I 

111TH CONGRESS 

1ST SESSION H. R. 1255 

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

the mentally retarded in class action lawsuits on behalf of such resident. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2009 

Mr. FRANK of Massachusetts (for himself, Mr. MORAN of Virginia, Mr. POE

of Texas, Mr. PAUL, Mr. COHEN, Mr. GOODLATTE, Mr. DREIER, Mr. 

DANIEL E. LUNGREN of California, Mr. KANJORSKI, and Ms. 

WASSERMAN SCHULTZ) 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 on behalf of such resident. 

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


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1 SECTION 1. PROTECTING THE INTERESTS OF EACH RESI2 DENT OF INTERMEDIATE CARE FACILITIES 

3 FOR THE MENTALLY RETARDED IN CLASS AC4 TION LAWSUITS ON BEHALF OF SUCH RESI5 DENT. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, no entity that receives funds from the Federal 

8 Government may use such funds to file a class action law9 suit against an intermediate care facility for the mentally 

10 retarded on behalf of any resident of such facility unless 

11 the resident (or, if there is a legal representative of the 

12 resident, such legal representative), after receiving notice 

13 of the proposed class action lawsuit, has the opportunity 

14 to elect not to have the action apply to the resident. 

15 (b) NOTICES; RESIDENT RIGHT OF WITHDRAWAL

16 FROM LAWSUIT.— 

17 (1) PLAINTIFF NOTICE OF PROPOSED LAWSUIT

18 TO FACILITY.—If an entity uses funds from the Fed19 eral Government to file a class action lawsuit against 

20 an intermediate care facility for the mentally re21 tarded on behalf of residents of such facility, the en22 tity shall provide notice of the proposed lawsuit to 

23 the facility at least 90 days before the date of filing 

24 of the lawsuit. 

25 (2) FACILITY NOTICE OF PROPOSED LAWSUIT

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


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1 date the facility receives such notice, the facility 

2 shall provide notice of the proposed lawsuit to each 

3 resident of such facility on behalf of which the law4 suit is proposed to be filed and, if there is a legal 

5 representative of such a resident, to such representa6 tive. 

7 (3) RESIDENT RIGHT TO WITHDRAW FROM

8 LAWSUIT.—A resident (or, if there is a legal rep9 resentative of such a resident, the legal representa10 tive) may elect not to be part of such a proposed 

11 lawsuit by filing a notice of such decision with the 

12 facility within 60 days of the date the facility noti13 fies the resident or legal representative of the pro14 posed class lawsuit. 

15 (c) LEGAL REPRESENTATIVE DEFINED.—In this sec16 tion, the term ‘‘legal representative’’ means, with respect 

17 to a resident of an intermediate care facility for the men18 tally retarded, an individual who has been appointed under 

19 State law to be a legal guardian, conservator, or other rep20 resentative for the resident and who is authorized under 

21 law to make decisions on behalf of the resident with re22 spect to care and treatment of the resident in the facility. 

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

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

Æ 


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