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U.S. Code as of:
01/19/04
Section 1396g. State programs for licensing of administrators of nursing homes
(a) Nature of State program
For purposes of section 1396a(a)(29) of this title, a "State
program for the licensing of administrators of nursing homes" is a
program which provides that no nursing home within the State may
operate except under the supervision of an administrator licensed
in the manner provided in this section.
(b) Licensing by State agency or board representative of concerned
professions and institutions
Licensing of nursing home administrators shall be carried out by
the agency of the State responsible for licensing under the healing
arts licensing act of the State, or, in the absence of such act or
such an agency, a board representative of the professions and
institutions concerned with care of chronically ill and infirm aged
patients and established to carry out the purposes of this section.
(c) Functions and duties of State agency or board
It shall be the function and duty of such agency or board to -
(1) develop, impose, and enforce standards which must be met by
individuals in order to receive a license as a nursing home
administrator, which standards shall be designed to insure that
nursing home administrators will be individuals who are of good
character and are otherwise suitable, and who, by training or
experience in the field of institutional administration, are
qualified to serve as nursing home administrators;
(2) develop and apply appropriate techniques, including
examinations and investigations, for determining whether an
individual meets such standards;
(3) issue licenses to individuals determined, after the
application of such techniques, to meet such standards, and
revoke or suspend licenses previously issued by the board in any
case where the individual holding any such license is determined
substantially to have failed to conform to the requirements of
such standards;
(4) establish and carry out procedures designed to insure that
individuals licensed as nursing home administrators will, during
any period that they serve as such, comply with the requirements
of such standards;
(5) receive, investigate, and take appropriate action with
respect to, any charge or complaint filed with the board to the
effect that any individual licensed as a nursing home
administrator has failed to comply with the requirements of such
standards; and
(6) conduct a continuing study and investigation of nursing
homes and administrators of nursing homes within the State with a
view to the improvement of the standards imposed for the
licensing of such administrators and of procedures and methods
for the enforcement of such standards with respect to
administrators of nursing homes who have been licensed as such.
(d) Waiver of standards other than good character or suitability
standards
No State shall be considered to have failed to comply with the
provisions of section 1396a(a)(29) of this title because the agency
or board of such State (established pursuant to subsection (b) of
this section) shall have granted any waiver, with respect to any
individual who, during all of the three calendar years immediately
preceding the calendar year in which the requirements prescribed in
section 1396a(a)(29) of this title are first met by the State, has
served as a nursing home administrator, of any of the standards
developed, imposed, and enforced by such agency or board pursuant
to subsection (c) of this section.
(e) "Nursing home" and "nursing home administrator" defined
As used in this section, the term -
(1) "nursing home" means any institution or facility defined as
such for licensing purposes under State law, or, if State law
does not employ the term nursing home, the equivalent term or
terms as determined by the Secretary, but does not include a
religious nonmedical health care institution (as defined in
section 1395x(ss)(1) of this title).)1(!
(2) "nursing home administrator" means any individual who is
charged with the general administration of a nursing home whether
or not such individual has an ownership interest in such home and
whether or not his functions and duties are shared with one or
more other individuals.
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