In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordable Mortgage for Homeowners 
Act of 2011''.

SEC. 2. PRINCIPAL REDUCTION OF MORTGAGES OWNED OR GUARANTEED BY FANNIE 
              MAE AND FREDDIE MAC.

    (a) Program Authority.--The Federal National Mortgage Association 
and the Federal Home Loan Mortgage Corporation shall each carry out a 
program under this section to provide for the reduction of the interest 
rates on qualified mortgages on single-family housing owned or 
guaranteed by such enterprises, in accordance with this section and 
policies and procedures that the Director of the Federal Housing 
Finance Agency shall establish.
    (b) Timing.--Each enterprise shall commence the program required 
under subsection (a) upon the expiration of the 90-day period beginning 
upon the date of the enactment of this Act and shall complete all 
reductions of the interest rates of qualified mortgages required under 
the program not later than the expiration of the 12-month period 
beginning upon the commencement of such program.
    (c) Interest Rate Reduction.--In reducing the interest rate on a 
qualified mortgage under a program of an enterprise required under this 
section, the enterprise shall reduce the annual rate of interest 
charged with respect to the outstanding principal obligation of the 
mortgage for the remainder of the term of the mortgage, notwithstanding 
whether the interest rate under the mortgage is otherwise subject to 
adjustment during such mortgage term, to a fixed interest rate that is 
the lesser of--
            (1) 4 percent annually; or
            (2) the rate for a 30-year fixed rate mortgage, as most 
        recently published in the Weekly Primary Mortgage Market Survey 
        of the Federal Home Loan Mortgage Corporation, as of the time 
        of such interest rate reduction for such qualified mortgage.
    (d) Exempt Mortgages.--The Director shall provide that the 
following qualified mortgages shall not be subject to reduction of the 
interest rate under a program under this section:
            (1) Fixed-rate mortgages.--In the case of a qualified 
        mortgage having a rate of interest that is fixed for the entire 
        term of the mortgage, any mortgage having such an interest rate 
        that is a lower than the interest rate determined for the 
        mortgage under subsection (c).
            (2) Adjustable-rate mortgages.--In the case of a mortgage 
        having a rate of interest that is subject to adjustment during 
        the term of the mortgage, any mortgage for which the interest 
        rate cannot, as a result of the terms of the terms and 
        conditions of the mortgage, exceed the interest rate determined 
        for the mortgage under subsection (c) at any time during the 
        term of the mortgage.
    (e) Option to Opt-Out.--Each program of an enterprise required 
under this section shall provide for the enterprise to--
            (1) notify the mortgagor under a qualified mortgage in 
        writing, before the proposed reduction of the interest rate on 
        qualified mortgage of the mortgagor, of--
                    (A) such proposed reduction and the interest rate 
                applicable to the mortgage upon such reduction; and
                    (B) the opportunity, in accordance with paragraph 
                (2), for the mortgagor to request that no such interest 
                rate reduction be applied with respect to such 
                mortgage; and
            (2) forego such interest rate reduction with respect to the 
        qualified mortgage of a mortgagor upon receipt by the 
        enterprise of a request by the mortgagor that no such interest 
        rate reduction be applied with respect to such mortgage.
    (f) Maintenance of Loan Status.--Any reduction of the interest rate 
on a qualified mortgage under a program under this section shall not 
result in the treatment of the modified mortgage as a new mortgage.
    (g) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Director.--The term ``Director'' means the Director of 
        the Federal Housing Finance Agency.
            (2) Enterprise.--The term ``enterprise'' means the Federal 
        National Mortgage Association and the Federal Home Loan 
        Mortgage Corporation.
            (3) Qualified mortgage.--The term ``qualified mortgage'' 
        means a mortgage, without regard to whether the mortgagor is 
        current or in default on payments due under the mortgage, 
        that--
                    (A) is an existing first mortgage that was made for 
                purchase of, or refinancing another first mortgage on, 
                a one- to four-family dwelling, including a condominium 
                or a share in a cooperative ownership housing 
                association, that is occupied by the mortgagor as the 
                principal residence of the mortgagor;
                    (B) is owned or guaranteed by the Federal National 
                Mortgage Association or the Federal Home Loan Mortgage 
                Corporation; and
                    (C) was originated on or before the date of the 
                enactment of this Act.
    (h) Regulations.--The Director shall issue any regulations or 
guidance necessary to carry out the programs required under this 
section not later than the expiration of the 90-day period that begins 
on the date of the enactment of this Act.

