Sens. Mark Warner (D-Va.) and Tim Scott (R-S.C.) have reintroduced legislation to empower nursing homes to better screen and vet potential employees by allowing operators to access the National Practitioner Data Bank, a national criminal background check system, to verify the records of potential caregivers.

Called the “Ensuring Seniors’ Access to Quality Care Act,” the bill also amends “overly restrictive regulations” that bar certain senior living facilities from conducting training programs for in-house CNAs, the two lawmakers said.

Under existing regulations by the Centers for Medicare and Medicaid Services (CMS), senior living facilities found to have deficiencies, such as poor conditions or patient safety violations, are automatically prohibited from conducting CNA staff training programs for a period of two years, even if they have fixed the problem.

Industry Expresses Support

Industry reaction to the legislation was positive, with both the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) and LeadingAge signing off on the bipartisan proposal.

“We commend Senators Warner and Scott for reintroducing this important legislation to directly address, and support, the growth of the long-term care workforce. With an aging population, we need solutions like the ‘Ensuring Seniors’ Access to Quality Care Act’ to help the caregivers of tomorrow answer the call to care,” said Clif Porter, president and CEO of AHCA/NCAL.

He said the bill would also support nursing homes in their efforts to train crucially needed direct caregivers and vet their workforce, working to ensure that our nation’s seniors receive high quality care delivered by highly skilled and dedicated professionals.

More CNAs, Please

AHCA/NCAL said across the country, nearly half (46 percent) of all nurse aides complete their training through a facility-based Nurse Aide Training Competency Evaluation Program (NATCEP), representing a critically important solution for developing the long-term care workforce.

“Yet, only one in five nursing homes operated a facility-based NATCEP in 2024, a decline after five years of growth. A current barrier to expanding these in-house training programs is a federal statute under which certain fines can trigger a two-year NATCEP suspension, even if the issue is unrelated to the training program or quality of care,” AHCA/NCAL said.

The legislation would allow these training programs to resume or start under certain parameters to ensure facility compliance and resident safety, the group added.

Comments or questions? Contact Patrick Connole at pconnole@parkplacelive.com.