[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4293 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4293

 To amend title 18, United States Code, with respect to the employment 
         of persons with criminal backgrounds by nursing homes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2000

 Mr. Cannon (for himself, Mr. Talent, and Mr. Thompson of California) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Commerce, and Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, with respect to the employment 
         of persons with criminal backgrounds by nursing homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Criminal Background 
Check Act of 2000''.

SEC. 2. NURSING HOME CRIMINAL BACKGROUND CHECK.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 69 the following new chapter:

          ``CHAPTER 70--NURSING HOME CRIMINAL BACKGROUND CHECK

``Sec.
``1441. Prohibition of employment of convicted felons in nursing homes.
``1442. Notification of background check requirement.
``1443. Criminal background check requirement.
``1444. Statement for criminal background check.
``1445. Criminal background check process.
``1446. Definitions.
``Sec. 1441. Prohibition of employment of convicted felons in nursing 
              homes
    ``Whoever, being a nursing facility, knowingly employs a person who 
has not passed the criminal background check required by this chapter 
in connection with that employment shall be fined not more than $5,000.
``Sec. 1442. Notification of background check requirement
    ``Not later than 180 days after the date of enactment of the 
Nursing Home Criminal Background Check Act of 2000, the Attorney 
General, in consultation with the Secretary of Health and Human 
Services, shall notify nursing facilities of the requirements of this 
chapter.
``Sec. 1443. Criminal background check requirement
    ``Not later than 180 days after receiving the notice described in 
section 1442, each nursing facility shall adopt and enforce a 
requirement that each applicant to that facility for employment, make a 
statement under section 1444.
``Sec. 1444. Statement for criminal background check
    ``The statement required under section 1443 shall be in writing and 
contain--
            ``(1) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 1028(d)(2) 
        of this title) of applicant, a description of the 
        identification document used, and the applicant's Social 
        Security number;
            ``(2) a statement that such applicant has never been 
        convicted of a crime of violence or a crime involving illegal 
        activity relating to controlled substances (as that term is 
        defined in the Controlled Substances Act); and
            ``(3) the date the statement is made.
``Sec. 1445. Criminal background check process
    ``(a) The nursing facility shall transmit to the Attorney General 
each statement from an applicant that the facility receives under 
section 1444.
    ``(b)(1) The Attorney General, using information available to the 
Department of Justice, shall promptly determine whether the applicant 
has ever been convicted of a crime of violence or a crime involving 
illegal activity relating to controlled substances (as that term is 
defined in the Controlled Substances Act). If so, the Attorney General 
shall, not later than 5 business days after the receipt of the 
statement, inform the nursing facility that the applicant did not pass 
the background check. If after 5 business days the nursing facility has 
not been informed by the Attorney General that the applicant has been 
so convicted, the applicant shall be deemed to have passed the 
background check.
    ``(2) In no case shall the nursing facility or the applicant be 
charged a fee in connection with the background check process.
    ``(3) It is a complete defense to any cause of action against a 
nursing facility or any of its agents based on a failure or refusal to 
hire the applicant that the applicant did not pass the check.
``Sec. 1446. Definitions
    ``In this chapter.--
            ``(1) the term `nursing facility' means--
                    ``(A) any `nursing facility' as that term is 
                defined under section 1919(a) of title XIX of the 
                Social Security Act (42 U.S.C. 1396r(a)); and
                    ``(B) any `skilled nursing facility' as that term 
                is defined under section 1818(a) of title XVIII of the 
                Social Security Act (42 U.S.C. 1395i-3(a)); and
            ``(2) the term `applicant' does not include a person 
        seeking to enter into contract employment or employment as a 
        licensed professional such as a doctor or nurse.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 69 the following new item:

``70. Nursing Home Criminal Background Check................    1441''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Medicaid.--Section 1919 of title XIX of the Social Security Act 
(42 U.S.C. 1396r) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A nursing facility 
administrator shall meet the nursing home background check requirements 
of chapter 70 of title 18, United States Code.''.
    (b) Medicare.--Section 1819 of title XVIII of the Social Security 
Act (42 U.S.C. 1395i-3) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A skilled nursing 
facility administrator shall meet the nursing home background check 
requirements of chapter 70 of title 18, United States Code.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 3 years after the date of the enactment of this Act, 
the Attorney General shall conduct a study of the effects of background 
checks in nursing home settings, and report to Congress--
            (1) the success of conducting background checks on nursing 
        home employees;
            (2) the impact of background checks on patient care;
            (3) the need to conduct background checks in other settings 
        outside nursing facilities; and
            (4) methods to further improve the background check system 
        and the costs of such improvements.
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