Page:United States Statutes at Large Volume 104 Part 2.djvu/619

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-211 PART 5—PROVISIONS RELATING TO NURSING HOME REFORM SEC. 4801. TECHNICAL CORRECTIONS RELATING TO NURSING HOME REFORM. (a) NURSE AIDE TRAINING AND COMPETENCY EVALUATION. — (1) No COMPLIANCE ACTIONS BEFORE EFFECTIVE DATE OF GUIDE- 42 USC 1396r LINES.— The Secretary of Health and Human Services shall not notetake (and shall not continue) any action against a State under section 1904 of the Social Security Act on the basis of the State's failure to meet the requirement of section 1919(e)(1)(A) of such Act before the effective date of guidelines, issued by the Secretary, establishing requirements under section 1919(f)(2)(A) of such Act, if the State demonstrates to the satisfaction of the Secretary that it has made a good faith effort to meet such requirement before such effective date. (2) PART-TIME NURSE AIDES NOT ALLOWED DELAY IN TRAINING. — Section 1919(b)(5)(A) (42 U.S.C. 1396r(b)(5)(A)) is amended— (i) by striking "A nursing facility" and inserting "(i) Except as provided in clause (ii), a nursing facility"; (ii) by striking "(on a full-time, temporary, per diem, or other basis) ^'^ and inserting "on a full-time basis"; (iii) by striking "(i)" and "(ii)" and inserting "(I)" and "(II)"; and (iv) by adding at the end the following: "(ii) A nursing facility must not use on a temporary, per diem, leased, or on any other basis other than as a permanent employee any individual as a nurse aide in the facility on or after January 1, 1991, unless the individual meets the requirements described in clause (i).". (3) REQUIREMENT TO OBTAIN INFORMATION FROM NURSE AIDE REGISTRY. — Section 1919(b)(5)(C) (42 U.S.C. 1396r(b)(5)(C)) is amended by striking "the State registry established under subsection (e)(2)(A) as to information in the registry" and inserting "any State registry established under subsection (e)(2)(A) that the facility believes will include information". (4) RETRAINING OF NURSE AIDES. —Section 1919(b)(5)(D) (42 U.S.C. 1396r(b)(5)(D)) is amended by striking the period at the end and inserting ", or a new competency evaluation program.". (5) CLARIFICATION OF NURSE AIDES NOT SUBJECT TO CHARGES. — Section 1919(f)(2)(A)(iv) (42 U.S.C. 1396r(f)(2)(A)(iv)) is amended— (A) in subclause (I), by striking "and" at the end; (B) in subclause (II), by inserting after "nurse aide" the following: "who is employed by (or who has received an offer of employment from) a facility on the date on which the aide begins either such program '; (C) in subclause (II), by striking the period at the end and inserting ", and"; and (D) by adding at the end the following new subclause: "(III) in the case of a nurse aide not described in subclause (II) who is employed by (or who has received an offer of employment from) a facility not later than 12 months after completing either such program, the State shall provide for the reimbursement of costs incurred in completing such "* So in original. Probably should be "basis)" ".