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On the height of the new Deal, the Supreme Court struck down two legal guidelines as violations of the “nondelegation doctrine,” rooted within the Constitution’s separation of powers. Contents: Letter: Results in short: Background: Identification of Offenders Living in Long-Term Care Facilities and Assessment of the risk They Pose Limited by Data Shortcomings: States Required to Notify Community about Registered Sex Offenders, but Extent of Notification Varies: Supervision and Separation of Long-Term Care Facility Residents Largely Based on Behavior, Not Prior Convictions: Conclusions: Recommendations for Executive Action: Agency and State Comments and Our Evaluation: Appendix I: Scope and Methodology: Appendix II: Registered Sex Offenders Living in Nursing Homes and ICFs- MR: Appendix III: Comments from the Department of Justice: Appendix IV: Comments from the Department of Health and Human Services: Appendix V: GAO Contact and Staff Acknowledgments: Tables: Table 1: Estimated Submission Rates to NSOR, by States Reviewed, 2005: Table 2: Parolees Identified as Living in Long-time period Care Facilities in States Reviewed, 2005: Table 3: Validity of Offender Address Data by Data Source: Table 4: Registered Sex Offenders Identified as Living in Nursing Homes and ICFs-MR, by State, 2005: Abbreviations: CMS: Centers for Medicare & Medicaid Services: FBI: Federal Bureau of Investigation: HHS: Department of Health and Human Services: HHS-OCR Department of Health and Human Services Office for Civil Rights: HIPAA: Medical insurance Portability and Accountability Act of 1996: ICF- MR: intermediate care facility for people with mental retardation: NNHS: National Nursing Homes Survey: NORS: National Ombudsman Reporting System: NSOR: National Sex Offender Registry: OSCAR: Online Survey, Certification and Reporting system: United States Government Accountability Office: Washington, DC 20548: March 31, 2006: The Honorable Charles E. Grassley: Chairman: Committee on Finance: United States Senate: The Honorable Henry A. Waxman: Ranking Minority Member: Committee on Government Reform: House of Representatives: The Honorable Betty McCollum: House of Representatives: Approximately 16,000 nursing houses and 6,600 intermediate care services for folks with mental retardation (ICF-MR) participate in Medicare, Medicaid, or both, and obtain federal funding to care for their residents.

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