abusive work history background check with respect to an
individual, in a manner consistent with the following:
(1) INCLUSION
OF
INFORMATION
ON
DOCU-
MENTED FINDINGS OF PATIENT ABUSE.—The reg-
istry shall maintain a list of all individuals in the
State who are (or were) direct care employees and
with respect to whom there are specific documented
findings of patient abuse, as well as any brief state-
ment of the individual disputing the findings. Such
findings shall be made available in the same manner
as findings described in sections 1819(c)(2)(B) and
1919(c)(2)(B) of the Social Security Act.
(2) FORWARDING
INFORMATION
ON
INDIVID-
UALS
WITH
DOCUMENTED
FINDINGS
OF
PATIENT
ABUSE.—If the registry has a documented finding
described in paragraph (1) with respect to an indi-
vidual, the registry—
(A) shall provide the national registry co-
ordination system with—
(i) information on the identity of the
individual and the State;
(ii) information on the fact that such
a finding was made; and
(iii) such additional information re-
specting the finding as the Secretary may
require; and
(B) shall provide, to another State direct
care employee registry that requests informa-
tion on an individual for whom such a docu-
mented finding has been made through the sys-
tem, information respecting the finding.
(e) FEES.—A State may assess a covered facility a
fee for the conduct of a background check under section
2(a) in an amount that does not exceed the actual cost
to the State of obtaining the criminal background check
and the abusive work history background check on an indi-
vidual. Such a facility may recover all of the fee from the
individual involved.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) BACKGROUND
CHECK; CRIMINAL
BACK-
GROUND
CHECK; ABUSIVE
WORK
HISTORY
BACK-
GROUND CHECK.—
(A) 
BACKGROUND
CHECK.—The 
term
‘‘background check’’ includes a criminal back-
ground check and an abusive work history back-
ground check.
(B) CRIMINAL BACKGROUND CHECK.—The
term ‘‘criminal background check’’ means a
check of the criminal history record system
maintained by the Federal Bureau of Investiga-
tion based on fingerprint identification or any
other method of positive identification for the
purpose of determining whether an individual
has been convicted of a disqualifying crime.
(C) ABUSIVE WORK HISTORY BACKGROUND
CHECK.—The term ‘‘abusive work history back-
ground check’’ means, with respect to an indi-
vidual, a check of State direct care employee
registries for the purpose of determining wheth-
er there is a documented finding that the indi-
vidual was involved in patient abuse.
(2) COVERED
FACILITY.—The term ‘‘covered
facility’’ means a nursing facility (including a skilled
nursing facility), home health agency, or hospice
program which receives payment under any federally
funded program.
(3) DIRECT CARE EMPLOYEE.—
(A) IN GENERAL.—The term ‘‘direct care
employee’’ means a nurse aide, home health
care aide, personal care assistant, private duty
nurse aide, day attendant, housekeeper, library
attendant, laundry assistant, or similar worker
who performs nursing or related tasks involving
direct patient care in a covered facility.
(B) EXCLUSIONS.—Such term does not in-
clude an individual—
(i) who is a physician, physician as-
sistant, 
nurse 
practitioner, 
physical,
speech, or occupational therapist, physical
or occupational therapy assistant, reg-
istered professional nurse, licensed prac-
tical nurse, or licensed or certified social
worker, or registered dietitian;
(ii) who volunteers to provide such
services without monetary compensation;
or
(iii) who meets such other require-
ments as the Secretary may specify.
(4) DISQUALIFYING
CRIME; 
NATIONAL
DIS-
QUALIFYING
CRIME; 
STATE
DISQUALIFYING
CRIME.—
(A) DISQUALIFYING
CRIME.—The term
‘‘disqualifying crime’’ means, with respect to an
individual applying for employment in a State,
a criminal offense that is a national disqualify-
ing crime or a State disqualifying crime in that
State.
(B) NATIONAL
DISQUALIFYING
CRIME.—
The 
term 
‘‘national 
disqualifying 
crime’’
means—
(i) a criminal offense described in sec-
tion 1128(a) of the Social Security Act; or
(ii) felony homicide, battery, or as-
sault (including sexual assault),
regardless of the date of conviction for the
crime.
(C) STATE
DISQUALIFYING
CRIME.—The
term ‘‘State disqualifying crime’’ means, with
respect to a State, such criminal offenses (other
than national disqualifying crimes) as the State
may under law treat as a State disqualifying
crime for purposes of this Act and for such pe-
riod of time as the State may provide.
(5) NATIONAL REGISTRY COORDINATION SYS-
TEM.—The term ‘‘national registry coordination sys-
tem’’ means a system established under section 3(b).
(6) PATIENT
ABUSE.—The term ‘‘patient
abuse’’ means such incidence of abuse, neglect, mis-
treatment, or misappropriation of property of an in-
dividual receiving services in a covered facility as the
Secretary shall specify in regulations.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Health and Human Services.
(8) STATE
CRIMINAL
BACKGROUND
CHECK
AGENCY.—The term ‘‘State criminal background
check agency’’ means, with respect to a State, the
State agency specified by the State to provide for
the conduct of criminal background checks under
this Act.
(9) STATE
DIRECT
CARE
EMPLOYEE
REG-
ISTRY.—The term ‘‘State direct care employee reg-
istry’’ means a nurse aide registry that is established
under sections 1819(e)(2)(A) and 1919(e)(2)(A) of
the Social Security Act and that provides for func-
tions required of such a registry under section 3 of
this Act.
Æ