1. Short title This Act may be cited as the Infant Protection and Baby Switching Prevention Act of 2023 . 2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection 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 subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking and at the end; (3) in subparagraph (Y), by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (Y) the following new subparagraph: (Z) 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. . (b) Regulations (1) In general 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— (A) consult with various organizations representing 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 hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent