I 

113TH CONGRESS 

1ST SESSION H. R. 3128 

To amend title XVIII of the Social Security Act to provide additional penalties 

applicable to psychiatric hospitals and units that fail to comply with 

Medicare discharge planning process requirements. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2013 

Ms. MATSUI introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to provide 

additional penalties applicable to psychiatric hospitals 

and units that fail to comply with Medicare discharge 

planning process requirements. 

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 ‘‘Protect Patients Act’’. 


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1 SEC. 2. ADDITIONAL PENALTIES FOR PSYCHIATRIC HOS2 PITAL OR UNIT FAILURE TO COMPLY WITH 

3 MEDICARE DISCHARGE PLANNING PROCESS 

4 REQUIREMENTS. 

5 Section 1861(ee) of the Social Security Act (42 

6 U.S.C. 1395x(ee)) is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(4)(A) Beginning 1 year after the date of the enact9 ment of this paragraph, a psychiatric hospital or a psy10 chiatric unit (as described in the matter following clause 

11 (v) of section 1886(d)(1)(B)) that is determined by the 

12 Secretary not to have in place a discharge planning proc13 ess that meets the requirements of this subsection is sub14 ject to a civil money penalty of not more than $10,000. 

15 A civil money penalty under this subparagraph shall be 

16 imposed and collected in the same manner as civil money 

17 penalties under subsection (a) of section 1128A are im18 posed and collected under that section. 

19 ‘‘(B) Beginning 1 year after the date of the enact20 ment of this paragraph, the Secretary may require a psy21 chiatric hospital or such a psychiatric unit that the Sec22 retary has determined on multiple occasions does not have 

23 in place a discharge planning process that meets the re24 quirements of this subsection to enter into an agreement 

25 with the Secretary, similar to a system improvement 

26 agreement applied pursuant to section 1866(b), to— 


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1 ‘‘(i) obtain from a third party that is selected 

2 by the Secretary an independent review of policies 

3 and procedures of the hospital or unit for purposes 

4 of providing recommendations for establishing a suf5 ficient discharge planning process under this sub6 section; 

7 ‘‘(ii) retain an independent compliance officer 

8 for a period specified in the agreement to monitor 

9 and assist the hospital or unit in establishing a suf10 ficient discharge planning process under this sub11 section; 

12 ‘‘(iii) submit periodic reports to the Secretary 

13 detailing improvements made to the policies and pro14 cedures of the hospital or unit to have in place a 

15 sufficient discharge planning process under this sub16 section; and 

17 ‘‘(iv) undertake such other actions as the Sec18 retary determines necessary in order to ensure that 

19 the hospital or unit will continue to have a sufficient 

20 discharge planning process under this subsection on 

21 an ongoing basis. 

22 ‘‘(C) In the case that a psychiatric hospital or such 

23 a psychiatric unit has entered into an agreement under 

24 subparagraph (B) and does not have in place a sufficient 

25 discharge planning process by the date that is 45 days 


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1 after entering into such agreement, the Secretary may, in 

2 consultation with the State, appoint temporary manage3 ment to oversee the operation of the hospital or unit, as4 sure the health and safety of the hospital or unit’s inpa5 tients, and ensure compliance with requirements of such 

6 discharge planning process by the hospital or unit. The 

7 temporary management under this subparagraph shall be 

8 terminated when the Secretary has determined that the 

9 hospital or unit has the management capability to ensure 

10 continued compliance with all such requirements.’’. 

Æ 


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