Provider Notice issued 12/09/05

To: Nursing Facility Providers

Date: December 9, 2005

Re: Nursing Assistant Training

This notice is to clarify a nursing facility’s responsibility relating to payment for persons who enroll, have enrolled or will enroll in a certified nursing assistant (CNA) training course.

Federal regulations at 42 CFR 483.152(c)(1) provide that “No nurse aide who is employed by, or who has received an offer of employment from, a facility on the date on which the aide begins a nurse aide training and competency evaluation program may be charged for any portion of the program (including any fees for textbooks or other required course materials).” In accordance with the Illinois Department of Healthcare and Family Services Administrative Code at 140.539(a)(6) and (b)(8), this provision applies whether or not the facility requests Medicaid reimbursement for the training, the individual fails the competency exam or the individual subsequently leaves employment. A person who begins a program under this provision should not be expending his or her own money to take the program or competency evaluation. The nursing facility is responsible for payment of nurse aide training and competency evaluation program costs for any individual who begins a program while employed by the facility or after receiving an offer of employment from the facility.

Additionally, the federal regulation provides at 42 CFR 483.152(c)(2), that “If an individual who is not employed, or does not have an offer to be employed, as a nurse aide becomes employed by, or receives an offer of employment from, a facility not later than 12 months after completing a nursing aide training and competency evaluation program, the State must provide for the reimbursement of costs incurred in completing the program on a pro rata basis during the period in which the individual is employed as a nurse aide.” A nursing facility is not responsible for directly providing reimbursement under this provision.

Under both of the above referenced provisions, a nursing facility should submit Form HFS 2310, Nursing Assistant Training and Competency Evaluation Reimbursement Request, to the Department. The reimbursement received from the Department would be retained by the facility, or given to the CNA, whichever is applicable. If a reimbursement request is submitted under the second federal provision, the nursing facility should confirm with the CNA that the CNA was not previously employed by a nursing facility that would have already submitted a reimbursement request to the Department.

If you have any questions, please contact the Bureau of Long Term Care at 217-524-7245.

Anne Marie Murphy, Ph.D.
Administrator
Division of Medical Programs