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H.R.4789 / 105th Congress

Elderly and Disabled Protection Act of 1998

Referred to the Subcommittee on Health and Environment.

Official summary

Version 00 · Introduced in House · Oct 10, 1998

Elderly and Disabled Protection Act of 1998 - Declares that a nursing facility (including a skilled nursing facility), home health agency, or hospice program (covered facility) under the Medicare and Medicaid programs of titles XVIII and XIX of the Social Security Act may not: (1) employ an individual as a direct care employee unless the facility has requested from the State direct care employee registry a background check (including a criminal as well as an abusive work history background check); or (2) continue to employ such an individual if the background check report reveals a conviction of a disqualifying crime. Requires the covered facility to report to such registry documented findings of patient abuse by a direct care employee. Imposes civil penalties upon covered facilities that violate such requirements. Defines "direct care employee" as a paid, nonvolunteer nurse aide, home health care aide, personal care assistant, private duty nurse aide, day attendant, housekeeper, library attendant, laundry assistant, or similar worker who performs nursing or related tasks involving direct patient care in a covered facility. Requires the Secretary of Health and Human Services to establish methods by which State direct care registries can pool and share criminal background check summaries and documented findings of patient abuse (national registry coordination system). Requires each State to expand its direct care employee registry in order to carry out such background checks and other related functions, including reporting of summary information to the national registry coordination system. Sets forth procedures for criminal and abusive work history background checks.

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Who introduced it

Rep. Weller, Jerry [R-IL-11] · R–IL

Committees

  • Energy and Commerce Committee
  • Ways and Means Committee
2 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Health and Environment.

  2. Referred to House Ways and Means

  3. Referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, 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.

  4. Referred to House Commerce

  5. Introduced in House

  6. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Jun 3, 2026. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.4789 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.4789 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.4789 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.4789 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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