Us Congress 2023-2024 Regular Session

Us Congress House Bill HB282 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 282
5	5	To amend title XVIII of the Social Security Act to require hospitals reim-
6	6	bursed under the Medicare system to establish and implement security
7	7	procedures to reduce the likelihood of infant patient abduction and baby
8	8	switching, including procedures for identifying all infant patients in the
9	9	hospital in a manner that ensures that it will be evident if infants
10	10	are missing from the hospital.
11	11	IN THE HOUSE OF REPRESENTATIVES
12	12	JANUARY11, 2023
13	13	Ms. J
14	14	ACKSONLEEintroduced the following bill; which was referred to the
15	15	Committee on Ways and Means, and in addition to the Committees on
16	16	the Judiciary, and Energy and Commerce, for a period to be subsequently
17	17	determined by the Speaker, in each case for consideration of such provi-
18	18	sions as fall within the jurisdiction of the committee concerned
19	19	A BILL
20	20	To amend title XVIII of the Social Security Act to require
21	21	hospitals reimbursed under the Medicare system to estab-
22	22	lish and implement security procedures to reduce the
23	23	likelihood of infant patient abduction and baby switching,
24	24	including procedures for identifying all infant patients
25	25	in the hospital in a manner that ensures that it will
26	26	be evident if infants are missing from the hospital.
27	27	Be it enacted by the Senate and House of Representa-1
28	28	tives of the United States of America in Congress assembled, 2
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31	31	•HR 282 IH
32	32	SECTION 1. SHORT TITLE. 1
33	33	This Act may be cited as the ‘‘Infant Protection and 2
34	34	Baby Switching Prevention Act of 2023’’. 3
35	35	SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT 4
36	36	ON IMPLEMENTATION OF SECURITY PROCE-5
37	37	DURES REGARDING INFANT PATIENT PRO-6
38	38	TECTION AND BABY SWITCHING. 7
39	39	(a) A
40	40	GREEMENTS WITHHOSPITALS.—Section 8
41	41	1866(a)(1) of the Social Security Act (42 U.S.C. 9
42	42	1395cc(a)(1)) is amended— 10
43	43	(1) in subparagraphs (W) and (X), by moving 11
44	44	the margin of each subparagraph 2 ems to the left; 12
45	45	(2) in subparagraph (X), by striking ‘‘and’’ at 13
46	46	the end; 14
47	47	(3) in subparagraph (Y), by striking the period 15
48	48	at the end and inserting ‘‘, and’’; and 16
49	49	(4) by inserting after subparagraph (Y) the fol-17
50	50	lowing new subparagraph: 18
51	51	‘‘(Z) in the case of hospitals and critical access 19
52	52	hospitals that provide neonatal or infant care, to 20
53	53	have in effect security procedures that meet stand-21
54	54	ards established by the Secretary (in consultation 22
55	55	with appropriate organizations) to reduce the likeli-23
56	56	hood of infant patient abduction and baby switching, 24
57	57	including standards for identifying all infant pa-25
58	58	tients in the hospital in a manner that ensures that 26
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61	61	•HR 282 IH
62	62	it will be evident if infants are missing from the hos-1
63	63	pital.’’. 2
64	64	(b) R
65	65	EGULATIONS.— 3
66	66	(1) I
67	67	N GENERAL.—In promulgating regulations 4
68	68	under subparagraph (Z) of section 1866(a)(1) of the 5
69	69	Social Security Act (42 U.S.C. 1395cc(a)(1)), as 6
70	70	added by subsection (a), the Secretary of Health and 7
71	71	Human Services shall— 8
72	72	(A) consult with various organizations rep-9
73	73	resenting consumers, appropriate State and 10
74	74	local regulatory agencies, hospitals, and critical 11
75	75	access hospitals; 12
76	76	(B) take into account variations in size 13
77	77	and location of hospitals and critical access hos-14
78	78	pitals, and the percentage of overall services 15
79	79	furnished by such hospitals and critical access 16
80	80	hospitals that neonatal care and infant care 17
81	81	represent; and 18
82	82	(C) promulgate specific regulations that 19
83	83	address each size and type of hospital covered. 20
84	84	(2) D
85	85	EADLINE FOR PUBLICATION .—Not later 21
86	86	than 12 months after the date of the enactment of 22
