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<PRE>[DOCID: f:h3536ih.txt]






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.
                                 &lt;all&gt;

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