I
106TH CONGRESS
2D SESSION
H. R. 4293
To amend title 18, United States Code, with respect to the employment
of persons with criminal backgrounds by nursing homes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. CANNON (for himself, Mr. TALENT, and Mr. THOMPSON of California) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Commerce, and Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To amend title 18, United States Code, with respect to
the employment of persons with criminal backgrounds
by nursing homes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Nursing Home Crimi-
nal 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 fol-
lowing 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.
‘‘§ 1441. Prohibition of employment of convicted fel-
ons in nursing homes
‘‘Whoever, being a nursing facility, knowingly em-
ploys a person who has not passed the criminal back-
ground check required by this chapter in connection with
that employment shall be fined not more than $5,000.
‘‘§ 1442. Notification of background check require-
ment
‘‘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 Sec-
retary of Health and Human Services, shall notify nursing
facilities of the requirements of this chapter.
‘‘§ 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 fa-
cility for employment, make a statement under section
1444.
‘‘§ 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 ap-
pearing on a valid identification document (as de-
fined 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 in-
volving illegal activity relating to controlled sub-
stances (as that term is defined in the Controlled
Substances Act); and
‘‘(3) the date the statement is made.
‘‘§ 1445. Criminal background check process
‘‘(a) The nursing facility shall transmit to the Attor-
ney 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 de-
termine whether the applicant has ever been convicted of
a crime of violence or a crime involving illegal activity re-
lating to controlled substances (as that term is defined in
the Controlled Substances Act). If so, the Attorney Gen-
eral shall, not later than 5 business days after the receipt
of the statement, inform the nursing facility that the ap-
plicant did not pass the background check. If after 5 busi-
ness days the nursing facility has not been informed by
the Attorney General that the applicant has been so con-
victed, the applicant shall be deemed to have passed the
background check.
‘‘(2) In no case shall the nursing facility or the appli-
cant 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.
‘‘§ 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 per-
son seeking to enter into contract employment or
employment as a licensed professional such as a doc-
tor 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 fol-
lowing new item:
‘‘70. Nursing Home Criminal Background Check ................. 1441’’.
SEC. 3. CONFORMING AMENDMENTS.
(a) MEDICAID.—Section 1919 of title XIX of the So-
cial 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 enact-
ment 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.
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