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Ch. 213
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2000 LAWS OF MARYLAND
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(E) (1) THE STAFFING REQUIREMENTS UNDER THIS SECTION ARE
MINIMUM REQUIREMENTS AND MAY NOT BE CONSTRUED TO LIMIT THE ABILITY OF
THE NURSING HOME TO EMPLOY ADDITIONAL STAFF.
(2) FOR A NURSING HOME OR GROUP OF NURSING HOMES, THE
DEPARTMENT MAY INCREASE THE MINIMUM STAFF RATIO TO ADDRESS RESIDENT
ACUITY LEVELS.
(3) THE SECRETARY SHALL ADOPT REGULATIONS FOR THE
IMPLEMENTATION OF STAFFING REQUIREMENTS ABOVE THE MINIMUM LEVELS
REQUIRED BY THIS SECTION.
(F) FOR ANY NURSING HOME WITH A CURRENT MARYLAND LICENSE ON
OCTOBER 1, 2000, THE NURSING HOME MUST PROVIDE CERTIFICATION TO THE
DEPARTMENT THAT THE MINIMUM STAFFING REQUIREMENTS WILL BE MET AS OF
APRIL 1, 2002.
(G) FOR ANY NURSING HOME APPLYING FOR A NEW MARYLAND LICENSE ON
OR AFTER OCTOBER 1, 2000, THE NURSING HOME SHALL PROVIDE CERTIFICATION TO
THE DEPARTMENT THAT THE MINIMUM STAFFING REQUIREMENTS WILL BE MET NO
LATER THAN JANUARY 1, 2001.
19-1411.
(A) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(1) "LICENSED PERSONNEL" MEANS:
(I) A REGISTERED NURSE WHO IS LICENSED TO PRACTICE IN THE
STATE; OR
(II) A PRACTICAL NURSE WHO IS LICENSED TO PRACTICE IN THE
STATE.
(2) "UNLICENSED PERSONNEL" MEANS A CERTIFIED NURSE ASSISTANT,
NURSE AIDE, CERTIFIED MEDICATION AIDE, OR OTHER NURSING HOME EMPLOYEE
REQUIRED TO PROVIDE DIRECT NURSING CARE TO NURSING HOME RESIDENTS.
(B) THE DEPARTMENT SHALL TAKE AFFIRMATIVE ACTION TO IMPROVE
WORKING CONDITIONS AND INCREASE RETENTION OF NURSING HOME DIRECT CARE
PERSONNEL. THIS ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO, MODIFICATION
OF THE DEPARTMENT'S MEDICAID REIMBURSEMENT METHODOLOGY TO PROVIDE
ADDITIONAL MEDICAID FUNDS FOR:
(1) REIMBURSEMENT OF NURSING HOME STAFFING COSTS THAT ARE
INCURRED UNDER § 19-1410 OF THIS SUBTITLE;
(2) THE REIMBURSEMENT OF TRAINING EXPENSES FOR LICENSED
PERSONNEL AND UNLICENSED PERSONNEL; AND
(3) DIRECT REIMBURSEMENT TO NURSING HOMES TO INCREASE THE
HOURLY WAGE OF CERTIFIED NURSING ASSISTANTS TO A MINIMUM OF $2 PER HOUR
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- 1426 -
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