HF 1522

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying requirements for 
  1.3             full-time nursing home administrators; amending 
  1.4             Minnesota Statutes 2000, section 144A.04, subdivision 
  1.5             5; repealing Minnesota Statutes 2000, section 144A.04, 
  1.6             subdivision 5a; and Minnesota Rules, part 4658.0055, 
  1.7             subpart 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 144A.04, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [ADMINISTRATORS.] Except as otherwise provided by 
  1.12  this subdivision, a nursing home must have a full time licensed 
  1.13  nursing home administrator serving the facility.  
  1.14  Notwithstanding sections 144A.18 to 144A.27, in any nursing home 
  1.15  of less than 45 beds, the director of nursing services may also 
  1.16  serve as the licensed nursing home administrator without being 
  1.17  licensed as a nursing home administrator, provided the director 
  1.18  of nursing services has passed the state law and rules 
  1.19  examination administered by the board of examiners for nursing 
  1.20  home administrators and maintains evidence of completion of 20 
  1.21  hours of continuing education each year on topics pertinent to 
  1.22  nursing home administration.  Two nursing homes under common 
  1.23  ownership or management pursuant to a lease or management 
  1.24  contract having a total of 150 beds or less and located within 
  1.25  75 miles of each other may share the services of a licensed 
  1.26  administrator if the administrator divides the full-time work 
  2.1   week between the two facilities in proportion to the number of 
  2.2   beds in each facility.  Every nursing home shall have a 
  2.3   person-in-charge on the premises at all times in the absence of 
  2.4   the licensed administrator.  Each nursing home must employ an 
  2.5   administrator who must be licensed or permitted as a nursing 
  2.6   home administrator by the board of examiners for nursing home 
  2.7   administrators.  The administrator must maintain a sufficient 
  2.8   on-site presence in the facility to effectively manage the 
  2.9   facility and ensure that needs of the residents are met.  The 
  2.10  administrator shall establish procedures and delegate authority 
  2.11  for on-site operations in the administrator's absence, but is 
  2.12  ultimately responsible for the management of the facility.  The 
  2.13  name of the administrator and of the person on the premises and 
  2.14  in charge of the facility, if other than the administrator, must 
  2.15  be posted in a conspicuous place in at the main entrance to the 
  2.16  facility at all times.  The commissioner of health shall by rule 
  2.17  promulgate minimum education and experience requirements for 
  2.18  persons-in-charge, and may promulgate rules specifying the times 
  2.19  of day during which a licensed administrator must be on the 
  2.20  nursing home's premises.  In the absence of rules adopted by the 
  2.21  commissioner governing the division of an administrator's time 
  2.22  between two nursing homes, the administrator shall designate and 
  2.23  post the times the administrator will be on site in each home on 
  2.24  a regular basis.  A nursing home may employ as its administrator 
  2.25  the administrator of a hospital licensed pursuant to sections 
  2.26  144.50 to 144.56 if the individual is licensed as a nursing home 
  2.27  administrator pursuant to section 144A.20 and the nursing home 
  2.28  and hospital have a combined total of 150 beds or less and are 
  2.29  located within one mile of each other.  A nonproprietary 
  2.30  retirement home having fewer than 15 licensed nursing home beds 
  2.31  may share the services of a licensed administrator with a 
  2.32  nonproprietary nursing home, having fewer than 150 licensed 
  2.33  nursing home beds, that is located within 25 miles of the 
  2.34  retirement home.  A nursing home which is located in a facility 
  2.35  licensed as a hospital pursuant to sections 144.50 to 144.56, 
  2.36  may employ as its administrator the administrator of the 
  3.1   hospital if the individual meets minimum education and long term 
  3.2   care experience criteria set by rule of the commissioner of 
  3.3   health. 
  3.4      Sec. 2.  [REPEALER.] 
  3.5      Minnesota Statutes, section 144A.04, subdivision 5a, and 
  3.6   Minnesota Rules, part 4658.0055, subpart 2, are repealed.