To require criminal and abusive work history background checks for nurse and home health aides in nursing facilities, home health agencies, and hospice programs under the Medicare and Medicaid Programs, and for other purposes.
Elder Care Safety Act of 1997 - Declares that a nursing facility (including a skilled nursing facility), home health agency, or hospice program (covered facility) under the Medicare and Medicaid programs of titles XVIII and XIX of the Social Security Act may not: (1) employ an individual as a nurse or home health aide unless the facility has requested from the State nurse and home health aide registry a background check (including a criminal as well as an abusive work history background check); or (2) continue to employ such an individual if the background check report reveals a conviction of a disqualifying crime. Requires the covered facility to report to such registry documented findings of patient abuse by a nurse or home health aide. Imposes civil penalties upon covered facilities that violate such requirements.
Requires the Secretary of Health and Human Services to establish methods by which State nurse and home health registries can pool and share criminal background check summaries and documented findings of patient abuse (national registry coordination system). Requires each State to expand its Medicare and Medicaid nurse aide registry in order to carry out such background checks and other related functions, including reporting of summary information to the national registry coordination system.
Sets forth procedures for criminal and abusive work history background checks.
Directs the Secretary to: (1) establish a patient abuse prevention and training demonstration project; and (2) report to the Congress recommendations on whether minimum nurse and home health aide personnel-to-patient levels should be required to avoid patient abuse and, if so, the levels for different types of covered facilities. Authorizes appropriations.
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.
Referred to the Subcommittee on Health and Environment.
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