I 

117TH CONGRESS 

1ST SESSION H. R. 142 

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 4, 2021 

Ms. JACKSON LEE 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 2021’’. 

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 subparagraphs (W) and (X), by moving 

12 the margin of each subparagraph 2 ems to the left; 

13 (2) in subparagraph (X), by striking ‘‘and’’ at 

14 the end; 

15 (3) in subparagraph (Y), by striking the period 

16 at the end and inserting ‘‘, and’’; and 

17 (4) by inserting after subparagraph (Y) the fol18 lowing new subparagraph: 

19 ‘‘(Z) in the case of hospitals and critical access 

20 hospitals that provide neonatal or infant care, to 

21 have in effect security procedures that meet stand22 ards established by the Secretary (in consultation 

23 with appropriate organizations) to reduce the likeli24 hood of infant patient abduction and baby switching, 

25 including standards for identifying all infant pa26 tients in the hospital in a manner that ensures that 


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1 it will be evident if infants are missing from the hos2 pital.’’. 

3 (b) REGULATIONS.— 

4 (1) IN GENERAL.—In promulgating regulations 

5 under subparagraph (Z) of section 1866(a)(1) of the 

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

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

8 Human Services shall— 

9 (A) consult with various organizations rep10 resenting consumers, appropriate State and 

11 local regulatory agencies, hospitals, and critical 

12 access hospitals; 

13 (B) take into account variations in size 

14 and location of hospitals and critical access hos15 pitals, and the percentage of overall services 

16 furnished by such hospitals and critical access 

17 hospitals that neonatal care and infant care 

18 represent; and 

19 (C) promulgate specific regulations that 

20 address each size and type of hospital covered. 

21 (2) DEADLINE FOR PUBLICATION.—Not later 

22 than 12 months after the date of the enactment of 

23 this Act, the Secretary shall publish the regulations 

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

25 this requirement in a timely manner, the Secretary 


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1 may promulgate regulations that take effect on an 

2 interim basis, after notice and pending opportunity 

3 for public comment. 

4 (c) PENALTIES.— 

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

6 participates in the Medicare program under title 

7 XVIII of the Social Security Act under an agree8 ment pursuant to section 1866 of such Act (42 

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

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

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

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

13 for each such violation. 

14 (2) VIOLATION DESCRIBED.—A hospital de15 scribed in paragraph (1) commits a violation for 

16 purposes of this subsection if the hospital fails to 

17 have in effect security procedures that meet stand18 ards established by the Secretary of Health and 

19 Human Services under section 1866(a)(1)(Z) of 

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

21 likelihood of infant patient abduction and baby 

22 switching, including standards for identifying all in23 fant patients in the hospital in a manner that en24 sures that it will be evident if infants are missing 

25 from the hospital. 


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1 (3) ADMINISTRATIVE PROVISIONS.—The provi2 sions of section 1128A of such Act (42 U.S.C. 

3 1320a–7a), other than subsections (a) and (b), shall 

4 apply to a civil money penalty under this subsection 

5 in the same manner as such provisions apply with 

6 respect to a penalty or proceeding under section 

7 1128A(a) of such Act. 

8 (d) EFFECTIVE DATE.—This section, and the amend9 ments made by this section, shall take effect on the date 

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

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

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

13 1395cc) on or after such date. 

14 SEC. 3. BABY SWITCHING PROHIBITED. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 1205. BABY SWITCHING. 

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

20 alters or destroys an identification record of a newborn 

21 patient with the intention that the newborn patient be 

22 misidentified by any person shall be fined not more than 

23 $250,000 in the case of an individual and not more than 

24 $500,000 in the case of an organization, or imprisoned 

25 not more than ten years, or both. 


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

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

3 in the identification of newborn patients of the hospital, 

4 including any of the following: 

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

6 of the newborn patient. 

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

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

9 the newborn patient, or the mother of the newborn 

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

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

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

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

14 item: 

‘‘1205. Baby switching.’’. 

Æ 


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