Latonya Reeves Freedom Act of 2022
This bill prohibits government entities and insurance providers from denying community-based services to individuals with disabilities that require long-term service or support that would enable such individuals to live in the community and lead an independent life.
Specifically, these entities may not discriminate against such individuals in the provision of community-based services by such actions as imposing prohibited eligibility criteria, cost caps, or waiting lists or failing to provide a specific community-based service. Additionally, community-based services must be offered to individuals with such disabilities prior to institutionalization. Institutionalized individuals must be notified regularly of community-based alternatives.
The bill requires the Department of Justice to issue regulations requiring government entities and insurance providers to offer community-based long-term services to individuals with such disabilities who would otherwise qualify for institutional placement. Government entities must ensure sufficient availability of affordable, accessible, and integrated housing that is not a disability-specific residential setting or a setting where services are tied to tenancy.
Regulations shall also (1) require government entities and insurance providers to perform self-evaluation on current services, policies, and practices and concerning compliance with requirements of this bill; and (2) require government entities to submit a transition plan. The bill provides funds for FY2022 for the Department of Health and Human Services to provide technical assistance with respect to transition plans.
The bill allows civil actions by individuals subjected to, or about to be subjected to, a violation of its requirements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6860 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6860
To prohibit discrimination against individuals with disabilities who
need long-term services and supports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2022
Ms. Clarke of New York (for herself, Mr. Cohen, Mr. Yarmuth, Ms.
Schakowsky, Mr. Doggett, Mr. Fitzpatrick, Mr. Tonko, Mr. Danny K. Davis
of Illinois, Mr. Langevin, Ms. Norton, Mr. Raskin, Mrs. Bustos, Mr.
David Scott of Georgia, Mr. Delgado, Mr. Garcia of Illinois, Mr.
Bowman, Ms. Wasserman Schultz, Mr. Kilmer, Mr. Moulton, Ms. Houlahan,
Ms. Bonamici, Mr. Keating, Mr. Morelle, Mr. Suozzi, Mr. Stanton, Mr.
Thompson of Mississippi, Ms. McCollum, Mr. Smith of Washington, Mr.
Johnson of Georgia, Ms. Sewell, Mr. Cicilline, Mr. Connolly, Mr.
Carson, Ms. Tlaib, Mr. Vargas, Mrs. McBath, Mr. Deutch, Mr. Correa, Mr.
Perlmutter, Ms. Titus, Ms. Adams, Mr. Levin of Michigan, Mr. Grijalva,
Mr. DeSaulnier, Ms. Pressley, Mr. Evans, and Mr. Garamendi) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prohibit discrimination against individuals with disabilities who
need long-term services and supports, and for other purposes.
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 ``Latonya Reeves Freedom Act of
2022''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to clarify and strengthen the integration mandate of
the Americans with Disabilities Act of 1990, held by the
Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999) in a
manner that accelerates and improves State compliance;
(2) to ensure that States provide long-term services and
supports to individuals with disabilities in a manner that
allows individuals with disabilities to live in the most
integrated setting, including the individual's own home, have
maximum control over their services and supports, and ensure
that long-term services and supports are provided in a manner
that allows individuals with disabilities to lead an
independent life;
(3) to establish a comprehensive State planning requirement
that includes enforceable, measurable objectives that are
designed to transition individuals with all types of
disabilities at all ages out of institutions and into the most
integrated setting, if they choose that transition; and
(4) to identify and address racial, ethnic, geographic,
socioeconomic, sexual orientation, gender identity, and other
disparities in the provision of community-based long-term
services and supports.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--In this Act:
(1) Activities of daily living.--The term ``activities of
daily living'' has the meaning given the term in section
441.505 of title 42, Code of Federal Regulations (or a
successor regulation).
(2) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Administration for
Community Living; or
(B) another designee of the Secretary of Health and
Human Services.
