[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3933 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3933

  To amend titles XVIII and XIX of the Social Security Act to prevent 
 abuse of recipients of long-term care services under the Medicare and 
                           Medicaid programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2002

    Mr. Carson of Oklahoma introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
   the Committee on 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 titles XVIII and XIX of the Social Security Act to prevent 
 abuse of recipients of long-term care services under the Medicare and 
                           Medicaid programs.

    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 ``Patient Abuse Prevention Act''.

SEC. 2. ESTABLISHMENT OF PROGRAM TO PREVENT ABUSE OF NURSING FACILITY 
              RESIDENTS.

    (a) Nursing Facility and Skilled Nursing Facility Requirements.--
            (1) Medicaid program.--Section 1919(b) of the Social 
        Security Act (42 U.S.C. 1396r(b)) is amended by adding at the 
        end the following new paragraph:
            ``(8) Screening of nursing facility workers.--
                    ``(A) Background checks on applicants.--Subject to 
                subparagraph (B)(ii), before hiring a nursing facility 
                worker, a nursing facility shall--
                            ``(i) give the worker written notice that 
                        the facility is required to perform background 
                        checks with respect to applicants;
                            ``(ii) require, as a condition of 
                        employment, that such worker--
                                    ``(I) provide a written statement 
                                disclosing any conviction for a 
                                relevant crime or finding of patient or 
                                resident abuse;
                                    ``(II) provide a statement signed 
                                by the worker authorizing the facility 
                                to request the search and exchange of 
                                criminal records;
                                    ``(III) provide in person a copy of 
                                the worker's fingerprints or thumb 
                                print, depending upon available 
                                technology; and
                                    ``(IV) provide any other 
                                identification information the 
                                Secretary may specify in regulation;
                            ``(iii) initiate a check of the data 
                        collection system established under section 
                        1128E in accordance with regulations 
                        promulgated by the Secretary to determine 
                        whether such system contains any disqualifying 
                        information with respect to such worker; and
                            ``(iv) if that system does not contain any 
                        such disqualifying information--
                                    ``(I) request that the State 
                                initiate a State and national criminal 
                                background check on such worker in 
                                accordance with the provisions of 
                                subsection (e)(8); and
                                    ``(II) furnish to the State the 
                                information described in subclauses 
                                (II) through (IV) of clause (ii) not 
                                more than 7 days (excluding Saturdays, 
                                Sundays, and legal public holidays 
                                under section 6103(a) of title 5, 
                                United States Code) after completion of 
                                the check against the system initiated 
                                under clause (iii).
                    ``(B) Prohibition on hiring of abusive workers.--
                            ``(i) In general.--A nursing facility may 
                        not knowingly employ any nursing facility 
                        worker who has any conviction for a relevant 
                        crime or with respect to whom a finding of 
                        patient or resident abuse has been made.
                            ``(ii) Provisional employment.--After 
                        complying with the requirements of clauses (i), 
                        (ii), and (iii) of subparagraph (A), a nursing 
                        facility may provide for a provisional period 
                        of employment for a nursing facility worker 
                        pending completion of the check against the 
                        data collection system described under 
                        subparagraph (A)(iii) and the background check 
                        described under subparagraph (A)(iv). Such 
                        facility shall maintain direct supervision of 
                        the worker during the worker's provisional 
                        period of employment.
                    ``(C) Reporting requirements.--A nursing facility 
                shall report to the State any instance in which the 
                facility determines that a nursing facility worker has 
                committed an act of resident neglect or abuse or 
                misappropriation of resident property in the course of 
                employment by the facility.
                    ``(D) Use of information.--
                            ``(i) In general.--A nursing facility that 
                        obtains information about a nursing facility 
                        worker pursuant to clauses (iii) and (iv) of 
                        subparagraph (A) may use such information only 
                        for the purpose of determining the suitability 
                        of the worker for employment.
                            ``(ii) Immunity from liability.--A nursing 
                        facility that, in denying employment for an 
                        applicant (including during the period 
                        described in subparagraph (B)(ii)), reasonably 
                        relies upon information about such applicant 
                        provided by the State pursuant to subsection 
                        (e)(8) or section 1128E shall not be liable in 
any action brought by such applicant based on the employment 
determination resulting from the information.
