HR4340-119

1. Short title This Act may be cited as Tyler’s Law.

2. Requirement to report certain incidents A hospital shall submit to the Consumer Product Safety Commission written notice of any incident— involving the death or serious injury of a child; that results in such hospital providing a service of any kind; and with respect to which, in the determination of such hospital, the injury or death is associated with a children’s product or a durable infant or toddler product. A notice required under paragraph (1) shall include, to the extent available— a description of the incident involved, including— the date of the incident; the city and State in which the incident occurred; and the type of facility where the incident occurred; a description of the product involved, including the applicable product code; a description of the child involved, including— the age, gender, race, and ethnicity of the child; the affected body parts of the child; and any diagnoses the child was given; a description of the role the hospital served in the treatment of the child, including whether the child— was treated at the hospital and released; admitted to the hospital; held for observation at the hospital; or died before or during treatment at the hospital; a description of any role played by alcohol, controlled substances, or fire; and any related reports prepared by the hospital. A notice required to be submitted by a hospital under paragraph (1) shall be submitted not later than 7 days after the date on which such hospital makes the applicable determination under paragraph (1)(C). Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— in subparagraph (X), by striking and at the end; in subparagraph (Y)(ii)(V), by striking the period and inserting ; and; and by inserting after subparagraph (Y) the following new subparagraph: in the case of a hospital, to comply with the requirements of section 2(a) of Tyler’s Law. A medical examiner or coroner office shall submit to the Consumer Product Safety Commission written notice of any incident— involving the death of a child; that results in such office providing a service of any kind; and with respect to which, in the determination of such office, the death is associated with a children’s product or a durable infant or toddler product. A notice required under paragraph (1) shall include, to the extent available— a description of the incident involved, including— the date of the incident; the city and State in which the incident occurred; the type of facility where the incident occurred; any medical treatment provided in response to the incident, including any reports relating to such treatment; and the cause of death; a description of the product involved, including the applicable product code; a description of the child involved, including the age, gender, race, and ethnicity of the child; a description of any role played by alcohol, controlled substances, or fire; and any related reports prepared by the office involved. A notice required to be submitted by an office under paragraph (1) shall be submitted not later than 7 days after the date on which such office makes the applicable determination under paragraph (1)(C). A medical examiner or coroner office that fails to comply with this subsection during a fiscal year shall be ineligible for a Medical Examiner Coroner Office Accreditation grant under the Strengthening the Medical Examiner-Coroner System Program of the Department of Justice during the following fiscal year. In this section: The term child means an individual under the age of 18 years. The term children's product has the meaning given such term in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)). The term durable infant or toddler product has the meaning given such term in section 104(f) of the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2056a(f)). The term hospital has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). The term product code means, with respect to a product, the product code used for such product in the NEISS Coding Manual and the NEISS Product Code Comparability Table of the Consumer Product Safety Commission, as in effect on the date of the applicable incident. This section shall apply to incidents involving the death or serious injury of a child that occur on or after the date that is 180 days after the date of the enactment of this Act. (Z)in the case of a hospital, to comply with the requirements of section 2(a) of Tyler’s Law..