(3) Community-based.--The term ``community-based'', when
used in reference to services or supports, means services or
supports that are provided to an individual with an LTSS
disability to enable that individual to live in the community
and lead an independent life, and that are delivered in
whichever setting the individual with an LTSS disability has
chosen out of the following settings with the following
qualities:
(A) In the case of a dwelling or a nonresidential
setting (such as a setting in which an individual with
an LTSS disability receives day services and supported
employment), a dwelling or setting--
(i) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, is integrated into the greater
community and supports, for each individual
with an LTSS disability who receives services
or supports at the setting--
(I) full access to the greater
community (including access to
opportunities to seek employment and
work in competitive integrated
settings, engage in community life,
control personal resources, and receive
services in the community); and
(II) access to the greater
community to the same extent as access
to the community is enjoyed by an
individual who is not receiving long-
term services or supports;
(ii) that the individual has selected as a
meaningful choice from among nonresidential
setting options, including nondisability-
specific settings;
(iii) in which an individual has rights to
privacy, dignity, and respect, and freedom from
coercion and restraint;
(iv) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, optimizes, but does not regiment,
individual initiative, autonomy, and
independence in making life choices, including
choices about daily activities, physical
environment, and persons with whom the
individual interacts; and
(v) that, as a matter of infrastructure,
environment, amenities, location, services, and
features, facilitates individual choice
regarding the provision of services and
supports, and who provides those services and
supports.
(B) In the case of a dwelling, a dwelling--
(i) that is owned by an individual with an
LTSS disability or the individual's family
member;
(ii) that is leased to the individual with
an LTSS disability under an individual lease,
that has lockable access and egress, and that
includes living, sleeping, bathing, and cooking
areas over which an individual with an LTSS
disability or the individual's family member
has domain and control; or
(iii) that is a group or shared residence--
(I) in which no more than 4
unrelated individuals with an LTSS
disability reside;
(II) for which each individual with
an LTSS disability living at the
residence owns, rents, or occupies the
residence under a legally enforceable
agreement under which the individual
has, at a minimum, the same
responsibilities and protections as
tenants have under applicable landlord-
tenant law;
(III) in which each individual with
an LTSS disability living at the
residence--
(aa) has privacy in the
individual's sleeping unit,
including a lockable entrance
door controlled by the
individual;
(bb) shares a sleeping unit
only if such individual and the
individual sharing the unit
choose to do so, and if
individuals in the residence so
choose, they also have a choice
of roommates within the
residence;
(cc) has the freedom to
furnish and decorate the
individual's sleeping or living
unit as permitted under the
lease or other agreement;
(dd) has the freedom and
support to control the
individual's own schedules and
activities; and
(ee) is able to have
visitors of the individual's
choosing at any time; and
(IV) that is physically accessible
to the individual with an LTSS
disability living at the residence.
(4) Dwelling.--The term ``dwelling'' has the meaning given
the term in section 802 of the Fair Housing Act (42 U.S.C.
3602).
(5) Health-related tasks.--The term ``health-related
tasks'' means specific nonacute tasks, typically regulated by
States as medical or nursing tasks that an individual with a
disability may require to live in the community, including--
(A) administration of medication;
(B) assistance with use, operation, and maintenance
of a ventilator; and
(C) maintenance and use of a gastrostomy tube, a
catheter, or a stable ostomy.
(6) Individual with a disability.--The term ``individual
with a disability'' means an individual who is a person with a
disability, as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(7) Individual with an ltss disability.--The term
``individual with an LTSS disability'' means an individual with
a disability who--
(A) in order to live in the community and lead an
independent life requires assistance in accomplishing--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii); and
(B)(i) is currently in an institutional placement;
or
(ii) is at risk of institutionalization if the
individual does not receive community-based long-term
services and supports.
(8) Institution.--The term ``institution'' means--
(A) a skilled nursing facility (as defined in
section 1819(a) of the Social Security Act (42 U.S.C.
1395i-3(a)));
(B) a nursing facility (as defined in section
1919(a) of such Act (42 U.S.C. 1396r(a)));
(C) a long-term care hospital (as described in
section 1886(d)(1)(B)(iv) of such Act (42 U.S.C.
1395ww(d)(1)(B)(iv)));
(D) a facility described in section 1905(d) of such
Act (42 U.S.C. 1396d(d));
(E) an institution which is a psychiatric hospital
(as defined in section 1861(f) of such Act (42 U.S.C.
