Sec. 30720. Nurse staffing requirements
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/bill/117/hr/5376/eh/section-30720·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1819(d) of the Social Security Act ( 42 U.S.C. 1395i–3(d) ) is amended— in paragraph (4)(A), by inserting and any regulations promulgated under paragraph (5)(C) after section 1124 ; and by adding at the end the following new paragraph: There is appropriated to the Secretary, out of any monies in the Treasury not otherwise appropriated, $50,000,000 for fiscal year 2022, to remain available through fiscal year 2031, for purposes of carrying out this paragraph. Not later than 3 years after the date of the enactment of this paragraph, and not less frequently than once every 5 years thereafter, the Secretary shall, out of funds appropriated under subparagraph (A), conduct a study and submit to Congress a report on the appropriateness of establishing minimum staff to resident ratios for nursing staff for skilled nursing facilities.
Each such report shall include— with respect to the first such report, recommendations regarding appropriate minimum ratios of registered nurses (and, if practicable, licensed practical nurses (or licensed vocational nurses) and certified nursing assistants) to residents at such skilled nursing facilities; and with respect to each subsequent such report, recommendations regarding appropriate minimum ratios of registered nurses, licensed practical nurses (or licensed vocational nurses), and certified nursing assistants to residents at such skilled nursing facilities.
Not later than 1 year after the Secretary first submits a report under subparagraph (B), the Secretary shall, out of funds appropriated under subparagraph (A)— specify through regulations, consistent with such report, appropriate minimum ratios (if any) of registered nurses (and, if practicable, licensed practical nurses (or licensed vocational nurses) and certified nursing assistants) to residents at skilled nursing facilities; and except as provided in clause (ii), require such skilled nursing facilities to comply with such ratios.
In addition to the authority to waive the application of clause (i)(II) under section 1135, the Secretary may waive the application of such clause with respect to a skilled nursing facility if the Secretary finds that— the facility is located in a rural area and the supply of skilled nursing facility services in such area is not sufficient to meet the needs of individuals residing therein; the Secretary provides notice of the waiver to the State long-term care ombudsman (established under section 307(a)(12) of the Older Americans Act of 1965) and the protection and advocacy system in the State for the mentally ill; and the facility that is granted such a waiver notifies residents of the facility (or, where appropriate, the guardians or legal representatives of such residents) and members of their immediate families of the waiver.
Any waiver in effect under this clause shall be subject to annual renewal. Not later than 1 year after the submission of each subsequent report under subparagraph (B), the Secretary shall, out of funds appropriated under subparagraph
(A)and consistent with such report, update the regulations described in clause (i)(I) to reflect appropriate minimum ratios (if any) of registered nurses, licensed practical nurses (or licensed vocational nurses), and certified nursing assistants to residents at skilled nursing facilities. .
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- 42 USC 1395i–3(d)
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Sec. 30720
Nurse staffing requirements
Cite42 USC 1395i–3(d)
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