H.R.4686 - Long-Term Care Patient Protection Act of 1998105th Congress (1997-1998)
Summary: H.R.4686 — 105th Congress (1997-1998)
Introduced in House (10/02/1998)
Long-Term Care Patient Protection Act of 1998 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to prohibit nursing facilities and skilled nursing facilities from using on a full-time or other paid basis as a feeding and hydration assistant any individual who has not completed a related, State- approved training and competency evaluation and is not competent to provide such services. Requires States to specify, and provide for review and reapproval of, approved programs meeting Federal requirements. Directs the Secretary of Health and Human Services to establish such requirements, as well as requirements respecting the minimum frequency and methodology a State shall use in reviewing compliance with them.
Prescribes requirements for nursing facilities (under Medicaid) and skilled nursing facilities (under Medicare) to meet in mandatory screening of nursing facility workers for any conviction for a relevant crime or any findings of patient or resident abuse. Prohibits a facility from knowingly employing any individual convicted of a relevant crime or with respect to whom a finding of patient or resident abuse has been made. Allows 90-day probationary employment of an individual pending completion of a background check. Requires nursing facilities and skilled nursing facilities to report to the State any instance of resident neglect or abuse or misappropriation of resident property by an employee. Expands the State registries under Medicare and Medicaid to collect information about nursing and skilled nursing facility employees other than nurse aides as well as employment applicants.
Requires exhaustion of State records before a criminal record check request is passed on to the Attorney General for a search of Federal Bureau of Investigation records. Authorizes the Attorney General and the States to charge fees for criminal background checks.
Amends SSA title XI to direct the Secretary to establish a national data collection program and database for the reporting of information collected under such expanded State registries, which shall constitute a national registry of abusive nursing facility workers. Requires States to report relevant information to such program. Grants database access to Federal and State agencies and participating nursing and skilled nursing facilities, for a reasonable fee.