CNA Training Lockout Bill Introduced in US Senate

Posted on July 7, 2022 by Libbie Chapuran

On June 13, US Senators Mark R. Warner (D-VA) and Tim Scott (R-SC) introduced S.4381, the Ensuring Seniors' Access to Quality Care Act, which would address the "CNA lockout" that's contributing to the long-term care staffing crisis across the country.

Certified Nursing Assistants (CNAs) are integral to the long-term care workforce and the care continuum. For decades, nursing homes surveyed and assessed a civil monetary penalty (CMP) above $10,000 automatically lose their authority to train CNAs for a full two years. This two-year training lockout is a significant problem for care providers as they deal with an ongoing workforce crisis that's only been made worse by the COVID pandemic.

S.4381 would allow nursing homes to reinstate their training programs provided any relevant deficiencies cited in the survey are corrected; the deficiencies did not result in an immediate risk to resident safety or arise due to resident harm from abuse or neglect; and the nursing home has not received a repeat deficiency related to resident harm in the past two years. It would also give nursing home operators access to the National Practitioner Data Bank (NPDB) – a national criminal background check system – to give employers a greater ability to screen potential candidates.

CNAs provide essential care in nursing homes nationwide, and we need vital training programs to ensure older adults can access much-needed 24/7 care. LeadingAge is working with lawmakers to get a companion bill introduced in the US House of Representatives and see this legislation passed by Congress and signed into law.