Minnesota Statutes
Chapter 144A — Nursing Homes And Home Care
Section 144A.01 — Definitions.

Subdivision 1. Scope. For the purposes of sections 144A.01 to 144A.27, the terms defined in this section have the meanings given them.
Subd. 2. Commissioner of health. "Commissioner of health" means the state commissioner of health established by section 144.011.
Subd. 3. Board of Executives for Long Term Services and Supports. "Board of Executives for Long Term Services and Supports" means the Board of Executives for Long Term Services and Supports established by section 144A.19.
Subd. 3a. Certified. "Certified" means certified for participation as a provider in the Medicare or Medicaid programs under title XVIII or XIX of the Social Security Act.
Subd. 4. Controlling person. (a) "Controlling person" means an owner and the following individuals and entities, if applicable:
(1) each officer of the organization, including the chief executive officer and the chief financial officer;
(2) the nursing home administrator; and
(3) any managerial official.
(b) "Controlling person" also means any entity or natural person who has any direct or indirect ownership interest in:
(1) any corporation, partnership or other business association which is a controlling person;
(2) the land on which a nursing home is located;
(3) the structure in which a nursing home is located;
(4) any entity with at least a five percent mortgage, contract for deed, deed of trust, or other security interest in the land or structure comprising a nursing home; or
(5) any lease or sublease of the land, structure, or facilities comprising a nursing home.
(c) "Controlling person" does not include:
(1) a bank, savings bank, trust company, savings association, credit union, industrial loan and thrift company, investment banking firm, or insurance company unless the entity directly or through a subsidiary operates a nursing home;
(2) government and government-sponsored entities such as the United States Department of Housing and Urban Development, Ginnie Mae, Fannie Mae, Freddie Mac, and the Minnesota Housing Finance Agency which provide loans, financing, and insurance products for housing sites;
(3) an individual who is a state or federal official, a state or federal employee, or a member or employee of the governing body of a political subdivision of the state or federal government that operates one or more nursing homes, unless the individual is also an officer, owner, or managerial official of the nursing home, receives any remuneration from a nursing home, or who is a controlling person not otherwise excluded in this subdivision;
(4) a natural person who is a member of a tax-exempt organization under section 290.05, subdivision 2, unless the individual is also a controlling person not otherwise excluded in this subdivision; and
(5) a natural person who owns less than five percent of the outstanding common shares of a corporation:
(i) whose securities are exempt by virtue of section 80A.45, clause (6); or
(ii) whose transactions are exempt by virtue of section 80A.46, clause (7).
Subd. 4a. Emergency. "Emergency" means a situation or physical condition that creates or probably will create an immediate and serious threat to a resident's health or safety.
Subd. 5. Nursing home. "Nursing home" means a facility or that part of a facility which provides nursing care to five or more persons. "Nursing home" does not include a facility or that part of a facility which is a hospital, a hospital with approved swing beds as defined in section 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed pursuant to sections 245A.01 to 245A.16 or 252.28.
Subd. 6. Nursing care. "Nursing care" means health evaluation and treatment of patients and residents who are not in need of an acute care facility but who require nursing supervision on an inpatient basis. The commissioner of health may by rule establish levels of nursing care.
Subd. 7. Uncorrected violation. "Uncorrected violation" means a violation of a statute or rule or any other deficiency for which a notice of noncompliance has been issued and fine assessed and allowed to be recovered pursuant to section 144A.10, subdivision 8.
Subd. 8. Managerial official. "Managerial official" means an individual who has the decision-making authority related to the operation of the nursing home and the responsibility for either: (1) the ongoing management of the nursing home; or (2) the direction of policies, services, or employees of the nursing home.
Subd. 9. Nursing home administrator. "Nursing home administrator" means a person who administers, manages, supervises, or is in general administrative charge of a nursing home, whether or not the individual has an ownership interest in the home, and whether or not the person's functions and duties are shared with one or more individuals, and who is licensed pursuant to section 144A.21.
Subd. 10. Repeated violation. "Repeated violation" means the issuance of two or more correction orders, within a 12-month period, for a violation of the same provision of a statute or rule.
Subd. 11. Change of ownership. "Change of ownership" means a change in the licensee.
Subd. 12. Direct ownership interest. "Direct ownership interest" means an individual or legal entity with the possession of at least five percent equity in capital, stock, or profits of the licensee or who is a member of a limited liability company of the licensee.
Subd. 13. Indirect ownership interest. "Indirect ownership interest" means an individual or legal entity with a direct ownership interest in an entity that has a direct or indirect ownership interest of at least five percent in an entity that is a licensee.
Subd. 14. Licensee. "Licensee" means a person or legal entity to whom the commissioner issues a license for a nursing home and who is responsible for the management, control, and operation of the nursing home.
Subd. 15. Management agreement. "Management agreement" means a written, executed agreement between a licensee and manager regarding the provision of certain services on behalf of the licensee.
Subd. 16. Manager. "Manager" means an individual or legal entity designated by the licensee through a management agreement to act on behalf of the licensee in the on-site management of the nursing home.
Subd. 17. Owner. "Owner" means: (1) an individual or legal entity that has a direct or indirect ownership interest of five percent or more in a licensee; and (2) for purposes of this chapter, owner of a nonprofit corporation means the president and treasurer of the board of directors; and (3) for an entity owned by an employee stock ownership plan, owner means the president and treasurer of the entity. A government entity that is issued a license under this chapter shall be designated the owner.
1976 c 173 s 1; 1977 c 305 s 45; 1980 c 509 s 43; 1Sp1981 c 4 art 1 s 79; 1982 c 633 s 1; 1Sp1985 c 3 s 5-7; 1986 c 444; 1989 c 282 art 2 s 24; art 3 s 6,7; 1995 c 202 art 1 s 25; 2006 c 196 art 1 s 52; art 2 s 4; 2012 c 187 art 1 s 22; 2019 c 60 art 4 s 34; 2022 c 98 art 1 s 12

Structure Minnesota Statutes

Minnesota Statutes

Chapters 144 - 159 — Health

Chapter 144A — Nursing Homes And Home Care

Section 144A.01 — Definitions.

