HB886 - Certified nursing facilities; administrative sanctions, facilities subject to minimum standards.

1 Co-Sponsor

Certified nursing facilities; administrative sanctions; facilities subject to minimum standards. Amends the administrative sanctions that may be imposed on certified nursing facilities in relation to compliance with staffing requirements. The bill directs the State Health Commissioner, in determining whether or not to impose sanctions, to make the determination of whether a certified nursing facility was located in a medically underserved area that severely limited the ability of the certified nursing facility to recruit and retain direct care staff. The bill requires nursing facilities subject to a corrective action plan to demonstrate compliance with the corrective action plan on a quarterly basis. Under the bill, in determining whether a corrective action plan is needed, the Commissioner shall consider certain evidence of direct care staff hours, unless the facility has had a change in ownership. The bill changes from three to two the number of corrective action plans after which, if a a certified nursing facility fails to show compliance or improvement, the Commissioner may place the facility on probation. The bill also includes all nursing homes eligible to receive Medicaid reimbursement for residents in the list of facilities subject to minimum standards for (i) construction and maintenance; (ii) operation, staffing, and equipping; and (iii) the qualifications and training of staff. The bill changes the effective date of certain provisions passed in the 2023 Session of the General Assembly relating to staffing requirements for certified nursing facilities from July 1, 2025, to July 1, 2024. Certified nursing facilities; administrative sanctions; facilities subject to minimum standards. Amends the administrative sanctions that may be imposed on certified nursing facilities in relation to compliance with staffing requirements. The bill directs the State Health Commissioner, in determining whether or not to impose sanctions, to make the determination of whether a certified nursing facility was located in a medically underserved area that severely limited the ability of the certified nursing facility to recruit and retain direct care staff. The bill requires nursing facilities subject to a corrective action plan to demonstrate compliance with the corrective action plan on a quarterly basis. Under the bill, in determining whether a corrective action plan is needed, the Commissioner shall consider certain evidence of direct care staff hours, unless the facility has had a change in ownership. The bill changes from three to two the number of corrective action plans after which, if a a certified nursing facility fails to show compliance or improvement, the Commissioner may place the facility on probation. The bill also includes all nursing homes eligible to receive Medicaid reimbursement for residents in the list of facilities subject to minimum standards for (i) construction and maintenance; (ii) operation, staffing, and equipping; and (iii) the qualifications and training of staff. The bill changes the effective date of certain provisions passed in the 2023 Session of the General Assembly relating to staffing requirements for certified nursing facilities from July 1, 2025, to July 1, 2024.