Home Care Consumer Bill of Rights Act

Bill: 112-s-1750
Sponsor: Sen. Franken, Al [D-MN]
Introduced: 2011-10-20 in the Senate
Policy area: Health
Subjects: Aging
Consumer affairs
Crime prevention
Health care coverage and access
Health care quality
Health information and medical records
Health programs administration and funding
Home and outpatient care
State and local government operations

Summary:
action_date: 2011-10-20
text: 
Home Care Consumer Bill of Rights Act - Amends the Older Americans Act of 1965 to make it the duty of the Assistant Secretary of Aging, acting through the designee responsible for elder abuse prevention and services, to: (1) establish best practices for state-based enforcement of a Home Care Consumer Bill of Rights through a Plan for Enforcement, (2) assist states with the development of such Bills of Rights and Plans for Enforcement to support the shift from institutional care to home and community-based long-term care (LTC) services, and (3) develop and use a process for review and approval of state Home Care Consumer Bills of Rights and Plans for Enforcement.
 
Establishes additional state plan requirements,including that a state have a Home Care Consumer Bill of Rights and a Plan for Enforcement.
 
Requires the Home Care Consumer Bill of Rights to address a home care consumer's right to: (1) basic safety; (2) information access; (3) choice, participation, and self-determination; (4) care and services provided in a way that promotes each consumer's dignity and individuality; and (5) redress of grievances. Requires the Bill of Rights also to address the role and responsibilities that fiduciaries may have in securing these rights of home care consumers.
 
Requires that any allotment for vulnerable elder rights protection activities be used to develop a State Home Care Consumer Bill of Rights and Plan for Enforcement.
 
Directs the Assistant Secretary to establish a National Adult Protective Services Resources Center to: (1) improve the capacity of state and local adult protective services programs, and (2) coordinate with the Home Care Ombudsman Program and Long-Term Care Ombudsman Program to protect home care consumers and residents of LTC facilities most effectively. 
 
Authorizes appropriations for State Home Care Ombudsman Programs. Directs the Assistant Secretary of Aging to award competitive grants to states for such Programs.
 
Requires the Assistant Secretary of Aging, in implementing Aging and Disability Resource Centers in all states, to: (1) provide quality assurance information about home and community-based LTC programs, service providers, and resources when referring consumers to them; and (2) identify quality assurance standards for such programs, providers, and resources.
 
Requires the designated state agency, in promoting a comprehensive, coordinated state system enabling older individuals to receive LTC in home and community-based settings, to provide for distribution of quality assurance information about home and community-based LTC programs, service providers, and resources.
 

 


Legislative actions:
action_date: 2011-10-20
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2011-10-20
text: Introduced in Senate