42 U.S.C. § 1396g

State programs for licensing of administrators of nursing homes

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(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 boardIt 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)) 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).

(e) “Nursing home” and “nursing home administrator” definedAs 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).11 So in original. The period probably should be “; and”.(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.(Aug. 14, 1935, ch. 531, title XIX, § 1908, as added Pub. L. 90–248, title II, § 236(b), Jan. 2, 1968, 81 Stat. 908; amended Pub. L. 92–603, title II, §§ 268(b), 269, 274(b), Oct. 30, 1972, 86 Stat. 1451, 1452; Pub. L. 93–233, § 18(y)(3), Dec. 31, 1973, 87 Stat. 973; Pub. L. 104–193, title IX, § 913, Aug. 22, 1996, 110 Stat. 2354; Pub. L. 105–33, title IV, § 4454(b)(2), Aug. 5, 1997, 111 Stat. 431.)Repeal of Section

Pub. L. 101–508, title IV, § 4801(e)(11), Nov. 5, 1990, 104 Stat. 1388–217, provided that, effective on the date on which the Secretary promulgates standards regarding the qualifications of nursing facility administrators under section 1396r(f)(4) of this title, this section is repealed.

Editorial NotesCodification

Another section 1908 of act Aug. 14, 1935, was renumbered section 1908A and is classified to section 1396g–1 of this title.

Amendments

1997—Subsec. (e)(1). Pub. L. 105–33 which directed substitution of “a religious nonmedical health care institution (as defined in section 1395x(ss)(1) of this title).” for “a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts; and” in “Section 1908(e)(1) (42 U.S.C. 1396g–1(e)(1))” of the Social Security Act, was executed by making the substitution in subsec. (e)(1) of this section to reflect the probable intent of Congress, because section 1396g–1 of this title, which is also section 1908 of the Social Security Act, does not have a subsec. (e).

1996—Subsec. (e)(1). Pub. L. 104–193, which directed substitution of “The Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.” for “The First Church of Christ, Scientist, Boston, Massachusetts” in section 1908(e)(1) of the Social Security Act (42 U.S.C. 1396g–1(e)(1)) could not be executed to this section or section 1396g–1 of this title, both of which are section 1908. Section 1396g–1 does not have a subsec. (e) and subsec. (e)(1) of this section does not contain the quoted language with the word “the” capitalized.

1973—Subsec. (d). Pub. L. 93–233 struck out second sentence reading substantially the same as the first sentence but containing the following additional text reading “other than such standards as relate to good character or suitability if—

“(1) such waiver is for a period which ends after being in effect for two years or on June 30, 1972, whichever is earlier, and

“(2) there is provided in the State (during all of the period for which waiver is in effect), a program of training and instruction designed to enable all individuals with respect to whom any such waiver is granted, to attain the qualifications necessary in order to meet such standards” and also “calendar year” instead of “three calendar years” and reference to “subsection (c)(1) of this section” instead of “subsection (c) of this section”.

Subsec. (e). Pub. L. 93–233 redesignated subsec. (g) as (e), and repealed prior subsec. (e) relating to authorization of appropriations for fiscal years 1968 through 1972 and to limitation of grants.

Subsec. (f). Pub. L. 93–233 repealed subsec. (f) providing for creation of National Advisory Council on Nursing Home Administration and for its composition, appointment of members, the Chairman, representation of interests, functions and duties, compensation and travel expenses, technical assistance, availability of assistance and data, and termination date of Dec. 31, 1971.

Subsec. (g). Pub. L. 93–233, redesignated subsec. (g) as (e).

1972—Subsec. (d). Pub. L. 92–603, §§ 269, 274(b), inserted references to the grant of waivers to individuals 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, have served as nursing home administrators and substituted “subsection (c)(1)” for “subsection (b)(1)”.

Subsec. (g)(1). Pub. L. 92–603, § 268(b), inserted “, but does not include a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts” after “Secretary”.

Statutory Notes and Related SubsidiariesEffective Date of 1997 Amendment

Amendment by Pub. L. 105–33 effective Aug. 5, 1997, and applicable to items and services furnished on or after such date, with provision that Secretary of Health and Human Services issue regulations to carry out such amendment by not later than July 1, 1998, see section 4454(d) of Pub. L. 105–33, set out as an Effective Date note under section 1395i–5 of this title.

Effective Date of 1996 Amendment

Pub. L. 104–193, title IX, § 913, Aug. 22, 1996, 110 Stat. 2354, provided that the amendment made by that section is effective Jan. 1, 1997.

Effective Date of 1972 Amendment

Amendment by section 268(b) of Pub. L. 92–603 effective Oct. 30, 1972, see section 268(c) of Pub. L. 92–603, set out as a note under section 1396a of this title.

Effective Date

Pub. L. 90–248, title II, § 236(c), Jan. 2, 1968, 81 Stat. 910, provided that: “Except as otherwise specified in the text thereof, the amendments made by this section [enacting this section and amending section 1396a of this title] shall take effect on July 1, 1970.”

Notes of Decisions

Cited in 11 cases, 1972–2000 · leading case: Florida v. Mathews, 526 F.2d 319 (5th Cir. 1976).

