The issue of patient abuse, neglect, and financial misappropriation within long-term care (LTC) facilities has been a recognized concern since the Omnibus Budget Reconciliation Act (OBRA) of 1987. Addressing this critical problem, the Affordable Care Act of 2010 (ACA), through Title VI, Subtitle B, Part III, Subtitle C, Section 6201, established a framework for a nationwide initiative: the 2010 Affordable Care Act’s ACA National Background Check Grant Program. This program is specifically designed to implement comprehensive background checks for all prospective direct patient access employees within LTC facilities and providers across the nation.
This significant program encompasses a wide range of LTC services and facilities. These include skilled nursing facilities, nursing homes, home health agencies, hospice providers, personal care services, long-term care hospitals, residential care providers offering or coordinating LTC services, and intermediate care facilities catering to individuals with intellectual disabilities. The overarching goal of the 2010 Affordable Care Act’s ACA National Background Check Grant Program is to develop and identify the most efficient, effective, and economical methods for conducting these crucial background checks.
The Centers for Medicare & Medicaid Services (CMS) is the agency responsible for administering the 2010 Affordable Care Act’s ACA National Background Check Grant Program. In this role, CMS collaborates closely with both the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), leveraging their expertise in law enforcement and background investigations.
In a significant step forward, CMS has awarded over $65 million in grants to 28 states. These funds are dedicated to assisting these states in designing and implementing comprehensive national background check programs for individuals seeking direct patient access employment in long-term care settings. Furthermore, CMS is providing ongoing technical support to all states participating in this vital program. The effectiveness and impact of the 2010 Affordable Care Act’s ACA National Background Check Grant Program will be rigorously evaluated by the HHS Office of Inspector General (OIG), ensuring accountability and continuous improvement in safeguarding vulnerable individuals receiving long-term care services.
