Subdivision 1. Regulations. The commissioner shall regulate home care providers pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:
(1) provisions to assure, to the extent possible, the health, safety, well-being, and appropriate treatment of persons who receive home care services while respecting a client's autonomy and choice;
(2) requirements that home care providers furnish the commissioner with specified information necessary to implement sections 144A.43 to 144A.482;
(3) standards of training of home care provider personnel;
(4) standards for provision of home care services;
(5) standards for medication management;
(6) standards for supervision of home care services;
(7) standards for client evaluation or assessment;
(8) requirements for the involvement of a client's health care provider, the documentation of health care providers' orders, if required, and the client's service plan;
(9) the maintenance of accurate, current client records;
(10) the establishment of basic and comprehensive levels of licenses based on services provided; and
(11) provisions to enforce these regulations and the home care bill of rights.
Subd. 1a. [Repealed by amendment, 2013 c 108 art 11 s 9]
Subd. 1b. [Repealed by amendment, 2013 c 108 art 11 s 9]
Subd. 2. Regulatory functions. The commissioner shall:
(1) license, survey, and monitor without advance notice, home care providers in accordance with sections 144A.43 to 144A.482;
(2) survey every temporary licensee within one year of the temporary license issuance date subject to the temporary licensee providing home care services to a client or clients;
(3) survey all licensed home care providers on an interval that will promote the health and safety of clients;
(4) with the consent of the client, visit the home where services are being provided;
(5) issue correction orders and assess civil penalties in accordance with section 144.653, subdivisions 5 to 8, for violations of sections 144A.43 to 144A.482;
(6) take action as authorized in section 144A.475; and
(7) take other action reasonably required to accomplish the purposes of sections 144A.43 to 144A.482.
Subd. 3. [Repealed, 1997 c 113 s 22]
Subd. 4. [Repealed by amendment, 2013 c 108 art 11 s 9]
Subd. 5. [Repealed by amendment, 2013 c 108 art 11 s 9]
Subd. 6. MS 2018 [Repealed, 1Sp2019 c 9 art 11 s 112]
1987 c 378 s 5; 1989 c 282 art 2 s 25; 1991 c 286 s 8; 1997 c 113 s 2,3; 1998 c 254 art 1 s 30,31; 2002 c 252 s 5,6,24; 2003 c 37 s 2; 2008 c 326 art 1 s 2,3; 2009 c 174 art 2 s 5,6; 2010 c 246 s 1,2; 2013 c 43 s 16; 2013 c 108 art 11 s 9; 2014 c 275 art 1 s 135
Structure Minnesota Statutes
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.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.26 — Reciprocity With Other States And Equivalency Of Health Services Executive.
Section 144A.27 — Acting Administrators.
Section 144A.28 — Severability.
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.754 — Enforcement.