,,ii #aagth ,,congress #b;d ,session ,s4 #deic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ba1 #bjbb,mr4 ,kelly 7for himself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title ,,xix of the ,social ,security ,act to require the ,secretary of ,health and ,human ,services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the ,medicaid program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,abuse and ,neglect of ,vulnerable ,americans ,act of #bjbb4 #b4 ,requiring the ,secretary of ,health and ,human ,services to make certain information available on a public website relating to intermediate care facilities for individuals with intellectual disabilities certified for participation under the medicaid program 7a7 ,in general ,section #aiaj of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;i7 is amended by adding at the end the following new subsection3 7c7 ,not later than #b years after the date of the enactment of this subsection1 the ,secretary shall1 in order to increase transparency1 include on the official internet website of the ,federal ,government for ,medicaid beneficiaries1 with respect to each intermediate care facility described in subsection 7b7 eligible to participate in the program established under this title1 the following information in a manner that is posted in a prominent location1 updated on a timely basis1 easily accessible1 readily understandable to consumers of services for individuals with intellectual disabilities1 and searchable3 7#a7 ,information regarding the performance of such facility1 including-- 7,a7 results from the #c most recent surveys conducted with respect to such facility under the ,state survey and certification process1 including any standard or condition-level deficiencies identified during such surveys and any administrative actions or citations taken as a result of such surveys2 7,b7 any finding1 with respect to any such deficiencies identified during such surveys1 that such a deficiency immediately jeopardized the health or safety of residents of such facility2 7,c7 the #c most recent ,form #befg 7or a successor form7 ,state inspection reports and a description of how an individual may interpret such reports2 and 7,d7 any plan of correction or other response of such facility to such reports4 7#b7 ,the standardized complaint form developed under section #aabh;,i7f71 including explanatory material on what complaint forms are1 how they are used1 and how to file a complaint with the ,state survey and certification program1 the ,state long-term care ombudsman program1 and the ,state ,protection and ,advocacy for ,individuals with ,developmental ,disabilities program4 7#c7 ,summary information on the number of substantiated complaints1 including the type and level of citation and any immediate jeopardy citations4 4 7b7 ,establishment of standardized complaint form ,section #aabh;,i of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;j7 is amended by adding at the end the following new subsection3 7i7 ,application of certain provisions to intermediate care facilities for individuals with intellectual disabilities ,in applying subsection 7f71 beginning #a year after the date of the enactment of this subsection1 each reference to a facility shall be deemed to include an intermediate care facility described in section #aije7;d74 4 #c4 ,advisory council on intermediate care facilities for individuals with intellectual disabilities 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services 7in this section referred to as the ,secretary7 shall establish the ,advisory ,council on ,intermediate ,care ,facilities for ,individuals with ,intellectual ,disabilities 7in this section1 referred to as the ,advisory ,council74 7b7 ,membership 7#a7 ,in general ,the ,advisory ,council shall consist of such members as appointed by the ,secretary4 ,in making such appointments1 the ,secretary shall ensure that the ,advisory ,council includes the following3 7,a7 ,individuals with disabilities1 including but not limited to individuals who have resided in an intermediate care facility for individuals with intellectual disabilities4 7,b7 ,family members or guardians1 excluding cases where an employee of an intermediate care facility serves as the legal guardian1 of individuals with disabilities who reside in such a facility4 7,c7 ,representatives of ,state agencies that support individuals with intellectual and developmental disabilities4 7,d7 ,representatives of intermediate care facility providers4 7,e7 ,advocates for individuals with intellectual and developmental disabilities4 7,f7 ,representatives of ,states1 including ,state survey agencies4 7,g7 ,representatives from health care quality standards-setting organizations4 7,h7 ,staff who provide direct care to individuals residing at such facilities4 7,i7 ,representatives of workers at intermediate care facilities4 7,j7 ,representatives of ,state ,protection and ,advocacy ,systems4 7,k7 ,representatives of the ,centers for ,medicare ,medicaid ,services4 7#b7 ,chair ,the ,chair of the ,advisory ,council shall be appointed by the ,secretary from among the members selected under paragraph 7#a7 and described in subparagraphs 7,a7 through 7,j7 of such paragraph4 7c7 ,duties 7#a7 ,in general ,the ,advisory ,council shall develop recommendations on steps that intermediate care facilities for individuals with intellectual disabilities1 ,states1 or the ,federal ,government may take to prevent abuse1 neglect1 and exploitation1 which may include recommendations relating to the following3 7,a7 ,improving staffing levels and staff training4 7,b7 ,creating pamphlets or other materials to share with families to help them identify potential warning signs of abuse1 neglect1 and exploitation4 7,c7 ,creating materials to share with families on the process of how to file a complaint when abuse1 neglect1 or exploitation is suspected4 7,d7 ,addressing staff retention1 workplace safety1 and staff burnout4 7,e7 ,improving the adequacy1 efficiency1 and coordination of preemployment background checks1 and compliance with such checks1 for individuals providing direct care to residents of such facilities1 including with respect to ,state rap back systems and the ,national ,background ,check ,program4 7#b7 ,considerations ,in the development of recommendations under paragraph 7#a71 the ,advisory ,council shall take into account data and practices related to intermediate care facilities for individuals with intellectual disabilities1 which may include the following3 7,a7 ,survey data related to abuse1 neglect1 and exploitation citations4 7,b7 ,current programs being utilized by intermediate care facilities for individuals with intellectual disabilities related to abuse1 neglect1 and exploitation prevention4 7,c7 ,current practices for providing transparency to consumers of intermediate care facility for individuals with intellectual disabilities services and their families when incidents occur4 7,d7 ,state requirements for providers of intermediate care facility for individuals with intellectual disabilities services related to abuse1 neglect1 and exploitation1 including-- 7i7 reporting requirements2 7ii7 data tracking2 and 7iii7 resolution of reports of abuse1 neglect1 or exploitation1 including those reports that were not substantiated4 7#c7 ,authority to collect information and request technical assistance ,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 section4 7d7 ,report 7#a7 ,in general ,not later than #a4e years after the date of the first meeting of the ,advisory ,council described in section #c7;a71 the ,advisory ,council shall submit to the ,secretary1 the ,committee on ,finance and the ,special ,committee on ,aging of the ,senate1 and the ,committee on ,ways and ,means and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 a report containing any recommendations developed under subsection 7c77#a71 together with recommendations for such legislation and administrative action as the ,advisory ,council determines appropriate4 7#b7 ,public availability ,upon receiving the report described in paragraph 7#a71 the ,secretary shall make such report public4 7e7 ,termination ,the ,advisory ,council shall terminate upon the submission of the report to the ,secretary under subsection 7d77#a74 #d4 ,permitting medicare and medicaid providers to access the national practitioner data bank to conduct employee background checks ,section #aiba7;b77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#b7;b77#f77 is amended-- 7#a7 by striking and other health care entities 7as defined in section #dca of the ,health ,care ,quality ,improvement ,act of #aihf7 and inserting 1 other health care entities 7as defined in section #dca of the ,health ,care ,quality ,improvement ,act of #aihf71 providers of services 7as defined in section #ahfa7u771 suppliers 7as defined in section #ahfa7;d771 and providers of items or services under a ,state plan under this title 7or a waiver of such a plan72 and 7#b7 by striking such hospitals or other health care entities and inserting such hospitals1 health care entities1 providers1 or suppliers4