II 

117TH CONGRESS 

2D SESSION S. 4593 

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 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2022 

Mr. KELLY (for himself and Ms. SINEMA) introduced the following bill; 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 program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Abuse and 

5 Neglect of Vulnerable Americans Act of 2022’’. 


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1 SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND 

2 HUMAN SERVICES TO MAKE CERTAIN INFOR3 MATION AVAILABLE ON A PUBLIC WEBSITE 

4 RELATING TO INTERMEDIATE CARE FACILI5 TIES FOR INDIVIDUALS WITH INTELLECTUAL 

6 DISABILITIES CERTIFIED FOR PARTICIPA7 TION UNDER THE MEDICAID PROGRAM. 

8 (a) IN GENERAL.—Section 1910 of the Social Secu9 rity Act (42 U.S.C. 1396i) is amended by adding at the 

10 end the following new subsection: 

11 ‘‘(c) Not later than 2 years after the date of the en12 actment of this subsection, the Secretary shall, in order 

13 to increase transparency, include on the official internet 

14 website of the Federal Government for Medicaid bene15 ficiaries, with respect to each intermediate care facility de16 scribed in subsection (b) eligible to participate in the pro17 gram established under this title, the following informa18 tion in a manner that is posted in a prominent location, 

19 updated on a timely basis, easily accessible, readily under20 standable to consumers of services for individuals with in21 tellectual disabilities, and searchable: 

22 ‘‘(1) Information regarding the performance of 

23 such facility, including— 

24 ‘‘(A) results from the 3 most recent sur25 veys conducted with respect to such facility 

26 under the State survey and certification procVerDate Sep 11 2014 03:47 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4593.IS S4593

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1 ess, including any standard or condition-level 

2 deficiencies identified during such surveys and 

3 any administrative actions or citations taken as 

4 a result of such surveys; 

5 ‘‘(B) any finding, with respect to any such 

6 deficiencies identified during such surveys, that 

7 such a deficiency immediately jeopardized the 

8 health or safety of residents of such facility; 

9 ‘‘(C) the 3 most recent Form 2567 (or a 

10 successor form) State inspection reports and a 

11 description of how an individual may interpret 

12 such reports; and 

13 ‘‘(D) any plan of correction or other re14 sponse of such facility to such reports. 

15 ‘‘(2) The standardized complaint form devel16 oped under section 1128I(f), including explanatory 

17 material on what complaint forms are, how they are 

18 used, and how to file a complaint with the State sur19 vey and certification program, the State long-term 

20 care ombudsman program, and the State Protection 

21 and Advocacy for Individuals with Developmental 

22 Disabilities program. 

23 ‘‘(3) Summary information on the number of 

24 substantiated complaints, including the type and 


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1 level of citation and any immediate jeopardy cita2 tions.’’. 

3 (b) ESTABLISHMENT OF STANDARDIZED COMPLAINT

4 FORM.—Section 1128I of the Social Security Act (42 

5 U.S.C. 1320a–7j) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(i) APPLICATION OF CERTAIN PROVISIONS TO IN8 TERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH

9 INTELLECTUAL DISABILITIES.—In applying subsection 

10 (f), beginning 1 year after the date of the enactment of 

11 this subsection, each reference to a ‘facility’ shall be 

12 deemed to include an intermediate care facility described 

13 in section 1905(d).’’. 

14 SEC. 3. ADVISORY COUNCIL ON INTERMEDIATE CARE FA15 CILITIES FOR INDIVIDUALS WITH INTELLEC16 TUAL DISABILITIES. 

17 (a) ESTABLISHMENT.—Not later than 1 year after 

18 the date of enactment of this Act, the Secretary of Health 

19 and Human Services (in this section referred to as the 

20 ‘‘Secretary’’) shall establish the Advisory Council on Inter21 mediate Care Facilities for Individuals with Intellectual 

22 Disabilities (in this section, referred to as the ‘‘Advisory 

23 Council’’). 

24 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Advisory Council shall 

2 consist of such members as appointed by the Sec3 retary. In making such appointments, the Secretary 

4 shall ensure that the Advisory Council includes the 

5 following: 

6 (A) Individuals with disabilities, including 

7 but not limited to individuals who have resided 

8 in an intermediate care facility for individuals 

9 with intellectual disabilities. 

10 (B) Family members or guardians, exclud11 ing cases where an employee of an intermediate 

12 care facility serves as the legal guardian, of in13 dividuals with disabilities who reside in such a 

14 facility. 

15 (C) Representatives of State agencies that 

16 support individuals with intellectual and devel17 opmental disabilities. 

18 (D) Representatives of intermediate care 

19 facility providers. 

20 (E) Advocates for individuals with intellec21 tual and developmental disabilities. 

22 (F) Representatives of States, including 

23 State survey agencies. 

24 (G) Representatives from health care qual25 ity standards-setting organizations. 


