[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 63 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 63

 To amend title XVIII of the Social Security Act to require hospitals 
    reimbursed under the Medicare system to establish and implement 
    security procedures to reduce the likelihood of infant patient 
abduction and baby switching, including procedures for identifying all 
 infant patients in the hospital in a manner that ensures that it will 
          be evident if infants are missing from the hospital.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
Committees on the Judiciary and Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to require hospitals 
    reimbursed under the Medicare system to establish and implement 
    security procedures to reduce the likelihood of infant patient 
abduction and baby switching, including procedures for identifying all 
 infant patients in the hospital in a manner that ensures that it will 
          be evident if infants are missing from the hospital.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infant Protection and Baby Switching 
Prevention Act of 2009''.

SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT ON IMPLEMENTATION OF 
              SECURITY PROCEDURES REGARDING INFANT PATIENT PROTECTION 
              AND BABY SWITCHING.

    (a) Agreements With Hospitals.--Section 1866(a)(1) of the Social 
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``, and''; and
            (3) by inserting after subparagraph (V) the following new 
        subparagraph:
            ``(W) in the case of hospitals and critical access 
        hospitals that provide neonatal or infant care, to have in 
        effect security procedures that meet standards established by 
        the Secretary (in consultation with appropriate organizations) 
        to reduce the likelihood of infant patient abduction and baby 
        switching, including standards for identifying all infant 
        patients in the hospital in a manner that ensures that it will 
        be evident if infants are missing from the hospital.''.
    (b) Regulations.--
            (1) In general.--In promulgating regulations under 
        subparagraph (W) of section 1866(a)(1) of such Act (42 U.S.C. 
        1395cc(a)(1)), as added by subsection (a), the Secretary of 
        Health and Human Services shall--
                    (A) consult with various organizations representing 
                consumers, appropriate State and local regulatory 
                agencies, hospitals, and critical access hospitals;
                    (B) take into account variations in size and 
                location of hospitals and critical access hospitals, 
                and the percentage of overall services furnished by 
                such hospitals and critical access hospitals that 
                neonatal care and infant care represent; and
                    (C) promulgate specific regulations that address 
                each size and type of hospital covered.
            (2) Deadline for publication.--Not later than 12 months 
        after the date of the enactment of this Act, the Secretary 
        shall publish the regulations required under paragraph (1). In 
        order to carry out this requirement in a timely manner, the 
        Secretary may promulgate regulations that take effect on an 
        interim basis, after notice and pending opportunity for public 
        comment.
    (c) Penalties.--
            (1) Amount of penalty.--A hospital that participates in the 
        Medicare program under title XVIII of the Social Security Act 
        under an agreement pursuant to section 1866 of such Act (42 
        U.S.C. 1395cc) that commits a violation described in paragraph 
        (2) of this subsection is subject to a civil money penalty of 
        not more than $50,000 (or not more than $25,000 in the case of 
        a hospital with less than 100 beds) for each such violation.
            (2) Violation described.--A hospital described in paragraph 
        (1) commits a violation for purposes of this subsection if the 
        hospital fails to have in effect security procedures that meet 
        standards established by the Secretary under section 
        1866(a)(1)(W) of such Act, as added by subsection (a), to 
        reduce the likelihood of infant patient abduction and baby 
        switching, including standards for identifying all infant 
        patients in the hospital in a manner that ensures that it will 
        be evident if infants are missing from the hospital.
            (3) Administrative provisions.--The provisions of section 
        1128A of such Act (42 U.S.C. 1320a-7a), other than subsections 
        (a) and (b), shall apply to a civil money penalty under this 
        subsection in the same manner as such provisions apply with 
        respect to a penalty or proceeding under section 1128A(a).
    (d) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is 18 months after the date 
of the enactment of this Act, and shall apply to contracts entered into 
or renewed under section 1866 of such Act (42 U.S.C. 1395cc) on or 
after such date.

SEC. 3. BABY SWITCHING PROHIBITED.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1205. Baby switching
    ``(a) Whoever being in interstate commerce knowingly alters or 
destroys an identification record of a newborn patient with the 
intention that the newborn patient be misidentified by any person shall 
be fined not more than $250,000 in the case of an individual and not 
more than $500,000 in the case of an organization, or imprisoned not 
more than ten years, or both.
    ``(b) As used in this section, the term `identification record' 
means a record maintained by a hospital to aid in the identification of 
newborn patients of the hospital, including any of the following:
            ``(1) The footprint, fingerprint, or photograph of the 
        newborn patient.
            ``(2) A written description of the infant.
            ``(3) An identification bracelet or anklet put on the 
        newborn patient, or the mother of the newborn patient, by a 
        staff member of the hospital.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of title 18, United States Code, is amended by adding at the 
end the following new item:

``1205. Baby switching.''.
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