PRINTER'S NO. 1905
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1268
Session of
2020
INTRODUCED BY J. WARD, LANGERHOLC, AUMENT, MENSCH, PITTMAN,
COLLETT, REGAN, PHILLIPS-HILL, ARGALL, BROWNE, FONTANA,
MARTIN, KILLION, MUTH, STEFANO, BREWSTER AND BARTOLOTTA,
AUGUST 31, 2020
REFERRED TO EDUCATION, AUGUST 31, 2020
AN ACT
Amending the act of June 9, 1997 (P.L.169, No.14), entitled "An
act providing for Statewide nurse aide training programs
relating to nursing facilities," providing for findings;
further providing for definitions; providing for
certification of COVID-19 temporary nurse aides; and making
an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The findings and declarations immediately
preceding the enacting clause of the act of June 9, 1997
(P.L.169, No.14), known as the Nurse Aide Resident Abuse
Prevention Training Act, are repealed:
[The General Assembly finds and declares that nurse aides in
this Commonwealth are required to successfully complete a State-
approved training and evaluation in order to be employed as a
nurse aide in a skilled nursing facility or nursing facility in
this Commonwealth. Further, it is recognized that the purpose of
the training, as mandated by the Omnibus Budget Reconciliation
Act of 1987 (Public Law 100-203, 101 Stat. 1330), is to ensure
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that nurse aides have the education, practical knowledge and
skills needed to care for residents of facilities participating
in the Medicare and Medicaid programs. The General Assembly
declares as a matter of public policy that the training effort
must give specific emphasis to identifying abusive situations,
understanding what abuse is and learning methods and techniques
to further prevent resident abuse from actually occurring.]
Section 2. The act is amended by adding a section to read:
Section 1.1. Findings.--
The General Assembly finds that:
(1) Nurse aides in this Commonwealth are required to
successfully complete a State-approved training and
evaluation in order to be employed as a nurse aide in a
skilled nursing facility or nursing facility in this
Commonwealth.
(2) The purpose of the training, as mandated by the
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-
203, 101 Stat. 1330), is to ensure that nurse aides have the
education, practical knowledge and skills needed to care for
residents of facilities participating in the Medicare and
Medicaid programs.
(3) During the COVID-19 pandemic, Federal and State
regulatory and statutory provisions have been waived to
assist in the hiring of nurse aides.
(4) Individuals have served admirably and
compassionately in this capacity and have demonstrated
through accelerated training and experience adequate
competency to transition to fully registered status as a
nurse aide.
(5) As a matter of public policy, the training effort
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must give specific emphasis to identifying abusive
situations, understanding what abuse is and learning methods
and techniques to further prevent resident abuse from
actually occurring.
(6) As a matter of public policy, the State-approved
training program should take into account training and
experience acquired during the COVID-19 pandemic to
transition these individuals to placement on the State's
nurse aide registry.
Section 3. Section 2 of the act is amended by adding
definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"CMS." The Centers for Medicare and Medicaid Services.
"COVID-19." The Coronavirus Disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
* * *
"Hiring entity." A nursing facility or other health care
facility in which a nurse aide has been hired to perform nurse
aide duties.
* * *
"Temporary nurse aide." A nurse aide who has been hired
under the processes authorized according to Federal and State
waivers provided under the Federal and State emergency
declarations related to COVID-19.
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Section 4. The act is amended by adding a section to read:
Section 9.1. Certification of COVID-19 temporary nurse aides.
(a) Eligibility.--Notwithstanding the State-approved nurse
aide training programs, the department shall deem an individual
as satisfying the requirement of completing a nurse aide
training and competency evaluation program approved by the State
if:
(1) The individual successfully completed a training
program and competency assessment authorized under the CMS
COVID-19 pandemic waiver, including online training and an
online examination.
(2) The individual completed a minimum of 80 hours of
temporary nurse aide or supervised practical nurse aide
training, on-the-job training or regular in-service nurse
aide education during the declared COVID-19 emergency under
the supervision of a licensed or registered nurse.
(3) The individual's competency has been established by
one of the following:
(i) the successful completion of the State nurse
aide examination;
(ii) certification by a site administrator
responsible for assessing the individual's competency
skills as part of an approved apprenticeship program; or
(iii) through an assessment in all areas of required
nurse aide training as provided for in 42 CFR 483.152(b)
(relating to requirements for approval of a nurse aide
training and competency evaluation program) by the hiring
entity.
(b) Registry.--Individuals who meet the eligibility
provisions in subsection (a) shall be deemed to have completed
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all nurse aide training and competency evaluation program
requirements and shall be placed on the State nurse aide
registry.
(c) Implementation.--The department shall incorporate this
section as part of the State-approved nurse aide training
programs.
Section 5. This act shall take effect immediately.
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