Minnesota Administrative Rules

4668.0012 LICENSURE.

Subpart 1.

License issued.

If a provider complies with the requirements of this chapter and Minnesota Statutes, sections 144A.43 to 144A.47, the commissioner shall issue to the provider a certificate of licensure that will contain:

A.

the provider's name and address;

B.

the class of license as provided in subpart 3;

C.

the beginning and expiration dates; and

D.

a unique license number.

Subp. 2.

Multiple units.

Multiple units of a provider must share the same management that supervises and administers services provided by all units. Multiple units of a provider must be separately licensed if the commissioner determines that the units cannot adequately share supervision and administration of services with the main office because of distinct organizational structures.

Subp. 3.

Classes of licenses.

In issuing a license under this part, the commissioner shall assign a license classification according to items A and B. A provider performing only home management tasks must be registered according to Minnesota Statutes, section 144A.461, and need not obtain a home care license.

A.

A provider must apply for one of the classes of the home care license listed in subitems (1) to (5).

(1)

Class A, or professional home care agency license. Under this license, a provider may provide all home care services in a place of residence, including a residential center, at least one of which is nursing, physical therapy, speech therapy, respiratory therapy, occupational therapy, nutritional services, medical social services, home health aide tasks, or the provision of medical supplies and equipment when accompanied by the provision of a home care service.

(2)

Class B, or paraprofessional agency license. Under this license, a provider may perform home care aide tasks and home management tasks, as provided by parts 4668.0110 and 4668.0120.

(3)

Class C, or individual paraprofessional license. Under this license, a provider may perform home health aide, home care aide, and home management tasks.

(4)

Class E, or assisted living programs license. Under this license, a provider may only provide assisted living services to residents of a residential center.

(5)

Class F home care provider license. Under this license, a provider may provide assisted living home care services solely for residents of one or more registered housing with services establishments, as provided by Minnesota Statutes, section 144A.4605.

B.

If a provider meets the requirements of more than one license class, the commissioner shall issue to the provider a separate license for each applicable class of home care licensure.

Subp. 4.

Applicability of rules to classes.

A.

A class A licensee must comply with parts 4668.0002 to 4668.0180, and 4668.0218 to 4668.0240, except that one certified for Medicare as a home health agency under Code of Federal Regulations, title 42, part 484, need not comply with the requirements listed in part 4668.0180, subpart 10.

B.

A class B licensee must comply with parts 4668.0002 to 4668.0080, 4668.0110 to 4668.0170, 4668.0190, and 4668.0218 to 4668.0240.

C.

A class C licensee must comply with parts 4668.0002 to 4668.0035, 4668.0050 to 4668.0065, 4668.0075 to 4668.0170, 4668.0200, and 4668.0218 to 4668.0240.

D.

A class E licensee must comply with parts 4668.0002 to 4668.0080, 4668.0110 to 4668.0170, 4668.0215, and 4668.0218 to 4668.0240.

E.

A class F home care provider licensee must comply with parts 4668.0002 to 4668.0050, 4668.0065, 4668.0070, 4668.0170, 4668.0218 to 4668.0240, and 4668.0800 to 4668.0870.

Subp. 5.

New license.

A license shall be issued to an applicant that is not currently licensed if the applicant completes the application, pays the fee in full, and complies with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47. A license is effective for one year after the date the license is issued.

Subp. 6.

License application.

To apply for a license under this chapter, an applicant must follow the procedures in items A and B.

A.

An applicant for a license under this chapter must provide the following information on forms provided by the commissioner:

(1)

the applicant's name and address, including the name of the county in which the applicant resides or has its principal place of business;

(2)

address and telephone number of the principal administrative office;

(3)

address and telephone number of each branch office, if any;

(4)

names and addresses of all owners and managerial officials;

(5)

documentation of compliance with the background study requirements of Minnesota Statutes, section 144A.46, subdivision 5, for all persons involved in the management, operation, or control of a provider;

(6)

evidence of workers' compensation coverage, as required by Minnesota Statutes, sections 176.181 and 176.182;

(7)

in the case of class C applicants, proof that the applicant is not contagious with tuberculosis, as required by part 4668.0065, subparts 1 and 2;

(8)

in the case of class C applicants, proof that the applicant has met any applicable training and supervision requirements for paraprofessionals, as provided by parts 4668.0100 and 4668.0110; and

(9)

a list of those home care services listed in Minnesota Statutes, section 144A.43, subdivision 3, or 144A.4605, that will be made available to clients.

B.

An application on behalf of a corporation, association, or unit of government must be signed by an officer or managing agent.

Subp. 7.

Agent.

Each application for a home care provider license or for renewal of a home care provider license shall designate one or more owners, managerial officials, or employees, as an agent:

A.

who is authorized to transact business with the commissioner of health on all matters provided for in this chapter and Minnesota Statutes, sections 144A.43 to 144A.47; and

B.

upon whom all notices and orders shall be served, and who is authorized to accept service of notices and orders on behalf of the licensee, in proceedings under this chapter and Minnesota Statutes, sections 144A.43 to 144A.47.

