on implementation of the Federal Centers for Medicare and Medicaid Services (CMS)42 CFR 483.75 (e)(1)(q), 42 CFR 483.35(h), and 42 CFR 483.160 relating to use of paid feeding assistants in nursing homes;
of Minnesota State approved training programs for paid feeding assistants that meet Federal minimum requirements; and
of the process for submitting proposed Paid Feeding Assistant Training curriculum that meet Federal requirements to the Minnesota Department of Health (MDH) for approval.

These regulations must be read in their entirety in conjunction with this Minnesota Department of Health (MDH) Information Bulletin and can be found at the federal CMS web site.

CMS Regulations relating to use of paid feeding assistants in nursing homes (http://www.access.gpo.gov/nara/cfr/waisidx_03/42cfrv3_03.html [expired link])
Scroll down and click on 483, then scroll down and click 483.35, 483.75 and 483.160.

Minnesota State Statute § 144A.62 which allows the use of paid feeding assistants in nursing homes.

Effective Date

The effective date for implementation of the Paid Feeding Assistant Training requirements in Minnesota is January 15, 2004.

Background

CMS adopted regulations effective October 27, 2003, which allow the use of paid feeding assistants in nursing homes provided:

States approve training programs for paid feeding assistants using federal requirements as minimum standards;
Paid feeding assistants successfully complete a state-approved training program and work under the supervision of a registered nurse;
States implementation is consistent with State requirements; and
Nursing Homes use paid feeding assistants consistent with all other applicable guidelines under 42 CFR 483.75 (e)(1)(q), 42 CFR 483.35(h), and 42 CFR 483.160.

Additional background can be found in the Federal Register File (PDF) .

MDH Approved Paid Feeding Assistant Training Course

MDH approved Paid Feeding Assistant Training Courses.

MDH has developed an approved Paid Feeding Assistant training course available for use by the public which can be found and downloaded at the above web site. This MDH Paid Feeding Assistant curriculum is consistent with the current Long Term Care Nursing Assistant Course, 1998-revised edition, developed by Minnesota State Colleges and Universities (MNSCU).

Submission of Curriculum to MDH for Approval

MDH must evaluate, review and approve Paid Feeding Assistant training courses. Timeliness of the review and approval will be dependent on staff availability at time the training course is submitted. After the Paid Feeding Assistant training course is approved, it will be listed on the MDH web site.

Paid Feeding Assistant Training Courses must meet minimum requirements according to Federal regulation 42 CFR 483.160 which requires the training course be approved by the Minnesota Department of Health and other applicable laws. Consistent with Minnesota Nurse Practice Act, MN State Statute § 148.171 Subd. 15, the paid feeding assistant training course must be taught by a Registered Nurse. The paid feeding assistants will be under the supervision of the Director of Nursing, who has the ultimate responsibility for assuring the paid feeding assistant's successful completion of the course. A written and competency test must be included in the training course. The written test must be passed with a minimum of 75% on each unit quiz.

Prior to using a Paid Feeding Assistant Training Course that is not on the MDH web site, it must be submitted for approval to:

Nursing Assistant Registry
Minnesota Department of Health
85 East Seventh Place, Suite 300
St. Paul, Minnesota 55164

Questions and Answers

The MDH web site has a link to questions/answers related to paid feeding assistants. This will be updated with additional questions/answers as needed and should be accessed periodically for updates. Each question is dated when it is entered on the web site. These can be found at: Questions and Answers about the Paid Feeding Assistant Program

If you have any questions regarding this Information Bulletin, please contact in writing:
Minnesota Department of Health
Health Regulation Division
Licensing and Certification Program
85 East Seventh Place
Suite 300, PO Box 64900
St. Paul, MN 55164-0900
Telephone: 651/201-4200