DOH to Submit Waiver for Approved TNA to CNA Programs

The Centers for Medicare and Medicaid Services (CMS) provided more information related to waivers of the Nurse Aide Training Competency and Evaluation Program (NATCEP) requirements in QSO-22-15-NH & NLTC & LSC, revised on Aug. 29, 2022.

CMS is aware that there may be instances where the volume of aides who must complete a state-approved NATCEP exceeds the available capacity for enrollees in a training program or taking the exam. This may cause delays in nurse aides becoming certified. If a facility or nurse aide has documentation that demonstrates their attempts to complete their training and testing (e.g., timely contacts to state officials, completion of the weekly Drupal, multiple attempts to enroll in a program or test), a waiver of these requirements (42 CFR §483.35(d)) is still available, and the aide may continue to work in the facility while continuing to attempt to become certified as soon as possible.

The Department of Health (DOH) has verified that capacity issues exist in both training and testing; therefore, the Department will be sending a statewide or county waiver to CMS on behalf of those facilities that received approval for a temporary nurse aide (TNA) to certified nurse aide (CNA) program under the 1135 waiver and have responded to the weekly Drupal. At this point, all approved TNA to CNA programs should submit their application for testing to Prometric regardless of whether the facility has completed the TNA to CNA training.

CMS has informed DOH that the portal to submit the waiver request is not able to receive waiver requests at this time. CMS has indicated that additional guidance on the waiver application is pending. To make clear, the Department will be submitting a waiver on behalf of approved TNA to CNA programs and those who have responded to the Drupal.

If you have any questions, please feel free to reach out to any member of the Policy team. 

Contact: Amy Nelson, anelson@leadingageny.org, 518-867-8383 ext. 146