[105th Congress Public Law 15]
[From the U.S. Government Printing Office]
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[DOCID: f:publ15.105]
[[Page 111 STAT. 34]]
Public Law 105-15
105th Congress
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. <<NOTE: May 15,
1997 - [H.R. 968]>>
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.''.
Approved May 15, 1997.
LEGISLATIVE HISTORY--H.R. 968:
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HOUSE REPORTS: No. 105-23, Pt. 1 (Comm. on Ways and Means) and Pt. 2
(Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Apr. 8, considered and passed House.
Apr. 30, considered and passed Senate.
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