CMS Issues CNA Training and Certification Waiver
In response to the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) on March 30th issued several national blanket waivers for health care providers using its authority under Section 1135 of the Social Security Act. One of the most significant, copied below, pertains to the training and certification of nurse aides in nursing homes:
Training and Certification of Nurse Aides. CMS is waiving the requirements at 42 CFR 483.35(d) (with the exception of 42 CFR 483.35(d)(1)(i)), which require that a SNF and NF may not employ anyone for longer than four months unless they met the training and certification requirements under § 483.35(d). CMS is waiving these requirements to assist in potential staffing shortages seen with the COVID-19 pandemic. To ensure the health and safety of nursing home residents, CMS is not waiving 42 CFR § 483.35(d)(1)(i), which requires facilities to not use any individual working as a nurse aide for more than four months, on a full-time basis, unless that individual is competent to provide nursing and nursing related services. We further note that we are not waiving § 483.35(c), which requires facilities to ensure that nurse aides are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through resident assessments, and described in the plan of care.
LeadingAge NY is seeking greater clarity on this waiver and will share more information with members once it is available.