Answer: Affordable Mortgage for Homeowners Act of 2011 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) each to carry out a program to provide for the reduction of the interest rates on qualified mortgage mortgages (other than fixed-rate or adjustable-rate mortgages) on single-family housing owned or guaranteed by such enterprises, in accordance with policies and procedures that the Director of the Federal Housing Finance Agency (FHFA) shall establish.

Requires each program to provide a procedure for mortgagors to opt-out of an interest rate reduction.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Authority to Schools Act 
of 2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to restore authority to the public schools to conduct 
        education as a human enterprise;
            (2) to limit Federal court oversight of public schools to 
        that which is reasonable and necessary to implement Federal 
        law; and
            (3) to allow State and local education officials to bring 
        new insights and solutions to problems of allocating revenues 
        and resources for the common good in keeping with their 
        designated legislative and executive powers.

SEC. 3. APPROPRIATE REMEDIES WITH RESPECT TO VIOLATIONS OF FEDERAL LAW 
              IN THE PUBLIC SCHOOLS.

    (a) Requirements for Relief.--
            (1) Prospective relief.--
                    (A) Prospective relief in any civil action with 
                respect to violations of Federal law in the public 
                schools shall extend no further than necessary to 
                correct the violation of the Federal right of a 
                particular plaintiff or plaintiffs. The court shall not 
                grant or approve any prospective relief unless the 
                court finds that such relief is narrowly drawn, extends 
                no further than necessary to correct the violation of 
                the Federal right, and is the least intrusive means 
                necessary to correct the violation of the Federal 
                right. The court shall give substantial weight to any 
                adverse impact on other students or the school 
                community as a whole caused by the relief.
                    (B) The court shall not order any prospective 
                relief that requires or permits a government official 
                to exceed his or her authority under State or local law 
                or otherwise violates State or local law, unless--
                            (i) Federal law requires such relief to be 
                        ordered in violation of State or local law;
                            (ii) the relief is necessary to correct the 
                        violation of a Federal right; and
                            (iii) no other relief will correct the 
                        violation of the Federal right.
            (2) Preliminary injunctive relief.--In any civil action 
        with respect to violations of Federal law in the public 
        schools, to the extent otherwise authorized by law, the court 
        may enter a temporary restraining order or an order for 
        preliminary injunctive relief. Preliminary injunctive relief 
        must be narrowly drawn, extend no further than necessary to 
        correct the harm the court finds requires preliminary relief, 
        and be the least intrusive means necessary to correct that 
        harm. The court shall give substantial weight to any adverse 
        impact on other students or the school community as a whole 
        caused by the preliminary relief and shall respect the 
        principles of comity set out in paragraph (1)(B) in tailoring 
        any preliminary relief. Preliminary injunctive relief shall 
        automatically expire on the date that is 90 days after its 
        entry, unless the court makes the findings required under 
        subsection (a)(1) for the entry of prospective relief and makes 
        the order final before the expiration of the 90-day period.
    (b) Termination of Relief.--
            (1) Termination of prospective relief.--
                    (A) In any civil action with respect to violations 
                of Federal law in the public schools in which 
                prospective relief is ordered, such relief shall be 
                terminable upon the motion of any party or intervener--
                            (i) 2 years after the date the court 
                        granted or approved the prospective relief;
                            (ii) 1 year after the date the court has 
                        entered an order denying termination of 
                        prospective relief under this paragraph; or
                            (iii) in the case of an order issued on or 
