Subdivision 1. License required; application. (a) A hospice provider may not operate in the state without a valid license issued by the commissioner.
(b) Within ten days after receiving an application for a license, the commissioner shall acknowledge receipt of the application in writing. The acknowledgment must indicate whether the application appears to be complete or whether additional information is required before the application is considered complete. Within 90 days after receiving a complete application, the commissioner shall either grant or deny the license. If an applicant is not granted or denied a license within 90 days after submitting a complete application, the license must be deemed granted. An applicant whose license has been deemed granted must provide written notice to the commissioner before providing hospice care.
(c) Each application for a hospice provider license, or for a renewal of a license, shall be accompanied by a fee as follows:
(1) for revenues no more than $25,000, $125;
(2) for revenues greater than $25,000 and no more than $100,000, $312.50;
(3) for revenues greater than $100,000 and no more than $250,000, $625;
(4) for revenues greater than $250,000 and no more than $350,000, $937.50;
(5) for revenues greater than $350,000 and no more than $450,000, $1,250;
(6) for revenues greater than $450,000 and no more than $550,000, $1,562.50;
(7) for revenues greater than $550,000 and no more than $650,000, $1,875;
(8) for revenues greater than $650,000 and no more than $750,000, $2,187.50;
(9) for revenues greater then $750,000 and no more than $850,000, $2,500;
(10) for revenues greater than $850,000 and no more than $950,000, $2,812.50;
(11) for revenues greater than $950,000 and no more than $1,100,000, $3,125;
(12) for revenues greater than $1,100,000 and no more than $1,275,000, $3,750;
(13) for revenues greater than $1,275,000 and no more than $1,500,000, $4,375; and
(14) for revenues greater than $1,500,000, $5,000.
Subd. 2. Licensing requirements. The commissioner shall license hospice providers using the authorities under sections 144A.75 to 144A.755. To receive a license, a hospice provider must:
(1) provide centrally coordinated core services in the home and inpatient settings and make other services available, which may be provided by employees or contracted staff;
(2) require that the medical components of the hospice care program be under the direction of a licensed physician who serves as medical director;
(3) require that the palliative care provided to a hospice patient be under the direction of a licensed physician;
(4) utilize an interdisciplinary team that meets regularly to develop, implement, and evaluate the hospice provider's plan of care for each hospice patient and the patient's family. Within 48 hours of admission, a licensee must enter a written service agreement with the patient or the patient's responsible person describing the cost of services. Services are provided in accordance to the plan of care developed by the interdisciplinary team. Changes in the services provided which do not cause a change in fees do not require a written modification of the service plan agreed to by the patient or the patient's responsible person;
(5) provide accessible hospice care, 24 hours a day, seven days a week;
(6) utilize an ongoing system of quality assurance;
(7) require that volunteer services be provided by individuals who have completed a hospice volunteer training program and are trained to provide the services required;
(8) provide a planned program of supportive services and bereavement counseling available to patients and families during hospice care and the bereavement period following the death of the hospice patient; and
(9) require that inpatient services be provided directly or by arrangement in a licensed hospital or nursing home or residential hospice.
Subd. 3. Nomenclature. A hospice provider may not operate in the state or use the words "hospice," "hospice care," "hospice care program," or "hospice provider" without a valid license issued by the commissioner. St. Anne Hospice in Winona County may continue to use the name "hospice."
Subd. 4. Hospice providers; tuberculosis prevention and control. (a) A hospice provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. For residential hospice facilities, the tuberculosis infection control plan must cover each hospice patient. The Department of Health shall provide technical assistance regarding implementation of the guidelines.
(b) Written compliance with this subdivision must be maintained by the hospice provider.
2002 c 252 s 16,24; 2013 c 43 s 18
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.