• State Update

HHSC Update: NF Waivers in Place to Increase Staffing Flexibility

HHSC Long-term Care Regulation is reminding nursing facilities, Nurse Aide Training and Competency Evaluation Programs and Medication Aide programs of temporarily waived requirements to assist nursing facility providers with flexibility in staffing during the COVID-19 pandemic. The following are temporarily waived requirements:

  • Requirement related to second-year nurse aide students completing the nurse aide exam prior to performing nurse aide functions. This allows current nursing students to perform nurse aide functions during the emergency (26 TAC §556.11(c)(1)(D)-(E)).

  • Requirements related to CNA and Med Aide application submission and processing timeframes. This suspension includes flexibility on extending licenses while processing a late application. Any license existing at the time of the disaster declaration is in effect until HHSC requires renewal.

  • CNAs 26 TAC §556.9(d).

  • Med Aides 26 TAC §557.115(a)(1)-(3) and (6), (c)(1)-(4) and THSC §242.610(e), (h)-(k)

  • Provisions prohibiting a nursing facility from hiring someone to complete nurse aide tasks who is not a CNA for longer than four months (40 TAC §19.1001(a)(4)(A)(ii) and 40 TAC §19.1001(a)(4)(B), (C), (E), (F), and (H)).

  • Requirements related to clinical and skills training in a nursing facility and the requirement of classroom training to be in person. This will allow NATCEPs and Med Aide training programs to complete classroom training online and clinical and skills training in a laboratory setting.

  • Certified Nurse Aides: 26 TAC §556.3(h)-(j)

  • Medication Aides: 26 TAC §557.119

Read PL 20-21 (PDF) and PL 20-26 (PDF) for details.