I 

112TH CONGRESS 

1ST SESSION H. R. 222 

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 7, 2011 

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 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 

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 2011’’. 

4 SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT 

5 ON IMPLEMENTATION OF SECURITY PROCE6 DURES REGARDING INFANT PATIENT PRO7 TECTION AND BABY SWITCHING. 

8 (a) AGREEMENTS WITH HOSPITALS.—Section 

9 1866(a)(1) of the Social Security Act (42 U.S.C. 

10 1395cc(a)(1)) is amended— 

11 (1) in subparagraph (V), by striking ‘‘and’’ at 

12 the end; 

13 (2) in the subparagraph (W) added by section 

14 3005(1)(C) of Public Law 111–148, by moving its 

15 margin 2 ems to the left and by striking the period 

16 at the end and inserting a comma; 

17 (3) in the subparagraph (W) added by section 

18 6406(b)(3) of such Act, by redesignating such sub19 paragraph as subparagraph (X), by moving its mar20 gin 2 ems to the left, and by striking the period at 

21 the end and inserting ‘‘, and’’; and 

22 (4) by inserting after subparagraph (X), as so 

23 redesignated, the following new subparagraph: 

24 ‘‘(Y) in the case of hospitals and critical access 

25 hospitals that provide neonatal or infant care, to 

26 have in effect security procedures that meet standVerDate Mar 15 2010 06:55 Jan 12, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H222.IH H222

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1 ards established by the Secretary (in consultation 

2 with appropriate organizations) to reduce the likeli3 hood of infant patient abduction and baby switching, 

4 including standards for identifying all infant pa5 tients in the hospital in a manner that ensures that 

6 it will be evident if infants are missing from the hos7 pital.’’. 

8 (b) REGULATIONS.— 

9 (1) IN GENERAL.—In promulgating regulations 

10 under subparagraph (Y) of section 1866(a)(1) of the 

11 Social Security Act (42 U.S.C. 1395cc(a)(1)), as 

12 added by subsection (a), the Secretary of Health and 

13 Human Services shall— 

14 (A) consult with various organizations rep15 resenting consumers, appropriate State and 

16 local regulatory agencies, hospitals, and critical 

17 access hospitals; 

18 (B) take into account variations in size 

19 and location of hospitals and critical access hos20 pitals, and the percentage of overall services 

21 furnished by such hospitals and critical access 

22 hospitals that neonatal care and infant care 

23 represent; and 

24 (C) promulgate specific regulations that 

25 address each size and type of hospital covered. 


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1 (2) DEADLINE FOR PUBLICATION.—Not later 

2 than 12 months after the date of the enactment of 

3 this Act, the Secretary shall publish the regulations 

4 required under paragraph (1). In order to carry out 

5 this requirement in a timely manner, the Secretary 

6 may promulgate regulations that take effect on an 

7 interim basis, after notice and pending opportunity 

8 for public comment. 

9 (c) PENALTIES.— 

10 (1) AMOUNT OF PENALTY.—A hospital that 

11 participates in the Medicare program under title 

12 XVIII of the Social Security Act under an agree13 ment pursuant to section 1866 of such Act (42 

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

15 paragraph (2) is subject to a civil money penalty of 

16 not more than $50,000 (or not more than $25,000 

17 in the case of a hospital with fewer than 100 beds) 

18 for each such violation. 

19 (2) VIOLATION DESCRIBED.—A hospital de20 scribed in paragraph (1) commits a violation for 

21 purposes of this subsection if the hospital fails to 

22 have in effect security procedures that meet stand23 ards established by the Secretary of Health and 

24 Human Services under section 1866(a)(1)(Y) of 

25 such Act, as added by subsection (a), to reduce the 


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1 likelihood of infant patient abduction and baby 

2 switching, including standards for identifying all in3 fant patients in the hospital in a manner that en4 sures that it will be evident if infants are missing 

5 from the hospital. 

6 (3) ADMINISTRATIVE PROVISIONS.—The provi7 sions of section 1128A of such Act (42 U.S.C. 

8 1320a–7a), other than subsections (a) and (b), shall 

9 apply to a civil money penalty under this subsection 

10 in the same manner as such provisions apply with 

11 respect to a penalty or proceeding under section 

12 1128A(a) of such Act. 

13 (d) EFFECTIVE DATE.—This section, and the amend14 ments made by this section, shall take effect on the date 

15 that is 18 months after the date of the enactment of this 

16 Act, and shall apply to contracts entered into or renewed 

17 under section 1866 of the Social Security Act (42 U.S.C. 

18 1395cc) on or after such date. 

19 SEC. 3. BABY SWITCHING PROHIBITED. 

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

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘SEC. 1205. BABY SWITCHING. 

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

25 alters or destroys an identification record of a newborn 


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1 patient with the intention that the newborn patient be 

2 misidentified by any person shall be fined not more than 

3 $250,000 in the case of an individual and not more than 

4 $500,000 in the case of an organization, or imprisoned 

5 not more than ten years, or both. 

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

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

8 in the identification of newborn patients of the hospital, 

9 including any of the following: 

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

11 of the newborn patient. 

12 ‘‘(2) A written description of the infant. 

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

14 the newborn patient, or the mother of the newborn 

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

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

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

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

19 item: 

‘‘1205. Baby switching.’’. 

Æ 


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