Summary: H.R.5067 — 99th Congress (1985-1986)All Information (Except Text)

There is one summary for H.R.5067. Bill summaries are authored by CRS.

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Introduced in House (06/19/1986)

Long-Term Care Patient Advocacy Act of 1986 - Amends the Older Americans Act of 1965 to authorize ombudsmen to designate agents to perform ombudsman functions. Directs the State agency administering the programs under such Act to establish a mandatory training program for ombudsmen and their agents, providing instruction on investigative techniques and the laws and regulations pertaining to long-term care facilities. Protects ombudsmen and their agents from liability if they exercise reasonable care in pursuit of their duties.

Directs the State agency to establish: (1) a statewide register which lists information relating to reported incidents of abuse in skilled nursing or intermediate care facilities; and (2) a procedure by which an employee of such facilities or an ombudsman may enter a report in the statewide register detailing alleged incidents of abuse.

Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require ombudsmen access to patient records in skilled nursing and intermediate care facilities upon the patient's consent and the establishment of reasonable cause. Imposes civil fines and other sanctions upon skilled nursing or intermediate care facilities failing to satisfy Medicare skilled nursing facility requirements. Grants skilled nursing facilities a hearing before the imposition of sanctions. Prohibits the reinstatement of skilled nursing or intermediate care facility participation in the Medicare or Medicaid program earlier than two years from the termination of their participation by reason of their failure to satisfy program requirements.

Requires the administrative staff of skilled nursing or intermediate care facilities to clear a criminal background check. Prohibits such facilities from employing individuals within 12 months of their having been dismissed from a facility and cited in a report to the statewide register as suspected abusers of patients in such a facility.

Requires skilled nursing and intermediate care facilities to consider only the severity of an applicant's illness and the application date in deciding admissions, unless at least 80 percent of the facility's population are Medicare or Medicaid beneficiaries.

Sets forth reporting requirements regarding the quality of care and conditions at long-term and intermediate care facilities.