Sort: Relevance Newest Treatment

Florida v. Mathews, 526 F.2d 319 (5th Cir. 1976). · cites it 6× “8 After the Florida plan was approved, the Secretary proposed the following regulation to implement 42 U.S.C. § 1396g: “ . .. . [The licensing] board shall be composed of individuals representative of the professions and institutions concerned with the care and treatment of…”

Texas Dep't of Human Servs. v. Christian Care Centers, Inc., 826 S.W.2d 715 (Tex. App. 1992). “947 , 973 (42 U.S.C. § 1396g, since repealed). None of these sections places upon states or facilities a requirement similar to the Level of Care Forms, or requires a decrease in federal matching funds as a mandatory penalty if such forms or the review initiated by them is…”

Child.'s Healthcare is a Legal Duty, Inc. v. Vladeck, 938 F. Supp. 1466 (D. Minnesota 1996). · cites it 2× “Finally, Plaintiffs challenge both a statutory provision, 42 U.S.C. § 1396g(e)(l), and a regulatory provision, 42 C.”

Home Sav. Ass'n of Kansas City, F.A. v. Woodstock Assocs. I, Inc. (In Re Woodstock Assocs. I, Inc.), 120 B.R. 436 (Bankr. N.D. Ill. 1990). “Additionally, it must also provide that any skilled nursing facility which receives payments under the state plan must satisfy various requirements. 42 U.S.C. § 1396a(a)(28) and § 1395x(j).”

Child.'s Healthcare is a Legal Duty, Inc. v. Min De Parle, 212 F.3d 1084 (8th Cir. 2000). · cites it 2× “See 42 U.S.C. § 1396g(e)(1). In response to the enactment of section 4454, appellants brought the present action against the United States, contending that section 4454 violates the Establishment Clause both on its face and as applied to Christian Science sanitoria.”

Colorado v. O'Halloran, 557 F. Supp. 289 (D. Colo. 1983). · cites it 2× “Section 12-39-105(4) grants the board of examiners of nursing home administrators the authority to make rules and otherwise to take steps to enable it to comply with 42 U.S.C. § 1396g; that section of the Medicaid Act sets out the requirements of a state program for licensing of…”

Purser v. Rahm, 702 P.2d 1196 (Wash. 1985). “§ 1396a(a)(30), (31); 42 U.S.C. §§ 1396g, 1396L No comparable purpose exists for uniformity when determining the income ownership of an institutionalized applicant for Medicaid eligibility purposes.”

State of Florida v. Caspar W. Weinberger, Sec'y, Health, Educ. & Welfare, 492 F.2d 488 (5th Cir. 1974). “42 U.S.C. § 1396g(b). A brief chronology may be of assistance in understanding how the parties arrived at the posture in which we find them.”

Carbon Hill Health Care, Inc. v. Beasley, 528 F. Supp. 421 (M.D. Ala. 1981). · cites it 2× “Finally, plaintiff argues that 42 U.S.C.A. § 1396g(e)(2) defines a nursing home administrator as “any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest and whether or not his functions and duties…”

Texas Dep't of Human Servs. v. Christian Care Centers, Inc. (Tex. App. 1992). “947 , 973 (42 U.S.C. § 1396g, since repealed). None of these sections places upon states or facilities a requirement similar to the Level of Care Forms, or requires a decrease in federal matching funds as a mandatory penalty if such forms or the review initiated by them is…”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 1972). “" The provisions of Article 4442d, Vernon's Civil Statutes, meet the requirements of Subdivision (a) of 42 U.S.C.A. §1396g, above quoted. In view of the foregoing the Secretary of Health, Edu- cation and Welfare has required the Texas Department of Mental Health and Mental…”

— 42 U.S.C. § 1396g(b) — 2 cases

Florida v. Mathews, 526 F.2d 319 (5th Cir. 1976). “8 After the Florida plan was approved, the Secretary proposed the following regulation to implement 42 U.S.C. § 1396g: “ . .. . [The licensing] board shall be composed of individuals representative of the professions and institutions concerned with the care and treatment of…”

— 42 U.S.C. § 1396g(e)(1) — 1 case

Child.'s Healthcare is a Legal Duty, Inc. v. Min De Parle, 212 F.3d 1084 (8th Cir. 2000). “See 42 U.S.C. § 1396g(e)(1). In response to the enactment of section 4454, appellants brought the present action against the United States, contending that section 4454 violates the Establishment Clause both on its face and as applied to Christian Science sanitoria.”

— 42 U.S.C. § 1396g(e)(2) — 1 case

Carbon Hill Health Care, Inc. v. Beasley, 528 F. Supp. 421 (M.D. Ala. 1981). “Finally, plaintiff argues that 42 U.S.C.A. § 1396g(e)(2) defines a nursing home administrator as “any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest and whether or not his functions and duties…”

— 42 U.S.C. § 1396g(e)(l) — 2 cases

Child.'s Healthcare is a Legal Duty, Inc. v. Vladeck, 938 F. Supp. 1466 (D. Minnesota 1996). “Finally, Plaintiffs challenge both a statutory provision, 42 U.S.C. § 1396g(e)(l), and a regulatory provision, 42 C.”

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