[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3128 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3128

 To amend title XVIII of the Social Security Act to provide additional 
 penalties applicable to psychiatric hospitals and units that fail to 
     comply with Medicare discharge planning process requirements.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2013

  Ms. Matsui introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend title XVIII of the Social Security Act to provide additional 
 penalties applicable to psychiatric hospitals and units that fail to 
     comply with Medicare discharge planning process requirements.

    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 ``Protect Patients Act''.

SEC. 2. ADDITIONAL PENALTIES FOR PSYCHIATRIC HOSPITAL OR UNIT FAILURE 
              TO COMPLY WITH MEDICARE DISCHARGE PLANNING PROCESS 
              REQUIREMENTS.

    Section 1861(ee) of the Social Security Act (42 U.S.C. 1395x(ee)) 
is amended by adding at the end the following new paragraph:
    ``(4)(A) Beginning 1 year after the date of the enactment of this 
paragraph, a psychiatric hospital or a psychiatric unit (as described 
in the matter following clause (v) of section 1886(d)(1)(B)) that is 
determined by the Secretary not to have in place a discharge planning 
process that meets the requirements of this subsection is subject to a 
civil money penalty of not more than $10,000. A civil money penalty 
under this subparagraph shall be imposed and collected in the same 
manner as civil money penalties under subsection (a) of section 1128A 
are imposed and collected under that section.
    ``(B) Beginning 1 year after the date of the enactment of this 
paragraph, the Secretary may require a psychiatric hospital or such a 
psychiatric unit that the Secretary has determined on multiple 
occasions does not have in place a discharge planning process that 
meets the requirements of this subsection to enter into an agreement 
with the Secretary, similar to a system improvement agreement applied 
pursuant to section 1866(b), to--
            ``(i) obtain from a third party that is selected by the 
        Secretary an independent review of policies and procedures of 
        the hospital or unit for purposes of providing recommendations 
        for establishing a sufficient discharge planning process under 
        this subsection;
            ``(ii) retain an independent compliance officer for a 
        period specified in the agreement to monitor and assist the 
        hospital or unit in establishing a sufficient discharge 
        planning process under this subsection;
            ``(iii) submit periodic reports to the Secretary detailing 
        improvements made to the policies and procedures of the 
        hospital or unit to have in place a sufficient discharge 
        planning process under this subsection; and
            ``(iv) undertake such other actions as the Secretary 
        determines necessary in order to ensure that the hospital or 
        unit will continue to have a sufficient discharge planning 
        process under this subsection on an ongoing basis.
    ``(C) In the case that a psychiatric hospital or such a psychiatric 
unit has entered into an agreement under subparagraph (B) and does not 
have in place a sufficient discharge planning process by the date that 
is 45 days after entering into such agreement, the Secretary may, in 
consultation with the State, appoint temporary management to oversee 
the operation of the hospital or unit, assure the health and safety of 
the hospital or unit's inpatients, and ensure compliance with 
requirements of such discharge planning process by the hospital or 
unit. The temporary management under this subparagraph shall be 
terminated when the Secretary has determined that the hospital or unit 
has the management capability to ensure continued compliance with all 
such requirements.''.
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