STATE OF WISCONSIN
NURSING HOME ADMINISTRATOR EXAMINING BOARD
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : NURSING HOME
NURSING HOME ADMINISTRATOR : ADMINISTRATOR
EXAMINING BOARD : EXAMINING BOARD
: ADOPTING RULES
: (CLEARINGHOUSE RULE 18-054)
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ORDER
An order of the Nursing Home Administrator Examining Board to repeal NHA 4.01 (1) (c) and (2) and 4.02 (2) (b) 1. and 2.; to renumber and amend NHA 2.02 (4), 3.03 (4), 4.02 (2) (b) (intro.), and 4.03; to amend NHA 1.01, 1.02 (intro.), (2) (intro.), (a) (intro.) and 1. to 4., (b) (intro.) and 1. to 6., (c) (intro.) and 1. to 8., (d) (intro.) and 1. to 8., and (e), (3), (3m), (5m) (intro.) and (a) to (f), (6) (intro.) and (a) to (d), (7), and (8) (intro.), 2.02 (intro.), (3), and (Note), 2.04 (1) and (2), 2.05, 3.01 (1), (Note), (2), (3), and (4), 3.02 (Note) and (4), 3.03 (Note) and (4) (Note), 4.01 (title) and (1) (intro.), (a), (b), (Note), (d) (intro.), 2., and 3., and (e), 4.02 (1) (intro.), (a), and (b), (2) (intro.) and (a) 1. to 4., and (3) (a) (intro.), 1., and 3., (b), and (c); to repeal and recreate NHA 2.01; and to create NHA 1.02 (1g), 3.03 (4) (a) to (e), 4.01 (1) (d) 4., and 4.015 (5); relating to requirements for licensure, examinations, and approval of educational programs.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Related statute or rule:
None.
Plain language analysis:
The Nursing Home Administrator Examining Board conducted a comprehensive evaluation and update of chs. NHA 1 to 4 to ensure its rules relating to requirements for licensure, examinations, and approval of educational programs are consistent with current professional, academic, licensing, and examination practices and standards and applicable Wisconsin statutes. As a result, the following updates have been made:
Section NHA 2.01 is revised to reflect a change in July 2017 to the structure of the national examination administered by NAB. The examination for nursing home administrators now consists of 2 parts, the Core of Knowledge Examination for Long Term Care Administrators and the National Nursing Home Administrators Line of Service Examination.
Sections NHA 4.01 (1) (b) and (d) 4.03 (1) are revised to allow active certification as a health services executive granted by NAB to satisfy an applicant’s education, experience, and national examination requirements for licensure. An applicant with NAB certification is still required to pass an examination on laws and administrative rules of this state governing nursing home administration.
Section NHA 3.02 (4) is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder.
Other provisions throughout chs. NHA 1 to 4 have been revised to update notes, provide clarity, and conform to current drafting standards.Summary of, and comparison with, existing or proposed federal regulation:
42 USC § 1396a provides requirements state medical assistance plans must meet to be eligible for federal grants, including a requirement that states have a program for licensing nursing home administrators. Under 42 USC § 1396g (c) (1) to (6), a state agency or board that licenses nursing home administrators is required to:
“Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators.”
“Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.”
“Issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards.”
“Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards.”
“Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards.”
“Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the State with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.”The rules will ensure the provisions for licensure, examinations, and approval of educational programs under chs. NHA 1 to 4 comply with the above requirements. Comparison with rules in adjacent states:
Illinois: Rules of the Illinois Department of Financial and Professional Regulation address the practice of nursing home administration in Illinois (68 Ill. Adm. Code 1310). The rules include provisions concerning examinations (68 Ill. Adm. Code 1310.30 and 1310.60), approved nursing home administration courses (68 Ill. Adm. Code 1310.40), and qualifying experience (68 Ill. Adm. Code Section 1310.50). The rules do not explicitly allow certification as a health services executive granted by NAB to satisfy any requirements for licensure.
Iowa: Rules of the Iowa Board of Nursing Home Administrators address the practice of nursing home administration in Iowa (645 IAC 141 to 144). The rules include provisions for licensure requirements (645 IAC 141.2), examination requirements (645 IAC 141.3), and educational qualifications (645 IAC 141.4). The rules do not explicitly allow certification as a health services executive granted by NAB to satisfy any requirements for licensure.
Michigan: Rules of the Michigan Department of Licensing and Regulatory Affairs address the practice of nursing home administration in Michigan (Mich Admin Code, R 339.14001 to R 339.14035). The rules include approval of courses of instruction and training (Mich Admin Code, R 339.14007), application requirements (Mich Admin Code, R 339.14008), and examinations (Mich Admin Code, R 339.14009 and R 339.14011). The rules do not explicitly allow certification as a health services executive granted by NAB to satisfy any requirements for licensure.
Minnesota: Rules of the Minnesota Board of Examiners for Nursing Home Administrators address the practice of nursing home administration in Minnesota (Minnesota Rules, chapter 6400). The rules include licensure requirements (Minnesota Rules, Part 6400.6000), applying for licensure (Minnesota Rules, Part 6400.6100), and course requirements (Minnesota Rules, Parts 6400.6400 to 6400.6660). The rules do not explicitly allow certification as a health services executive granted by NAB to satisfy any requirements for licensure.
Summary of factual data and analytical methodologies:
The rules were developed by reviewing the provisions of chs. NHA 1 to 4 to ensure the rules are consistent with current professional, academic, licensing, and examination practices and standards and applicable Wisconsin statutes. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.
