(1) **National Training Institute for surveyors**
(A) *In general* — The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of surveyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.].
(B) *Activities carried out by the Institute* — The contract entered into under subparagraph (A) shall require the Institute established and operated under such contract to carry out the following activities:
(i) Assess the extent to which State agencies use specialized surveyors for the investigation of reported allegations of abuse, neglect, and misappropriation of property in such programs and long-term care facilities.
(ii) Evaluate how the competencies of surveyors may be improved to more effectively investigate reported allegations of such abuse, neglect, and misappropriation of property, and provide feedback to Federal and State agencies on the evaluations conducted.
(iii) Provide a national program of training, tools, and technical assistance to Federal and State surveyors on investigating reports of such abuse, neglect, and misappropriation of property.
(iv) Develop and disseminate information on best practices for the investigation of such abuse, neglect, and misappropriation of property.
(v) Assess the performance of State complaint intake systems, in orde
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Stable record: federal_law:legal_authorities:record_usc_e000c433b5244529e2cde14b Source file: Laws/federal/codes/united-states-code/title-42/section-1395r-protecting-residents-of-long-term-care-facilities--cd44a9b2c8.md Pages: Not recorded – Not recorded Passage SHA-256: 3874dae61992df819494208ff5437ac543f6e3f73cdddac51b783b85b005ef79 Retained source evidence SHA-256: ea545793e35eeebba55044fe34609a0a0f3780d7f7c6e909f187cd2cbe90d1a5
Source location: Title 42, Chapter 7, § 1395r; chapter-007-social-security.md
Stored source content
(1) **National Training Institute for surveyors**
(A) *In general* — The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of surveyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.].
(B) *Activities carried out by the Institute* — The contract entered into under subparagraph (A) shall require the Institute established and operated under such contract to carry out the following activities:
(i) Assess the extent to which State agencies use specialized surveyors for the investigation of reported allegations of abuse, neglect, and misappropriation of property in such programs and long-term care facilities.
(ii) Evaluate how the competencies of surveyors may be improved to more effectively investigate reported allegations of such abuse, neglect, and misappropriation of property, and provide feedback to Federal and State agencies on the evaluations conducted.
(iii) Provide a national program of training, tools, and technical assistance to Federal and State surveyors on investigating reports of such abuse, neglect, and misappropriation of property.
(iv) Develop and disseminate information on best practices for the investigation of such abuse, neglect, and misappropriation of property.
(v) Assess the performance of State complaint intake systems, in order to ensure that the intake of complaints occurs 24 hours per day, 7 days a week (including holidays).
(vi) To the extent approved by the Secretary of Health and Human Services, provide a national 24 hours per day, 7 days a week (including holidays), back-up system to State complaint intake systems in order to ensure optimum national responsiveness to complaints of such abuse, neglect, and misappropriation of property.
(vii) Analyze and report annually on the following:
(I) The total number and sources of complaints of such abuse, neglect, and misappropriation of property.
(II) The extent to which such complaints are referred to law enforcement agencies.
(III) General results of Federal and State investigations of such complaints.
(viii) Conduct a national study of the cost to State agencies of conducting complaint investigations of skilled nursing facilities and nursing facilities under sections 1819 and 1919, respectively, of the Social Security Act ([42 U.S.C. 1395i–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i-3&num=0&edition=prelim); 1396r), and making recommendations to the Secretary of Health and Human Services with respect to options to increase the efficiency and cost-effectiveness of such investigations.
(C) *Authorization* — There are authorized to be appropriated to carry out this paragraph, for the period of fiscal years 2011 through 2014, $12,000,000.
(2) **Grants to State survey agencies**
(A) *In general* — The Secretary of Health and Human Services shall make grants to State agencies that perform surveys of skilled nursing facilities or nursing facilities under sections 1819 or 1919, respectively, of the Social Security Act ([42 U.S.C. 1395i–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395i-3&num=0&edition=prelim); 1395r [1396r]).
(B) *Use of funds* — A grant awarded under subparagraph (A) shall be used for the purpose of designing and implementing complaint investigations systems that—
(i) promptly prioritize complaints in order to ensure a rapid response to the most serious and urgent complaints;
(ii) respond to complaints with optimum effectiveness and timeliness; and
(iii) optimize the collaboration between local authorities, consumers, and providers, including—
(I) such State agency;
(II) the State Long-Term Care Ombudsman;
(III) local law enforcement agencies;
(IV) advocacy and consumer organizations;
(V) State aging units;
(VI) Area Agencies on Aging; and
(VII) other appropriate entities.
