To amend title XVIII of the Social Security Act to require, as a condition of participation in the Medicare Program, that hospitals make reasonable efforts to contact a family member, specified healthcare agent, or surrogate decisionmaker of a patient who arrives at a hospital emergency department unconscious or otherwise physically incapable of communicating with the attending health care practitioners of the hospital, and for other purposes.

Summary: Elaine Sullivan Act - Amends title XVIII (Medicare) of the Social Security Act to require emergency departments to contact family members, a specified healthcare agent, or a surrogate decisionmaker of an incapacitated patient within 24 hours of arrival at the emergency department.

Authorizes the Secretary of Health and Human Services to make grants to qualified not-for-profit organizations for the purpose of assisting them to establish and operate voluntary next of kin registries.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elaine Sullivan Act''.

SEC. 2. REQUIREMENT FOR EMERGENCY DEPARTMENTS TO CONTACT FAMILY 
              MEMBERS, SPECIFIED HEALTHCARE AGENT, OR SURROGATE 
              DECISIONMAKER OF INCAPACITATED PATIENTS WITHIN 24 HOURS 
              OF ARRIVAL AT THE EMERGENCY DEPARTMENT.

    (a) In General.--Section 1866(a)(1) of the Social Security Act (42 
U.S.C. 1395cc(a)(1)) is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by striking the period at the end 
        and inserting ``, and''; and
            (3) by inserting after subparagraph (V) the following new 
        subparagraph:
            ``(W) in the case of a hospital (as defined in section 
        1861(e)) with an emergency department, to adopt and enforce a 
        policy to ensure compliance with the requirements of subsection 
        (k) (relating to requirements to make reasonable efforts to 
        contact certain individuals in the case of a patient who is 
        unconscious or physically unable to communicate with staff of 
        the hospital).''.
    (b) Requirement to Contact Family Members or Other Individuals With 
Authority to Make Health Care Decisions.--Section 1866 of such Act (42 
U.S.C. 1395cc) is amended by adding at the end the following new 
subsection:
    ``(k)(1)(A) In the case of a hospital (as defined in section 
1861(e)) with an emergency department, if any individual arrives at the 
emergency department requiring medical treatment and is unconscious or 
otherwise unable to communicate with a health care professional of the 
department, the hospital shall take reasonable measures (described in 
paragraph (3)) to identify and contact a person the hospital reasonably 
believes has the authority to make health care decisions on behalf of 
the individual.
    ``(B) A person referred to in subparagraph (A) is any of the 
following:
            ``(i) An immediate family member.
            ``(ii) A person authorized to make health care decisions 
        for the individual under a durable power of attorney for health 
        care, recognized under State law (whether by statute or as 
        recognized by the courts of the State).
    ``(2)(A) The hospital shall take the reasonable measures as soon as 
practicable, but, subject to subparagraph (B), in no case later than 
the end of the 24-hour period that begins at the point in time that a 
health care professional of the emergency department of the hospital 
determines that the individual is unconscious or otherwise unable to 
communicate.
    ``(B)(i) The 24-hour period under subparagraph (A) shall not apply 
during any period in which the hospital implements a disaster and mass 
casualty program or a fire and internal disaster program, or during a 
declared state of emergency (as defined in clause (ii)) or other local 
mass casualty situation.
    ``(ii) For purposes of clause (i), the term `declared state of 
emergency' means an officially designated state of emergency that has 
been declared by the Federal Government or a State or local government 
official having authority to declare that the State, county, 
municipality, or locality is in a state of emergency.
    ``(3) Reasonable measures referred to in paragraph (1) include the 
following:
            ``(A) Contacting the emergency contact, family member, 
        surrogate decisionmaker, or other health care agent identified 
        from personal effects of the individual.
            ``(B) Examining medical records in the hospital's 
        possession, including a review of any verbal or written report 
        made by emergency medical technicians or the police with 
        respect to the individual.
            ``(C) Insofar as actions under subparagraphs (A) and (B) 
        are unsuccessful, contacting the hospital's social service 
        department or the appropriate local law enforcement agency.
    ``(4) The provisions of this subsection do not preempt any State or 
local law requirement, except to the extent that the requirement 
directly conflicts with a requirement of this subsection.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to hospitals as of the date that is one year after the date of 
the enactment of this Act.

SEC. 3. GRANT PROGRAM FOR THE ESTABLISHMENT OF NEXT OF KIN REGISTRIES.

    (a) In General.--The Secretary of Health and Human Services is 
authorized to make grants to qualified not-for-profit organizations for 
the purpose of assisting such organizations to establish and operate 
voluntary next of kin registries.
    (b) Next of Kin Registry Described.--A next of kin registry is an 
electronic search service to help individuals, and family members of 
those individuals, who are missing, injured, or deceased. A next of kin 
registry is a free service to the public, health care providers and 
institutions, and governmental agencies using the search service.
    (c) Awarding of Grants.--
            (1) Application.--No grant may be made under this section 
        except pursuant to a grant application that is submitted and 
        approved in a time, manner, and form specified by the 
        Secretary.
            (2) Limitation on grants.--Only 1 grant may be awarded 
        under this section with respect to any qualified not-for-profit 
        organizations.
    (d) Terms and Conditions.--
            (1) In general.--Grants under this section shall be made 
        under such terms and conditions as the Secretary specifies 
        consistent with this section.
            (2) Use of grant funds.--Funds provided under grants under 
        this section may be used for any of the following:
                    (A) For purchasing, leasing, and installing 
                computer software and hardware.
                    (B) Making upgrades and other improvements to 
                existing computer software and hardware.
                    (C) Providing education and training to eligible 
                staff on the use of technology to implement next-of-kin 
                registries.
            (3) Provision of information.--As a condition for the 
        awarding of a grant under this section, an applicant shall 
        provide to the Secretary such information as the Secretary may 
        require in order to--
                    (A) evaluate the project for which the grant is 
                made; and
                    (B) ensure that funding provided under the grant is 
                expended only for the purposes for which it is made.
            (4) Audit.--The Secretary shall conduct appropriate audits 
        of grants under this section.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2006 through 2010.