Page:United States Statutes at Large Volume 117.djvu/2279

 117 STAT. 2260

Grants. Contracts.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

PUBLIC LAW 108–173—DEC. 8, 2003

agencies (including temporary employment agencies) may contact the State directly to conduct background checks on prospective direct patient access employees. (III) At least one participating State should include patient abuse prevention training (including behavior training and interventions) for managers and employees of long-term care facilities and providers as part of the pilot program conducted in that State. (iii) INCLUSION OF STATES WITH EXISTING PROGRAMS.—Nothing in this section shall be construed as prohibiting any State which, as of the date of the enactment of this Act, has procedures for conducting background checks on behalf of any entity described in subsection (g)(5) from being selected to participate in the pilot program conducted under this section. (d) PAYMENTS.—Of the amounts made available under subsection (f) to conduct the pilot program under this section, the Secretary shall— (1) make payments to participating States for the costs of conducting the pilot program in such States; and (2) reserve up to 4 percent of such amounts to conduct the evaluation required under subsection (e). (e) EVALUATION.—The Secretary, in consultation with the Attorney General, shall conduct by grant, contract, or interagency agreement an evaluation of the pilot program conducted under this section. Such evaluation shall— (1) review the various procedures implemented by participating States for long-term care facilities or providers to conduct background checks of direct patient access employees and identify the most efficient, effective, and economical procedures for conducting such background checks; (2) assess the costs of conducting such background checks (including start-up and administrative costs); (3) consider the benefits and problems associated with requiring employees or facilities or providers to pay the costs of conducting such background checks; (4) consider whether the costs of conducting such background checks should be allocated between the medicare and medicaid programs and if so, identify an equitable methodology for doing so; (5) determine the extent to which conducting such background checks leads to any unintended consequences, including a reduction in the available workforce for such facilities or providers; (6) review forms used by participating States in order to develop, in consultation with the Attorney General, a model form for such background checks; (7) determine the effectiveness of background checks conducted by employment agencies; and (8) recommend appropriate procedures and payment mechanisms for implementing a national criminal background check program for such facilities and providers. (f) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out

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