I 
117TH CONGRESS 
2D SESSION 
H. R. 8468 
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 HOUSE OF REPRESENTATIVES 
JULY 21, 2022 
Mr. GALLEGO (for himself, Mr. O’HALLERAN, and Mr. RICE of South Caro-
lina) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
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 intellec-
tual disabilities certified for participation under the Med-
icaid program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Preventing Abuse and 
Neglect of Vulnerable Americans Act of 2022’’. 
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SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND 
HUMAN SERVICES TO MAKE CERTAIN INFOR-
MATION AVAILABLE ON A PUBLIC WEBSITE 
RELATING TO INTERMEDIATE CARE FACILI-
TIES FOR INDIVIDUALS WITH INTELLECTUAL 
DISABILITIES CERTIFIED FOR PARTICIPA-
TION UNDER THE MEDICAID PROGRAM. 
(a) IN GENERAL.—Section 1910 of the Social Secu-
rity Act (42 U.S.C. 1396i) is amended by adding at the 
end the following new subsection: 
‘‘(c) Not later than 2 years after the date of the en-
actment of this subsection, the Secretary shall, in order 
to increase transparency, include on the official internet 
website of the Federal Government for Medicaid bene-
ficiaries, with respect to each intermediate care facility de-
scribed in subsection (b) eligible to participate in the pro-
gram established under this title, the following informa-
tion in a manner that is posted in a prominent location, 
updated on a timely basis, easily accessible, readily under-
standable to consumers of services for individuals with in-
tellectual disabilities, and searchable: 
‘‘(1) Information regarding the performance of 
such facility, including— 
‘‘(A) results from the 3 most recent sur-
veys conducted with respect to such facility 
under the State survey and certification proc-
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ess, including any standard or condition-level 
deficiencies identified during such surveys and 
any administrative actions or citations taken as 
a result of such surveys; 
‘‘(B) any finding, with respect to any such 
deficiencies identified during such surveys, that 
such a deficiency immediately jeopardized the 
health or safety of residents of such facility; 
‘‘(C) the 3 most recent Form 2567 (or a 
successor form) State inspection reports and a 
description of how an individual may interpret 
such reports; and 
‘‘(D) any plan of correction or other re-
sponse of such facility to such reports. 
‘‘(2) The standardized complaint form devel-
oped under section 1128I(f), including explanatory 
material on what complaint forms are, how they are 
used, and how to file a complaint with the State sur-
vey and certification program, the State long-term 
care ombudsman program, and the State Protection 
and Advocacy for Individuals with Developmental 
Disabilities program. 
‘‘(3) Summary information on the number of 
substantiated complaints, including the type and 
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level of citation and any immediate jeopardy cita-
tions.’’. 
(b) ESTABLISHMENT OF STANDARDIZED COMPLAINT 
FORM.—Section 1128I of the Social Security Act (42 
U.S.C. 1320a–7j) is amended by adding at the end the 
following new subsection: 
‘‘(i) APPLICATION OF CERTAIN PROVISIONS TO IN-
TERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH 
INTELLECTUAL DISABILITIES.—In applying subsection 
(f), beginning 1 year after the date of the enactment of 
this subsection, each reference to a ‘facility’ shall be 
deemed to include an intermediate care facility described 
in section 1905(d).’’. 
SEC. 3. ADVISORY COUNCIL ON INTERMEDIATE CARE FA-
CILITIES FOR INDIVIDUALS WITH INTELLEC-
TUAL DISABILITIES. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of Health 
and Human Services (in this section referred to as the 
‘‘Secretary’’) shall establish the Advisory Council on Inter-
mediate Care Facilities for Individuals with Intellectual 
Disabilities (in this section, referred to as the ‘‘Advisory 
Council’’). 
(b) MEMBERSHIP.— 
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(1) IN GENERAL.—The Advisory Council shall 
consist of such members as appointed by the Sec-
retary. In making such appointments, the Secretary 
shall ensure that the Advisory Council includes the 
following: 
(A) Individuals with disabilities, including 
but not limited to individuals who have resided 
in an intermediate care facility for individuals 
with intellectual disabilities. 
(B) Family members or guardians, exclud-
ing cases where an employee of an intermediate 
care facility serves as the legal guardian, of in-
dividuals with disabilities who reside in such a 
facility. 
(C) Representatives of State agencies that 
support individuals with intellectual and devel-
opmental disabilities. 
(D) Representatives of intermediate care 
facility providers. 
(E) Advocates for individuals with intellec-
tual and developmental disabilities. 
