,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #hb  ,,in ,,the ,,house ,,of    
,,representatives  ,january #c1 #bjac   
,ms4 ,jackson ,lee introduced the       
following bill2 which was referred to   
the ,committee on ,ways and ,means1 and 
in addition to the ,committees on the   
,judiciary and ,energy and ,commerce1   
for a period to be subsequently         
determined by the ,speaker1 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       
switching1 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 hospital4  #a4 ,short  
title ,this ,act may be cited as the    

,infant ,protection and ,baby ,switching
 ,prevention ,act of #bjac4  #b4        
,medicare payments to hospitals         
contingent on implementation of security
 procedures regarding infant patient    
protection and baby switching  7a7      
,agreements ,with ,hospitals ,section   
#ahff7;a77#a7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #acie;cc7a77#a77 is 
amended--  7#a7 in subparagraph 7,v71 by
 striking and at the end2  7#b7 in the  
subparagraph 7,w7 added by section      
#cjje7a77;,c7 of ,public ,law #aaa-adh1 
by moving its margin #b ems to the left 
and by striking the period at the end   
and inserting a comma2  7#c7 in the     
subparagraph 7,w7 added by section      
#fdjf7;b77#c7 of such ,act1 by          
redesignating such subparagraph as      
subparagraph 7,x71 by moving its margin 
#b ems to the left1 and by striking the 
period at the end and inserting 1 and2  
and  7#d7 by inserting after            
subparagraph 7,x71 as so redesignated1  
the following new subparagraph3  7,y7 in

 the case of hospitals and critical     
access hospitals that provide neonatal  
or infant care1 to have in effect       
security procedures that meet standards 
established by the ,secretary 7in       
consultation with appropriate           
organizations7 to reduce the likelihood 
of infant patient abduction and baby    
switching1 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 hospital4  4  7b7      
,regulations  7#a7 ,in general ,in      
promulgating regulations under          
subparagraph 7,y7 of section            
#ahff7;a77#a7 of the ,social ,security  
,act 7#db ,u4,s4,c4 #acie;cc7a77#a771 as
 added by subsection 7a71 the ,secretary
 of ,health and ,human ,services shall--
  7,a7 consult with various             
organizations representing consumers1   
appropriate ,state and local regulatory 
agencies1 hospitals1 and critical access
 hospitals2  7,b7 take into account     

variations in size and location of      
hospitals and critical access hospitals1
 and the percentage of overall services 
furnished by such hospitals and critical
 access hospitals that neonatal care and
 infant care represent2 and  7,c7       
promulgate specific regulations that    
address each size and type of hospital  
covered4  7#b7 ,deadline for publication
 ,not later than #ab months after the   
date of the enactment of this ,act1 the 
,secretary shall publish the regulations
 required under paragraph 7#a74 ,in     
order to carry out this requirement in a
 timely manner1 the ,secretary may      
promulgate regulations that take effect 
on an interim basis1 after notice and   
pending opportunity for public comment4 
7c7 ,penalties  7#a7 ,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 #ahff of  
such ,act 7#db ,u4,s4,c4 #acie;cc7 that 
commits a violation described in        

paragraph 7#b7 is subject to a civil    
money penalty of not more than #ej1jjj  
7or not more than #be1jjj in the case of
 a hospital with fewer than #ajj beds7  
for each such violation4  7#b7          
,violation described ,a hospital        
described in paragraph 7#a7 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
 of ,health and ,human ,services under  
section #ahff7;a77#a77,y7 of such ,act1 
as added by subsection 7a71 to reduce   
the likelihood of infant patient        
abduction and baby switching1 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 hospital4  
7#c7 ,administrative provisions ,the    
provisions of section #aabh;,a of such  
,act 7#db ,u4,s4,c4 #acbj;a-#g;a71 other
 than subsections 7a7 and 7b71 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     
#aabh;,a7a7 of such ,act4  7d7          
,effective date ,this section1 and the  
amendments made by this section1 shall  
take effect on the date that is #ah     
months after the date of the enactment  
of this ,act1 and shall apply to        
contracts entered into or renewed under 
section #ahff of the ,social ,security  
,act 7#db ,u4,s4,c4 #acie;cc7 on or     
after such date4  #c4 ,baby switching   
prohibited  7a7 ,in general ,chapter #ee
 of title #ah1 ,united ,states ,code1 is
 amended by adding at the end the       
following3  #abje4 ,baby switching  7a7 
,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     
#bej1jjj in the case of an individual   
and not more than #ejj1jjj in the case  

of an organization1 or imprisoned not   
more than ten years1 or both4  7b7 ,as  
used in this section1 the term          
identification record means a record    
maintained by a hospital to aid in the  
identification of newborn patients of   
the hospital1 including any of the      
following3  7#a7 ,the footprint1        
fingerprint1 or photograph of the       
newborn patient4  7#b7 ,a written       
description of the infant4  7#c7 ,an    
identification bracelet or anklet put on
 the newborn patient1 or the mother of  
the newborn patient1 by a staff member  
of the hospital4  4  7b7 ,clerical      
,amendment ,the table of sections at the
 beginning of chapter #ee of title #ah1 
,united ,states ,code1 is amended by    
adding at the end the following new     
item3  #abje4 ,baby switching4  4