Kelly, Sinema Introduce Legislation to Improve Care and Prevent Abuse at Residential Facilities

Today, Arizona Senators Mark Kelly and Kyrsten Sinema introduced the Preventing Abuse and Neglect of Vulnerable Americans Act to improve care standards and protect residents at Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IIDs).  

“Every individual, regardless of their abilities, deserves to be treated with dignity and receive the highest standard of care,” said Kelly. “This legislation takes critical steps to ensure transparency and accountability in facilities that serve some of the most vulnerable members of our community. By making vital quality-of-care information publicly accessible and strengthening background checks, we’re helping protect residents and prevent tragic incidents like those we’ve seen in Arizona. This is about ensuring families can trust their loved ones are safe and cared for with the respect they deserve.” 

“We’re protecting vulnerable Arizonans with intellectual and developmental disabilities from abuse and neglect by increasing accountability and transparency of intermediate care facilities, so their family members can make better-informed decisions about the care of their loved ones,” said Sinema. 

“No person with a disability should face abuse and neglect at the hands of those who were meant to protect and care for them,” says Kandi Pickard, President and CEO of the National Down Syndrome Society (NDSS). “NDSS is proud to support the Preventing Abuse and Neglect of Vulnerable Americans Act to increase accountability and quality of care at residential care facilities for individuals with intellectual and developmental disabilities, including Down syndrome. We thank Senators Kelly and Sinema for their leadership on this critical issue and urge Congress to take swift action to ensure its passage.” 

“As an organization committed to increasing the employment of people with disabilities, SourceAmerica is proud to support the Preventing Abuse and Neglect of Vulnerable Americans Act,” said Richard Belden, President and CEO of SourceAmerica. “This legislation protects the people we serve and their families by increasing both accountability and access to information among facilities providing care.” 

“Supporting the Preventing Abuse and Neglect of Vulnerable Americans Act isn’t just a legislative action—it’s a commitment to protecting the dignity and safety of those who need it most,” said Armando Contreras, United Cerebral Palsy

Background: 

ICFs/IID are long-term care facilities that serve individuals with developmental or intellectual disabilities who are often non-ambulatory, have seizure disorders, behavioral disorders, mental illness, or other medical conditions. This legislation ensures that quality-of-care information resulting from surveys at ICF/IIDs, including non-compliance that endangers individuals receiving care, must be publicly available on a website, similar to how these are currently displayed for nursing home facilities. It also allows ICF/IIDs and other health care providers to run employee background checks through the National Practitioner Data Bank. 

The bill also establishes an Advisory Council consisting of members of the disability community, family members of individuals with disabilities, states, and providers to make recommendations to Congress on steps that ICF/IIDs, States, or the Federal Government may take to prevent abuse and neglect as well as improve quality of care at ICF/IIDs. 

The bill is supported by United Cerebral Palsy, ANCOR, Arizona Coalition to End Sexual and Domestic Violence, and National Down Syndrome Society (NDSS). The original bill was prompted by an incident on December 29, 2019, when a woman with a significant intellectual disability gave birth to a child at the Hacienda ICF/IID in Phoenix, Arizona. Facility staff was not aware of her pregnancy until she went into labor. 

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