HF 2099

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 11:21am

A bill for an act
relating to health; modifying qualification requirements for nursing assistants and
resident attendants; authorizing basic care aides to perform certain functions in
nursing homes and boarding care homes; requiring the commissioner of health to
seek federal waivers; amending Minnesota Statutes 2020, section 144A.62,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 144A.

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

Section 1.

Minnesota Statutes 2020, section 144A.62, subdivision 3, is amended to read:

Subd. 3.

Requirements.

(a) A nursing home may not use on a full-time or other paid
basis any individual as a resident attendant in the nursing home unless the individual:

(1) has completed a training and competency evaluation program new text begin that provides at least
one hour of training new text end encompassing the tasks the individual provides;

(2) is competent to provide feeding and hydration services; and

(3) is under the supervision of the director of nursing.

(b) A nursing home may not use a current employee as a resident attendant unless the
employee satisfies the requirements of paragraph (a) and volunteers to be used in that
capacity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of health shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2.

new text begin [144A.63] BASIC CARE AIDE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "basic care aide" means an
individual employed by a nursing home or boarding care home who is authorized to assist
residents with personal care, provide support services in infection prevention and control
and emergency preparedness, and perform other support tasks for residents.
new text end

new text begin Subd. 2. new text end

new text begin Basic care aides authorized. new text end

new text begin (a) Upon federal approval, a nursing home or
boarding care home may employ a basic care aide to:
new text end

new text begin (1) assist residents with personal care, including oral care, bathroom assistance, dressing,
and grooming;
new text end

new text begin (2) provide mobility and positioning assistance;
new text end

new text begin (3) provide nutrition and hydration;
new text end

new text begin (4) take temperatures; and
new text end

new text begin (5) provide infection prevention and control and emergency preparedness support services.
new text end

new text begin (b) A basic care aide must be supervised by the facility's director of nursing.
new text end

new text begin Subd. 3. new text end

new text begin Training; competency evaluation. new text end

new text begin In order to be employed as a basic care
aide under this section, an individual must complete a nine-hour training course encompassing
the tasks the individual will perform. The training course may be facility-based and may
be an in-person course or an online course. Following completion of the training course,
the facility employing the individual may conduct a competency evaluation of the tasks the
individual will perform.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of health shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 3. new text begin COMPLIANCE WITH NURSING ASSISTANT TRAINING, COMPETENCY
EVALUATION, AND REGISTRY REQUIREMENTS; EXTENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Nursing assistant" has the meaning given in Minnesota Statutes, section 144A.61,
subdivision 2.
new text end

new text begin (c) "Waiver of nursing assistant training and competency requirements" means the federal
1135 waiver issued by the Centers for Medicare and Medicaid Services waiving the
requirements of Code of Federal Regulations, title 42, sections 483(d)(1)(ii) and (d)(2)-(7),
during the COVID-19 pandemic.
new text end

new text begin Subd. 2. new text end

new text begin Extension. new text end

new text begin Notwithstanding Minnesota Statutes, section 144A.61, an individual
who is employed as a nursing assistant while the waiver of nursing assistant training and
competency requirements is in effect, and who does not meet one or more of the requirements
in Minnesota Statutes, section 144A.61, to work as a nursing assistant, may continue to
work as a nursing assistant for up to ..... months following the expiration of this waiver
while the individual:
new text end

new text begin (1) completes an approved nursing assistant training program and competency evaluation,
or completes a nursing assistant competency evaluation; and
new text end

new text begin (2) registers with the nursing assistant registry.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of health shall notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 4. new text begin FEDERAL WAIVERS OR APPROVALS.
new text end

new text begin The commissioner of health shall seek all federal waivers or approvals necessary to
implement sections 1 to 3.
new text end

new text begin EFFECTIVE DATE. new text end

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