                        before the date of enactment of the Restoring 
                        Authority to Schools Act (enacted ____ __, 
                        2004), 2 years after such date of enactment.
                    (B) Nothing in this section shall prevent the 
                parties from agreeing to terminate or modify relief 
                before the relief is terminated under subparagraph (A).
            (2) Immediate termination of prospective relief.--In any 
        civil action with respect to violations of Federal law in the 
        public schools, a defendant or intervener shall be entitled to 
        the immediate termination of any prospective relief if the 
        relief was approved or granted in the absence of a finding by 
        the court that the relief is narrowly drawn, extends no further 
        than necessary to correct the violation of the Federal right, 
        and is the least intrusive means necessary to correct the 
        violation of the Federal right.
            (3) Limitation.--Prospective relief shall not terminate if 
        the court makes written findings based on the record that 
        prospective relief remains necessary to correct a current and 
        ongoing violation of the Federal right, extends no further than 
        necessary to correct the violation of the Federal right, and 
        that the prospective relief is narrowly drawn and the least 
        intrusive means to correct the violation.
            (4) Termination or modification of relief.--Nothing in this 
        section shall prevent any party or intervener from seeking 
        modification or termination before the relief is terminable 
        under paragraph (1) or (2), to the extent that modification or 
        termination would otherwise be legally permissible.
    (c) Settlements.--
            (1) Consent decrees.--In any civil action with respect to 
        violations of Federal law in the public schools, the court 
        shall not enter or approve a consent decree unless it complies 
        with the limitations on relief set forth in subsection (a).
            (2) Private settlement agreements.--
                    (A) Nothing in this section shall preclude parties 
                from entering into a private settlement agreement that 
                does not comply with the limitations on relief set 
                forth in subsection (a), if the terms of that agreement 
                are not subject to court enforcement other than the 
                reinstatement of the civil proceeding that the 
                agreement settled.
                    (B) Nothing in this section shall preclude any 
                party claiming that a private settlement agreement has 
                been breached from seeking in State court any remedy 
                available under State law.
    (d) State Law Remedies.--The limitations on remedies in this 
section shall not apply to relief entered by a State court based solely 
upon claims arising under State law.
    (e) Procedure for Motions Affecting Prospective Relief.--
            (1) Generally.--The court shall promptly rule on any motion 
        to modify or terminate prospective relief in a civil action 
        with respect to violations of Federal law in the public 
        schools. Mandamus shall lie to remedy any failure to issue a 
        prompt ruling on such a motion.
            (2) Automatic stay.--Any motion to modify or terminate 
        prospective relief made under subsection (b) shall operate as a 
        stay during the period--
                    (A)(i) beginning on the 30th day after such motion 
                is filed, in the case of a motion made under paragraph 
                (1) or (2) of subsection (b); or
                    (ii) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under any other 
                law; and
                    (B) ending on the date the court enters a final 
                order ruling on the motion.
            (3) Postponement of automatic stay.--The court may postpone 
        the effective date of an automatic stay specified in subsection 
        (e)(2)(A) for not more than 60 days for good cause. No 
        postponement shall be permissible because of general congestion 
        of the court's calendar.
            (4) Order blocking the automatic stay.--Any order staying, 
        suspending, delaying, or barring the operation of the automatic 
        stay described in paragraph (2) (other than an order to 
        postpone the effective date of the automatic stay under 
        paragraph (3)) shall be treated as an order refusing to 
        dissolve or modify an injunction and shall be appealable 
        pursuant to section 1292(a)(1) of title 28, United States Code, 
        regardless of how the order is styled or whether the order is 
