[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3066 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3066

  To amend titles XVIII and XIX of the Social Security Act to require 
        criminal background checks for nursing facility workers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2000

 Mr. Ashcroft introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend titles XVIII and XIX of the Social Security Act to require 
        criminal background checks for nursing facility workers.

    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 ``Senior Care Safety Act of 2000''.

SEC. 2. CRIMINAL BACKGROUND CHECKS FOR NURSING FACILITY WORKERS.

    (a) Medicare.--
            (1) Requirement to conduct criminal background checks.--
        Section 1819(d)(4) of the Social Security Act (42 U.S.C. 1395i-
        3(d)(4)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Screening of workers.--
                            ``(i) In general.--A skilled nursing 
                        facility shall not knowingly employ an 
                        individual unless the individual has passed a 
                        criminal background check conducted in 
                        accordance with the requirements of clause 
                        (ii).
                            ``(ii) Requirements.--
                                    ``(I) Notification.--Not later than 
                                180 days after the date of enactment of 
                                this subparagraph, the Secretary, in 
                                consultation with the Attorney General, 
                                shall notify skilled nursing facilities 
                                of the requirements of this 
                                subparagraph.
                                    ``(II) Skilled nursing facility 
                                requirements.--
                                            ``(aa) Provision of 
                                        statements to applicants.--Not 
                                        later than 180 days after a 
                                        skilled nursing facility 
                                        receives a notice in accordance 
                                        with subclause (I), the skilled 
                                        nursing facility shall adopt 
                                        and enforce the requirement 
                                        that each applicant for 
                                        employment at the skilled 
                                        nursing facility shall complete 
                                        the written statement described 
                                        in subclause (III).
                                            ``(bb) Transmittal of 
                                        completed statements.--Not 
                                        later than 5 business days 
                                        after a skilled nursing 
                                        facility receives such 
                                        completed written statement, 
                                        the skilled nursing facility 
                                        shall transmit such statement 
                                        to the Attorney General.
                                    ``(III) Statement described.--The 
                                written statement described in this 
                                subclause shall contain the following:
                                            ``(aa) The name, address, 
                                        and date of birth appearing on 
                                        a valid identification document 
                                        (as defined section 1028(d)(2) 
                                        of title 18, United States 
                                        Code) of the applicant, a 
                                        description of the 
                                        identification document used, 
                                        and the applicant's social 
                                        security account number.
                                            ``(bb) A statement that the 
                                        applicant has never been 
                                        convicted of a crime of 
                                        violence or of a Federal or 
                                        State offense consisting of the 
                                        distribution of controlled 
                                        substances (as that term is 
                                        defined in section 102(6) of 
                                        the Controlled Substances Act 
                                        (21 U.S.C. 802(6)).
                                            ``(cc) The date the 
                                        statement is made.
                                    ``(IV) Attorney general 
                                requirements.--
                                            ``(aa) In general.--Upon 
                                        receipt of a completed written 
                                        statement from a skilled 
                                        nursing facility, the Attorney 
                                        General, using information 
                                        available to the Department of 
                                        Justice, shall notify the 
                                        facility of the receipt of such 
                                        statement and promptly 
                                        determine whether the applicant 
                                        completing the statement has 
                                        ever been convicted of a crime 
                                        described in subclause 
                                        (III)(bb).
                                            ``(bb) Notification of 
                                        failure to pass.--Not later 
                                        than 5 business days after the 
                                        receipt of such statement, the 
                                        Attorney General shall inform 
                                        the skilled nursing facility 
                                        transmitting the statement if 
                                        the applicant completing the 
                                        statement did not pass the 
                                        background check. A skilled 
                                        nursing facility not so 
                                        informed within such period 
                                        shall consider the applicant 
                                        completing the statement to 
                                        have passed the background 
                                        check.
                                            ``(cc) No fee.--In no case 
                                        shall a skilled nursing 
                                        facility or an applicant be 
                                        charged a fee in connection 
                                        with the background 
check process conducted under this clause.
                            ``(iii) Limitation on use of information.--
                        A skilled nursing facility that obtains 
                        criminal background information about an 
                        applicant pursuant to this subparagraph may use 
                        such information only for the purpose of 
                        determining the suitability of the worker for 
                        employment.
                            ``(iv) No action based on failure to 
                        hire.--In any action against a skilled nursing 
                        facility based on a failure or refusal to hire 
                        an applicant, the fact that the applicant did 
                        not pass a background check conducted in 
                        accordance with this subparagraph shall be a 
                        complete defense to such action.''.
            (2) Penalties.--Section 1819(h)(1) of the Social Security 
        Act (42 U.S.C. 1395i-3(h)(1)) is amended--
                    (A) by striking the heading and inserting ``State 
                authority'';
                    (B) in the first sentence--
                            (i) by redesignating subparagraphs (A) and 
                        (B) as clauses (i) and (ii) and indenting such 
                        clauses appropriately; and
                            (ii) by striking ``If a State'' and 
                        inserting the following:
                    ``(A) In general.--If a State'';
                    (C) in the second sentence, by striking ``If a 
                State'' and inserting the following:
                    ``(C) Penalties for prior failures.--If a State''; 
                and
                    (D) by inserting after subparagraph (A) (as added 
                by subparagraph (B)(ii) of this paragraph) the 
                following new subparagraph:
