REMOVAL OF NAME FROM NURSE AIDE REGISTRY.

SEC. 4755. REMOVAL OF NAME FROM NURSE AIDE REGISTRY. (a) Medicare.—Section 1819(g)(1) (42 U.S.C. 1395i–3(g)(1)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E), and (2) by inserting after subparagraph (C) the following: “(D) Removal of name from nurse aide registry.— “(i) In general.—In the case of a finding of neglect under subparagraph (C), the State shall establish a procedure to permit a nurse aide to petition the State to have his or her name removed from the registry upon a determination by the State that— “(I) the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect; and “(II) the neglect involved in the original finding was a singular occurrence. “(ii) Timing of determination.—In no case shall a determination on a petition submitted under clause (i) be made prior to the expiration of the 1-year period beginning on the date on which the name of the petitioner was added to the registry under subparagraph (C).”. (b) Medicaid.—Section 1919(g)(1) (42 U.S.C. 1396r(g)(1)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E), and (2) by inserting after subparagraph (C) the following: “(D) Removal of name from nurse aide registry.— “(i) In general.—In the case of a finding of neglect under subparagraph (C), the State shall establish a procedure to permit a nurse aide to petition the State to have his or her name removed from the registry upon a determination by the State that— “(I) the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect; and “(II) the neglect involved in the original finding was a singular occurrence. 111 STAT. 527 “(ii) Timing of determination.—In no case shall a determination on a petition submitted under clause (i) be made prior to the expiration of the 1-year period beginning on the date on which the name of the petitioner was added to the registry under subparagraph (C).”. (c) Retroactive Review.—The procedures developed by a State under the amendments made by subsection (a) and (b) shall permit an individual to petition for a review of any finding made by a State under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act (42 U.S.C. 1395i–3(g)(1)(C) or 1396r(g)(1)(C)) after January 1, 1995.