Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 17-H.F.No. 454 
                  An act relating to health; modifying requirements for 
                  nursing home administrators; amending Minnesota 
                  Statutes 1998, section 144A.04, subdivisions 5 and 7a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 144A.04, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ADMINISTRATORS.] Except as otherwise provided by 
        this subdivision, a nursing home must have a full time licensed 
        nursing home administrator serving the 
        facility.  Notwithstanding sections 144A.18 to 144A.27, in any 
        nursing home of less than 31 32 beds, the director of nursing 
        services may also serve as the licensed nursing home 
        administrator without being licensed as a nursing home 
        administrator, provided the director of nursing services has 
        passed the state law and rules examination administered by the 
        board of examiners for nursing home administrators and maintains 
        evidence of completion of 20 hours of continuing education each 
        year on topics pertinent to nursing home administration.  Two 
        nursing homes under common ownership or management pursuant to a 
        lease or management contract having a total of 150 beds or less 
        and located within 75 miles of each other may share the services 
        of a licensed administrator if the administrator divides the 
        full-time work week between the two facilities in proportion to 
        the number of beds in each facility.  Every nursing home shall 
        have a person-in-charge on the premises at all times in the 
        absence of the licensed administrator.  The name of the person 
        in charge must be posted in a conspicuous place in the 
        facility.  The commissioner of health shall by rule promulgate 
        minimum education and experience requirements for 
        persons-in-charge, and may promulgate rules specifying the times 
        of day during which a licensed administrator must be on the 
        nursing home's premises.  In the absence of rules adopted by the 
        commissioner governing the division of an administrator's time 
        between two nursing homes, the administrator shall designate and 
        post the times the administrator will be on site in each home on 
        a regular basis.  A nursing home may employ as its administrator 
        the administrator of a hospital licensed pursuant to sections 
        144.50 to 144.56 if the individual is licensed as a nursing home 
        administrator pursuant to section 144A.20 and the nursing home 
        and hospital have a combined total of 150 beds or less and are 
        located within one mile of each other.  A nonproprietary 
        retirement home having fewer than 15 licensed nursing home beds 
        may share the services of a licensed administrator with a 
        nonproprietary nursing home, having fewer than 150 licensed 
        nursing home beds, that is located within 25 miles of the 
        retirement home.  A nursing home which is located in a facility 
        licensed as a hospital pursuant to sections 144.50 to 144.56, 
        may employ as its administrator the administrator of the 
        hospital if the individual meets minimum education and long term 
        care experience criteria set by rule of the commissioner of 
        health. 
           Sec. 2.  Minnesota Statutes 1998, section 144A.04, 
        subdivision 7a, is amended to read: 
           Subd. 7a.  [DIRECTOR OF NURSING SERVICES.] Except as 
        otherwise provided by this subdivision and subdivision 5, a 
        nursing home must have a full-time director of nursing services 
        who is assigned full time to the nursing services of the nursing 
        home.  For nursing homes with less than 32 beds, the director of 
        nursing services may also serve as the licensed nursing home 
        administrator without being licensed by the board of examiners 
        for nursing home administrators under sections 144A.19 to 
        144A.27.  For purposes of this requirement, "full time" means 
        working at least 35 hours per week.  The director of nursing 
        services of a nursing home may also serve as the director of 
        nursing services of a physically attached hospital if:  
           (1) the hospital has an average daily census of ten 
        patients or less in the most recent reporting year for which 
        data is available; 
           (2) the total combined beds of the hospital and nursing 
        home do not exceed 100; and 
           (3) the management of the two facilities is under the 
        control and direction of the same governing body. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor March 16, 1999 
           Signed by the governor March 18, 1999, 1:48 p.m.