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Obra Regulations

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Obra Regulations
The federal Omnibus Budget Reconciliation Act (OBRA) of 1987; established regulations for nursing homes receiving federal funding that includes reimbursements from Medicare or Medicaid programs. It was signed by President Ronald Reagan, and it was the first major revision to the federal standards for nursing home care since the creation of both Medicare and Medicaid in 1965. This legislation changed the legal expectations of nursing homes and their care. If nursing homes do not comply with these regulations they cannot receive federal reimbursement.
By the OBRA regulations nursing homes are not allowed to have working nurse aides for more than four months unless they are certified. In order to keep working longer than that aides need to go through a training and competency program. The nursing home will be responsible to verify that the aide is registered in their state. Under OBRA a nurse aide registry must consist of aides who have completed a nurse aide training and have successfully passed the competency evaluation program. The registry must make available the full name of the person, the date his/her training were completed and all the information of any improper conduct. If the person has not practiced in two years he/she may be removed from the registry.
OBRA requires that all nursing facilities keep all employees up to date in their trainings. Annual education requires a minimum of 12 hours of training that specially address any weaknesses or areas of concerns that the group may be having. If the facility holds mentally ill patients the aid needs to be able to show that they have the proper skills to handle situations involving those mentally ill patients. The states can have their own training and competency program, for a program to be approves it must meet OBRA regulations. Such training must have a minimum of 75 hours of training of which 16 need to be supervise practical training hours.
There are specific requirements under OBRA for a training



References: FEderal and MA Long term care laws and regulations. (2008). Retrieved July 1, 2013, from MANHR: http://www.manhr.org/fed_ma_laws_regs.aspx State Operation Manual. (2011, January 7). Retrieved July 1, 2013, from Appendix PP: http://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/downloads/som107ap_pp_guidelines_ltcf.pdf Hawes C, M. V. (1997, August). The OBRA-87 nursing home regulations and implementation. Retrieved July 1, 2013, from PUB MED.gov: http://www.ncbi.nlm.nih.gov/pubmed/9256852

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