[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 363 Introduced in House (IH)]







109th CONGRESS
  2d Session
H. CON. RES. 363

Expressing the sense of Congress that the Secretary of Health and Human 
  Services should promulgate as expeditiously as possible regulations 
 required under the Public Health Service Act, relating to protections 
    for residents of certain facilities with respect to the use of 
                 restraints and involuntary seclusion.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

   Mr. Fossella (for himself and Ms. Eshoo) submitted the following 
 concurrent resolution; which was referred to the Committee on Energy 
                              and Commerce

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that the Secretary of Health and Human 
  Services should promulgate as expeditiously as possible regulations 
 required under the Public Health Service Act, relating to protections 
    for residents of certain facilities with respect to the use of 
                 restraints and involuntary seclusion.

Whereas in 2000, Congress passed the Children's Health Act of 2000 that amended 
        the Public Health Service Act to provide improved and more comprehensive 
        health services for children in the United States;
Whereas the Children's Health Act of 2000 added part H to title V of the Public 
        Health Service Act to provide protections for residents of health care 
        facilities, including children, with respect to the use of restraints 
        and involuntary seclusions;
Whereas section 593(a) of such part H requires the Secretary of Health and Human 
        Services, not later than October 17, 2001, to 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 requirements relating to the employment of an adequate number of 
        staff, appropriate training in the use of restraints, and the provision 
        of accurate notification of deaths of residents of such facilities while 
        such a resident is restrained or in involuntary seclusion;
Whereas the Centers for Medicare & Medicaid Services began to develop such 
        regulations, but more than four years have passed since the deadline for 
        the promulgation of such regulations and the Secretary has not yet 
        promulgated such regulations; and
Whereas during the four years since such deadline, several cases have been 
        reported of children in medical and non-medical facilities who were 
        severely injured or killed while (or shortly after) being restrained at 
        such facilities: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that the Secretary of Health and Human 
Services should promulgate as expeditiously as possible the regulations 
required under section 593(a) of the Public Health Service Act.
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