(F) Representatives of States, including 
State survey agencies. 
(G) Representatives from health care qual-
ity standards-setting organizations. 
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(H) Staff who provide direct care to indi-
viduals residing at such facilities. 
(I) Representatives of workers at inter-
mediate care facilities. 
(J) Representatives of State Protection 
and Advocacy Systems. 
(K) Representatives of the Centers for 
Medicare & Medicaid Services. 
(2) CHAIR.—The Chair of the Advisory Council 
shall be appointed by the Secretary from among the 
members selected under paragraph (1) and described 
in subparagraphs (A) through (J) of such para-
graph. 
(c) DUTIES.— 
(1) IN GENERAL.—The Advisory Council shall 
develop recommendations on steps that intermediate 
care facilities for individuals with intellectual disabil-
ities, States, or the Federal Government may take to 
prevent abuse, neglect, and exploitation, which may 
include recommendations relating to the following: 
(A) Improving staffing levels and staff 
training. 
(B) Creating pamphlets or other materials 
to share with families to help them identify po-
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tential warning signs of abuse, neglect, and ex-
ploitation. 
(C) Creating materials to share with fami-
lies on the process of how to file a complaint 
when abuse, neglect, or exploitation is sus-
pected. 
(D) Addressing staff retention, workplace 
safety, and staff burnout. 
(E) Improving the adequacy, efficiency, 
and coordination of preemployment background 
checks, and compliance with such checks, for 
individuals providing direct care to residents of 
such facilities, including with respect to State 
rap back systems and the National Background 
Check Program. 
(2) CONSIDERATIONS.—In the development of 
recommendations under paragraph (1), the Advisory 
Council shall take into account data and practices 
related to intermediate care facilities for individuals 
with intellectual disabilities, which may include the 
following: 
(A) Survey data related to abuse, neglect, 
and exploitation citations. 
(B) Current programs being utilized by in-
termediate care facilities for individuals with in-
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tellectual disabilities related to abuse, neglect, 
and exploitation prevention. 
(C) Current practices for providing trans-
parency to consumers of intermediate care facil-
ity for individuals with intellectual disabilities 
services and their families when incidents occur. 
(D) State requirements for providers of in-
termediate care facility for individuals with in-
tellectual disabilities services related to abuse, 
neglect, and exploitation, including— 
(i) reporting requirements; 
(ii) data tracking; and 
(iii) resolution of reports of abuse, ne-
glect, or exploitation, including those re-
ports that were not substantiated. 
(3) AUTHORITY
TO
COLLECT
INFORMATION 
AND REQUEST TECHNICAL ASSISTANCE.—The Advi-
sory Council may secure directly from the Secretary 
upon request such information or technical assist-
ance as the Advisory Council considers necessary to 
carry out this section. 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than 1.5 years 
after the date of the first meeting of the Advisory 
Council described in section 3(a), the Advisory 
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Council shall submit to the Secretary, the Com-
mittee on Finance and the Special Committee on 
Aging of the Senate, and the Committee on Ways 
and Means and the Committee on Energy and Com-
merce of the House of Representatives, a report con-
taining any recommendations developed under sub-
section (c)(1), together with recommendations for 
such legislation and administrative action as the Ad-
visory Council determines appropriate. 
(2) PUBLIC AVAILABILITY.—Upon receiving the 
report described in paragraph (1), the Secretary 
shall make such report public. 
(e) TERMINATION.—The Advisory Council shall ter-
minate upon the submission of the report to the Secretary 
under subsection (d)(1). 
SEC. 4. PERMITTING MEDICARE AND MEDICAID PRO-
VIDERS TO ACCESS THE NATIONAL PRACTI-
TIONER DATA BANK TO CONDUCT EMPLOYEE 
BACKGROUND CHECKS. 
Section 1921(b)(6) of the Social Security Act (42 
U.S.C. 1396r–2(b)(6)) is amended— 
(1) by striking ‘‘and other health care entities 
(as defined in section 431 of the Health Care Qual-
ity Improvement Act of 1986)’’ and inserting ‘‘, 
other health care entities (as defined in section 431 
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of the Health Care Quality Improvement Act of 
1986), providers of services (as defined in section 
1861(u)), suppliers (as defined in section 1861(d)), 
and providers of items or services under a State plan 
under this title (or a waiver of such a plan)’’; and 
(2) by striking ‘‘such hospitals or other health 
care entities’’ and inserting ‘‘such hospitals, health 
care entities, providers, or suppliers’’. 
Æ 
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