Personnel Records Regulations for Nursing Homes

Nursing Home Employee Personnel Records
Nursing Home Employee Personnel Records

Minnesota Nursing Home Personnel Records

Pursuant to Minnesota Administrative Rule 4658.0130 EMPLOYEES’ PERSONNEL RECORDS, a current personnel record must be maintained for each employee and be stored in a confidential manner. The personnel records for at least the most recent three-year period must be maintained by the nursing home. The records must be available to representatives of the department and must contain:

A. the person’s name, address, telephone number, gender, Minnesota license, certification, or registration number, if applicable, and similar identifying data;

B. a list of the individual’s training, experience, and previous employment;

C. the date of employment, type of position currently held, hours of work, and attendance records; and

D. the date of resignation or discharge.
Employee health information, including the record of all accidents and those illnesses reportable under part 4605.7040, must be maintained and stored in a separate employee medical record.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about Minnesota nursing home personnel records requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

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Nursing Home Personnel and Employee Regulations

Minnesota Nursing Home Rules for Personnel and Employee Compliance
Minnesota Nursing Home Rules for Personnel and Employee Compliance

Employee Rules for Minnesota Nursing Home Staff

Pursuant to Minnesota Administrative Rule 4658.0120 EMPLOYEE POLICIES, Subpart 1. Keys. The person in charge of a nursing home on each work shift must have the ability to open all doors and locks in the nursing home except the business office.

Subp. 2. Requirements for staff. A nursing home must have at least one responsible person awake, dressed, and on duty at all times. The person must be at least 21 years of age and capable of performing the required duties of evacuating the residents.

Subp. 3. Identification of staff. Each employee and volunteer must wear a badge which includes name and position.

Additional Employee and Personnel Rules

According Minnesota Administrative Rule 4658.0125 PERSONAL BELONGINGS, employee and personnel must not keep personal belongings in the food service or resident areas. Provision must be made elsewhere for storage.

According to Medicare.gov, staffing chart, when comparing staffing levels of different nursing homes. Some nursing homes care for residents with greater care needs, like those who have just had an injury, surgery, or a serious illness.

These nursing homes generally have more staff and more staffing hours. Nurse staffing levels are just one part of staffing. The actual skill and turnover of the staff are also important, and aren’t represented in these numbers. Other types of nursing home staff like clerical, administrative, or housekeeping staff aren’t included in these staffing numbers.

For more information about nursing home employee and personnel requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

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Minnesota Nursing Home Work Period Nursing Home Regulations

Nursing Home Work Period Requirements
Nursing Home Work Period Requirements

Minnesota Nursing Home Work Period Requirements

Pursuant to Minnesota 4658.0115 WORK PERIOD, a nursing home must not schedule a person to duty for more than one consecutive work period except in a documented emergency. For purposes of this chapter, a documented emergency means situations where replacement staff are not able to report to duty for the next shift due to adverse weather conditions, natural disasters, illness, strike, or other documented situations where normally scheduled staff are no longer available. For purposes of this chapter, a normal work period must not exceed 12 hours. For purposes of this chapter, documentation of an emergency means a written record of the emergency. Documentation on the work schedule is one method of providing written record of the emergency.

Minnesota law does not define employees as full or part time, rather Minnesota Rules 5200.0170 defines a workweek. A workweek is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
For the purpose of overtime calculation Minnesota Statutes 177.25 states hours worked in excess of 48 hours in a workweek must be paid at one-and-one-half times the regular rate of pay.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home staff work period requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Incident Reporting Regulations in Minnesota Nursing Homes

Nursing Homes Have Mandated Incident and Accident Reporting Policies
Nursing Homes Have Mandated Incident and Accident Reporting Policies

Minnesota Nursing Homes Incident and Accident Reporting Requirements

Pursuant to Minnesota Administrative Rule 4658.0110 INCIDENT AND ACCIDENT REPORTING, all persons providing services in a nursing home must report any accident or injury to a resident, and the nursing home must immediately complete a detailed incident report of the accident or injury and the action taken after learning of the accident or injury.

There is a Need for Incident Reporting

The state incident and accident reporting regulation is very important as it is the main reason many types of elder abuse and neglect are noticed and eventually addressed by the administrative system and often as well as by criminal and civil legal actions.  The reporting protects the vulnerable adult and can also protect the interests of concerned staff members required to act on behalf of injury to residents without fear of retaliation under the law.   The facility reviews these reports for ways to make the facilities safer and better and the state has documentation of areas to review in surveys and other inspections.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home licensing requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.

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Competency Requirements for Nursing Home Staff

Nursing Homes Must Demonstrate Competency in Skills and Techniques
Nursing Homes Must Demonstrate Competency in Skills and Techniques

Nursing Homes Must Demonstrate Competency in Skills and Techniques

Pursuant to Minnesota Administrative Rule 4658.0105, a nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.

Additional Federal Competency Regulations

Pursuant to federal regulations including 42 CFR § 483.151, state review and approval of nurse aide training and evaluation programs.

(a) State review and administration. (1) The State—

(i) Must specify any nurse aide training and evaluation programs that the State approves as meeting the requirements of §483.152 and/or competency evaluations programs that the State approves as meeting the requirements of §483.154; and

(ii) May choose to offer a nurse aide training and competency evaluation program that meets the requirements of §483.152 and/or a competency evaluation program that meets the requirements of §483.154.

(2) If the State does not choose to offer a nurse aide training and competency evaluation program or competency evaluation program, the State must review and approve or disapprove nurse aide training and competency evaluation programs and nurse aide competency evaluation programs upon request.

(3) The State survey agency must in the course of all surveys, determine whether the nurse aide training and competency evaluation requirements of §§483.35(c) and (d) and 483.95(g) are met.

The nursing home staff needs to be also trained on Survey protocols and Interpretive Guidelines are established to provide guidance to personnel conducting surveys.  They serve to clarify and/or explain the intent of the regulations and all surveyors are required to use them in assessing compliance with Federal requirements. The purpose of the protocols and guidelines is to direct the surveyor’s attention to certain avenues for investigation in preparation for the survey, in conducting the survey, and in evaluation of the survey findings.

The nursing home survey is conducted in accordance with the appropriate protocols (Appendix P) and substantive requirements in the statute and regulations to determine whether a citation of non-compliance is appropriate.

Deficiencies are based on a violation of the statute or regulations, which, in turn, is to be based on observations of the nursing home’s performance or practices.

The Interpretive Guidelines (Appendix P and PP) include three parts:

The first part contains the survey tag number.

The second part contains the wording of the regulation.

The third part contains guidance to surveyors, including additional survey procedures and probes.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home skills and techniques requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@ MNnursinghomeneglect.com.

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