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 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.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 postedin a conspicuous place inat the main entrance to the 2.16 facility at all times.The commissioner of health shall by rule2.17promulgate minimum education and experience requirements for2.18persons-in-charge, and may promulgate rules specifying the times2.19of day during which a licensed administrator must be on the2.20nursing home's premises. In the absence of rules adopted by the2.21commissioner governing the division of an administrator's time2.22between two nursing homes, the administrator shall designate and2.23post the times the administrator will be on site in each home on2.24a regular basis. A nursing home may employ as its administrator2.25the administrator of a hospital licensed pursuant to sections2.26144.50 to 144.56 if the individual is licensed as a nursing home2.27administrator pursuant to section 144A.20 and the nursing home2.28and hospital have a combined total of 150 beds or less and are2.29located within one mile of each other. A nonproprietary2.30retirement home having fewer than 15 licensed nursing home beds2.31may share the services of a licensed administrator with a2.32nonproprietary nursing home, having fewer than 150 licensed2.33nursing home beds, that is located within 25 miles of the2.34retirement home. A nursing home which is located in a facility2.35licensed as a hospital pursuant to sections 144.50 to 144.56,2.36may employ as its administrator the administrator of the3.1hospital if the individual meets minimum education and long term3.2care experience criteria set by rule of the commissioner of3.3health.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.