HF 2665

as introduced - 87th Legislature (2011 - 2012) Posted on 03/05/2012 01:48pm

A bill for an act
relating to health; requiring reports on nursing personnel staffing; amending
Minnesota Statutes 2010, section 144A.04, subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 144A.04, subdivision 7, is amended to
read:

Subd. 7.

Minimum nursing staff requirement.

deleted text begin Notwithstanding the provisions of
Minnesota Rules, part 4655.5600, deleted text end The minimum staffing standard for nursing personnel
in certified nursing homes is as follows:

(a) The minimum number of hours of nursing personnel to be provided in a
nursing home is deleted text begin the greater of two deleted text end new text begin four new text end hours per resident per 24 hours deleted text begin or 0.95 hours per
standardized resident day. Upon transition to the 34 group, RUG-III resident classification
system, the 0.95 hours per standardized resident day shall no longer apply deleted text end .

(b) For purposes of this subdivision, "hours of nursing personnel" means the paid,
on-duty, productive nursing hours of all nurses and nursing assistants new text begin providing direct
hands-on patient care new text end , calculated on the basis of any given 24-hour period. "Productive
nursing hours" means all on-duty hours during which nurses and nursing assistants are
engaged in nursing duties. Examples of nursing duties may be found in Minnesota
Rules, deleted text begin parts 4655.5900, 4655.6100, and deleted text end new text begin part new text end 4655.6400. Not included are vacations,
holidays, sick leave, in-service classroom training, or lunches. Also not included are the
nonproductive nursing hours of the in-service training director. In homes with more than
60 licensed beds, the hours of the director of nursing are excluded. "Standardized resident
day" means the sum of the number of residents in each case mix class multiplied by the
case mix weight for that resident class, as found in Minnesota Rules, part 9549.0059,
subpart 2, calculated on the basis of a facility's census for any given day. For the purpose
of determining a facility's census, the commissioner of health shall exclude the resident
days claimed by the facility for resident therapeutic leave or bed hold days.

(c) Calculation of nursing hours per standardized resident day is performed by
dividing total hours of nursing personnel for a given period by the total of standardized
resident days for that same period. new text begin Certified nursing homes shall prepare annual reports
showing the nursing home's calculation of nursing personnel staffing and compliance with
the minimum staffing standards in this subdivision.
new text end

new text begin (d) The annual reports required in paragraph (c) must be filed with the Department
of Health. The filed reports are public documents and must be posted in a prominent
location at each nursing home site for review by patients, visitors, and staff. Copies must
also be provided to pertinent collective bargaining representatives of nursing home staff
upon request.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A nursing home that is issued a notice of noncompliance under section
144A.10, subdivision 5, for a violation of this subdivision, shall be assessed a civil fine of
$300 for each day of noncompliance, subject to section 144A.10, subdivisions 7 and 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end