                            ``(iii) Criminal penalty.--Whoever 
                        knowingly violates the provisions of clause (i) 
                        shall be fined in accordance with title 18, 
                        United States Code, imprisoned for not more 
                        than 2 years, or both.
                    ``(E) Civil penalty.--
                            ``(i) In general.--A nursing facility that 
                        violates the provisions of this paragraph shall 
                        be subject to a civil penalty in an amount not 
                        to exceed--
                                    ``(I) for the first such violation, 
                                $2,000; and
                                    ``(II) for the second and each 
                                subsequent violation within any 5-year 
                                period, $5,000.
                            ``(ii) Knowing retention of worker.--In 
                        addition to any civil penalty under clause (i), 
                        a nursing facility that--
                                    ``(I) knowingly continues to employ 
                                a nursing facility worker in violation 
                                of subparagraph (A) or (B); or
                                    ``(II) knowingly fails to report a 
                                nursing facility worker under 
                                subparagraph (C),
                        shall be subject to a civil penalty in an 
                        amount not to exceed $5,000 for the first such 
                        violation, and $10,000 for the second and each 
                        subsequent violation within any 5-year period.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Conviction for a relevant crime.--The 
                        term `conviction for a relevant crime' means 
                        any Federal or State criminal conviction for--
                                    ``(I) any offense described in 
                                paragraphs (1) through (4) of section 
                                1128(a); and
                                    ``(II) such other types of offenses 
                                as the Secretary may specify in 
                                regulations, taking into account the 
                                severity and relevance of such 
                                offenses, and after consultation with 
                                representatives of long-term care 
                                providers, representatives of long-term 
                                care employees, consumer advocates, and 
                                appropriate Federal and State 
                                officials.
                            ``(ii) Disqualifying information.--The term 
                        `disqualifying information' means information 
                        about a conviction for a relevant crime or a 
                        finding of patient or resident abuse.
                            ``(iii) Finding of patient or resident 
                        abuse.--The term `finding of patient or 
                        resident abuse' means any substantiated finding 
                        by a State agency under subsection (g)(1)(C) or 
                        a Federal agency that a nursing facility worker 
                        has committed--
                                    ``(I) an act of patient or resident 
                                abuse or neglect or a misappropriation 
                                of patient or resident property; or
                                    ``(II) such other types of acts as 
                                the Secretary may specify in 
                                regulations.
                            ``(iv) Nursing facility worker.--The term 
                        `nursing facility worker' means any individual 
                        (other than any volunteer) that has direct 
                        access to a patient of a nursing facility under 
                        an employment or other contract, or both, with 
                        such facility. Such term includes individuals 
                        who are licensed or certified by the State to 
                        provide such services, and nonlicensed 
                        individuals providing such services, as defined 
                        by the Secretary, including nurse assistants, 
                        nurse aides, home health aides, and personal 
                        care workers and attendants.''.
            (2) Medicare program.--Section 1819(b) of the Social 
        Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the 
        end the following:
            ``(8) Screening of skilled nursing facility workers.--
                    ``(A) Background checks on applicants.--Subject to 
                subparagraph (B)(ii), before hiring a skilled nursing 
                facility worker, a skilled nursing facility shall--
                            ``(i) give the worker written notice that 
                        the facility is required to perform background 
                        checks with respect to applicants;
                            ``(ii) require, as a condition of 
                        employment, that such worker--
                                    ``(I) provide a written statement 
                                disclosing any conviction for a 
                                relevant crime or finding of patient or 
                                resident abuse;
                                    ``(II) provide a statement signed 
                                by the worker authorizing the facility 
                                to request the search and exchange of 
                                criminal records;
                                    ``(III) provide in person a copy of 
                                the worker's fingerprints or thumb 
                                print, depending upon available 
                                technology; and
                                    ``(IV) provide any other 
                                identification information the 
                                Secretary may specify in regulation;
                            ``(iii) initiate a check of the data 
                        collection system established under section 
                        1128E in accordance with regulations 
                        promulgated by the Secretary to determine 
                        whether such system contains any disqualifying 
                        information with respect to such worker; and
                            ``(iv) if that system does not contain any 
                        such disqualifying information--
                                    ``(I) request that the State 
                                initiate a State and national criminal 
                                background check on such worker in 
                                accordance with the provisions of 
                                subsection (e)(6); and
                                    ``(II) furnish to the State the 
                                information described in subclauses 
                                (II) through (IV) of clause (ii) not 
                                more than 7 days (excluding Saturdays, 
                                Sundays, and legal public holidays 
                                under section 6103(a) of title 5, 
                                United States Code) after completion of 
                                the check against the system initiated 
                                under clause (iii).
