1.1 A bill for an act
1.2 relating to labor; removing expedited rulemaking authority for the Minnesota
1.3 Nursing Home Workforce Standards Board; amending Minnesota Statutes 2024,
1.4 sections 181.213, subdivisions 1, 3; 181.214, subdivision 1; 181.215, subdivision
1.5 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2024, section 181.213, subdivision 1, is amended to read:
1.8 Subdivision 1.Authority to establish minimum nursing home employment
1.9standards.(a) The board must adopt rules establishing minimum nursing home employment
1.10standards that are reasonably necessary and appropriate to protect the health and welfare
1.11of nursing home workers, to ensure that nursing home workers are properly trained about
1.12and fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy
1.13the purposes of sections 181.211 to 181.217. Standards established by the board must include
1.14standards on compensation for nursing home workers, and may include recommendations
1.15under paragraph (c). The board may not adopt standards that are less protective of or
1.16beneficial to nursing home workers as any other applicable statute or rule or any standard
1.17previously established by the board unless there is a determination by the board under
1.18subdivision 2 that existing standards exceed the operating payment rate and external fixed
1.19costs payment rates included in the most recent budget and economic forecast completed
1.20under section 16A.103. In establishing standards under this section, the board must establish
1.21statewide standards, and may adopt standards that apply to specific nursing home occupations.
1.22 (b) The board must adopt rules establishing initial standards for wages for nursing home
1.23workers no later than November 1, 2024. The board may use the authority in section 14.389
1Section 1.
25-02308 as introduced01/16/25 REVISOR SS/EN
SENATE
STATE OF MINNESOTA
S.F. No. 602NINETY-FOURTH SESSION
(SENATE AUTHORS: RASMUSSON)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/27/2025
Referred to Labor 2.1to adopt rules under this paragraph. The board shall consult with the department in the
2.2development of these standards prior to beginning the rule adoption process.
2.3 (c) To the extent that any minimum standards that the board finds are reasonably
2.4necessary and appropriate to protect the health and welfare of nursing home workers fall
2.5within the jurisdiction of chapter 182, the board shall not adopt rules establishing the
2.6standards but shall instead recommend the occupational health and safety standards to the
2.7commissioner. The commissioner shall adopt nursing home health and safety standards
2.8under section 182.655 as recommended by the board, unless the commissioner determines
2.9that the recommended standard is outside the statutory authority of the commissioner,
2.10presents enforceability challenges, is infeasible to implement, or is otherwise unlawful and
2.11issues a written explanation of this determination.
2.12 Sec. 2. Minnesota Statutes 2024, section 181.213, subdivision 3, is amended to read:
2.13 Subd. 3.Review of standards.At least once every two years, the board shall:
2.14 (1) conduct a full review of the adequacy of the minimum nursing home employment
2.15standards previously established by the board; and
2.16 (2) following that review, adopt new rules, amend or repeal existing rules, or make
2.17recommendations to adopt new rules or amend or repeal existing rules for minimum nursing
2.18home employment standards using the expedited rulemaking process in section 14.389, as
2.19appropriate to meet the purposes of sections 181.211 to 181.217.
2.20 Sec. 3. Minnesota Statutes 2024, section 181.214, subdivision 1, is amended to read:
2.21 Subdivision 1.Certification of worker organizations.The board shall certify worker
2.22organizations that it finds are qualified to provide training to nursing home workers according
2.23to this section. The board shall by rule establish certification criteria that a worker
2.24organization must meet in order to be certified and provide a process for renewal of
2.25certification upon the board's review of the worker organization's compliance with this
2.26section. In adopting rules to establish certification criteria under this subdivision, the board
2.27may use the authority in section 14.389. The criteria must ensure that a worker organization,
2.28if certified, is able to provide:
2.29 (1) effective, interactive training on the information required by this section; and
2.30 (2) follow-up written materials and responses to inquiries from nursing home workers
2.31in the languages in which nursing home workers are proficient.
2Sec. 3.
25-02308 as introduced01/16/25 REVISOR SS/EN 3.1 Sec. 4. Minnesota Statutes 2024, section 181.215, subdivision 2, is amended to read:
3.2 Subd. 2.Minimum content and posting requirements.The board must adopt rules
3.3under section 14.389 specifying the minimum content and posting requirements for the
3.4notices required in subdivision 1. The board must make available to nursing home employers
3.5a template or sample notice that satisfies the requirements of this section and rules adopted
3.6under this section.
3Sec. 4.
25-02308 as introduced01/16/25 REVISOR SS/EN