[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 452 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 452

 To amend titles 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1997

Mr. Dorgan (for himself, Mr. Grassley, Mr. Rockefeller, Mr. Baucus, Mr. 
Roberts, Mr. Harkin, Mr. Faircloth, Mr. Hutchinson, Mr. Inouye, and Mr. 
    Conrad) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend titles 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.

    (a) Waiver.--Sections 1819(f)(2) and section 1919(f)(2) of the 
Social Security Act (42 U.S.C. 1395i-3(f)(2), 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:
                    ``(C) Waiver authorized.--Clause (iii) of 
                subparagraph (B) shall not apply to a program offered 
                in (but not by) a nursing facility 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.''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
programs offered on or after the date of enactment of this Act.
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