I 
116TH CONGRESS 
2D SESSION 
H. R. 7514 
To amend title XVIII of the Social Security Act to require, as a condition 
of participation under the Medicare program, each hospital to adopt 
and implement evidence-based sepsis protocols, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 9, 2020 
Mr. RODNEY DAVIS of Illinois introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee 
on Energy and Commerce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to require, 
as a condition of participation under the Medicare pro-
gram, each hospital to adopt and implement evidence- 
based sepsis protocols, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gabby’s Law Act’’. 
VerDate Sep 11 2014 
01:25 Jul 26, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7514.IH
H7514
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. REQUIREMENT AS CONDITION OF PARTICIPATION 
UNDER 
MEDICARE 
PROGRAM 
FOR 
HOS-
PITALS TO ADOPT AND IMPLEMENT EVI-
DENCE-BASED SEPSIS PROTOCOLS. 
(a) IN GENERAL.—Section 1866(a)(1) of the Social 
Security Act (42 U.S.C. 1395cc(a)(1)) is amended— 
(1) in subparagraph (W), by moving the margin 
of such subparagraph 2 ems to the left; 
(2) in subparagraph (X)— 
(A) by moving the margin of such subpara-
graph 2 ems to the left; and 
(B) by striking ‘‘and’’ at the end; 
(3) in subparagraph (Y)(ii)(V), by striking the 
period at the end and inserting ‘‘, and’’; and 
(4) by inserting after subparagraph (Y) the fol-
lowing new subparagraph: 
‘‘(Z) beginning on the date that is one year 
after the date of the enactment of this subpara-
graph, in the case of a hospital— 
‘‘(i) to adopt, implement, and periodi-
cally update evidence-based sepsis proto-
cols (as defined in section 1861(kkk)); and 
‘‘(ii) to ensure that professional staff 
of the hospital with direct patient care re-
sponsibilities and, as determined appro-
priate by the hospital, staff of the hospital 
VerDate Sep 11 2014 
00:07 Jul 29, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7514.IH
H7514
pbinns on DSKJLVW7X2PROD with BILLS
with indirect patient care responsibilities 
(including laboratory and pharmacy staff) 
periodically receive training (which shall be 
updated in accordance with any substantial 
update made under clause (i) to the evi-
dence-based sepsis protocols of the hos-
pital) to implement such evidence-based 
sepsis protocols.’’. 
(b) EVIDENCE-BASED
SEPSIS
PROTOCOLS
DE-
FINED.—Section 1861 of the Social Security Act (42 
U.S.C. 1395x) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(kkk) EVIDENCE-BASED SEPSIS PROTOCOLS.—The 
term ‘evidence-based sepsis protocols’ means, with respect 
to a hospital, protocols based on generally accepted stand-
ards of care for the early recognition and treatment of 
individuals with sepsis, severe sepsis, or septic shock and 
that include each of the following: 
‘‘(1) A process for identifying (including 
through screenings) and providing treatment for 
adults with sepsis, severe sepsis, or septic shock, 
taking into account whether such treatment is being 
provided as an inpatient hospital service or in the 
emergency department of the hospital. 
VerDate Sep 11 2014 
01:25 Jul 26, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7514.IH
H7514
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(2) A process for identifying (including 
through screenings) and providing treatment for 
children with sepsis, severe sepsis, or septic shock, 
taking into account whether such treatment is being 
provided as an inpatient hospital service or in the 
emergency department of the hospital. 
‘‘(3) A process and explicit criteria for exclud-
ing certain individuals, such as an individual with an 
exclusionary clinical condition (as specified by the 
hospital) or an individual who has elected palliative 
care, from the process described in paragraph (1) or 
(2). 
‘‘(4) Guidelines for hemodynamic support with 
explicit physiologic and treatment goals, a method-
ology for invasive and non-invasive hemodynamic 
monitoring, and timeframe goals. 
‘‘(5) With respect to children (including in-
fants), guidelines for fluid resuscitation consistent 
with any evidence-based guidelines for severe sepsis 
and septic shock that have defined therapeutic goals 
for children. 
‘‘(6) A process for identifying the infectious 
source of the sepsis, severe sepsis, or septic shock 
and delivering early broad spectrum antibiotics with 
VerDate Sep 11 2014 
01:25 Jul 26, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7514.IH
H7514
pbinns on DSKJLVW7X2PROD with BILLS
timely reevaluation to adjust treatment in a manner 
that targets any identified infectious source. 
‘‘(7) Criteria for use, based on accepted evi-
dence of vasoactive agents.’’. 
Æ 
VerDate Sep 11 2014 
01:25 Jul 26, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H7514.IH
H7514
pbinns on DSKJLVW7X2PROD with BILLS