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DirectionsNHWSB rulemaking: Expedited rules -- wages
Expedited rules to establish initial minimum nursing home wage standards
Pursuant to Minnesota Statutes § 181.213, subdivision 1, the Minnesota Nursing Home Workforce Standards Board (NHWSB) is required to "adopt rules establishing minimum nursing home employment standards that are reasonably necessary and appropriate to protect the health and welfare of nursing home workers, to ensure that nursing home workers are properly trained about and fully informed of their rights under §§ 181.211 to 181.217, and to otherwise satisfy the purposes of §§ 181.211 to 181.217."
Three sets of rules were specifically required: initial standards for wages (Minn. Stat. § 181.213 (b)); certification criteria for worker organizations (Minn. Stat. § 181.214); and notice requirements (Minn. Stat. § 181.214, subd. 2). The statute directs NHWSB to adopt these three rulesets under the expedited rulemaking process in Minn. Stat. § 14.389. This webpage addresses initial standards for wages only. The docket for certification criteria for worker organizations, holiday pay and notice requirements, can be accessed from the main NHWSB rulemaking webpage.
Published notices and comment periods
A Notice of Intent to Adopt Proposed Expedited Permanent Rules Without A Public Hearing was published in the June 24, 2024, edition of the State Register.
Under the expedited rule process in Minn. Stat. § 14.389, no request for comments was published. NHWSB published notice of the proposed rules, including a copy of the proposed rules and a citation to the specific statutory authority for the rule, in the State Register as required under Minn. Stat. § 14.389, subd. 2. Notice was also given to persons who have signed up via U.S. mail or email to receive mailed notices. There was a 30-day comment period after the notice was published in the State Register, beginning June 24, 2024, and ending July 24, 2024.
The Notice of Adoption of Expedited Permanent Rules Establishing Minimum Nursing Home Wage Standards was published in the State Register Oct. 28, 2024.
Availability of rule draft(s) and statement of need and reasonableness
Rules adopted by NHWSB regarding initial standards for wages, with changes suggested by the Office of the Revisor of Statutes, are available online.
The expedited rule process in Minn. Stat. § 14.389 does not require a statement of need and reasonableness.
Requests for hearing; date and place of hearing
NHWSB did not accept requests for hearing because the law authorizing rules to be adopted under the expedited rulemaking process does not make specific reference to Minn. Stat. § 14.389, subd. 5.
Timetable and status of the rule proceeding; agency determinations
NHWSB must adopt rules establishing the initial standards for wages of nursing home workers no later than Nov. 1, 2024. NHWSB will file the rules for approval with the Office of Administrative Hearings according to Minn. Stat. § 14.389.
NHWSB determined initial standards for wages through a vote May 9, 2024.
A Notice of Intent to Adopt Proposed Expedited Permanent Rules Without A Public Hearing was published in the June 24, 2024, edition of the State Register (see link above).
The Notice of Adoption of Expedited Permanent Rules Establishing Minimum Nursing Home Wage Standards was published in the State Register Oct. 28, 2024 (see link above).
Date the rule was filed with the Secretary of State and the effective date of the rule as adopted
The adopted rules were filed with the Secretary of State Oct. 17, 2024.
The adopted rules were published in the State Register Oct. 28, 2024.
The rules will become effective Jan. 1, 2026, or at a later date consistent with Minn. Stat. § 181.213, subd. (2)(a),(d).
Contact information
For procedural questions, contact Ali Afsharjavan or Paul Enger.
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Ali Afsharjavan
General counsel
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: 651-284-5270
Email: ali.afsharjavan@state.mn.us -
Paul Enger
Associate general counsel
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: 651-284-5016
Email: paul.enger@state.mn.us
For questions about the content of the proposed rules, contact Leah Solo.
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Leah Solo
Executive director, Nursing Home Workforce Standards Board
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: 651-284-5076
Email: leah.solo@state.mn.us
Request to receive notices of rule proceedings
The Department of Labor and Industry maintains a list of people who have registered to receive notices of agency rule proceedings.