101 STAT. 1330-172
PUBLIC LAW 100-203—DEC. 22, 1987
"(5) SPECIFICATION OF RESIDENT ASSESSMENT INSTRUMENT.—
Effective July 1, 1989, the State shall specify the instrument to be used by nursing facilities in the State in complying with the requirement of subsection (b)(3)(A)(iii). Such instrument shall be— "(A) one of the instruments designated under subsection (f)(6)(B), or "(B) an instrument which the Secretary has approved as being consistent with the minimum data set of core elements, common definitions, and utilization guidelines specified by the Secretary under subsection (fK6)(A). "(f) RESPONSIBIUTIES OF SECRETARY RELATING TO SKILLED NURSING FACILITY REQUIREMENTS.— "(1) GENERAL RESPONSIBILITY.—It is the duty and responsibil-
ity of the Secretary to assure that requirements which govern the provision of care in skilled nursing facilities under this title, and the enforcement of such requirements, are adequate to protect the health, safety, welfare, and rights of residents and to promote the effective and efficient use of public moneys. "(2) REQUIREMENTS FOR NURSE AIDE TRAINING PETENCY EVALUATION PROGRAMS A N D FOR NURSE PETENCY EVALUATION PROGRAMS.—
A N D COMAIDE COM-
"(A) IN GENERAL.—For purposes of subsections (b)(5) and (e)(1)(A), the Secretary shall establish, by not later than September 1, 1988— "(i) requirements for the approval of nurse aide training and competency evaluation programs, including requirements relating to (I) the areas to be covered in such a program (including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, beisic restorative services, and residents' rights), content of the curriculum, (II) minimum hours of initial and ongoing training and retraining (including not less than 75 hours in the Case of initial training), (III) qualifications of instructors, and (IV) procedures for determination of competency; "(ii) requirements for the approval of nurse aide competency evaluation programs, including requirement relating to the areas to be covered in such a program, including at least basic nursing skills, personal care skills, cognitive, behavioral and social care, basic restorative services, residents' rights, and procedures for determination of competency; and "(iii) requirements respecting the minimum frequency and methodology to be used by a State in reviewing such programs compliance with the requirements for such programs. "(B)
APPROVAL OF CERTAIN PROGRAMS.—Such
require-
ments— "(i) may permit approval of programs offered by or in facilities, as well as outside facilities (including employee organizations), and of programs in effect on the date of the enactment of this section; "(ii) shall permit a State to find that an individual who has completed (before July 1, 1989) a nurse aide training and competency evaluation program shall be deemed to have completed such a program approved
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