108th CONGRESS
1st Session
H. R. 78
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 7, 2003
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 2003'.
SEC. 2. MEDICARE AND MEDICAID 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 (R), by striking `and' at the end;
(2) in subparagraph (S), by striking the period at the end and inserting
`, and', and
(3) by inserting after subparagraph (S) the following new subparagraph:
`(T) 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.'.
(1) IN GENERAL- In promulgating regulations under subparagraph (T) 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.
(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)(T) 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- The amendments made by this section shall take effect
18 months after the date of the enactment of this Act and apply to the entry
and renewal of contracts 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:
END
