Subdivision 1. Display of license. The original current license must be displayed in the home care provider's principal business office and copies must be displayed in any branch office. The home care provider must provide a copy of the license to any person who requests it.
Subd. 2. Advertising. Home care providers shall not use false, fraudulent, or misleading advertising in the marketing of services. For purposes of this section, advertising includes any verbal, written, or electronic means of communicating to potential clients about the availability, nature, or terms of home care services.
Subd. 3. Quality management. The home care provider shall engage in quality management appropriate to the size of the home care provider and relevant to the type of services the home care provider provides. The quality management activity means evaluating the quality of care by periodically reviewing client services, complaints made, and other issues that have occurred and determining whether changes in services, staffing, or other procedures need to be made in order to ensure safe and competent services to clients. Documentation about quality management activity must be available for two years. Information about quality management must be available to the commissioner at the time of the survey, investigation, or renewal.
Subd. 4. Provider restrictions. (a) This subdivision does not apply to licensees that are Minnesota counties or other units of government.
(b) A home care provider or staff cannot accept powers-of-attorney from clients for any purpose, and may not accept appointments as guardians or conservators of clients.
(c) A home care provider cannot serve as a client's representative.
Subd. 5. Handling of client's finances and property. (a) A home care provider may assist clients with household budgeting, including paying bills and purchasing household goods, but may not otherwise manage a client's property. A home care provider must provide a client with receipts for all transactions and purchases paid with the client's funds. When receipts are not available, the transaction or purchase must be documented. A home care provider must maintain records of all such transactions.
(b) A home care provider or staff may not borrow a client's funds or personal or real property, nor in any way convert a client's property to the home care provider's or staff's possession.
(c) Nothing in this section precludes a home care provider or staff from accepting gifts of minimal value, or precludes the acceptance of donations or bequests made to a home care provider that are exempt from income tax under section 501(c) of the Internal Revenue Code of 1986.
Subd. 6. Reporting maltreatment of vulnerable adults and minors. (a) All home care providers must comply with requirements for the reporting of maltreatment of minors in chapter 260E and the requirements for the reporting of maltreatment of vulnerable adults in section 626.557. Each home care provider must establish and implement a written procedure to ensure that all cases of suspected maltreatment are reported.
(b) Each home care provider must develop and implement an individual abuse prevention plan for each vulnerable minor or adult for whom home care services are provided by a home care provider. The plan shall contain an individualized review or assessment of the person's susceptibility to abuse by another individual, including other vulnerable adults or minors; the person's risk of abusing other vulnerable adults or minors; and statements of the specific measures to be taken to minimize the risk of abuse to that person and other vulnerable adults or minors. For purposes of the abuse prevention plan, the term abuse includes self-abuse.
Subd. 7. Employee records. The home care provider must maintain current records of each paid employee, regularly scheduled volunteers providing home care services, and of each individual contractor providing home care services. The records must include the following information:
(1) evidence of current professional licensure, registration, or certification, if licensure, registration, or certification is required by this statute or other rules;
(2) records of orientation, required annual training and infection control training, and competency evaluations;
(3) current job description, including qualifications, responsibilities, and identification of staff providing supervision;
(4) documentation of annual performance reviews which identify areas of improvement needed and training needs;
(5) for individuals providing home care services, verification that any health screenings required by infection control programs established under section 144A.4798 have taken place and the dates of those screenings; and
(6) documentation of the background study as required under section 144.057.
Each employee record must be retained for at least three years after a paid employee, home care volunteer, or contractor ceases to be employed by or under contract with the home care provider. If a home care provider ceases operation, employee records must be maintained for three years.
Subd. 8. Labor market reporting. A home care provider shall comply with the labor market reporting requirements described in section 256B.4912, subdivision 1a.
2013 c 108 art 11 s 18; 2014 c 275 art 1 s 135; 1Sp2019 c 9 art 11 s 49,50; 1Sp2020 c 2 art 8 s 24
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.