PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2261
the pilot program under this section for the period of fiscal years 2004 through 2007, $25,000,000. (g) DEFINITIONS.—In this section: (1) CONVICTION FOR A RELEVANT CRIME.—The term ‘‘conviction for a relevant crime’’ means any Federal or State criminal conviction for— (A) any offense described in section 1128(a) of the Social Security Act (42 U.S.C. 1320a–7); and (B) such other types of offenses as a participating State may specify for purposes of conducting the pilot program in such State. (2) DISQUALIFYING INFORMATION.—The term ‘‘disqualifying information’’ means a conviction for a relevant crime or a finding of patient or resident abuse. (3) FINDING OF PATIENT OR RESIDENT ABUSE.—The term ‘‘finding of patient or resident abuse’’ means any substantiated finding by a State agency under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act (42 U.S.C. 1395i– 3(g)(1)(C), 1396r(g)(1)(C)) or a Federal agency that a direct patient access employee has committed— (A) an act of patient or resident abuse or neglect or a misappropriation of patient or resident property; or (B) such other types of acts as a participating State may specify for purposes of conducting the pilot program in such State. (4) DIRECT PATIENT ACCESS EMPLOYEE.—The term ‘‘direct patient access employee’’ means any individual (other than a volunteer) that has access to a patient or resident of a long-term care facility or provider through employment or through a contract with such facility or provider, as determined by a participating State for purposes of conducting the pilot program in such State. (5) LONG-TERM CARE FACILITY OR PROVIDER.— (A) IN GENERAL.—The term ‘‘long-term care facility or provider’’ means the following facilities or providers which receive payment for services under title XVIII or XIX of the Social Security Act: (i) A skilled nursing facility (as defined in section 1819(a) of the Social Security Act) (42 U.S.C. 1395i– 3(a)). (ii) A nursing facility (as defined in section 1919(a) in such Act) (42 U.S.C. 1396r(a)). (iii) A home health agency. (iv) A provider of hospice care (as defined in section 1861(dd)(1) of such Act) (42 U.S.C. 1395x(dd)(1)). (v) A long-term care hospital (as described in section 1886(d)(1)(B)(iv) of such Act) (42 U.S.C. 1395ww(d)(1)(B)(iv)). (vi) A provider of personal care services. (vii) A residential care provider that arranges for, or directly provides, long-term care services. (viii) An intermediate care facility for the mentally retarded (as defined in section 1905(d) of such Act) 42 U.S.C. 1396d(d)). (B) ADDITIONAL FACILITIES OR PROVIDERS.—During the first year in which a pilot program under this section is conducted in a participating State, the State may expand
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