        termed a preliminary or a final ruling.
    (f) Special Masters.--
            (1) In general.--
                    (A) In any civil action in a Federal court with 
                respect to violations of Federal law in the public 
                schools, the court may appoint a special master who 
                shall be disinterested and objective and who will give 
                due regard to balancing the needs of the school 
                community as a whole against the requested relief, to 
                conduct hearings on the record and prepare proposed 
                findings of fact.
                    (B) The court shall appoint a special master under 
                this subsection during the remedial phase of the action 
                only upon a finding that the remedial phase will be 
                sufficiently complex to warrant the appointment.
            (2) Appointment.--
                    (A) If the court determines that the appointment of 
                a special master is necessary, the court shall request 
                that the defendant State officials and the plaintiff 
                each submit a list of not more than 5 persons to serve 
                as a special master.
                    (B) Each party shall have the opportunity to remove 
                up to 3 persons from the opposing party's list.
                    (C) The court shall select the master from the 
                persons remaining on the list after the operation of 
                subparagraph (B).
            (3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master under this subsection, on the ground of 
        partiality.
            (4) Compensation.--The compensation to be allowed to a 
        special master under this section shall be based on an hourly 
        rate not greater than the hourly rate established under section 
        3006A for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the 
        Judiciary.
            (5) Regular review of appointment.--In any civil action 
        with respect to violations of Federal law in the public schools 
        in which a special master is appointed under this subsection, 
        the court shall review the appointment of the special master 
        every 6 months to determine whether the services of the special 
        master continue to be required under paragraph (1). In no event 
        shall the appointment of a special master extend beyond the 
        termination of the relief.
            (6) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    (A) may be authorized by a court to conduct 
                hearings and prepare proposed findings of fact, which 
                shall be made on the record;
                    (B) shall not make any findings or communications 
                ex parte;
                    (C) may be authorized by a court to assist in the 
                development of remedial plans; and
                    (D) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
    (g) Definitions.--As used in this section--
            (1) the term ``consent decree'' means any relief entered by 
        the court that is based in whole or in part upon the consent or 
        acquiescence of the parties, but does not include private 
        settlements;
            (2) the term ``civil action with respect to violations of 
        Federal law in the public schools'' means any civil proceeding 
        arising under Federal law with respect to any aspect of 
        operation of the public schools or the provision of public 
        education, including extra curricular and ancillary activities, 
        but does not include civil proceedings relating to 
        desegregation of the public schools;
            (3) the term ``public schools'' means a public elementary 
        or secondary school as such terms are defined in section 9101 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. Sec. 7801);
            (4) the term ``private settlement agreement'' means an 
        agreement entered into among the parties that is not subject to 
        judicial enforcement other than the reinstatement of the civil 
        proceeding that the agreement settled;
            (5) the term ``prospective relief'' means all relief other 
        than compensatory monetary damages;
            (6) the term ``special master'' means any person appointed 
        by a Federal court pursuant to Rule 53 of the Federal Rules of 
        Civil Procedure or pursuant to any inherent power of the court 
        to exercise the powers of a master, regardless of the title or 
        description given by the court; and
            (7) the term ``relief'' means all relief in any form that 
        may be granted or approved by the court, and includes consent 
        decrees but does not include private settlement agreements.

