Sponsored by:
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Co-Sponsored by:
Assemblywoman Muoio, Assemblymen Diegnan, Eustace, Benson, Assemblywomen Mosquera, Tucker and Jasey
SYNOPSIS
Establishes minimum certified nurse aide-to-resident ratios in nursing homes.
CURRENT VERSION OF TEXT
As reported by the Assembly Human Services Committee on December 14, 2015, with amendments.
An Act concerning staffing requirements for nursing homes and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other staffing requirements as may be established by law, every nursing home as defined in section 2 of P.L.1976, c.120 (C.30:13-2) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall maintain the following minimum certified 1[nursing assistant-to-resident] nurse aide-to-resident1 ratios:
(1) one certified 1[nursing assistant] nurse aide1 to every 1[six] eight1 residents for the day shift;
(2) one certified 1[nursing assistant] nurse aide1 to every 1[nine] 101 residents for the evening shift; and
(3) one certified 1[nursing assistant] nurse aide1 to every 1[14] 161 residents for the night shift.
b. Upon any expansion of resident census by the nursing home, the nursing home shall be exempt from any increase in certified 1[nursing assistant] nurse aide1 staffing ratios for a period of nine consecutive shifts from the date of the expansion of the resident census.
c. (1) The computation of certified 1[nursing assistant] nurse aide1 minimum staffing ratios shall be carried to the hundredth place.
(2) If the application of the ratios listed in subsection a. of this section results in other than a whole number of certified 1[nursing assistant] nurse aides1 for a shift, the number of required certified 1[nursing assistant] nurse aides1 shall be rounded to the next higher whole number when the resulting ratio, carried to the hundredth place, is fifty-one hundredths or higher.
(3) All computations shall be based on the midnight census for the day in which the shift begins.
d. Nothing in this section shall be construed to affect any minimum staffing requirements for nursing homes as may be required by the Commissioner of Health for staff other than certified 1[nursing assistant] nurse aides1, or to restrict the ability of a nursing home to increase staffing levels, at any time, beyond the established minimum.
2. Pursuant to the
“Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the
Commissioner of Health shall adopt rules and regulations to effectuate the
purposes of this act.
3. This act shall take effect of the first day of the fourth month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.3.3