[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 331 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 331

  To amend titles XVIII and XIX of the Social Security Act to provide 
flexibility in training and competency requirements for skilled nursing 
  facility and nursing facility nursing aides under the Medicare and 
                           Medicaid programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2021

 Mr. Keller (for himself and Ms. Wild) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addition 
      to the Committee on Energy and 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 amend titles XVIII and XIX of the Social Security Act to provide 
flexibility in training and competency requirements for skilled nursing 
  facility and nursing facility nursing aides under the Medicare and 
                           Medicaid programs.

    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 ``Nurses Certification And Recognition 
of Experience Act of 2021'' or the ``Nurses CARE Act of 2021''.

SEC. 2. PROVIDING FLEXIBILITY IN TRAINING AND COMPETENCY REQUIREMENTS 
              FOR SKILLED NURSING FACILITY AND NURSING FACILITY NURSING 
              AIDES UNDER THE MEDICARE AND MEDICAID PROGRAMS.

    (a) In General.--Sections 1819(b)(5) and 1919(b)(5) of the Social 
Security Act (42 U.S.C. 1395i-3(b)(5), 1396r(b)(5)) are each amended--
            (1) in subparagraph (A)(i)(I), by inserting ``(or, in the 
        case of a specified individual (as defined in subparagraph 
        (H)(ii)), meets the requirement described in subparagraph 
        (H)(i))'' after ``subsection (e)(1)(A)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(H) COVID-19 training and competency requirement 
                flexibility.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A)(i)(I), the requirement 
                        described in this clause is, with respect to a 
                        specified individual (as defined in clause 
                        (ii)), that the individual demonstrates 
                        competency in work as a nursing aide through--
                                    ``(I) the successful completion of 
                                a nursing aide examination approved by 
                                the State;
                                    ``(II) certification of competency 
                                by a site administrator of a nursing 
                                aide apprenticeship program approved by 
                                the State; or
                                    ``(III) an assessment by the 
                                facility in each of the areas and 
                                skills described in section 583.152(b) 
                                of title 42, Code of Federal 
                                Regulations (or a successor 
                                regulation).
                            ``(ii) Specified individual defined.--For 
                        purposes of this subparagraph, the term 
                        `specified individual' means an individual who, 
                        during the emergency period described in 
                        section 1135(g)(1)(B)--
                                    ``(I) completed a nursing aide 
                                training program and competency 
                                assessment (whether online or 
                                otherwise) approved by the State; and
                                    ``(II) completed a minimum of 80 
                                hours of work as a temporary nurse 
                                aide, in supervised practical nurse 
                                aide training, in on-the-job nursing 
                                aide training, or in in-service nursing 
                                aide education, under the supervision 
                                of a registered nurse or a licensed 
                                practical nurse.''.
    (b) Inclusion on Registry.--Section 1819(e)(2)(A) and 1919(e)(2)(A) 
of the Social Security Act (42 U.S.C. 1395i-3(e)(2)(A), 1396r(e)(2)(A)) 
are each amended by inserting ``, or any specified individual (as 
defined in clause (ii) of subsection (b)(5)(H)(ii)) who meets the 
requirement described in clause (i) of such subsection'' before the 
period at the end.
    (c) Educational and Outreach Activities.--The Secretary of Health 
and Human Services shall undertake outreach and educational activities 
for purposes of informing States of--
            (1) the effects of the amendments made by this section; and
            (2) what actions States may take with respect to the 
        training and assessment of nursing aides in such State that 
        will comply with the provisions of such amendments.
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