                    ``(B) Prohibition on hiring of abusive workers.--
                            ``(i) In general.--A skilled nursing 
                        facility may not knowingly employ any skilled 
                        nursing facility worker who has any conviction 
                        for a relevant crime or with respect to whom a 
                        finding of patient or resident abuse has been 
                        made.
                            ``(ii) Provisional employment.--After 
                        complying with the requirements of clauses (i), 
                        (ii), and (iii) of subparagraph (A), a skilled 
                        nursing facility may provide for a provisional 
                        period of employment for a skilled nursing 
                        facility worker pending completion of the check 
                        against the data collection system described 
                        under subparagraph (A)(iii) and the background 
                        check described under subparagraph (A)(iv). 
                        Such facility shall maintain direct supervision 
                        of the covered individual during the worker's 
                        provisional period of employment.
                    ``(C) Reporting requirements.--A skilled nursing 
                facility shall report to the State any instance in 
                which the facility determines that a skilled nursing 
                facility worker has committed an act of resident 
                neglect or abuse or misappropriation of resident 
                property in the course of employment by the facility.
                    ``(D) Use of information.--
                            ``(i) In general.--A skilled nursing 
                        facility that obtains information about a 
                        skilled nursing facility worker pursuant to 
                        clauses (iii) and (iv) of subparagraph (A) may 
                        use such information only for the purpose of 
                        determining the suitability of the worker for 
                        employment.
                            ``(ii) Immunity from liability.--A skilled 
                        nursing facility that, in denying employment 
                        for an applicant (including during the period 
                        described in subparagraph (B)(ii)), reasonably 
                        relies upon information about such applicant 
                        provided by the State pursuant to subsection 
                        (e)(6) or section 1128E shall not be liable in 
                        any action brought by such applicant based on 
                        the employment determination resulting from the 
                        information.
                            ``(iii) Criminal penalty.--Whoever 
                        knowingly violates the provisions of clause (i) 
                        shall be fined in accordance with title 18, 
                        United States Code, imprisoned for not more 
                        than 2 years, or both.
                    ``(E) Civil penalty.--
                            ``(i) In general.--A skilled nursing 
                        facility that violates the provisions of this 
                        paragraph shall be subject to a civil penalty 
                        in an amount not to exceed--
                                    ``(I) for the first such violation, 
                                $2,000; and
                                    ``(II) for the second and each 
                                subsequent violation within any 5-year 
                                period, $5,000.
                            ``(ii) Knowing retention of worker.--In 
                        addition to any civil penalty under clause (i), 
                        a skilled nursing facility that--
                                    ``(I) knowingly continues to employ 
                                a skilled nursing facility worker in 
                                violation of subparagraph (A) or (B); 
                                or
                                    ``(II) knowingly fails to report a 
                                skilled nursing facility worker under 
                                subparagraph (C),
                        shall be subject to a civil penalty in an 
                        amount not to exceed $5,000 for the first such 
                        violation, and $10,000 for the second and each 
                        subsequent violation within any 5-year period.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Conviction for a relevant crime.--The 
                        term `conviction for a relevant crime' means 
                        any Federal or State criminal conviction for--
                                    ``(I) any offense described in 
                                paragraphs (1) through (4) of section 
                                1128(a); and
                                    ``(II) such other types of offenses 
                                as the Secretary may specify in 
                                regulations, taking into account the 
                                severity and relevance of such 
                                offenses, and after consultation with 
                                representatives of long-term care 
                                providers, representatives of long-term 
                                care employees, consumer advocates, and 
                                appropriate Federal and State 
                                officials.
                            ``(ii) Disqualifying information.--The term 
                        `disqualifying information' means information 
                        about a conviction for a relevant crime or a 
                        finding of patient or resident abuse.
