During the 89th Legislature, Regular Session, the legislature passed House Bill 37 (H.B. 37) known as Everly’s Law, relating to perinatal bereavement care. Perinatal bereavement care is supportive care for a prenatal diagnosis of a life-limiting fetal condition. This bill takes effect September 1, 2025, and does the following:  

• defines what perinatal bereavement care services are required in hospitals assigned a maternal level of care designation under Section 241.182
• establishes a Perinatal Bereavement Care Initiative and
• establishes a hospital recognition program for perinatal bereavement care

Following an intrauterine fetal demise, neonatal death, or stillbirth, hospitals with a maternal level of care designation shall make available to parents and family members:

(1)  perinatal bereavement care counseling options; and

(2) any available perinatal bereavement device

The perinatal bereavement device, if available, should be offered to parents and family members for a period of time equal to the length of stay recommended by a medical professional for a birth. Everly’s Law defines a perinatal bereavement device as an apparatus with technology capable of delaying the deterioration of human tissue for up to 72 hours following an intrauterine fetal demise, neonatal death, or stillbirth. H.B 37 does not impact a hospital’s maternal levels of care designation status.

The Perinatal Bereavement Care Initiative is intended to improve access to and quality of perinatal bereavement care in the state of Texas. Everly’s Law allows for DSHS to receive gifts, grants, and donations for the purposes of this initiative. DSHS is currently in the planning stages for this initiative and will have more details available in the coming weeks. All information on this initiative will be posted to this website. For any questions, or to make a donation to the Perinatal Bereavement Care Initiative, please contact us at PerinatalBereavement@dshs.texas.gov.  

The Executive Commissioner of the Health and Human Services Commission, along with the Perinatal Advisory Council, will develop and implement a program to recognize hospitals assigned a maternal level of care designation that provide perinatal bereavement care training to hospital personnel. More information on this program will be available soon. 

Submit donations or Perinatal Bereavement Care Initiative questions to PerinatalBereavement@dshs.texas.gov.