HB 1585

HB 1585 - AS INTRODUCED

AN ACT relative to staffing ratios in long term care facilities in the state.

SPONSORS: Rep. Garrish, Hills 37

This bill requires the establishment of adequate long-term care facility staffing ratios by the commissioner of health and human services, disclosure of such ratios and compliance data for interested persons at such facilities, and penalties for failure to adhere to them.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to staffing ratios in long term care facilities in the state.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Long-Term Care Facility Staffing Ratios. Amend RSA 151 by inserting after section 30 the following new subdivision:

I. Any long-term care facility governed by this chapter shall post for each floor, unit, and shift, the current number of nursing staff directly responsible for resident care, and the current ratios of resident to staff, showing separately the number of residents in relation to licensed nursing staff, unlicensed nursing staff, activities staff, and nutrition and dietetics staff. This information shall be posted in a manner which is visible and accessible to all residents, their families, care givers, and potential consumers in each facility.

II. Required staffing levels shall be adjusted based on the level of care required by a facility's resident population. In any event, staffing ratios shall be, at a minimum, as follows:

(a) One certified nursing assistant (CNA) to every 15 residents for day shift staffing.

(d) One licensed nurse (R.N. or L.P.N.) to every 15 residents for day shift staffing.

(g) One full-time activities director for facilities with 30 beds or more or one part-time activities director for facilities with fewer than 30 beds.

(h) One food service manager with a bachelor's or associate degree in food service management or a related field, or a registered dietetic technician, or certified dietary manager.

(i) One registered dietician or a certified dietician/nutritionist on a full-time, part-time, or consultant basis.

III. For the purposes of this subdivision, a day shift is defined as being 8 hours in length, commencing between 6:00 a.m. and 8:00 a.m.; an afternoon shift is defined as being 8 hours in length, commencing between 2:00 p.m. and 4:00 p.m.; and a night shift is defined as being 8 hours in length, commencing between 10:00 p.m. and midnight.

IV. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to minimum staffing standards.

I. The commissioner shall impose civil penalties consisting of fines upon any facility that fails to meet staffing requirements set forth by adopted rules. The fine shall be imposed for each day on which the failure occurs. The amount of the fine assessed shall be determined as follows:

(a) For deficiencies in staffing which constitute immediate jeopardy to resident health or safety and for repeated deficiencies where a prior fine has been imposed, the fine shall be not less than $3,000 and not more than $10,000 per day.

(b) For deficiencies in staffing which do not constitute immediate jeopardy to resident health or safety the fine shall be not less than $50 and not more than $3,000 per day.

II. In any actions brought by or on behalf of a resident of the facility for intentional or negligent infliction of harm or lack of adequate care, failure to meet the staffing standards established by the commissioner at the time of the incident shall constitute evidence of contributory causation where any injury was sustained by a resident.