[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4593 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4593
To amend title XIX of the Social Security Act to require the Secretary
of Health and Human Services to make certain information available on a
public website relating to intermediate care facilities for individuals
with intellectual disabilities certified for participation under the
Medicaid program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2022
Mr. Kelly (for himself and Ms. Sinema) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to require the Secretary
of Health and Human Services to make certain information available on a
public website relating to intermediate care facilities for individuals
with intellectual disabilities certified for participation under the
Medicaid program, and for other purposes.
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 ``Preventing Abuse and Neglect of
Vulnerable Americans Act of 2022''.
SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO MAKE
CERTAIN INFORMATION AVAILABLE ON A PUBLIC WEBSITE
RELATING TO INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS
WITH INTELLECTUAL DISABILITIES CERTIFIED FOR
PARTICIPATION UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1910 of the Social Security Act (42 U.S.C.
1396i) is amended by adding at the end the following new subsection:
``(c) Not later than 2 years after the date of the enactment of
this subsection, the Secretary shall, in order to increase
transparency, include on the official internet website of the Federal
Government for Medicaid beneficiaries, with respect to each
intermediate care facility described in subsection (b) eligible to
participate in the program established under this title, the following
information in a manner that is posted in a prominent location, updated
on a timely basis, easily accessible, readily understandable to
consumers of services for individuals with intellectual disabilities,
and searchable:
``(1) Information regarding the performance of such
facility, including--
``(A) results from the 3 most recent surveys
conducted with respect to such facility under the State
survey and certification process, including any
standard or condition-level deficiencies identified
during such surveys and any administrative actions or
citations taken as a result of such surveys;
``(B) any finding, with respect to any such
deficiencies identified during such surveys, that such
a deficiency immediately jeopardized the health or
safety of residents of such facility;
``(C) the 3 most recent Form 2567 (or a successor
form) State inspection reports and a description of how
an individual may interpret such reports; and
``(D) any plan of correction or other response of
such facility to such reports.
``(2) The standardized complaint form developed under
section 1128I(f), including explanatory material on what
complaint forms are, how they are used, and how to file a
complaint with the State survey and certification program, the
State long-term care ombudsman program, and the State
Protection and Advocacy for Individuals with Developmental
Disabilities program.
``(3) Summary information on the number of substantiated
complaints, including the type and level of citation and any
immediate jeopardy citations.''.
(b) Establishment of Standardized Complaint Form.--Section 1128I of
the Social Security Act (42 U.S.C. 1320a-7j) is amended by adding at
the end the following new subsection:
``(i) Application of Certain Provisions to Intermediate Care
Facilities for Individuals With Intellectual Disabilities.--In applying
subsection (f), beginning 1 year after the date of the enactment of
this subsection, each reference to a `facility' shall be deemed to
include an intermediate care facility described in section 1905(d).''.
SEC. 3. ADVISORY COUNCIL ON INTERMEDIATE CARE FACILITIES FOR
INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish the
Advisory Council on Intermediate Care Facilities for Individuals with
Intellectual Disabilities (in this section, referred to as the
``Advisory Council'').
(b) Membership.--
(1) In general.--The Advisory Council shall consist of such
members as appointed by the Secretary. In making such
appointments, the Secretary shall ensure that the Advisory
Council includes the following:
(A) Individuals with disabilities, including but
not limited to individuals who have resided in an
intermediate care facility for individuals with
intellectual disabilities.
(B) Family members or guardians, excluding cases
where an employee of an intermediate care facility
serves as the legal guardian, of individuals with
disabilities who reside in such a facility.
(C) Representatives of State agencies that support
individuals with intellectual and developmental
disabilities.
(D) Representatives of intermediate care facility
providers.
(E) Advocates for individuals with intellectual and
developmental disabilities.
(F) Representatives of States, including State
survey agencies.
(G) Representatives from health care quality
standards-setting organizations.
(H) Staff who provide direct care to individuals
residing at such facilities.
(I) Representatives of workers at intermediate care
facilities.
(J) Representatives of State Protection and
Advocacy Systems.
(K) Representatives of the Centers for Medicare &
Medicaid Services.
(2) Chair.--The Chair of the Advisory Council shall be
appointed by the Secretary from among the members selected
under paragraph (1) and described in subparagraphs (A) through
(J) of such paragraph.
(c) Duties.--
(1) In general.--The Advisory Council shall develop
recommendations on steps that intermediate care facilities for
individuals with intellectual disabilities, States, or the
Federal Government may take to prevent abuse, neglect, and
exploitation, which may include recommendations relating to the
following:
(A) Improving staffing levels and staff training.
(B) Creating pamphlets or other materials to share
with families to help them identify potential warning
signs of abuse, neglect, and exploitation.
(C) Creating materials to share with families on
the process of how to file a complaint when abuse,
neglect, or exploitation is suspected.
(D) Addressing staff retention, workplace safety,
and staff burnout.
(E) Improving the adequacy, efficiency, and
coordination of preemployment background checks, and
compliance with such checks, for individuals providing
direct care to residents of such facilities, including
with respect to State rap back systems and the National
Background Check Program.
(2) Considerations.--In the development of recommendations
under paragraph (1), the Advisory Council shall take into
account data and practices related to intermediate care
facilities for individuals with intellectual disabilities,
which may include the following:
(A) Survey data related to abuse, neglect, and
exploitation citations.
(B) Current programs being utilized by intermediate
care facilities for individuals with intellectual
disabilities related to abuse, neglect, and
exploitation prevention.
(C) Current practices for providing transparency to
consumers of intermediate care facility for individuals
with intellectual disabilities services and their
families when incidents occur.
(D) State requirements for providers of
intermediate care facility for individuals with
intellectual disabilities services related to abuse,
neglect, and exploitation, including--
(i) reporting requirements;
(ii) data tracking; and
(iii) resolution of reports of abuse,
neglect, or exploitation, including those
reports that were not substantiated.
(3) Authority to collect information and request technical
assistance.--The Advisory Council may secure directly from the
Secretary upon request such information or technical assistance
as the Advisory Council considers necessary to carry out this
section.
(d) Report.--
(1) In general.--Not later than 1.5 years after the date of
the first meeting of the Advisory Council described in section
3(a), the Advisory Council shall submit to the Secretary, the
Committee on Finance and the Special Committee on Aging of the
Senate, and the Committee on Ways and Means and the Committee
on Energy and Commerce of the House of Representatives, a
report containing any recommendations developed under
subsection (c)(1), together with recommendations for such
legislation and administrative action as the Advisory Council
determines appropriate.
(2) Public availability.--Upon receiving the report
described in paragraph (1), the Secretary shall make such
report public.
(e) Termination.--The Advisory Council shall terminate upon the
submission of the report to the Secretary under subsection (d)(1).
SEC. 4. PERMITTING MEDICARE AND MEDICAID PROVIDERS TO ACCESS THE
NATIONAL PRACTITIONER DATA BANK TO CONDUCT EMPLOYEE
BACKGROUND CHECKS.
Section 1921(b)(6) of the Social Security Act (42 U.S.C. 1396r-
2(b)(6)) is amended--
(1) by striking ``and other health care entities (as
defined in section 431 of the Health Care Quality Improvement
Act of 1986)'' and inserting ``, other health care entities (as
defined in section 431 of the Health Care Quality Improvement
Act of 1986), providers of services (as defined in section
1861(u)), suppliers (as defined in section 1861(d)), and
providers of items or services under a State plan under this
title (or a waiver of such a plan)''; and
(2) by striking ``such hospitals or other health care
entities'' and inserting ``such hospitals, health care
entities, providers, or suppliers''.
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