Building America’s Health Care Workforce Act

Building America's Health Care Workforce Act

This bill extends certain flexibilities relating to training and competency requirements for nurse aides in Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (NFs).

Generally, SNFs and NFs may not hire nurse aides for longer than four months unless they meet certain training and certification requirements. The Centers for Medicare & Medicaid Services waived some of these requirements during the COVID-19 emergency period so as to allow facilities to maintain adequate staffing levels; the waiver ends in June 2022.

The bill extends these flexibilities for at least two years after the bill's enactment and specifies that (1) any time worked by a nurse aide during the emergency period counts toward the 75 hours required for initial training, and (2) a competency evaluation may be conducted at the SNF or NF where the nurse aide is employed if the state does not offer such an evaluation at least once a week.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7744 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7744

   To amend title XI of the Social Security Act to extend beyond the 
 COVID-19 emergency period, with certain modifications, the Emergency 
 Declaration Blanket Waiver relating to training and certification of 
 nurse aides to alleviate burdens imposed on staff of skilled nursing 
                   facilities and nursing facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2022

 Mr. Guthrie (for himself, Ms. Dean, and Mr. McKinley) introduced the 
   following bill; which was referred to the Committee on Energy and 
  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

_______________________________________________________________________

                                 A BILL


 
   To amend title XI of the Social Security Act to extend beyond the 
 COVID-19 emergency period, with certain modifications, the Emergency 
 Declaration Blanket Waiver relating to training and certification of 
 nurse aides to alleviate burdens imposed on staff of skilled nursing 
                   facilities and nursing facilities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building America's Health Care 
Workforce Act''.

SEC. 2. EXTENSION AND MODIFICATION OF COVID-19 EMERGENCY DECLARATION 
              BLANKET WAIVER RELATING TO TRAINING AND CERTIFICATION OF 
              NURSE AIDES FOR CERTAIN EMPLOYMENT AT NURSING FACILITIES.

    Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is 
amended--
            (1) in subsection (e)(1), by striking ``A waiver'' and 
        inserting ``Subject to subsection (h), a waiver''; and
            (2) by adding at the end the following new subsection:
    ``(h) Waivers for Nurse Aides in Training.--
            ``(1) In general.--Notwithstanding sections 1819 and 1919, 
        the emergency waiver of requirements under section 483.35(d) of 
        title 42, Code of Federal Regulations, relating to training and 
        certification of nurse aides for employment by skilled nursing 
        facilities under title XVIII and nursing facilities under title 
        XIX, granted by the Secretary under the COVID-19 Emergency 
        Declaration Blanket Waivers for Health Care Providers pursuant 
        to this section shall remain in effect, subject to paragraph 
        (2), for a period that is not less than 24 months after the 
        date of the enactment of this subsection.
            ``(2) Modifications.--For the period described in paragraph 
        (1), the emergency waiver described in such paragraph shall be 
        applied consistent with the following:
                    ``(A) Notwithstanding sections 1819(f)(2) and 
                1919(f)(2), the waiver shall allow for time worked by a 
                nurse aide during the emergency period described in 
                subsection (g)(1)(B) to count toward the 75 hours 
                minimum training described in sections 1819(f)(2)(A) 
                and 1919(f)(2)(A).
                    ``(B) Notwithstanding sections 
                1819(f)(2)(B)(iii)(I) and 1919(f)(2)(B)(iii)(I), for 
                purposes of sections 1819 and 1919, a competency 
                evaluation of a nurse aide may be conducted at the 
                skilled nursing facility or nursing facility at which 
                the aide is (or will be) employed if the State in which 
                the facility is located does not offer such an 
                evaluation (in person or online) at least once a week.
            ``(3) Study.--Not later than 1 year after the date of the 
        enactment of this subsection, the Secretary shall conduct a 
        study, and submit to Congress a report, on the appropriateness 
        of maintaining the waiver described in paragraph (1), as 
        modified pursuant to paragraph (2). Such study shall include an 
        examination of the extent to which the waiver and its 
        continuation pursuant to this subsection, as modified, 
        alleviated the burdens imposed on staff of skilled nursing 
        facilities and nursing facilities.''.
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