,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #fghf  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ab1      
#bjah,mr4 ,goodlatte introduced the     
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to protect the interests of    
each resident of intermediate care      
facilities for individuals with         
intellectual disabilities in class      
action lawsuits by federally funded     
entities involving such residents and in
 ,department of ,justice actions that   
could result in an agreement to move    
such a resident from that resident's    
facility4  #a4 ,purposes2 definitions   
7a7 ,purposes ,this ,act is enacted to  
further carry out the ,congressional    
intent of the ,developmental            
,disabilities ,assistance and ,bill of  
,rights ,act of #bjjj and the ,americans
 with ,disabilities ,act and the        
,supreme ,court decision in ,olmstead v4
 ,l4,c41 #ebg ,u4,s4 #eha 7#aiii7 to    
permit individuals with disabilities and

 their legal representatives to choose  
where to live from a full continuum of  
options--  7#a7 by prohibiting class    
action lawsuits by federally funded     
entities unless the residents of        
,i,c,fs_/,,iid are given notice of the  
proposed action and an opportunity to   
opt out2 and  7#b7 by permitting such   
residents and their legal               
representatives to intervene in such    
lawsuits4  7b7 ,definitions ,in this    
,act1 the terms ,,icf_/,,iid and        
,i,c,fs_/,,iid refer1 respectively1 to  
an intermediate care facility for       
individuals with intellectual           
disabilities and intermediate care      
facilities for individuals with         
intellectual disabilities4  #b4         
,protecting the interests of each       
resident of an ,,icf_/,,iid in class    
action lawsuits involving such resident 
7a7 ,in general ,notwithstanding any    
other provision of law1 no entity that  
receives funds from the ,federal        
,government may use such funds to file a

 class action lawsuit involving the     
residents of an ,,icf_/,,iid unless the 
resident 7or1 if there is a legal       
representative of the resident1 such    
legal representative71 after receiving  
notice of the proposed class action     
lawsuit1 has the opportunity to elect   
not to have the action apply to the     
resident4  7b7 ,notices2 resident right 
of withdrawal from lawsuit  7#a7        
,plaintiff notice of proposed lawsuit to
 facility ,if an entity uses funds from 
the ,federal ,government to file a class
 action lawsuit involving the residents 
of an ,,icf_/,,iid1 the entity shall    
provide notice of the proposed lawsuit  
to the facility at least #ij days before
 the date of filing of the lawsuit4     
7#b7 ,facility notice of proposed       
lawsuit to residents ,not later than #cj
 days after the date the facility       
receives such notice1 the facility shall
 provide notice of the proposed class   
action lawsuit to each resident of such 
facility on behalf of which the lawsuit 

is proposed to be filed and1 if there is
 a legal representative of such a       
resident1 to such representative4  7#c7 
,resident right to withdraw from lawsuit
 ,a resident 7or1 if there is a legal   
representative of such a resident1 the  
legal representative7 may elect not to  
be part of such a proposed lawsuit by   
filing a notice of such decision with   
the facility within #fj days of the date
 the facility notifies the resident or  
legal representative of the proposed    
class action lawsuit4  7c7 ,legal       
representative defined ,in this section 
of the ,act1 the term legal             
representative means1 with respect to a 
resident of ,,icf_/,,iid1 an individual 
who has been appointed under ,state law 
to be a legal guardian1 conservator1 or 
other representative for the resident   
and who is authorized under law to make 
decisions on behalf of the resident with
 respect to care and treatment of the   
resident in the facility4  7d7          
,effective date ,this section shall     

apply to lawsuits filed after the date  
of the enactment of this ,act4  #c4     
,protecting the interests of each       
resident of an ,,icf_/,,iid in actions  
conducted by the ,department of ,justice
 that affect their choice of residency  
7a7 ,resident involvement in department 
actions involving residents of          
,i,c,fs_/,,iid ,in any action taken by  
the ,department of ,justice1 including  
investigations and other actions under  
the ,americans with ,disabilities ,act1 
the ,civil ,rights for                  
,institutionalized ,persons ,act1 and   
any other ,act1 that involves the       
residents of an ,,icf_/,,iid1 the       
,department shall consult with the      
residents 7or1 if a resident has a legal
 representative1 the resident's legal   
representative7 among all other         
interested parties before taking action4
  7b7 ,resident right of intervention in
 department actions involving residents 
of ,i,c,fs_/,,iid ,in any action under  
subsection 7a71 a resident 7or1 if a    

resident has a legal representative1 the
 resident's legal representative7 shall 
have the right to intervene in the      
proceeding4  7c7 ,effective date ,this  
section shall apply to all actions taken
 by the ,department of ,justice after   
the date of the enactment of this ,act4 
#d4 ,preservation of ,states' rights    
,nothing in this ,act shall be construed
 to require a ,state 7as defined for the
 purposes of title ,,xix of the ,social 
,security ,act7 to include              
,i,c,fs_/,,iid services as an option    
under its ,medicaid plan under such     
title4