Infant Protection and Baby Switching Prevention Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 142 To amend title XVIII of the Social Security Act to require hospitals reim- bursed 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 4, 2021 Ms. JACKSON LEE 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 provi- sions 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 estab- lish 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 142 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Infant Protection and 2 Baby Switching Prevention Act of 2021’’. 3 SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT 4 ON IMPLEMENTATION OF SECURITY PROCE- 5 DURES REGARDING INFANT PATIENT PRO- 6 TECTION AND BABY SWITCHING. 7 (a) AGREEMENTS WITH HOSPITALS.—Section 8 1866(a)(1) of the Social Security Act (42 U.S.C. 9 1395cc(a)(1)) is amended— 10 (1) in subparagraphs (W) and (X), by moving 11 the margin of each subparagraph 2 ems to the left; 12 (2) in subparagraph (X), by striking ‘‘and’’ at 13 the end; 14 (3) in subparagraph (Y), by striking the period 15 at the end and inserting ‘‘, and’’; and 16 (4) by inserting after subparagraph (Y) the fol- 17 lowing new subparagraph: 18 ‘‘(Z) in the case of hospitals and critical access 19 hospitals that provide neonatal or infant care, to 20 have in effect security procedures that meet stand- 21 ards established by the Secretary (in consultation 22 with appropriate organizations) to reduce the likeli- 23 hood of infant patient abduction and baby switching, 24 including standards for identifying all infant pa- 25 tients in the hospital in a manner that ensures that 26 VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 142 IH it will be evident if infants are missing from the hos- 1 pital.’’. 2 (b) REGULATIONS.— 3 (1) IN GENERAL.—In promulgating regulations 4 under subparagraph (Z) of section 1866(a)(1) of the 5 Social Security Act (42 U.S.C. 1395cc(a)(1)), as 6 added by subsection (a), the Secretary of Health and 7 Human Services shall— 8 (A) consult with various organizations rep- 9 resenting consumers, appropriate State and 10 local regulatory agencies, hospitals, and critical 11 access hospitals; 12 (B) take into account variations in size 13 and location of hospitals and critical access hos- 14 pitals, and the percentage of overall services 15 furnished by such hospitals and critical access 16 hospitals that neonatal care and infant care 17 represent; and 18 (C) promulgate specific regulations that 19 address each size and type of hospital covered. 20 (2) DEADLINE FOR PUBLICATION.—Not later 21 than 12 months after the date of the enactment of 22 this Act, the Secretary shall publish the regulations 23 required under paragraph (1). In order to carry out 24 this requirement in a timely manner, the Secretary 25 VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 142 IH may promulgate regulations that take effect on an 1 interim basis, after notice and pending opportunity 2 for public comment. 3 (c) PENALTIES.— 4 (1) AMOUNT OF PENALTY.—A hospital that 5 participates in the Medicare program under title 6 XVIII of the Social Security Act under an agree- 7 ment pursuant to section 1866 of such Act (42 8 U.S.C. 1395cc) that commits a violation described in 9 paragraph (2) is subject to a civil money penalty of 10 not more than $50,000 (or not more than $25,000 11 in the case of a hospital with fewer than 100 beds) 12 for each such violation. 13 (2) VIOLATION DESCRIBED.—A hospital de- 14 scribed in paragraph (1) commits a violation for 15 purposes of this subsection if the hospital fails to 16 have in effect security procedures that meet stand- 17 ards established by the Secretary of Health and 18 Human Services under section 1866(a)(1)(Z) of 19 such Act, as added by subsection (a), to reduce the 20 likelihood of infant patient abduction and baby 21 switching, including standards for identifying all in- 22 fant patients in the hospital in a manner that en- 23 sures that it will be evident if infants are missing 24 from the hospital. 25 VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 142 IH (3) ADMINISTRATIVE PROVISIONS.—The provi- 1 sions of section 1128A of such Act (42 U.S.C. 2 1320a–7a), other than subsections (a) and (b), shall 3 apply to a civil money penalty under this subsection 4 in the same manner as such provisions apply with 5 respect to a penalty or proceeding under section 6 1128A(a) of such Act. 7 (d) EFFECTIVE DATE.—This section, and the amend- 8 ments made by this section, shall take effect on the date 9 that is 18 months after the date of the enactment of this 10 Act, and shall apply to contracts entered into or renewed 11 under section 1866 of the Social Security Act (42 U.S.C. 12 1395cc) on or after such date. 13 SEC. 3. BABY SWITCHING PROHIBITED. 14 (a) IN GENERAL.—Chapter 55 of title 18, United 15 States Code, is amended by adding at the end the fol- 16 lowing: 17 ‘‘SEC. 1205. BABY SWITCHING. 18 ‘‘(a) Whoever being in interstate commerce knowingly 19 alters or destroys an identification record of a newborn 20 patient with the intention that the newborn patient be 21 misidentified by any person shall be fined not more than 22 $250,000 in the case of an individual and not more than 23 $500,000 in the case of an organization, or imprisoned 24 not more than ten years, or both. 25 VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 142 IH ‘‘(b) As used in this section, the term ‘identification 1 record’ means a record maintained by a hospital to aid 2 in the identification of newborn patients of the hospital, 3 including any of the following: 4 ‘‘(1) The footprint, fingerprint, or photograph 5 of the newborn patient. 6 ‘‘(2) A written description of the infant. 7 ‘‘(3) An identification bracelet or anklet put on 8 the newborn patient, or the mother of the newborn 9 patient, by a staff member of the hospital.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of chapter 55 of title 18, United States 12 Code, is amended by adding at the end the following new 13 item: 14 ‘‘1205. Baby switching.’’. Æ VerDate Sep 11 2014 18:19 Jan 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H142.IH H142 pamtmann on DSKBC07HB2PROD with BILLS