1395x(f))) or that provides in-patient psychiatric
services in a residential setting specified by the
Secretary;
(F) an institution described in section 1905(i) of
such Act (42 U.S.C. 1396d(i)); and
(G) any congregate health care services setting
that is not community-based.
(9) Instrumental activities of daily living.--
(A) In general.--The term ``instrumental activities
of daily living'' means one or more activities related
to living independently in the community, including
activities related to--
(i) nutrition, such as preparing meals or
special diets, monitoring to prevent choking or
aspiration, or assisting with special utensils;
(ii) household chores and environmental
maintenance tasks;
(iii) communication and interpersonal
skills, such as--
(I) using the telephone or other
communications devices;
(II) forming and maintaining
interpersonal relationships; or
(III) securing opportunities to
participate in group support or peer-
to-peer support arrangements;
(iv) travel and community participation,
such as shopping, arranging appointments, or
moving around the community;
(v) care of others, such as raising
children, taking care of pets, or selecting
caregivers; or
(vi) management of personal property and
personal safety, such as--
(I) taking medication;
(II) handling or managing money; or
(III) responding to emergent
situations or unscheduled needs
requiring an immediate response.
(B) Assistance.--The term ``assistance'' used with
respect to instrumental activities of daily living,
includes support provided to an individual by another
person due to confusion, dementia, behavioral symptoms,
or cognitive, intellectual, mental, or emotional
disabilities, including support to--
(i) help the individual identify and set
goals, overcome fears, and manage transitions;
(ii) help the individual with executive
functioning, decision making, and problem
solving;
(iii) provide reassurance to the
individual; and
(iv) help the individual with orientation,
memory, and other activities related to
independent living.
(10) Long-term service or support.--The terms ``long-term
service or support'' and ``LTSS'' mean the assistance provided
to an individual with a disability in accomplishing, acquiring
the means or ability to accomplish, maintaining, or enhancing--
(A) activities of daily living;
(B) instrumental activities of daily living;
(C) health-related tasks; or
(D) other functions, tasks, or activities related
to an activity or task described in subparagraph (A),
(B), or (C).
(11) LTSS insurance provider.--The term ``LTSS insurance
provider'' means a public or private entity that--
(A) provides funds for long-term services and
supports; and
(B) is engaged in commerce or in an industry or
activity affecting commerce.
(12) Public entity.--
(A) In general.--The term ``public entity'' means
an entity that--
(i) provides or funds institutional
placements for individuals with LTSS
disabilities; and
(ii) is--
(I) a State or local government; or
(II) any department, agency, entity
administering a special purpose
district, or other instrumentality, of
a State or local government.
(B) Interstate commerce.--For purposes of
subparagraph (A), a public entity shall be considered
to be a person engaged in commerce or in an industry or
activity affecting commerce.
(b) Rule of Construction.--Nothing in subsection (a)(2) or any
other provision of this section shall be construed to preclude an
individual with a disability from receiving community-based services
and supports in an integrated community setting such as a grocery
store, retail establishment, restaurant, bank, park, concert venue,
theater, or workplace.
SEC. 4. DISCRIMINATION.
(a) In General.--No public entity or LTSS insurance provider shall
deny an individual with an LTSS disability who is eligible for
institutional placement, or otherwise discriminate against that
individual in the provision of, community-based long-term services and
supports that enable the individual to live in the community and lead
an independent life.
