Page:United States Statutes at Large Volume 124.djvu/748

 124 STAT. 722 PUBLIC LAW 111–148—MAR. 23, 2010 (A) NEWLY PARTICIPATING STATES.—The Secretary shall enter into agreements with each State— (i) that the Secretary has not entered into an agreement with under subsection (c)(1) of such section 307; (ii) that agrees to conduct background checks under the nationwide program on a Statewide basis; and (iii) that submits an application to the Secretary containing such information and at such time as the Secretary may specify. (B) CERTAIN PREVIOUSLY PARTICIPATING STATES.—The Secretary shall enter into agreements with each State— (i) that the Secretary has entered into an agree- ment with under such subsection (c)(1), but only in the case where such agreement did not require the State to conduct background checks under the program established under subsection (a) of such section 307 on a Statewide basis; (ii) that agrees to conduct background checks under the nationwide program on a Statewide basis; and (iii) that submits an application to the Secretary containing such information and at such time as the Secretary may specify. (2) NONAPPLICATION OF SELECTION CRITERIA.—The selection criteria required under subsection (c)(3)(B) of such section 307 shall not apply. (3) REQUIRED FINGERPRINT CHECK AS PART OF CRIMINAL HISTORY BACKGROUND CHECK.—The procedures established under subsection (b)(1) of such section 307 shall— (A) require that the long-term care facility or provider (or the designated agent of the long-term care facility or provider) obtain State and national criminal history back- ground checks on the prospective employee through such means as the Secretary determines appropriate, efficient, and effective that utilize a search of State-based abuse and neglect registries and databases, including the abuse and neglect registries of another State in the case where a prospective employee previously resided in that State, State criminal history records, the records of any pro- ceedings in the State that may contain disqualifying information about prospective employees (such as pro- ceedings conducted by State professional licensing and dis- ciplinary boards and State Medicaid Fraud Control Units), and Federal criminal history records, including a finger- print check using the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investiga- tion; (B) require States to describe and test methods that reduce duplicative fingerprinting, including providing for the development of ‘‘rap back’’ capability by the State such that, if a direct patient access employee of a long-term care facility or provider is convicted of a crime following the initial criminal history background check conducted