United States 117th Congress Status: In Committee 1 D cosponsors

HR 8468 — Preventing Abuse and Neglect of Vulnerable Americans Act of 2022

Last action — Referred to the House Committee on Energy and Commerce.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Preventing Abuse and Neglect of Vulnerable Americans Act of 2022 This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish specified information on its website relating to deficiencies of Medicaid intermediate care facilities for individuals with intellectual disabilities, including information regarding inspections, complaints, and administrative actions. The CMS must also (1) develop and publish a standardized complaint form for such facilities; and (2) convene an advisory council to recommend ways to prevent abuse, neglect, and exploitation in such facilities. The bill also allows Medicaid and Medicare providers (e.g., skilled nursing facilities) to access, through the National Practitioner Data Bank, disciplinary information for affiliated physicians and other health care practitioners, as reported by state licensing authorities.

Bill Text

Sections of law this bill changes

2 sections in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Social security · 42 U.S.C. ch. 7 2 sections
  • § 1320a-7j Accountability requirements for facilities Amends

    42 U.S.C. § 1320a-7j

    The law today

    (a) Definition of facility In this section, the term “facility” means— (1) a skilled nursing facility (as defined in section 1395i–3(a) of this title); or (2) a nursing facility (as defined in section 1396r(a) of this title). (b) Effective compliance and ethics programs (1) Requirement On or after the date that is 36 months after March 23, 2010, a facility shall, with respect to the entity that operates the facility (in this subparagraph 1 referred to as the “operating organization” or “organization”), have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations under this chapter and in promoting quality of care consistent with regulations developed under paragraph (2). (2) Development of regulations (A) In general Not later than the date that is 2 years after March 23, 2010, the Secretary, working jointly with the Inspector General of the Department of Health and Human Services, shall promulgate regulations for an effective compliance and ethics program for operating organizations, which may include a model compliance program. (B) Design of regulations Such regulations with respect to specific elements or formality of a program shall, in the case of an organization that operates 5 or more facilities, vary with the size of the organization, such that larger organizations should have a more formal program and include established written policies defining the standards and procedures to be followed by its employees. Such requirements may specifically apply to the corporate level management of multi unit nursing home chains. (C) Evaluation Not later than 3 years after the date of the promulgation of regulations under this paragraph, the Secretary shall complete an evaluation of the compliance and ethics programs required to be established under this subsection. Such evaluation shall determine if such programs led to changes in deficiency citations, changes in quality performance, or changes in other metrics of patient quality of care. The Secretary shall submit to Congress a report on such evaluation and shall include in such report such recommendations regarding changes in the requirements for such programs as the Secretary determines appropriate. (3) Requirements for compliance and ethics programs In this subsection, the term “compliance and ethics program” means, with respect to a facility, a program of the operating organization that— (A) has been reasonably designed, implemented, and enforced so that it generally will be effective in preventing and detecting criminal, civil, and administrative violations under this chapter and in promoting quality of care; and (B) includes at least the required components specified in paragraph (4). (4) Required components of program The required components of a compliance and ethics program of an operating organization are the following: (A) The organization must have established compliance standards and procedures to be followed by its employees and other agents that are reasonably capable of reducing the prospect of criminal, civil, and administrative violations under this chapter. (B) Specific individuals within high-level personnel of the organization must have been assigned overall responsibility to oversee compliance with such standards and procedures and have sufficient resources and authority to assure such compliance. (C) The organization must have used due care not to delegate substantial discretionary authority to individuals whom the organization knew, or should have known through the exercise of due diligence, had a propensity to engage in criminal, civil, and administrative violations under this chapter. (D) The organization must have taken steps to communicate effectively its standards and procedures to all employees and other agents, such as by requiring participation in training programs or by disseminating publications that explain in a practical manner what is required. (E) The organizat...