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1 (H) Staff who provide direct care to indi2 viduals residing at such facilities. 

3 (I) Representatives of workers at inter4 mediate care facilities. 

5 (J) Representatives of State Protection 

6 and Advocacy Systems. 

7 (K) Representatives of the Centers for 

8 Medicare & Medicaid Services. 

9 (2) CHAIR.—The Chair of the Advisory Council 

10 shall be appointed by the Secretary from among the 

11 members selected under paragraph (1) and described 

12 in subparagraphs (A) through (J) of such para13 graph. 

14 (c) DUTIES.— 

15 (1) IN GENERAL.—The Advisory Council shall 

16 develop recommendations on steps that intermediate 

17 care facilities for individuals with intellectual disabil18 ities, States, or the Federal Government may take to 

19 prevent abuse, neglect, and exploitation, which may 

20 include recommendations relating to the following: 

21 (A) Improving staffing levels and staff 

22 training. 

23 (B) Creating pamphlets or other materials 

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1 tential warning signs of abuse, neglect, and ex2 ploitation. 

3 (C) Creating materials to share with fami4 lies on the process of how to file a complaint 

5 when abuse, neglect, or exploitation is sus6 pected. 

7 (D) Addressing staff retention, workplace 

8 safety, and staff burnout. 

9 (E) Improving the adequacy, efficiency, 

10 and coordination of preemployment background 

11 checks, and compliance with such checks, for 

12 individuals providing direct care to residents of 

13 such facilities, including with respect to State 

14 rap back systems and the National Background 

15 Check Program. 

16 (2) CONSIDERATIONS.—In the development of 

17 recommendations under paragraph (1), the Advisory 

18 Council shall take into account data and practices 

19 related to intermediate care facilities for individuals 

20 with intellectual disabilities, which may include the 

21 following: 

22 (A) Survey data related to abuse, neglect, 

23 and exploitation citations. 

24 (B) Current programs being utilized by in25 termediate care facilities for individuals with inVerDate Sep 11 2014 03:47 Jul 26, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4593.IS S4593

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1 tellectual disabilities related to abuse, neglect, 

2 and exploitation prevention. 

3 (C) Current practices for providing trans4 parency to consumers of intermediate care facil5 ity for individuals with intellectual disabilities 

6 services and their families when incidents occur. 

7 (D) State requirements for providers of in8 termediate care facility for individuals with in9 tellectual disabilities services related to abuse, 

10 neglect, and exploitation, including— 

11 (i) reporting requirements; 

12 (ii) data tracking; and 

13 (iii) resolution of reports of abuse, ne14 glect, or exploitation, including those re15 ports that were not substantiated. 

16 (3) AUTHORITY TO COLLECT INFORMATION

17 AND REQUEST TECHNICAL ASSISTANCE.—The Advi18 sory Council may secure directly from the Secretary 

19 upon request such information or technical assist20 ance as the Advisory Council considers necessary to 

21 carry out this section. 

22 (d) REPORT.— 

23 (1) IN GENERAL.—Not later than 1.5 years 

24 after the date of the first meeting of the Advisory 

25 Council described in section 3(a), the Advisory 


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1 Council shall submit to the Secretary, the Com2 mittee on Finance and the Special Committee on 

3 Aging of the Senate, and the Committee on Ways 

4 and Means and the Committee on Energy and Com5 merce of the House of Representatives, a report con6 taining any recommendations developed under sub7 section (c)(1), together with recommendations for 

8 such legislation and administrative action as the Ad9 visory Council determines appropriate. 

10 (2) PUBLIC AVAILABILITY.—Upon receiving the 

11 report described in paragraph (1), the Secretary 

12 shall make such report public. 

13 (e) TERMINATION.—The Advisory Council shall ter14 minate upon the submission of the report to the Secretary 

15 under subsection (d)(1). 

16 SEC. 4. PERMITTING MEDICARE AND MEDICAID PRO17 VIDERS TO ACCESS THE NATIONAL PRACTI18 TIONER DATA BANK TO CONDUCT EMPLOYEE 

19 BACKGROUND CHECKS. 

20 Section 1921(b)(6) of the Social Security Act (42 

21 U.S.C. 1396r–2(b)(6)) is amended— 

22 (1) by striking ‘‘and other health care entities 

23 (as defined in section 431 of the Health Care Qual24 ity Improvement Act of 1986)’’ and inserting ‘‘, 

25 other health care entities (as defined in section 431 


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1 of the Health Care Quality Improvement Act of 

2 1986), providers of services (as defined in section 

3 1861(u)), suppliers (as defined in section 1861(d)), 

4 and providers of items or services under a State plan 

5 under this title (or a waiver of such a plan)’’; and 

6 (2) by striking ‘‘such hospitals or other health 

7 care entities’’ and inserting ‘‘such hospitals, health 

8 care entities, providers, or suppliers’’. 

Æ 


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