To amend title XVIII and XIX of the Social Security Act to permit a waiver of the prohibition of offering nurse aide training and competency evaluation programs in certain nursing facilities.

Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to permit waiver of the prohibition against offering nurse aide training and competency evaluation programs in certain nursing facilities (including, for Medicare purposes, a skilled nursing facility) if no other such program is offered within a reasonable distance of such a facility.

[105th Congress Public Law 15]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ15.105]


[[Page 111 STAT. 34]]

Public Law 105-15
105th Congress

                                 An Act


 
  To amend title XVIII and XIX of the Social Security Act to permit a 
waiver of the prohibition of offering nurse aide training and competency 
   evaluation programs in certain nursing facilities. <<NOTE: May 15, 
                          1997 -  [H.R. 968]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OFFERING NURSE AIDE 
            TRAINING AND COMPETENCY EVALUATION PROGRAMS IN CERTAIN 
            FACILITIES.

    Section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i-
3(f)(2)) and section 1919(f)(2) of such Act (42 U.S.C. 1396r(f)(2)) are 
each amended--
            (1) in subparagraph (B)(iii), by inserting ``subject to 
        subparagraph (C),'' after ``(iii)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Waiver authorized.--Clause (iii)(I) of 
                subparagraph (B) shall not apply to a program offered in 
                (but not by) a nursing facility (or skilled nursing 
                facility for purposes of title XVIII) in a State if the 
                State--
                          ``(i) determines that there is no other such 
                      program offered within a reasonable distance of 
                      the facility,
                          ``(ii) assures, through an oversight effort, 
                      that an adequate environment exists for operating 
                      the program in the facility, and
                          ``(iii) provides notice of such determination 
                      and assurances to the State long-term care 
                      ombudsman.''.

    Approved May 15, 1997.

LEGISLATIVE HISTORY--H.R. 968:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-23, Pt. 1 (Comm. on Ways and Means) and Pt. 2 
(Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Apr. 8, considered and passed House.
            Apr. 30, considered and passed Senate.

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