                            ``(iii) Finding of patient or resident 
                        abuse.--The term `finding of patient or 
                        resident abuse' means any substantiated finding 
                        by a State agency under subsection (g)(1)(C) or 
                        a Federal agency that a skilled nursing 
                        facility worker has committed--
                                    ``(I) an act of patient or resident 
                                abuse or neglect or a misappropriation 
                                of patient or resident property; or
                                    ``(II) such other types of acts as 
                                the Secretary may specify in 
                                regulations.
                            ``(iv) Skilled nursing facility worker.--
                        The term `skilled nursing facility worker' 
                        means any individual (other than any volunteer) 
that has direct access to a patient of a skilled nursing facility under 
an employment or other contract, or both, with such facility. Such term 
includes individuals who are licensed or certified by the State to 
provide such services, and nonlicensed individuals providing such 
services, as defined by the Secretary, including nurse assistants, 
nurse aides, home health aides, and personal care workers and 
attendants.''.
            (3) Technical amendments.--Effective as if included in the 
        enactment of section 941 of the Medicare, Medicaid, and SCHIP 
        Benefits Improvement and Protection Act of 2000 (114 Stat. 
        2763A-585), as enacted into law by section 1(a)(6) of Public 
        Law 106-554, sections 1819(b) and 1919(b) of the Social 
        Security Act (42 U.S.C. 1395i-3(b), 1396r(b)), as amended by 
        such section 941 (as so enacted into law), are each amended by 
        redesignating the paragraph (8) added by such section as 
        paragraph (9).
    (b) State Requirements.--
            (1) Medicaid program.--
                    (A) Expansion of state registry to collect 
                information about nursing facility employees other than 
                nurse aides.--Section 1919 of the Social Security Act 
                (42 U.S.C. 1396r) is amended--
                            (i) in subsection (e)(2)--
                                    (I) in the paragraph heading, by 
                                striking ``Nurse aide registry'' and 
                                inserting ``Nursing facility employee 
                                registry'';
                                    (II) in subparagraph (A)--
                                            (aa) by striking ``By not 
                                        later than January 1, 1989, 
                                        the'' and inserting ``The'';
                                            (bb) by striking ``a 
                                        registry of all individuals'' 
                                        and inserting ``a registry of 
                                        (I) all individuals''; and
                                            (cc) by inserting before 
                                        the period ``, and (II) all 
                                        other nursing facility 
                                        employees with respect to whom 
                                        the State has made a finding 
                                        described in subparagraph 
                                        (B)'';
                                    (III) in subparagraph (B), by 
                                striking ``involving an individual 
                                listed in the registry'' and inserting 
                                ``involving a nursing facility 
                                employee''; and
                                    (IV) in subparagraph (C), by 
                                striking ``nurse aide'' and inserting 
                                ``nursing facility employee or 
                                applicant for employment''; and
                            (ii) in subsection (g)(1)--
                                    (I) in subparagraph (C)--
                                            (aa) in the first sentence, 
                                        by striking ``nurse aide'' and 
                                        inserting ``nursing facility 
                                        employee''; and
                                            (bb) in the third sentence, 
                                        by striking ``nurse aide'' each 
                                        place it appears and inserting 
                                        ``nursing facility employee''; 
                                        and
                                    (II) in subparagraph (D)--
                                            (aa) in the subparagraph 
                                        heading, by striking ``nurse 
                                        aide registry'' and inserting 
                                        ``nursing facility employee 
                                        registry''; and
                                            (bb) by striking ``nurse 
                                        aide'' each place it appears 
                                        and inserting ``nursing 
                                        facility employee''.
                    (B) Federal and state requirement to conduct 
                background checks.--Section 1919(e) of the Social 
                Security Act (42 U.S.C. 1396r(e)) is amended by adding 
                at the end the following:
            ``(8) Federal and state requirements concerning criminal 
        background checks on nursing facility employees.--
                    ``(A) In general.--Upon receipt of a request by a 
                nursing facility pursuant to subsection (b)(8) that is 
                accompanied by the information described in subclauses 
                (II) through (IV) of subsection (b)(8)(A)(ii), a State, 
                after checking appropriate State records and finding no 
                disqualifying information (as defined in subsection 
                (b)(8)(F)(ii)), shall submit such request and 
                information to the Attorney General and shall request 
                the Attorney General to conduct a search and exchange 
                of records with respect to the individual as described 
                in subparagraph (B).
