PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2257
(e) CONSTRUCTION RELATING TO CONDUCT OF INVESTIGATION OF FRAUD.—A recovery of an overpayment to a provider by a recovery audit contractor shall not be construed to prohibit the Secretary or the Attorney General from investigating and prosecuting, if appropriate, allegations of fraud or abuse arising from such overpayment. (f) REPORT.—The Secretary shall submit to Congress a report on the project not later than 6 months after the date of its completion. Such reports shall include information on the impact of the project on savings to the medicare program and recommendations on the cost-effectiveness of extending or expanding the project.information’ means information about a conviction for a relevant crime or a finding of patient or resident abuse. SEC. 307. PILOT PROGRAM FOR NATIONAL AND STATE BACKGROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES OR PROVIDERS.
Deadline.
42 USC 1395aa note.
(a) AUTHORITY TO CONDUCT PROGRAM.—The Secretary, in consultation with the Attorney General, shall establish a pilot program to identify efficient, effective, and economical procedures for long term care facilities or providers to conduct background checks on prospective direct patient access employees. (b) REQUIREMENTS.— (1) IN GENERAL.—Under the pilot program, a long-term care facility or provider in a participating State, prior to employing a direct patient access employee that is first hired on or after the commencement date of the pilot program in the State, shall conduct a background check on the employee in accordance with such procedures as the participating State shall establish. (2) PROCEDURES.— (A) IN GENERAL.—The procedures established by a participating State under paragraph (1) should be designed to— (i) give a prospective direct access patient employee notice that the long-term care facility or provider is required to perform background checks with respect to new employees; (ii) require, as a condition of employment, that the employee— (I) provide a written statement disclosing any disqualifying information; (II) provide a statement signed by the employee authorizing the facility to request national and State criminal history background checks; (III) provide the facility with a rolled set of the employee’s fingerprints; and (IV) provide any other identification information the participating State may require; (iii) require the facility or provider to check any available registries that would be likely to contain disqualifying information about a prospective employee of a long-term care facility or provider; and (iv) permit the facility or provider to obtain State and national criminal history background checks on the prospective employee through a 10-fingerprint
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