Section 144A.02 — Licensure; Penalty.

Section 144A.03 — License Application.

Section 144A.031 — Consideration Of Applications.

Section 144A.04 — Qualifications For License.

Section 144A.05 — License Renewal.

Section 144A.06 — Transfer Of License Prohibited.

Section 144A.07 — Fees.

Section 144A.071 — Moratorium On Certification Of Nursing Home Beds.

Section 144A.073 — Exceptions To Moratorium; Review.

Section 144A.08 — Physical Standards; Penalty.

Section 144A.09 — Facilities Excluded.

Section 144A.10 — Inspection; Commissioner Of Health; Fines.

Section 144A.101 — Procedures For Federally Required Survey Process.

Section 144A.102 — Waiver From Federal Rules And Regulations; Penalties.

Section 144A.105 — Suspension Of Admissions.

Section 144A.11 — License Suspension Or Revocation; Hearing; Relicensing.

Section 144A.115 — Violations; Penalties.

Section 144A.12 — Injunctive Relief; Subpoenas.

Section 144A.13 — Complaints; Resident's Rights.

Section 144A.135 — Transfer And Discharge Appeals.

Section 144A.15 — State Receivership.

Section 144A.154 — Rate Recommendation.

Section 144A.155 — Placement Of Monitor.

Section 144A.161 — Nursing Home And Boarding Care Home Resident Relocation.

Section 144A.162 — Transfer Of Residents Within Facilities.

Section 144A.18 — Administrator's Licenses; Penalty.

Section 144A.1888 — Reuse Of Facilities.

Section 144A.19 — Board Of Executives For Long Term Services And Supports.

Section 144A.20 — Administrator Qualifications.

Section 144A.21 — Administrator And Director Licenses.

Section 144A.22 — Organization Of Board.

Section 144A.23 — Jurisdiction Of Board.

Section 144A.24 — Duties Of The Board.

Section 144A.251 — Mandatory Proceedings.

Section 144A.2511 — Costs; Penalties.

Section 144A.252 — Immunity.

Section 144A.26 — Reciprocity With Other States And Equivalency Of Health Services Executive.

Section 144A.27 — Acting Administrators.

Section 144A.28 — Severability.

Section 144A.291 — Fees.

Section 144A.30 — Pets In Nursing Homes.

Section 144A.33 — Resident And Family Advisory Council Education.

Section 144A.351 — Long-term Care Services And Supports Report Required.

Section 144A.37 — Alternative Nursing Home Survey Process.

Section 144A.43 — Definitions.

Section 144A.44 — Home Care Bill Of Rights.

Section 144A.45 — Regulation Of Home Care Services.

Section 144A.47 — Information And Referral Services.

Section 144A.471 — Home Care Provider And Home Care Services.

Section 144A.472 — Home Care Provider License; Application And Renewal.

Section 144A.473 — Issuance Of Temporary License And License Renewal.

Section 144A.474 — Surveys And Investigations.

Section 144A.475 — Enforcement.

Section 144A.476 — Background Studies.

Section 144A.477 — Compliance.

Section 144A.478 — Innovation Variance.

Section 144A.479 — Home Care Provider Responsibilities; Business Operation.

Section 144A.4791 — Home Care Provider Responsibilities With Respect To Clients.

Section 144A.4792 — Medication Management.

Section 144A.4793 — Treatment And Therapy Management Services.

Section 144A.4794 — Client Record Requirements.

Section 144A.4795 — Home Care Provider Responsibilities; Staff.

Section 144A.4796 — Orientation And Annual Training Requirements.

Section 144A.4797 — Provision Of Services.

Section 144A.4798 — Disease Prevention And Infection Control.

Section 144A.4799 — Department Of Health Licensed Home Care Provider Advisory Council.

Section 144A.482 — Registration Of Home Management Providers.

Section 144A.483 — Agency Quality Improvement Program.

Section 144A.484 — Integrated Licensure; Home And Community-based Services Designation.

Section 144A.51 — Definitions.

Section 144A.52 — Office Of Health Facility Complaints.

Section 144A.53 — Director; Powers And Duties.

Section 144A.54 — Publication Of Recommendations; Reports.

Section 144A.61 — Nursing Assistant Training.

Section 144A.611 — Reimbursable Expenses For Nursing Assistant Training And Competency Evaluations.

Section 144A.62 — Resident Attendants.

Section 144A.70 — Registration Of Supplemental Nursing Services Agencies.

Section 144A.71 — Supplemental Nursing Services Agency Registration.

Section 144A.72 — Registration Requirements; Penalties.

Section 144A.73 — Complaint System.

Section 144A.74 — Maximum Charges.

Section 144A.75 — Definitions; Service Requirements.

Section 144A.751 — Hospice Bill Of Rights.

Section 144A.752 — Regulation Of Hospice Care.

Section 144A.753 — Licensure.

Section 144A.754 — Enforcement.

Section 144A.755 — Information And Referral Services.

Section 144A.756 — Penalty.