ACA Nationwide Program for National and State Background Checks for Direct Patient Access Employees

The program is intended to establish a nationwide program to identify efficient, effective, and economical procedures for long term care facilities and providers to conduct background checks on a statewide basis on all prospective direct patient access employees.


Agency - Department of Health and Human Services

The Department of Health and Human Services is the Federal government's principal agency for protecting the health of all Americans and providing essential human services, especially to those who are least able to help themselves.

Office - See Regional Agency Offices.

Debra Spears CMCS/SCG/DNH.


Program Accomplishments

Not Applicable.

Uses and Use Restrictions

CMS is conducting a nationwide program that will identify efficient, effective and economical procedures for long term care facilities and providers to conduct background checks on prospective direct patient/resident access employees.

In order to participate in this nationwide program, a State must guarantee that it will make available non-Federal funds to cover a portion of the cost to be incurred by the State to carry out the program in their State.



Eligibility Requirements

Applicant Eligibility

CMS is inviting proposals from all States and U.S.

territories to be considered for inclusion in this National Background Check Program which will be in effect through 2012.

Federal matching funds are available to all States and U.S.

territories.

Beneficiary Eligibility

Beneficiary Eligibility: These facilities and providers include skilled nursing facilities, nursing facilities, home health agencies, hospice care providers, long-term care hospitals, personal care service providers, adult day care providers, residential care providers, assisted living facilities, intermediate facilities for the mentally retarded (ICFs/MR) and other entities that provide long-term care services, as specified by each participating State.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is required.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. Participating States must guarantee non-Federal funds to cover a portion of the cost to conduct the program in their State. CMS will provide a three-to-one match for these funds to each grantee. The participating State must require fingerprint checks as part of the criminal background check for all direct patient access employees. The participating State must have a plan to implement the program (a) statewide and (b) in all long term care entities specified in Section 6201 of the ACA, although the State may phase-in the program over a multi-year period, and the phase-in may be accomplished by geographical location, provider type, or other factors determined by the State.

Award Procedures

This is not a competitive grant. All applying States that provide an application that is scored by the Federal technical panel at 69.5 points or greater shall receive a grant. Applications that score below 69.5 points will not be included as grantees.

Funding for this program shall become effective upon CMS approval application. Grants will be awarded to every State that meets the qualifications and terms of agreement described in this solicitation. This includes providing a satisfactory application that meets all provisions of the Law and scores at least 69.5 points or greater (out of 100) from the Federal technical panel review. Grantees may expect to begin receiving funds within 30 days from the Notice of Grant Award.

Deadlines

Jun 01, 2010 to Aug 01, 2010 Grant applications are due to CMS by August 1st 2010.

Authorization

Title VI, Subtitle B, Part III, Subtitle C, Section 6201 of the Health Care Reform Patient Protection and Affordable Care Act , Title VI, Part III, Section 6201, Public Law 111-148.

Range of Approval/Disapproval Time

Not Applicable.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.
Matching Requirements: (A) NEWLY PARTICIPATING STATES.-
(i) IN GENERAL.-As part of the application submitted by a State under paragraph (1)(A)(iii), the State shall guarantee, with respect to the costs to be incurred by the State in carrying out the nationwide program, that the State will make available (directly or through donations from public or private entities) a particular amount of non-Federal contributions, as a condition of receiving the Federal match under clause (ii).
(ii) FEDERAL MATCH.-The payment amount to each State that the Secretary enters into an agreement with under paragraph (1)(A) shall be 3 times the amount that the State guarantees to make available under clause (i), except that in no case may the payment amount exceed $3,000,000.

(B) PREVIOUSLY PARTICIPATING STATESH. R. 3590-607
(i) IN GENERAL.-As part of the application submitted by a State under paragraph (1)(B)(iii), the State shall guarantee, with respect to the costs to be incurred by the State in carrying out the nationwide program, that the State will make available (directly or through donations from public or private entities) a particular amount of non-Federal contributions, as a condition of receiving the Federal match under clause (ii).
(ii) FEDERAL MATCH.-The payment amount to each State that the Secretary enters into an agreement with under paragraph (1)(B) shall be 3 times the amount that the State guarantees to make available under clause (i), except that in no case may the payment amount exceed $1,500,000 .
This program does not have MOE requirements.

Length and Time Phasing of Assistance

36 months. Method of awarding/releasing assistance: lump sum.

Post Assistance Requirements

Reports

Grantees must also agree to respond to requests that are necessary for the evaluation of the "National Background Check Program" grant efforts to satisfy the statutory requirements for the Federal evaluation enumerated in Section 6201 of the ACA and provide data on key elements of their Background Check Program grant activities.

This will include detailed information on the number of background checks requested by various providers, information gathered in the course of background checks, employment decisions made based on this information and their rationale, whether prospective employees challenge the results of adverse decisions and the outcomes of these challenges.

It will also include cost accounting information of sufficient quality to allow reliable calculation of the costs of the various components of the background checks programs.

Grantees must agree to fully cooperate with any Federal evaluation of the program and provide quarterly or semi-annually any required program progress and financial reports in a form prescribed by CMS (including the SF-269a, Financial Status Report forms).

These reports will be designed to outline how grant funds were used and to describe program progress, as well as barriers and measurable outcomes.

CMS will provide a format for reporting.

No progress reports are required.

No expenditure reports are required.

Following the awarding of the grants, grantees must submit an operational protocol.

The operational protocol must describe in detail the policies and procedures that the State will follow during the program period.

The operational protocol should detail the responsibilities of the providers included in the program; the State government personnel and any additional responsible parties (e.g., contractors) involved in the program.

Those who receive grant awards will be provided further detail as to the expected contents of the operational protocol prior to or during the first grantee meeting.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

No Data Available.

Financial Information

Account Identification

75-0511-0-1-550.

Obigations

(Project Grants) FY 09 $0; FY 10 est $35,000,000; FY 11 est $91,000,000 - $144 million obligated for the 36 month period . FY 2010 $35 million; FY 2011 $91 million; FY 2012 $18 million.

Range and Average of Financial Assistance

$1.5 to $3 million per State per year.

Regulations, Guidelines, and Literature

45 CFR Parts 74 and 92, Cost Principles, the HHS Grant Policy Statement, OMB Cost Principles, Request for Application (RFA) and Terms and Conditions of Award.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Debra Spears CMCS/SCG/DNH.

Headquarters Office

Debra Spears 7500 Security Blvd., Baltimore, Maryland 21244 Email: Debra.Spears@cms.hhs.gov Phone: 410-786-7506

Criteria for Selecting Proposals

(1) AGREEMENTS.- H. R. 3590-604
(A) NEWLY PARTICIPATING STATES.-The Secretary shall enter into agreements with each State-
(i) that the Secretary has not entered into an agreement with under subsection (c)(1) of such section 307;
(ii) that agrees to conduct background checks under the nationwide program on a Statewide basis; and
(iii) that submits an application to the Secretary containing such information and at such time as the Secretary may specify.

(B) CERTAIN PREVIOUSLY PARTICIPATING STATES.-The Secretary shall enter into agreements with each State-
(i) that the Secretary has entered into an agreement with under such subsection (c)(1), but only in the case where such agreement did not require the State to conduct background checks under the program established under subsection (a) of such section 307 on a Statewide basis;
(ii) that agrees to conduct background checks under the nationwide program on a Statewide basis; and
(iii) that submits an application to the Secretary containing such information and at such time as the Secretary may specify .



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Edited by: Michael Saunders

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