(b) Specific Prohibitions.--For purposes of this Act,
discrimination by a public entity or LTSS insurance provider includes--
(1) the imposition or application of eligibility criteria
or another policy that prevents or tends to prevent an
individual with an LTSS disability, or any class of individuals
with LTSS disabilities, from receiving a community-based long-
term service or support;
(2) the imposition or application of a policy or other
mechanism, such as a service or cost cap, that prevent or tends
to prevent an individual with an LTSS disability, or any class
of individuals with LTSS disabilities, from receiving a
community-based long-term service or support;
(3) a failure to provide a specific community-based long-
term service or support or a type of community-based long-term
service or support needed for an individual with an LTSS
disability, or any class of individuals with LTSS disabilities;
(4) the imposition or application of a policy, rule,
regulation, or restriction that interferes with the opportunity
for an individual with an LTSS disability, or any class of
individuals with LTSS disabilities, to live in the community
and lead an independent life, which may include a requirement
that an individual with an LTSS disability receive a service or
support (such as day services or employment services) in a
congregate or disability-specific setting;
(5) the imposition or application of a waiting list or
other mechanism that delays or restricts access of an
individual with an LTSS disability to a community-based long-
term service or support;
(6) a failure to establish an adequate rate or other
payment structure that is necessary to ensure the availability
of a workforce sufficient to support an individual with an LTSS
disability in living in the community and leading an
independent life;
(7) a failure to provide community-based services and
supports, on an intermittent, short-term, or emergent basis,
that assist an individual with an LTSS disability to live in
the community and lead an independent life;
(8) the imposition or application of a policy, such as a
requirement that an individual utilize informal support, that
restricts, limits, or delays the ability of an individual with
an LTSS disability to secure a community-based long-term
service or support to live in the community or lead an
independent life;
(9) a failure to implement a formal procedure and a
mechanism to ensure that--
(A) individuals with LTSS disabilities are offered
the alternative of community-based long-term services
and supports prior to institutionalization; and
(B) if selected by an individual with an LTSS
disability, the community-based long-term services and
supports described in subparagraph (A) are provided;
(10) a failure to ensure that each institutionalized
individual with an LTSS disability is regularly notified of the
alternative of community-based long-term services and supports
and that those community-based long-term services and supports
are provided if the individual with an LTSS disability selects
such services and supports; and
(11) a failure to make a reasonable modification in a
policy, practice, or procedure, when such modification is
necessary to allow an individual with an LTSS disability to
receive a community-based long-term service or support.
(c) Additional Prohibition.--For purposes of this Act,
discrimination by a public entity also includes a failure to ensure
that there is sufficient availability of affordable, accessible, and
integrated housing to allow an individual with an LTSS disability to
choose to live in the community and lead an independent life, including
the availability of an option to live in housing where the receipt of
LTSS is not tied to tenancy.
(d) Construction.--Nothing in this section--
(1) shall be construed--
(A) to prevent a public entity or LTSS insurance
provider from providing community-based long-term
services and supports at a level that is greater than
the level that is required by this section; or
(B) to limit the rights of an individual with a
disability under any provision of law other than this
section;
(2) shall be construed to affect the scope of obligations
imposed by any other provision of law; or
(3) shall be construed to prohibit a public entity or LTSS
insurance provider from using managed care techniques, as long
as the use of such techniques does not have the effect of
discriminating against an individual in the provision of
community-based long-term services and supports, as prohibited
by this Act.
SEC. 5. ADMINISTRATION.
(a) Authority and Responsibility.--
(1) Department of justice.--The Attorney General shall
investigate and take enforcement action for violations of this
Act.
(2) Department of health and human services.--The Secretary
of Health and Human Services, through the Administrator,
shall--
(A) review, and approve or disapprove, transition
plans submitted by public entities, under section
6(b)(10);
(B) establish a task force to assess racial,
ethnic, geographic, socioeconomic, sexual orientation,
gender identity, and other disparities in the
availability and provision of community-based long-term
services and supports, which task force shall be
responsible for--
(i) overseeing studies regarding the nature
and extent of racial, ethnic, geographic,
socioeconomic, sexual orientation, gender
identity, and other disparities in the
availability and provision of community-based
long-term services and supports and the impact
that those disparities have on the
institutionalization of individuals with LTSS
disabilities; and
(ii) submitting to Congress not later than
2 years after the date of enactment of this Act
a report on the nature and extent of racial,
ethnic, geographic, socioeconomic, sexual
orientation, gender identity, and other
disparities in the availability and provision
of community-based long-term services and
supports, including recommendations for
addressing those disparities;
(C) establish a task force to identify obstacles
that prevent individuals with LTSS disabilities from
being able to choose community-based alternatives to
institutionalization, and to recommend legislative or
executive action to address the obstacles; and
(D) refer information on violations of this Act to
the Attorney General for investigation and enforcement
action under this Act.
