[Congressional Record Volume 153, Number 82 (Thursday, May 17, 2007)]
[Senate]
[Page S6301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MENENDEZ (for himself and Mr. Lautenberg):
  S. 1420. A bill to amend title XIX of the Social Security Act to 
require staff working with developmentally disabled individuals to call 
emergency services in the event of a life-threatening situation; to the 
Committee on Finance.
  Mr. MENENDEZ. Mr. President, I rise today with my good friend Senator 
Lautenberg to reintroduce Danielle's Act, an important piece of 
legislation that I know will save countless lives. I would also like to 
recognize Representative Rush Holt, who has championed the bill in the 
House and has been a tireless advocate for individuals with 
disabilities. This bill is named in memory of a young woman from New 
Jersey, Danielle Gruskowski, whose life was cut tragically short by a 
failure to call 9-1-1. The great State of New Jersey has already passed 
Danielle's Law, and it is time for Congress to act as well.
  In order to understand the importance of this legislation, I would 
like to share Danielle's story. She was born December 6, 1969, to Diane 
and Doug Gruskowski and raised in Carteret, NJ. Danielle was 
developmentally disabled and diagnosed with Rett Syndrome, a 
neurological disorder that causes a delay or regression in development, 
including speech, hand skills, and coordination. While Danielle needed 
help with daily activities, she managed to lead a full and active life. 
As a young adult, Danielle moved to a group home to experience the 
positive benefits of independent living. Tragically, on November 5, 
2002, Danielle passed away at the age of 32 because no one in the group 
home called 9-1-1 when she was clearly in need of emergency medical 
attention.
  So that no other mother would lose her child in such a tragic 
circumstance, Danielle's mother and her aunt, Robin Turner, developed a 
strong coalition of supporters and worked with their State 
representatives to develop and pass what we know as Danielle's Law. 
Like the New Jersey law, my bill will require staff working with 
individuals who have a developmental disability or traumatic brain 
injury to call emergency services in the event of a life-threatening 
situation. The legislation would raise the standard of care by 
improving staff training and ensuring that individuals with 
developmental disabilities get emergency care when they need it.
  All Americans deserve an advocate, and today I am speaking for those 
who often cannot speak for themselves. I am proud to be an advocate for 
individuals with disabilities, and I am proud to be an advocate for the 
families in New Jersey who are counting on safe, secure, and healthy 
independent living environments for their loved ones with disabilities. 
I also would like to recognize the hard-working caregivers and staff 
who help provide for the needs of those with disabilities. They show 
their compassion every day when they show up for work, performing one 
of the most difficult but rewarding jobs in our society--caring for 
someone's mother, father, son, or daughter. These caregivers play such 
a critical role in our society and their contributions are to be 
commended. By raising awareness and education about Danielle's Law, my 
hope is that more caregivers will realize how important it is to call 
9-1-1 for all life-threatening situations and that better training and 
support will be provided to staff across the country.
  I am reintroducing this legislation to remember Danielle and to make 
sure no other family or community experiences the pain and suffering of 
losing a loved one to an avoidable death. I hope my colleagues will 
join me in supporting this important bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1420

       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 ``Danielle's Act''.

     SEC. 2. REQUIREMENT OF STAFF WORKING WITH DEVELOPMENTALLY 
                   DISABLED INDIVIDUALS TO CALL EMERGENCY SERVICES 
                   IN THE EVENT OF A LIFE-THREATENING SITUATION.

       (a) Requirement.--Section 1902(a) of the Social Security 
     Act (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (69), by striking ``and'' at the end;
       (2) in paragraph (70), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after paragraph (70) the following new 
     paragraph:
       ``(71) provide, in accordance with regulations of the 
     Secretary, that direct care staff providing health-related 
     services to a individual with a developmental disability or 
     traumatic brain injury are required to call the 911 emergency 
     telephone service or equivalent emergency management service 
     for assistance in the event of a life-threatening emergency 
     to such individual and to report such call to the appropriate 
     State agency or department.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on January 1, 2008.
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