Page:United States Statutes at Large Volume 124.djvu/749

124 STAT. 723 PUBLIC LAW 111–148—MAR. 23, 2010 with respect to such employee, and the employee’s finger- prints match the prints on file with the State law enforce- ment department, the department will immediately inform the State and the State will immediately inform the long- term care facility or provider which employs the direct patient access employee of such conviction; and (C) require that criminal history background checks conducted under the nationwide program remain valid for a period of time specified by the Secretary. (4) STATE REQUIREMENTS.—An agreement entered into under paragraph (1) shall require that a participating State— (A) be responsible for monitoring compliance with the requirements of the nationwide program; (B) have procedures in place to— (i) conduct screening and criminal history back- ground checks under the nationwide program in accord- ance with the requirements of this section; (ii) monitor compliance by long-term care facilities and providers with the procedures and requirements of the nationwide program; (iii) as appropriate, provide for a provisional period of employment by a long-term care facility or provider of a direct patient access employee, not to exceed 60 days, pending completion of the required criminal his- tory background check and, in the case where the employee has appealed the results of such background check, pending completion of the appeals process, during which the employee shall be subject to direct on-site supervision (in accordance with procedures established by the State to ensure that a long-term care facility or provider furnishes such direct on-site supervision); (iv) provide an independent process 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 nationwide program, including the specification of criteria for appeals for direct patient access employees found to have disqualifying information which shall include consideration of the passage of time, extenuating cir- cumstances, demonstration of rehabilitation, and rel- evancy of the particular disqualifying information with respect to the current employment of the individual; (v) provide for the designation of a single State agency as responsible for— (I) overseeing the coordination of any State and national criminal history background checks requested by a long-term care facility or provider (or the designated agent of the long-term care facility or provider) utilizing a search of State and Federal criminal history records, including a fingerprint check of such records; (II) overseeing the design of appropriate pri- vacy and security safeguards for use in the review of the results of any State or national criminal history background checks conducted regarding a Procedures.