- April 14, 2022
- Alerts
New Florida Law Changes Nursing Home Staffing Requirements
On Wednesday, April 6, Florida Governor Ron DeSantis signed into law HB 1239, which changes the way nursing homes in Florida are staffed. Under the new law, nursing homes will conduct facility assessments to determine necessary staffing levels, while the amount of mandated daily staffing hours by CNAs has been reduced, and “direct care” provided by certain non-nursing staff can now be included in determining compliance with minimum care mandates.
The new law requires nursing homes to conduct facility assessments to determine the staff needed to provide the necessary type of care for the facility’s current resident population. Factors to be considered in these facility assessments include the types of diseases, conditions and physical and cognitive disabilities. Nursing homes will then determine the level of resident care through the facility assessment in conjunction with a resident’s direct care plan.
Nursing homes in Florida are now required to provide, at minimum, 2.0 hours of daily staffing by CNAs, a reduction from the 2.5 hour requirement under prior law. The requirement of 1 hour of licensed nurse direct care per resident per day remains in place, as well as the minimum of 3.6 hours of direct care per resident per day. However, this 3.6 hours of minimum daily direct care is no longer required to all be provided by licensed nurses or CNAs.
Instead, the remaining .6 hours of minimum direct care may now be met through any “direct care staff,” defined as “persons who, through interpersonal contact with residents or resident care management, provide care and services to allow residents to attain or maintain the highest practicable physical, mental, and psychosocial well-being.” Direct care provided by paid feeding assistants and other direct care nonnursing staff who have successfully completed a qualifying feeding assistant training program may be included in satisfying the .6 hours of additional direct care required. Other categories of disciplines and professions that could satisfy the .6 hours of additional mandated direct care would include; nursing; pharmacy; dietary; therapeutic; dental; podiatry; and mental health. staffing, would include; nursing; pharmacy; dietary; therapeutic; dental; podiatry; and mental health; and feeding assistants.
The moratorium which bars nursing homes from taking on new residents if they are unable to meet staffing requirements remains in place.
The law became effective immediately upon being signed into law by the Governor.
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Should you have any questions implementing the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.
The new law requires nursing homes to conduct facility assessments to determine the staff needed to provide the necessary type of care for the facility’s current resident population. Factors to be considered in these facility assessments include the types of diseases, conditions and physical and cognitive disabilities. Nursing homes will then determine the level of resident care through the facility assessment in conjunction with a resident’s direct care plan.
Nursing homes in Florida are now required to provide, at minimum, 2.0 hours of daily staffing by CNAs, a reduction from the 2.5 hour requirement under prior law. The requirement of 1 hour of licensed nurse direct care per resident per day remains in place, as well as the minimum of 3.6 hours of direct care per resident per day. However, this 3.6 hours of minimum daily direct care is no longer required to all be provided by licensed nurses or CNAs.
Instead, the remaining .6 hours of minimum direct care may now be met through any “direct care staff,” defined as “persons who, through interpersonal contact with residents or resident care management, provide care and services to allow residents to attain or maintain the highest practicable physical, mental, and psychosocial well-being.” Direct care provided by paid feeding assistants and other direct care nonnursing staff who have successfully completed a qualifying feeding assistant training program may be included in satisfying the .6 hours of additional direct care required. Other categories of disciplines and professions that could satisfy the .6 hours of additional mandated direct care would include; nursing; pharmacy; dietary; therapeutic; dental; podiatry; and mental health. staffing, would include; nursing; pharmacy; dietary; therapeutic; dental; podiatry; and mental health; and feeding assistants.
The moratorium which bars nursing homes from taking on new residents if they are unable to meet staffing requirements remains in place.
The law became effective immediately upon being signed into law by the Governor.
* * * * *
Should you have any questions implementing the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.