Page:United States Statutes at Large Volume 114 Part 2.djvu/315

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PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1197 comprehensive treatment plans, and to provide active treatment measures; "(2) appropriate training be provided for the staff of such facilities in the use of restraints and any alternatives to the use of restraints; and "(3) such facilities provide complete and accurate notification of deaths, as required under section 592(a). "(c) ENFORCEMENT.— ^A facility to which this part applies that fails to comply with any requirement of this part, including a failure to provide appropriate training, shall not be eligible for participation in any program supported in whole or in part by funds appropriated to any Federal department or agency.". SEC. 3208. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILI- TIES FOR CHILDREN AND YOUTH. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.), as amended by section 3207, is further amended by adding at the end the following: "PART I—REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN NON- MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH " SEC. 595. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS 42 USC 290ij. OF CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILI- TIES FOR CHILDREN AND YOUTH, "(a) PROTECTION OF RIGHTS. — "(1) IN GENERAL.—^A public or private non-medical, community-based facility for children and youth (as defined in regulations to be promulgated by the Secretary) that receives support in any form from any program supported in whole or in part with funds appropriated under this Act shall protect and promote the rights of each resident of the facility, including the right to be free from physical or mental abuse, corporal punishment, and any restraints or involuntary seclusions imposed for purposes of discipline or convenience. "(2) NONAPPLICABILITY. —Notwithstanding this part, a facility that provides inpatient psychiatric treatment services for individuals under the age of 21, as authorized and defined in subsections (a)(16) and (h) of section 1905 of the Social Security Act, shall comply with the requirements of part H. "(3) APPLICABILITY OF MEDICAID PROVISIONS. — A non-medical, community-based facility for children and youth funded under the Medicaid program under title XIX of the Social Security Act shall continue to meet all existing requirements for participation in such program that are not affected by this part. " (b) REQUIREMENTS.— "(1) IN GENERAL. —Ph ysical restraints and seclusion may only be imposed on a resident of a facility described in subsection (a) if— "(A) the restraints or seclusion are imposed only in emergency circumstances and only to ensure the immediate physical safety of the resident, a staff member, or others