Sec. 2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching
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Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— in subparagraphs
(W)and (X), by moving the margin of each subparagraph 2 ems to the left; in subparagraph (X), by striking and at the end; in subparagraph (Y), by striking the period at the end and inserting , and ; and by inserting after subparagraph
(Y)the following new subparagraph: 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. . In promulgating regulations under subparagraph
(Z)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— consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; 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 promulgate specific regulations that address each size and type of hospital covered. 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. 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 ) 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. 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. The provisions 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. 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 ) on or after such date.
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- 42 USC 1320a–7a
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Sec. 2
Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching
Cite42 USC 1320a–7a
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