PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2299 "(Q) prohibit the imposition on a niirse aide of any chaises (including any charges for textbooks and other required course materials and any changes for the competency evaluation) for either such program.'\ (4) DELAY AND TRANSITION IN 75-HOUB TRAINING PROGRAM REQUIREMENT. — •'-' '""•> (A) Section 1919(f)(2)(B)(ii) of such Act (42 U.S.C. 1396r(f)(2)(B)(ii)) is amended by striking "January 1, 1989" and inserting "July 1, 1989". (B) A nurse aide shall be considered to satisfy the require- 42 USC i395i-3 ment of sections 1819(b)(5)(A) and 1919(b)(5)(A) of the Social note. Security Act (of having completed a training and com- petency evaluation program approved by a State under section 1819(e)(l)(A) or 1919(e)(l)(A) of such Act), if such aide would have satisfied such requirement as of July 1, 1989, if a number of hours (not less than 60 hours) were substituted for "75 hours" in sections 1819(f)(2) and 1919(f)(2) of such Act, respectively, and if such aide had received, before July 1, 1989, at least the difference in the number of such " hours in supervised practical nurse £dde training or in r^ular in-service nurse aide education. (CO A nurse aide shall be considered to satisfy the require- ment of sections 1819a>X5XA) and 1919(b)(5)(A) of the Social Security Act (of having completed a training and com- petency evaluation pn^ram approved by a State under section 1819(e)(l)(A) or 1919(e)(l)(A) of such Act), if such aide was found competent (whether or not by the State), before July 1, 1989, after the completion of a course of nurse aide training of at least 100 hours duration. (D) With respect to the nurse aide competency evsQuation requirements described in sections 1819(b)(5)(A) and 19190W(5)(A) of the Social Security Act, a State may waive
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such requirements with respect to an individual who can ^ demonstrate to the satisfaction of the State that such individual has served as a nurse aide at one or more facilities of the same employer in the State for at least 24 consecutive months before the date of the enactment of this Act. (5) CLARIFICATION OF TEMPORARY ENHANCED FEDERAL FINAN- CIAL PARTICIPATION FOR NURSE AIDE TRAINING BY NURSING FACILI- TIES. — I (A) IN GENERAL.—Section 1903(a)(2)(B) of such Act (42 U.S.C 1396b(a)(2)(B)) is amended— (1) by inserting "(including the costs for nurse aides to complete such competency evaluation programs)" after "1919(e)(l)",and (ii) by inserting "(or, for calendar quarters beginning on or after July 1, 1988, and before July 1, 1990, the lesser of 90 percent or ihe Federal medical assistance percentage plus 25 percentage points)" after "50 per- cent". (B) No ALLOCATION OF COSTS BEFORE OCTOBER 1, 1990.— In 42 USC 1396b making payments under section 1903(a)(2)(B) of the Social note. Securi^ Act for amounts expended for nurse aide training and competency evaluation programs, and competency
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