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Current Legislation
in Congress and the Senate |
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October 6th, 2005 |
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HR 3999 IH
109th CONGRESS
1st Session
H. R. 3999
To direct the Secretary of
Homeland Security to establish the National Emergency Family Locator
System.
IN THE HOUSE OF
REPRESENTATIVES
October 6, 2005
Ms. MILLENDER-MCDONALD introduced the
following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee
on Education and the Workforce, 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 direct the Secretary of
Homeland Security to establish the National Emergency Family Locator
System.
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 `National
Emergency Family Locator Act'.
SEC. 2. DEFINITIONS.
In this Act:
(1) DEPARTMENT- The term `Department' means the Department of
Homeland Security.
(2) EMERGENCY- The term `emergency' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(3) SECRETARY- The term `Secretary' means the Secretary of
Homeland Security.
(4) SYSTEM- The term `System' means the National Emergency
Family Locator System established under section 3(a).
SEC. 3. NATIONAL EMERGENCY FAMILY
LOCATOR SYSTEM.
SEC. 4. FAMILY PREPAREDNESS PLAN
PUBLIC OUTREACH PROGRAM.
The Secretary, in consultation with
the Secretary of Education, shall conduct a public outreach
program through public school districts to educate families on how
to create a family preparedness plan for actions to take in the
event of a disaster in which family members are separated.
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September 7th, 2005 |
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National Emergency Family Locator Act (Introduced in Senate)[S.1630.IS] |
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To direct the Secretary
of Homeland Security to establish the National Emergency Family
Locator System.
IN THE SENATE OF THE UNITED STATES
September 7, 2005
Mr. OBAMA introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
A BILL
To direct the Secretary of
Homeland Security to establish the National Emergency Family Locator
System.
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 `National
Emergency Family Locator Act'.
SEC. 2. DEFINITIONS.
In this Act:
(1) DEPARTMENT- The term `Department' means the Department of
Homeland Security.
(2) EMERGENCY- The term `emergency' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(3) SECRETARY- The term `Secretary' means the Secretary of
Homeland Security.
(4) SYSTEM- The term `System' means the National Emergency
Family Locator System established under section 3(a).
SEC. 3. NATIONAL EMERGENCY FAMILY
LOCATOR SYSTEM.
SEC. 4. AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be
appropriated such sums as are necessary to carry out this Act.
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IN THE CONGRESS OF THE
UNITED STATES
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May 24, 2005 |
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Elaine Sullivan
Act (Introduced in House)[H.R.2560.IH] |
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109th CONGRESS
1st SessionH.
R. 2560
To amend title XVIII of the
Social Security Act to require, as a condition of participation in
the Medicare Program, that hospitals make reasonable efforts to
contact a family member, specified healthcare agent, or surrogate
decisionmaker of a patient who arrives at a hospital emergency
department unconscious or otherwise physically incapable of
communicating with the attending health care practitioners of the
hospital, and for other purposes.
IN THE HOUSE OF
REPRESENTATIVES
May 24, 2005
Mr. JACKSON of Illinois introduced
the following bill; which was referred to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and Means,
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 amend title XVIII of the
Social Security Act to require, as a condition of participation in
the Medicare Program, that hospitals make reasonable efforts to
contact a family member, specified healthcare agent, or surrogate
decisionmaker of a patient who arrives at a hospital emergency
department unconscious or otherwise physically incapable of
communicating with the attending health care practitioners of the
hospital, 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 `Elaine
Sullivan Act'.
SEC. 2. REQUIREMENT FOR EMERGENCY
DEPARTMENTS TO CONTACT FAMILY MEMBERS, SPECIFIED HEALTHCARE AGENT,
OR SURROGATE DECISIONMAKER OF INCAPACITATED PATIENTS WITHIN 24 HOURS
OF ARRIVAL AT THE EMERGENCY DEPARTMENT.
(a) In General- Section 1866(a)(1) of
the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
(1) in subparagraph (U), by striking `and' at the end;
(2) in subparagraph (V), by striking the period at the end and
inserting `, and'; and
(3) by inserting after subparagraph (V) the following new
subparagraph:
`(W) in the case of a hospital (as defined in section 1861(e))
with an emergency department, to adopt and enforce a policy to
ensure compliance with the requirements of subsection (k)
(relating to requirements to make reasonable efforts to contact
certain individuals in the case of a patient who is unconscious
or physically unable to communicate with staff of the
hospital).'.
