Nurses CARE Act of 2021

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. 1. Short title This Act may be cited as the Nurses Certification And Recognition of Experience Act of 2021 Nurses CARE Act of 2021 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) (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)) subsection (e)(1)(A) (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 (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) , 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 (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.

Summary: Nurses Certification And Recognition of Experience Act of 2021 or the Nurses CARE Act of 2021 This bill expands qualifying training and competency requirements for nurse aides in Medicare skilled nursing facilities (SNFs) and Medicaid nursing facilities (NFs) for nurse aides who initially train and work during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). Currently, SNFs and NFs may not hire nurse aides for longer than four months unless they meet certain training and certification requirements. The Centers for Medicare & Medicaid Services has waived some of these requirements during the emergency period so as to allow facilities to maintain adequate staffing levels. The bill allows individuals who complete a training program, competency assessment, and at least 80 hours of supervised work experience as a temporary nurse aide during the emergency period, and who meet other specified competency requirements, to qualify for prolonged work as nurse aides in SNFs and NFs beyond the emergency period.