3rd Engrossment - 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 subdivisions 5a, 7a; 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 by1.12this subdivision, a nursing home must have a full time licensed1.13nursing home administrator serving the facility.1.14Notwithstanding sections 144A.18 to 144A.27, in any nursing home1.15of less than 45 beds, the director of nursing services may also1.16serve as the licensed nursing home administrator without being1.17licensed as a nursing home administrator, provided the director1.18of nursing services has passed the state law and rules1.19examination administered by the board of examiners for nursing1.20home administrators and maintains evidence of completion of 201.21hours of continuing education each year on topics pertinent to1.22nursing home administration. Two nursing homes under common1.23ownership or management pursuant to a lease or management1.24contract having a total of 150 beds or less and located within1.2575 miles of each other may share the services of a licensed1.26administrator if the administrator divides the full-time work2.1week between the two facilities in proportion to the number of2.2beds in each facility. Every nursing home shall have a2.3person-in-charge on the premises at all times in the absence of2.4the licensed administrator.(a) 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 nursing home may share the services of a 2.8 licensed administrator. The administrator must maintain a 2.9 sufficient on-site presence in the facility to effectively 2.10 manage the facility in compliance with applicable rules and 2.11 regulations. The administrator must establish procedures and 2.12 delegate authority for on-site operations in the administrator's 2.13 absence, but is ultimately responsible for the management of the 2.14 facility. Each nursing home must have posted at all times the 2.15 name of the administrator and the name of the person in charge 2.16 on the premises in the absence of the licensed administrator. 2.17 (b) Notwithstanding sections 144A.18 to 144A.27, a nursing 2.18 home with a director of nursing serving as an unlicensed nursing 2.19 home administrator as of March 1, 2001, may continue to have a 2.20 director of nursing serve in that capacity, provided the 2.21 director of nursing has passed the state law and rules 2.22 examination administered by the board of examiners for nursing 2.23 home administrators and maintains evidence of completion of 20 2.24 hours of continuing education each year on topics pertinent to 2.25 nursing home administration.The name of the person in charge2.26must be posted in a conspicuous place in the facility. The2.27commissioner of health shall by rule promulgate minimum2.28education and experience requirements for persons-in-charge, and2.29may promulgate rules specifying the times of day during which a2.30licensed administrator must be on the nursing home's premises.2.31In the absence of rules adopted by the commissioner governing2.32the division of an administrator's time between two nursing2.33homes, the administrator shall designate and post the times the2.34administrator will be on site in each home on a regular basis.2.35A nursing home may employ as its administrator the administrator2.36of a hospital licensed pursuant to sections 144.50 to 144.56 if3.1the individual is licensed as a nursing home administrator3.2pursuant to section 144A.20 and the nursing home and hospital3.3have a combined total of 150 beds or less and are located within3.4one mile of each other. A nonproprietary retirement home having3.5fewer than 15 licensed nursing home beds may share the services3.6of a licensed administrator with a nonproprietary nursing home,3.7having fewer than 150 licensed nursing home beds, that is3.8located within 25 miles of the retirement home. A nursing home3.9which is located in a facility licensed as a hospital pursuant3.10to sections 144.50 to 144.56, may employ as its administrator3.11the administrator of the hospital if the individual meets3.12minimum education and long term care experience criteria set by3.13rule of the commissioner of health.3.14 Sec. 2. [REPEALER.] 3.15 Minnesota Statutes, section 144A.04, subdivisions 5a and 3.16 7a, and Minnesota Rules, part 4658.0055, subpart 2, are repealed.