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    ALERT: SUPPORT NEEDED FOR CONGRESSIONAL RESOLUTION -- HHS MUST PROMULGATE REGULATIONS FOR CHILDREN S HEALTH ACT OF 2000, PART H Background: The Children s
    Message 1 of 1 , Mar 23, 2006
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      ALERT: SUPPORT NEEDED FOR CONGRESSIONAL RESOLUTION --
      HHS MUST PROMULGATE REGULATIONS FOR CHILDREN'S HEALTH ACT OF 2000,
      PART H

      Background: The Children's Health Act of 2000 added part H to title
      V of the Public Health Service Act to provide protections for
      residents of health care facilities, including children, with
      respect to the use of restraints and involuntary seclusion. We are
      now more than 4 years past the date by which regulations should have
      been written and promulgated, and injuries and deaths from the use
      of restraint and seclusion at such facilities continue to occur.
      Members of TASH, The Family Alliance to Stop Abuse and Neglect, and
      other advocacy organizations have continued to bring this problem to
      the attention of Congress.

      Action needed: In response to our efforts, U.S. Rep. Vito Fossella
      (D - NY) has introduced the Concurrent Resolution below. Please
      contact your Congressional representative and request that he/she
      become a co-sponsor. Rep. Fossella would also like to receive
      letters supporting the resolution from organizations and individuals
      that have a stake in seeing protections implemented..


      Contact info:

      The Honorable Vito Fossella
      United States House of Representatives
      1239 Longworth House Office Building
      Washington, D.C. 20515-3213
      202-225-3371
      202-226-1272
      http://www.house.gov/fossella/email/



      CONCURRENT RESOLUTION:

      ---------------------------------------------------------------------
      -----------
      Expressing the sense of Congress that the Secretary of Health and
      Human Services should promulgate as expeditiously as possible
      regulations required under the Public Health Service... (Introduced
      in House)

      HCON 363 IH


      109th CONGRESS

      2d Session

      H. CON. RES. 363
      Expressing the sense of Congress that the Secretary of Health and
      Human Services should promulgate as expeditiously as possible
      regulations required under the Public Health Service Act, relating
      to protections for residents of certain facilities with respect to
      the use of restraints and involuntary seclusion.


      IN THE HOUSE OF REPRESENTATIVES

      March 16, 2006
      Mr. FOSSELLA (for himself and Ms. ESHOO) submitted the following
      concurrent resolution; which was referred to the Committee on Energy
      and Commerce


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      -----------


      CONCURRENT RESOLUTION
      Expressing the sense of Congress that the Secretary of Health and
      Human Services should promulgate as expeditiously as possible
      regulations required under the Public Health Service Act, relating
      to protections for residents of certain facilities with respect to
      the use of restraints and involuntary seclusion.

      Whereas in 2000, Congress passed the Children's Health Act of 2000
      that amended the Public Health Service Act to provide improved and
      more comprehensive health services for children in the United
      States;

      Whereas the Children's Health Act of 2000 added part H to title V of
      the Public Health Service Act to provide protections for residents
      of health care facilities, including children, with respect to the
      use of restraints and involuntary seclusions;

      Whereas section 593(a) of such part H requires the Secretary of
      Health and Human Services, not later than October 17, 2001, to
      promulgate regulations that require facilities to which the
      Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42
      U.S.C. 10801 et seq.) applies to meet requirements relating to the
      employment of an adequate number of staff, appropriate training in
      the use of restraints, and the provision of accurate notification of
      deaths of residents of such facilities while such a resident is
      restrained or in involuntary seclusion;

      Whereas the Centers for Medicare & Medicaid Services began to
      develop such regulations, but more than four years have passed since
      the deadline for the promulgation of such regulations and the
      Secretary has not yet promulgated such regulations; and

      Whereas during the four years since such deadline, several cases
      have been reported of children in medical and non-medical facilities
      who were severely injured or killed while (or shortly after) being
      restrained at such facilities: Now, therefore, be it


      Resolved by the House of Representatives (the Senate concurring),
      That it is the sense of Congress that the Secretary of Health and
      Human Services should promulgate as expeditiously as possible the
      regulations required under section 593(a) of the Public Health
      Service Act.
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