March, 2003

Information Bulletin 03-5
NH-86

Posting Requirements:
Direct Care Nursing Home Staffing

Background

In December 2002, Tom Scully, Administrator of the Centers for Medicare and Medicaid Services (CMS), sent a letter to all nursing homes in response to requests for guidance on complying with the federal nursing home staffing provision and notifying facilities of implementation January 1, 2003.

Purpose:

The purpose of this Information Bulletin is to reinforce that all federally certified skilled nursing facilities and nursing facilities under Section 941 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) must post daily for each shift the number of licensed and unlicensed nursing staff directly responsible for resident care in the facility.

The CMS notice is available at: http://cms.hhs.gov/medicaid/survey-cert/sc0311.pdf

Enforcement

CMS directed Minnesota Department of Health surveyors to verify that the nursing staffing information is posted. This will be done for all certified nursing home surveys performed on or after January 1, 2003. Nursing homes that do not post statutorily mandated staffing data can be cited as noncompliant with Federal requirements. Failure to post direct care staff hours will be cited under Federal tag F492 (b), Compliance with Federal, State and local laws and professional standards under 42 CFR 483.75, (Administration).

Effective Date: January 1, 2003

Please Note: At the time of this mailing the above web address is correct. However, CMS web site addresses are subject to change. As MDH becomes aware of these changes we will update the CMS address on this bulletin.

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

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

Tuesday, November 16, 2010 at 12:25PM