HF 3941 Summary

• Changes nursing home staffing requirement from "minimum nursing staff" to "adequate care requirement" effective immediately upon enactment.

• Redefines productive nursing hours to include nurses, nursing assistants, and therapeutic medication aides providing direct hands-on resident care, excluding administrative staff, social workers, and separately reimbursed positions.

• Establishes civil fines beginning April 15, 2023: $250 for first noncompliance occurrence per six-month period, $500 for second and third occurrences, and $1,000 for each occurrence beyond three, with fines used for direct care staff education and training grants.

• Allows nursing facilities to apply for rate increases starting January 1, 2023 to cover compliance costs, with commissioner considering staffing standards, actual productive hours, hourly staff costs, and facility statements on hours needed (not exceeding 20 percent above previous levels).

• Requires nursing homes to prepare monthly reports on productive nursing hours to be posted publicly and provided to staff collective bargaining representatives.