sections (a) and (b)) shall apply to a civil 
money penalty under the previous sentence in 
the same manner as such provisions apply to a 
penalty or proceeding under section 1128A(a). 
‘‘(E) WHISTLEBLOWER
PROTECTIONS.— 
With respect to a covered individual, any officer 
or employee of the State may not— 
‘‘(i) 
discharge, 
demote, 
suspend, 
threaten, harass, or deny a promotion or 
other employment-related benefit to such 
individual, or in any other manner dis-
criminate against an individual in the 
terms and conditions of employment be-
cause the individual submitted a report 
under subparagraph (B); or 
‘‘(ii) file a complaint or a report 
against the individual with the appropriate 
State professional disciplinary agency be-
cause the individual submitted a report 
under subparagraph (B). 
‘‘(F) PENALTIES
FOR
VIOLATING
WHIS-
TLEBLOWER
PROTECTIONS.—Subject to sub-
paragraph (H), any officer or employee of a 
State who engages in an activity that is prohib-
ited by subparagraph (E) shall be subject to a 
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smartinez on DSK6TPTVN1PROD with BILLS
civil money penalty not to exceed $50,000. The 
provisions of section 1128A (other than sub-
sections (a) and (b)) shall apply to a civil 
money penalty under the previous sentence in 
the same manner as such provisions apply to a 
penalty or proceeding under section 1128A(a). 
‘‘(G) REQUIREMENT TO POST NOTICE.— 
Each State shall post conspicuously in an ap-
propriate location a sign (in a form specified by 
the Secretary) specifying the rights of covered 
individuals under this section. Such sign shall 
include— 
‘‘(i) a statement that a covered indi-
vidual may file a complaint with the Sec-
retary describing any violations of the pro-
visions of this paragraph by an employee 
or officer of a State; and 
‘‘(ii) information concerning the form 
and manner in which such a complaint 
should be filed. 
‘‘(H) CONSTRUCTION RELATED TO LEGIS-
LATIVE
OVERSIGHT.—For purposes of this 
paragraph, to the extent that a member of a 
State legislature requests that a covered indi-
vidual appear at a hearing of a committee of 
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such legislature or asks questions of such indi-
vidual during such a hearing, the actions of 
such member shall not be construed in a man-
ner that would subject such member to a pen-
alty under this paragraph.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1819(f)(2)(B)(iii)(I)(c) of the Social 
Security Act is amended by inserting ‘‘, a civil mone-
tary penalty described in section 1919(g)(6)(D) of 
not less than $10,000’’ after ‘‘of not less than 
$5,000’’. 
(2) Section 1919(f)(2)(B)(iii)(I)(c) of the Social 
Security Act is amended by inserting ‘‘, a civil mone-
tary penalty described in (g)(6)(D) of not less than 
$10,000’’ after ‘‘of not less than $5,000’’. 
SEC. 5. ADVISORY COMMITTEE. 
(a) MEDICARE.—Section 1819(g)(2) of the Social Se-
curity Act (42 U.S.C. 1395i–3(g)(2)) is amended by add-
ing at the end the following: 
‘‘(F) ADVISORY COMMITTEE.— 
‘‘(i) ESTABLISHMENT.—The Secretary 
shall establish an advisory committee on 
surveys under this paragraph. 
‘‘(ii) MEMBERSHIP.—The membership 
of the advisory committee under clause (i) 
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smartinez on DSK6TPTVN1PROD with BILLS
shall include advocates for residents of 
skilled nursing facilities, members of sur-
vey teams under this subsection, and nurs-
ing home administrators. 
‘‘(iii) RECOMMENDED
STANDARDS.— 
The advisory committee under clause (i) 
shall make recommendations to the Sec-
retary on standards for— 
‘‘(I) the adequate staffing of sur-
vey teams under this subsection; 
‘‘(II) the training of members of 
such teams; and 
‘‘(III) disclosing any contact be-
tween such members and individuals 
associated with skilled nursing facili-
ties, and limiting such contact to pre-
vent inappropriate influence of such 
members by such individuals. 
‘‘(iv) OTHER
RECOMMENDATIONS.— 
The advisory committee under clause (i) 
may also make recommendations to the 
Secretary on any other issue that would 
improve the survey process under this 
paragraph.’’. 
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smartinez on DSK6TPTVN1PROD with BILLS
(b) MEDICAID.—Section 1919(g)(2) of the Social Se-
curity Act (42 U.S.C. 1396r(g)(2)) is amended by adding 
at the end the following: 
‘‘(F) ADVISORY COMMITTEE.— 
‘‘(i) ESTABLISHMENT.—The Secretary 
shall establish an advisory committee on 
surveys under this paragraph. 
‘‘(ii) MEMBERSHIP.—The membership 
of the advisory committee under clause (i) 
shall include advocates for residents of 
nursing facilities, members of survey teams 
under this subsection, and nursing home 
administrators. 
‘‘(iii) RECOMMENDED
STANDARDS.— 
The advisory committee under clause (i) 
shall make recommendations to the Sec-
retary on standards for— 
‘‘(I) the adequate staffing of sur-
vey teams under this subsection; 
‘‘(II) the training of members of 
such teams; and 
‘‘(III) disclosing any contact be-
tween such members and individuals 
associated with nursing facilities, and 
limiting such contact to prevent inap-
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smartinez on DSK6TPTVN1PROD with BILLS
propriate influence of such members 
by such individuals. 
‘‘(iv) OTHER
RECOMMENDATIONS.— 
The advisory committee under clause (i) 
may also make recommendations to the 
Secretary on any other issue that would 
improve the survey process under this 
paragraph.’’. 
SEC. 6. REVIEW OF SURVEYS. 
(a) MEDICARE.—Section 1819(g)(2)(D) of the Social 
Security Act (42 U.S.C. 1395i–3(g)(2)(D)) is amended— 
(1) by striking ‘‘Each State’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—Each State’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) REVIEW OF SURVEYS.—The su-
pervisor of the survey team shall review 
each survey conducted under this sub-
section to ensure that any issues that im-
pact quality of care that are identified by 
such surveys are consistently and appro-
priately described and rated by the survey 
team.’’. 
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(b) MEDICAID.—Section 1919(g)(2)(D) of the Social 
Security Act (42 U.S.C. 1396r(g)(2)(D)) is amended— 
(1) by striking ‘‘Each State’’ and inserting the 
following: 
‘‘(i) IN GENERAL.—Each State’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) REVIEW OF SURVEYS.—The su-
pervisor of the survey team shall review 
each survey conducted under this sub-
section to ensure that any issues that im-
pact quality of care that are identified by 
such surveys are consistently and appro-
priately described and rated by the survey 
team.’’. 
Æ 
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