Page:United States Statutes at Large Volume 124.djvu/747

 124 STAT. 721 PUBLIC LAW 111–148—MAR. 23, 2010 inserting ‘‘(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training’’ before ‘‘, (II)’’. (2) CLARIFICATION OF DEFINITION OF NURSE AIDE.—Section 1819(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i– 3(b)(5)(F)) is amended by adding at the end the following flush sentence: ‘‘Such term includes an individual who provides such serv- ices through an agency or under a contract with the facility.’’. (b) NURSING FACILITIES.— (1) IN GENERAL.—Section 1919(f)(2)(A)(i)(I) of the Social Security Act (42 U.S.C. 1396r(f)(2)(A)(i)(I)) is amended by inserting ‘‘(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training’’ before ‘‘, (II)’’. (2) CLARIFICATION OF DEFINITION OF NURSE AIDE.—Section 1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1396r(b)(5)(F)) is amended by adding at the end the following flush sentence: ‘‘Such term includes an individual who provides such serv- ices through an agency or under a contract with the facility.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. Subtitle C—Nationwide Program for Na- tional and State Background Checks on Direct Patient Access Employees of Long-term Care Facilities and Providers SEC. 6201. NATIONWIDE PROGRAM FOR NATIONAL AND STATE BACK- GROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES AND PRO- VIDERS. (a) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’), shall establish a program to identify efficient, effective, and economical procedures for long term care facilities or providers to conduct background checks on prospective direct patient access employees on a nation- wide basis (in this subsection, such program shall be referred to as the ‘‘nationwide program’’). Except for the following modifica- tions, the Secretary shall carry out the nationwide program under similar terms and conditions as the pilot program under section 307 of the Medicare Prescription Drug, Improvement, and Mod- ernization Act of 2003 (Public Law 108–173; 117 Stat. 2257), including the prohibition on hiring abusive workers and the authorization of the imposition of penalties by a participating State under subsection (b)(3)(A) and (b)(6), respectively, of such section 307: (1) AGREEMENTS.— 42 USC 1320a–7l. 42 USC 1395i–3 note.