42 U.S.C. § 1396g | State programs for licensing of administrators of nursing homes

(a)

Nature of State program

section 1396a(a)(29) of this titleFor purposes of , a “State program for the licensing of administrators of nursing homes” is a program which provides that no nursing home within the State may operate except under the supervision of an administrator licensed in the manner provided in this section.

(b)

Licensing by State agency or board representative of concerned professions and institutions

Licensing of nursing home administrators shall be carried out by the agency of the State responsible for licensing under the healing arts licensing act of the State, or, in the absence of such act or such an agency, a board representative of the professions and institutions concerned with care of chronically ill and infirm aged patients and established to carry out the purposes of this section.

(c)

Functions and duties of State agency or board

It shall be the function and duty of such agency or board to—

(1)

develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;

(2)

develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;

(3)

issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;

(4)

establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;

(5)

receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards; and

(6)

conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the State with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.

(d)

Waiver of standards other than good character or suitability standards

section 1396a(a)(29) of this title section 1396a(a)(29) of this titleNo State shall be considered to have failed to comply with the provisions of because the agency or board of such State (established pursuant to subsection (b)) shall have granted any waiver, with respect to any individual who, during all of the three calendar years immediately preceding the calendar year in which the requirements prescribed in are first met by the State, has served as a nursing home administrator, of any of the standards developed, imposed, and enforced by such agency or board pursuant to subsection (c).

(e)

“Nursing home” and “nursing home administrator” defined

As used in this section, the term—

(1)

section 1395x(ss)(1) of this title 1

1 So in original. The period probably should be “; and”.

“nursing home” means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary, but does not include a religious nonmedical health care institution (as defined in ).

(2)

“nursing home administrator” means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals.

Aug. 14, 1935, ch. 531 Pub. L. 90–248, title II, § 236(b)Jan. 2, 196881 Stat. 908 Pub. L. 92–603, title IIOct. 30, 197286 Stat. 1451 Pub. L. 93–233, § 18(y)(3)Dec. 31, 197387 Stat. 973 Pub. L. 104–193, title IX, § 913Aug. 22, 1996110 Stat. 2354 Pub. L. 105–33, title IV, § 4454(b)(2)Aug. 5, 1997111 Stat. 431(, title XIX, § 1908, as added , , ; amended , §§ 268(b), 269, 274(b), , , 1452; , , ; , , ; , , .)

Repeal of Section

Pub. L. 101–508, title IV, § 4801(e)(11)Nov. 5, 1990104 Stat. 1388–217 section 1396r(f)(4) of this title, , , provided that, effective on the date on which the Secretary promulgates standards regarding the qualifications of nursing facility administrators under , this section is repealed.

Editorial Notes

Codification

Aug. 14, 1935section 1396g–1 of this titleAnother section 1908 of act , was renumbered section 1908A and is classified to .

Amendments

Pub. L. 105–33 section 1395x(ss)(1) of this title 42 U.S.C. 1396g–1(e)(1)section 1396g–1 of this title1997—Subsec. (e)(1). which directed substitution of “a religious nonmedical health care institution (as defined in ).” for “a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts; and” in “Section 1908(e)(1) ()” of the Social Security Act, was executed by making the substitution in subsec. (e)(1) of this section to reflect the probable intent of Congress, because , which is also section 1908 of the Social Security Act, does not have a subsec. (e).

Pub. L. 104–193 42 U.S.C. 1396g–1(e)(1)section 1396g–1 of this title1996—Subsec. (e)(1). , which directed substitution of “The Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.” for “The First Church of Christ, Scientist, Boston, Massachusetts” in section 1908(e)(1) of the Social Security Act () could not be executed to this section or , both of which are section 1908. Section 1396g–1 does not have a subsec. (e) and subsec. (e)(1) of this section does not contain the quoted language with the word “the” capitalized.

Pub. L. 93–2331973—Subsec. (d). struck out second sentence reading substantially the same as the first sentence but containing the following additional text reading “other than such standards as relate to good character or suitability if—

June 30, 1972“(1) such waiver is for a period which ends after being in effect for two years or on , whichever is earlier, and

“(2) there is provided in the State (during all of the period for which waiver is in effect), a program of training and instruction designed to enable all individuals with respect to whom any such waiver is granted, to attain the qualifications necessary in order to meet such standards” and also “calendar year” instead of “three calendar years” and reference to “subsection (c)(1) of this section” instead of “subsection (c) of this section”.

Pub. L. 93–233Subsec. (e). redesignated subsec. (g) as (e), and repealed prior subsec. (e) relating to authorization of appropriations for fiscal years 1968 through 1972 and to limitation of grants.

Pub. L. 93–233Dec. 31, 1971Subsec. (f). repealed subsec. (f) providing for creation of National Advisory Council on Nursing Home Administration and for its composition, appointment of members, the Chairman, representation of interests, functions and duties, compensation and travel expenses, technical assistance, availability of assistance and data, and termination date of .

Pub. L. 93–233Subsec. (g). , redesignated subsec. (g) as (e).

Pub. L. 92–603 section 1396a(a)(29) of this title1972—Subsec. (d). , §§ 269, 274(b), inserted references to the grant of waivers to individuals who, during all of the three calendar years immediately preceding the calendar year in which the requirements prescribed in are first met by the State, have served as nursing home administrators and substituted “subsection (c)(1)” for “subsection (b)(1)”.

Pub. L. 92–603, § 268(b)Subsec. (g)(1). , inserted “, but does not include a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts” after “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–33Aug. 5, 1997July 1, 1998section 4454(d) of Pub. L. 105–33 section 1395i–5 of this titleAmendment by effective , and applicable to items and services furnished on or after such date, with provision that Secretary of Health and Human Services issue regulations to carry out such amendment by not later than , see , set out as an Effective Date note under .

Effective Date of 1996 Amendment

Pub. L. 104–193, title IX, § 913Aug. 22, 1996110 Stat. 2354Jan. 1, 1997, , , provided that the amendment made by that section is effective .

Effective Date of 1972 Amendment

section 268(b) of Pub. L. 92–603Oct. 30, 1972section 268(c) of Pub. L. 92–603 section 1396a of this titleAmendment by effective , see , set out as a note under .

Effective Date

Pub. L. 90–248, title II, § 236(c)Jan. 2, 196881 Stat. 910

section 1396a of this titleJuly 1, 1970“Except as otherwise specified in the text thereof, the amendments made by this section [enacting this section and amending ] shall take effect on .”

, , , provided that: