,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cabh  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ah1      
#bjac,ms4 ,matsui introduced the        
following bill2 which was referred to   
the ,committee on ,ways and ,means  ,a  
,,bill  ,to amend title ,,xviii of the  
,social ,security ,act to provide       
additional penalties applicable to      
psychiatric hospitals and units that    
fail to comply with ,medicare discharge 
planning process requirements4  #a4     
,short title ,this ,act may be cited as 
the ,protect ,patients ,act4  #b4       
,additional penalties for psychiatric   
hospital or unit failure to comply with 
,medicare discharge planning process    
requirements ,section #ahfa7;ee7 of the 
,social ,security ,act 7#db ,u4,s4,c4   
#aciex7ee77 is amended by adding at the 
end the following new paragraph3  7#d7  
7,a7 ,beginning #a year after the date  
of the enactment of this paragraph1 a   
psychiatric hospital or a psychiatric   
unit 7as described in the matter        

following clause 7v7 of section         
#ahhf7;d77#a77;,b77 that is determined  
by the ,secretary not to have in place a
 discharge planning process that meets  
the requirements of this subsection is  
subject to a civil money penalty of not 
more than #aj1jjj4 ,a civil money       
penalty under this subparagraph shall be
 imposed and collected in the same      
manner as civil money penalties under   
subsection 7a7 of section #aabh;,a are  
imposed and collected under that        
section4  7,b7 ,beginning #a year after 
the date of the enactment of this       
paragraph1 the ,secretary may require a 
psychiatric hospital or such a          
psychiatric unit that the ,secretary has
 determined on multiple occasions does  
not have in place a discharge planning  
process that meets the requirements of  
this subsection to enter into an        
agreement with the ,secretary1 similar  
to a system improvement agreement       
applied pursuant to section #ahff7;b71  
to-- 7i7 obtain from a third party that 

is selected by the ,secretary an        
independent review of policies and      
procedures of the hospital or unit for  
purposes of providing recommendations   
for establishing a sufficient discharge 
planning process under this subsection2 
7ii7 retain an independent compliance   
officer for a period specified in the   
agreement to monitor and assist the     
hospital or unit in establishing a      
sufficient discharge planning process   
under this subsection2  7iii7 submit    
periodic reports to the ,secretary      
detailing improvements made to the      
policies and procedures of the hospital 
or unit to have in place a sufficient   
discharge planning process under this   
subsection2 and  7iv7 undertake such    
other actions as the ,secretary         
determines necessary in order to ensure 
that the hospital or unit will continue 
to have a sufficient discharge planning 
process under this subsection on an     
ongoing basis4  7,c7 ,in the case that a
 psychiatric hospital or such a         

psychiatric unit has entered into an    
agreement under subparagraph 7,b7 and   
does not have in place a sufficient     
discharge planning process by the date  
that is #de days after entering into    
such agreement1 the ,secretary may1 in  
consultation with the ,state1 appoint   
temporary management to oversee the     
operation of the hospital or unit1      
assure the health and safety of the     
hospital or unit's inpatients1 and      
ensure compliance with requirements of  
such discharge planning process by the  
hospital or unit4 ,the temporary        
management under this subparagraph shall
 be terminated when the ,secretary has  
determined that the hospital or unit has
 the management capability to ensure    
continued compliance with all such      
requirements4  4