[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4547 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4547

  To provide a waiver of certain nurse aide training requirements for 
  specially trained individuals who perform certain specific nursing-
       related tasks in medicare and medicaid nursing facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2000

Mr. Ryan of Wisconsin introduced the following bill; which was referred 
to the Committee on Ways and Means, and in addition to the Committee on 
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 provide a waiver of certain nurse aide training requirements for 
  specially trained individuals who perform certain specific nursing-
       related tasks in medicare and medicaid 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 ``Medicare and Medicaid Nursing 
Services Quality Improvement Act of 2000''.

SEC. 2. WAIVER OF CERTAIN NURSE AIDE TRAINING REQUIREMENTS FOR 
              SPECIALLY TRAINED INDIVIDUALS WHO PERFORM NURSING-RELATED 
              TASKS IN MEDICARE AND MEDICAID NURSING FACILITIES.

    (a) In General.--For the five-year period beginning on the date of 
enactment of this Act, an individual who does not meet nurse aide 
training requirements (as defined in subsection (e)(1)) may perform a 
specific nursing task (as defined in subsection (e)(2)) for a resident 
of a skilled nursing facility or a nursing facility covered under the 
medicare or medicaid program under title XVIII or XIX of the Social 
Security Act in a State if--
            (1) the individual has successfully completed a training 
        and competency evaluation program, developed or approved by the 
        State in which such facility operates, relating to the 
        performance of such task;
            (2) the individual is performing the task under the 
        supervision of a registered professional nurse, licensed 
        practical nurse, or licensed vocational nurse;
            (3) the resident does not have special needs relating to 
        the performance of such task for which needs the individual has 
        not received specific training; and
            (4) the individual complies with any limitations on 
        performance of duties which may be established by the State in 
        which such facility operates.
    (b) Consultation in Establishment of New Training Programs.--In the 
case of a training and competency evaluation program described in 
subsection (a)(1) not established as of the date of enactment of this 
Act, such program shall be established in consultation with the 
Secretary of Health and Human Services.
    (c) Minimum Staffing Requirements Not Affected.--Individuals 
performing a specific nursing task under this section shall not count 
toward any minimum nursing staffing requirements of section 1818 or 
1919 of the Social Security Act (42 U.S.C. 1395i-3, 1396r).
    (d) Annual Report to Congress.--During the period in which this 
section applies, the Secretary of Health and Human Services shall 
submit an annual report providing an analysis comparing the well-being 
of residents receiving specific nursing services performed by 
individuals under this section with those receiving such services 
performed by nurse aides. Such analysis shall employ quality indicators 
determined by the Secretary, including (with regard to specific nursing 
tasks related to providing nutrition and hydration) nutrition and 
hydration levels, unplanned weight loss or gain, and number of 
citations for nutrition-related violations relating to such residents.
    (e) Definitions.--In this section:
            (1) The term ``nurse aide training requirements'' means the 
        requirements of sections 1819(b)(5)(F) and 1919(b)(5)(F) of the 
        Social Security Act (42 U.S.C. 1395i-3(b)(5)(F) and 
        1396r(b)(5)(F)) relating to nurse aides.
            (2) The term ``nursing task'' means a nursing or nursing-
        related service described in section 1819(b)(5)(F) or 
        1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i-
        3(b)(5)(F), 1396r(b)(5)(F)).
            (3) The term ``State'' has the meaning given such term for 
        purposes of title XIX of the Social Security Act.
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