SEC. 
2. 
REQUIREMENT 
FOR 
PUBLIC 
REPORTING 
OF 
HEALTH 
CARE-ASSOCIATED 
INFECTIONS 
DATA BY HOSPITALS AND AMBULATORY SUR-
GICAL CENTERS. 
(a) IN GENERAL.—Part B of title II of the Public 
Health Service Act (42 U.S.C. 238 et seq.) is amended 
by adding at the end the following section: 
‘‘SEC. 249. REQUIREMENT FOR PUBLIC REPORTING OF 
HEALTH 
CARE-ASSOCIATED 
INFECTIONS 
DATA BY HOSPITALS AND AMBULATORY SUR-
GICAL CENTERS. 
‘‘(a) REPORTING
REQUIREMENT.—In accordance 
with Centers for Disease Control and Prevention reporting 
protocols of the National Healthcare Safety Network, a 
hospital or ambulatory surgical center shall report to the 
Centers for Disease Control and Prevention’s National 
Healthcare Safety Network the data on each health care- 
associated infection occurring in the hospital or center and 
patient demographic information that may affect such 
data. 
‘‘(b) PUBLIC POSTING
OF DATA.—The Secretary 
shall promptly post, on the official public Internet site of 
the Department of Health and Human Services, the data 
reported under subsection (a). Such data shall be set forth 
in a manner that promotes the comparison of data on each 
health-care associated infection— 
VerDate Nov 24 2008 
00:07 Jul 02, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3104.IH
H3104
jbell on PROD1PC69 with BILLS
‘‘(1) among hospitals and ambulatory surgical 
centers; and 
‘‘(2) by patient demographic information. 
‘‘(c) ANNUAL REPORT
TO CONGRESS.—For each 
year for which data is reported under subsection (a) for 
any calendar quarter in the year, the Secretary shall sub-
mit to the Congress a report that summarizes each of the 
following: 
‘‘(1) The number and types of each health care- 
associated infection reported under subsection (a) in 
hospitals and ambulatory surgical centers during 
such year. 
‘‘(2) Factors that contribute to the occurrence 
of each such infections. 
‘‘(3) Based on the most recent information 
available to the Secretary on the composition of the 
professional staff of hospitals and ambulatory sur-
gical centers, the number of certified infection con-
trol professionals on the staff of hospitals and ambu-
latory surgical centers. 
‘‘(4) The total increases or decreases in health 
care costs that resulted from increases or decreases 
in the rates of occurrence of each such infection dur-
ing such year. 
VerDate Nov 24 2008 
00:07 Jul 02, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3104.IH
H3104
jbell on PROD1PC69 with BILLS
‘‘(5) Recommendations for best practices to 
eliminate the rates of occurrence of each such infec-
tion in hospitals and ambulatory surgical centers. 
‘‘(d) CIVIL MONEY PENALTY.—The Secretary may 
impose a civil money penalty of not more than $5,000 for 
each knowing violation of subsection (a) by a hospital or 
ambulatory surgical center. A civil money penalty under 
this subsection shall be imposed and collected in the same 
manner as a civil money penalty under subsection (a) of 
section 1128A of the Social Security Act is imposed and 
collected under that section. 
‘‘(e) NON-PREEMPTION OF STATE LAWS.—Nothing 
in this section shall be construed as preempting or other-
wise affecting any provision of State law relating to the 
disclosure of information on health care-associated infec-
tions or patient safety procedures for a hospital or ambu-
latory surgical center. 
‘‘(f) HEALTH CARE-ASSOCIATED INFECTION.—For 
purposes of this section: 
‘‘(1) IN GENERAL.—The term ‘health care-asso-
ciated infection’ means an infection that develops in 
a patient who is cared for in any setting where 
health care is delivered (such as an acute care hos-
pital, chronic care facility, ambulatory clinic, dialysis 
center, surgical center, or home) and is related to re-
VerDate Nov 24 2008 
00:07 Jul 02, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3104.IH
H3104
jbell on PROD1PC69 with BILLS
ceiving health care. In ambulatory and home set-
tings, such term applies to any infection that is as-
sociated with a medical or surgical intervention. 
‘‘(2) RELATED TO RECEIVING HEALTH CARE.— 
The term ‘related to receiving health care’, with re-
spect to an infection, means that the infection was 
not incubating or present at the time the health care 
involved was provided. 
‘‘(g) APPLICATION
TO
CRITICAL
ACCESS
HOS-
PITALS.—For purposes of this section, the term ‘hospital’ 
includes a critical access hospital, as defined in section 
1861(mm)(1) of the Social Security Act.’’. 
(b) EFFECTIVE DATE.—With respect to section 249 
of the Public Health Service Act (as added by subsection 
(a) of this section), the requirement under such section 
that hospitals and ambulatory surgical centers submit re-
ports takes effect upon the expiration of the one-year pe-
riod beginning on the date of the enactment of this Act. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of the Congress that health care pro-
viders and facilities should take measures to reduce the 
rate of occurrence of health care-associated infections to 
zero, with respect to patients to whom such providers and 
facilities furnish services. 
Æ 
VerDate Nov 24 2008 
00:07 Jul 02, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H3104.IH
H3104
jbell on PROD1PC69 with BILLS