Page:United States Statutes at Large Volume 106 Part 2.djvu/336

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106 STAT. 1216 PUBLIC LAW 102-375—SEPT, 30, 1992 grams in effect under sections 307(a)(12) and 712 of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) to residents of long-term care facilities (as defined in section 102 of such Act); (2) the effectiveness of the programs in providing the services to the residents, including residents of board and care facilities (as defined in section 102 of such Act) and of similar adult care facilities; (3) the adequacy of Federal and other resources available to carry out the programs on a statewide basis in each State; (4) compliance and barriers to such compliance of the States in carrying out the programs; (5) any actual and potential conflicts of interest in the administration and operation of the programs; and (6) the need for and feasibility of providing ombudsman services to older individuals (as denned in section 102 of such Act) who are not in long-term care facilities and who use long-term care services and other health care services, by analyzing and assessing current State agency practices in programs in which the State Long-Term Care Ombudsmen provide services to older individuals in settings in addition to longterm care facilities, teiking into account variations in— (A) settings where services are provided; (B) the types of clients served; (C) the types of complaints and problems handled; (D) State regulation of long-term care provided in settings other than long-term care facilities; and (E) possible conflicts of interest between the State Long-Term Care Ombudsman programs under such Act and area agencies on aging (as defined in section 102 of such Act) who provide to older individuals long-term care services both in such settings and in long-term care facilities. 42 USC 3001 SEC. 212. STUDY ON BOARD AND CARE FACILITY QUALITY. "°*®' (a) ARRANGEMENT FOR STUDY COMMITTEE.— The Secretary of Health and Human Services shall enter into an arrangement, in accordance with subsection (d), to establish a study committee described in subsection (c) to conduct a study through the Institute of Medicine of the National Academy of Sciences on the quality of board and care facilities for older individuals (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.)) and the disabled. (b) SCOPE OF STUDY.— The study shall include— (1) an examination of existing quality, health, and safety requirements for board and care facilities and the enforcement of such requirements for their adequacy and effectiveness, with special attention to their effectiveness in promoting good personal care; (2) an examination of, and recommendations with respect to, the appropriate role of Federal, State, and local governments in assuring the health and safety of residents of board and care facilities; and (3) specific recommendations to the Congress and the Secretary, by not later than 20 months after the date of the enactment of this Act, concerning the establishment of minimum national standards for the quality, health, and safety