Long-Term Care Patient Protection Act of 1998 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to prohibit nursing facilities and skilled nursing facilities from using on a full-time or other paid basis as a feeding and hydration assistant any individual who has not completed a related, State- approved training and competency evaluation and is not competent to provide such services. Requires States to specify, and provide for review and reapproval of, approved programs meeting Federal requirements. Directs the Secretary of Health and Human Services to establish such requirements, as well as requirements respecting the minimum frequency and methodology a State shall use in reviewing compliance with them.
Prescribes requirements for nursing facilities (under Medicaid) and skilled nursing facilities (under Medicare) to meet in mandatory screening of nursing facility workers for any conviction for a relevant crime or any findings of patient or resident abuse. Prohibits a facility from knowingly employing any individual convicted of a relevant crime or with respect to whom a finding of patient or resident abuse has been made. Allows 90-day probationary employment of an individual pending completion of a background check. Requires nursing facilities and skilled nursing facilities to report to the State any instance of resident neglect or abuse or misappropriation of resident property by an employee. Expands the State registries under Medicare and Medicaid to collect information about nursing and skilled nursing facility employees other than nurse aides as well as employment applicants.
Requires exhaustion of State records before a criminal record check request is passed on to the Attorney General for a search of Federal Bureau of Investigation records. Authorizes the Attorney General and the States to charge fees for criminal background checks.
Amends SSA title XI to direct the Secretary to establish a national data collection program and database for the reporting of information collected under such expanded State registries, which shall constitute a national registry of abusive nursing facility workers. Requires States to report relevant information to such program. Grants database access to Federal and State agencies and participating nursing and skilled nursing facilities, for a reasonable fee.
[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4686 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4686
To amend titles XI, XVIII, and XIX of the Social Security Act to permit
paid staff other than nurse aides and licensed health professionals to
provide feeding and hydration assistance to residents in nursing
facilities participating in the Medicare and Medicaid Programs (and to
provide special training requirements for such staff), and to establish
a program to ensure that such facilities do not employ individuals who
have a history of patient or resident abuse or have been convicted of
certain crimes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 1998
Mr. Kennedy of Massachusetts (for himself, Mr. Barrett of Wisconsin,
Mr. Hastings of Florida, Mr. Costello, Mr. Filner, Mr. Waxman, Ms.
Kilpatrick, Mr. Stark, Mr. Kennedy of Rhode Island, Mr. Neal of
Massachusetts, Ms. Slaughter, Mr. Sandlin, Mr. Underwood, Mr. Meehan,
and Ms. Roybal-Allard) introduced the following bill; which was
referred to the Committee on 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 XI, XVIII, and XIX of the Social Security Act to permit
paid staff other than nurse aides and licensed health professionals to
provide feeding and hydration assistance to residents in nursing
facilities participating in the Medicare and Medicaid Programs (and to
provide special training requirements for such staff), and to establish
a program to ensure that such facilities do not employ individuals who
have a history of patient or resident abuse or have been convicted of
certain crimes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the ``Long-Term Care Patient Protection Act of 1998''.
SEC. 2. SPECIAL REQUIREMENTS FOR INDIVIDUALS PROVIDING FEEDING AND
HYDRATION ASSISTANCE TO NURSING FACILITY RESIDENTS AND
SKILLED NURSING FACILITY PATIENTS.
(a) Medicaid Program.--Section 1919 of the Social Security Act is
amended--
(1) in subsection (b)--
(A) in paragraph (5)(F)--
(i) by striking the period and inserting
'', or''; and
(ii) by adding at the end the following new
clause:
``(iii) who is described in paragraph
(8)(B).''; and
(B) by adding at the end the following new
paragraph:
``(8) Required training of feeding and hydration
assistants.--
``(A) In general.--A nursing facility must not use
on a full-time or other paid basis any individual as a
feeding and hydration assistant in the facility unless
the individual--
``(i) has completed a feeding and hydration
assistance training and competency evaluation
program approved by the State under subsection
(e)(8), and
``(ii) is competent to provide feeding and
hydration services.
``(B) Feeding and hydration assistant defined.--In
this paragraph, the term `feeding and hydration
assistant' means any individual who assists residents
in a nursing facility to eat or drink but does not
otherwise provide any nursing or nursing-related
services to such residents, but does not include an
individual--
``(i) who is a licensed health professional
(as defined in paragraph (5)(G)) or a
registered dietician,
``(ii) who volunteers to provide such
services without monetary compensation, or
``(iii) who is a nurse aide (as defined in
paragraph (5)(F)).'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(8) Specification and review of feeding and hydration
assistance training and competency evaluation programs.--The
State must--
``(A) specify those training and competency
evaluation programs that the State approves for
purposes of subsection (b)(8) and that meet the
requirements established under subsection (f)(10),
which shall at a minimum include training concerning--
``(i) recommended amounts of food and
hydration,
``(ii) methods of providing food and
hydration, and
``(iii) recognition of symptoms of
malnutrition and dehydration; and
``(B) provide for the review and reapproval of such
programs, at a frequency and using a methodology
consistent with the requirements established under
subsection (f)(10)(B).
