I
118THCONGRESS
1
STSESSION 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 Declara-
tion 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
JANUARY24, 2023
Mr. G
UTHRIE(for himself, Ms. DEANof Pennsylvania, Ms. STEFANIK, Ms.
H
OULAHAN, Mrs. MILLER-MEEKS, Mr. COHEN, Mr. PENCE, Ms. ROSS,
Mr. R
OSE, Mr. MEUSER, Ms. BROWN, Ms. KUSTER, Mr. GUEST, Ms.
C
ASTORof Florida, Mr. BAIRD, Ms. BARRAGA´N, Mrs. HARSHBARGER,
Mr. P
APPAS, 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 Waiv-
er 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 Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Building America’s 2
Health Care Workforce Act’’. 3
SEC. 2. EXTENSION AND MODIFICATION OF COVID–19 4
EMERGENCY DECLARATION BLANKET WAIV-5
ER RELATING TO TRAINING AND CERTIFI-6
CATION OF NURSE AIDES FOR CERTAIN EM-7
PLOYMENT AT NURSING FACILITIES. 8
Section 1135 of the Social Security Act (42 U.S.C. 9
1320b–5) is amended— 10
(1) in subsection (e)(1), by striking ‘‘A waiver’’ 11
and inserting ‘‘Subject to subsection (h), a waiver’’; 12
and 13
(2) by adding at the end the following new sub-14
section: 15
‘‘(h) W
AIVERS FORNURSEAIDES INTRAINING.— 16
‘‘(1) I
N GENERAL.—Notwithstanding sections 17
1819 and 1919, the emergency waiver of require-18
ments under section 483.35(d) of title 42, Code of 19
Federal Regulations, relating to training and certifi-20
cation of nurse aides for employment by skilled 21
nursing facilities under title XVIII and nursing fa-22
cilities under title XIX, granted by the Secretary 23
under the COVID–19 Emergency Declaration Blan-24
ket Waivers for Health Care Providers pursuant to 25
this section shall remain in effect, subject to para-26
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•HR 468 IH
graph (2), for a period that is not less than 24 1
months after the date of the enactment of this sub-2
section. 3
‘‘(2) M
ODIFICATIONS.—For the period de-4
scribed in paragraph (1), the emergency waiver de-5
scribed in such paragraph shall be applied consistent 6
with the following: 7
‘‘(A) Notwithstanding sections 1819(f)(2) 8
and 1919(f)(2), the waiver shall allow for time 9
worked by a nurse aide during the emergency 10
period described in subsection (g)(1)(B) to 11
count toward the 75 hours minimum training 12
described in sections 1819(f)(2)(A) and 13
1919(f)(2)(A). 14
‘‘(B) Notwithstanding sections 15
1819(f)(2)(B)(iii)(I) and 1919(f)(2)(B)(iii)(I), 16
for purposes of sections 1819 and 1919, a com-17
petency evaluation of a nurse aide may be con-18
ducted at the skilled nursing facility or nursing 19
facility at which the aide is (or will be) em-20
ployed if the State in which the facility is lo-21
cated does not offer such an evaluation (in per-22
son or online) at least once a week. 23
‘‘(3) S
TUDY.—Not later than 1 year after the 24
date of the enactment of this subsection, the Sec-25
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retary shall conduct a study, and submit to Congress 1
a report, on the appropriateness of maintaining the 2
waiver described in paragraph (1), as modified pur-3
suant to paragraph (2). Such study shall include an 4
examination of the extent to which the waiver and 5
its continuation pursuant to this subsection, as 6
modified, alleviated the burdens imposed on staff of 7
skilled nursing facilities and nursing facilities.’’. 8
Æ
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