To amend title XVIII of the Social Security Act to require home health agencies participating in the Medicare Program to conduct criminal background checks for all applicants for employment as patient care providers.

April 29, 2003

Mr. ANDREWS introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend title XVIII of the Social Security Act to require home health agencies participating in the Medicare Program to conduct criminal background checks for all applicants for employment as patient care providers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REQUIRING MEDICARE HOME HEALTH AGENCIES TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ALL APPLICANTS FOR EMPLOYMENT AS PATIENT CARE PROVIDERS.

(a) IN GENERAL- Section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following new paragraph:

`(7) The agency submits to the Attorney General a criminal background request described in section 124(a) of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277) for each applicant for employment in a position involved in direct patient care.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) applies to applications for employment made on or after 90 days after the date of the enactment of this Act.

END