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HHS/CMS RIN: 0938-AO82 Publication ID: Fall 2008 
Title: Waiver of Disapproval of Nurse Aide Training Program in Certain Cases and Nurse Aide Petition for Removal of Information for Singular Finding of Neglect (CMS-2266-F) 
Abstract: This rule permits a waiver or nurse aide training disapproval for skilled nursing facilities and nursing facilities that are assessed a civil money penalty of at least $5,000 for noncompliance that is not related to quality of care. The purpose of this regulation is to implement the legislative waiver provision enacted on December 8, 2003, in section 932(c)(2) of the MMA. The ability to make these waiver determinations could allow continued and consistent operation of a nursing home's nurse aide training program in facilities having non-quality of care deficiencies, which ultimately benefits residents. This rule also codifies statutory provisions at sections 1819(g)(1)(D) and 1919(g)(1)(D) of the Social Security Act that permits the State to establish a procedure to permit a nurse aide to petition the State to have a singular finding of neglect removed from the nurse aide registry if the State determines that the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect and the neglect involved in the original finding was a singular occurrence. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 42 CFR 483   
Legal Authority: sec 932 (c) (2) MMA    secs 1819(g)(1)(D) and 1919(g)(1)(D) of the Social Security Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/23/2007  72 FR 65692   
NPRM Comment Period End  12/24/2007    
Final Action  11/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Patricia Miller
Health Insurance Specialist
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Medicaid and State Operations, Mailstop S2-19-14, 7500 Security Boulevard,
Baltimore, MD 21244
Phone:410 786-6780
Fax:410 786-0194
Email: patricia.miller@cms.hhs.gov