Federal legislation was reintroduced on Monday to effectively remove a certified nursing assistant (CNA) education barrier for the nursing home sector, at a time when the industry is facing a historic staffing crisis.
Under the Ensuring Seniors’ Access to Quality Care Act, originally introduced by Sens. Mark Warner of Virginia and Tim Scott of South Carolina in December 2019, operators would be able to reinstate CNA training programs if relevant deficiencies cited in a survey are corrected.
The bill repeals a two-year training “lockout” for in-house CNA education if an operator was hit with a civil monetary penalty (CMP) over a certain amount.
Operators would need to prove the deficiencies didn’t result in an immediate risk to resident safety or arise as the result of resident harm from abuse or neglect in order to continue with CNA education programs at that facility, according to the bill.
Nursing homes should not have received a repeat deficiency related to resident harm in the past two years either.
The proposed bill would also allow nursing homes to access disciplinary information for affiliated physicians and health care practitioners, as reported through the National Practitioner Data Bank by state licensing authorities.
This aspect of the bill helps operators vet potential employees more thoroughly, according to a statement issued by Sen. Warner’s office – the data bank is a criminal background check system.
The two-year “lockout” is counterintuitive to providing the highest quality of care, according to LeadingAge officials. The national trade organization represents more than 5,000 nonprofit aging services providers.
“Our nation’s long-term care system is facing a dire workforce shortage that has only intensified in the wake of the COVID-19 pandemic,” Katie Smith Sloan, LeadingAge president and CEO said in a statement. “CNAs provide essential care in nursing homes nationwide, and we need strong training programs to ensure older adults can access much-needed 24/7 care.”
Sloan said every possible lever needs to be pulled to build the direct care workforce at a time when the sector is experiencing a historic labor shortage.
Researchers at PHI found the nation’s long-term care sector will need 8.2 million direct care jobs between 2018 and 2028, while existing caregivers exit the field or workforce altogether.
Several nursing homes have had to limit admissions due to the workforce shortage.
American Health Care Association President and CEO Mark Parkinson commended Sens. Warner and Scott for reintroducing the legislation “at this critical moment for the long-term care workforce.”
“In the midst of a historic labor crisis, we need solutions like the Ensuring Seniors Access to Quality Care Act to help nursing homes vet and train crucially needed caregivers,” Parkinson said in a statement. “By allowing facilities the ability to offer CNA training programs and access to the National Practitioner Data Bank, we can ensure our nation’s seniors receive high quality care delivered by highly-trained and dedicated caregivers.”
Such legislation would “better equip” operators to train caregivers and increase the overall labor pool, LeadingAge South Carolina CEO and chairperson David Buckshorn said in a news release.
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