or through the provider, including nurse assistants, nurse
aides, home health aides, and personal care workers and
attendants)’’ before the period.
(c) REPORTING BY LONG-TERM CARE FACILITIES OR
PROVIDERS.—
(1) IN GENERAL.—Section 1128E(b)(1) of the
Social Security Act (42 U.S.C. 1320a–7e(b)(1)) is
amended by striking ‘‘and health plan’’ and insert-
ing ‘‘, health plan, and long-term care facility or
provider’’.
(2) CORRECTION
OF
INFORMATION.—Section
1128E(c)(2) of the Social Security Act (42 U.S.C.
1320a–7e(c)(2)) is amended by striking ‘‘and health
plan’’ and inserting ‘‘, health plan, and long-term
care facility or provider’’.
(d) ACCESS TO REPORTED INFORMATION.—Section
1128E(d)(1) of the Social Security Act (42 U.S.C. 1320a–
7e(d)(1)) is amended by striking ‘‘and health plans’’ and
inserting ‘‘, health plans, and long-term care facilities or
providers’’.
(e) MANDATORY CHECK OF DATABASE BY LONG-
TERM
CARE
FACILITIES
OR
PROVIDERS.—Section
1128E(d) of the Social Security Act (42 U.S.C. 1320a–
7e(d)) is amended by adding at the end the following:
‘‘(3) MANDATORY
CHECK
OF
DATABASE
BY
LONG-TERM
CARE
FACILITIES
OR
PROVIDERS.—A
long-term care facility or provider shall check the
database maintained under this section prior to hir-
ing under an employment or other contract, or both,
any individual as an employee of such a facility or
provider who will have direct access to a patient or
resident of the facility or provider (including individ-
uals who are licensed or certified by the State to
provide services at the facility or through the pro-
vider, and nonlicensed individuals, as defined by the
Secretary, that will provide services at the facility or
through the provider, including nurse assistants,
nurse aides, home health aides, and personal care
workers and attendants).’’.
(f) DEFINITION OF LONG-TERM CARE FACILITY OR
PROVIDER.—Section 1128E(g) of the Social Security Act
(42 U.S.C. 1320a–7e(g)) is amended by adding at the end
the following:
‘‘(6) LONG-TERM
CARE
FACILITY
OR
PRO-
VIDER.—The term ‘long-term care facility or pro-
vider’ means a skilled nursing facility (as defined in
section 1819(a)), a nursing facility (as defined in
section 1919(a)), a home health agency, a hospice
facility, an intermediate care facility for the mentally
retarded (as defined in section 1905(d)), or any
other facility that provides, or provider of, long-term
care services or home health services and receives
payment for such services under the medicare pro-
gram under title XVIII or the medicaid program
under title XIX.’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out the amend-
ments made by this section, $10,200,000 for fiscal year
2003.
SEC. 4. PREVENTION AND TRAINING DEMONSTRATION
PROJECT.
(a) ESTABLISHMENT.—The Secretary of Health and
Human Services shall establish a demonstration program
to provide grants to develop information on best practices
in patient abuse prevention training (including behavior
training and interventions) for managers and staff of hos-
pital and health care facilities.
(b) ELIGIBILITY.—To be eligible to receive a grant
under subsection (a), an entity shall be a public or private
nonprofit entity and prepare and submit to the Secretary
of Health and Human Services an application at such
time, in such manner, and containing such information as
the Secretary may require.
(c) USE
OF FUNDS.—Amounts received under a
grant under this section shall be used to—
(1) examine ways to improve collaboration be-
tween State health care survey and provider certifi-
cation agencies, long-term care ombudsman pro-
grams, the long-term care industry, and local com-
munity members;
(2) examine patient care issues relating to regu-
latory oversight, community involvement, and facility
staffing and management with a focus on staff
training, staff stress management, and staff super-
vision;
(3) examine the use of patient abuse prevention
training programs by long-term care entities, includ-
ing the training program developed by the National
Association of Attorneys General, and the extent to
which such programs are used; and
(4) identify and disseminate best practices for
preventing and reducing patient abuse.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 5. EFFECTIVE DATE.
The provisions of and amendments made by the Act
shall apply, without regard to whether implementing regu-
lations are in effect, to any individual applying for employ-
ment or hired for such employment—
(1) by any skilled nursing facility (as defined in
section 1819(a) of the Social Security Act) or any
nursing facility (as defined in section 1919(a) of
such Act), on or after the date which is 6 months
after the date of enactment of this Act,
(2) by any home health agency, on or after the
date which is 12 months after such date of enact-
ment, and
(3) by any hospice facility, any intermediate
care facility for the mentally retarded (as defined in
section 1905(d) of the Social Security Act), or any
other facility that provides long-term care services
and receives payment for such services under the
medicare program under title XVIII of such Act or
the medicaid program under title XIX of such Act,
on or after the date which is 18 months after such
date of enactment.
Æ