H.P. 828 - L.D. 1133
Resolve, to Ensure Quality Care to Residents of Nursing Facilities through the Establishment of a Task Force on Minimum Staffing
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, nursing facility residents, family members, consumer advocates and nursing facility employees believe that many nursing facilities are currently understaffed and do not meet the needs of residents; and
Whereas, nursing facilities are serving a frailer population than in previous years and are receiving a higher level of reimbursement for the care provided under Medicaid; and
Whereas, state regulations governing minimum staffing in nursing facilities have not changed in response to the higher levels of care needed by residents; and
Whereas, current minimum staffing levels may create a danger to the health and safety of residents; and
Whereas, minimum staffing levels should be considered, based on information received from residents, family members, consumer advocates and nursing facility employees; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Task force. Resolved: That the Department of Human Services, referred to in this resolve as the "department," shall convene a task force to study the current departmental rules concerning minimum staffing levels required of nursing facilities with the purpose of recommending to the department how those rules might be amended to better meet the needs of residents of nursing facilities; and be it further
Sec. 2. Membership. Resolved: That the Commissioner of Human Services shall name the following members to the task force:
1. The Director of the Division of Licensing and Certification within the Department of Human Services;
2. One case-mix review nurse from the Department of Human Services, Division of Quality Assurance;
3. Two residents of nursing facilities or family members of residents;
4. Two certified nurse assistants with experience in a nursing facility;
5. One director of nursing from a nursing facility;
6. One representative from the long-term care ombudsman program;
7. One representative from the Alzheimer's Association - Maine Chapter;
8. One representative from the Maine Health Care Association; and
9. Such other persons as the commissioner determines to be appropriate; and be it further
Sec. 3. Meetings; chair. Resolved: That the task force shall meet within 60 days following the effective date of this resolve. The task force shall select a chair from among its members; and be it further
Sec. 4. Duties. Resolved: That the task force shall:
1. Review the departmental rules concerning the current minimum staffing levels required of nursing facilities;
2. Consider the appropriateness of increasing the minimum staffing level at nursing facilities;
3. Consider the levels at which nursing facilities should be staffed;
4. Identify and discuss other issues that are relevant to the study; and
5. Make recommendations to change departmental rules concerning minimum staffing levels of nursing facilities, based on the findings of the task force; and be it further
Sec. 5. Staffing. Resolved: That the department shall provide staffing assistance to the task force; and be it further
Sec. 6. Compensation. Resolved: That the members of the task force serve without compensation or reimbursement of any type; and be it further
Sec. 7. Report. Resolved: That the task force shall submit a report concerning the findings and recommendations to the Commissioner of Human Services and to the Joint Standing Committee on Health and Human Services within 90 days after the effective date of this resolve; and be it further
Sec. 8. Departmental rules. Resolved: That the department shall review the proposed rules concerning staffing levels at nursing facilities and shall adopt staffing rules. The rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 22, 1997.
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