Sec. 3. Advisory council on intermediate care facilities for individuals with intellectual disabilities
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/bill/117/s/4593/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 the following:
Individuals with disabilities, including but not limited to individuals who have resided in an intermediate care facility for individuals with intellectual disabilities. 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. Representatives of State agencies that support individuals with intellectual and developmental disabilities. Representatives of intermediate care facility providers.
Advocates for individuals with intellectual and developmental disabilities. Representatives of States, including State survey agencies. Representatives from health care quality standards-setting organizations. Staff who provide direct care to individuals residing at such facilities. Representatives of workers at intermediate care facilities. Representatives of State Protection and Advocacy Systems. Representatives of the Centers for Medicare & Medicaid Services. 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. 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: Improving staffing levels and staff training. Creating pamphlets or other materials to share with families to help them identify potential warning signs of abuse, neglect, and exploitation. Creating materials to share with families on the process of how to file a complaint when abuse, neglect, or exploitation is suspected. Addressing staff retention, workplace safety, and staff burnout. 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. 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 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. 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).