Nurse Aide Federal Employment Eligibility Renewal Waiver Process

DHS Logo Original 07/11/2018

Division of Quality Assurance: Assisted Living

Attention: Assisted Living Providers

Nurse Aide Federal Employment Eligibility Renewal Waiver Process

When an individual is included on the Wisconsin Nurse Aide Registry, they have both federal and state eligibility. Federal eligibility must be maintained to work in any Medicare and/or Medicaid certified nursing home, home health agency or hospice. A nurse aide’s eligibility to work in a federally certified facility lapses every 2 years in accordance with federal guidelines under 42 CFR §483.156. An individual's state eligibility does not lapse; they retain their status as a state eligible nurse aide and they may work in a hospital or State licensed facility unless they have a finding on the WI Caregiver Misconduct Registry or bar prohibiting employment.

Under WI Administrative Code ch.129, a nurse aide is eligible to be employed by a federally-certified health care provider if the person does not have employment prohibitions, if the person is included on the nurse aide registry, and if the person has performed nursing or nursing-related services for monetary compensation at any time during the 24 consecutive months immediately before the individual's employment in a health care provider's setting would begin.

Under Publication 02393, DHS/DQA regulated health care providers not listed in WI Administrative Code ch. DHS 129.03(19) may submit a written request on the approved waiver request form (F-02476 and F-02476A) to waive the requirements under DHS 129.03(19) and DHS 129.09(6)(b) if the facility employs an RN or LPN and the RN or LPN has provided direct supervision or general supervision of the employed nurse aides and that the nurse aides have performed nursing or nursing-related duties for a minimum or eight (8) hours in the preceding 24 months.

OCQ will accept waiver requests from DHS/DQA regulated entities requesting federal employment eligibility renewals for nurse aides whose eligibility expired on 9/1/2018 or later. A request for a waiver may be made at any time. Please note that entities not regulated by DHS/DQA (e.g. schools, physician's clinics) are not eligible to apply for a waiver request.

If you have any questions regarding the nurse aide regulations or waiver process, please contact the Office of Caregiver Quality.