Bill would expand provider National Practitioner Data Bank access to long-term care providers

Legislation re-introduced last week by Sens. Marco Rubio (R-FL) and Jacky Rosen (D-NV) would expand access to the National Practitioner Data Bank to include long-term care providers such as nursing homes and home health agencies that receive federal funding from the Centers for Medicare & Medicaid Services.

The move would improve providers’ ability to screen job applicants, according to the sponsors, because the federal database provides information about people’s histories of malpractice and formal disciplinary actions.

“We must do all we can to protect our nation’s senior citizens, especially those who rely on long-term care services. I’m proud to reintroduce this bipartisan bill that would allow senior care providers access to the National Practitioner Data Bank in order to screen potential hires and avoid hiring individuals with a known record of abuse to care for senior citizens,” Rubio said in a press release.

A spokesperson for the American Health Care Association / National Center for Assisted Living told the McKnight’s Business Daily that the groups appreciate that the legislation has been reintroduced “so that we can ensure our nation’s seniors receive the highest-quality care from dedicated, trustworthy caregivers.”

“Our first priority is the safety and well-being of our residents, and this bill will provide further safeguards for residents and aid the profession’s ability to root out bad actors before they are hired. We look forward to working with Congress to help pass this critical legislation,” the spokesperson added.

LeadingAge also supports the bill, saying that it “brings much-needed parity to hiring and would help to ensure older Americans’ well-being.”

“Nursing homes should know as much as possible about people they are hiring, just as hospitals – who already have access to the NPDB – do, particularly now, when the pool of qualified applicants is scarce,” a spokesperson for LeadingAge said.

The Promote Responsible Oversight & Targeted Employee Background Check Transparency for Seniors (PROTECTS) Act originally was put forth in 2019 and was referred to the Senate Finance Committee in 2019 but never was heard by the full Senate. It was considered dead on Dec. 31, 2020.

Sens. Mark R. Warner (D-VA) and Tim Scott (R-SC) reintroduced the legislation in 2022, and it, too,  was referred to the Finance Committee without success.