PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2259
(1) IN GENERAL.—The Secretary shall enter into agreements with not more than 10 States to conduct the pilot program under this section in such States. (2) REQUIREMENTS FOR STATES.—An agreement entered into under paragraph (1) shall require that a participating State— (A) be responsible for monitoring compliance with the requirements of the pilot program; (B) have procedures by which a provisional employee or an employee may appeal or dispute the accuracy of the information obtained in a background check performed under the pilot program; and (C) agree to— (i) review the results of any State or national criminal history background checks conducted regarding a prospective direct patient access employee to determine whether the employee has any conviction for a relevant crime; (ii) immediately report to the entity that requested the criminal history background checks the results of such review; and (iii) in the case of an employee with a conviction for a relevant crime that is subject to reporting under section 1128E of the Social Security Act (42 U.S.C. 1320a–7e), report the existence of such conviction to the database established under that section. (3) APPLICATION AND SELECTION CRITERIA.— (A) APPLICATION.—A State seeking to participate in the pilot program established under this section, shall submit an application to the Secretary containing such information and at such time as the Secretary may specify. (B) SELECTION CRITERIA.— (i) IN GENERAL.—In selecting States to participate in the pilot program, the Secretary shall establish criteria to ensure— (I) geographic diversity; (II) the inclusion of a variety of long-term care facilities or providers; (III) the evaluation of a variety of payment mechanisms for covering the costs of conducting the background checks required under the pilot program; and (IV) the evaluation of a variety of penalties (monetary and otherwise) used by participating States to enforce the requirements of the pilot program in such States. (ii) ADDITIONAL CRITERIA.—The Secretary shall, to the greatest extent practicable, select States to participate in the pilot program in accordance with the following: (I) At least one participating State should permit long-term care facilities or providers to provide for a provisional period of employment pending completion of a background check and at least one such State should not permit such a period of employment. (II) At least one participating State should establish procedures under which employment
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