HB 186 – AS INTRODUCED
HOUSE BILL 186
This bill establishes a committee to study the quality and delivery of nursing care to persons in nursing facilities or receiving home and community-based care.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT establishing a committee to study the quality and delivery of nursing care to persons in nursing facilities or receiving home and community-based care.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The general court recognizes that according to 42 CFR 483.30 (Quality of Life-Nursing Services Criteria in Medicaid Standards of Care), there must be sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident of nursing facilities and of those persons receiving home-based or community-based care. Therefore, it is the intent of this act to review and assess the extent to which the quality and delivery of skilled nursing services to elders who are Medicaid eligible and who receive care in home or community-based facilities or nursing homes, meet the criteria cited in 42 CFR 483.30.
2 Committee Established. There is established a committee to study the quality and delivery of nursing care to persons in nursing facilities or receiving home and community-based care.
3 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three members of the senate, appointed by the president of the senate.
II. The committee shall solicit information from the New Hampshire board of nursing, the commissioner of the department of health and human services, home and community-based care organizations, and any other person or organization the committee deems relevant.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
4 Duties. The committee shall:
I. Establish demographic data on the specific population of elders who meet the eligibility criteria, as well as the types of nursing staff providing care.
II. Determine the distribution of the population who are in home-based care, community-based care, and skilled nursing facilities.
III. Review the training and experience requirements for nursing staff providing direct care to elders and any others responsible for the administration of medication.
IV. Review continuing education requirements for direct care staff (LNA’s, LVA’s, LPN’s, medical technicians) including CEU’s, content, and documentation.
V. Examine the methods and rationale for nursing staff assignments, scheduling, consistency and continuity of care, differentiation of responsibilities, and systems of communication with nursing staff contracted through private agencies.
VI. Identify the appropriate staff/resident ratio especially with elders totally dependent on more than one staff member for care.
VII. Review supervision plans, methods, frequency of monitoring, examples of feedback, and qualifications of supervisors.
VIII. Research information on salaries and benefits for the direct care staff.
5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before October 1, 2006; provided, that the committee shall make an interim report on or before November 1, 2005.
7 Effective Date. This act shall take effect upon its passage.