I 
113TH CONGRESS 
1ST SESSION 
H. R. 82 
To amend title XVIII of the Social Security Act to require hospitals reim-
bursed 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 3, 2013 
Ms. JACKSON LEE 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 provi-
sions 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 estab-
lish 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Infant Protection and 
Baby Switching Prevention Act of 2013’’. 
SEC. 2. MEDICARE PAYMENTS TO HOSPITALS CONTINGENT 
ON IMPLEMENTATION OF SECURITY PROCE-
DURES REGARDING INFANT PATIENT PRO-
TECTION AND BABY SWITCHING. 
(a) 
AGREEMENTS
WITH
HOSPITALS.—Section 
1866(a)(1) of the Social Security Act (42 U.S.C. 
1395cc(a)(1)) is amended— 
(1) in subparagraph (V), by striking ‘‘and’’ at 
the end; 
(2) in the subparagraph (W) added by section 
3005(1)(C) of Public Law 111–148, by moving its 
margin 2 ems to the left and by striking the period 
at the end and inserting a comma; 
(3) in the subparagraph (W) added by section 
6406(b)(3) of such Act, by redesignating such sub-
paragraph as subparagraph (X), by moving its mar-
gin 2 ems to the left, and by striking the period at 
the end and inserting ‘‘, and’’; and 
(4) by inserting after subparagraph (X), as so 
redesignated, the following new subparagraph: 
‘‘(Y) in the case of hospitals and critical access 
hospitals that provide neonatal or infant care, to 
have in effect security procedures that meet stand-
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ards established by the Secretary (in consultation 
with appropriate organizations) to reduce the likeli-
hood of infant patient abduction and baby switching, 
including standards for identifying all infant pa-
tients in the hospital in a manner that ensures that 
it will be evident if infants are missing from the hos-
pital.’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—In promulgating regulations 
under subparagraph (Y) of section 1866(a)(1) of the 
Social Security Act (42 U.S.C. 1395cc(a)(1)), as 
added by subsection (a), the Secretary of Health and 
Human Services shall— 
(A) consult with various organizations rep-
resenting 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 hos-
pitals, 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. 
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