Which law does not mandate nursing facilities to conduct state or Federal (FBI) criminal background checks?

The correct answer is that Medicare regulations do not mandate nursing facilities to conduct state or Federal (FBI) criminal background checks. Medicare regulations set forth standards for the quality of care and operate within the reimbursement framework for healthcare services, but they do not impose specific requirements for criminal background checks for nursing facility employees.

In contrast, state laws may vary by jurisdiction and often include requirements for conducting background checks as part of a broader safeguarding measure to ensure patient safety. Federal law may also establish certain requirements related to background checks, particularly in the context of services provided in healthcare settings, especially under programs governed by the Centers for Medicare & Medicaid Services (CMS). The Occupational Safety and Health Act (OSHA), while critical for workplace safety, does not address the specifics of employee background checks in nursing facilities.

Thus, Medicare regulations are not the governing laws that enforce the necessity of conducting such checks, making this the correct answer.