To amend title 18, United States Code, with respect to the employment of persons with criminal backgrounds by nursing homes.
Requires: (1) the Attorney General to notify nursing facilities of the requirements of this Act; (2) each nursing facility to require each applicant for employment to make a statement in writing containing the applicant's name, address, and date of birth appearing on a valid identification document, a description of the identification document used, the applicant's Social Security number, and a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances; (3) the nursing facility to transmit each applicant statement to the Attorney General; and (4) the Attorney General to determine whether the applicant has ever been convicted of such a crime and, if so, to inform the nursing facility that the applicant did not pass the background check. Specifies that if after a specified period the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check.
Provides that: (1) in no case shall the nursing facility or the applicant be charged a fee in connection with the background check process; and (2) it is a complete defense to any cause of action against a nursing facility based on a failure or refusal to hire the applicant that the applicant did not pass the check.
(Sec. 3) Amends title XIX of the Social Security Act (Medicaid) and title XVIII of such Act (Medicare) to require a nursing facility administrator to meet the requirements of this Act.
Requires the Attorney General to study and report to Congress on the effects of background checks in nursing home settings.
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Commerce, and 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 the Committee on the Judiciary, and in addition to the Committees on Commerce, and 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 the Committee on the Judiciary, and in addition to the Committees on Commerce, and 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 the Committee on the Judiciary, and in addition to the Committees on Commerce, and 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 the Subcommittee on Crime.
Referred to the Subcommittee on Health and Environment.
Referred to the Subcommittee on Health.
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