Page:United States Statutes at Large Volume 124.djvu/828

 124 STAT. 802 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(e) PROCEDURE.—The provisions of section 1128A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to a civil money penalty or exclusion under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ‘‘(f) DEFINITIONS.—In this section, the terms ‘elder justice’, ‘long- term care facility’, and ‘law enforcement’ have the meanings given those terms in section 2011.’’. (c) NATIONAL NURSE AIDE REGISTRY.— (1) DEFINITION OF NURSE AIDE.—In this subsection, the term ‘‘nurse aide’’ has the meaning given that term in sections 1819(b)(5)(F) and 1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i–3(b)(5)(F); 1396r(b)(5)(F)). (2) STUDY AND REPORT.— (A) IN GENERAL.—The Secretary, in consultation with appropriate government agencies and private sector organizations, shall conduct a study on establishing a national nurse aide registry. (B) AREAS EVALUATED.—The study conducted under this subsection shall include an evaluation of— (i) who should be included in the registry; (ii) how such a registry would comply with Federal and State privacy laws and regulations; (iii) how data would be collected for the registry; (iv) what entities and individuals would have access to the data collected; (v) how the registry would provide appropriate information regarding violations of Federal and State law by individuals included in the registry; (vi) how the functions of a national nurse aide registry would be coordinated with the nationwide pro- gram for national and State background checks on direct patient access employees of long-term care facili- ties and providers under section 4301; and (vii) how the information included in State nurse aide registries developed and maintained under sec- tions 1819(e)(2) and 1919(e)(2) of the Social Security Act (42 U.S.C. 1395i–3(e)(2); 1396r(e)(2)(2)) would be provided as part of a national nurse aide registry. (C) CONSIDERATIONS.—In conducting the study and preparing the report required under this subsection, the Secretary shall take into consideration the findings and conclusions of relevant reports and other relevant resources, including the following: (i) The Department of Health and Human Services Office of Inspector General Report, Nurse Aide Reg- istries: State Compliance and Practices (February 2005). (ii) The General Accounting Office (now known as the Government Accountability Office) Report, Nursing Homes: More Can Be Done to Protect Resi- dents from Abuse (March 2002). (iii) The Department of Health and Human Serv- ices Office of the Inspector General Report, Nurse Aide Registries: Long-Term Care Facility Compliance and Practices (July 2005). Applicability.