
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1396g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
    SUBCHAPTER XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
 
Sec. 1396g. State programs for licensing of administrators of 
        nursing homes
        

(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 board

    It 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) of this 
section) 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) of this 
section.

(e) ``Nursing home'' and ``nursing home administrator'' defined

    As 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).\1\
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    \1\ So in original. The period probably should be ``; and''.
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        (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, Sec. 1908, as added Pub. L. 90-248, 
title II, Sec. 236(b), Jan. 2, 1968, 81 Stat. 908; amended Pub. L. 92-
603, title II, Secs. 268(b), 269, 274(b), Oct. 30, 1972, 86 Stat. 1451, 
1452; Pub. L. 93-233, Sec. 18(y)(3), Dec. 31, 1973, 87 Stat. 973; Pub. 
L. 104-193, title IX, Sec. 913, Aug. 22, 1996, 110 Stat. 2354; Pub. L. 
105-33, title IV, Sec. 4454(b)(2), Aug. 5, 1997, 111 Stat. 431.)

                            Repeal of Section

        Pub. L. 101-508, title IV, Sec. 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.

                          Codification

    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, Secs. 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, Sec. 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''.


                    Effective 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

    Section 913 of Pub. L. 104-193 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

    Section 236(c) of Pub. L. 90-248 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 1396a of this title; title 29 
section 1169.
