manner as such provisions apply to a nursing facil-
ity.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date that 
is 1 year after the date on which the evaluation is 
completed under subsection (d)(1). 
(d) NATIONAL CRIMINAL BACKGROUND CHECK PRO-
GRAM.— 
(1) COMPLETION OF PILOT PROGRAM EVALUA-
TION.—Not later than the date that is 6 months 
after the completion of the pilot program for na-
tional and State background checks on direct patient 
access employees of long-term care facilities or pro-
viders established under section 307 of the Medicare 
Prescription Drug, Improvement, and Modernization 
Act of 2003 (Public Law 108–173), the Secretary 
shall complete the evaluation required under sub-
section (e) of such section of such Act. 
(2) ESTABLISHMENT.— 
(A) IN GENERAL.—Not later than the date 
that is 1 year after the completion of the eval-
uation of the program described in paragraph 
(1), the Secretary, in consultation with the At-
torney General, shall establish a national crimi-
nal background check program in order to pre-
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vent abuse of nursing facility and skilled nurs-
ing facility residents and individuals receiving 
home health care services and other long-term 
care services under the medicare or medicaid 
programs, taking into account the findings and 
recommendations contained in the evaluation. 
(B) USE IN CONDUCTING REQUIRED BACK-
GROUND CHECKS.—The national criminal back-
ground check program shall be made available 
to a long-term care facility or provider for the 
purpose of conducting criminal background 
checks, including the criminal background 
checks required under sections 1819(b)(9) and 
1919(b)(9) of the Social Security Act (42 
U.S.C. 1395i–3(b), 1396r(b)) (as added by sub-
section (a)). 
(C) CONDUCT
OF
BACKGROUND
CHECKS 
BY
THE
FEDERAL
BUREAU
OF
INVESTIGA-
TION.—The Secretary, in consultation with the 
Attorney General, shall establish procedures for 
the background checks to be conducted by the 
Federal Bureau of Investigation, in cooperation 
with appropriate State and Federal agencies. 
(D) CONSULTATION.—In establishing the 
national criminal background check program, 
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the Secretary shall consult with appropriate in-
terested parties, including— 
(I) representatives of long-term care 
facilities or providers; 
(ii) representatives of employees of 
long-term care facilities or providers; 
(iii) consumers of long-term care serv-
ices; 
(iv) consumer advocates; and 
(v) appropriate Federal and State of-
ficials. 
(3) DEFINITIONS.—In this subsection: 
(A) LONG-TERM CARE FACILITY OR PRO-
VIDER.—The term ‘‘long-term care facility or 
provider’’ means the following facilities or pro-
viders which receive payment for services under 
title XVIII or XIX of the Social Security Act: 
(I) A nursing facility (as defined in 
subparagraph (B)). 
(ii) A skilled nursing facility (as de-
fined in subparagraph )). 
(iii) A home health agency. 
(iv) A provider of hospice care (as de-
fined in section 1861(dd)(1) of the Social 
Security Act) (42 U.S.C. 1395x(dd)(1)). 
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(v) A long-term care hospital (as de-
scribed 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 serv-
ices. 
(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 sec-
tion 1905(d) of such Act) (42 U.S.C. 
1396d(d)). 
(B) NURSING FACILITY.—The term ‘‘nurs-
ing facility’’ has the meaning given such term 
in section 1919(a) of the Social Security Act 
(42 U.S.C. 1396r(a)). 
(C) SKILLED
NURSING
FACILITY.—The 
term ‘‘skilled nursing facility’’ has the meaning 
given such term in 1819(a) of the Social Secu-
rity Act (42 U.S.C. 1395i–3(a)). 
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SEC. 3. SECURING THE RIGHT TO A SAFE ENVIRONMENT IN 
LONG-TERM CARE FACILITIES DURING AN 
EMERGENCY OR NATURAL DISASTER BY RE-
QUIRING THESE FACILITIES TO ESTABLISH 
DISASTER EMERGENCY AND EVACUATION 
PLANS. 
(a) ADDITION TO NURSING HOME PATIENTS’ BILL 
OF RIGHTS OF RIGHT TO A SAFE ENVIRONMENT DURING 
AN
EMERGENCY
OR
NATURAL
DISASTER.—Sections 
1819(c)(1)(A) and 1919(c)(1)(A) of the Social Security 
Act (42 U.S.C. 1395i–3(c)(1)(A), 1396r(c)(1)(A)), as 
amended by section 2(a), are each amended by inserting 
after clause (xi) the following new clause: 
‘‘(xii) SAFE
ENVIRONMENT
DURING 
EMERGENCY OR NATURAL DISASTER.—The 
right to a safe environment during an 
emergency or natural disaster.’’. 
(b) 
APPLICATION
UNDER
MEDICARE.—Section 
1819(d)(4) of such Act (42 U.S.C. 1395i–3(d)(4)) is 
amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
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‘‘(B) DISASTER EMERGENCY AND EVACU-
ATION
PLANS.—A 
skilled 
nursing 
facility 
must— 
‘‘(I) have a clear and pre-established 
disaster plan to ensure the safety of all its 
patients during an emergency or natural 
disaster and possible evacuation; and 
‘‘(ii) inform residents and next-of-kin 
regarding such plan and the location of 
possible evacuation in case of an emer-
gency or disaster.’’. 
(c) MEDICAID.—Section 1919(d)(4) of such Act (42 
U.S.C. 1396r(d)(4)) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) DISASTER EMERGENCY AND EVACU-
ATION PLANS.—A nursing facility must— 
‘‘(I) have a clear and pre-established 
disaster plan to ensure the safety of all its 
patients during an emergency or natural 
disaster and possible evacuation; and 
‘‘(ii) inform residents and next-of-kin 
regarding such plan and the location of 
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possible evacuation in case of an emer-
gency or disaster.’’. 
(d) APPLICATION TO OTHER LONG-TERM CARE FA-
CILITIES.— 
(1) MEDICARE.—Section 1898(a) of such Act, 
as added by section 2(c)(1), is amended by inserting 
‘‘and 
section 
1819(d)(4)(B)’’ 
after 
‘‘section 
1819(b)(9)’’. 
(2) MEDICAID.—Section 1902(a)(71) of such 
Act, as inserted by section 2(c)(2)(C), is amended by 
inserting ‘‘and section 1919(d)(4)(B)’’ after ‘‘section 
1919(b)(9)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply as of the date that is one year 
after the date of the enactment of this Act. 
Æ 
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