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Urging Congress to Address CNA Training Penalty

November 20, 2024

Lutheran Services in America joined other faith-based organizations in sending a letter to House Speaker Mike Johnson (R-LA) and Democratic Leader Hakeem Jeffries (D-NY) to urge them to include the Ensuring Seniors’ Access to Quality Care Act (H.R. 3227) in any must-pass legislative package considered during the remainder of this Congress.

The bill addresses a longstanding problematic provision in federal law that penalizes skilled nursing facilities (SNFs) who are fined above a certain monetary threshold during their CMS survey by rescinding their authority to train certified nursing assistants (CNAs) for two years. This penalty stays in place for the entire two years, even if the SNF addresses the deficiency that resulted in the fine and regardless of whether the fine was related to the quality of resident care. H.R. 3227 would allow SNFs that have resolved their deficiencies to restart their CNA training programs before the end of the two-year period.

Lutheran Services in America has long supported making this change in the law. It is even more important now in light of the federal nursing home minimum staffing rule, which will require facilities to significantly increase their CNA staffing. The authority to train new workers is critical to facilities’ ability to potentially meet the new requirements.

Sarah Dobson is Senior Director of Advocacy and Public Policy at Lutheran Services in America.