actions involving residents of ICFs/IID In any action taken by the Department of Justice, including investigations and other actions under the Americans with Disabilities Act, the Civil Rights for Institutionalized Persons Act, and any other Act, that involves the residents of an ICF/IID, the Department shall consult with the residents (or, if a resident has a legal representative, the resident’s legal representative) among all other interested parties before taking action. (b) Resident right of intervention in department actions involving residents of ICFs/IID In any action under subsection (a), a resident (or, if a resident has a legal representative, the resident’s legal representative) shall have the right to intervene in the proceeding. (c) Effective date This section shall apply to all actions taken by the Department of Justice after the date of the enactment of this Act. 4. Preservation of States’ rights Nothing in this Act shall be construed to require a State (as defined for the purposes of title XIX of the Social Security Act) to include ICFs/IID services as an option under its Medicaid plan under such title.