Bill Details - SB255 (2019)

SB 255-FN - AS AMENDED BY THE SENATE

 

03/14/2019   0872s

2019 SESSION

19-0874

01/03

 

SENATE BILL 255-FN

 

AN ACT relative to dementia training for direct care staff in residential facilities and community-based settings.

 

SPONSORS: Sen. Feltes, Dist 15; Sen. Bradley, Dist 3; Rep. Cushing, Rock. 21; Rep. Long, Hills. 10; Rep. M. Murray, Hills. 22

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill requires dementia training for direct care staff in residential facilities and community-based settings.  The bill grants rulemaking authority to the commissioner for the purposes of the bill.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019   0872s 19-0874

01/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to dementia training for direct care staff in residential facilities and community-based settings.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statement of Purpose.  The purpose of this act is to set minimum training requirements for staff members working in facilities or programs regulated by the health facilities administration, department of health and human services which include persons with Alzheimer’s disease or other dementias in the populations they serve.  Under this act, the dementia-specific training curriculum shall incorporate principles of person-centered dementia care including: thorough knowledge of the person and the person’s abilities and needs; advancement of optimal functioning and a high quality of life; and use of problem-solving approaches to care.  Staff members shall be trained adequately and appropriately to best address the needs of the population of care recipients they serve.  Training shall be culturally competent both for the staff member and the care recipient.

2  New Subdivision; Dementia Training for Direct Care Staff in Residential Facilities and Community-Based Services.  Amend RSA 151 by inserting after section 46 the following new subdivision:

Dementia Training for Direct Care Staff in Residential Facilities

 and Community-Based Services

151:47  Definitions.  In this subdivision:

I.  "Covered administrative staff member” means the senior manager of the facility or program, including administrators, as well as managerial staff members that directly supervise covered direct service staff members.

II.  "Covered direct service staff member” means a staff member whose work involves extensive contact with residents or program participants.  Such staff members include: certified nursing assistants, nurse aides, personal care assistants, home health or personal care aides, licensed practical nurses, licensed vocational nurses, registered nurses, social workers, activity directors, and dietary staff.

III.  "Department" means the department of health and human services.

IV.  "Facilities or programs” means residential facilities or home and community-based programs, serving an adult population, licensed as appropriate under this chapter, that provide supportive services including, but not limited to, skilled care facilities, intermediate care facilities, assisted living facilities, residential care for the elderly, adult day programs, home health, in-home services, or adult family care homes or programs that advertise specialty memory care that have residents or program participants with Alzheimer’s disease or other dementias.

V.  "Other covered staff member” means a staff member who has incidental contact on a recurring basis with residents or program participants, including housekeeping staff, front desk staff, maintenance staff, other administrative staff, and other individuals who have such incidental contact.

VI.  “Staff member” includes full and part-time employees, independent consultants, and staff of contractors and subcontractors.

151:48  Initial and Continuing Training in Dementia Required.  

I.  Facilities and programs shall provide initial training to:

(a)  All covered staff members hired on or after July 1, 2019, who shall complete initial training within 90 days of the commencement of employment.

(b)  All covered staff members who were employed prior to the date under subparagraph (a) and who have not received equivalent training; such training shall be completed within 6 months of that date.

II.  Each facility or program shall establish a system for ongoing onsite support, supervision, and mentoring for its staff with regard to the treatment and care of persons with dementia.

III.  For covered direct service staff members and covered administrative staff members, at a minimum, the curriculum used for the initial training shall cover the following topics:

(a)  Detection and cognitive assessment of Alzheimer's disease and dementia;

(b)  Person-centered care;

(c)  Assessment and care planning;

(d)  Supportive and therapeutic environments;

(e)  Staffing, training, management, and systems for improvement;

(f)  Medical management;

(g)  Ongoing care for behavioral and psychological symptoms of dementia and support activities of daily living;

(h)  Information, education, and support; and

(i)  Transitions and coordination of services.

IV.  For other covered staff members, training shall include, at a minimum, communication issues related to dementia.

V.  Initial dementia training shall be considered complete only after the staff member has taken and passed an evaluation.

151:49  Portability.

I.  The facility or staff shall issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings.  Provided that the covered staff member does not have a lapse of dementia related direct service or administration employment for 24 consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training.

II.  Covered staff members shall be responsible for maintaining records of certificates received.

151:50  Continuing Education.  In addition to initial training, the commissioner shall adopt rules to determine when and how often continuing education on dementia shall be required.  Such continuing education shall include new information on best practices in the treatment and care of persons with dementia.  The department shall require at least a minimum of 6 hours of initial continuing education for covered administrative staff members and covered direct service staff members and shall require at least a minimum of 4 hours of ongoing training each calendar year.  Such continuing education shall include new information on best practices in the treatment and care of persons with dementia.

151:51  Requirements for Trainers; Training Costs.  Persons responsible for conducting in-person dementia trainings shall meet minimum criteria including:  2 years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or other related field; and have completed training equivalent to the requirements provided herein.  Covered staff members shall not be required to bear any of the cost of training or to attend trainings and shall receive their normal compensation when attending required trainings.

151:52  Departmental Oversight.

I.  The department shall exercise oversight of a facility's or program's dementia training program as part of its comprehensive regulatory responsibilities.  Such oversight shall:

(a)  Ensure that the facility or program provides continuing education opportunities.

(b)  Ensure that the facility or program uses designated online training programs or facility-based training that meets the requirements for dementia training in the state.

(c)  Ensure compliance with any other requirements specified in this subdivision.

II.  The department may use all of its enforcement tools to ensure that facilities and programs comply with paragraph I.

3  Applicability.  This act is intended to address gaps in current dementia training requirements for covered staff and improve the quality of training.  If prior-enacted laws or rules contain more rigorous training requirements for some covered staff members, those laws or rules shall apply.  Where there is overlap between these provisions and other laws and rules, the department shall interpret this statute to avoid duplication of requirements while ensuring that the minimum requirements set forth in this act are met.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

19-0874

1/24/19

 

SB 255-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to dementia training for direct care staff in residential facilities and community-based settings.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill inserts a new section after RSA 151:46 which requires any facility or program regulated by the Health Facilities Administration, Department of Heath and Human Services, to implement minimum training requirements for covered staff members relating to Alzheimer's disease or other dementias in the populations served by each facility or program.  The bill requires the Department to identify and designate standardized trainings, establish a process for other training programs, approve trainings or independent evaluation instruments, and determine when and how often continuing education will be required.  The Department is also responsible for overseeing and enforcing the requirements of the bill.

 

The Department states it would either utilize existing resources to implement the program or it would contract services if it determines outside expertise are necessary to implement the program.  The Department did not provide a cost estimate for contracted services.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Executive Departments and Administration; SJ 4
Feb. 6, 2019 Hearing: 02/06/2019, Room 101, LOB, 09:30 am; SC 9
March 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0872s, 03/14/2019; Vote 5-0; CC; SC 13
March 14, 2019 Committee Amendment # 2019-0872s, AA, VV; 03/14/2019; SJ 8
March 14, 2019 Ought to Pass with Amendment 2019-0872s, MA, VV; OT3rdg; 03/14/2019; SJ 8
March 14, 2019 Introduced 03/14/2019 and referred to Health, Human Services and Elderly Affairs

Action Dates

Date Body Type
Feb. 6, 2019 Senate Hearing
March 14, 2019 Senate Floor Vote

Bill Text Revisions

SB255 Revision: 5234 Date: Jan. 25, 2019, 9:29 a.m.
SB255 Revision: 5510 Date: March 14, 2019, 11:01 a.m.