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 resi-
dents and in Department of Justice actions that could 
result in an agreement to move such a resident from 
that resident’s facility. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PURPOSES; DEFINITIONS. 
(a) PURPOSES.—This Act is enacted to further carry 
out the Congressional intent of the Developmental Disabil-
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ities Assistance and Bill of Rights Act of 2000 and the 
Americans with Disabilities Act and the Supreme Court 
decision in Olmstead v. L.C., 527 U.S. 581 (1999) to per-
mit individuals with disabilities and their legal representa-
tives to choose where to live from a full continuum of op-
tions— 
(1) by prohibiting class action lawsuits by fed-
erally funded entities unless the residents of ICFs/ 
MR are given notice of the proposed action and an 
opportunity to opt out; and 
(2) by permitting such residents and their legal 
representatives to intervene in such lawsuits. 
(b) DEFINITIONS.—In this Act, the terms ‘‘ICF/MR’’ 
and ‘‘ICFs/MR’’ refer, respectively, to an intermediate 
care facility for the mentally retarded and intermediate 
care facilities for the mentally retarded. 
SEC. 2. PROTECTING THE INTERESTS OF EACH RESIDENT 
OF AN ICF/MR IN CLASS ACTION LAWSUITS 
INVOLVING SUCH RESIDENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no entity that receives funds from the Federal 
Government may use such funds to file a class action law-
suit involving the residents of an ICF/MR unless the resi-
dent (or, if there is a legal representative of the resident, 
such legal representative), after receiving notice of the 
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proposed class action lawsuit, has the opportunity to elect 
not to have the action apply to the resident. 
(b) NOTICES; RESIDENT RIGHT OF WITHDRAWAL 
FROM LAWSUIT.— 
(1) PLAINTIFF NOTICE OF PROPOSED LAWSUIT 
TO FACILITY.—If an entity uses funds from the Fed-
eral Government to file a class action lawsuit involv-
ing the residents of an ICF/MR, the entity shall pro-
vide notice of the proposed lawsuit to the facility at 
least 90 days before the date of filing of the lawsuit. 
(2) FACILITY NOTICE OF PROPOSED LAWSUIT 
TO RESIDENTS.—Not later than 30 days after the 
date the facility receives such notice, the facility 
shall provide notice of the proposed class action law-
suit to each resident of such facility on behalf of 
which the lawsuit is proposed to be filed and, if 
there is a legal representative of such a resident, to 
such representative. 
(3) RESIDENT
RIGHT
TO
WITHDRAW
FROM 
LAWSUIT.—A resident (or, if there is a legal rep-
resentative of such a resident, the legal representa-
tive) may elect not to be part of such a proposed 
lawsuit by filing a notice of such decision with the 
facility within 60 days of the date the facility noti-
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fies the resident or legal representative of the pro-
posed class action lawsuit. 
(c) LEGAL REPRESENTATIVE DEFINED.—In this sec-
tion of the Act, the term ‘‘legal representative’’ means, 
with respect to a resident of ICF/MR, an individual who 
has been appointed under State law to be a legal guardian, 
conservator, or other representative for the resident and 
who is authorized under law to make decisions on behalf 
of the resident with respect to care and treatment of the 
resident in the facility. 
(d) EFFECTIVE DATE.—This section shall apply to 
lawsuits filed after the date of the enactment of this Act. 
SEC. 3. PROTECTING THE INTERESTS OF EACH RESIDENT 
OF AN ICF/MR IN ACTIONS CONDUCTED BY 
THE DEPARTMENT OF JUSTICE THAT AFFECT 
THEIR CHOICE OF RESIDENCY. 
(a) RESIDENT INVOLVEMENT IN DEPARTMENT AC-
TIONS INVOLVING RESIDENTS OF ICFS/MR.—In any ac-
tion taken by the Department of Justice, including inves-
tigations and other actions under the Americans with Dis-
abilities Act, the Civil Rights for Institutionalized Persons 
Act, and any other Act, that involves the residents of an 
ICF/MR, the Department shall consult with the residents 
(or, if a resident has a legal representative, the resident’s 
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legal representative) among all other interested parties be-
fore taking action. 
(b) RESIDENT RIGHT OF INTERVENTION IN DEPART-
MENT ACTIONS INVOLVING RESIDENTS OF ICFS/MR.— 
In any action under subsection (a), a resident (or, if a 
resident has a legal representative, the resident’s legal rep-
resentative) shall have the right to intervene in the pro-
ceeding. 
(c) EFFECTIVE DATE.—This section shall apply to 
all actions taken by the Department of Justice after the 
date of the enactment of this Act. 
SEC. 4. PRESERVATION OF STATES’ RIGHTS. 
Nothing in this Act shall be construed to require a 
State (as defined for the purposes of title XIX of the So-
cial Security Act) to include ICFs/MR services as an op-
tion under its Medicaid plan under such title. 
Æ 
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