(b) Cooperation of Executive Departments and Agencies.--Each
Federal agency and, in particular, each Federal agency covered by
Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based
alternatives for individuals with disabilities), shall carry out
programs and activities relating to the institutionalization of
individuals with LTSS disabilities and the provision of community-based
long-term services and supports for individuals with LTSS disabilities
in accordance with this Act and shall cooperate with the Attorney
General and the Administrator to further the purposes of this Act.
SEC. 6. REGULATIONS.
(a) Issuance of Regulations.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall issue, in
accordance with section 553 of title 5, United States Code, final
regulations to carry out this Act, which shall include the regulations
described in subsection (b).
(b) Required Contents of Regulations.--
(1) Protected individuals.--The regulations shall require
each public entity and LTSS insurance provider to offer, and,
if accepted, provide community-based long-term services and
supports as required under this Act to any individual with an
LTSS disability who would otherwise qualify for institutional
placement provided or funded by the public entity or LTSS
insurance provider.
(2) Services to be provided.--The regulations issued under
this section shall require each public entity and LTSS
insurance provider to provide the Attorney General and the
Administrator (for purposes of enabling the Attorney General to
consult with the Administrator) with an assurance that the
public entity or LTSS insurance provider--
(A) ensures that individuals with LTSS disabilities
receive assistance through hands-on assistance,
training, cueing, and safety monitoring, including
access to backup systems, with--
(i) activities of daily living;
(ii) instrumental activities of daily
living;
(iii) health-related tasks; or
(iv) other functions, tasks, or activities
related to an activity or task described in
clause (i), (ii), or (iii);
(B) coordinates, conducts, performs, provides, or
funds discharge planning from acute, rehabilitation,
and long-term facilities to promote individuals with
LTSS disabilities living in the most integrated setting
chosen by the individuals;
(C) issues, conducts, performs, provides, or funds
policies and programs to promote self-direction and the
provision of consumer-directed services and supports
for all populations of individuals with LTSS
disabilities served;
(D) issues, conducts, performs, provides, or funds
policies and programs to support informal caregivers
who provide services for individuals with LTSS
disabilities; and
(E) ensures that individuals with all types of LTSS
disabilities are able to live in the community and lead
an independent life, including ensuring that the
individuals have maximum control over the services and
supports that the individuals receive, choose the
setting in which the individuals receive those services
and supports, and exercise control and direction over
their own lives.
(3) Public participation.--
(A) Public entity.--The regulations issued under
this section shall require each public entity to carry
out a public participation process in preparing the
public entity's self-evaluation under paragraph (5) and
transition plan under paragraph (10).
(B) LTSS insurance provider.--The regulations
issued under this section shall require each LTSS
insurance provider to carry out a public participation
process that involves holding a public hearing,
providing an opportunity for public comment, and
consulting with individuals with LTSS disabilities, in
preparing the LTSS insurance provider's self-evaluation
under paragraph (5).
(C) Process.--In carrying out a public
participation process under subparagraph (A) or (B), a
public entity or LTSS insurance provider shall ensure
that the process meets the requirements of
subparagraphs (A) and (C) of section 1115(d)(2) of the
Social Security Act (42 U.S.C. 1315(d)(2)), except
that--
(i) the reference to ``at the State level''
shall be disregarded; and
(ii) the reference to an application shall
be considered to be a reference to the self-
evaluation or plan involved.
(4) Additional services and supports.--The regulations
issued under this section shall establish circumstances under
which a public entity shall provide community-based long-term
services and supports under this section beyond the level of
community-based long-term services and supports which would
otherwise be required under this subsection.
