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.— 
(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 rep-
resentatives of the following: 
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(A) Individuals with disabilities. 
(B) Family members of individuals with 
disabilities. 
(C) The National Association of State Di-
rectors of Developmental Disabilities Services. 
(D) The American Health Care Associa-
tion. 
(E) The American Network of Community 
Options and Resources. 
(F) States, including State survey agen-
cies. 
(G) The National Quality Forum (or such 
other standard-setting organization specified by 
the Secretary). 
(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 (G) 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 may take to prevent abuse, neglect, and exploi-
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tation, which may include recommendations relating 
to the following: 
(A) Staff training requirements. 
(B) Creation of pamphlets or other mate-
rials to share with families to help them iden-
tify potential warning signs of abuse, neglect, 
and exploitation. 
(C) Creation of materials to share with 
families on the process of how to file a com-
plaint when abuse, neglect, or exploitation is 
suspected. 
(D) Ways to address caregiver burnout 
and stress. 
(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-
tellectual disabilities related to abuse, neglect, 
and exploitation prevention. 
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(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 2 years after 
the date of enactment of this Act, the Advisory 
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 
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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 
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)), 
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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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