The failure of the Secretary to establish requirements under
subsection (f)(10) shall not relieve any State of its
responsibility under this paragraph.''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(10) Requirements for feeding and hydration assistance
training and evaluation programs.--For purposes of subsections
(b)(8) and (e)(8), the Secretary shall establish--
``(A) requirements for the approval of feeding and
hydration assistance training and competency evaluation
programs; and
``(B) requirements respecting the minimum frequency
and methodology to be used by a State in reviewing such
programs' compliance with the requirements for such
programs.''.
(b) Medicare Program.--Section 1819 of such Act is amended--
(1) in subsection (b)--
(A) in paragraph (5)(F)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``, or''; and
(iii) by adding at the end the following
new clause:
``(iii) who is described in paragraph
(8)(B).''; and
(B) by adding at the end the following new
paragraph:
``(8) Required training of feeding and hydration
assistants.--
``(A) In general.--A skilled nursing facility must
not use on a full-time or other paid basis any
individual as a feeding and hydration assistant in the
facility unless the individual--
``(i) has completed a feeding and hydration
assistance training and competency evaluation
program approved by the State under subsection
(e)(6), and
``(ii) is competent to provide feeding and
hydration services.
``(B) Feeding and hydration assistant defined.--In
this paragraph, the term `feeding and hydration
assistant' means any individual that assists residents
in a skilled nursing facility to eat or drink but does
not otherwise provide any nursing or nursing-related
services to such residents, but does not include an
individual--
``(i) who is a licensed health professional
(as defined in paragraph (5)(G)) or a
registered dietician,
``(ii) who volunteers to provide such
services without monetary compensation, or
``(iii) who is a nurse aide (as defined in
paragraph (5)(F)).'';
(2) in subsection (e), by adding at the end the following
new paragraph:
``(6) Specification and review of feeding and hydration
assistance training and competency evaluation programs.--The
State must--
``(A) specify those training and competency
evaluation programs that the State approves for
purposes of subsection (b)(8) and that meet the
requirements established under subsection (f)(8), which
shall at a minimum include training concerning--
``(i) recommended amounts of food and
hydration,
``(ii) methods of providing food and
hydration, and
``(iii) recognition of symptoms of
malnutrition and dehydration; and
``(B) provide for the review and reapproval of such
programs, at a frequency and using a methodology
consistent with the requirements established under
subsection (f)(8)(B).
The failure of the Secretary to establish requirements under
subsection (f)(8) shall not relieve any State of its
responsibility under this paragraph.''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(8) Requirements for feeding and hydration assistance
training and evaluation programs.--For purposes of subsections
(b)(8) and (e)(6), the Secretary shall establish--
``(A) requirements for the approval of feeding and
hydration assistance training and competency evaluation
programs; and
``(B) requirements respecting the minimum frequency
and methodology to be used by a State in reviewing such
programs' compliance with the requirements for such
programs.''.
SEC. 3. ESTABLISHMENT OF PROGRAM TO PREVENT ABUSE OF NURSING FACILITY
RESIDENTS.
(a) Nursing Facility and Skilled Nursing Facility Requirements.--
(1) Medicaid program.--Section 1919(b), as amended by
section 2(a), is amended by adding after paragraph (8) the
following new paragraph:
``(9) Screening of nursing facility workers.--
``(A) Background checks on applicants.--Subject to
subparagraph (B)(ii), before hiring an individual, a
nursing facility shall--
``(i) give the individual written notice
that the facility is required to perform
background checks with respect to applicants;
``(ii) require, as a condition of
employment, that such individual--
``(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 individual authorizing the
facility to request the search and
exchange of criminal records;
``(III) provide in person a copy of
the individual's fingerprints; and
``(IV) provide any other
identification information the
Secretary may specify in regulation;
``(iii) initiate a check of the registry
under section 1128F in accordance with
regulations promulgated by the Secretary to
determine whether such registry contains any
disqualifying information with respect to such
individual; and
``(iv) if such registry does not contain
any such disqualifying information--
``(I) request that the State
initiate a State and national criminal
background check on such individual in
accordance with the provisions of
subsection (e)(9); 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 registry
initiated under clause (iii).
