H.R. 968 (rh) To amend title XVIII and XIX of the Social Security Act to permit a waiver of the prohibition of offering nurse aide training and competency evaluation programs in certain nursing facilities. ...

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105th CONGRESS
  1st Session
                                H. R. 968


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 1997

     Received; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT


 
  To amend title XVIII and XIX of the Social Security Act to permit a 
     waiver of the prohibition of offering nurse aide training and 
     competency evaluation programs in certain nursing facilities.

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

SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OFFERING NURSE AIDE 
              TRAINING AND COMPETENCY EVALUATION PROGRAMS IN CERTAIN 
              FACILITIES.

    Section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i-
3(f)(2)) and section 1919(f)(2) of such Act (42 U.S.C. 1396r(f)(2)) are 
each amended--
            (1) in subparagraph (B)(iii), by inserting ``subject to 
        subparagraph (C),'' after ``(iii)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Waiver authorized.--Clause (iii)(I) of 
                subparagraph (B) shall not apply to a program offered 
                in (but not by) a nursing facility (or skilled nursing 
                facility for purposes of title XVIII) in a State if the 
                State--
                            ``(i) determines that there is no other 
                        such program offered within a reasonable 
                        distance of the facility,
                            ``(ii) assures, through an oversight 
                        effort, that an adequate environment exists for 
                        operating the program in the facility, and
                            ``(iii) provides notice of such 
                        determination and assurances to the State long-
                        term care ombudsman.''.

            Passed the House of Representatives April 8, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

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