(b) Requirement to Contact Family Members or Other Individuals
With Authority to Make Health Care Decisions- Section 1866 of such
Act (42 U.S.C. 1395cc) is amended by adding at the end the
following new subsection:
`(k)(1)(A) In the case of a hospital (as defined in section
1861(e)) with an emergency department, if any individual arrives
at the emergency department requiring medical treatment and is
unconscious or otherwise unable to communicate with a health care
professional of the department, the hospital shall take reasonable
measures (described in paragraph (3)) to identify and contact a
person the hospital reasonably believes has the authority to make
health care decisions on behalf of the individual.
`(B) A person referred to in
subparagraph (A) is any of the following:
`(i) An immediate family member.
`(ii) A person authorized to make health care decisions for the
individual under a durable power of attorney for health care,
recognized under State law (whether by statute or as recognized
by the courts of the State).
`(2)(A) The hospital shall take the reasonable measures as soon as
practicable, but, subject to subparagraph (B), in no case later
than the end of the 24-hour period that begins at the point in
time that a health care professional of the emergency department
of the hospital determines that the individual is unconscious or
otherwise unable to communicate.
`(B)(i) The 24-hour period under
subparagraph (A) shall not apply during any period in which the
hospital implements a disaster and mass casualty program or a fire
and internal disaster program, or during a declared state of
emergency (as defined in clause (ii)) or other local mass casualty
situation.
`(ii) For purposes of clause (i), the
term `declared state of emergency' means an officially designated
state of emergency that has been declared by the Federal
Government or a State or local government official having
authority to declare that the State, county, municipality, or
locality is in a state of emergency.
`(3) Reasonable measures referred to
in paragraph (1) include the following:
`(A) Contacting the emergency
contact, family member, surrogate decisionmaker, or other health
care agent identified from personal effects of the individual.
`(B) Examining medical records in the hospital's possession,
including a review of any verbal or written report made by
emergency medical technicians or the police with respect to the
individual.
`(C) Insofar as actions under subparagraphs (A) and (B) are
unsuccessful, contacting the hospital's social service
department or the appropriate local law enforcement agency.
`(4) The provisions of this subsection do not preempt any State or
local law requirement, except to the extent that the requirement
directly conflicts with a requirement of this subsection.'.
(c) Effective Date- The amendments
made by this section shall apply to hospitals as of the date that
is one year after the date of the enactment of this Act.
SEC. 3. GRANT PROGRAM FOR THE
ESTABLISHMENT OF NEXT OF KIN REGISTRIES.
(a) In General- The Secretary of
Health and Human Services is authorized to make grants to
qualified not-for-profit organizations for the purpose of
assisting such organizations to establish and operate voluntary
next of kin registries.(b)
Next of Kin Registry Described- A next of kin registry is an
electronic search service to help individuals, and family members
of those individuals, who are missing, injured, or deceased. A
next of kin registry is a free service to the public, health care
providers and institutions, and governmental agencies using the
search service.
(c) Awarding of Grants-
(1) APPLICATION- No grant may be made under this section except
pursuant to a grant application that is submitted and approved
in a time, manner, and form specified by the Secretary.
(2) LIMITATION ON GRANTS- Only 1 grant may be awarded under this
section with respect to any qualified not-for-profit
organizations.
(d) Terms and Conditions-
(1) IN GENERAL- Grants under this section shall be made under
such terms and conditions as the Secretary specifies consistent
with this section.
(2) USE OF GRANT FUNDS- Funds provided under grants under this
section may be used for any of the following:
(A) For purchasing, leasing, and installing computer software
and hardware.
(B) Making upgrades and other improvements to existing
computer software and hardware.
(C) Providing education and training to eligible staff on the
use of technology to implement next-of-kin registries.
(3) PROVISION OF INFORMATION- As a condition for the awarding of
a grant under this section, an applicant shall provide to the
Secretary such information as the Secretary may require in order
to--
(A) evaluate the project for which the grant is made; and
(B) ensure that funding provided under the grant is expended
only for the purposes for which it is made.
(4) AUDIT- The Secretary shall conduct appropriate audits of
grants under this section.
(e) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section such sums as may be
necessary for each of fiscal years 2006 through 2010.
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