Legislation under consideration by the 2017 Minnesota Legislature related to Supplemental Nursing Service Agencies (SNSAs),
MDH SNSA related regulatory guidance, and
Future MDH plans to review and discuss with stakeholders the law for SNSAs in Minnesota.

2017 SNSA Legislative Proposal Under Consideration

MDH is aware of the bill that strikes the wording, “other licensed health professionals” from current SNSA Minnesota Law and modifies the maximum charges for the SNSA requirements being considered by the 2017 Minnesota Legislature.

MDH’s position is neutral.

Please see the bill: Information for H. F. No. 582

Within the SNSA Law, examples of “Other licensed health professionals” include individual health professionals issued a license by the State of Minnesota such as licensed nursing home administrator, physician, or physical therapist.

MDH Supplemental Nursing Services Agencies (SNSA) Guidance

The 2017 Minnesota Legislature is considering a proposal to delete from the meaning of SNSA by striking the language stated below:

Minnesota Statutes 144A.70 Subd. 6 in part:
Supplemental nursing services agency" means a person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for nurses, nursing assistants, nurse aides, orderlies, ~~and other licensed health professionals.~~ …
Effective, March 1, 2017, MDH placed a hold on issuing violations for not using a registered SNSA to hire “other licensed health professionals”.

Effective May 1, 2017 MDH will not require a business to be registered as an SNSA in order to provide or procure temporary employment for “other licensed health professionals”.
For other SNSA law violations where the nursing home or other provider used an unregistered SNSA to hire nursing staff, MDH will review on a case-by-case analysis to decide appropriate timeline to correct based on the individual facts.
Nursing Homes Only:

Effective February 1, 2017, please find attached Minnesota Department of Human Services memo “Maximum Charges-Supplemental Nursing Services” (DHS February 1, 2017 Memo”). This memo clarifies maximum charges under Minnesota Statutes 144A.74; MDH will enforce from the effective the date of February 1, 2017. MDH is reviewing violations issued to assure they are consistent with the attached DHS memo.

Consistent with the attached DHS February 1, 2017 Memo, nursing administration staff are not subject to the maximum charges provision. Nursing administration includes licensed nursing staff responsible for management of the nursing department or primarily responsible for record keeping. Examples of nursing administration staff include: DON, ADON, MDS coordinator, Medicare nurse, infection control nurses, nurse consultants and quality coordinators.

Effective May 1, 2017, MDH will not require a business to be registered as an SNSA in order to provide or procure temporary employment for nursing administration staff consistent with the DHS February 1, 2017 Memo.

If the DON or Licensed Nursing Home Administrator do not meet other SNSA regulatory requirements such as background checks not being done, or not being licensed in Minnesota, MDH will cite under other statutory provisions relevant to the violations present.

Planning for the Future

MDH will work with provider and consumer stakeholders to review the SNSA statute and requirements. MDH acknowledges that the marketplace is changing and there are new organizational types, consultants along with continued stresses on providers in finding reliable competent staff quickly. MDH and providers have expressed interest in discussing what Minnesota needs and whether changes to the SNSA statute are warranted. We can look toward the 2018 legislative session if changes are needed.

DHS Memo: Supplemental Nursing Services Agency Maximum Charges (PDF)