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DirectionsNursing Home Workforce Standards Board rulemaking
Expedited rules to establish minimum nursing home employment standards; certification criteria for worker organizations; and notice requirements
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 sections 181.211 to 181.217, and to otherwise satisfy the purposes of sections 181.211 to 181.217."
Three sets of rules are 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. § 181.215, subd. 2). The statute directs NHWSB to adopt these three rulesets under the expedited rulemaking process in Minn. Stat. § 14.389.
Published notices and comment periods
There are currently no published notices relating to these rulemaking proceedings.
Under the expedited rule process in Minn. Stat. § 14.389, no request for comments will be published. NHWSB will publish 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 will also be given to persons who have signed up via U.S. mail or email to receive mailed notices. There will be a 30-day comment period after the notice is published in the State Register.
Availability of rule draft(s) and statement of need and reasonableness
Rules recommended by NHWSB, with changes suggested by the Office of the Revisor of Statutes, can be found here, when available.
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 is not accepting 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/status of the rule proceeding; agency determinations
NHWSB must adopt rules establishing the initial standards for wages of nursing home workers no later than Aug. 1, 2024. NHWSB will file the rules for approval with the Office of Administrative Hearings according to Minn. Stat. § 14.389.
Rules related to certification criteria for worker organizations (Minn. Stat. § 181.214) were approved by NHWSB on Feb. 8, 2024.
Date the rule was filed with the secretary of state and the effective date of the rule as adopted
The adopted rules will eventually be published in the State Register.
The rules will become effective Jan. 1, 2025, or at a later date consistent with Minn. Stat. § 181.213, subd. (2)(a),(d).
Contact person
For procedural questions and to submit comments, contact:
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
For questions about the content of the proposed rules, contact:
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
DLI maintains a list of people who have registered to receive notices of agency rule proceedings.