                    ``(B) Required penalties.--A civil money penalty of 
                not more than $5000 shall be assessed and collected, 
                with interest, against any facility which is or was out 
                of compliance with the requirements of clause (i), 
                (ii)(II), or (iii) of subsection (d)(4)(B).''.
    (b) Medicaid.--
            (1) Requirement to conduct criminal background checks.--
        Section 1919(d)(4) of the Social Security Act (42 U.S.C. 
        1396r(d)(4)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following new subparagraph:
                    ``(B) Screening of workers.--
                            ``(i) In general.--A nursing facility shall 
                        not knowingly employ an individual unless the 
                        individual has passed a criminal background 
                        check conducted in accordance with the 
                        requirements of clause (ii).
                            ``(ii) Requirements.--
                                    ``(I) Notification.--Not later than 
                                180 days after the date of enactment of 
                                this subparagraph, the Secretary, in 
                                consultation with the Attorney General, 
                                shall notify nursing facilities of the 
                                requirements of this subparagraph.
                                    ``(II) Nursing facility 
                                requirements.--
                                            ``(aa) Provision of 
                                        statements to applicants.--Not 
                                        later than 180 days after a 
                                        nursing facility receives a 
                                        notice in accordance with 
                                        subclause (I), the nursing 
                                        facility shall adopt and 
                                        enforce the requirement that 
                                        each applicant for employment 
                                        at the nursing facility shall 
                                        complete the written statement 
                                        described in subclause (III).
                                            ``(bb) Transmittal of 
                                        completed statements.--Not 
                                        later than 5 business days 
                                        after a nursing facility 
                                        receives such completed written 
                                        statement, the nursing facility 
                                        shall transmit such statement 
                                        to the Attorney General.
                                    ``(III) Statement described.--The 
                                written statement described in this 
                                subclause shall contain the following:
                                            ``(aa) The name, address, 
                                        and date of birth appearing on 
                                        a valid identification document 
                                        (as defined section 1028(d)(2) 
                                        of title 18, United States 
                                        Code) of the applicant, a 
                                        description of the 
                                        identification document used, 
                                        and the applicant's social 
                                        security account number.
                                            ``(bb) A statement that the 
                                        applicant has never been 
                                        convicted of a crime of 
                                        violence or of a Federal or 
                                        State offense consisting of the 
                                        distribution of controlled 
                                        substances (as that term is 
                                        defined in section 102(6) of 
                                        the Controlled Substances Act 
                                        (21 U.S.C. 802(6)).
                                            ``(cc) The date the 
                                        statement is made.
                                    ``(IV) Attorney general 
                                requirements.--
                                            ``(aa) In general.--Upon 
                                        receipt of a completed written 
                                        statement from a nursing 
                                        facility, the Attorney General, 
                                        using information available to 
                                        the Department of Justice, 
                                        shall notify the facility of 
                                        the receipt of such statement 
                                        and promptly determine whether 
                                        the applicant completing the 
                                        statement has ever been 
convicted of a crime described in subclause (III)(bb).
                                            ``(bb) Notification of 
                                        failure to pass.--Not later 
                                        than 5 business days after the 
                                        receipt of such statement, the 
                                        Attorney General shall inform 
                                        the nursing facility 
                                        transmitting the statement if 
                                        the applicant completing the 
                                        statement did not pass the 
                                        background check. A nursing 
                                        facility not so informed within 
                                        such period shall consider the 
                                        applicant completing the 
                                        statement to have passed the 
                                        background check.
                                            ``(cc) No fee.--In no case 
                                        shall a nursing facility or an 
                                        applicant be charged a fee in 
                                        connection with the background 
                                        check process conducted under 
                                        this clause.
                            ``(iii) Limitation on use of information.--
                        A nursing facility that obtains criminal 
                        background information about an applicant 
                        pursuant to this subparagraph may use such 
                        information only for the purpose of determining 
                        the suitability of the worker for employment.
                            ``(iv) No action based on failure to 
                        hire.--In any action against a nursing facility 
                        based on a failure or refusal to hire an 
                        applicant, the fact that the applicant did not 
                        pass a background check conducted in accordance 
                        with this subparagraph shall be a complete 
                        defense to such action.''.
            (2) Penalties.--Section 1919(h)(2)(A) of the Social 
        Security Act (42 U.S.C. 1396r(h)(2)(A)) is amended by inserting 
        after clause (iv) the following new clause:
                            ``(v) A civil money penalty of not more 
                        than $5000 shall be assessed and collected, 
                        with interest, against any facility which is or 
                        was out of compliance with the requirements of 
                        clause (i), (ii)(II), or (iii) of subsection 
                        (d)(4)(B).''.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2000.

SEC. 3. REPORT ON CRIMINAL BACKGROUND CHECKS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Attorney General shall conduct a study of the effects 
of background checks in nursing facilities and submit a report to 
Congress that includes the following:
            (1) The success of conducting background checks on nursing 
        facility employees.
            (2) The impact of background checks on patient care in such 
        facilities.
            (3) The need to conduct background checks in other patient 
        care settings outside of nursing facilities.
            (4) Suggested methods for further improving the background 
        check system and the estimated costs of such improvements.
    (b) Definition of Nursing Facility.--In subsection (a), the term 
``nursing facility'' has the meaning given that term in section 1919(a) 
of the Social Security Act (42 U.S.C. 1396r(a)) and includes a skilled 
nursing facility (as defined in section 1819(a) of such Act (42 U.S.C. 
1395i-3(a))).
                                 <all>