Nursing Home Criminal Background Check Act of 2000

Summary: Requires: (1) the Attorney General to notify nursing facilities of the requirements of this Act; (2) each nursing facility to require each applicant for employment to make a statement in writing containing the applicant's name, address, and date of birth appearing on a valid identification document, a description of the identification document used, the applicant's Social Security number, and a statement that such applicant has never been convicted of a crime of violence or a crime involving illegal activity relating to controlled substances; (3) the nursing facility to transmit each applicant statement to the Attorney General; and (4) the Attorney General to determine whether the applicant has ever been convicted of such a crime and, if so, to inform the nursing facility that the applicant did not pass the background check. Specifies that if after a specified period the nursing facility has not been informed by the Attorney General that the applicant has been so convicted, the applicant shall be deemed to have passed the background check.
Provides that: (1) in no case shall the nursing facility or the applicant be charged a fee in connection with the background check process; and (2) it is a complete defense to any cause of action against a nursing facility based on a failure or refusal to hire the applicant that the applicant did not pass the check.
(Sec. 3) Amends title XIX of the Social Security Act (Medicaid) and title XVIII of such Act (Medicare) to require a nursing facility administrator to meet the requirements of this Act.
Requires the Attorney General to study and report to Congress on the effects of background checks in nursing home settings.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nursing Home Criminal Background 
Check Act of 2000''.

SEC. 2. NURSING HOME CRIMINAL BACKGROUND CHECK.

    (a) In General.--Part I of title 18, United States Code, is amended 
by inserting after chapter 69 the following new chapter:

          ``CHAPTER 70--NURSING HOME CRIMINAL BACKGROUND CHECK

``Sec.
``1441. Prohibition of employment of convicted felons in nursing homes.
``1442. Notification of background check requirement.
``1443. Criminal background check requirement.
``1444. Statement for criminal background check.
``1445. Criminal background check process.
``1446. Definitions.
``Sec. 1441. Prohibition of employment of convicted felons in nursing 
              homes
    ``Whoever, being a nursing facility, knowingly employs a person who 
has not passed the criminal background check required by this chapter 
in connection with that employment shall be fined not more than $5,000.
``Sec. 1442. Notification of background check requirement
    ``Not later than 180 days after the date of enactment of the 
Nursing Home Criminal Background Check Act of 2000, the Attorney 
General, in consultation with the Secretary of Health and Human 
Services, shall notify nursing facilities of the requirements of this 
chapter.
``Sec. 1443. Criminal background check requirement
    ``Not later than 180 days after receiving the notice described in 
section 1442, each nursing facility shall adopt and enforce a 
requirement that each applicant to that facility for employment, make a 
statement under section 1444.
``Sec. 1444. Statement for criminal background check
    ``The statement required under section 1443 shall be in writing and 
contain--
            ``(1) the name, address, and date of birth appearing on a 
        valid identification document (as defined in section 1028(d)(2) 
        of this title) of applicant, a description of the 
        identification document used, and the applicant's Social 
        Security number;
            ``(2) a statement that such applicant has never been 
        convicted of a crime of violence or a crime involving illegal 
        activity relating to controlled substances (as that term is 
        defined in the Controlled Substances Act); and
            ``(3) the date the statement is made.
``Sec. 1445. Criminal background check process
    ``(a) The nursing facility shall transmit to the Attorney General 
each statement from an applicant that the facility receives under 
section 1444.
    ``(b)(1) The Attorney General, using information available to the 
Department of Justice, shall promptly determine whether the applicant 
has ever been convicted of a crime of violence or a crime involving 
illegal activity relating to controlled substances (as that term is 
defined in the Controlled Substances Act). If so, the Attorney General 
shall, not later than 5 business days after the receipt of the 
statement, inform the nursing facility that the applicant did not pass 
the background check. If after 5 business days the nursing facility has 
not been informed by the Attorney General that the applicant has been 
so convicted, the applicant shall be deemed to have passed the 
background check.
    ``(2) In no case shall the nursing facility or the applicant be 
charged a fee in connection with the background check process.
    ``(3) It is a complete defense to any cause of action against a 
nursing facility or any of its agents based on a failure or refusal to 
hire the applicant that the applicant did not pass the check.
``Sec. 1446. Definitions
    ``In this chapter.--
            ``(1) the term `nursing facility' means--
                    ``(A) any `nursing facility' as that term is 
                defined under section 1919(a) of title XIX of the 
                Social Security Act (42 U.S.C. 1396r(a)); and
                    ``(B) any `skilled nursing facility' as that term 
                is defined under section 1818(a) of title XVIII of the 
                Social Security Act (42 U.S.C. 1395i-3(a)); and
            ``(2) the term `applicant' does not include a person 
        seeking to enter into contract employment or employment as a 
        licensed professional such as a doctor or nurse.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 69 the following new item:

``70. Nursing Home Criminal Background Check................    1441''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Medicaid.--Section 1919 of title XIX of the Social Security Act 
(42 U.S.C. 1396r) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A nursing facility 
administrator shall meet the nursing home background check requirements 
of chapter 70 of title 18, United States Code.''.
    (b) Medicare.--Section 1819 of title XVIII of the Social Security 
Act (42 U.S.C. 1395i-3) is amended by adding at the end the following:
    ``(j) Nursing Home Criminal Background Check.--A skilled nursing 
facility administrator shall meet the nursing home background check 
requirements of chapter 70 of title 18, United States Code.''.

SEC. 4. REPORT TO CONGRESS.

    Not later than 3 years after the date of the enactment of this Act, 
the Attorney General shall conduct a study of the effects of background 
checks in nursing home settings, and report to Congress--
            (1) the success of conducting background checks on nursing 
        home employees;
            (2) the impact of background checks on patient care;
            (3) the need to conduct background checks in other settings 
        outside nursing facilities; and
            (4) methods to further improve the background check system 
        and the costs of such improvements.