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Virginia Administrative Code
Title 12. Health
Agency 30. Department Of Medical Assistance Services
Chapter 10. State Plan under Title XIX of the Social Security Act Medical Assistance Program; General Provisions
1/24/2022

12VAC30-10-780. Nurse aide training and competency evaluation for nursing facilities.

A. The State assures that the requirements of 42 CFR 483.150(a), which relate to individuals deemed to meet the nurse aide training and competency evaluation requirements, are met.

B. The State does not elect to waive the competency evaluation requirements for individuals who meet the requirements of 42 CFR 483.150(b)(1).

C. The State does not elect to deem individuals who meet the requirements of 42 CFR 483.150(b)(2) to have met the nurse aide training and competency evaluation requirements.

D. The State specifies any nurse aide training and competency evaluation programs it approves as meeting the requirements of 42 CFR 483.152 and competency evaluation programs it approves as meeting the requirements of 42 CFR 483.154.

E. The State offers a nurse aide training and competency evaluation program that meets the requirements of 42 CFR 483.152.

F. The State offers a nurse aide competency evaluation program that meets the requirements of 42 CFR 483.154.

G. If the State does not choose to offer a nurse aide training and competency evaluation program or nurse aide competency evaluation program, the State reviews all nurse aide training and competency evaluation programs and competency evaluation programs upon request.

H. The State survey agency determines, during the course of all surveys, whether the requirements of 483.75(e) are met.

I. Before approving a nurse aide training and competency evaluation program, the State determines whether the requirements of 42 CFR 483.152 are met.

J. Before approving a nurse aide competency evaluation program, the State determines whether the requirements of 42 CFR 483.154 are met.

K. For program reviews other than the initial review, the State visits the entity providing the program.

L. The State does not approve a nurse aide training and competency evaluation program or competency evaluation program offered by or in certain facilities as described in 42 CFR 483.151(b)(2) and (3).

M. The State, within 90 days of receiving a request for approval of a nurse aide training and competency evaluation program or competency evaluation program, either advises the requestor whether or not the program has been approved or requests additional information from the requestor.

N. The State does not grant approval of a nurse aide training and competency evaluation program for a period longer than 2 years.

O. The State reviews programs when notified of substantive changes (e.g., extensive curriculum modification).

P. The State withdraws approval from nurse aide training and competency evaluation programs and competency evaluation programs when the program is described in 42 CFR 483.151(b)(2) or (3).

Q. The State withdraws approval of nurse aide training and competency evaluation programs that cease to meet the requirements of 42 CFR 483.152 and competency evaluation programs that cease to meet the requirements of 42 CFR 483.154.

R. The State withdraws approval of nurse aide training and competency evaluation programs and competency evaluation programs that do not permit unannounced visits by the State.

S. When the State withdraws approval from a nurse aide training and competency evaluation program or competency evaluation program, the State notifies the program in writing, indicating the reasons for withdrawal of approval.

T. The State permits students who have started a training and competency evaluation program from which approval is withdrawn to finish the program.

U. The State provides for the reimbursement of costs incurred in completing a nurse aide training and competency evaluation program or competency evaluation program for nurse aides who become employed by or who obtain an offer of employment from a facility within 12 months of completing such program.

V. The State provides advance notice that a record of successful completion of competency evaluation will be included in the State's nurse aide registry.

W. Competency evaluation programs are administered by the State or by a State-approved entity which is neither a skilled nursing facility participating in Medicare nor a nursing facility participating in Medicaid.

X. The State does not elect to permit proctoring of the competency evaluation in accordance with 42 CFR 483.154(d).

Y. The State has a standard for successful completion of competency evaluation programs.

Z. The State includes a record of successful completion of a competency evaluation within 30 days of the date an individual is found competent.

Statutory Authority

Social Security Act Title XIX; 42 CFR 430 to end; all other applicable statutory and regulatory sections.

Historical Notes

Subsections A through F derived from VR460-01-79.14, eff. June 16, 1993; subsections G through L derived from VR460-01-79.15, eff. June 16, 1993; subsections M through R derived from VR460-01-79.16, eff. June 16, 1993; subsections S through Y derived from VR460-01-79.17, eff. June 16, 1993; subsection Z derived from VR460-01-79.18, eff. June 16, 1993.

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