44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HEALTH; PROVIDING FOR NURSING STAFF LEVELS AT NURSING FACILITIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. NURSING FACILITIES--NURSING STAFF LEVELS.--

A. Nursing facilities licensed pursuant to the provisions of Section 24-1-5 NMSA 1978 shall employ nursing staff sufficient to meet the care needs of the residents at all times.

B. By December 31, 1999, the department of health shall adopt rules to establish requirements for minimum nursing staff in nursing facilities and for publicly posting the number of nursing staff on duty. Prior to proposing those rules, the department of health shall cooperate with and receive recommendations from the human services department, the state agency on aging, consumers, providers and advocates regarding the fiscal and service criteria applicable to the rules. Consideration shall be given to altering the state's reimbursement rates contingent upon the residents'

required level of care and nursing staff levels. The effective date of the rules shall be July 1, 2000.