Us Congress 2023-2024 Regular Session

Us Congress House Bill HB468 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 468
55 To amend title XI of the Social Security Act to extend beyond the COVID–
66 19 emergency period, with certain modifications, the Emergency Declara-
77 tion Blanket Waiver relating to training and certification of nurse aides
88 to alleviate burdens imposed on staff of skilled nursing facilities and
99 nursing facilities.
1010 IN THE HOUSE OF REPRESENTATIVES
1111 JANUARY24, 2023
1212 Mr. G
1313 UTHRIE(for himself, Ms. DEANof Pennsylvania, Ms. STEFANIK, Ms.
1414 H
1515 OULAHAN, Mrs. MILLER-MEEKS, Mr. COHEN, Mr. PENCE, Ms. ROSS,
1616 Mr. R
1717 OSE, Mr. MEUSER, Ms. BROWN, Ms. KUSTER, Mr. GUEST, Ms.
1818 C
1919 ASTORof Florida, Mr. BAIRD, Ms. BARRAGA´N, Mrs. HARSHBARGER,
2020 Mr. P
2121 APPAS, Mr. FERGUSON, Mr. SOTO, Mrs. SPARTZ, and Mr. SMITH
2222 of Nebraska) introduced the following bill; which was referred to the
2323 Committee on Energy and Commerce, and in addition to the Committee
2424 on Ways and Means, for a period to be subsequently determined by the
2525 Speaker, in each case for consideration of such provisions as fall within
2626 the jurisdiction of the committee concerned
2727 A BILL
2828 To amend title XI of the Social Security Act to extend
2929 beyond the COVID–19 emergency period, with certain
3030 modifications, the Emergency Declaration Blanket Waiv-
3131 er relating to training and certification of nurse aides
3232 to alleviate burdens imposed on staff of skilled nursing
3333 facilities and nursing facilities.
3434 Be it enacted by the Senate and House of Representa-1
3535 tives of the United States of America in Congress assembled, 2
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3939 SECTION 1. SHORT TITLE. 1
4040 This Act may be cited as the ‘‘Building America’s 2
4141 Health Care Workforce Act’’. 3
4242 SEC. 2. EXTENSION AND MODIFICATION OF COVID–19 4
4343 EMERGENCY DECLARATION BLANKET WAIV-5
4444 ER RELATING TO TRAINING AND CERTIFI-6
4545 CATION OF NURSE AIDES FOR CERTAIN EM-7
4646 PLOYMENT AT NURSING FACILITIES. 8
4747 Section 1135 of the Social Security Act (42 U.S.C. 9
4848 1320b–5) is amended— 10
4949 (1) in subsection (e)(1), by striking ‘‘A waiver’’ 11
5050 and inserting ‘‘Subject to subsection (h), a waiver’’; 12
5151 and 13
5252 (2) by adding at the end the following new sub-14
5353 section: 15
5454 ‘‘(h) W
5555 AIVERS FORNURSEAIDES INTRAINING.— 16
5656 ‘‘(1) I
5757 N GENERAL.—Notwithstanding sections 17
5858 1819 and 1919, the emergency waiver of require-18
5959 ments under section 483.35(d) of title 42, Code of 19
6060 Federal Regulations, relating to training and certifi-20
6161 cation of nurse aides for employment by skilled 21
6262 nursing facilities under title XVIII and nursing fa-22
6363 cilities under title XIX, granted by the Secretary 23
6464 under the COVID–19 Emergency Declaration Blan-24
6565 ket Waivers for Health Care Providers pursuant to 25
6666 this section shall remain in effect, subject to para-26
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6969 •HR 468 IH
7070 graph (2), for a period that is not less than 24 1
7171 months after the date of the enactment of this sub-2
7272 section. 3
7373 ‘‘(2) M
7474 ODIFICATIONS.—For the period de-4
7575 scribed in paragraph (1), the emergency waiver de-5
7676 scribed in such paragraph shall be applied consistent 6
7777 with the following: 7
7878 ‘‘(A) Notwithstanding sections 1819(f)(2) 8
7979 and 1919(f)(2), the waiver shall allow for time 9
8080 worked by a nurse aide during the emergency 10
8181 period described in subsection (g)(1)(B) to 11
8282 count toward the 75 hours minimum training 12
8383 described in sections 1819(f)(2)(A) and 13
8484 1919(f)(2)(A). 14
8585 ‘‘(B) Notwithstanding sections 15
8686 1819(f)(2)(B)(iii)(I) and 1919(f)(2)(B)(iii)(I), 16
8787 for purposes of sections 1819 and 1919, a com-17
8888 petency evaluation of a nurse aide may be con-18
8989 ducted at the skilled nursing facility or nursing 19
9090 facility at which the aide is (or will be) em-20
9191 ployed if the State in which the facility is lo-21
9292 cated does not offer such an evaluation (in per-22
9393 son or online) at least once a week. 23
9494 ‘‘(3) S
9595 TUDY.—Not later than 1 year after the 24
9696 date of the enactment of this subsection, the Sec-25
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9999 •HR 468 IH
100100 retary shall conduct a study, and submit to Congress 1
101101 a report, on the appropriateness of maintaining the 2
102102 waiver described in paragraph (1), as modified pur-3
103103 suant to paragraph (2). Such study shall include an 4
104104 examination of the extent to which the waiver and 5
105105 its continuation pursuant to this subsection, as 6
106106 modified, alleviated the burdens imposed on staff of 7
107107 skilled nursing facilities and nursing facilities.’’. 8
108108 Æ
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