(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 agree-
ment pursuant to section 1866 of such Act (42 
U.S.C. 1395cc) that commits a violation described in 
paragraph (2) is subject to a civil money penalty of 
not more than $50,000 (or not more than $25,000 
in the case of a hospital with fewer than 100 beds) 
for each such violation. 
(2) VIOLATION
DESCRIBED.—A hospital de-
scribed in paragraph (1) commits a violation for 
purposes of this subsection if the hospital fails to 
have in effect security procedures that meet stand-
ards established by the Secretary of Health and 
Human Services under section 1866(a)(1)(Y) of 
such Act, as added by subsection (a), to reduce the 
VerDate Mar 15 2010 
05:22 Jan 06, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H82.IH
H82
rfrederick on DSK6VPTVN1PROD with
likelihood of infant patient abduction and baby 
switching, including standards for identifying all in-
fant patients in the hospital in a manner that en-
sures that it will be evident if infants are missing 
from the hospital. 
(3) ADMINISTRATIVE PROVISIONS.—The provi-
sions of section 1128A of such Act (42 U.S.C. 
1320a–7a), other than subsections (a) and (b), shall 
apply to a civil money penalty under this subsection 
in the same manner as such provisions apply with 
respect to a penalty or proceeding under section 
1128A(a) of such Act. 
(d) EFFECTIVE DATE.—This section, and the amend-
ments 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) on or after such date. 
SEC. 3. BABY SWITCHING PROHIBITED. 
(a) IN GENERAL.—Chapter 55 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1205. BABY SWITCHING. 
‘‘(a) Whoever being in interstate commerce knowingly 
alters or destroys an identification record of a newborn 
VerDate Mar 15 2010 
05:22 Jan 06, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H82.IH
H82
rfrederick on DSK6VPTVN1PROD with
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’ means a record maintained by a hospital to aid 
in the identification of newborn patients of the hospital, 
including any of the following: 
‘‘(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 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1205. Baby switching.’’. 
Æ 
VerDate Mar 15 2010 
05:22 Jan 06, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H82.IH
H82
rfrederick on DSK6VPTVN1PROD with