Infant Protection and Baby Switching Prevention Act of 2021

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. Short title This Act may be cited as the Infant Protection and Baby Switching Prevention Act of 2021 2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching (a) Agreements With Hospitals Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) (1) in subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking and (3) in subparagraph (Y), by striking the period at the end and inserting , and (4) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards 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. . (b) Regulations (1) In general In promulgating regulations under subparagraph (Z) of section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties (1) Amount of penalty A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act ( 42 U.S.C. 1395cc (2) Violation described A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Z) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards 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. (3) Administrative provisions The provisions of section 1128A of such Act ( 42 U.S.C. 1320a–7a (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act ( 42 U.S.C. 1395cc 3. Baby switching prohibited (a) In general Chapter 55 1205. Baby switching (a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital. . (b) Clerical Amendment The table of sections at the beginning of chapter 55 1205. Baby switching. .

Summary: Infant Protection and Baby Switching Prevention Act of 2021 This bill establishes additional requirements that certain hospitals must meet in order to participate in Medicare. Specifically, as a condition of Medicare participation, hospitals and critical access hospitals that provide neonatal or infant care must have appropriate security procedures to reduce the likelihood of infant patient abduction and baby switching. Noncompliant hospitals are subject to specified civil penalties. The bill also establishes criminal penalties for knowingly altering or destroying a newborn's hospital patient records for the purpose of causing the newborn to be misidentified.