Page:United States Statutes at Large Volume 124.djvu/824

124 STAT. 798 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(1) compiling, summarizing, and analyzing the information contained in the State reports submitted under subsections (b)(4) and (c)(4) of section 2042; and ‘‘(2) containing such recommendations for legislative or administrative action as the Secretary determines to be appro- priate. ‘‘SEC. 2046. RULE OF CONSTRUCTION. ‘‘Nothing in this subtitle shall be construed as— ‘‘(1) limiting any cause of action or other relief related to obligations under this subtitle that is available under the law of any State, or political subdivision thereof; or ‘‘(2) creating a private cause of action for a violation of this subtitle.’’. (2) OPTION FOR STATE PLAN UNDER PROGRAM FOR TEM- PORARY ASSISTANCE FOR NEEDY FAMILIES.— (A) IN GENERAL.—Section 402(a)(1)(B) of the Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by adding at the end the following new clause: ‘‘(v) The document shall indicate whether the State intends to assist individuals to train for, seek, and maintain employment— ‘‘(I) providing direct care in a long-term care facility (as such terms are defined under section 2011); or ‘‘(II) in other occupations related to elder care determined appropriate by the State for which the State identifies an unmet need for service per- sonnel, and, if so, shall include an overview of such assist- ance.’’. (B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall take effect on January 1, 2011. (b) PROTECTING RESIDENTS OF LONG-TERM CARE FACILITIES.— (1) NATIONAL TRAINING INSTITUTE FOR SURVEYORS.— (A) IN GENERAL.—The Secretary of Health and Human Services shall enter into a contract with an entity for the purpose of establishing and operating a National Training Institute for Federal and State surveyors. Such Institute shall provide and improve the training of sur- veyors with respect to investigating allegations of abuse, neglect, and misappropriation of property in programs and long-term care facilities that receive payments under title XVIII or XIX of the Social Security Act. (B) ACTIVITIES CARRIED OUT BY THE INSTITUTE.—The contract entered into under subparagraph (A) shall require the Institute established and operated under such contract to carry out the following activities: (i) Assess the extent to which State agencies use specialized surveyors for the investigation of reported allegations of abuse, neglect, and misappropriation of property in such programs and long-term care facilities. (ii) Evaluate how the competencies of surveyors may be improved to more effectively investigate reported allegations of such abuse, neglect, and mis- appropriation of property, and provide feedback to Fed- eral and State agencies on the evaluations conducted. Contracts. 42 USC 1395i–3a. 42 USC 602 note. 42 USC 1397m–5.