Issue Paper



Minimum Nurse Staffing Requirements
for Nursing Facilities



Proposals:

2001 Senate Bill 428, authored by State Senator Brian Burke (D-Milwaukee), and Assembly Bill 802, authored by State Representative Peggy Krusick (D-Milwaukee), at the request of Service Employees International Union - Wisconsin State Council, Coalition of Wisconsin Aging Groups, AARP, Board on Aging and Long-Term Care, AFSCME Council 11, Wisconsin State AFL-CIO, Wisconsin Federation of Nurses and Health Professionals, Wisconsin Citizen Action and Allied Council of Senior Citizens of Wisconsin.

Status:

SB 428 was introduced February 7, 2002 and was referred to the Senate Human Services and Aging Committee. AB 802 was introduced February 12, 2002 and referred to the Assembly Aging and Long-Term Care Committee. To date, neither bill has been scheduled for a public hearing.

Analysis:

Current law, under s.50.04(2)(d), Wis. Stats., establishes the following nursing home minimum nurse staffing requirements based on daily staffing levels: 1) For each resident in need of intensive skilled nursing care, 3.25 hours of nursing care per day, of which a minimum of .65 hour must be provided by a registered nurse (RN) or a licensed practical nurse (LPN); The remainder of nursing care may be provided by a certified nurse assistant (CNA); 2) For each resident in need of skilled nursing care, 2.5 hours per day, of which a minimum of .5 hour per day must be provided by a RN or LPN; and 3) For each resident in need of intermediate or limited nursing care, 2.0 hours per day, of which a minimum of .4 hour must be provided by a RN or LPN.

SB 428 and AB 802 are companion bills which would: