Directs the Attorney General to study and report to Congress on the effects of background checks in nursing facilities.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3066 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 3066
To amend titles XVIII and XIX of the Social Security Act to require
criminal background checks for nursing facility workers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2000
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to require
criminal background checks for nursing facility workers.
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 ``Senior Care Safety Act of 2000''.
SEC. 2. CRIMINAL BACKGROUND CHECKS FOR NURSING FACILITY WORKERS.
(a) Medicare.--
(1) Requirement to conduct criminal background checks.--
Section 1819(d)(4) of the Social Security Act (42 U.S.C. 1395i-
3(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A skilled nursing
facility shall not knowingly employ an
individual unless the individual has passed a
criminal background check conducted in
accordance with the requirements of clause
(ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify skilled nursing facilities
of the requirements of this
subparagraph.
``(II) Skilled nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
skilled nursing facility
receives a notice in accordance
with subclause (I), the skilled
nursing facility shall adopt
and enforce the requirement
that each applicant for
employment at the skilled
nursing facility shall complete
the written statement described
in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a skilled nursing
facility receives such
completed written statement,
the skilled nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a skilled
nursing facility, the Attorney
General, using information
available to the Department of
Justice, shall notify the
facility of the receipt of such
statement and promptly
determine whether the applicant
completing the statement has
ever been convicted of a crime
described in subclause
(III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the skilled nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A skilled
nursing facility not so
informed within such period
shall consider the applicant
completing the statement to
have passed the background
check.
``(cc) No fee.--In no case
shall a skilled nursing
facility or an applicant be
charged a fee in connection
with the background
check process conducted under this clause.
``(iii) Limitation on use of information.--
A skilled nursing facility that obtains
criminal background information about an
applicant pursuant to this subparagraph may use
such information only for the purpose of
determining the suitability of the worker for
employment.
``(iv) No action based on failure to
hire.--In any action against a skilled nursing
facility based on a failure or refusal to hire
an applicant, the fact that the applicant did
not pass a background check conducted in
accordance with this subparagraph shall be a
complete defense to such action.''.
(2) Penalties.--Section 1819(h)(1) of the Social Security
Act (42 U.S.C. 1395i-3(h)(1)) is amended--
(A) by striking the heading and inserting ``State
authority'';
(B) in the first sentence--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii) and indenting such
clauses appropriately; and
(ii) by striking ``If a State'' and
inserting the following:
``(A) In general.--If a State'';
(C) in the second sentence, by striking ``If a
State'' and inserting the following:
``(C) Penalties for prior failures.--If a State'';
and
(D) by inserting after subparagraph (A) (as added
by subparagraph (B)(ii) of this paragraph) the
following new subparagraph:
``(B) Required penalties.--A civil money penalty of
not more than $5000 shall be assessed and collected,
with interest, against any facility which is or was out
of compliance with the requirements of clause (i),
(ii)(II), or (iii) of subsection (d)(4)(B).''.
(b) Medicaid.--
(1) Requirement to conduct criminal background checks.--
Section 1919(d)(4) of the Social Security Act (42 U.S.C.
1396r(d)(4)) is amended--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Screening of workers.--
``(i) In general.--A nursing facility shall
not knowingly employ an individual unless the
individual has passed a criminal background
check conducted in accordance with the
requirements of clause (ii).
``(ii) Requirements.--
``(I) Notification.--Not later than
180 days after the date of enactment of
this subparagraph, the Secretary, in
consultation with the Attorney General,
shall notify nursing facilities of the
requirements of this subparagraph.
``(II) Nursing facility
requirements.--
``(aa) Provision of
statements to applicants.--Not
later than 180 days after a
nursing facility receives a
notice in accordance with
subclause (I), the nursing
facility shall adopt and
enforce the requirement that
each applicant for employment
at the nursing facility shall
complete the written statement
described in subclause (III).
``(bb) Transmittal of
completed statements.--Not
later than 5 business days
after a nursing facility
receives such completed written
statement, the nursing facility
shall transmit such statement
to the Attorney General.
``(III) Statement described.--The
written statement described in this
subclause shall contain the following:
``(aa) The name, address,
and date of birth appearing on
a valid identification document
(as defined section 1028(d)(2)
of title 18, United States
Code) of the applicant, a
description of the
identification document used,
and the applicant's social
security account number.
``(bb) A statement that the
applicant has never been
convicted of a crime of
violence or of a Federal or
State offense consisting of the
distribution of controlled
substances (as that term is
defined in section 102(6) of
the Controlled Substances Act
(21 U.S.C. 802(6)).
``(cc) The date the
statement is made.
``(IV) Attorney general
requirements.--
``(aa) In general.--Upon
receipt of a completed written
statement from a nursing
facility, the Attorney General,
using information available to
the Department of Justice,
shall notify the facility of
the receipt of such statement
and promptly determine whether
the applicant completing the
statement has ever been
convicted of a crime described in subclause (III)(bb).
``(bb) Notification of
failure to pass.--Not later
than 5 business days after the
receipt of such statement, the
Attorney General shall inform
the nursing facility
transmitting the statement if
the applicant completing the
statement did not pass the
background check. A nursing
facility not so informed within
such period shall consider the
applicant completing the
statement to have passed the
background check.
``(cc) No fee.--In no case
shall a nursing facility or an
applicant be charged a fee in
connection with the background
check process conducted under
this clause.
``(iii) Limitation on use of information.--
A nursing facility that obtains criminal
background information about an applicant
pursuant to this subparagraph may use such
information only for the purpose of determining
the suitability of the worker for employment.
``(iv) No action based on failure to
hire.--In any action against a nursing facility
based on a failure or refusal to hire an
applicant, the fact that the applicant did not
pass a background check conducted in accordance
with this subparagraph shall be a complete
defense to such action.''.
(2) Penalties.--Section 1919(h)(2)(A) of the Social
Security Act (42 U.S.C. 1396r(h)(2)(A)) is amended by inserting
after clause (iv) the following new clause:
``(v) A civil money penalty of not more
than $5000 shall be assessed and collected,
with interest, against any facility which is or
was out of compliance with the requirements of
clause (i), (ii)(II), or (iii) of subsection
(d)(4)(B).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2000.
SEC. 3. REPORT ON CRIMINAL BACKGROUND CHECKS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall conduct a study of the effects
of background checks in nursing facilities and submit a report to
Congress that includes the following:
(1) The success of conducting background checks on nursing
facility employees.
(2) The impact of background checks on patient care in such
facilities.
(3) The need to conduct background checks in other patient
care settings outside of nursing facilities.
(4) Suggested methods for further improving the background
check system and the estimated costs of such improvements.
(b) Definition of Nursing Facility.--In subsection (a), the term
``nursing facility'' has the meaning given that term in section 1919(a)
of the Social Security Act (42 U.S.C. 1396r(a)) and includes a skilled
nursing facility (as defined in section 1819(a) of such Act (42 U.S.C.
1395i-3(a))).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8759-8760)
Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S8760-8761)
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