S.750 - Compassionate Care Act of 1999106th Congress (1999-2000)
|Sponsor:||Sen. Dodd, Christopher J. [D-CT] (Introduced 03/25/1999)|
|Committees:||Senate - Health, Education, Labor, and Pensions|
|Latest Action:||Senate - 03/25/1999 Read twice and referred to the Committee on HELP. (All Actions)|
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Text: S.750 — 106th Congress (1999-2000)All Information (Except Text)
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Introduced in Senate (03/25/1999)
[Congressional Bills 106th Congress] [From the U.S. Government Printing Office] [S. 750 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 750 To protect the rights of residents of certain federally funded hospitals. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 25, 1999 Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To protect the rights of residents of certain federally funded hospitals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Compassionate Care Act of 1999''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``PART G--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES ``SEC. 581. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN FACILITIES. ``(a) In General.--A public or private general hospital, nursing facility, intermediate care facility, residential treatment center, or other health care facility, that receives assistance in any form from any program supported in whole or in part with Federal funds shall protect and promote the rights of each resident of the facility, including the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience. ``(b) Requirements.--Physical or chemical restraints may only be imposed on a resident of a facility described in subsection (a) if-- ``(1) the imposition of the restraints are to ensure the physical safety of the resident or others; and ``(2) the restraints and seclusion are imposed only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary until such an order could reasonably be obtained). ``(c) Definitions.--In this section: ``(1) Chemical restraint.--The term `chemical restraint' means the use of a psychopharmacologic drug that is imposed for purposes of discipline or convenience and is not required to treat a medical symptom. ``(2) Physical restraint.--The term `physical restraint' means any mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely, that is imposed for purposes of discipline or convenience, and that is not required to treat a medical symptom. Such term does not include devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, and other methods involving the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the patient from falling out of bed or to permit a patient to participate in activities without the risk of physical harm to the patient. ``(3) Seclusion.--The term `seclusion' means any separation of the resident from the general population of the facility that prevents the resident from returning to such population when he or she desires, that is imposed for purposes of discipline or convenience, and that is not required to treat a medical symptom. ``SEC. 582. REPORTING REQUIREMENT. ``(a) In General.--Each facility to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies shall notify the appropriate Protection and Advocacy system of each death that occurs at each such facility. A notification under this subsection shall include the name of the resident and a general description of the circumstances of his or her death, and shall be provided not later than 7 days after the date of the death of the individual involved. ``(b) Definitions.--In subsection (a): ``(1) Facility.--The term `facility' has the meaning given the term `facilities' in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(3)). ``(2) Protection and advocacy system.--The term `Protection and Advocacy system' means a system established under part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.).''. SEC. 3. INVESTIGATIONS OF CERTAIN DEATHS AND INJURIES. Section 105(a)(1) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10805(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the semicolon at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) investigate the death or serious injury (any significant impairment of the physical condition of the individual, including any burn, laceration, internal injury, or any injury that occurs as a result of repeated harm to any organ) of an individual with a mental illness if the death or serious injury occurred at a facility to which this Act applies;''. SEC. 4. REGULATIONS AND ENFORCEMENT. (a) Training.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with appropriate State and local protection and advocacy organizations, shall promulgate regulations that require facilities to which the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.) applies, to meet the requirements of subsection (b). (b) Requirements.--The regulations promulgated under subsection (a) shall require that-- (1) facilities described in subsection (a) ensure that appropriate staff levels are maintained within such facilities; (2) appropriate training be provided for the staff of such facilities in the use of restraints and any alternatives to the use of restraints; and (3) such facilities provide complete and accurate notification of deaths, as required under section 582(a) of the Public Health Service Act (as added by section 2). (c) Enforcement.--A facility to which this Act (or an amendment made by this Act) applies, that fails to comply with any requirement of this Act (or such an amendment), including a failure to provide appropriate training, shall not be eligible for participation in any Federally funded program. <all>