The House Energy and Commerce Subcommittee on Health held a legislative markup to consider 23 health-related bills on May 16. Among the bills that passed out of the Subcommittee were two long-term care workforce bills and a telehealth extenders bill.

The Ensuring Seniors Access to Quality Care Act (H.R. 3227), would address the two-year Certified Nursing Aide (CNA) training lockout for nursing homes that has remained in federal law for almost 40 years. The Subcommittee passed an amended version of the bill by a vote of 13-12.

The amended language reflects changes made to an updated version of the bill (H.R. 8244) that passed the House Ways and Means Committee on May 8. It would allow nursing facilities to continue training CNAs even if they have received Civil Monetary Penalties (CMPs) above the $12,924 threshold provided the citations are unrelated to direct resident care.

The Building America’s Health Care Workforce Act (H.R. 468), would reestablish certain Temporary Nurse Aide (TNA) flexibilities that expired with the COVID Public Health Emergency. The Subcommittee passed an amended version of this bill by a vote of 14-8. The amended version would extend the current CNA training and certification deadline from four months to 12 months for nurse aides in states with a certified nursing shortage. It would allow for bedside experience to count towards the hours needed for certification. However, any facilities that are cited for instances of patient harm during the previous two years would not qualify under this bill.

The Telehealth Modernization Act of 2024 (H.R. 7623), would extend key telehealth flexibilities that were last extended in the Consolidated Appropriations Act of 2023 and are set to expire in December. The Subcommittee passed an amended version of this bill by a vote of 21-0. The amended bill would extend through 2026 telehealth flexibilities for Medicare beneficiaries, including continued audio-only coverage for those in rural communities and the removal of geographic and originating site restrictions. Further, the amended bill authorizes the extension of the Acute Hospital at Home Waiver program through 2029. The provisions in the amended bill align it more closely with H.R. 8261, the Preserving Telehealth, Hospital, and Ambulance Access Act, which passed the House Ways and Means Committee on May 8.

LeadingAge will continue to advocate for this legislation and will keep you informed as these bills advance out of their committees of jurisdiction for potential consideration in the full House of Representatives.