[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2032 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2032

    To protect the interests of each resident of intermediate care 
   facilities for the mentally retarded in class action lawsuits by 
federally funded entities involving such residents and in Department of 
   Justice actions that could result in an agreement to move such a 
                resident from that resident's facility.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2011

 Mr. Frank of Massachusetts (for himself, Mr. Goodlatte, Ms. Wasserman 
 Schultz, Mr. Culberson, Mr. Payne, Mr. Moran, Mr. Rush, Mrs. McMorris 
 Rodgers, Mr. Manzullo, and Mr. Filner) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To protect the interests of each resident of intermediate care 
   facilities for the mentally retarded in class action lawsuits by 
federally funded entities involving such residents and in Department of 
   Justice actions that could result in an agreement to move such a 
                resident from that resident's facility.

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

SECTION 1. PURPOSES; DEFINITIONS.

    (a) Purposes.--This Act is enacted to further carry out the 
Congressional intent of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 and the Americans with Disabilities Act and 
the Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999) to 
permit individuals with disabilities and their legal representatives to 
choose where to live from a full continuum of options--
            (1) by prohibiting class action lawsuits by federally 
        funded entities unless the residents of ICFs/MR are given 
        notice of the proposed action and an opportunity to opt out; 
        and
            (2) by permitting such residents and their legal 
        representatives to intervene in such lawsuits.
    (b) Definitions.--In this Act, the terms ``ICF/MR'' and ``ICFs/MR'' 
refer, respectively, to an intermediate care facility for the mentally 
retarded and intermediate care facilities for the mentally retarded.

SEC. 2. PROTECTING THE INTERESTS OF EACH RESIDENT OF AN ICF/MR IN CLASS 
              ACTION LAWSUITS INVOLVING SUCH RESIDENT.

    (a) In General.--Notwithstanding any other provision of law, no 
entity that receives funds from the Federal Government may use such 
funds to file a class action lawsuit involving the residents of an ICF/
MR unless the resident (or, if there is a legal representative of the 
resident, such legal representative), after receiving notice of the 
proposed class action lawsuit, has the opportunity to elect not to have 
the action apply to the resident.
    (b) Notices; Resident Right of Withdrawal From Lawsuit.--
            (1) Plaintiff notice of proposed lawsuit to facility.--If 
        an entity uses funds from the Federal Government to file a 
        class action lawsuit involving the residents of an ICF/MR, the 
        entity shall provide notice of the proposed lawsuit to the 
        facility at least 90 days before the date of filing of the 
        lawsuit.
            (2) Facility notice of proposed lawsuit to residents.--Not 
        later than 30 days after the date the facility receives such 
        notice, the facility shall provide notice of the proposed class 
        action lawsuit to each resident of such facility on behalf of 
        which the lawsuit is proposed to be filed and, if there is a 
        legal representative of such a resident, to such 
        representative.
            (3) Resident right to withdraw from lawsuit.--A resident 
        (or, if there is a legal representative of such a resident, the 
        legal representative) may elect not to be part of such a 
        proposed lawsuit by filing a notice of such decision with the 
        facility within 60 days of the date the facility notifies the 
        resident or legal representative of the proposed class action 
        lawsuit.
    (c) Legal Representative Defined.--In this section of the Act, the 
term ``legal representative'' means, with respect to a resident of ICF/
MR, an individual who has been appointed under State law to be a legal 
guardian, conservator, or other representative for the resident and who 
is authorized under law to make decisions on behalf of the resident 
with respect to care and treatment of the resident in the facility.
    (d) Effective Date.--This section shall apply to lawsuits filed 
after the date of the enactment of this Act.

SEC. 3. PROTECTING THE INTERESTS OF EACH RESIDENT OF AN ICF/MR IN 
              ACTIONS CONDUCTED BY THE DEPARTMENT OF JUSTICE THAT 
              AFFECT THEIR CHOICE OF RESIDENCY.

    (a) Resident Involvement in Department Actions Involving Residents 
of ICFs/MR.--In any action taken by the Department of Justice, 
including investigations and other actions under the Americans with 
Disabilities Act, the Civil Rights for Institutionalized Persons Act, 
and any other Act, that involves the residents of an ICF/MR, the 
Department shall consult with the residents (or, if a resident has a 
legal representative, the resident's legal representative) among all 
other interested parties before taking action.
    (b) Resident Right of Intervention in Department Actions Involving 
Residents of ICFs/MR.--In any action under subsection (a), a resident 
(or, if a resident has a legal representative, the resident's legal 
representative) shall have the right to intervene in the proceeding.
    (c) Effective Date.--This section shall apply to all actions taken 
by the Department of Justice after the date of the enactment of this 
Act.

SEC. 4. PRESERVATION OF STATES' RIGHTS.

    Nothing in this Act shall be construed to require a State (as 
defined for the purposes of title XIX of the Social Security Act) to 
include ICFs/MR services as an option under its Medicaid plan under 
such title.
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