I 111th CONGRESS 1st Session H. R. 3104 IN THE HOUSE OF REPRESENTATIVES June 26, 2009 Mr. Tim Murphy of Pennsylvania introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers, and for other purposes.

1.

Short title

This Act may be cited as the Healthy Hospitals Act of 2009.

2.

Requirement for public reporting of health care-associated infections data by hospitals and ambulatory surgical centers

(a)

In general

Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section:

249.

Requirement for public reporting of health care-associated infections data by hospitals and ambulatory surgical centers

(a)

Reporting requirement

In accordance with Centers for Disease Control and Prevention reporting protocols of the National Healthcare Safety Network, a hospital or ambulatory surgical center shall report to the Centers for Disease Control and Prevention’s National Healthcare Safety Network the data on each health care-associated infection occurring in the hospital or center and patient demographic information that may affect such data. (b)

Public posting of data

The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes the comparison of data on each health-care associated infection— (1)among hospitals and ambulatory surgical centers; and (2)by patient demographic information. (c)

Annual report to Congress

For each year for which data is reported under subsection (a) for any calendar quarter in the year, the Secretary shall submit to the Congress a report that summarizes each of the following: (1)The number and types of each health care-associated infection reported under subsection (a) in hospitals and ambulatory surgical centers during such year. (2)Factors that contribute to the occurrence of each such infections. (3)Based on the most recent information available to the Secretary on the composition of the professional staff of hospitals and ambulatory surgical centers, the number of certified infection control professionals on the staff of hospitals and ambulatory surgical centers. (4)The total increases or decreases in health care costs that resulted from increases or decreases in the rates of occurrence of each such infection during such year. (5)Recommendations for best practices to eliminate the rates of occurrence of each such infection in hospitals and ambulatory surgical centers. (d)

Civil money penalty

The Secretary may impose a civil money penalty of not more than $5,000 for each knowing violation of subsection (a) by a hospital or ambulatory surgical center. A civil money penalty under this subsection shall be imposed and collected in the same manner as a civil money penalty under subsection (a) of section 1128A of the Social Security Act is imposed and collected under that section. (e)

Non-preemption of State laws

Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of information on health care-associated infections or patient safety procedures for a hospital or ambulatory surgical center. (f)

Health care-associated infection

For purposes of this section: (1)

In general

The term health care-associated infection means an infection that develops in a patient who is cared for in any setting where health care is delivered (such as an acute care hospital, chronic care facility, ambulatory clinic, dialysis center, surgical center, or home) and is related to receiving health care. In ambulatory and home settings, such term applies to any infection that is associated with a medical or surgical intervention. (2)

Related to receiving health care

The term related to receiving health care, with respect to an infection, means that the infection was not incubating or present at the time the health care involved was provided. (g)

Application to critical access hospitals

For purposes of this section, the term hospital includes a critical access hospital, as defined in section 1861(mm)(1) of the Social Security Act.

. (b)

Effective date

With respect to section 249 of the Public Health Service Act (as added by subsection (a) of this section), the requirement under such section that hospitals and ambulatory surgical centers submit reports takes effect upon the expiration of the one-year period beginning on the date of the enactment of this Act.

3.

Sense of Congress

It is the sense of the Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero, with respect to patients to whom such providers and facilities furnish services.