[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4593 Introduced in Senate (IS)]

<DOC>






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''.
                                 <all>