Sec. 3. Advisory Council on Intermediate Care Facilities for Individuals with Intellectual Disabilities
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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 ). 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 representatives of the following:
Individuals with disabilities. Family members of individuals with disabilities. The National Association of State Directors of Developmental Disabilities Services. The American Health Care Association. The American Network of Community Options and Resources. States, including State survey agencies. The National Quality Forum (or such other standard-setting organization specified by the Secretary). 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
(G)of such paragraph. The Advisory Council shall develop recommendations on steps that intermediate care facilities for individuals with intellectual disabilities may take to prevent abuse, neglect, and exploitation, which may include recommendations relating to the following: Staff training requirements. Creation of pamphlets or other materials to share with families to help them identify potential warning signs of abuse, neglect, and exploitation. Creation of materials to share with families on the process of how to file a complaint when abuse, neglect, or exploitation is suspected. Ways to address caregiver burnout and stress. 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: Survey data related to abuse, neglect, and exploitation citations. Current programs being utilized by intermediate care facilities for individuals with intellectual disabilities related to abuse, neglect, and exploitation prevention. Current practices for providing transparency to consumers of intermediate care facility for individuals with intellectual disabilities services and their families when incidents occur. State requirements for providers of intermediate care facility for individuals with intellectual disabilities services related to abuse, neglect, and exploitation, including— reporting requirements; data tracking; and resolution of reports of abuse, neglect, or exploitation, including those reports that were not substantiated. 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. Not later than 2 years after the date of enactment of this Act, 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. Upon receiving the report described in paragraph (1), the Secretary shall make such report public. The Advisory Council shall terminate upon the submission of the report to the Secretary under subsection (d)(1).