I 

111TH CONGRESS 

1ST SESSION H. R. 63 

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, 2009 

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 2009’’. 

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 (U), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (V), by striking the period 

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

15 (3) by inserting after subparagraph (V) the fol16 lowing new subparagraph: 

17 ‘‘(W) in the case of hospitals and critical access 

18 hospitals that provide neonatal or infant care, to 

19 have in effect security procedures that meet stand20 ards established by the Secretary (in consultation 

21 with appropriate organizations) to reduce the likeli22 hood of infant patient abduction and baby switching, 

23 including standards for identifying all infant pa24 tients in the hospital in a manner that ensures that 

25 it will be evident if infants are missing from the hos26 pital.’’. 


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1 (b) REGULATIONS.— 

2 (1) IN GENERAL.—In promulgating regulations 

3 under subparagraph (W) of section 1866(a)(1) of 

4 such Act (42 U.S.C. 1395cc(a)(1)), as added by sub5 section (a), the Secretary of Health and Human 

6 Services shall— 

7 (A) consult with various organizations rep8 resenting consumers, appropriate State and 

9 local regulatory agencies, hospitals, and critical 

10 access hospitals; 

11 (B) take into account variations in size 

12 and location of hospitals and critical access hos13 pitals, and the percentage of overall services 

14 furnished by such hospitals and critical access 

15 hospitals that neonatal care and infant care 

16 represent; and 

17 (C) promulgate specific regulations that 

18 address each size and type of hospital covered. 

19 (2) DEADLINE FOR PUBLICATION.—Not later 

20 than 12 months after the date of the enactment of 

21 this Act, the Secretary shall publish the regulations 

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

23 this requirement in a timely manner, the Secretary 

24 may promulgate regulations that take effect on an 


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1 interim basis, after notice and pending opportunity 

2 for public comment. 

3 (c) PENALTIES.— 

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

5 participates in the Medicare program under title 

6 XVIII of the Social Security Act under an agree7 ment pursuant to section 1866 of such Act (42 

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

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

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

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

12 less than 100 beds) for each such violation. 

13 (2) VIOLATION DESCRIBED.—A hospital de14 scribed in paragraph (1) commits a violation for 

15 purposes of this subsection if the hospital fails to 

16 have in effect security procedures that meet stand17 ards established by the Secretary under section 

18 1866(a)(1)(W) of such Act, as added by subsection 

19 (a), to reduce the likelihood of infant patient abduc20 tion and baby switching, including standards for 

21 identifying all infant patients in the hospital in a 

22 manner that ensures that it will be evident if infants 

23 are missing from the hospital. 

24 (3) ADMINISTRATIVE PROVISIONS.—The provi25 sions of section 1128A of such Act (42 U.S.C. 


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1 1320a–7a), other than subsections (a) and (b), shall 

2 apply to a civil money penalty under this subsection 

3 in the same manner as such provisions apply with 

4 respect to a penalty or proceeding under section 

5 1128A(a). 

6 (d) EFFECTIVE DATE.—This section, and the amend7 ments made by this section, shall take effect on the date 

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

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

10 under section 1866 of such Act (42 U.S.C. 1395cc) on 

11 or after such date. 

12 SEC. 3. BABY SWITCHING PROHIBITED. 

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

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 1205. Baby switching 

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

18 alters or destroys an identification record of a newborn 

19 patient with the intention that the newborn patient be 

20 misidentified by any person shall be fined not more than 

21 $250,000 in the case of an individual and not more than 

22 $500,000 in the case of an organization, or imprisoned 

23 not more than ten years, or both. 

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

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


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1 in the identification of newborn patients of the hospital, 

2 including any of the following: 

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

4 of the newborn patient. 

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

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

7 the newborn patient, or the mother of the newborn 

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

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

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

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

12 item: 

‘‘1205. Baby switching.’’. 

Æ 


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