I 

112TH CONGRESS 

1ST SESSION H. R. 2032 

To protect the interests of each resident of intermediate care facilities for 

the mentally retarded 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 

facility. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. FRANK of Massachusetts (for himself, Mr. GOODLATTE, Ms. WASSERMAN

SCHULTZ, Mr. CULBERSON, Mr. PAYNE, Mr. MORAN, Mr. RUSH, Mrs. 

MCMORRIS RODGERS, Mr. MANZULLO, and Mr. FILNER) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To protect the interests of each resident of intermediate 

care facilities for the mentally retarded 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 facility. 

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

3 SECTION 1. PURPOSES; DEFINITIONS. 

4 (a) PURPOSES.—This Act is enacted to further carry 

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1 ities Assistance and Bill of Rights Act of 2000 and the 

2 Americans with Disabilities Act and the Supreme Court 

3 decision in Olmstead v. L.C., 527 U.S. 581 (1999) to per4 mit individuals with disabilities and their legal representa5 tives to choose where to live from a full continuum of op6 tions— 

7 (1) by prohibiting class action lawsuits by fed8 erally funded entities unless the residents of ICFs/ 

9 MR are given notice of the proposed action and an 

10 opportunity to opt out; and 

11 (2) by permitting such residents and their legal 

12 representatives to intervene in such lawsuits. 

13 (b) DEFINITIONS.—In this Act, the terms ‘‘ICF/MR’’ 

14 and ‘‘ICFs/MR’’ refer, respectively, to an intermediate 

15 care facility for the mentally retarded and intermediate 

16 care facilities for the mentally retarded. 

17 SEC. 2. PROTECTING THE INTERESTS OF EACH RESIDENT 

18 OF AN ICF/MR IN CLASS ACTION LAWSUITS 

19 INVOLVING SUCH RESIDENT. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, no entity that receives funds from the Federal 

22 Government may use such funds to file a class action law23 suit involving the residents of an ICF/MR unless the resi24 dent (or, if there is a legal representative of the resident, 

25 such legal representative), after receiving notice of the 


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1 proposed class action lawsuit, has the opportunity to elect 

2 not to have the action apply to the resident. 

3 (b) NOTICES; RESIDENT RIGHT OF WITHDRAWAL

4 FROM LAWSUIT.— 

5 (1) PLAINTIFF NOTICE OF PROPOSED LAWSUIT

6 TO FACILITY.—If an entity uses funds from the Fed7 eral Government to file a class action lawsuit involv8 ing the residents of an ICF/MR, the entity shall pro9 vide notice of the proposed lawsuit to the facility at 

10 least 90 days before the date of filing of the lawsuit. 

11 (2) FACILITY NOTICE OF PROPOSED LAWSUIT

12 TO RESIDENTS.—Not later than 30 days after the 

13 date the facility receives such notice, the facility 

14 shall provide notice of the proposed class action law15 suit to each resident of such facility on behalf of 

16 which the lawsuit is proposed to be filed and, if 

17 there is a legal representative of such a resident, to 

18 such representative. 

19 (3) RESIDENT RIGHT TO WITHDRAW FROM

20 LAWSUIT.—A resident (or, if there is a legal rep21 resentative of such a resident, the legal representa22 tive) may elect not to be part of such a proposed 

23 lawsuit by filing a notice of such decision with the 

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1 fies the resident or legal representative of the pro2 posed class action lawsuit. 

3 (c) LEGAL REPRESENTATIVE DEFINED.—In this sec4 tion of the Act, the term ‘‘legal representative’’ means, 

5 with respect to a resident of ICF/MR, an individual who 

6 has been appointed under State law to be a legal guardian, 

7 conservator, or other representative for the resident and 

8 who is authorized under law to make decisions on behalf 

9 of the resident with respect to care and treatment of the 

10 resident in the facility. 

11 (d) EFFECTIVE DATE.—This section shall apply to 

12 lawsuits filed after the date of the enactment of this Act. 

13 SEC. 3. PROTECTING THE INTERESTS OF EACH RESIDENT 

14 OF AN ICF/MR IN ACTIONS CONDUCTED BY 

15 THE DEPARTMENT OF JUSTICE THAT AFFECT 

16 THEIR CHOICE OF RESIDENCY. 

17 (a) RESIDENT INVOLVEMENT IN DEPARTMENT AC18 TIONS INVOLVING RESIDENTS OF ICFS/MR.—In any ac19 tion taken by the Department of Justice, including inves20 tigations and other actions under the Americans with Dis21 abilities Act, the Civil Rights for Institutionalized Persons 

22 Act, and any other Act, that involves the residents of an 

23 ICF/MR, the Department shall consult with the residents 

24 (or, if a resident has a legal representative, the resident’s 


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1 legal representative) among all other interested parties be2 fore taking action. 

3 (b) RESIDENT RIGHT OF INTERVENTION IN DEPART4 MENT ACTIONS INVOLVING RESIDENTS OF ICFS/MR.— 

5 In any action under subsection (a), a resident (or, if a 

6 resident has a legal representative, the resident’s legal rep7 resentative) shall have the right to intervene in the pro8 ceeding. 

9 (c) EFFECTIVE DATE.—This section shall apply to 

10 all actions taken by the Department of Justice after the 

11 date of the enactment of this Act. 

12 SEC. 4. PRESERVATION OF STATES’ RIGHTS. 

13 Nothing in this Act shall be construed to require a 

14 State (as defined for the purposes of title XIX of the So15 cial Security Act) to include ICFs/MR services as an op16 tion under its Medicaid plan under such title. 

Æ 


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