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H.R.4614
Nursing Staff Accountability and Training Improvement Act of 2000
(Introduced in House)
SEC. 204. IMPROVEMENT IN WORKER SAFETY.
(1) IN GENERAL- The Secretary shall, in accordance with the provisions
of this section, award grants to nursing facilities to establish model
workplace safety programs. Such programs shall be designed to result in a
significant reduction in the incidence of accidents and injuries at the
nursing facility to employees of the nursing facility.
(2) PRIORITY OF GRANT AWARDS- In awarding grants under this section, the
Secretary shall give priority to nursing facilities with approved
applications filed in partnership with labor representatives.
(3) DEADLINE FOR INITIAL GRANT AWARDS- The Secretary shall award grants
under this section by not later than 6 months after the date of the
enactment of this Act.
(4) COORDINATION WITH THE SECRETARY OF LABOR- The Secretary shall
coordinate the implementation of the grant program established under this
section with the Secretary of Labor.
(1) APPLICATIONS REQUIRED- Each nursing facility that wishes to receive
a grant under this section shall submit an application at such time, in such
form, and complete with such information as the Secretary shall by
regulation require, except that any such application shall include at
least--
(A) a statement of the objectives for which the grant is
sought;
(B) a description of the types of programs and activities for which
the grant is sought;
(C) a plan for the timely implementation of the program and evaluation
of the program in the facility; and
(D) consultation with a State long-term care Ombudsman or a
community-based citizen advocacy group.
(2) NOTICE OF APPROVAL OR DISAPPROVAL- Each nursing facility submitting
an application under paragraph (1) shall, not later than 60 days after the
date of its submission, be notified in writing as to whether such
application is approved or disapproved.
(3) REQUIREMENT OF PRIOR APPROVAL FROM COLLECTIVE BARGAINING AGENCY- In
the case of a nursing facility applying for a grant under this section that
has a collective bargaining agent, the application filed by the facility
shall include written approval from that agent for the facility's proposed
use of the grant award.
(c) DURATION- A grant under this section may extend over a period of not
more than three years.
(d) ANNUAL APPROVAL- The provision of payments under a grant under this
section shall be subject to annual approval by the Secretary and subject to
the availability of appropriations for each fiscal year to make the
payments.
(e) USE OF GRANT FUNDS- A grant made under this section may be used only
to establish and carry out the model workplace safety program referred to in
subsection (a)(1).
(f) REPORTS- A nursing facility awarded a grant under this section shall
submit to the Secretary such reports, and within such time frames, as the
Secretary may require.
(g) REGULATIONS- Any regulations to carry out this section shall be
prescribed not later than 60 days after the date of enactment of this
section.
(h) AUTHORIZATION OF APPROPRIATIONS- For purposes of carrying out this
section, there are authorized to be appropriated to the Secretary $25,000,000
for each of fiscal years 2001, 2002, and 2003. 60 percent of such
appropriation shall be payable from the Federal Hospital Insurance Trust Fund,
and 40 percent of such appropriation shall be payable from the Federal
Supplementary Medical Insurance Trust Fund under title XVIII of the Social
Security Act (42 U.S.C. 1395i, 1395t).
(i) DEFINITIONS- In this section:
(1) The term `Secretary' means the Secretary of Health and Human
Services.
(2) The term `nursing facility' has the meaning given that term in
section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)), and
includes a skilled nursing facility (as defined in section 1819(a) of such
Act (42 U.S.C. 1395i-3(a)).
(3) The term `model safety workplace program' means a program certified
by an appropriate worker safety training expert (as determined by the
Secretary) to reduce the incidence of accidents and injuries at nursing
facilities, including such accidents and injuries associated with the
lifting and transportation of residents of the facility, stress reduction
activities, and compliance with workplace safety standards (such as
standards to reduce accidental needle stick injuries).
SEC. 205. DEMONSTRATION PROGRAM TO IMPLEMENT QUALITY IMPROVEMENT MODELS IN
NURSING FACILITY SETTINGS.
(a) QUALITY IMPROVEMENT MODELS-
(1) IN GENERAL- The Secretary shall provide for a demonstration project
under this section under which grants are made to 4 States to implement
innovative quality improvement models (described in paragraph (2) to improve
the quality of care furnished to residents of nursing facilities operating
in the State.
(2) MODELS DESCRIBED- A model referred to in paragraph (1) is a model
developed by the Agency for Healthcare Research and Quality, the American
Medical Directors Association, and the Nutrician Institute to reduce the
incidence and prevalence of infections, bed sores, incontinence, and lack of
mobility among such residents.
(1) APPLICATIONS REQUIRED- Each State that wishes to receive a grant
under this section shall submit an application at such time, in such form,
and complete with such information as the Secretary shall by regulation
require, except that any such application shall include at least--
(A) a statement of the objectives for which the grant is
sought;
(B) a description of the types of programs and activities for which
the grant is sought; and
(C) consultation with a State long-term care Ombudsman or a
community-based citizen advocacy group.
(2) NOTICE OF APPROVAL OR DISAPPROVAL- Each State submitting an
application under paragraph (1) shall, not later than 60 days after the date
of its submission, be notified in writing as to whether such application is
approved or disapproved.
(c) DURATION- A grant under this section may extend over a period of not
more than three years.
(d) ANNUAL APPROVAL- The provision of payments under a grant under this
section shall be subject to annual approval by the Secretary and subject to
the availability of appropriations for each fiscal year to make the
payments.
(e) USE OF GRANT FUNDS- A grant made under this section may be used only
to carry out to innovative quality improvement models referred to in
subsection (a).
(1) IN GENERAL- A State awarded a grant under this section shall submit
to the Secretary such reports, and within such time frames, as the Secretary
may require.
(2) REVIEW BY GAO- The Comptroller General of the United States shall
submit to Congress a report on the results of the demonstration project
under this section, including in such report an analysis of the models
developed by each State and the effectiveness of each such model in reducing
incontinence and pressure sores among residents of nursing facilities in
each such State.
(g) REGULATIONS- Any regulations to carry out this section shall be
prescribed not later than 60 days after the date of enactment of this
section.
(h) AUTHORIZATION OF APPROPRIATIONS- For purposes of carrying out this
section, there are authorized to be appropriated to the Secretary $25,000,000
for each of fiscal years 2001, 2002, and 2003. 60 percent of such
appropriation shall be payable from the Federal Hospital Insurance Trust Fund,
and 40 percent of such appropriation shall be payable from the Federal
Supplementary Medical Insurance Trust Fund under title XVIII of the Social
Security Act (42 U.S.C. 1395i, 1395t).
(i) DEFINITIONS- In this section:
(1) The term `Secretary' means the Secretary of Health and Human
Services.
(2) The term `nursing facility' has the meaning given that term in
section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)), and
includes a skilled nursing facility (as defined in section 1819(a) of such
Act (42 U.S.C. 1395i-3(a)).
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