[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 750 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 750

    To protect the rights of residents of certain federally funded 
                               hospitals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To protect the rights of residents of certain federally funded 
                               hospitals.

    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 ``Compassionate Care Act of 1999''.

SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by adding at the end the following:

 ``PART G--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN 
                               FACILITIES

``SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN 
              FACILITIES.

    ``(a) In General.--A public or private general hospital, nursing 
facility, intermediate care facility, residential treatment center, or 
other health care facility, that receives assistance in any form from 
any program supported in whole or in part with Federal funds shall 
protect and promote the rights of each resident of the facility, 
including the right to be free from physical or mental abuse, corporal 
punishment, involuntary seclusion, and any physical or chemical 
restraints imposed for purposes of discipline or convenience.
    ``(b) Requirements.--Physical or chemical restraints may only be 
imposed on a resident of a facility described in subsection (a) if--
            ``(1) the imposition of the restraints are to ensure the 
        physical safety of the resident or others; and
            ``(2) the restraints and seclusion are imposed only upon 
        the written order of a physician that specifies the duration 
        and circumstances under which the restraints are to be used 
        (except in emergency circumstances specified by the Secretary 
        until such an order could reasonably be obtained).
    ``(c) Definitions.--In this section:
            ``(1) Chemical restraint.--The term `chemical restraint' 
        means the use of a psychopharmacologic drug that is imposed for 
        purposes of discipline or convenience and is not required to 
        treat a medical symptom.
            ``(2) Physical restraint.--The term `physical restraint' 
        means any mechanical or personal restriction that immobilizes 
        or reduces the ability of an individual to move his or her 
        arms, legs, or head freely, that is imposed for purposes of 
        discipline or convenience, and that is not required to treat a 
        medical symptom. Such term does not include devices, such as 
        orthopedically prescribed devices, surgical dressings or 
        bandages, protective helmets, and other methods involving the 
        physical holding of a resident for the purpose of conducting 
        routine physical examinations or tests or to protect the 
        patient from falling out of bed or to permit a patient to 
        participate in activities without the risk of physical harm to 
        the patient.
            ``(3) Seclusion.--The term `seclusion' means any separation 
        of the resident from the general population of the facility 
        that prevents the resident from returning to such population 
        when he or she desires, that is imposed for purposes of 
        discipline or convenience, and that is not required to treat a 
        medical symptom.

``SEC. 582. REPORTING REQUIREMENT.

    ``(a) In General.--Each facility to which the Protection and 
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et 
seq.) applies shall notify the appropriate Protection and Advocacy 
system of each death that occurs at each such facility. A notification 
under this subsection shall include the name of the resident and a 
general description of the circumstances of his or her death, and shall 
be provided not later than 7 days after the date of the death of the 
individual involved.
    ``(b) Definitions.--In subsection (a):
            ``(1) Facility.--The term `facility' has the meaning given 
        the term `facilities' in section 102(3) of the Protection and 
        Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 
        10802(3)).
            ``(2) Protection and advocacy system.--The term `Protection 
        and Advocacy system' means a system established under part C of 
        title I of the Developmental Disabilities Assistance and Bill 
        of Rights Act (42 U.S.C. 6041 et seq.).''.

SEC. 3. INVESTIGATIONS OF CERTAIN DEATHS AND INJURIES.

    Section 105(a)(1) of the Protection and Advocacy for Mentally Ill 
Individuals Act of 1986 (42 U.S.C. 10805(a)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the semicolon at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) investigate the death or serious injury (any 
                significant impairment of the physical condition of the 
                individual, including any burn, laceration, internal 
                injury, or any injury that occurs as a result of 
                repeated harm to any organ) of an individual with a 
                mental illness if the death or serious injury occurred 
                at a facility to which this Act applies;''.

SEC. 4. REGULATIONS AND ENFORCEMENT.

    (a) Training.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Health and Human Services, after 
consultation with appropriate State and local protection and advocacy 
organizations, shall promulgate regulations that require facilities to 
which the Protection and Advocacy for Mentally Ill Individuals Act of 
1986 (42 U.S.C. 10801 et seq.) applies, to meet the requirements of 
subsection (b).
    (b) Requirements.--The regulations promulgated under subsection (a) 
shall require that--
            (1) facilities described in subsection (a) ensure that 
        appropriate staff levels are maintained within such facilities;
            (2) appropriate training be provided for the staff of such 
        facilities in the use of restraints and any alternatives to the 
        use of restraints; and
            (3) such facilities provide complete and accurate 
        notification of deaths, as required under section 582(a) of the 
        Public Health Service Act (as added by section 2).
    (c) Enforcement.--A facility to which this Act (or an amendment 
made by this Act) applies, that fails to comply with any requirement of 
this Act (or such an amendment), including a failure to provide 
appropriate training, shall not be eligible for participation in any 
Federally funded program.
                                 <all>