Nurses Certification And Recognition of Experience Act of 2021
Bill: H.R.331 | Sponsor: Rep. Keller, Fred (R-PA)
Policy area: Health

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.

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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