(5) Self-evaluation.--
(A) In general.--The regulations issued under this
section shall require each public entity and each LTSS
insurance provider, not later than 30 months after the
date of enactment of this Act, to evaluate current
services, policies, and practices, and the effects
thereof, that do not or may not meet the requirements
of this Act and, to the extent modification of any such
services, policies, and practices is required to meet
the requirements of this Act, make the necessary
modifications. The self-evaluation shall include--
(i) collection of baseline information,
including the numbers of individuals with LTSS
disabilities in various institutional and
community-based settings served by the public
entity or LTSS insurance provider, including
demographic data that--
(I) specifies whether the
individuals are women, veterans, or
minorities; and
(II) is disaggregated by race in a
manner that captures all the racial
groups specified in the American
Community Survey conducted by the
Bureau of the Census;
(ii) a review of community capacity, in
communities served by the entity or provider,
in providing community-based long-term services
and supports;
(iii) identification of improvements needed
to ensure that all community-based long-term
services and supports provided by the public
entity or LTSS insurance provider to
individuals with LTSS disabilities are
comprehensive, are accessible, are not
duplicative of existing (as of the date of the
identification) services and supports, meet the
needs of persons who are likely to require
assistance in order to live, or lead a life, as
described in section 4(a), and are culturally
competent, high-quality services and supports,
which may include identifying system
improvements that create an option to self-
direct receipt of such services and supports
for all populations of such individuals served;
and
(iv) a review of funding sources for
community-based long-term services and supports
and an analysis of how those funding sources
could be organized into a fair, coherent system
that affords individuals reasonable and timely
access to culturally competent, community-based
long-term services and supports.
(B) Public entity.--A public entity, including an
LTSS insurance provider that is a public entity,
shall--
(i) include in the self-evaluation
described in subparagraph (A)--
(I) an assessment of the
availability of accessible, affordable
transportation across the State
involved and whether transportation
barriers prevent individuals from
receiving long-term services and
supports in the most integrated
setting; and
(II) an assessment of the
availability of integrated employment
opportunities in the jurisdiction
served by the public entity for
individuals with LTSS disabilities;
(ii) provide the self-evaluation described
in subparagraph (A) to the Attorney General;
and
(iii) make the self-evaluation described in
subparagraph (A) available on the public
internet website of the public entity.
(C) LTSS insurance provider.--An LTSS insurance
provider shall keep the self-evaluation described in
subparagraph (A) on file, and may be required to
produce such self-evaluation in the event of a review,
investigation, or action described in section 8.
(6) Additional requirement for public entities.--The
regulations issued under this section shall require a public
entity, in conjunction with the housing agencies serving the
jurisdiction served by the public entity, to review and improve
community capacity, in all communities throughout the entirety
of that jurisdiction, in providing affordable, accessible, and
integrated housing, including an evaluation of available units,
unmet need, and other identifiable barriers to the provision of
that housing. In carrying out that improvement, the public
entity, in conjunction with such housing agencies, shall--
(A) ensure, and assure the Attorney General and the
Administrator that there is, sufficient availability of
affordable, accessible, and integrated housing in a
setting that is not a disability-specific residential
setting or a setting where services are tied to
tenancy, in order to provide individuals with LTSS
disabilities a meaningful choice in their housing;
(B) in order to address the need for affordable,
accessible, and integrated housing--
(i) in the case of such a housing agency,
establish relationships with State and local
housing authorities; and
(ii) in the case of the public entity,
establish relationships with State and local
housing agencies, including housing
authorities;
(C) establish, where needed, necessary preferences
and set-asides in housing programs for individuals with
LTSS disabilities who are transitioning from or
avoiding institutional placement;
(D) establish a process to fund necessary home
modifications so that individuals with LTSS
disabilities can live independently; and
(E) ensure, and assure the Attorney General and the
Administrator, that funds and programs implemented or
overseen by the public entity or in the public entity's
jurisdiction are targeted toward affordable,
accessible, integrated housing for individuals with an
LTSS disability who have the lowest income levels in
the jurisdiction as a priority over any other
development until capacity barriers for such housing
are removed or unmet needs for such housing have been
met.
(7) Designation of responsible employee.--The regulations
issued under this section shall require each public entity and
LTSS insurance provider to designate at least one employee to
coordinate the entity's or provider's efforts to comply with
and carry out the entity or provider's responsibilities under
this Act, including the investigation of any complaint
communicated to the entity or provider that alleges a violation
of this Act. Each public entity and LTSS insurance provider
shall make available to all interested individuals the name,
office address, and telephone number of the employee designated
pursuant to this paragraph.
(8) Grievance procedures.--The regulations issued under
this section shall require public entities and LTSS insurance
providers to adopt and publish grievance procedures providing
for prompt and equitable resolution of complaints alleging a
violation of this Act.
