New Jersey § 30:13-18

§ 30:13-18.

a. Notwithstanding any other staffing requirements as may be established by law, every

nursing home as defined in section 2 of P.L.1976, c. 120 ( C.30:13-2 ) or licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ) shall maintain the following minimum direct care staff-to-resident ratios: (1) one certified nurse aide to every eight residents for the day shift; (2) one direct care staff member to every 10 residents for the evening shift, provided

that no fewer than half of all staff members shall be certified nurse aides, and each

staff member shall be signed in to work as a certified nurse aide and shall perform

certified nurse aide duties; and (3) one direct care staff member to every 14 residents for the night shift, provided

that each direct care staff member shall sign in to work as a certified nurse aide

and perform certified nurse aide duties. b. Upon any expansion of resident census by the nursing home, the nursing home shall

be exempt from any increase in direct care staffing ratios for a period of nine consecutive

shifts from the date of the expansion of the resident census. c. (1) The computation of minimum direct care staffing ratios shall be carried to

the hundredth place. (2) If the application of the ratios listed in subsection a. of this section results

in other than a whole number of direct care staff, including certified nurse aides,

for a shift, the number of required direct care staff members shall be rounded to

the next higher whole number when the resulting ratio, carried to the hundredth place,

is fifty-one hundredths or higher. (3) All computations shall be based on the midnight census for the day in which the

shift begins. d. Nothing in this section shall be construed to affect any minimum staffing requirements

for nursing homes as may be required by the Commissioner of Health for staff other

than direct care staff, including certified nurse aides, or to restrict the ability

of a nursing home to increase staffing levels, at any time, beyond the established

minimum. e. The minimum direct care staffing ratios required by this section shall not apply

to any pediatric long-term care facility licensed by the Department of Health. f. As used in this section, “ direct care staff member ” means any registered professional nurse, licensed practical nurse, or certified

nurse aide who is acting in accordance with that individual's authorized scope of

practice, and pursuant to documented employee time schedules.