Page:United States Statutes at Large Volume 124.djvu/751

 124 STAT. 725 PUBLIC LAW 111–148—MAR. 23, 2010 (i) IN GENERAL.—As part of the application sub- mitted by a State under paragraph (1)(B)(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)(B) 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 $1,500,000. (6) DEFINITIONS.—Under the nationwide program: (A) CONVICTION FOR A RELEVANT CRIME.—The term ‘‘conviction for a relevant crime’’ means any Federal or State criminal conviction for— (i) any offense described in section 1128(a) of the Social Security Act (42 U.S.C. 1320a–7); or (ii) such other types of offenses as a participating State may specify for purposes of conducting the pro- gram in such State. (B) DISQUALIFYING INFORMATION.—The term ‘‘disquali- fying information’’ means a conviction for a relevant crime or a finding of patient or resident abuse. (C) FINDING OF PATIENT OR RESIDENT ABUSE.—The term ‘‘finding of patient or resident abuse’’ means any substantiated finding by a State agency under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act (42 U.S.C. 1395i–3(g)(1)(C), 1396r(g)(1)(C)) or a Federal agency that a direct patient access employee has com- mitted— (i) an act of patient or resident abuse or neglect or a misappropriation of patient or resident property; or (ii) such other types of acts as a participating State may specify for purposes of conducting the pro- gram in such State. (D) DIRECT PATIENT ACCESS EMPLOYEE.—The term ‘‘direct patient access employee’’ means any individual who has access to a patient or resident of a long-term care facility or provider through employment or through a con- tract with such facility or provider and has duties that involve (or may involve) one-on-one contact with a patient or resident of the facility or provider, as determined by the State for purposes of the nationwide program. Such term does not include a volunteer unless the volunteer has duties that are equivalent to the duties of a direct patient access employee and those duties involve (or may involve) one-on-one contact with a patient or resident of the long-term care facility or provider. (E) LONG-TERM CARE FACILITY OR PROVIDER.—The term ‘‘long-term care facility or provider’’ means the following facilities or providers which receive payment for services under title XVIII or XIX of the Social Security Act: