H.R.1313 - Patient Freedom from Restraint Act of 1999106th Congress (1999-2000)
|Sponsor:||Rep. DeGette, Diana [D-CO-1] (Introduced 03/25/1999)|
|Committees:||House - Ways and Means; Commerce|
|Latest Action:||House - 04/12/1999 Referred to the Subcommittee on Health and Environment, for a period to be subsequently determined by the Chairman. (All Actions)|
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Summary: H.R.1313 — 106th Congress (1999-2000)All Information (Except Text)
Introduced in House (03/25/1999)
Patient Freedom from Restraint Act of 1999 - Amends part D (Peer Review) of title XI of the Social Security Act (SSA) to specify Medicare and Medicaid (SSA titles XVIII and XIX) program beneficiaries' rights to freedom from restraint and other abuse while in a psychiatric hospital or other care facility or treatment center. Requires a covered facility to report sentinel events (when a program beneficiary under psychiatric or other specified care dies unexpectedly or suffers injury unrelated to his or her illness or underlying condition) to the appropriate protection and advocacy agency.
Allows the imposition of restraints only: (1) to ensure physical safety of the individual or others in the provider's care; and (2) upon the written order of a physician specifying the duration (but no more than two hours) and circumstances under which restraints and seclusion are to be used (except in emergency circumstances specified by the Secretary of Health and Human Services until such an order could reasonably be obtained). Prohibits their simultaneous use.
Requires the covered facility to provide for annual staff training on the proper use of restraints and seclusion, to make available to each resident or patient (or guardian) a statement of their rights with regard to such mechanisms along with identifying information on the appropriate protection and advocacy agencies, such information to be posted in the facility where the patients or residents can see and read it. Imposes certain recordkeeping and other reporting requirements with regard to uses of restraints and seclusion, including making available applicable medical record information to the appropriate protection and advocacy agencies for inspection and periodic reporting to the Secretary on the overall use of restraints and seclusion.
Requires the Secretary to compile and publish annually a comprehensive summary of the reports on sentinel events. Mandates sanctions for failure to report, which includes a civil money penalty for failure to file sentinel reports, and other specified violations, including those involving staff training.