Subdivision 1. Rules. The commissioner shall adopt rules for the regulation of hospice providers according to sections 144A.75 to 144A.755. The rules shall include the following:
(1) provisions to ensure, to the extent possible, the health, safety, well-being, and appropriate treatment of persons who receive hospice care;
(2) requirements that hospice providers furnish the commissioner with specified information necessary to implement sections 144A.75 to 144A.755;
(3) standards of training of hospice provider personnel;
(4) standards for medication management, which may vary according to the nature of the hospice care provided, the setting in which the hospice care is provided, or the status of the patient;
(5) standards for hospice patient and hospice patient's family evaluation or assessment, which may vary according to the nature of the hospice care provided or the status of the patient; and
(6) requirements for the involvement of a patient's physician, advanced practice registered nurse, or physician assistant; documentation of physicians', advanced practice registered nurses', or physician assistants' orders, if required, and the patient's hospice plan of care; and maintenance of accurate, current clinical records.
Subd. 2. Regulatory functions. (a) The commissioner shall:
(1) evaluate, monitor, and license hospice providers according to sections 144A.75 to 144A.755;
(2) inspect the office and records of a hospice provider during regular business hours without advance notice to the hospice provider;
(3) with the consent of the patient, visit the home where services are being provided;
(4) issue correction orders and assess civil penalties according to section 144.653, subdivisions 5 to 8, for violations of sections 144A.75 to 144A.755 or rules adopted thereunder; and
(5) take other action reasonably required to accomplish the purposes of sections 144A.75 to 144A.755.
(b) In the exercise of the authority granted under this section, the commissioner shall comply with the applicable requirements of the Government Data Practices Act, the Administrative Procedure Act, and other applicable law.
Subd. 3. Relation to other regulatory programs. In the exercise of the authority granted under sections 144A.75 to 144A.755, the commissioner shall not duplicate or replace standards and requirements imposed under another regulatory program of the state. The commissioner shall not impose additional training or education requirements upon members of a licensed or registered occupation or profession, except as necessary to address or prevent problems that are unique to the delivery of hospice care or to enforce and protect the rights of patients listed under section 144A.751. The commissioner shall not require a hospice care provider certified under the Medicare program and surveyed and enforced by the Minnesota Department of Health, to comply with a rule adopted under this section if the hospice provider is required to comply with any equivalent federal law or regulation relating to the same subject matter. The commissioner shall specify in the rules those provisions that are not applicable to certified hospice providers.
Subd. 4. Medicaid reimbursement. Certification by the federal Medicare program must not be a requirement of Medicaid payment for room and board services delivered in a residential hospice facility.
2002 c 252 s 15,24; 2020 c 115 art 4 s 63; 2022 c 58 s 71
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.