                    ``(B) Search and exchange of records by attorney 
                general.--Upon receipt of a submission pursuant to 
                subparagraph (A), the Attorney General shall direct a 
                search of the records of the Federal Bureau of 
                Investigation for any criminal history records 
                corresponding to the fingerprints and other positive 
                identification information submitted. The Attorney 
                General shall provide any corresponding information 
                resulting from the search to the State.
                    ``(C) State reporting of information to nursing 
                facility.--Upon receipt of the information provided by 
                the Attorney General pursuant to subparagraph (B), the 
                State shall--
                            ``(i) review the information to determine 
                        whether the individual has any conviction for a 
                        relevant crime (as defined in subsection 
                        (b)(8)(F)(i));
                            ``(ii) report to the nursing facility the 
                        results of such review; and
                            ``(iii) in the case of an individual with a 
                        conviction for a relevant crime, report the 
                        existence of such conviction of such individual 
                        to the database established under section 
                        1128E.
                    ``(D) Fees for performance of criminal background 
                checks.--
                            ``(i) Authority to charge fees.--
                                    ``(I) Attorney general.--The 
                                Attorney General may charge a fee to 
                                any State requesting a search and 
                                exchange of records pursuant to this 
                                paragraph and subsection (b)(8) for 
                                conducting the search and providing the 
                                records. The amount of such fee shall 
                                not exceed the lesser of the actual 
                                cost of such activities or $50. Such 
                                fees shall be available to the Attorney 
                                General, or, in the Attorney General's 
                                discretion, to the Federal Bureau of 
                                Investigation, until expended.
                                    ``(II) State.--A State may charge a 
                                nursing facility a fee for initiating 
                                the criminal background check under 
                                this paragraph and subsection (b)(8), 
                                including fees charged by the Attorney 
                                General, and for performing the review 
                                and report required by subparagraph 
                                (C). The amount of such fee shall not 
                                exceed the actual cost of such 
                                activities.
                            ``(ii) Prohibition on charging applicants 
                        or employees.--An entity may not impose on an 
                        applicant for employment or an employee any 
                        charges relating to the performance of a 
                        background check under this paragraph.
                    ``(E) Regulations.--
                            ``(i) In general.--In addition to the 
                        Secretary's authority to promulgate regulations 
                        under this title, the Attorney General, in 
                        consultation with the Secretary, may promulgate 
                        such regulations as are necessary to carry out 
                        the Attorney General's responsibilities under 
                        this paragraph and subsection (b)(8), including 
                        regulations regarding the security, 
                        confidentiality, accuracy, use, destruction, 
                        and dissemination of information, audits and 
                        recordkeeping, and the imposition of fees.
                            ``(ii) Appeal procedures.--The Attorney 
                        General, in consultation with the Secretary, 
                        shall promulgate such regulations as are 
                        necessary to establish procedures by which an 
                        applicant or employee may appeal or dispute the 
                        accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph. Appeals shall be limited to 
                        instances in which an applicant or employee is 
                        incorrectly identified as the subject of the 
                        background check, or when information about the 
                        applicant or employee has not been updated to 
                        reflect changes in the applicant's or 
                        employee's criminal record.
                    ``(F) Report.--Not later than 2 years after the 
                date of enactment of this paragraph, the Attorney 
                General shall submit a report to Congress on--
                            ``(i) the number of requests for searches 
                        and exchanges of records made under this 
                        section;
                            ``(ii) the disposition of such requests; 
                        and
                            ``(iii) the cost of responding to such 
                        requests.''.
