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US Laws | Affordable Health Care Act (HR3950F)
TITLE VI--TRANSPARENCY AND PROGRAM INTEGRITY
Subtitle B--Nursing Home Transparency and Improvement

(b) Conduct of Demonstration Projects- (9346)

(1) GRANT AWARD- Under each demonstration project conducted under this section, the Secretary shall award 1 or more grants to facility-based settings for the development of best practices described in subsection (a) with respect to the demonstration project involved. Such award shall be made on a competitive basis and may be allocated in 1 lump-sum payment. (9347)

(2) CONSIDERATION OF SPECIAL NEEDS OF RESIDENTS- Each demonstration project conducted under this section shall take into consideration the special needs of residents of skilled nursing facilities and nursing facilities who have cognitive impairment, including dementia. (9348)

(c) Duration and Implementation- (9349)

(1) DURATION- The demonstration projects shall each be conducted for a period not to exceed 3 years. (9350)

(2) IMPLEMENTATION- The demonstration projects shall each be implemented not later than 1 year after the date of the enactment of this Act. (9351)

(d) Definitions- In this section: (9352)

(1) NURSING FACILITY- The term "nursing facility" has the meaning given such term in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)). (9353)

(2) SECRETARY- The term "Secretary" means the Secretary of Health and Human Services. (9354)

(3) SKILLED NURSING FACILITY- The term "skilled nursing facility" has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395(a)). (9355)

(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section. (9356)

(f) Report- Not later than 9 months after the completion of the demonstration project, the Secretary shall submit to Congress a report on such project, together with recommendations for such legislation and administrative action as the Secretary determines appropriate. (9357)

PART III--IMPROVING STAFF TRAINING (9358)(Text)

SEC. 6121. DEMENTIA AND ABUSE PREVENTION TRAINING. (9359)(Text)

(a) Skilled Nursing Facilities- (9360)

(1) IN GENERAL- Section 1819(f)(2)(A)(i)(I) of the Social Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i)(I)) is amended by inserting "(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training" before ", (II)". (9361)

(2) CLARIFICATION OF DEFINITION OF NURSE AIDE- Section 1819(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i-3(b)(5)(F)) is amended by adding at the end the following flush sentence: (9362)

"Such term includes an individual who provides such services through an agency or under a contract with the facility.". (9363)

(b) Nursing Facilities- (9364)

(1) IN GENERAL- Section 1919(f)(2)(A)(i)(I) of the Social Security Act (42 U.S.C. 1396r(f)(2)(A)(i)(I)) is amended by inserting "(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training" before ", (II)". (9365)

(2) CLARIFICATION OF DEFINITION OF NURSE AIDE- Section 1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1396r(b)(5)(F)) is amended by adding at the end the following flush sentence: (9366)

"Such term includes an individual who provides such services through an agency or under a contract with the facility.". (9367)

(c) Effective Date- The amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (9368)

Subtitle C--Nationwide Program for National and State Background Checks on Direct Patient Access Employees of Long-term Care Facilities and Providers (9369)(Text)

SEC. 6201. NATIONWIDE PROGRAM FOR NATIONAL AND STATE BACKGROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES AND PROVIDERS. (9370)(Text)

(a) In General- The Secretary of Health and Human Services (in this section referred to as the "Secretary"), shall establish a program to identify efficient, effective, and economical procedures for long term care facilities or providers to conduct background checks on prospective direct patient access employees on a nationwide basis (in this subsection, such program shall be referred to as the "nationwide program"). Except for the following modifications, the Secretary shall carry out the nationwide program under similar terms and conditions as the pilot program under section 307 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2257), including the prohibition on hiring abusive workers and the authorization of the imposition of penalties by a participating State under subsection (b)(3)(A) and (b)(6), respectively, of such section 307: (9371)

(1) AGREEMENTS- (9372)

(A) NEWLY PARTICIPATING STATES- The Secretary shall enter into agreements with each State-- (9373)

(i) that the Secretary has not entered into an agreement with under subsection (c)(1) of such section 307; (9374)

(ii) that agrees to conduct background checks under the nationwide program on a Statewide basis; and (9375)

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