[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 257 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 257
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 5, 2007
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 2007''.
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 (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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