Purpose

Allows nursing care institution administrators to employ persons age 16 and older to provide direct care to residents.

Background

During the past two years, an informal Long Term Care Task Force convened to discuss and make recommendations relating to long-term care issues. The Task Force, which included four subcommittees (workforce development and retention, funding, insurance and reimbursement, quality of care and regulation and enforcement), met several times. At the final meeting in 1999, the Task Force made numerous recommendations by order of priority.

One issue the Task Force addressed was the need to develop options to support more resources for long term care staffing. Specifically, a need exists for additional direct care providers in nursing care institutions. Various programs exist to incentivize young adults to enter health care and nursing professions, such as training programs in local high schools. However, pursuant to a rule adopted by the Department of Health Services (DHS), personnel that provide direct care to residents must be age 18 or older (R9-10-903). This rule prohibits those young adults who are fully trained from providing limited nursing care services until their eighteenth birthday. The strike everything amendment to H.B. 2626 addresses the shortage of long term care staffing by requiring DHS to allow persons age 16 and older to be employed in direct care positions in nursing care institutions.

The provisions of this strike everything amendment will likely apply only to certified nursing assistants.

Provisions

1. Prohibits DHS from adopting a rule that prevents an administrator of a nursing care institution from employing persons who are age 16 or older and who provide direct care to residents.

2. Provides for a general effective date.

Amendments Adopted by Health Committee

Adopted the strike everything amendment.

Senate Action

HEA 4/3/01 DPA/SE 7-0-1-0

MB/JB/jas