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 within 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 program, each hospital to adopt and implement evidencebased sepsis protocols, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gabby’s Law Act’’. 


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1 SEC. 2. REQUIREMENT AS CONDITION OF PARTICIPATION 

2 UNDER MEDICARE PROGRAM FOR HOS3 PITALS TO ADOPT AND IMPLEMENT EVI4 DENCE-BASED SEPSIS PROTOCOLS. 

5 (a) IN GENERAL.—Section 1866(a)(1) of the Social 

6 Security Act (42 U.S.C. 1395cc(a)(1)) is amended— 

7 (1) in subparagraph (W), by moving the margin 

8 of such subparagraph 2 ems to the left; 

9 (2) in subparagraph (X)— 

10 (A) by moving the margin of such subpara11 graph 2 ems to the left; and 

12 (B) by striking ‘‘and’’ at the end; 

13 (3) in subparagraph (Y)(ii)(V), by striking the 

14 period at the end and inserting ‘‘, and’’; and 

15 (4) by inserting after subparagraph (Y) the fol16 lowing new subparagraph: 

17 ‘‘(Z) beginning on the date that is one year 

18 after the date of the enactment of this subpara19 graph, in the case of a hospital— 

20 ‘‘(i) to adopt, implement, and periodi21 cally update evidence-based sepsis proto22 cols (as defined in section 1861(kkk)); and 

23 ‘‘(ii) to ensure that professional staff 

24 of the hospital with direct patient care re25 sponsibilities and, as determined appro26 priate by the hospital, staff of the hospital 


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1 with indirect patient care responsibilities 

2 (including laboratory and pharmacy staff) 

3 periodically receive training (which shall be 

4 updated in accordance with any substantial 

5 update made under clause (i) to the evi6 dence-based sepsis protocols of the hos7 pital) to implement such evidence-based 

8 sepsis protocols.’’. 

9 (b) EVIDENCE-BASED SEPSIS PROTOCOLS DE10 FINED.—Section 1861 of the Social Security Act (42 

11 U.S.C. 1395x) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(kkk) EVIDENCE-BASED SEPSIS PROTOCOLS.—The 

14 term ‘evidence-based sepsis protocols’ means, with respect 

15 to a hospital, protocols based on generally accepted stand16 ards of care for the early recognition and treatment of 

17 individuals with sepsis, severe sepsis, or septic shock and 

18 that include each of the following: 

19 ‘‘(1) A process for identifying (including 

20 through screenings) and providing treatment for 

21 adults with sepsis, severe sepsis, or septic shock, 

22 taking into account whether such treatment is being 

23 provided as an inpatient hospital service or in the 

24 emergency department of the hospital. 


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1 ‘‘(2) A process for identifying (including 

2 through screenings) and providing treatment for 

3 children with sepsis, severe sepsis, or septic shock, 

4 taking into account whether such treatment is being 

5 provided as an inpatient hospital service or in the 

6 emergency department of the hospital. 

7 ‘‘(3) A process and explicit criteria for exclud8 ing certain individuals, such as an individual with an 

9 exclusionary clinical condition (as specified by the 

10 hospital) or an individual who has elected palliative 

11 care, from the process described in paragraph (1) or 

12 (2). 

13 ‘‘(4) Guidelines for hemodynamic support with 

14 explicit physiologic and treatment goals, a method15 ology for invasive and non-invasive hemodynamic 

16 monitoring, and timeframe goals. 

17 ‘‘(5) With respect to children (including in18 fants), guidelines for fluid resuscitation consistent 

19 with any evidence-based guidelines for severe sepsis 

20 and septic shock that have defined therapeutic goals 

21 for children. 

22 ‘‘(6) A process for identifying the infectious 

23 source of the sepsis, severe sepsis, or septic shock 

24 and delivering early broad spectrum antibiotics with 


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1 timely reevaluation to adjust treatment in a manner 

2 that targets any identified infectious source. 

3 ‘‘(7) Criteria for use, based on accepted evi4 dence of vasoactive agents.’’. 

Æ 


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