Sec. 112. Medical chaperones; Office of Patient Advocacy
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/bill/118/s/3130/is/section-112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title II of the Indian Health Care Improvement Act is amended by inserting after section 223 ( 25 U.S.C. 1621v ) the following: The Secretary, acting through the Service, shall, at the request of a patient of the Service, provide to the patient a medical chaperone, to be present during any medical examination of the patient provided by or through the Service. The Secretary, acting through the Service, shall— notify patients of the Service of the right to have a medical chaperone present during a medical examination provided by or through the Service; and ensure that the right described in subparagraph
(A)is provided to each patient in each Service unit. An Indian tribe, tribal organization, or any other Indian health program may use amounts made available under this Act to provide, at the request of a patient to whom the Indian tribe, tribal organization, or Indian health program is providing health care services, a medical chaperone to the patient, to be present during any medical examination of the patient provided by the Indian tribe or tribal organization. . Title VI of the Indian Health Care Improvement Act ( 25 U.S.C. 1661 et seq. ) (as amended by section 106(a)) is amended by adding at the end the following: In this section: The term Director means the Director of the Office. The term Office means the Office of Patient Advocacy established by subsection (b). There is established within the Department an office, to be known as the Office of Patient Advocacy . The Office shall be headed by a Director, who shall— be appointed by the Secretary from among individuals qualified to perform the duties of the position; and report directly to the Secretary. The Office shall carry out a patient advocacy program of the Service, under which the Office shall— employ patient advocates to advocate on behalf of Indians with respect to health care services sought or received through the Service; provide to those patient advocates training to ensure the advocates carry out the responsibilities described in paragraph (2); and in as many prominent locations as the Director determines to be appropriate to be seen by the largest percentage of patients and family members of patients at each Service unit, display— the purposes of the patient advocacy program; the contact information for a patient advocate employed at the Service unit; and a description of the rights and responsibilities of patients and family members of patients at the Service unit. The responsibilities of a patient advocate employed by the Office shall include the following: Resolving any complaints by Indian patients with respect to health care services provided by or through the Service that cannot be resolved at— the point of service; or a higher level easily accessible to the patient. Expressing to Indians their rights and responsibilities as patients in receiving health care services through the Service. Presenting at various meetings, and to various committees, a description of any issues experienced by Indians in receiving health care services through the Service. Managing a patient advocate tracking system, if applicable. Compiling data relating to any complaints made to the advocate by Indians with respect to the receipt of health care services through the Service, and the satisfaction of Indians with those services, to determine whether there exist any trends in those data. Ensuring that a process exists for the distribution of data compiled under subparagraph
(E)to Indian health programs, appropriate leaders, committees, and service providers, and staff of the Service. Identifying, not less frequently than quarterly, opportunities for improvement in the provision of health care services to Indians by or through the Service, including based on complaints by Indian patients or immediate family members. Ensuring that any significant complaint by an Indian patient or family member with respect to health care provided by or through the Service is brought to the attention of appropriate staff of the Service or Indian health program for the purpose of assessing whether further analysis of the problem is required at the Service, Service area, Service unit, or Indian health program level. Supporting any other patient advocacy programs carried out by the Department. Ensuring that all appeals and final decisions with respect to the receipt of health care services through the Service are entered into a patient advocate tracking system of the Office, if applicable. Understanding all laws, directives, and other rules relating to the rights and responsibilities of Indians in receiving health care services through the Service, including the appeals processes available to Indian patients and immediate family members. Ensuring that Indians receiving behavioral health services under title VII (and any surrogate decisionmakers for such Indians) are aware of the right of Indians— to seek representation from systems established under section 103 of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 ( 42 U.S.C. 10803 ); to protect and advocate for the rights of Indians experiencing behavioral health issues; and to investigate incidents of abuse and neglect of Indians experiencing behavioral health issues. Achieving compliance with any applicable requirements established by the Secretary with respect to the inspection of controlled substances (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). Documenting potentially threatening behavior and reporting that behavior to the appropriate authorities. The Director shall ensure that the training provided to patient advocates under paragraph (1)(B) is consistent throughout the Office, including with respect to any mandatory training or certification standards approved by the Director. .
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Sec. 112
Medical chaperones; Office of Patient Advocacy
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