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--A nursing facility may
not knowingly employ any individual who has any
conviction for a relevant crime or with respect
to whom a finding of patient or resident abuse
has been made.
``(ii) Probationary employment.--After
complying with the requirements of clauses (i),
(ii), and (iii) of subparagraph (A), a nursing
facility may provide for a probationary period
of employment (not to exceed 90 days) for an
individual pending completion of the check
against the registry described under
subparagraph (A)(iii) and the background check
described under subparagraph (A)(iv). Such
facility shall maintain supervision of the
individual during the individual's probationary
period of employment.
``(C) Reporting requirements.--A nursing facility
shall report to the State any instance, in which the
facility determines that an individual 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 an individual
pursuant to clauses (iii) and (iv) of
subparagraph (A) may use such information only
for the purpose of determining the suitability
of the individual for employment.
``(ii) Immunity from liability.--A nursing
facility that, in denying employment for an
applicant, reasonably relies upon information
about an individual provided by the State
pursuant to subsection (e)(9) shall not be
liable in any action brought by the individual
based on the employment determination resulting
from the incompleteness or inaccuracy of the
information.
``(iii) Criminal penalty.--Whoever
knowingly violates the provisions of
subparagraph (D)(i) shall be fined in
accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
``(E) Definitions.--As used in this paragraph--
``(i) the term `conviction for a relevant
crime' means any State or Federal 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;
``(ii) 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 an individual 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; and
``(iii) the term `disqualifying
information' means information about a
conviction for a relevant crime or a finding of
patient or resident abuse.''.
(2) Medicare program.--Section 1819(b), as amended by
section 2(b), is amended by adding after paragraph (8) the
following new paragraph:
``(9) Screening of nursing facility workers.--
``(A) Background checks on applicants.--Subject to
subparagraph (B)(ii), before hiring an individual,
a skilled nursing facility shall--
``(i) give the individual written notice
that the facility is required to perform
background checks with respect to applicants;
``(ii) require, as a condition of
employment, that such individual--
``(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 individual authorizing the
facility to request the search and
exchange of criminal records;
``(III) provide in person a copy of
the individual's fingerprints; and
``(IV) provide any other
identification information the
Secretary may specify in regulation;
``(iii) initiate a check of the registry
under section 1128F in accordance with
regulations promulgated by the Secretary to
determine whether such registry contains any
disqualifying information with respect to such
individual; and
``(iv) if such registry does not contain
any such disqualifying information--
``(I) request that the State
initiate a State and national criminal
background check on such individual in
accordance with the provisions of
subsection (e)(7); 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 registry
initiated under clause (iii).
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--A skilled nursing
facility may not knowingly employ any
individual who has any conviction for a
relevant crime or with respect to whom a
finding of patient or resident abuse has been
made.
``(ii) Probationary employment.--After
complying with the requirements of clauses (i),
(ii), and (iii) of subparagraph (A), a skilled
nursing facility may provide for a probationary
period of employment (not to exceed 90 days)
for an individual pending completion of the
check against the registry described under
subparagraph (A)(iii) and the background check
described under subparagraph (A)(iv). Such
facility shall maintain supervision of the
individual during the individuals's
probationary period of employment.
``(C) Reporting requirements.--A skilled nursing
facility shall report to the State any instance in
which the facility determines that an individual 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 an
individual pursuant to clauses (iii) and (iv)
of subparagraph (A) may use such information
only for the purpose of determining the
suitability of the individual for employment.
``(ii) Immunity from liability.--A skilled
nursing facility that, denying employment for
an applicant, reasonably relies upon
information about an individual provided by the
State pursuant to subsection (e)(9) shall not
be liable in any action brought by the
individual based on the employment
determination resulting from the incompleteness
or inaccuracy of the information.
``(iii) Criminal penalty.--Whoever
knowingly violates the provisions of
subparagraph (D)(i) shall be fined in
accordance with title 18, United States Code, imprisoned for not more
than 2 years, or both.
``(E) Definitions.--As used in this paragraph--
``(i) the term `conviction for a relevant
crime' means any State or Federal 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;
``(ii) 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 an individual 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; and
``(iii) the term `disqualifying
information' means information about a
conviction for a relevant crime or a finding of
patient or resident abuse.''.
(b) State Requirements.--
(1) Medicaid program.--
(A) Expansion of state registry to collect
information about nursing facility employees other than
nurse aides.--Section 1919, as amended by section 2(a),
is amended--
(i) in subsection (e)(2)--
(I) in the paragraph heading, by
striking ``Nurse Aide Registry'' and
inserting ``Nursing Facility Employee
Register'';
(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), by
striking ``nurse aide'' each place it
appears and inserting ``nursing
facility employee''.
