Page:United States Statutes at Large Volume 101 Part 2.djvu/990

 101 STAT. 1330-196

PUBLIC LAW 100-203—DEC. 22, 1987 "(A) establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment in which residents reside and to help prevent the development and transmission of disease and infection, and "(B) be designed, constructed, equipped, and maintained in a manner to protect the health and safety of residents, personnel, and the general public. "(4) MISCELLANEOUS.— "(A) COMPUANCE WITH FEDERAL, STATE, AND LOCAL LAWS

AND PROFESSIONAL STANDARDS.—A nursing facility must operate and provide services in compliance with all applicable Federal, State, and local laws and regulations (including the requirements of section 1124 and with accepted professional standards and principles which apply to professionals providing services in such a facility. "(B) OTHER.—A nursing facility must meet such other requirements relating to the health and safety of residents or relating to the physical facilities thereof as the Secretary may find necessary.'. (c) STATE REQUIREMENTS RELATING TO NURSING FACILITY REQUIRE-

42 USC I396r.

MENTS.—Section 1919 of such Act is further amended by adding at the end the following new subsection: "(e)

STATE

REQUIREMENTS

RELATING

TO

NURSING

FACILITY

REQUIREMENTS.—As a condition of approval of ** its plan under this title, a State must provide for the following: "(1) SPECIFICATION AND REVIEW OF NURSE AIDE TRAINING AND COMPETENCY EVALUATION PROGRAMS AND OF NURSE AIDE COMPETENCY EVALUATION PROGRAMS.—The State must—

"(A) by not later than September 1, 1988, specify those training and competency evaluation programs, and those competency evaluation programs, that the State approves for purposes of subsection (b)(5) and that meet the requirements established under clause (i) or (ii) of subsection (fK2XA), and "(B) by not later than September 1, 1990, provide for the review and reapproval of such programs, at a frequency and using a methodology consistent with the requirements established under subsection (fK2XAXiii). The failure of the Secretary to establish requirements under subsection (f)(2) shall not relieve any State of its responsibility under this paragraph. "(2) NURSE AIDE REGISTRY.—

"(A) IN GENERAL.—By not later than January 1, 1989, the State shall establish and maintain a registry of all individuals who have satisfactorily completed a nurse aide training and competency evaluation program, or a nurse aide competency evaluation program, approved under paragraph (1) in the State. "(B) INFORMATION IN REGISTRY.—The registry under subparagraph (A) shall provide (in accordance with regulations of the Secretary) for the inclusion of specific documented findings by a State under subsection (g)(l)(C) of resident neglect or abuse or misappropriation of resident •* Copy read "approval its".

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