Answer: Restoring Authority to Schools Act of 2004 - Requires prospective relief in any civil action for violations of Federal law in public schools to be narrowly drawn, to extend no further than necessary, and to reflect the least intrusive means necessary to correct the violation. Requires the court to give substantial weight to any adverse impact on other students or the school community caused by such relief.

Prohibits the court from ordering prospective relief that requires or permits government officials to exceed their authority under State or local law or otherwise violates such law unless Federal law so requires, the relief is necessary, and no other relief will correct the violation.

Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief with respect to violations of Federal law in public schools to the extent otherwise authorized by law if the order complies with the limitations on prospective relief set forth in this Act.

Requires the termination of prospective relief upon the motion of any party or intervener at specified times. Entitles defendants or interveners to the immediate termination of such relief if it was approved or granted in the absence of a finding that the limitations set forth in this Act were met.

Prohibits the court from entering or approving a consent decree absent compliance with such limitations.

Sets forth procedures for motions affecting prospective relief.

Authorizes the court to appoint a special master in those civil actions addressed by this Act.


Question: That (a)(1) sections 
1861(e)(9) and 1861(j)(15) of the Social Security Act (relating to 
qualifications of hospitals and skilled nursing facilities) are each 
amended by striking out ``health and safety'' and inserting in lieu 
thereof ``health, safety, and rights''.
    (2) Section 1864(c) of such Act is amended by striking out ``health 
and safety of patients'' and inserting in lieu thereof ``the health, 
safety, and rights of patients''.
    (b) Part C of title XVIII of such Act is amended by adding after 
section 1881 the following new sections:

       ``rights of patients of certain long-term care facilities

    ``Sec. 1882. (a) In prescribing standards under subsections (e)(9) 
and (j)(15) of section 1861 with respect to the rights of individuals 
(hereinafter in this section and section 1883 referred to as 
`patients') furnished services in an institution which has (as 
determined by the Secretary) an average duration-of-stay of more than 
30 days (such an institution hereinafter in this section and section 
1183 referred to as a `facility'), the Secretary shall--
            ``(1) require the governing board of the facility to 
        establish written policies, consistent with the rights set 
        forth in subsection (b), regarding the rights and 
        responsibilities of patients and, through the administrator of 
        the facility, to develop and adhere to procedures for 
        implementing such policies;
            ``(2) require the facility to make these policies and 
        procedures available to the public, patients, guardians, and 
        relatives of patients, and to any relative or other person 
        serving as a representative payee of a patient pursuant to 
        section 205(j) of this Act; and
            ``(3) require the staff of the facility to be trained and 
        involved in the implementation of these policies and 
        procedures.
    ``(b) A facility's policies and procedures regarding rights of 
patients of the facility must at least ensure that the following 
patients' rights are provided:
            ``(1) Information on patient rights.--A patient's right to 
        be fully informed, as evidenced by the patient's written 
        acknowledgment, before or at the time of admission and during 
        stay of these rights and of all rules and regulations governing 
        patient conduct and responsibility.
            ``(2) Information on services and charges.--A patient's 
        right (A) to be fully informed, and given a written statement 
        before or at the time of admission and during stay, of services 
        available in the facility and of related charges for such 
        services, including any charges for services not covered under 
        this title or title XIX or not covered by the facility's basic 
        per diem rate, and (B) to be informed in writing at least 30 
        days in advance of any changes in the availability of services 
        or in the charges for these services.
            ``(3) Information on and participation in medical 
        treatment.--A patient's right (A) to be fully informed by a 
        physician of the patient's medical condition, unless medically 
        contraindicated for a specified and limited period of time (as 
        documented, by a physician, in the patient's medical record), 
        (B) to be afforded the opportunity to participate in the 
