A bill to amend titles XVIII and XIX of the Social Security Act to ensure that individuals enjoy the right to be free from restraint, and for other purposes.
Allows the imposition of restraints: (1) only to ensure physical safety of the individual or others in the provider's care; and (2) only upon the written order of a physician specifying the duration and circumstances under which restraints 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). Requires the service provider to investigate the sentinel event reported and the appropriate agencies or entities to review and approve the provider's root cause analysis before reporting on the matter to the Secretary for use in the Sentinel Events Database.
Directs the Secretary to establish such Database for use on the Internet, with appropriate privacy safeguards for individuals whose treatment is the subject of a report under this Act.
Requires additional reporting in certain cases, including: (1) to the Secretary about a provider identified as having a pattern of poor performance; and (2) to the State Attorney General or the appropriate State law enforcement agency in sentinel events involving death. Mandates sanctions for failure to report. Bars disclosure or discovery of a root cause analysis in a civil action.
Introduced in Senate
Read twice and referred to the Committee on Finance.
Committee on Finance. Hearings held.
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