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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9067 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9067
To amend titles XVIII and XIX of the Social Security Act to establish a
waiver of certain training and certification requirements for specified
skilled nursing facilities and nursing facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2024
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on Energy
and Commerce, 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 titles XVIII and XIX of the Social Security Act to establish a
waiver of certain training and certification requirements for specified
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. ESTABLISHING A WAIVER OF CERTAIN TRAINING AND CERTIFICATION
REQUIREMENTS FOR SPECIFIED SKILLED NURSING FACILITIES AND
NURSING FACILITIES.
(a) Medicare.--Section 1819 of the Social Security Act (42 U.S.C.
1395i-3) is amended by adding at the end the following new subsection:
``(l) Waiver of Certain Training and Certification Requirements for
Specified Skilled Nursing Facilities.--
``(1) Election.--
``(A) States.--A State may elect, in a form and
manner specified by the Secretary, for the provisions
of subsections (b) and (f) to be applied in accordance
with paragraph (2) with respect to specified skilled
nursing facilities (as defined in paragraph (3))
located in such State.
``(B) Specified skilled nursing facilities.--In the
case of a specified skilled nursing facility located in
a State that has not made the election described in
subparagraph (A), such facility may make such election
with respect to such facility in a form and manner
specified by the Secretary.
``(2) Waivers.--In the case of a specified skilled nursing
facility located in a State that has made the election
described in paragraph (1) (or, with respect to a specified
skilled nursing facility located in a State that has not made
such election, in the case of such a facility that has made
such election), the Secretary shall--
``(A) apply subsection (b)(5)(A) as if the
reference to `4 months' in such subsection were instead
a reference to `12 months', except that such reference
shall continue to be treated as a reference to `4
months' for purposes of applying the requirement
specified in clause (i)(II) of such subsection;
``(B) for purposes of determining whether a nurse
aide training and competency evaluation program offered
by or in such facility complies with the requirements
for such program specified pursuant to subsection
(f)(2)(A)(i), allow such program to count any hours
worked by a nurse aide in a skilled nursing facility or
nursing facility (as defined in section 1919(a)) toward
the 75 hours of initial training described in subclause
(II) of such subsection; and
``(C) in the case such facility is a facility
described in subparagraph (B)(iii)(I) of subsection
(f)(2), apply subparagraph (A)(iv)(I) of such
subsection as if such facility were not a facility so
described, but only if the State in which the facility
is located does not offer a nurse aide competency
evaluation (in person or online) at least once per week
or if availability is limited.
``(3) Specified skilled nursing facility defined.--For
purposes of this subsection, the term `specified skilled
nursing facility' means a skilled nursing facility that--
``(A) is located in an area of a State that the
State has designated as being a nurse aide shortage
area; and
``(B) has not received a citation for a deficiency
for providing a substandard quality of care relating to
direct patient care during the preceding 2 years.''.
(b) Medicaid.--Section 1919 of the Social Security Act (42 U.S.C.
1396r) is amended by adding at the end the following new subsection:
``(l) Waiver of Certain Training and Certification Requirements for
Specified Nursing Facilities.--
``(1) Election.--
``(A) States.--A State may elect, in a form and
manner specified by the Secretary, for the provisions
of subsections (b) and (f) to be applied in accordance
with paragraph (2) with respect to specified nursing
facilities (as defined in paragraph (3)) located in
such State.
``(B) Specified nursing facilities.--In the case of
a specified nursing facility located in a State that
has not made the election described in subparagraph
(A), such facility may make such election with respect
to such facility in a form and manner specified by the
Secretary.
``(2) Waivers.--In the case of a specified nursing facility
located in a State that has made the election described in
paragraph (1) (or, with respect to a specified nursing facility
located in a State that has not made such election, in the case
of such a facility that has made such election), the Secretary
shall--
``(A) apply subsection (b)(5)(A) as if the
reference to `4 months' in such subsection were instead
a reference to `12 months', except that such reference
shall continue to be treated as a reference to `4
months' for purposes of applying the requirement
specified in clause (i)(II) of such subsection;
``(B) for purposes of determining whether a nurse
aide training and competency evaluation program offered
by or in such facility complies with the requirements
for such program specified pursuant to subsection
(f)(2)(A)(i), allow such program to count any hours
worked by a nurse aide in a nursing facility or skilled
nursing facility (as defined in section 1819(a)) toward
the 75 hours of initial training described in subclause
(II) of such subsection; and
``(C) in the case such facility is a facility
described in subparagraph (B)(iii)(I) of subsection
(f)(2), apply subparagraph (A)(iv)(I) of such
subsection as if such facility were not a facility so
described, but only if the State in which the facility
is located does not offer a nurse aide competency
evaluation (in person or online) at least once per week
or if availability is limited.
``(3) Specified nursing facility defined.--For purposes of
this subsection, the term `specified nursing facility' means a
nursing facility that--
``(A) is located in an area of a State that the
State has designated as being a nurse aide shortage
area; and
``(B) has not received a citation for a deficiency
for providing a substandard quality of care relating to
direct patient care during the preceding 2 years.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 Ways and Means, and in addition to the Committee on Energy and Commerce, 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.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.
Referred to the Subcommittee on Health.
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