[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7514 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7514

   To amend title XVIII of the Social Security Act to require, as a 
condition of participation under the Medicare program, each hospital to 
  adopt and implement evidence-based sepsis protocols, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

 Mr. Rodney Davis of Illinois introduced the following bill; which was 
  referred to the Committee on Ways and Means, and in addition to the 
   Committee on 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, as a 
condition of participation under the Medicare program, each hospital to 
  adopt and implement evidence-based sepsis protocols, and for other 
                               purposes.

    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 ``Gabby's Law Act''.

SEC. 2. REQUIREMENT AS CONDITION OF PARTICIPATION UNDER MEDICARE 
              PROGRAM FOR HOSPITALS TO ADOPT AND IMPLEMENT EVIDENCE-
              BASED SEPSIS PROTOCOLS.

    (a) In General.--Section 1866(a)(1) of the Social Security Act (42 
U.S.C. 1395cc(a)(1)) is amended--
            (1) in subparagraph (W), by moving the margin of such 
        subparagraph 2 ems to the left;
            (2) in subparagraph (X)--
                    (A) by moving the margin of such subparagraph 2 ems 
                to the left; and
                    (B) by striking ``and'' at the end;
            (3) in subparagraph (Y)(ii)(V), by striking the period at 
        the end and inserting ``, and''; and
            (4) by inserting after subparagraph (Y) the following new 
        subparagraph:
                    ``(Z) beginning on the date that is one year after 
                the date of the enactment of this subparagraph, in the 
                case of a hospital--
                            ``(i) to adopt, implement, and periodically 
                        update evidence-based sepsis protocols (as 
                        defined in section 1861(kkk)); and
                            ``(ii) to ensure that professional staff of 
                        the hospital with direct patient care 
                        responsibilities and, as determined appropriate 
                        by the hospital, staff of the hospital with 
                        indirect patient care responsibilities 
                        (including laboratory and pharmacy staff) 
                        periodically receive training (which shall be 
                        updated in accordance with any substantial 
                        update made under clause (i) to the evidence-
                        based sepsis protocols of the hospital) to 
                        implement such evidence-based sepsis 
                        protocols.''.
    (b) Evidence-Based Sepsis Protocols Defined.--Section 1861 of the 
Social Security Act (42 U.S.C. 1395x) is amended by adding at the end 
the following new subsection:
    ``(kkk) Evidence-Based Sepsis Protocols.--The term `evidence-based 
sepsis protocols' means, with respect to a hospital, protocols based on 
generally accepted standards of care for the early recognition and 
treatment of individuals with sepsis, severe sepsis, or septic shock 
and that include each of the following:
            ``(1) A process for identifying (including through 
        screenings) and providing treatment for adults with sepsis, 
        severe sepsis, or septic shock, taking into account whether 
        such treatment is being provided as an inpatient hospital 
        service or in the emergency department of the hospital.
            ``(2) A process for identifying (including through 
        screenings) and providing treatment for children with sepsis, 
        severe sepsis, or septic shock, taking into account whether 
        such treatment is being provided as an inpatient hospital 
        service or in the emergency department of the hospital.
            ``(3) A process and explicit criteria for excluding certain 
        individuals, such as an individual with an exclusionary 
        clinical condition (as specified by the hospital) or an 
        individual who has elected palliative care, from the process 
        described in paragraph (1) or (2).
            ``(4) Guidelines for hemodynamic support with explicit 
        physiologic and treatment goals, a methodology for invasive and 
        non-invasive hemodynamic monitoring, and timeframe goals.
            ``(5) With respect to children (including infants), 
        guidelines for fluid resuscitation consistent with any 
        evidence-based guidelines for severe sepsis and septic shock 
        that have defined therapeutic goals for children.
            ``(6) A process for identifying the infectious source of 
        the sepsis, severe sepsis, or septic shock and delivering early 
        broad spectrum antibiotics with timely reevaluation to adjust 
        treatment in a manner that targets any identified infectious 
        source.
            ``(7) Criteria for use, based on accepted evidence of 
        vasoactive agents.''.
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