(9) Provision of service by others.--The regulations issued
under this section shall require each public entity submitting
a self-evaluation under paragraph (5) to identify, as part of
the transition plan described in paragraph (10), any other
entity that is, or acts as, an agent, subcontractor, or other
instrumentality of the public entity with regards to a service,
support, policy, or practice described in such plan or self-
evaluation.
(10) Transition plans.--The regulations issued under this
section shall require each public entity, not later than 42
months after the date of enactment of this Act, to submit to
the Administrator and, on approval by the Administrator, begin
implementing a transition plan for carrying out this Act that
establishes the achievement of the requirements of this Act, as
soon as practicable, but in no event later than 12 years after
the date of enactment of this Act. The transition plan shall--
(A) establish measurable objectives to address the
barriers to community living identified in the self-
evaluation under paragraph (5);
(B) establish specific annual targets for the
transition of individuals with LTSS disabilities, and
shifts in funding, from institutional settings to
integrated community-based services and supports, and
related programs;
(C) describe specific efforts to support
individuals with LTSS disabilities to avoid unwanted
institutionalization through the provision of LTSS;
(D) describe the manner in which the public entity
has obtained or plans to obtain necessary funding and
resources needed for implementation of the plan
(regardless of whether the entity began carrying out
the objectives of this Act prior to the date of
enactment of this Act); and
(E) describe the steps taken to ensure that the
transition plan addresses the needs of communities of
color and lesbian, gay, bisexual, and transgender, and
other underrepresented individuals.
(11) Annual reporting.--
(A) In general.--The regulations issued under this
section shall establish annual reporting requirements
for each public entity covered by this section.
(B) Progress on objectives, targets, and efforts.--
The regulations issued under this section shall require
each public entity that has submitted a transition
plan, to make publicly available on the entity's
website an annual report on the progress the public
entity has made during the previous year in meeting the
measurable objectives, specific annual targets, and
specific efforts described in paragraph (10).
(c) Review of Transition Plans.--
(1) General rule.--The Administrator shall review a
transition plan submitted in accordance with subsection
(b)(10), not later than 90 days after receiving the plan, for
the purpose of determining whether such plan meets the
requirements of this Act, including the regulations issued
under this section.
(2) Disapproval.--If the Administrator determines that a
transition plan reviewed under this subsection fails to meet
the requirements of this Act, the Administrator shall
disapprove the transition plan and notify the public entity
that submitted the transition plan of, and the reasons for,
such disapproval.
(3) Modification of disapproved plan.--Not later than 90
days after the date of disapproval of a transition plan under
this subsection, the public entity that submitted the
transition plan shall modify the transition plan to meet the
requirements of this section and shall submit the modified plan
to the Administrator. Not later than 90 days after receiving
the modified plan, the Administrator shall review the plan and,
on approval by the Administrator, the public entity shall begin
implementing the plan.
(d) Rule of Construction.--Nothing in subsection (b)(10) or (c) or
any other provision of this Act shall be construed to limit the rights,
protections, or requirements of any other Federal law, relating to
integration of individuals with disabilities into the community and
enabling those individuals to live in the most integrated setting.
SEC. 7. EXEMPTIONS FOR RELIGIOUS ORGANIZATIONS.
This Act shall not prohibit a religious organization, association,
or society from giving preference in providing community-based long-
term services and supports to individuals of a particular religion
connected with the beliefs of such organization, association, or
society.
SEC. 8. ENFORCEMENT.
(a) Civil Action.--
(1) In general.--A civil action for preventive relief,
including an application for a permanent or temporary
injunction, restraining order, or other order, may be
instituted by an individual described in paragraph (2) in an
appropriate Federal district court.
(2) Aggrieved individual.--
(A) In general.--The remedies and procedures set
forth in this section are the remedies and procedures
this Act provides to any individual who is being
subjected to a violation of this Act, or who has
reasonable grounds for believing that such individual
is about to be subjected to such a violation.
(B) Standing.--An individual with a disability
shall have standing to institute a civil action under
this subsection if the individual makes a prima facie
showing that the individual--
(i) is an individual with an LTSS
disability; and
(ii) is being subjected to, or about to be
subjected to, such a violation (including a
violation of section 4(b)(11)).