(C) *Authorization* — There are authorized to be appropriated to carry out this paragraph, for each of fiscal years 2011 through 2014, $5,000,000.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants** The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall make grants to States, with approved State regulatory programs under [section 1395ss of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ss&num=0&edition=prelim), that submit applications to the Secretary that meet the requirements of this section for the purpose of providing information, counseling, and assistance relating to the procurement of adequate and appropriate health insurance coverage to individuals who are eligible to receive benefits under this subchapter (in this section referred to as “eligible individuals”). The Secretary shall prescribe regulations to establish a minimum level of funding for a grant issued under this section.
**(b) Grant applications**
(1) In submitting an application under this section, a State may consolidate and coordinate an application that consists of parts prepared by more than one agency or department of such State.
(2) As part of an application for a grant under this section, a State shall submit a plan for a State-wide health insurance information, counseling, and assistance program. Such program shall—
(A) establish or improve upon a health insurance information, counseling, and assistance program that provides counseling and assistance to eligible individuals in need of health insurance information, including—
(i) information that may assist individuals in obtaining benefits and filing claims under this subchapter and subchapter XIX of this chapter;
(ii) policy comparison information for medicare supplemental policies (as described in [section 1395ss(g)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ss/g/1
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395i. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395i. Federal Hospital Insurance Trust Fund
(a) Creation; deposits; transfers from Treasury
There is hereby created on the books of the
Treasury of the United States a trust fund to be
known as the ‘‘Federal Hospital Insurance Trust
Fund’’ (hereinafter in this section referred to as
the ‘‘Trust Fund’’). The Trust Fund shall consist
of such gifts and bequests as may be made as
provided in section 401(i)(1) of this title, and
such amounts as may be deposited in, or appro-
priated to, such fund as provided in this part.
There are hereby appropriated to the Trust
Fund for the fiscal year ending June 30, 1966, and
for each fiscal year thereafter, out of any mon-
eys in the Treasury not otherwise appropriated,
amounts equivalent to 100 per centum of—
(1) the taxes imposed by sections 3101(b) and
3111(b) of the Internal Revenue Code of 1986
with respect to wages reported to the Sec-
retary of the Treasury or his delegate pursu-
ant to subtitle F of such Code after December
31, 1965, as determined by the Secretary of the
Treasury by applying the applicable rates of
tax under such sections to such wages, which
wages shall be certified by the Commissioner
of Social Security on the basis of records of
wages established and maintained by the Com-
missioner of Social Security in accordance
with such reports; and
(2) the taxes imposed by section 1401(b) of
the Internal Revenue Code of 1986 with respect
to self-employment income reported to the
Secretary of the Treasury or his delegate on
tax returns under subtitle F of such Code, as
determined by the Secretary of the Treasury
by applying the applicable rate of tax under
such section to such self-employment income,
which self-employment income shall be cer-
tified by the Commissioner of Social Securi
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395i. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395r. Amount of premiums for individuals en-
rolled under this part
(a) Determination of monthly actuarial rates and
premiums
(1) The Secretary shall, during September of
1983 and of each year thereafter, determine the
monthly actuarial rate for enrollees age 65 and
over which shall be applicable for the succeeding
calendar year. Subject to paragraphs (5), (6), and
(7), such actuarial rate shall be the amount the
Secretary estimates to be necessary so that the
aggregate amount for such calendar year with
respect to those enrollees age 65 and older will
equal one-half of the total of the benefits and
administrative costs which he estimates will be
payable from the Federal Supplementary Med-
ical Insurance Trust Fund for services per-
formed and related administrative costs in-
curred in such calendar year with respect to
such enrollees. In calculating the monthly actu-
arial rate, the Secretary shall include an appro-
priate amount for a contingency margin. In ap-
plying this paragraph there shall not be taken
into account additional payments under section
1395w–4(o) of this title and section 1395w–23(l)(3)
of this title and the Government contribution
under section 1395w(a)(3) of this title.
(2) The monthly premium of each individual
enrolled under this part for each month after
December 1983 shall be the amount determined
under paragraph (3), adjusted as required in ac-
cordance with subsections (b), (c), (f), and (i),
and to reflect any credit provided under section
1395w–24(b)(1)(C)(ii)(III) of this title.
(3) The Secretary, during September of each
year, shall determine and promulgate a monthly
premium rate for the succeeding calendar year
that (except as provided in subsection (g)) is
equal to 50 percent of the monthly actuarial
r