H.R. 3536 (107th): Nursing Shortage State Response Act of 2001

107th Congress, 2001–2002. Text as of Dec 19, 2001 (Introduced).

Status & Summary | PDF | Source: GPO

HR 3536 IH

107th CONGRESS

1st Session

H. R. 3536

To clarify authority of States to establish licensing and training programs for new positions and categories of nursing assistants to relieve the shortage of nurses and the availability of medicare funding for such new positions and categories.

IN THE HOUSE OF REPRESENTATIVES

December 19, 2001

Mr. CLEMENT introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To clarify authority of States to establish licensing and training programs for new positions and categories of nursing assistants to relieve the shortage of nurses and the availability of medicare funding for such new positions and categories.

    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 ‘Nursing Shortage State Response Act of 2001’.

SEC. 2. CLARIFICATION OF STATE AUTHORITY REGARDING PROGRAMS TO RELIEVE SHORTAGE OF NURSES.

    (a) IN GENERAL- Nothing in the provisions of the Social Security Act shall be construed as preventing a State from creating new positions and categories of nursing assistant workers in order to relieve the current shortage of nursing staff and from permitting payment to be made under titles XVIII and XIX of such Act insofar as such new workers are performing tasks that, if performed by a nurse, would be reimbursable under such title.

    (b) MEDICARE AND MEDICAID PAYMENT POLICIES- Notwithstanding any other provision of law, insofar as payment may be made under title XVIII or XIX of the Social Security Act with respect to--

      (1) services of a registered or licensed nurse in the administration of medications and other authorized treatment, if such administration or treatment is performed by a trained medication aide who is licensed or authorized under State law to assist such nurses in such administration or treatment, payment may be made under such title with respect to such services of the aide instead of payment that would otherwise have been made if the nurse had provided such services; and

      (2) services of a certified nursing assistant with specific nursing-related tasks relating to activities of daily living, such as feeding and hydration, relating to mobility, or relating to other specific tasks, such as the distribution of fresh water, bed making, and initial call light response, if such tasks are performed by a trained resident assistant aide who is licensed or authorized under State law to extend the services of such assistants with respect to such tasks, payment may be made under such title with respect to such services of the nursing assistant instead of the payment that would otherwise have been made if the certified nursing assistant had provided such services.