HF 2250

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/12/2025 11:39 a.m.

A bill for an act
relating to labor; removing expedited rulemaking authority for the Minnesota
Nursing Home Workforce Standards Board; amending Minnesota Statutes 2024,
sections 181.213, subdivisions 1, 3; 181.214, subdivision 1; 181.215, subdivision
2.

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

Section 1.

Minnesota Statutes 2024, section 181.213, subdivision 1, is amended to read:

Subdivision 1.

Authority to establish minimum nursing home employment
standards.

(a) The board must adopt rules establishing minimum nursing home employment
standards that are reasonably necessary and appropriate to protect the health and welfare
of nursing home workers, to ensure that nursing home workers are properly trained about
and fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy
the purposes of sections 181.211 to 181.217. Standards established by the board must include
standards on compensation for nursing home workers, and may include recommendations
under paragraph (c). The board may not adopt standards that are less protective of or
beneficial to nursing home workers as any other applicable statute or rule or any standard
previously established by the board unless there is a determination by the board under
subdivision 2 that existing standards exceed the operating payment rate and external fixed
costs payment rates included in the most recent budget and economic forecast completed
under section 16A.103. In establishing standards under this section, the board must establish
statewide standards, and may adopt standards that apply to specific nursing home occupations.

(b) The board must adopt rules establishing initial standards for wages for nursing home
workers no later than November 1, 2024. deleted text begin The board may use the authority in section 14.389
to adopt rules under this paragraph. deleted text end The board shall consult with the department in the
development of these standards prior to beginning the rule adoption process.

(c) To the extent that any minimum standards that the board finds are reasonably
necessary and appropriate to protect the health and welfare of nursing home workers fall
within the jurisdiction of chapter 182, the board shall not adopt rules establishing the
standards but shall instead recommend the occupational health and safety standards to the
commissioner. The commissioner shall adopt nursing home health and safety standards
under section 182.655 as recommended by the board, unless the commissioner determines
that the recommended standard is outside the statutory authority of the commissioner,
presents enforceability challenges, is infeasible to implement, or is otherwise unlawful and
issues a written explanation of this determination.

Sec. 2.

Minnesota Statutes 2024, section 181.213, subdivision 3, is amended to read:

Subd. 3.

Review of standards.

At least once every two years, the board shall:

(1) conduct a full review of the adequacy of the minimum nursing home employment
standards previously established by the board; and

(2) following that review, adopt new rules, amend or repeal existing rules, or make
recommendations to adopt new rules or amend or repeal existing rules for minimum nursing
home employment standards deleted text begin using the expedited rulemaking process in section 14.389, deleted text end as
appropriate to meet the purposes of sections 181.211 to 181.217.

Sec. 3.

Minnesota Statutes 2024, section 181.214, subdivision 1, is amended to read:

Subdivision 1.

Certification of worker organizations.

The board shall certify worker
organizations that it finds are qualified to provide training to nursing home workers according
to this section. The board shall by rule establish certification criteria that a worker
organization must meet in order to be certified and provide a process for renewal of
certification upon the board's review of the worker organization's compliance with this
section. deleted text begin In adopting rules to establish certification criteria under this subdivision, the board
may use the authority in section 14.389. deleted text end The criteria must ensure that a worker organization,
if certified, is able to provide:

(1) effective, interactive training on the information required by this section; and

(2) follow-up written materials and responses to inquiries from nursing home workers
in the languages in which nursing home workers are proficient.

Sec. 4.

Minnesota Statutes 2024, section 181.215, subdivision 2, is amended to read:

Subd. 2.

Minimum content and posting requirements.

The board must adopt rules
deleted text begin under section 14.389 deleted text end specifying the minimum content and posting requirements for the
notices required in subdivision 1. The board must make available to nursing home employers
a template or sample notice that satisfies the requirements of this section and rules adopted
under this section.