Clarification of In-Service Training Waiver Requirement Terminating June 6, 2022

The Centers for Medicare & Medicaid Services (CMS) has provided clarification on the In-Service Training requirements of §483.95(g)(1) for SNFs and NFs; this requires nursing assistants to receive at least 12 hours of in-service training annually. This waiver requirement was set to terminate on June 6, 2022.

The original waiver included language indicating the termination of the waiver would take place after the public health emergency (PHE) ends. The original language stated, “postponing the deadline for completing this requirement throughout the COVID-19 PHE until the end of the first full quarter after the declaration of the PHE concluded.”

However, CMS has terminated the waiver under different conditions and provided clarification that it will allow staff to have 12 months after the termination of the emergency waiver on June 6, 2022, to complete the required 12 hours of in-service training.

CMS is also planning to add this clarifying language to the document titled “COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers” located on the CMS Emergencies website.

Please visit Coronavirus waivers & flexibilities for more information from CMS on waivers.