Supplemental Nursing Services Agency Utilized by Health Care Facilities/Agencies

July 2001

Information Bulletin 01-22
NH -69
BC-15
HOSP -32
HC -10
ASC -10
HWS-8
B&L -SS-1

 

Supplemental Nursing Services Agency
Utilized by
Health Care Facilities/Agencies

I. Purpose:

This bulletin provides information on a new law enacted by the 2001 Minnesota Legislature requiring registration with the Minnesota Department of Health (MDH) of Supplemental Nursing Services Agencies (SNSA) effective August 31, 2001 and the responsibility of health care facilities/agencies to comply with the law.

Access the SNSA Registration law: Minnesota Statute 144A.70 to 144A.74 (PDF).

II. Responsibilities and Key Definitions:

SNSAs will be responsible for providing, health care facilities proof of SNSA registration prior to the agency providing temporary nurses, nursing assistants, nurse aides or orderlies. An SNSA located outside Minnesota, who provides supplemental nursing services to health care facilities in Minnesota must also meet these requirements.

Health Care Facilities/Agencies in Minnesota should verify that the SNSA is registered with MDH. If you become aware that an agency offering or providing supplemental services is not registered as an SNSA by the MDH, please contact MDH at the telephone or E-mail address listed at the end of this bulletin.

"Health care facility" means a hospital, boarding care home, or outpatient surgical center licensed under sections 144.50 to 144.58; a nursing home or home care agency licensed under this chapter; a housing with services establishment registered under chapter 144D; or a board and lodging establishment registered to provide supportive or health supervision services under section 157.17.

"Supplemental Nursing Services Agency" means a person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for nurses, nursing assistants, nurse aides, and orderlies. Supplemental nursing services agency does not include an individual who only engages in providing the individual's services on a temporary basis to health care facilities. Supplemental nursing services agency also does not include any nursing service agency that is limited to providing temporary nursing personnel solely to one or more health care facilities owned or operated by the same person, firm, corporation, or partnership.

Registration: A person who operates a supplemental nursing services agency shall register the agency with the commissioner. Each separate location of business of a supplemental nursing services agency shall register the agency with the commissioner. Each separate location of the business of a supplemental nursing services agency shall have a separate registration.

III. Key provisions of the law:

  1. The SNSA must submit background studies on controlling persons (owners, managers) and all employees who will be sent to health care facilities licensed by the Minnesota Department of Health and maintain documentation to show compliance.

  2. The SNSA must maintain in the agency's files documentation showing that each employee meets the minimum licensing, training and continuing education requirements for their position.

  3. The SNSA must comply with health requirements for employees, such as TB testing.

  4. The SNSA must supply, at the request of the facility, 30 percent of the total personnel hours during the night, holiday, and weekend shifts.

  5. The SNSA must carry medical malpractice insurance for incidents related to death or injury as a result of negligence or malpractice caused by supplemental agency staff. Workers' compensation insurance coverage is required.

  6. The SNSA is prohibited from having policies that restrict employment opportunities for SNSA's employees or require the payment of liquidated damages, employment fees or other compensation if the employee is hired as a permanent employee of the health care facility.

  7. The SNSA is prohibited from charging or receiving payments from nursing homes more than 150% of the average wage for an employee classification. Average wage is determined by the Commissioner of Human Services. The charge of not more than 150% of the average wage for the classification shall include all charges and the SNSA must not charge any additional fees.

    (The average wage for each nursing home geographic group is attached to this bulletin.)

MDH will:

  1. Establish a system for investigating complaints against supplemental nursing services agencies.

  2. Impose a fine on the SNSA equal to 200 percent of the amount billed or received in excess of the maximum permitted under the provisions of the law and shall subject the SNSA to revocation or nonrenewal of its registration for a "pattern of failure" to comply with the requirements of the law.

  3. Submit an annual report to the Minnesota legislature on the use of supplemental nursing services, including the number of hours worked by SNSA personnel and payments to the SNSA.

  4. Maintain a listing of currently registered SNSAs at the following website: Directory of Registered Supplemental Nursing Services Agencies (SNSA's)

IV. Questions:

For further information about Supplemental Nursing Services Agencies registration or to verify if an agency is registered, please phone, (651) 201-4101 or you may send an E-mail to: tempool@health.state.mn.us

If you have any questions regarding this Information Bulletin, please contact in writing:

Minnesota Department of Health
Health Regulation Division
Licensing and Certification Program
85 East Seventh Place, Suite 300
PO Box 64900, St. Paul, MN 55164-0900
Telephone: (651) 201-4101

 

Weighted Average1 Wage Rates in Minnesota Nursing Facilities

[Revised 8-17-01]
Sorted by Rule 50 Geographic Groups
Based on Data from Reporting Year Ending 9/30/00

 

Weighted Average Wage Rates

Geographic Group
Employee Class
Group One
(83 facilities)
Group Two
(175 facilities)
Group Three
(163 facilities)
Registered Nurse $19.89 $20.36 $22.71
LPN $14.13 $14.55 $17.37
Nursing Aides
CNA)
$10.02 $11.11 $12.41
 

Allowable Maximum Supplemental Nursing Service Charge (150%)

Geographic Group
Employee Class
Group One
(83 facilities)
Group Two
(175 facilities)
Group Three
(163 facilities)
Registered Nurse $29.84 $30.54 $34.07
LPN $21.20 $21.83 $26.06
Nursing Aides
CNA)
$15.03 $16.67 $18.62
 

Group One is the rural group consisting of Beltrami, Big Stone, Cass, Chippewa, Clearwater, Cottonwood, Crow Wing, Hubbard, Jackson, Kandiyohi, Lac Qui Parle, Lake of the Woods, Lincoln, Lyon, Mahnomen, Meeker, Morrison, Murray, Nobles, Pipestone, Redwood, Renville, Rock, Swift, Todd, Yellow Medicine, and Wadena counties.

Group Two is the semi-rural group consisting of Becker, Benton, Blue Earth, Brown, Chisago, Clay, Dodge, Douglas, Faribault, Fillmore, Freeborn, Goodhue, Grant, Houston, Isanti, Kanabec, Kittson, LeSueur, McLeod, Marshall, Martin, Mille Lacs, Mower, Nicollet, Norman, Olmsted, Otter Tail, Pennington, Pine, Polk, Pope, Red Lake, Rice, Roseau, Sherburne, Sibley, Stearns, Steele, Stevens, Traverse, Wabasha, Waseca, Watonwan, Wilkin, Winona, and Wright counties.

Group Three is the metro group consisting of Aitkin, Anoka, Carlton, Carver, Cook, Dakota, Hennepin, Itasca, Koochiching, Lake, Ramsey, Saint Louis, Scott, and Washington counties.

_______________________

        1Weighted by the number of employees in each job classification.

 

Thursday, February 05, 2015 at 03:59PM