46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO NURSING HOMES; ESTABLISHING A PILOT PROGRAM TO DETERMINE NURSING HOME STAFFING NEEDS; MAKING AN APPROPRIATION.

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

Section 1. NURSING HOMES--ACUITY-BASED STAFFING--PILOT.--

A. The department of health, in cooperation with the department's long-term care quality cabinet acuity-based staffing committee, the state agency on aging and the human services department, shall establish a year-long acuity-based nursing home staffing pilot program to determine appropriate patient-to-staff ratios in nursing homes.

B. The pilot program shall be based on best practices and shall include experience in existing nursing homes licensed by the department of health and owned and operated:

(1) by the state of New Mexico;

(2) by a nonprofit organization; and

(3) by a proprietary organization.

C. The program shall determine appropriate staffing level needs, including all direct-care nursing and personal care staff, based on acute nursing care in a twenty-four hour day and on a per-shift basis. Evaluation criteria shall thoroughly measure utilization of acute care services and shall include quality of care and consumer satisfaction measures.

D. For purposes of this section, "direct-care nursing and personal care staff" means registered nurses, licensed practical nurses, certified nursing assistants and others whose primary responsibilities to are provide direct care to nursing home patients and excludes other nursing home staff members and nurses licensed under Chapter 61, Article 3 NMSA 1978, whose primary responsibilities are to provide administrative rather than direct-care services.

E. The department of health shall present a report detailing results of the pilot program and legislative recommendations to the interim legislative health and human services committee and to the legislative finance committee at their respective July 2004 meetings.

Section 2. APPROPRIATION.--One million five hundred thousand dollars ($1,500,000) is appropriated from the general fund to the department of health for the purpose of establishing a year-long acuity-based nursing home staffing pilot program. This appropriation may be used to match any federal funds available to implement the program. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.