[Congressional Record Volume 148, Number 73 (Thursday, June 6, 2002)]
[Extensions of Remarks]
[Page E975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               NURSING HOME RESIDENT SAFETY ASSURANCE ACT

                                 ______
                                 

                          HON. WALTER B. JONES

                           of north carolina

                    in the house of representatives

                        Wednesday, June 5, 2002

  Mr. JONES of North Carolina. Mr. Speaker, I rise today to introduce 
the Nursing Home Resident Safety Assurance Act, legislation to require 
background checks on indirect care personnel in our nation's nursing 
homes.
  Currently, there are 17,000 nursing homes in the United States where 
approximately 1.5 million of our nation's seniors reside. A 1999 study 
conducted by the House Government Reform Committee analyzed two years 
of state inspection and complaint investigation reports of nursing 
homes and revealed that abuse of nursing home residents is a 
widespread, serious problem. Specifically, over 30 percent of nursing 
homes in the United States, or 5,283 facilities, were cited for an 
abuse violation between January 1, 1999 and January 1, 2001. During the 
two-year period of the report, these nursing homes were cited for 8,972 
violations. The most frequent violations were failure to properly 
investigate and report allegations of resident abuse or failure to 
ensure that nursing home staff had no record of abusing, neglecting or 
mistreating residents. For this reason, Congress must take additional 
action to protect seniors receiving care in our nation's nursing homes.
  My legislation, the Nursing Home Resident Safety Assurance Act is an 
important step towards achieving that goal. The bill would amend Public 
Law 105-277, which currently requires federal criminal background 
checks on direct care personnel to also allow background checks on 
indirect care personnel such as maintenance workers, janitors and 
dietary staff. These individuals have direct access to seniors in 
nursing homes without completing the screening procedures that direct 
care personnel, such as physical therapists and licensed nurse 
practitioners are required to have. The current loophole in the law 
puts our society's most vulnerable members, the elderly and disabled in 
circumstances rife with opportunities for abuse and exploitation.
  The state of North Carolina recognized this potential for abuse and 
the state legislature passed legislation requiring criminal background 
checks for both direct and indirect care nursing home personnel who 
have not lived in North Carolina for 5 years. Public Law 105-277 
hinders this background check process by preventing the Federal Bureau 
of Investigation (FBI) from releasing background information on 
indirect care personnel.
  Amending this law to require criminal background checks on all 
nursing home personnel would send a message that Congress is serious 
about protecting the welfare of our Nation's seniors. Please join me in 
supporting the Nursing Home Resident Safety Assurance Act, common sense 
legislation to protect our nation's most vulnerable citizens.

                          ____________________