HF 2983

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; establishing minimum wages 
  1.3             in community nursing facilities equal to the starting 
  1.4             wage at the Minnesota veterans homes; appropriating 
  1.5             money; amending Minnesota Statutes 1998, section 
  1.6             256B.431, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 256B.431, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 29.  [EMPLOYEE MINIMUM WAGES BEGINNING JULY 1, 
  1.11  2000.] (a) For rate years beginning on or after July 1, 2000, 
  1.12  the commissioner shall make available to each nursing facility 
  1.13  reimbursed under this section or section 256B.434 an adjustment 
  1.14  to the total operating payment rate.  The adjustment shall be 
  1.15  sufficient to increase the hourly wages paid to all employees, 
  1.16  except those paid through management fees, the administrator, 
  1.17  and central office staff, to the hourly starting rate paid as of 
  1.18  July 1 of the rate year for the same or similar job 
  1.19  classification at facilities operated by the Minnesota veterans 
  1.20  homes board under chapter 198. 
  1.21     (b) By May 1 of each year, the Minnesota veterans homes 
  1.22  board of directors shall provide to the commissioner data on the 
  1.23  starting wage rate to be in effect on July 1 of that year for 
  1.24  each job classification at the veterans nursing homes, excluding 
  1.25  the administrator and central office staff. 
  1.26     (c) By May 15 of each year, each nursing facility shall 
  2.1   provide to the commissioner any data required by the 
  2.2   commissioner to determine rate adjustments under this 
  2.3   subdivision.  The data shall be provided on a form to be 
  2.4   developed by the commissioner. 
  2.5      (d) For purposes of this subdivision, in any dispute 
  2.6   regarding the appropriate job classification of an employee at a 
  2.7   nursing facility reimbursed under this section or section 
  2.8   256B.434, the commissioner shall make the final determination, 
  2.9   which shall not be subject to administrative review. 
  2.10     (e) A nursing facility may apply for the payment rate 
  2.11  adjustment calculated under this subdivision.  The application 
  2.12  must be made to the commissioner and contain a plan by which the 
  2.13  nursing facility will distribute the payment rate adjustment to 
  2.14  employees of the nursing facility according to paragraph (a).  
  2.15  For nursing facilities in which the employees are represented by 
  2.16  an exclusive bargaining representative, an agreement negotiated 
  2.17  and agreed to by the employer and the exclusive bargaining 
  2.18  representative constitutes the plan.  The commissioner shall 
  2.19  review the plan to ensure that the payment rate adjustment per 
  2.20  diem is used as provided in this subdivision.  To be eligible, a 
  2.21  facility must submit its plan for the compensation distribution 
  2.22  by December 31 each year.  If a facility's plan for compensation 
  2.23  distribution is effective for its employees after July 1 of the 
  2.24  year that the funds are available, the payment rate adjustment 
  2.25  per diem shall be effective the same date as its plan. 
  2.26     (f) A copy of the approved distribution plan must be made 
  2.27  available to all employees.  This must be done by giving each 
  2.28  employee a copy or by posting it in an area of the nursing 
  2.29  facility to which all employees have access.  If an employee 
  2.30  does not receive the wage adjustment described in their 
  2.31  facility's approved plan and is unable to resolve the problem 
  2.32  with the facility's management or through the employee's union 
  2.33  representative, the employee may contact the commissioner at an 
  2.34  address or telephone number provided by the commissioner and 
  2.35  included in the approved plan.  
  2.36     (g) Employees who are paid at or above the minimums 
  3.1   specified in paragraph (a) shall not receive a wage adjustment 
  3.2   under this subdivision. 
  3.3      Sec. 2.  [APPROPRIATION.] 
  3.4      $....... is appropriated from the general fund to the 
  3.5   commissioner of human services for the fiscal year beginning 
  3.6   July 1, 2000, for the purposes of section 1. 
  3.7      Sec. 3.  [EFFECTIVE DATE.] 
  3.8      Section 1 is effective the day following final enactment.