NHWSB 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 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. § 181.214, 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 will be 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 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, beginning June 24, 2024, and ending July 24, 2024.

Availability of rule draft(s) and statement of need and reasonableness

Rules recommended by NHWSB regarding initial standards for wages, with changes suggested by the Office of 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 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 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 will be published in the June 24, 2024, edition of the State Register (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 will eventually be published in the State Register.

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.

• 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.

• 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

To submit written comments, contact the Office of General Counsel.

• Office of General Counsel
  Email:  dli.rules@state.mn.us

The proposed rule may also be reviewed and written comments may be submitted via the Office of Administrative Hearings rulemaking comments website.