On May 8, the House Ways and Means Committee passed by a vote of 25-18 legislation to address the nursing home two-year certified nursing assistant (CNA) training lockout that has remained in federal law for almost 40 years. The Committee passed an updated version of the Ensuring Seniors’ Access to Quality Care Act (H.R. 8244) that was introduced on May 6 by Representatives Ron Estes (R-KS) and Gerry Connolly (D-VA), who introduced the original version of the bill.

The updated CNA lockout bill would allow nursing facilities to continue training CNAs even if the provider has received Civil Monetary Penalties (CMPs) above the $12,924 threshold provided the citations are unrelated to direct resident care. The original version of the bill required the HHS secretary to determine which nursing facilities could have their lockouts rescinded, whereas the updated bill text takes the secretary out of the process. Another provision that was not included in the updated bill would have given Medicare and Medicaid providers access to the National Practitioner Data Bank to run background checks.

Responding to the legislation, LeadingAge President and CEO Katie Smith Sloan said in a statement: “The need … is particularly urgent now, following the Centers for Medicare and Medicaid Services’ April 22 announcement of the final nursing home minimum staffing rule. By our calculations at least 78,000 additional full-time nurse aides will be needed in nursing homes nationwide to comply with the new requirements. 

LeadingAge is leveraging every possible policy opportunity to build the long-term care workforce. Our mission-driven nonprofit members value onsite training programs not only for the solid educational foundation they provide to nurse aide students, but also because their location allows for hands-on experience working with residents and staff – truly a win-win. “

Committee passage of the bill represents an important step in our efforts to ensure nursing homes can train more direct care workers, particularly in light of CMS’s final minimum staffing rule on the horizon. LeadingAge has worked tirelessly to address the CNA two-year training lockout and supports final passage of the Ensuring Access to Quality Care Act to help achieve our goal of expanding the aging services workforce.