Subdivision 1. Establishment; use. The commissioner's establishment and use of systems and records to fulfill the requirements under chapter 245C shall be governed according to section 245C.32, subdivisions 1 and 2.
Subd. 2. National records search. National records searches shall be governed according to section 245C.32, subdivision 3.
Subd. 3. Record retention; license holder requirements. (a) A license holder must maintain and store records in a manner that will allow for review by the commissioner as identified in section 245A.04, subdivision 5. The following records must be maintained as specified and in accordance with applicable state or federal law, regulation, or rule:
(1) service recipient records, including verification of service delivery, must be maintained for a minimum of five years following discharge or termination of service;
(2) personnel records must be maintained for a minimum of five years following termination of employment; and
(3) program administration and financial records must be maintained for a minimum of five years from the date the program closes.
(b) A license holder who ceases to provide services must maintain all records related to the licensed program for five years from the date the program closes. The license holder must notify the commissioner of the location where the licensing records will be stored and the name of the person responsible for maintaining the stored records.
(c) If the ownership of a licensed program or service changes, the transferor, unless otherwise provided by law or written agreement with the transferee, is responsible for maintaining, preserving, and making available to the commissioner on demand the license records generated before the date of the transfer.
(d) In the event of a contested case, the license holder must retain records as required in paragraph (a) or until the final agency decision is issued and the conclusion of any related appeal, whichever period is longer.
Subd. 4. Electronic records; license holder use. A license holder's use of electronic record keeping or electronic signatures must meet the following requirements:
(1) use of electronic record keeping or electronic signatures does not alter the license holder's obligations under state or federal law, regulation, or rule;
(2) the license holder must ensure that the use of electronic record keeping does not limit the commissioner's access to records as specified under section 245A.04, subdivision 5;
(3) upon request, the license holder must assist the commissioner in accessing and copying all records, including encrypted records and electronic signatures; and
(4) the license holder must establish a mechanism or procedure to ensure that:
(i) the act of creating the electronic record or signature is attributable to the license holder, according to section 325L.09;
(ii) the electronic records and signatures are maintained in a form capable of being retained and accurately reproduced;
(iii) the commissioner has access to information that establishes the date and time that data and signatures were entered into the electronic record; and
(iv) the license holder's use of electronic record keeping or electronic signatures does not compromise the security of the records.
Subd. 5. First date of working in a facility or setting; documentation requirements. Children's residential facility and foster residence setting license holders must document the first date that a person who is a background study subject begins working in the license holder's facility or setting. If the license holder does not maintain documentation of each background study subject's first date of working in the facility or setting in the license holder's personnel files, the license holder must provide documentation to the commissioner that contains the first date that each background study subject began working in the license holder's program upon the commissioner's request.
2001 c 163 s 1; 2003 c 15 art 2 s 9; 2012 c 216 art 18 s 2,3; 2021 c 30 art 10 s 9
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245A — Human Services Licensing
Section 245A.02 — Definitions.
Section 245A.03 — Who Must Be Licensed.
Section 245A.035 — Unlicensed Emergency Relative Placement.
Section 245A.04 — Application Procedures.
Section 245A.041 — Systems And Records.
Section 245A.042 — Home And Community-based Services; Additional Standards And Procedures.
Section 245A.043 — License Application After Change Of Ownership.
Section 245A.05 — Denial Of Application.
Section 245A.055 — Closing A License.
Section 245A.06 — Correction Order And Conditional License.
Section 245A.065 — Child Care Fix-it Ticket.
Section 245A.075 — Disqualified Individual; Denial, Conditional License, Revocation.
Section 245A.081 — Settlement Agreement.
Section 245A.085 — Consolidation Of Hearings; Reconsideration.
Section 245A.095 — Rules For Programs Serving Persons With Mental Illnesses.
Section 245A.11 — Special Conditions For Residential Programs.
Section 245A.12 — Voluntary Receivership For Residential Or Nonresidential Programs.
Section 245A.13 — Involuntary Receivership For Residential Or Nonresidential Programs.
Section 245A.14 — Special Conditions For Nonresidential Programs.
Section 245A.143 — Family Adult Day Services.
Section 245A.1434 — Information For Child Care License Holders.
Section 245A.1435 — Reduction Of Risk Of Sudden Unexpected Infant Death In Licensed Programs.
Section 245A.1445 — Dangers Of Shaking Infants And Young Children.
Section 245A.145 — Child Care Program Reporting Notification.
Section 245A.146 — Crib Safety Requirements.
Section 245A.147 — Family Child Care Infant Sleep Supervision Requirements.
Section 245A.148 — Family Child Care Diapering Area Disinfection.
Section 245A.149 — Supervision Of Family Child Care License Holder's Own Child.
Section 245A.15 — Regulation Of Family Day Care By Local Government.
Section 245A.151 — Fire Marshal Inspection.
Section 245A.1511 — Contractors Serving Multiple Family Child Care License Holders.
Section 245A.152 — Child Care License Holder Insurance.
Section 245A.155 — Care Of Individuals On Medical Monitoring Equipment.
Section 245A.156 — Disclosure Of Communicable Disease.
Section 245A.16 — Standards For County Agencies And Private Agencies.
Section 245A.167 — Public Funds Program Integrity Monitoring.
Section 245A.18 — Child Passenger Restraint Systems.
Section 245A.19 — Hiv Training In Substance Use Disorder Treatment Program.
Section 245A.191 — Provider Eligibility For Payments From The Behavioral Health Fund.
Section 245A.22 — Independent Living Assistance For Youth.
Section 245A.23 — Positive Support Strategies; Child Care.
Section 245A.24 — Mandatory Reporting.
Section 245A.26 — Children's Residential Facility Crisis Stabilization Services.
Section 245A.30 — Licensing Prohibition For Certain Facilities Serving Children.
Section 245A.40 — Child Care Center Training Requirements.
Section 245A.41 — Child Care Center Health And Safety Requirements.
Section 245A.50 — Family Child Care Training Requirements.
Section 245A.51 — Family Child Care Health And Safety Requirements.
Section 245A.52 — Family Child Care Physical Space Requirements.
Section 245A.53 — Substitute Caregivers And Replacements In Family Child Care.
Section 245A.65 — Maltreatment Of Vulnerable Adults.
Section 245A.66 — Requirements; Maltreatment Of Minors.
Section 245A.70 — Remote Adult Day Services.
Section 245A.71 — Applicability And Scope.
Section 245A.72 — Record Requirements.
Section 245A.73 — Remote Adult Day Services Staff.