I

106TH CONGRESS

1ST SESSION H. R. 76

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

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 6, 1999

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred

to the Committee on Ways and Means, and in addition to the Committees

on the Judiciary, and Commerce, for a period to be subsequently determined by the Speaker, 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 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Infant Protection and

3 Baby Switching Prevention Act of 1999’’.

4 SEC. 2. MEDICARE AND MEDICAID PAYMENTS TO HOS5 PITALS CONTINGENT ON IMPLEMENTATION

6 OF SECURITY PROCEDURES REGARDING IN7 FANT PATIENT PROTECTION AND BABY

8 SWITCHING.

9 (a) AGREEMENTS WITH HOSPITALS.—Section

10 1866(a)(1) of the Social Security Act (42 U.S.C.

11 1395cc(a)(1)) is amended—

12 (1) in subparagraph (S), by striking the period

13 at the end and inserting ‘‘, and’’, and

14 (2) by inserting after subparagraph (S) the fol15 lowing new subparagraph:

16 ‘‘(T) in the case of hospitals and critical access

17 hospitals which provide neonatal or infant care, to

18 have in effect security procedures that meet stand19 ards established by the Secretary (in consultation

20 with appropriate organizations) to reduce the likeli21 hood of infant patient abduction and baby switching,

22 including standards for identifying all infant pa23 tients in the hospital in a manner that ensures that

24 it will be evident if infants are missing from the hos25 pital.’’.

26 (b) REGULATIONS.—
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1 (1) IN GENERAL.—In promulgating regulations

2 under subparagraph (T) of section 1866(a)(1) of

3 such Act (42 U.S.C. 1395cc(a)(1)), as added by sub4 section (a), the Secretary of Health and Human

5 Services shall—

6 (A) consult with various organizations rep7 resenting consumers, appropriate State and

8 local regulatory agencies, hospitals, and critical

9 access hospitals,

10 (B) take into account variations in size

11 and location of hospitals and critical access hos12 pitals, and the percentage of overall services

13 furnished by such hospitals and critical access

14 hospitals that neonatal care and infant care

15 represent, and

16 (C) promulgate specific regulations that

17 address each size and type of hospital covered.

18 (2) DEADLINE FOR PUBLICATION.—Not later

19 than 12 months after the date of the enactment of

20 this Act, the Secretary shall publish such regula21 tions. In order to carry out this requirement in a

22 timely manner, the Secretary may promulgate regu23 lations that take effect on an interim basis, after no24 tice and pending opportunity for public comment.

25 (c) PENALTIES.—
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1 (1) AMOUNT OF PENALTY.—A hospital that

2 participates in the Medicare program under title

3 XVIII of the Social Security Act under an agree4 ment pursuant to section 1866 of such Act (42

5 U.S.C. 1395cc) that commits a violation described in

6 paragraph (2) of this subsection is subject to a civil

7 money penalty of not more than $50,000 (or not

8 more than $25,000 in the case of a hospital with

9 less than 100 beds) for each such violation.

10 (2) VIOLATION DESCRIBED.—A hospital de11 scribed in paragraph (1) commits a violation for

12 purposes of this subsection if the hospital fails to

13 have in effect security procedures that meet stand14 ards established by the Secretary under section

15 1866(a)(1)(T) of such Act, as added by subsection

16 (a), to reduce the likelihood of infant patient abduc17 tion and baby switching, including standards for

18 identifying all infant patients in the hospital in a

19 manner that ensures that it will be evident if infants

20 are missing from the hospital.

21 (3) ADMINISTRATIVE PROVISIONS.—The provi22 sions of section 1128A of such Act (42 U.S.C.

23 1320a–7a), other than subsections (a) and (b), shall

24 apply to a civil money penalty under this subsection

25 in the same manner as such provisions apply with
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1 respect to a penalty or proceeding under section

2 1128A(a).

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect 18 months after the date of

5 the enactment of this Act and apply to the entry and re6 newal of contracts under section 1866 of such Act (42

7 U.S.C. 1395cc) on or after such date.

8 SEC. 2. BABY SWITCHING PROHIBITED.

9 (a) IN GENERAL.—Chapter 55 of title 18, United

10 States Code, is amended by adding at the end the follow11 ing:

12 ‘‘§ 1205. Baby switching

13 ‘‘(a) Whoever being in interstate commerce knowingly

14 alters or destroys an identification record of a newborn

15 patient with the intention that the newborn patient be

16 misidentified by any person shall be fined not more than

17 $250,000 in the case of an individual and not more than

18 $500,000 in the case of an organization, or imprisoned

19 not more than ten years, or both.

20 ‘‘(b) As used in this section, the term ‘identification

21 record’ means a record maintained by a hospital to aid

22 in the identification of newborn patients of the hospital,

23 including any of the following:

24 ‘‘(1) The footprint, fingerprint, or photograph

25 of the newborn patient.
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1 ‘‘(2) A written description of the infant.

2 ‘‘(3) An identification bracelet or anklet put on

3 the newborn patient, or the mother of the newborn

4 patient, by a staff member of the hospital.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of chapter 55 of title 18, United States

7 Code, is amended by adding at the end the following new

8 item:

‘‘1205. Baby switching.’’.

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