Page:United States Statutes at Large Volume 124.djvu/750

 124 STAT. 724 PUBLIC LAW 111–148—MAR. 23, 2010 prospective direct patient access employee to deter- mine whether the employee has any conviction for a relevant crime; (III) immediately reporting to the long-term care facility or provider that requested the criminal history background check the results of such review; and (IV) in the case of an employee with a convic- tion for a relevant crime that is subject to reporting under section 1128E of the Social Security Act (42 U.S.C. 1320a–7e), reporting the existence of such conviction to the database established under that section; (vi) determine which individuals are direct patient access employees (as defined in paragraph (6)(B)) for purposes of the nationwide program; (vii) as appropriate, specify offenses, including convictions for violent crimes, for purposes of the nationwide program; and (viii) describe and test methods that reduce duplicative fingerprinting, including providing for the development of ‘‘rap back’’ capability 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 with respect to such employee, and the employee’s fingerprints match the prints on file with the State law enforcement department— (I) the department will immediately inform the State agency designated under clause (v) and such agency will immediately inform the facility or provider which employs the direct patient access employee of such conviction; and (II) the State will provide, or will require the facility to provide, to the employee a copy of the results of the criminal history background check conducted with respect to the employee at no charge in the case where the individual requests such a copy. (5) PAYMENTS.— (A) NEWLY PARTICIPATING STATES.— (i) IN GENERAL.—As part of the application sub- mitted by a State under paragraph (1)(A)(iii), the State shall guarantee, with respect to the costs to be incurred by the State in carrying out the nationwide program, that the State will make available (directly or through donations from public or private entities) a particular amount of non-Federal contributions, as a condition of receiving the Federal match under clause (ii). (ii) FEDERAL MATCH.—The payment amount to each State that the Secretary enters into an agreement with under paragraph (1)(A) shall be 3 times the amount that the State guarantees to make available under clause (i), except that in no case may the pay- ment amount exceed $3,000,000. (B) PREVIOUSLY PARTICIPATING STATES.—