§ 71-6018.01 — Nursing facility; nursing requirements; waiver; procedure

Nebraska § 71-6018.01

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(1)
Unless a waiver is granted pursuant to subsection (2) of this section, a nursing
facility shall use the services of (a) a licensed registered nurse for at
least eight consecutive hours per day, seven days per week and (b) a licensed
registered nurse or licensed practical nurse on a twenty-four-hour basis seven
days per week. Except when waived under subsection (2) of this section, a
nursing facility shall designate a licensed registered nurse or licensed practical
nurse to serve as a charge nurse on each tour of duty. The Director of Nursing
Services shall be a licensed registered nurse, and this requirement shall
not be waived. The Director of Nursing Services may serve as a charge nurse
only when the nursing facility has an average daily occupancy of sixty or
fewer residents.
(2) The department may waive either the requirement that
a nursing facility or long-term care hospital certified under Title XIX of
the federal Social Security Act, as amended, use the services of a licensed
registered nurse for at least eight consecutive hours per day, seven days
per week, or the requirement that a nursing facility or long-term care hospital
certified under Title XIX of the federal Social Security Act, as amended,
use the services of a licensed registered nurse or licensed practical nurse
on a twenty-four-hour basis seven days per week, including the requirement
for a charge nurse on each tour of duty, if:
(a)(i) The facility or hospital demonstrates to the satisfaction
of the department that it has been unable, despite diligent efforts, including
offering wages at the community prevailing rate for the facilities or hospitals,
to recruit appropriate personnel;
(ii) The department determines that a waiver of the requirement
will not endanger the health or safety of individuals staying in the facility
or hospital; and
(iii) The department finds that, for any periods in which
licensed nursing services are not available, a licensed registered nurse or
physician is obligated to respond immediately to telephone calls from the
facility or hospital; or
(b) The department has been granted any waiver by the federal
government of staffing standards for certification under Title XIX of the
federal Social Security Act, as amended, and the requirements of subdivisions
(a)(ii) and (iii) of this subsection have been met.
(3) The department shall apply for such a waiver from the
federal government to carry out subdivision (1)(b) of this section.
(4) A waiver granted under this section shall be subject
to annual review by the department. As a condition of granting or renewing
a waiver, a facility or hospital may be required to employ other qualified
licensed personnel. The department may grant a waiver under this section if
it determines that the waiver will not cause the State of Nebraska to fail
to comply with any of the applicable requirements of medicaid so as to make
the state ineligible for the receipt of all funds to which it might otherwise
be entitled.
(5) The department shall provide notice of the granting of
a waiver to the office of the state long-term care ombudsman and to the Nebraska
Advocacy Services or any successor designated for the protection of and advocacy
for persons with mental illness or an
intellectual disability. A nursing facility granted a waiver shall
provide written notification to each resident of the facility or, if appropriate,
to the guardian, legal representative, or immediate family of the resident.

Legislative History

Source: Laws 2000, LB 819, § 126; Laws 2007, LB296, § 639; Laws 2013, LB23, § 37.