The designation of one or more persons under this subpart shall not affect the legal responsibility of any other owner or managerial official under this chapter and Minnesota Statutes, sections 144A.43 to 144A.47.

Subp. 8.

Notification of changes in information.

The licensee shall notify the commissioner in writing within ten working days after any change in the information required to be provided by subparts 6 and 7, except for the information required by subpart 6, item A, subitem (4), which will be required at the time of license renewal, and except for services reported under subpart 6, item A, subitem (9), that are discontinued for less than 90 days.

Subp. 9.

Application processing.

The commissioner shall process an application in the manner provided by Minnesota Statutes, section 144A.46, subdivision 1, paragraph (b). No application shall be processed without payment of the license fee in full, in the amount provided by subpart 18.

Subp. 10.

Prelicensing survey.

Before granting a license, the commissioner may investigate the applicant for compliance with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47.

Subp. 11.

Denial of license.

A license shall be denied if:

A.

the applicant; an owner of the applicant, individually or as an owner of another home care provider; or another home care provider of which an owner of the applicant also was or is an owner; has ever been issued a correction order for failing to assist its clients, in violation of part 4668.0050, subpart 2, upon the licensee's decision to cease doing business as a home care provider;

B.

the applicant is not in compliance with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47;

C.

the applicant is disqualified under Minnesota Statutes, sections 144.057 and 245A.04;

D.

the applicant or an owner or managerial official has been unsuccessful in having a disqualification under Minnesota Statutes, section 144.057 or 245A.04, set aside; or

E.

the commissioner determines that an owner or managerial official, as an owner or managerial official of another licensee, was substantially responsible for the other licensee's failure to substantially comply with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47.

Subp. 12.

Change of classification.

A licensee may change to a different class of license under subpart 3, by submitting a new application under subpart 6 and meeting all applicable requirements of this chapter. An application under this subpart shall be accompanied by the fee provided by subpart 18.

Subp. 13.

License renewals.

Except as provided in subpart 14 or 15, a license will be renewed for a period of one year if the licensee satisfies items A to C. The licensee must:

A.

submit an application for renewal on forms provided by the commissioner at least 30 days before expiration of the license;

B.

submit the renewal fee, in the amount provided by subpart 18; and

C.

comply with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47.

Subp. 14.

Conditional license.

If a licensee is not in full compliance with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47, at the time of expiration of its license, and the violations do not warrant denial of renewal of the license, the commissioner shall issue a license for a limited period conditioned on the licensee achieving full compliance within the term of the license or the term of any correction orders.

Subp. 15.

Suspension, revocation, or denial of renewal of license.

The commissioner may deny renewal of a license, or may suspend, revoke, or make conditional a license, if the licensee, or an owner or managerial official of the licensee:

A.

is in violation, or during the term of the license has violated, any of the requirements of this chapter or Minnesota Statutes, sections 144A.43 to 144A.47;

B.

permits, aids, or abets the commission of any illegal act in the provision of home care;

C.

performs any act detrimental to the welfare of a client;

D.

obtained the license by fraud or misrepresentation;

E.

knowingly made or makes a false statement of a material fact in the application for a license or in any other record or report required by this chapter;

F.

denies representatives of the commissioner access to any part of the provider, its books, records, or files, or employees;

G.

interferes with or impedes a representative of the commissioner in contacting the provider's clients;

H.

interferes with or impedes a representative of the commissioner in the enforcement of this chapter and Minnesota Statutes, sections 144A.43 to 144A.47;

I.

destroys or makes unavailable any records or other evidence relating to the licensee's compliance with this chapter and Minnesota Statutes, sections 144A.43 to 144A.47;

J.

refuses to initiate a background study under Minnesota Statutes, section 144.057 or 245A.04; or

K.

has failed to timely pay any fines assessed under part 4668.0230 or 4668.0800, subpart 6.

Subp. 16.

Transfers prohibited; changes in ownership.

A license issued under this part may not be transferred to another party. Before changing ownership, a prospective provider must apply for a new license under this part. A change of ownership means a transfer of operational control to a different business entity, and includes:

A.

transfer of the business to a different or new corporation;

B.

in the case of a partnership, the dissolution or termination of the partnership under Minnesota Statutes, chapter 323A, with the business continuing by a successor partnership or other entity;

C.

relinquishment of control of the provider by the licensee to another party, including to a contract management firm that is not under the control of the owner of the business' assets;

D.

transfer of the business by a sole proprietor to another party or entity; or

E.

in the case of a privately held corporation, the change in ownership or control of 50 percent or more of the outstanding voting stock.

Subp. 17.

Display of license.

The original license must be displayed in the provider's principal business office and copies must be displayed in all other offices. The licensee must provide a copy of the license to any person who requests it.

Subp. 18.

Fees.

Each application for a license must include payment in full of the fee according to the schedule in chapter 4669.

Statutory Authority:

MS s 144A.45; 144A.46; 144A.47; 144A.48; 144A.752

History:

17 SR 2454; L 1997 c 174 art 12 s 70; 24 SR 141; 28 SR 1639; L 2006 c 282 art 19 s 19

Published Electronically:

July 3, 2013