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 blanket waiver ended in June 2022, though individual facilities, states, and counties may continue to apply for waivers during the emergency period.
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 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 468 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 468
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
January 24, 2023
Mr. Guthrie (for himself, Ms. Dean of Pennsylvania, Ms. Stefanik, Ms.
Houlahan, Mrs. Miller-Meeks, Mr. Cohen, Mr. Pence, Ms. Ross, Mr. Rose,
Mr. Meuser, Ms. Brown, Ms. Kuster, Mr. Guest, Ms. Castor of Florida,
Mr. Baird, Ms. Barragan, Mrs. Harshbarger, Mr. Pappas, Mr. Ferguson,
Mr. Soto, Mrs. Spartz, and Mr. Smith of Nebraska) 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.''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 14 - 8.
Referred to the Subcommittee on Health.
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