[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2423




 
To direct the Secretary of Health and Human Services to disseminate to 
the public information relating to fraud, abuse, and quality of care in 
                             nursing homes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1997

  Mr. Towns introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL





To direct the Secretary of Health and Human Services to disseminate to 
the public information relating to fraud, abuse, and quality of care in 
                             nursing homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Public Information Act 
of 1997''.

SEC. 2. DISSEMINATION OF INFORMATION.

    (a) The Secretary shall publicly disseminate, through whatever 
means the Secretary determines appropriate, information compiled in 
databases maintained by or available to the Secretary concerning final 
adverse actions against and quality of care in nursing facilities.
    (b) The Secretary shall determine the scope of the information 
disseminated under this section, but shall include--
            (1) the name (and history of name changes), address, phone 
        number, tax identification number, chairman of the board or 
        director, and licensing State or other governmental entity, of 
        each nursing facility involved in a final adverse action;
            (2) the basis and sanction or remedy of each final adverse 
        action;
            (3) information about quality of care in nursing 
        facilities, including information collected through the 
        standard surveys conducted pursuant to section 1919 of the 
        Social Security Act (42 U.S.C. 1396r); and
            (4) any information that would be helpful to consumers 
        purchasing care or services in nursing facilities.
    (c) In disseminating information under this section, the Secretary 
shall ensure that the privacy of individuals receiving, or who have 
received, care or services in nursing facilities is appropriately 
protected.
    (d) The Secretary shall determine the appropriate format and means 
to disseminate information under this section, but shall consider--
            (1) a toll-free telephone hotline;
            (2) a public website; and
            (3) a printed manual or pamphlet.
    (e) The Secretary shall update the information disseminated under 
this section not less than monthly.

SEC. 3. DEFINITIONS.

    For purposes of this section--
            (1) the term ``Secretary'' means the Secretary of Health 
        and Human Services;
            (2) the term ``nursing facility'' has the same meaning 
        provided such term in section 1919 of the Social Security Act 
        (42 U.S.C. 1396r);
            (3) the term ``final adverse action'' includes--
                    (A) civil judgments against a nursing facility in 
                Federal or State court related to fraud, abuse, or 
                improper billing;
                    (B) Federal or State criminal convictions related 
                to fraud, abuse, or improper billing;
                    (C) actions by Federal or State agencies 
                responsible for the licensing or certification of 
                nursing facilities, including--
                            (i) formal or official actions, such as 
                        revocation or suspension of a license (and the 
                        length of any such suspension), reprimand, 
                        censure, or probation; or
                            (ii) any other loss of license or the right 
                        to apply for, or renew, a license of the 
                        nursing facility, whether by operation of law, 
                        voluntary surrender, non-renewability, or 
                        otherwise;
                    (D) exclusion from participation in Federal or 
                State health care programs (as defined in sections 
                1128B(f) and 1128(h) of the Social Security Act (42 
                U.S.C. 1320a-7b(f); 1320a-7(h)); and
                    (E) any other adjudicated actions or decisions that 
                the Secretary shall establish by regulation.
            (4) the term ``tax identification number'' has the meaning 
        provided such term in section 7701(a)(41) of the Internal 
        Revenue Code of 1986 (42 U.S.C. 7701(a)(41)).

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect not more than 2 years after the date of 
its enactment.
                                 <all>