        planning of his medical treatment, and (C) to refuse to 
        participate in experimental research.
            ``(4) Conditions of transfer or discharge.--A patient's 
        right (A) to be transferred within the facility or discharged 
        from the facility only for medical reasons, for his welfare or 
        that of other patients, or for nonpayment of his stay (except 
        as prohibited by this title or title XIX), (B) to be informed 
        before admission of the causes for such a transfer or 
        discharge, (C) to be given 30 days' advance notice of such a 
        transfer or discharge (except for emergencies threatening the 
        health or safety of the patient), and (D) to be given 
        sufficient preparation and orientation to ensure safe and 
        orderly transfer or discharge and adjustment and to have this 
        preparation and orientation documented in his medical record.
            ``(5) Grievances.--A patient's right to be assisted, 
        throughout his period of stay, in his exercise of his rights as 
        a patient and as a citizen, and to this end the patient's right 
        to file complaints under section 1883, voice grievances, and 
        recommend changes in policies and service to the staff of the 
        facility and to outside representatives of his choice 
        (including representatives of governmental agencies 
        administering the programs under this title and title XIX) free 
        from restraint, interference, coercion, discrimination, or 
        reprisal.
            ``(6) Management of personal financial affairs.--A 
        patient's right to manage his personal financial affairs or be 
        given, at least quarterly, an itemized accounting of financial 
        transactions made on his behalf whenever the facility accepts 
        his written delegation of this responsibility for any period of 
        time in conformance with State law.
            ``(7) Freedom from abuse and restraints.--A patient's 
        right--
                    ``(A) to be free from mental and physical abuse, 
                and
                    ``(B) to be free from chemical and physical 
                restraints, except (i) as authorized in writing by a 
                physician for a specified and limited period of time, 
                or (ii) in emergencies when necessary to protect the 
                patient from injury to himself or to others (in which 
                case notice of the use of such restraints, and an 
                explanation of the circumstances thereof, shall be 
                promptly provided to the attending physician and noted 
                in the patient's medical record).
            ``(8) Confidentiality of treatment and medical records.--A 
        patient's right--
                    ``(A) to be assured confidential treatment of his 
                personal and medical records, and
                    ``(B) to approve or refuse the release of such 
                records to any individual outside the facility, except 
                in the case of a transfer to another health care 
                institution or as required by law or third-party 
                payment contract.
            ``(9) Dignity and privacy.--A patient's right to be treated 
        with consideration, respect, and full recognition of his 
        dignity and individuality, including privacy in treatment and 
        in care for his personal needs.
            ``(10) Work requirements.--A patient's right not to be 
        required to perform services for the facility.
            ``(11) Freedom of association.--A patient's right to 
        associate and communicate privately (in writing or otherwise) 
        with persons of his choice.
            ``(12) Participation in activities of choice.--A patient's 
        right to meet with, and participate in activities of, social, 
        religious, and community groups at his discretion.
            ``(13) Use of personal possessions.--A patient's right to 
        retain and use his personal clothing and possessions as space 
        permits, unless to do so would infringe upon rights of other 
        patients, and to be provided security in storing possessions.
            ``(14) Privacy for married patients.--A married patient's 
        right to be assured privacy in visits by the patient's spouse 
        and, if spouses are both patients in the facility, the right of 
        the patients to share the same room if they so desire.
    ``(c) The patient's rights and responsibilities specified in 
paragraphs (1) through (4) of subsection (b), as they pertain to a 
patient adjudicated incompetent in accordance with State law, devolve 
to the patient's guardian, next of kin, sponsoring agency (or 
agencies), or relative or other person serving as representative payee 
under section 205(j) of this Act (except when the facility itself is 
representative payee).

