To require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers, and for other purposes.

Summary: Healthy Hospitals Act of 2009 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center (hospital), in accordance with Centers for Disease Control and Prevention (CDC) reporting protocols of the National Healthcare Safety Network, to report to the Network data on each health care-associated infection occurring in the hospital and patient demographic information that may affect such data.

Requires the Secretary of Health and Human Services to promptly post data reported on the Department of Health and Human Services (HHS) public Internet site in a manner that promotes the comparison of data on each health care-associated infection: (1) among hospitals; and (2) by patient demographic information.

Directs the Secretary, for each year for which such data is reported, to submit to Congress a report that summarizes: (1) the number and types of health care-associated infections reported in hospitals; (2) factors that contribute to the occurrence of such infections; (3) the number of certified infection control professionals on staff; (4) the total increases or decreases in health care costs that resulted from changes in infection rates; and (5) recommendations for best practices to eliminate such infections.

Authorizes the Secretary to impose a civil penalty of up to $5,000 for each knowing violation of the reporting requirement by a hospital.

Expresses the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Hospitals Act of 2009''.

SEC. 2. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED 
              INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL 
              CENTERS.

    (a) In General.--Part B of title II of the Public Health Service 
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the 
following section:

``SEC. 249. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED 
              INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL 
              CENTERS.

    ``(a) Reporting Requirement.--In accordance with Centers for 
Disease Control and Prevention reporting protocols of the National 
Healthcare Safety Network, a hospital or ambulatory surgical center 
shall report to the Centers for Disease Control and Prevention's 
National Healthcare Safety Network the data on each health care-
associated infection occurring in the hospital or center and patient 
demographic information that may affect such data.
    ``(b) Public Posting of Data.--The Secretary shall promptly post, 
on the official public Internet site of the Department of Health and 
Human Services, the data reported under subsection (a). Such data shall 
be set forth in a manner that promotes the comparison of data on each 
health-care associated infection--
            ``(1) among hospitals and ambulatory surgical centers; and
            ``(2) by patient demographic information.
    ``(c) Annual Report to Congress.--For each year for which data is 
reported under subsection (a) for any calendar quarter in the year, the 
Secretary shall submit to the Congress a report that summarizes each of 
the following:
            ``(1) The number and types of each health care-associated 
        infection reported under subsection (a) in hospitals and 
        ambulatory surgical centers during such year.
            ``(2) Factors that contribute to the occurrence of each 
        such infections.
            ``(3) Based on the most recent information available to the 
        Secretary on the composition of the professional staff of 
        hospitals and ambulatory surgical centers, the number of 
        certified infection control professionals on the staff of 
        hospitals and ambulatory surgical centers.
            ``(4) The total increases or decreases in health care costs 
        that resulted from increases or decreases in the rates of 
        occurrence of each such infection during such year.
            ``(5) Recommendations for best practices to eliminate the 
        rates of occurrence of each such infection in hospitals and 
        ambulatory surgical centers.
    ``(d) Civil Money Penalty.--The Secretary may impose a civil money 
penalty of not more than $5,000 for each knowing violation of 
subsection (a) by a hospital or ambulatory surgical center. A civil 
money penalty under this subsection shall be imposed and collected in 
the same manner as a civil money penalty under subsection (a) of 
section 1128A of the Social Security Act is imposed and collected under 
that section.
    ``(e) Non-preemption of State Laws.--Nothing in this section shall 
be construed as preempting or otherwise affecting any provision of 
State law relating to the disclosure of information on health care-
associated infections or patient safety procedures for a hospital or 
ambulatory surgical center.
    ``(f) Health Care-associated Infection.--For purposes of this 
section:
            ``(1) In general.--The term `health care-associated 
        infection' means an infection that develops in a patient who is 
        cared for in any setting where health care is delivered (such 
        as an acute care hospital, chronic care facility, ambulatory 
        clinic, dialysis center, surgical center, or home) and is 
        related to receiving health care. In ambulatory and home 
        settings, such term applies to any infection that is associated 
        with a medical or surgical intervention.
            ``(2) Related to receiving health care.--The term `related 
        to receiving health care', with respect to an infection, means 
        that the infection was not incubating or present at the time 
        the health care involved was provided.
    ``(g) Application to Critical Access Hospitals.--For purposes of 
this section, the term `hospital' includes a critical access hospital, 
as defined in section 1861(mm)(1) of the Social Security Act.''.
    (b) Effective Date.--With respect to section 249 of the Public 
Health Service Act (as added by subsection (a) of this section), the 
requirement under such section that hospitals and ambulatory surgical 
centers submit reports takes effect upon the expiration of the one-year 
period beginning on the date of the enactment of this Act.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of the Congress that health care providers and 
facilities should take measures to reduce the rate of occurrence of 
health care-associated infections to zero, with respect to patients to 
whom such providers and facilities furnish services.