ter commencing on January 1, 2011, in an 
amount equal to 90 percent of the sums 
expended with respect to costs incurred 
during such quarter as are attributable to 
the conduct of such national criminal his-
tory background checks under such section 
1919(b)(9). 
(B) FUNDING FOR PAYMENTS FOR COSTS 
INCURRED UNDER MEDICARE PROGRAM.—The 
Secretary of Health and Human Services shall 
provide for the transfer, in appropriate part 
from the Federal Hospital Insurance Trust 
Fund established under section 1817 of the So-
cial Security Act (42 U.S.C. 1395i) and the 
Federal Supplementary Insurance Trust Fund 
established under section 1841 of such Act (42 
U.S.C. 1395t), of such funds as are necessary 
to make payments under subparagraph (A)(i) 
for fiscal year 2011 and each fiscal year there-
after. 
(C) DETERMINATION
OF
APPROPRIATE 
PROPORTION.—In establishing the procedures 
under subparagraph (A), the Secretary of 
Health and Human Services shall determine 
what proportion of payments using the mecha-
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nisms described in such subparagraph would re-
sult in an equitable allocation of the costs of 
such reimbursement between the Medicare pro-
gram under title XVIII of the Social Security 
Act and the Medicaid program under title XIX 
of such Act. 
(2) ENSURING NO DUPLICATIVE PAYMENTS.— 
The procedures established under paragraph (1)(A) 
shall ensure that no duplicative payments are made 
for the costs of conducting such national criminal 
history background checks, including any duplication 
of payments made under the pilot program for na-
tional and State background checks on direct patient 
access employees of long-term care facilities or pro-
viders under section 307 of the Medicare Prescrip-
tion Drug, Improvement, and Modernization Act of 
2007, including the nationwide expansion program 
under subsection (h) of such section, as added by 
section 3. 
(3) SUBMISSION OF COSTS INCURRED BY FA-
CILITIES IN PERFORMING CHECKS.— 
(A) IN GENERAL.—The procedures estab-
lished under paragraph (1)(A) shall provide a 
process, such as through submission of a bill, 
by which a skilled nursing facility, a nursing fa-
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cility, and a long-term care facility or provider 
may submit information regarding the costs in-
curred by such facility in conducting national 
criminal history background checks under sec-
tions 
1819(b)(9), 
1919(b)(9), 
1898, 
and 
1902(a)(71) of the Social Security Act, as 
added by subsections (a)(1), (a)(2), (b)(1), and 
(b)(2), respectively. 
(B) MODEL
FORMS.—The Secretary of 
Health and Human Services shall develop 
model forms that may be used by a skilled 
nursing facility, a nursing facility, and a long- 
term care facility or provider to submit a claim 
for reimbursement of the costs described in 
paragraph (1)(A) that contains the information 
described in subparagraph (A). 
(4) REGULATIONS.—Not later than 3 years 
after the date of enactment of this Act, the Sec-
retary of Health and Human Services shall promul-
gate regulations to carry out this subsection. 
SEC. 5. BACKGROUND CHECKS PROVIDED BY THE FED-
ERAL BUREAU OF INVESTIGATION. 
(a) DEVELOPMENT OF RAP BACK CAPABILITIES.— 
(1) IN GENERAL.—Not later than January 1, 
2011, the Director of the Federal Bureau of Inves-
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tigation (in this section referred to as the ‘‘Direc-
tor’’) shall ensure that the Integrated Automated 
Fingerprint Identification System of the Federal Bu-
reau of Investigation has the capacity to store and 
retrieve fingerprints from its database. 
(2) NOTIFICATION OF CONVICTION OF DIRECT 
PATIENT ACCESS EMPLOYEE.—In the case where a 
direct patient access employee (as defined in sub-
paragraph (F)(iii) of sections 1819(b)(9) and 
1919(b)(9) of the Social Security Act, as added by 
section 4(a)) is convicted of a crime following the 
initial national criminal history background check 
conducted with respect to such employee under such 
sections 1819(b)(9) and 1919(b)(9), and the employ-
ee’s fingerprint matches the prints on file with the 
Federal Bureau of Investigation, the Bureau shall 
inform the State law enforcement department, in 
order for the State to inform the skilled nursing fa-
cility, nursing facility, or long-term care facility or 
provider of such conviction in accordance with the 
requirements 
of 
sections 
1819(e)(6)(I) 
and 
1919(e)(8)(I) of the Social Security Act, as added by 
section 4(a). 
(b) REASONABLE FEE
FOR NATIONAL CRIMINAL 
HISTORY BACKGROUND CHECKS CONDUCTED ON EM-
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PLOYEES OF LONG-TERM CARE FACILITIES.—The Direc-
tor may charge a reasonable fee, in consultation with the 
Secretary of Health and Human Services, for a national 
criminal history background check using the Integrated 
Automated Fingerprint Identification System of the Fed-
eral Bureau of Investigation that is conducted under sec-
tion 1819(b)(9), 1919(b)(9), 1898, or 1902(a)(71) of the 
Social Security Act, as added by subsections (a)(1), (a)(2), 
(b)(1), and (b)(2) of section 4, respectively, that rep-
resents the actual cost of conducting such national crimi-
nal history background check. 
Æ 
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