Browse Arkansas Code titles and sections

42 U.S.C. § 1396g — State programs for licensing of administrators of nursing homes

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396g — State programs for licensing of administrators of nursing homes

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396g

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 9a83ce5250564b2454bd7e1bc613560ae5fcb1b570e0a08dedb913fd160dc7f6. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_cf782313480a767164286b51
Source file: Laws/federal/codes/united-states-code/title-42/section-1396g-state-programs-for-licensing-of-administrators-of-nursing-homes--2fbd1a804a.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2f5d4b2268f133ffb9f547fb25a944bcc6ae91dc41bde706193ae2bbe128d52b

Source location: Title 42, Chapter 7, § 1396g; chapter-007-social-security.md

Stored source content

**(a) Nature of State program** For purposes of [section 1396a(a)(29) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/29&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/29&num=0&edition=prelim) because the agency or board of such State (established pursuant to subsection (b)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/29&num=0&edition=prelim) 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). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/ss/1&num=0&edition=prelim)).11 So in original. The period probably should be “; and”. (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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396a — State plans for medical assistance

**(a) Contents** A State plan for medical assistance must— (1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim) are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan; (3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness; (4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to [section 1396b(i) of this title](https://uscode.house.gov/view.xhtml?req=granulei

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396a

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396g — State programs for licensing of adminis-

Page 4214 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396f because of Pub. L. 111–148, § 10203(b)(2)(B), set out as a note under this section. Subsec. (c). Pub. L. 111–148, § 2003(a)(2), struck out ‘‘under age 19’’ after ‘‘by the individual’’. Subsec. (d)(2). Pub. L. 111–148, § 2003(a)(3)(A), struck out ‘‘under age 19’’ after ‘‘to an individual’’ and sub- stituted ‘‘A State may not require, as a condition of an individual (or the individual’s parent) being or remain- ing eligible for medical assistance under this sub- chapter, that the individual (or the individual’s parent) apply for enrollment in qualified employer-sponsored coverage under this section.’’ for ‘‘State may not re- quire, as a condition of an individual under age 19 (or the individual’s parent) being or remaining eligible for medical assistance under this subchapter, apply for en- rollment in qualified employer-sponsored coverage under this section.’’ Subsec. (d)(3). Pub. L. 111–148, § 2003(a)(3)(B), sub- stituted ‘‘an individual (or the parent of an indi- vidual)’’ for ‘‘the parent of an individual under age 19’’. Subsec. (e). Pub. L. 111–148, § 2003(a)(4), struck out ‘‘under age 19’’ after ‘‘an individual’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–148, title II, § 2003(c), Mar. 23, 2010, 124 Stat. 283, provided that: ‘‘The amendments made by this section [amending this section] take effect on Jan- uary 1, 2014.’’ Pub. L. 111–148, title X, § 10203(b), Mar. 23, 2010, 124 Stat. 927, provided that the amendment made by sec- tion 10203(b)(2)(A) of Pub. L. 111–148 is effective as if in- cluded in the enactment of the Children’s Health Insur- ance Program Reauthorization Act of 2009 (Pub. L. 111–3). EFFECTIVE DATE Section effectiv

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396g

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.