            (2) Medicare program.--
                    (A) Expansion of state registry to collect 
                information about skilled nursing facility employees 
                other than nurse aides.--Section 1819 of the Social 
                Security Act (42 U.S.C. 1395i-3) is amended--
                            (i) in subsection (e)(2)--
                                    (I) in the paragraph heading, by 
                                striking ``Nurse aide registry'' and 
                                inserting ``Skilled nursing care 
                                employee registry'';
                                    (II) in subparagraph (A)--
                                            (aa) by striking ``By not 
                                        later than January 1, 1989, 
                                        the'' and inserting ``The'';
                                            (bb) by striking ``a 
                                        registry of all individuals'' 
                                        and inserting ``a registry of 
                                        (I) all individuals''; and
                                            (cc) by inserting before 
                                        the period ``, and (II) all 
                                        other skilled nursing facility 
                                        employees with respect to whom 
                                        the State has made a finding 
                                        described in subparagraph 
                                        (B)'';
                                    (III) in subparagraph (B), by 
                                striking ``involving an individual 
                                listed in the registry'' and inserting 
                                ``involving a skilled nursing facility 
                                employee''; and
                                    (IV) in subparagraph (C), by 
                                striking ``nurse aide'' and inserting 
                                ``skilled nursing facility employee or 
                                applicant for employment''; and
                            (ii) in subsection (g)(1)--
                                    (I) in subparagraph (C)--
                                            (aa) in the first sentence, 
                                        by striking ``nurse aide'' and 
                                        inserting ``skilled nursing 
                                        facility employee''; and
                                            (bb) in the third sentence, 
                                        by striking ``nurse aide'' each 
                                        place it appears and inserting 
                                        ``skilled nursing facility 
                                        employee''; and
                                    (II) in subparagraph (D)--
                                            (aa) in the subparagraph 
                                        heading, by striking ``nurse 
                                        aide registry'' and inserting 
                                        ``nursing facility employee 
                                        registry''; and
                                            (bb) by striking ``nurse 
                                        aide'' each place it appears 
                                        and inserting ``nursing 
                                        facility employee''.
                    (B) Federal and state requirement to conduct 
                background checks.--Section 1819(e) of the Social 
                Security Act (42 U.S.C. 1395i-3(e)) is amended by 
                adding at the end the following:
            ``(6) Federal and state requirements concerning criminal 
        background checks on skilled nursing facility employees.--
                    ``(A) In general.--Upon receipt of a request by a 
                skilled nursing facility pursuant to subsection (b)(8) 
                that is accompanied by the information described in 
                subclauses (II) through (IV) of subsection 
                (b)(8)(A)(ii), a State, after checking appropriate 
                State records and finding no disqualifying information 
                (as defined in subsection (b)(8)(F)(ii)), shall submit 
                such request and information to the Attorney General 
                and shall request the Attorney General to conduct a 
                search and exchange of records with respect to the 
                individual as described in subparagraph (B).
                    ``(B) Search and exchange of records by attorney 
                general.--Upon receipt of a submission pursuant to 
                subparagraph (A), the Attorney General shall direct a 
                search of the records of the Federal Bureau of 
                Investigation for any criminal history records 
                corresponding to the fingerprints and other positive 
                identification information submitted. The Attorney 
                General shall provide any corresponding information 
                resulting from the search to the State.
                    ``(C) State reporting of information to skilled 
                nursing facility.--Upon receipt of the information 
                provided by the Attorney General pursuant to 
                subparagraph (B), the State shall--
                            ``(i) review the information to determine 
                        whether the individual has any conviction for a 
                        relevant crime (as defined in subsection 
                        (b)(8)(F)(i));
                            ``(ii) report to the skilled nursing 
                        facility the results of such review; and
                            ``(iii) in the case of an individual with a 
                        conviction for a relevant crime, report the 
                        existence of such conviction of such individual 
                        to the database established under section 
                        1128E.
                    ``(D) Fees for performance of criminal background 
                checks.--
                            ``(i) Authority to charge fees.--
                                    ``(I) Attorney general.--The 
                                Attorney General may charge a fee to 
                                any State requesting a search and 
                                exchange of records pursuant to this 
                                paragraph and subsection (b)(8) for 
                                conducting the search and providing the 
                                records. The amount of such fee shall 
                                not exceed the lesser of the actual 
                                cost of such activities or $50. Such 
                                fees shall be available to the Attorney 
                                General, or, in the Attorney General's 
                                discretion, to the Federal Bureau of 
                                Investigation until expended.
                                    ``(II) State.--A State may charge a 
                                skilled nursing facility a fee for 
                                initiating the criminal 
background check under this paragraph and subsection (b)(8), including 
fees charged by the Attorney General, and for performing the review and 
report required by subparagraph (C). The amount of such fee shall not 
exceed the actual cost of such activities.
                            ``(ii) Prohibition on charging applicants 
                        or employees.--An entity may not impose on an 
                        applicant for employment or an employee any 
                        charges relating to the performance of a 
                        background check under this paragraph.