                   ``enforcement of patient's rights

    ``Sec. 1883. (a) The Secretary shall establish, by regulation, a 
schedule of the maximum amount of civil penalties which may be imposed 
under this section for the violation of each of the patient's rights 
set forth in section 1882(b). No such penalty shall exceed $500 for a 
single violation, except that the civil penalty for a violation of a 
patient's right, under paragraph (5) of such section, to file a 
complaint under this section free from restraint, interference, 
coercion, discrimination, or reprisal shall not exceed $1,000. The 
Secretary shall define in those regulations what constitutes a separate 
violation for purposes of this section.
    ``(b)(1) Any patient, or any person on behalf of such a patient, 
who claims to have had a right under section 1882(b) violated by the 
facility may submit a complaint, written or oral, with the appropriate 
enforcing agency (as defined in subsection (f)). No such complaint with 
respect to a violation shall be considered by an enforcing agency under 
this section unless it is filed with the agency within 180 days after 
the date the alleged violation occurred.
    ``(2) Upon receiving a complaint concerning a facility under 
paragraph (1), an enforcing agency shall promptly notify the facility 
of the complaint (including the date, place, and circumstances of the 
alleged violation), shall investigate the complaint (keeping 
confidential insofar as possible the identity of the complainant and 
the name of the patient or patients involved if the complainant is not 
such a patient), and shall provide the complainant with a written 
report thereon within 30 days of the date the complaint was filed. A 
copy of the report of the agency, including the complaint (with 
identities of the complainant and any patients deleted), shall be made 
part of the permanent files of the agency and made available to the 
public.
    ``(c)(1)(A) If, as a result of an investigation conducted under 
subsection (b)(2), the enforcing agency determines that a facility has 
not violated any patients' rights under section 1882(b), the enforcing 
agency shall notify the facility and the complainant of such 
determination.
    ``(B) If, as a result of such an investigation, the enforcing 
agency determines that a facility has violated one or more patients' 
rights under section 1882(b), the enforcing agency shall endeavor to 
provide appropriate adjustment with respect to any such alleged 
violation (and to prevent future similar violations) by informal 
methods of conference, conciliation, and persuasion. Nothing said or 
done during and as part of such informal endeavors may be made public 
by the enforcing agency or used as evidence in a subsequent proceeding 
without the written consent of the persons concerned. If after such 
endeavors (but in a period no longer than 30 days), the enforcing 
agency is not able to secure from the facility a conciliation agreement 
or other understanding acceptable to the agency and the complainant, 
the agency shall assess against the facility a civil penalty 
(determined in accordance with the schedule developed under subsection 
(a)) by an order made--
            ``(i) after written notice (including notice of the 
        enforcing agency's proposed order and the facility's 
        opportunity to request, within 15 days after the date the 
        notice is received, a hearing on the proposed order), and
            ``(ii) after opportunity for a hearing in accordance with 
        procedures to be specified by the Secretary in regulations.
    ``(2) Such an order shall provide that the penalty shall be paid 
(in accordance with subsection (d)(2)) to the enforcing agency and the 
agency shall promptly make payment to patients (or heirs of patients, 
in the case of deceased patients) in accordance with the penalties 
assessed for violation of their rights. Notwithstanding any other 
provision of law, civil penalties paid to any individual in accordance 
with this paragraph shall not constitute income or resources or 
otherwise be taken into account (A) for purposes of determining the 
eligibility of the individual, or the family or household of the 
individual, for assistance under a State plan approved under title XIX, 
or for aid, assistance, or benefits in any form under any Federal 
program, or any State or local program financed in whole or in part 
with Federal funds, which conditions such eligibility to any extent 
upon the income or resources of the individual, family, or household, 
or (B) for purposes of determining the amount or extent of such aid, 
assistance, or benefits.
    ``(3) An enforcing agency may suspend imposition of an order of 
assessment against a facility if the facility can provide assurances, 
satisfactory to the agency, that the facility has taken such actions as 
will prevent the reoccurrence of the violation (and similar violations) 
from which the order results. To the extent that the enforcing agency 
determines, based on a later complaint or investigation, that such 
actions have not been taken in accordance with such assurances, the 
agency shall reimpose such an order.
    ``(d)(1)(A) Not later than 60 days after the final action of an 
enforcing agency with respect to a complaint or suspension of an order 
of assessment under this section, any person adversely affected or 
aggrieved by the action is entitled to judicial review thereof in the 
appropriate United States district court or State court of competent 