    8 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 1396i Certification and approval of rural health clinics and intermediate care facilities for mentally retarded Amends

    42 U.S.C. § 1396i

    The law today

    (a) (1) Whenever the Secretary certifies a facility in a State to be qualified as a rural health clinic under subchapter XVIII, such facility shall be deemed to meet the standards for certification as a rural health clinic for purposes of providing rural health clinic services under this subchapter. (2) The Secretary shall notify the State agency administering the medical assistance plan of his approval or disapproval of any facility in that State which has applied for certification by him as a qualified rural health clinic. (b) (1) The Secretary may cancel approval of any intermediate care facility for the mentally retarded at any time if he finds on the basis of a determination made by him as provided in section 1396a(a)(33)(B) of this title that a facility fails to meet the requirements contained in section 1396a(a)(31) of this title or section 1396d(d) of this title, or if he finds grounds for termination of his agreement with the facility pursuant to section 1395cc(b) of this title. In that event the Secretary shall notify the State agency and the intermediate care facility for the mentally retarded that approval of eligibility of the facility to participate in the programs established by this subchapter and subchapter XVIII shall be terminated at a time specified by the Secretary. The approval of eligibility of any such facility to participate in such programs may not be reinstated unless the Secretary finds that the reason for termination has been removed and there is reasonable assurance that it will not recur. (2) Any intermediate care facility for the mentally retarded which is dissatisfied with a determination by the Secretary that it no longer qualifies as a 1 intermediate care facility for the mentally retarded for purposes of this subchapter, shall be entitled to a hearing by the Secretary to the same extent as is provided in section 405(b) of this title and to judicial review of the Secretary’s final decision after such hearing as is provided in section 405(g) of this title, except that, in so applying such sections and in applying section 405(l) of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively. Any agreement between such facility and the State agency shall remain in effect until the period for filing a request for a hearing has expired or, if a request has been filed, until a decision has been made by the Secretary; except that the agreement shall not be extended if the Secretary makes a written determination, specifying the reasons therefor, that the continuation of provider status constitutes an immediate and serious threat to the health and safety of patients, and the Secretary certifies that the facility has been notified of its deficiencies and has failed to correct them.

    3 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 42 U.S.C. § 1396r

How this bill changes current law

4 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill requires the Secretary of Health and Human Services to publicly disclose information regarding intermediate care facilities for individuals with intellectual disabilities under the Medicaid program.

  • 42 U.S.C. 1396i

    (c) Not later than 2 years after the date of the enactment of this subsection, the Secretary shall, in order to increase transparency, include on the official internet website of the Federal Government for Medicaid beneficiaries, with respect to each intermediate care facility described in subsection (b) eligible to participate in the program established under this title, the following information in a manner that is posted in a prominent location, updated on a timely basis, easily accessible, readily understandable to consumers of services for individuals with intellectual disabilities, and searchable: (1) Information regarding the performance of such facility, including-- (A) results from the 3 most recent surveys conducted with respect to such facility under the State survey and certification process, 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 response of such facility to such reports. (2) The standardized complaint form developed 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 survey 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 level of citation and any immediate jeopardy citations.

    This change mandates that the Secretary collect and make available specific performance and complaint-related information about intermediate care facilities to enhance transparency for consumers.

  • 42 U.S.C. 1320a-7j

    (i) Application of Certain Provisions to Intermediate 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).

    This addition ensures that provisions applicable to facilities under section 1128I are also applicable to intermediate care facilities for individuals with intellectual disabilities.

  • 42 U.S.C. 1396r-2(b)(6)

    and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986) → , 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)), and providers of items or services under a State plan under this title (or a waiver of such a plan)

    This change expands the definitions for accessing the National Practitioner Data Bank to include a wider range of entities involved in Medicare and Medicaid.

  • 42 U.S.C. 1396r-2(b)(6)

    such hospitals or other health care entities → such hospitals, health care entities, providers, or suppliers

    This modifies the text to broaden the scope of entities capable of accessing information from the National Practitioner Data Bank.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Energy and Commerce.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does HR 8468 do?
Preventing Abuse and Neglect of Vulnerable Americans Act of 2022 This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish specified information on its website relating to deficiencies of Medicaid intermediate care facilities for individuals with intellectual disabilities, including information regarding inspections, complaints, and administrative actions. The CMS must also (1) develop and publish a standardized complaint form for such facilities; and (2) convene an advisory council to recommend ways to prevent abuse, neglect, and exploitation in such facilities. The bill also allows Medicaid and Medicare providers (e.g., skilled nursing facilities) to access, through the National Practitioner Data Bank, disciplinary information for affiliated physicians and other health care practitioners, as reported by state licensing authorities.
Who sponsors HR 8468?
HR 8468 is sponsored by Gallego, Ruben (Democratic).
What is the current status of HR 8468?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 8468?
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