                    ``(E) Regulations.--
                            ``(i) In general.--In addition to the 
                        Secretary's authority to promulgate regulations 
                        under this title, the Attorney General, in 
                        consultation with the Secretary, may promulgate 
                        such regulations as are necessary to carry out 
                        the Attorney General's responsibilities under 
                        this paragraph and subsection (b)(9), including 
                        regulations regarding the security 
                        confidentiality, accuracy, use, destruction, 
                        and dissemination of information, audits and 
                        recordkeeping, and the imposition of fees.
                            ``(ii) Appeal procedures.--The Attorney 
                        General, in consultation with the Secretary, 
                        shall promulgate such regulations as are 
                        necessary to establish procedures by which an 
                        applicant or employee may appeal or dispute the 
                        accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph. Appeals shall be limited to 
                        instances in which an applicant or employee is 
                        incorrectly identified as the subject of the 
                        background check, or when information about the 
                        applicant or employee has not been updated to 
                        reflect changes in the applicant's or 
                        employee's criminal record.
                    ``(F) Report.--Not later than 2 years after the 
                date of enactment of this paragraph, the Attorney 
                General shall submit a report to Congress on--
                            ``(i) the number of requests for searches 
                        and exchanges of records made under this 
                        section;
                            ``(ii) the disposition of such requests; 
                        and
                            ``(iii) the cost of responding to such 
                        requests.''.
    (c) Application to Other Entities Providing Home Health or Long-
Term Care Services.--
            (1) Medicaid.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a) is amended--
                    (A) in paragraph (65), by striking the period and 
                inserting ``; and''; and
                    (B) by inserting after paragraph (65) the 
                following:
            ``(66) provide that any entity that is eligible to be paid 
        under the State plan for providing home health services or 
        long-term care services for which medical assistance is 
        available under the State plan to individuals requiring long-
        term care complies with the requirements of subsections (b)(8) 
        and (e)(8) of section 1919.''.
            (2) Medicare.--Part D of title XVIII of the Social Security 
        Act (42 U.S.C. 1395x et seq.) is amended by adding at the end 
        the following:

 ``application of skilled nursing facility preventive abuse provisions 
 to any provider of services or other entity providing home health or 
                        long-term care services

    ``Sec. 1897. The requirements of subsections (b)(8) and (e)(6) of 
section 1819 shall apply to any provider of services or any other 
entity that is eligible to be paid under this title for providing home 
health services or long-term care services to an individual entitled to 
benefits under part A or enrolled under part B (including an individual 
provided with a Medicare+Choice plan offered by a Medicare+Choice 
organization under part C).''.
    (d) Reimbursement of Reasonable Costs for Background Checks.--The 
Secretary of Health and Human Services shall factor into any payment 
system under titles XVIII and XIX of the Social Security Act the 
reasonable costs of the requirements of sections 1819(b)(8) and 
1919(b)(8) of such Act, as added by this section, incurred by any 
entity subject to such requirements.

SEC. 3. INCLUSION OF ABUSIVE WORKERS IN THE DATABASE ESTABLISHED AS 
              PART OF NATIONAL HEALTH CARE FRAUD AND ABUSE DATA 
              COLLECTION PROGRAM.

    (a) Inclusion of Abusive Acts Within a Long-Term Care Facility or 
Provider.--Section 1128E(g)(1)(A) of the Social Security Act (42 U.S.C. 
1320a-7e(g)(1)(A)) is amended--
            (1) by redesignating clause (v) as clause (vi); and
            (2) by inserting after clause (iv), the following:
                            ``(v) A finding of abuse or neglect of a 
                        patient or a resident of a long-term care 
                        facility, or misappropriation of such a 
                        patient's or resident's property.''.
    (b) Coverage of Long-Term Care Facility or Provider Employees.--
Section 1128E(g)(2) of the Social Security Act (42 U.S.C. 1320a-
7e(g)(2)) is amended by inserting ``, and includes any individual of a 
long-term care facility or provider (other than any volunteer) that has 
direct access to a patient or resident of such a facility under an 
employment or other contract, or both, with the facility or provider 
(including individuals who are licensed or certified by the State to 
provide services at the facility or through the provider, and 
nonlicensed individuals, as defined by the Secretary, providing 
services at the facility or through the provider, including nurse 
assistants, nurse aides, home health aides, and personal care workers 
and attendants)'' before the period.
