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United States · Bill · HR

H.R. 9180 (95th)

A bill to amend the Social Security Act to direct the Secretary of Health, Education, and Welfare to develop and provide for the enforcement of standards relating to the rights of patients in certain medical facilities.

referredUnited States· United States Congress· EN

Introduced

19 September 1977

Last action

19 September 1977 · Introduced

Status

Referred to House Committee on Interstate and Foreign Commerce.

Sponsors

Rep. Cohen, William S. [R-ME-2], Rep. Pepper, Claude [D-FL-14], Rep. Akaka, Daniel K. [D-HI-2], Rep. Badillo, Herman [D-NY-21], Rep. Burke, Yvonne B. [D-CA-28], Rep. Collins, Cardiss [D-IL-7], JOHN CONYERS, Rep. Fary, John G. [D-IL-5], Rep. Fascell, Dante B. [D-FL-15], Rep. Fraser, Donald M. [D-MN-5], Rep. Holtzman, Elizabeth [D-NY-16], Rep. Hughes, William J. [D-NJ-2], Rep. LeFante, Joseph A. [D-NJ-14], Rep. Lehman, William [D-FL-13], Rep. Mikva, Abner J. [D-IL-10], Rep. Moakley, John Joseph [D-MA-9], Rep. Oakar, Mary Rose [D-OH-20], Rep. Ottinger, Richard L. [D-NY-24], Rep. Panetta, Leon [D-CA-16], Sen. Trible, Paul S., Jr. [R-VA], Rep. Vento, Bruce F. [D-MN-4], Rep. Waxman, Henry A. [D-CA-24], Rep. Wilson, Charles H. [D-CA-31], Rep. Wilson, Robert C. [R-CA-41], Rep. Koch, Edward I. [D-NY-18]

Subjects

Education

Source updated

1 August 2024

Education

Official sourceView documentsShare

Summary

Amends the Social Security Act to direct the Secretary of Health, Education, and Welfare to require all hospitals skilled nursing facilities, home health agencies, intermediate care facilities, and shared health facilities which participate in programs under titles XVIII (Medicare) and XIX (Medicaid) of such Act to adopt and make public a statement of the rights and responsibilities of patients in their care. Directs the Secretary to require that such statement establish specified guarantees including guarantees: (1) that the patient's civil and religious liberties will not be infringed; (2) that the patient has the right to private communications with his physician, attorney, or any other person; (3) that the patient has the right to have privacy in treatment and in caring for personal needs and confidentiality in the treatment of personal and medical records; and (4) that the patient has the right to notice and a hearing before being transferred or discharged from a facility. Directs the Secretary to provide each facility, patient and staff member with a copy of the statement of rights and the enforcement procedures and remedies available to patients, and requires further that each facility adopt a written plan for implementing such rights. Establishes a procedure for the enforcement of patients' rights. Directs the Secretary to prescribe a schedule of statutory money damages for violations of such rights. Requires State agencies responsible for inspection and enforcement of Medicare and Medicaid programs to investigate patients' complaints and to file a written report within ten days disposing of such complaints. Imposes fines upon facilities found in violation of patients' rights payable to the patient or his heirs. Allows a patient or facility to bring an original action in U.S. district court to enforce rights. Awards costs and reasonable attorney's fees to the prevailing party. Provides that damages awarded to patients shall not constitute income or resources for purposes of determining eligibility under Medicaid or any Federal or federally-assisted State program which conditions eligibility upon income or resources.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 19 September 1977

    Introduced

    Referred to House Committee on Ways and Means.

    Source: IntroReferral

  2. 19 September 1977

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 19 September 1977

    Introduced

    Introduced in House

    Source: IntroReferral

Votes

No vote records are attached yet.

Versions

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Documents

1 official file

Sponsors

Related records

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Sources

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