(3) Appointment of attorney; no fees, costs, or security.--
Upon application by the complainant described in paragraph (2)
and in such circumstances as the court may determine to be
just, the court may appoint an attorney for the complainant and
may authorize the commencement of such civil action without the
payment of fees, costs, or security.
(4) Futile gesture not required.--Nothing in this section
shall require an individual with an LTSS disability to engage
in a futile gesture if such person has actual notice that a
public entity or LTSS insurance provider does not intend to
comply with the provisions of this Act.
(b) Damages and Injunctive Relief.--If the court finds that a
violation of this Act has occurred or is about to occur, the court may
award to the complainant--
(1) actual and punitive damages;
(2) immediate injunctive relief to prevent
institutionalization;
(3) as the court determines to be appropriate, any
permanent or temporary injunction (including an order to
immediately provide or maintain community-based long-term
services or supports for an individual to prevent
institutionalization or further institutionalization),
temporary restraining order, or other order (including an order
enjoining the defendant from engaging in a practice that
violates this Act or ordering such affirmative action as may be
appropriate); and
(4) in an appropriate case, injunctive relief to require
the modification of a policy, practice, or procedure, or the
provision of an alternative method of providing LTSS, to the
extent required by this Act.
(c) Attorney's Fees; Liability of United States for Costs.--In any
action commenced pursuant to this Act, the court, in its discretion,
may allow the party bringing a claim or counterclaim under this Act,
other than the United States, a reasonable attorney's fee as part of
the costs, and the United States shall be liable for costs to the same
extent as a private person.
(d) Enforcement by Attorney General.--
(1) Denial of rights.--
(A) Duty to investigate.--The Attorney General
shall investigate alleged violations of this Act, and
shall undertake periodic reviews of the compliance of
public entities and LTSS insurance providers under this
Act.
(B) Potential violation.--The Attorney General may
commence a civil action in any appropriate Federal
district court if the Attorney General has reasonable
cause to believe that--
(i) any public entity or LTSS insurance
provider, including a group of public entities
or LTSS insurance providers, is engaged in a
pattern or practice of violations of this Act;
or
(ii) any individual, including a group, has
been subjected to a violation of this Act and
the violation raises an issue of general public
importance.
(2) Authority of court.--In a civil action under paragraph
(1)(B), the court--
(A) may grant any equitable relief that such court
considers to be appropriate, including, to the extent
required by this Act--
(i) granting temporary, preliminary, or
permanent relief; and
(ii) requiring the modification of a
policy, practice, or procedure, or the
provision of an alternative method of providing
LTSS;
(B) may award such other relief as the court
considers to be appropriate, including damages to
individuals described in subsection (a)(2), when
requested by the Attorney General; and
(C) may, to vindicate the public interest, assess a
civil penalty against the public entity or LTSS
insurance provider in an amount--
(i) not exceeding $100,000 for a first
violation; and
(ii) not exceeding $200,000 for any
subsequent violation.
(3) Single violation.--For purposes of paragraph (2)(C), in
determining whether a first or subsequent violation has
occurred, a determination in a single action, by judgment or
settlement, that the public entity or LTSS insurance provider
has engaged in more than one violation of this Act shall be
counted as a single violation.
SEC. 9. TECHNICAL ASSISTANCE.
(a) In General.--The Administrator shall provide technical
assistance to public entities for purposes of creating and implementing
transition plans in accordance with section 6(b)(10).
(b) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Administrator for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, $10,000,000, to
remain available until expended, to carry out this section.
SEC. 10. CONSTRUCTION.
For purposes of construing this Act--
(1) section 4(b)(11) shall be construed in a manner that
takes into account its similarities with section
302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12182(b)(2)(A)(ii));
(2) the first sentence of section 6(b)(5)(A) shall be
construed in a manner that takes into account its similarities
with section 35.105(a) of title 28, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act);
(3) section 7 shall be construed in a manner that takes
into account its similarities with section 807(a) of the Civil
Rights Act of 1968 (42 U.S.C. 3607(a));
(4) section 8(a)(2) shall be construed in a manner that
takes into account its similarities with section 308(a)(1) of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(a)(1)); and
(5) section 8(d)(1)(B) shall be construed in a manner that
takes into account its similarities with section 308(b)(1)(B)
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12188(b)(1)(B)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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