HF 1422

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:40pm

A bill for an act
relating to human services; modifying requirements for providers of home
and community-based services; amending Minnesota Statutes 2012, sections
245D.06, subdivision 1; 245D.09, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 245D.06, subdivision 1, is amended to read:

Subdivision 1.

Incident response and reporting.

(a) The license holder must
respond to all incidents under section 245D.02, subdivision 11, that occur while providing
services to protect the health and safety of and minimize risk of harm to the person.

(b) The license holder must maintain information about and report incidents to the
person's legal representative or designated emergency contact and case manager within 24
hours of an incident occurring while services are being provided, or within 24 hours of
discovery or receipt of information that an incident occurred, unless the license holder has
reason to know that the incident has already been reported. An incident of suspected or
alleged maltreatment must be reported as required under paragraph (d), and an incident of
serious injury or death must be reported as required under paragraph (e).

(c) When the incident involves more than one person, the license holder must not
disclose personally identifiable information about any other person when making the report
to each person and case manager unless the license holder has the consent of the person.

(d) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the case manager of the report unless there is
reason to believe that the case manager is involved in the suspected maltreatment. The
license holder must disclose the nature of the activity or occurrence reported and the
agency that received the report.

(e) The license holder must report the death or serious injury of the person to
the legal representative, if any, and case manager, the Department of Human Services
Licensing Division, and the Office of Ombudsman for Mental Health and Developmental
Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death,
or receipt of information that the death occurred, unless the license holder has reason to
know that the death has already been reported.

new text begin (f) The license holder must report incidents when law enforcement has responded
to the residence to each resident's legal representative or designated emergency contact
within 24 hours of the law enforcement response.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end The license holder must conduct a review of incident reports, for identification
of incident patterns, and implementation of corrective action as necessary to reduce
occurrences.

Sec. 2.

Minnesota Statutes 2012, section 245D.09, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Identification. new text end

new text begin All direct service staff, including volunteers and
subcontractors, must wear visible identification while on duty.
new text end

Sec. 3. new text begin STAKEHOLDER WORK GROUPS.
new text end

new text begin When the commissioner establishes a work group to provide input on department
procedures, policies, or rate setting, the commissioner shall appoint an equal number of
service recipient family members and providers.
new text end