87	87	this Act, the Secretary shall publish the regulations 23
88	88	required under paragraph (1). In order to carry out 24
89	89	this requirement in a timely manner, the Secretary 25
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92	92	•HR 282 IH
93	93	may promulgate regulations that take effect on an 1
94	94	interim basis, after notice and pending opportunity 2
95	95	for public comment. 3
96	96	(c) P
97	97	ENALTIES.— 4
98	98	(1) A
99	99	MOUNT OF PENALTY .—A hospital that 5
100	100	participates in the Medicare program under title 6
101	101	XVIII of the Social Security Act under an agree-7
102	102	ment pursuant to section 1866 of such Act (42 8
103	103	U.S.C. 1395cc) that commits a violation described in 9
104	104	paragraph (2) is subject to a civil money penalty of 10
105	105	not more than $50,000 (or not more than $25,000 11
106	106	in the case of a hospital with fewer than 100 beds) 12
107	107	for each such violation. 13
108	108	(2) V
109	109	IOLATION DESCRIBED .—A hospital de-14
110	110	scribed in paragraph (1) commits a violation for 15
111	111	purposes of this subsection if the hospital fails to 16
112	112	have in effect security procedures that meet stand-17
113	113	ards established by the Secretary of Health and 18
114	114	Human Services under section 1866(a)(1)(Z) of 19
115	115	such Act, as added by subsection (a), to reduce the 20
116	116	likelihood of infant patient abduction and baby 21
117	117	switching, including standards for identifying all in-22
118	118	fant patients in the hospital in a manner that en-23
119	119	sures that it will be evident if infants are missing 24
120	120	from the hospital. 25
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123	123	•HR 282 IH
124	124	(3) ADMINISTRATIVE PROVISIONS .—The provi-1
125	125	sions of section 1128A of such Act (42 U.S.C. 2
126	126	1320a–7a), other than subsections (a) and (b), shall 3
127	127	apply to a civil money penalty under this subsection 4
128	128	in the same manner as such provisions apply with 5
129	129	respect to a penalty or proceeding under section 6
130	130	1128A(a) of such Act. 7
131	131	(d) E
132	132	FFECTIVEDATE.—This section, and the amend-8
133	133	ments made by this section, shall take effect on the date 9
134	134	that is 18 months after the date of the enactment of this 10
135	135	Act, and shall apply to contracts entered into or renewed 11
136	136	under section 1866 of the Social Security Act (42 U.S.C. 12
137	137	1395cc) on or after such date. 13
138	138	SEC. 3. BABY SWITCHING PROHIBITED. 14
139	139	(a) I
140	140	NGENERAL.—Chapter 55 of title 18, United 15
141	141	States Code, is amended by adding at the end the fol-16
142	142	lowing: 17
143	143	‘‘SEC. 1205. BABY SWITCHING. 18
144	144	‘‘(a) Whoever being in interstate commerce knowingly 19
145	145	alters or destroys an identification record of a newborn 20
146	146	patient with the intention that the newborn patient be 21
147	147	misidentified by any person shall be fined not more than 22
148	148	$250,000 in the case of an individual and not more than 23
149	149	$500,000 in the case of an organization, or imprisoned 24
150	150	not more than ten years, or both. 25
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153	153	•HR 282 IH
154	154	‘‘(b) As used in this section, the term ‘identification 1
155	155	record’ means a record maintained by a hospital to aid 2
156	156	in the identification of newborn patients of the hospital, 3
157	157	including any of the following: 4
158	158	‘‘(1) The footprint, fingerprint, or photograph 5
159	159	of the newborn patient. 6
160	160	‘‘(2) A written description of the infant. 7
161	161	‘‘(3) An identification bracelet or anklet put on 8
162	162	the newborn patient, or the mother of the newborn 9
163	163	patient, by a staff member of the hospital.’’. 10
164	164	(b) C
165	165	LERICALAMENDMENT.—The table of sections 11
166	166	at the beginning of chapter 55 of title 18, United States 12
167	167	Code, is amended by adding at the end the following new 13
168	168	item: 14
169	169	‘‘1205. Baby switching.’’.
170	170	Æ
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