45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO HEALTH; CREATING THE ACUITY-BASED STAFFING ACT; PROVIDING FOR MINIMUM STAFFING REQUIREMENTS IN NURSING HOMES AND INTERMEDIATE CARE FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Acuity-Based Staffing Act".

Section 2. DEFINITIONS.--As used in the Acuity-Based Staffing Act:

A. "acuity-based staffing" means sufficient numbers of direct care personnel working on each staff shift to meet all care needs, including function, health and behavior, of all residents of a nursing facility;

B. "direct care personnel" means registered nurses, licensed practical nurses and certified nursing assistants, as defined in Section 61-3-3 NMSA 1978 and by federal regulations, assigned to direct patient care but excluding registered nurses and licensed practical nurses whose duties include administrative responsibilities; and

C. "nursing facility" means a facility licensed as a nursing home or intermediate care facility pursuant to Section 24-1-5 NMSA 1978.

Section 3. ACUITY-BASED STAFFING REQUIRED.--By October 1, 2002, the department of health shall establish by rule requirements for acuity-based staffing for all nursing facilities. In developing the rules the department shall consult with the state agency on aging, the human services department, consumers, providers and advocates on all aspects of acuity-based staffing. Rules shall include a requirement for the posting of the number of direct care personnel on duty on each shift. No license for the operation of a nursing facility shall be issued or renewed after July 1, 2003 unless the nursing facility is in compliance with department of health rules on acuity-based staffing.