CMS recently published a Survey & Certification Memorandum (S&C:11-35-NH) detailing progress in the implementation of Section 6121 of the Affordable Care Act (ACA). Section 6121 of the ACA mandates enhanced nurse aide training in nursing homes. The enhanced training focuses on two areas: 1) how to care for residents with dementia, and 2) how to prevent resident abuse. CMS states the interpretative guidelines for tag F497 have been revised to include the inclusion of the two focus areas for nurse aide training.
Tag F497 (currently beginning on page 620 of Appendix PP), “Regular In-Service Education”, is the tag related to 42 CFR §483.75(e)(8). This regulation requires the facility to complete a performance review of every nurse aide at lease once every 12 months, and must provide regular in-service education based on the outcome of those reviews. While the interpretive guidelines of this tag have been updated to reflect Section 6121, the text of the actual regulation has not yet been updated. CMS states they are working on a revision of the regulation to reflect this ACA mandate.
In order to facilitate compliance with this provision, CMS attached to the S&C Memo a list of training products currently available for facilities to utilize.
The entire text of the Patient Protection and Affordable Care Act (PPACA) is available here (Section 6121 is available starting on page 602).
Should you have any questions, please contact:
Todd Selby at 317.977.1440 or tselby@wp.hallrender.com;
Brian Jent at 317.977.1402 or bjent@wp.hallrender.com; or
David Bufford at 502.568.9368 or dbufford@wp.hallrender.com,
or your regular Hall Render attorney.