(B) State and federal requirement to conduct
background checks.--Section 1919(e), as amended by
section 2(a), is amended by adding at the end the
following new paragraph:
``(9) State and federal 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)(9) that is
accompanied by the information described in subclauses
(II) through (IV) of subsection (b)(9)(A)(ii), a State,
after checking appropriate State records and finding no
disqualifying information (as defined in subsection
(b)(9)(E)), 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 or 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)(9)(E)); and
``(ii) report to the nursing facility the
results of such review.
``(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)(9) 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)(9),
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) Treatment of fees for purposes of
cost reports.--An entity may not include a fee
assessed pursuant to this subparagraph as an
allowable item on a cost report under this
title or title XVIII.
``(iii) 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.--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.
``(F) Report.--Not later than 2 years after the
date of enactment of the ``Long-Term Care Patient
Protection Act of 1998'', the Attorney General shall
submit a report to Congress on the number of requests
for searches and exchanges of records made under this
section and the disposition of such requests.''.
(2) Medicare program.--
(A) Expansion of state registry to collect
information about skilled nursing facility employees
other than nurse aides.--Section 1819, as amended by
section 2(b), 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), by
striking ``nurse aide'' each place it
appears and inserting ``skilled nursing
facility employee''.
(B) State and federal requirement to conduct
background checks.--Section 1819(e), as amended by
section 2(b), is amended by adding at the end the
following new paragraph:
``(7) State and federal 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)(9)
that is accompanied by the information described in
subclauses (II) through (IV) of subsection
(b)(9)(A)(ii), a State, after checking appropriate
State records and finding no disqualifying information
(as defined in subsection (b)(9)(E)), 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 or 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)(9)(E)); and
``(ii) report to the skilled nursing
facility the results of such review.
``(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)(9) 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)(9), 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) Treatment of fees for purposes of
cost reports.--An entity may not include a fee
assessed pursuant to this subparagraph as an
allowable item on a cost report under this
title or title XIX.
``(iii) 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.--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.
``(F) Report.--Not later than 2 years after the
date of enactment of the `Long-Term Care Patient
Protection Act of 1998', the Attorney General shall
submit a report to Congress on the number of requests
for searches and exchanges of records made under this
section and the disposition of such requests.''.
(c) Establishment of National Registry of Abusive Nursing Facility
Workers.--Title XI of the Social Security Act is amended by adding
after section 1128E the following new section:
``national registry of abusive nursing facility workers
``Sec. 1128F. (a) In General.--The Secretary shall establish a
national data collection program for the reporting of information
described in subsection (b), with access as set forth in subsection
(c), and shall maintain a database of the information collected under
this section.
``(b) Reporting of Information.--Each State shall report the
information collected pursuant to sections 1819(e)(2)(B) and
1919(e)(2)(B) in such form and manner as the Secretary may prescribe by
regulation.
``(c) Access to Reported Information.--
``(1) Availability.--The information in the database
maintained under this section shall be available, pursuant to
procedures maintained under this section, to--
``(A) Federal and State government agencies;
``(B) nursing facilities participating in the
program under title XIX and skilled nursing facilities
participating in a program under title XVIII; and
``(C) such other persons as the Secretary may
specify by regulation,
but only for the purpose of determining the suitability for
employment in a nursing facility or skilled nursing facility.
``(2) Information.--The information in the database shall
be exempt from disclosure under 5 U.S.C. 552.
``(3) Fees for disclosure.--
``(A) In general.--The Secretary may establish or
approve reasonable fees for the disclosure of
information in such database. The amount of such a fee
shall be sufficient to recover the full costs of
operating the database. Such fees shall be available to
the Secretary or, in the Secretary's discretion, to the
agency designated under this section to cover such
costs.
``(B) Availability of fees.--Fees collected
pursuant to this subsection shall remain available
until expended, in the amounts provided in
appropriation acts, for necessary expenses related to
the purposes for which the fees were assessed.
``(C) Treatment of fees for purposes of cost
reports.--An entity may not include a fee assessed
pursuant to this subsection as an allowable item on a
cost report under this title or title XIX.
``(D) Prohibition on charging applicants or
employees.--An entity may not impose on an applicant
for employment or an employee any charges relating to
the registry established and maintained under this
section.''.
SEC. 4. EFFECTIVE DATE.
The provisions of and amendments made by this Act shall be
effective on and after the date of enactment, without regard to whether
implementing regulations are in effect.
<all>
Introduced in House
Introduced in House
Referred to House Commerce
Referred to the Committee on 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.
Referred to House Ways and Means
Referred to the Subcommittee on Health and Environment.
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