    (c) Reporting by Long-Term Care Facilities or Providers.--
            (1) In general.--Section 1128E(b)(1) of the Social Security 
        Act (42 U.S.C. 1320a-7e(b)(1)) is amended by striking ``and 
        health plan'' and inserting ``, health plan, and long-term care 
        facility or provider''.
            (2) Correction of information.--Section 1128E(c)(2) of the 
        Social Security Act (42 U.S.C. 1320a-7e(c)(2)) is amended by 
        striking ``and health plan'' and inserting ``, health plan, and 
        long-term care facility or provider''.
    (d) Access to Reported Information.--Section 1128E(d)(1) of the 
Social Security Act (42 U.S.C. 1320a-7e(d)(1)) is amended by striking 
``and health plans'' and inserting ``, health plans, and long-term care 
facilities or providers''.
    (e) Mandatory Check of Database by Long-Term Care Facilities or 
Providers.--Section 1128E(d) of the Social Security Act (42 U.S.C. 
1320a-7e(d)) is amended by adding at the end the following:
            ``(3) Mandatory check of database by long-term care 
        facilities or providers.--A long-term care facility or provider 
        shall check the database maintained under this section prior to 
        hiring under an employment or other contract, or both, any 
        individual as an employee of such a facility or provider who 
        will have direct access to a patient or resident of the 
        facility or provider (including individuals who are licensed or 
        certified by the State to provide services at the facility or 
        through the provider, and nonlicensed individuals, as defined 
        by the Secretary, that will provide services at the facility or 
        through the provider, including nurse assistants, nurse aides, 
        home health aides, and personal care workers and 
        attendants).''.
    (f) Definition of Long-Term Care Facility or Provider.--Section 
1128E(g) of the Social Security Act (42 U.S.C. 1320a-7e(g)) is amended 
by adding at the end the following:
            ``(6) Long-term care facility or provider.--The term `long-
        term care facility or provider' means a skilled nursing 
        facility (as defined in section 1819(a)), a nursing facility 
        (as defined in section 1919(a)), a home health agency, a 
        hospice facility, an intermediate care facility for the 
        mentally retarded (as defined in section 1905(d)), or any other 
        facility that provides, or provider of, long-term care services 
        or home health services and receives payment for such services 
        under the medicare program under title XVIII or the medicaid 
        program under title XIX.''.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the amendments made by this section, 
$10,200,000 for fiscal year 2003.

SEC. 4. PREVENTION AND TRAINING DEMONSTRATION PROJECT.

    (a) Establishment.--The Secretary of Health and Human Services 
shall establish a demonstration program to provide grants to develop 
information on best practices in patient abuse prevention training 
(including behavior training and interventions) for managers and staff 
of hospital and health care facilities.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall be a public or private nonprofit entity 
and prepare and submit to the Secretary of Health and Human Services an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (c) Use of Funds.--Amounts received under a grant under this 
section shall be used to--
            (1) examine ways to improve collaboration between State 
        health care survey and provider certification agencies, long-
        term care ombudsman programs, the long-term care industry, and 
        local community members;
            (2) examine patient care issues relating to regulatory 
        oversight, community involvement, and facility staffing and 
        management with a focus on staff training, staff stress 
        management, and staff supervision;
            (3) examine the use of patient abuse prevention training 
        programs by long-term care entities, including the training 
        program developed by the National Association of Attorneys 
        General, and the extent to which such programs are used; and
            (4) identify and disseminate best practices for preventing 
        and reducing patient abuse.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 5. EFFECTIVE DATE.

    The provisions of and amendments made by the Act shall apply, 
without regard to whether implementing regulations are in effect, to 
any individual applying for employment or hired for such employment--
            (1) by any skilled nursing facility (as defined in section 
        1819(a) of the Social Security Act) or any nursing facility (as 
        defined in section 1919(a) of such Act), on or after the date 
        which is 6 months after the date of enactment of this Act,
            (2) by any home health agency, on or after the date which 
        is 12 months after such date of enactment, and
            (3) by any hospice facility, any intermediate care facility 
        for the mentally retarded (as defined in section 1905(d) of the 
        Social Security Act), or any other facility that provides long-
        term care services and receives payment for such services under 
        the medicare program under title XVIII of such Act or the 
        medicaid program under title XIX of such Act, on or after the 
        date which is 18 months after such date of enactment.
                                 <all>