Gabby’s Law Act

I 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 with- in 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 pro- gram, each hospital to adopt and implement evidence- based sepsis protocols, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gabby’s Law Act’’. 4 VerDate Sep 11 2014 01:25 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7514.IH H7514 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7514 IH SEC. 2. REQUIREMENT AS CONDITION OF PARTICIPATION 1 UNDER MEDICARE PROGRAM FOR HOS- 2 PITALS TO ADOPT AND IMPLEMENT EVI- 3 DENCE-BASED SEPSIS PROTOCOLS. 4 (a) IN GENERAL.—Section 1866(a)(1) of the Social 5 Security Act (42 U.S.C. 1395cc(a)(1)) is amended— 6 (1) in subparagraph (W), by moving the margin 7 of such subparagraph 2 ems to the left; 8 (2) in subparagraph (X)— 9 (A) by moving the margin of such subpara- 10 graph 2 ems to the left; and 11 (B) by striking ‘‘and’’ at the end; 12 (3) in subparagraph (Y)(ii)(V), by striking the 13 period at the end and inserting ‘‘, and’’; and 14 (4) by inserting after subparagraph (Y) the fol- 15 lowing new subparagraph: 16 ‘‘(Z) beginning on the date that is one year 17 after the date of the enactment of this subpara- 18 graph, in the case of a hospital— 19 ‘‘(i) to adopt, implement, and periodi- 20 cally update evidence-based sepsis proto- 21 cols (as defined in section 1861(kkk)); and 22 ‘‘(ii) to ensure that professional staff 23 of the hospital with direct patient care re- 24 sponsibilities and, as determined appro- 25 priate by the hospital, staff of the hospital 26 VerDate Sep 11 2014 00:07 Jul 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7514.IH H7514 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7514 IH with indirect patient care responsibilities 1 (including laboratory and pharmacy staff) 2 periodically receive training (which shall be 3 updated in accordance with any substantial 4 update made under clause (i) to the evi- 5 dence-based sepsis protocols of the hos- 6 pital) to implement such evidence-based 7 sepsis protocols.’’. 8 (b) EVIDENCE-BASED SEPSIS PROTOCOLS DE- 9 FINED.—Section 1861 of the Social Security Act (42 10 U.S.C. 1395x) is amended by adding at the end the fol- 11 lowing new subsection: 12 ‘‘(kkk) EVIDENCE-BASED SEPSIS PROTOCOLS.—The 13 term ‘evidence-based sepsis protocols’ means, with respect 14 to a hospital, protocols based on generally accepted stand- 15 ards of care for the early recognition and treatment of 16 individuals with sepsis, severe sepsis, or septic shock and 17 that include each of the following: 18 ‘‘(1) A process for identifying (including 19 through screenings) and providing treatment for 20 adults with sepsis, severe sepsis, or septic shock, 21 taking into account whether such treatment is being 22 provided as an inpatient hospital service or in the 23 emergency department of the hospital. 24 VerDate Sep 11 2014 01:25 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7514.IH H7514 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7514 IH ‘‘(2) A process for identifying (including 1 through screenings) and providing treatment for 2 children with sepsis, severe sepsis, or septic shock, 3 taking into account whether such treatment is being 4 provided as an inpatient hospital service or in the 5 emergency department of the hospital. 6 ‘‘(3) A process and explicit criteria for exclud- 7 ing certain individuals, such as an individual with an 8 exclusionary clinical condition (as specified by the 9 hospital) or an individual who has elected palliative 10 care, from the process described in paragraph (1) or 11 (2). 12 ‘‘(4) Guidelines for hemodynamic support with 13 explicit physiologic and treatment goals, a method- 14 ology for invasive and non-invasive hemodynamic 15 monitoring, and timeframe goals. 16 ‘‘(5) With respect to children (including in- 17 fants), guidelines for fluid resuscitation consistent 18 with any evidence-based guidelines for severe sepsis 19 and septic shock that have defined therapeutic goals 20 for children. 21 ‘‘(6) A process for identifying the infectious 22 source of the sepsis, severe sepsis, or septic shock 23 and delivering early broad spectrum antibiotics with 24 VerDate Sep 11 2014 01:25 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7514.IH H7514 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7514 IH timely reevaluation to adjust treatment in a manner 1 that targets any identified infectious source. 2 ‘‘(7) Criteria for use, based on accepted evi- 3 dence of vasoactive agents.’’. 4 Æ VerDate Sep 11 2014 01:25 Jul 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7514.IH H7514 pbinns on DSKJLVW7X2PROD with BILLS