868
<PRE>[DOCID: f:h968enr.txt]
        H.R.968

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
  To amend title XVIII and XIX of the Social Security Act to permit a 
waiver of the prohibition of offering nurse aide training and competency 
           evaluation programs in certain nursing facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OFFERING NURSE AIDE 
              TRAINING AND COMPETENCY EVALUATION PROGRAMS IN CERTAIN 
              FACILITIES.

    Section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i-
3(f)(2)) and section 1919(f)(2) of such Act (42 U.S.C. 1396r(f)(2)) are 
each amended--
        (1) in subparagraph (B)(iii), by inserting ``subject to 
    subparagraph (C),'' after ``(iii)''; and
        (2) by adding at the end the following new subparagraph:
            ``(C) Waiver authorized.--Clause (iii)(I) of subparagraph 
        (B) shall not apply to a program offered in (but not by) a 
        nursing facility (or skilled nursing facility for purposes of 
        title XVIII) in a State if the State--
                ``(i) determines that there is no other such program 
            offered within a reasonable distance of the facility,
                ``(ii) assures, through an oversight effort, that an 
            adequate environment exists for operating the program in 
            the facility, and
                ``(iii) provides notice of such determination and 
            assurances to the State long-term care ombudsman.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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