42 USC 1397m - Enhancement of long-term care

U.S Code last checked for updates: Apr 27, 2024

§ 1397m.

Enhancement of long-term care

(a)

Grants and incentives for long-term care staffing

(1)

In general

(2)

Specific programs to enhance training, recruitment, and retention of staff

(A)

Coordination with Secretary of Labor to recruit and train long-term care staff

(B)

Career ladders and wage or benefit increases to increase staffing in long-term care

(i)

In general

The Secretary shall make grants to eligible entities to carry out programs through which the entities—

(I)

offer, to employees who provide direct care to residents of an eligible entity or individuals receiving community-based long-term care from an eligible entity, continuing training and varying levels of certification, based on observed clinical care practices and the amount of time the employees spend providing direct care; and

(II)

provide, or make arrangements to provide, bonuses or other increased compensation or benefits to employees who achieve certification under such a program.

(ii)

Application

(iii)

Authority to limit number of applicants

(3)

Specific programs to improve management practices

(A)

In general

(B)

Authorized activities

An eligible entity that receives a grant under subparagraph (A) shall use funds made available through the grant to provide training and technical assistance regarding management practices using methods that are demonstrated to promote retention of individuals who provide direct care, such as—

(i)

the establishment of standard human resource policies that reward high performance, including policies that provide for improved wages and benefits on the basis of job reviews;

(ii)

the establishment of motivational and thoughtful work organization practices;

(iii)

the creation of a workplace culture that respects and values caregivers and their needs;

(iv)

the promotion of a workplace culture that respects the rights of residents of an eligible entity or individuals receiving community-based long-term care from an eligible entity and results in improved care for the residents or the individuals; and

(v)

the establishment of other programs that promote the provision of high quality care, such as a continuing education program that provides additional hours of training, including on-the-job training, for employees who are certified nurse aides.

(C)

Application

(D)

Authority to limit number of applicants

(4)

Accountability measures

(5)

Definitions

In this subsection:

(A)

Community-based long-term care

(B)

Eligible entity

The term “eligible entity” means the following:

(i)

A long-term care facility.

(ii)

A community-based long-term care entity (as defined by the Secretary).

(b)

Certified EHR technology grant program

(1)

Grants authorized

(2)

Use of grant funds

Funds provided under grants under this subsection may be used for any of the following:

(A)

Purchasing, leasing, and installing computer software and hardware, including handheld computer technologies.

(B)

Making improvements to existing computer software and hardware.

(C)

Making upgrades and other improvements to existing computer software and hardware to enable e-prescribing.

(D)

Providing education and training to eligible long-term care facility staff on the use of such technology to implement the electronic transmission of prescription and patient information.

(3)

Application

(A)

In general

(B)

Authority to limit number of applicants

(4)

Participation in State health exchanges

(5)

Accountability measures

(c)

Adoption of standards for transactions involving clinical data by long-term care facilities

(1)

Standards and compatibility

(2)

Electronic submission of data to the Secretary

(A)

In general

(B)

Rule of construction

(3)

Regulations

(d)

Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1)

for fiscal year 2011, $20,000,000;

(2)

for fiscal year 2012, $17,500,000; and

(3)

for each of fiscal years 2013 and 2014, $15,000,000.

(Aug. 14, 1935, ch. 531, title XX, § 2041, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 791.)

cite as: 42 USC 1397m