jurisdiction. The provisions of sections 701(b)(2), and 702 through 706 
of title 5, United States Code, shall apply to such reviews.
    ``(B) Where a patient or facility brings an action for review of a 
determination by an enforcing agency which is not in the patient's or 
facility's favor, respectively, and the action is determined to 
constitute harassment of the facility or patient, respectively, the 
patient or facility shall be liable to the enforcing agency for all the 
agency's legal fees and costs (including reasonable attorney's fees) in 
connection with the action.
    ``(2)(A) If an enforcing agency has issued a final order of an 
assessment of a penalty against a facility and--
            ``(i) the order has not been suspended under subsection 
        (c)(3), the facility shall pay the amount of the penalty to the 
        enforcing agency within 60 days after the date the order 
        becomes final, or
            ``(ii) the order has been suspended but has been reimposed, 
        the facility shall pay the amount of the penalty to the 
        enforcing agency within 60 days after the date the order was 
        reimposed.
    ``(B)(i) The agency will hold any such amounts paid to it in escrow 
and, except as provided in clause (ii), shall make payment of it, in 
accordance with subsection (b)(2), at the end of the applicable 60-day 
period described in subparagraph (A).
    ``(ii) If judicial review of such an order of an enforcing agency 
has been sought, the agency shall make payment of any penalty collected 
at the conclusion of the review and in accordance with the order of the 
court.
    ``(3) If a facility fails to make timely payment of a civil penalty 
according to paragraph (2), the enforcing agency shall recover the 
amount assessed (plus interest at currently prevailing rates from the 
last date of such 60-day period) in an action brought in any 
appropriate district court of the United States or State court of 
competent jurisdiction and shall hold or transfer it in the manner 
provided in that paragraph.
    ``(e) The imposition of a civil penalty under this section shall 
not preclude, and shall be in addition to, any other monetary damages 
recoverable by, or other relief available to, patients or enforcing 
agencies as a result of violation of patients' rights.
    ``(f) For purposes of this section, the term `enforcing agency' 
means, with respect to an alleged violation occurring in a State in 
which the Secretary--
            ``(1) has entered into an agreement under section 
        1864(d)(1), the appropriate State or local agency or agencies 
        specified in that agreement, or
            ``(2) has not entered into such an agreement, such office 
        within the Department of Health, Education, and Welfare as the 
        Secretary shall designate by regulation.''.
    (c) Section 1864 of such Act is amended by adding at the end the 
following new subsection:
    ``(d)(1) The Secretary shall make an agreement with any State which 
is able and willing to do so and has an agreement under subsection (a) 
under which the agency (or agencies) under subsection (a) will serve as 
an appropriate agency for the purpose of enforcing patients' rights 
under section 1883. The Secretary shall pay for the services of such an 
agency in the manner prescribed in subsection (b).
    ``(2) Any agreement under this section with a State with regard to 
determining whether a facility meets the standards relating to 
patients' rights and described in section 1882 shall include a 
provision that each routine certification survey of such a facility 
shall include a private meeting between patients and survey personnel 
to discuss patients' experiences within the facility as regards such 
rights and compliance with such standards generally.''.
    (d) Section 1865(a) of such Act is amended by inserting after the 
second sentence the following new sentence: ``No institution shall be 
so deemed to meet standards relating to patients' rights and described 
in section 1882 unless the accreditation survey of the institution 
includes a private meeting between patients and survey personnel to 
discuss patients' experiences within the institution as regards such 
rights and compliance with such standards generally.''.
    Sec. 2. The Secretary of Health, Education, and Welfare shall first 
publish proposed regulations for carrying out the amendments made by 
this Act not later than six months after the date of the enactment of 
this Act and such regulations shall first become final and fully 
effective on the first day of the ninth month which begins after the 
date of the enactment of this Act.

Answer:
Amends title XVIII (Medicare) of the Social Security Act to require the governing boards of hospitals and skilled nursing facilities having an average duration of patient stay of more than 30 days to establish written policies guaranteeing specified rights of patients, including: (1) information on services and charges; (2) information on and participation in medical treatment; (3) conditions of transfer or discharge; (4) grievances; (5) management of personal financial affairs; (6) freedom from abuse and restraints; (7) confidentiality of records; and (8) freedom of association. 
Directs the Secretary of Health and Human Services to establish civil penalties for the violation of such rights. 
Sets forth provisions concerning the processing and investigation of complaints arising from such violations.