(a) The seventh attestation element requires that the facility
attest that it will not, at any time, employ a number of H-1C nurses
that exceeds 33% of the total number of registered nurses employed by
the facility. The calculation of the population of nurses for purposes
of this attestation includes only nurses who have an employer-employee
relationship with the facility (as defined in Sec. 655.1102).
(b) The facility must maintain documentation (e.g., payroll
records, copies of H-1C petitions) that demonstrates its compliance
with this attestation. The facility must make such documentation
available to the Administrator in the event of an enforcement action
pursuant to subpart M of this part.