1999 Minnesota Statutes

     157.17 Additional registration required for boarding and 
  lodging establishments or lodging establishments; special 
  services. 

    Subdivision 1.    Definitions.  (a) "Supportive services"
 means the provision of supervision and minimal assistance with 
 independent living skills such as social and recreational 
 opportunities, assistance with transportation, arranging for 
 meetings and appointments, and arranging for medical and social 
 services.  Supportive services also include providing reminders 
 to residents to take medications that are self-administered or 
 providing storage for medications if requested. 

    (b) "Health supervision services" means the provision of 
 assistance in the preparation and administration of medications 
 other than injectables, the provision of therapeutic diets, 
 taking vital signs, or providing assistance in dressing, 
 grooming, bathing, or with walking devices. 

    Subd. 2.    Registration.  At the time of licensure or 
 license renewal, a boarding and lodging establishment or a 
 lodging establishment that provides supportive services or 
 health supervision services must be registered with the 
 commissioner, and must register annually thereafter.  The 
 registration must include the name, address, and telephone 
 number of the establishment, the name of the operator, the types 
 of services that are being provided, a description of the 
 residents being served, the type and qualifications of staff in 
 the facility, and other information that is necessary to 
 identify the needs of the residents and the types of services 
 that are being provided.  The commissioner shall develop and 
 furnish to the boarding and lodging establishment or lodging 
 establishment the necessary form for submitting the registration.

    Housing with services establishments registered under 
 chapter 144D shall be considered registered under this section 
 for all purposes except that: 

    (1) the establishments shall operate under the requirements 
 of chapter 144D; and 

    (2) the criminal background check requirements of sections 
 299C.66 to 299C.71 apply.  The criminal background check 
 requirements of section 144.057 apply only to personnel 
 providing home care services under sections 144A.43 to 144A.48. 

    Subd. 3.    Restriction on the provision of services.  A 
 boarding and lodging establishment or lodging establishment 
 registered under subdivision 2 may provide health supervision 
 services only if a licensed nurse is on site in the 
 establishment for at least four hours a week to provide 
 monitoring of health supervision services for the residents.  A 
 boarding and lodging establishment or lodging establishment that 
 admits or retains residents using wheelchairs or walkers must 
 have the necessary clearances from the office of the state fire 
 marshal.  

    Subd. 4. Repealed, 1998 c 254 art 1 s 57 

    Subd. 5.    Services that may not be provided in a 
 boarding and lodging establishment or lodging establishment.  
 Except those facilities registered under chapter 144D, a 
 boarding and lodging establishment or lodging establishment may 
 not admit or retain individuals who: 

    (1) would require assistance from establishment staff 
 because of the following needs:  bowel incontinence, catheter 
 care, use of injectable or parenteral medications, wound care, 
 or dressing changes or irrigations of any kind; or 

    (2) require a level of care and supervision beyond 
 supportive services or health supervision services. 

    Subd. 6.    Certain individuals may provide services.  
 This section does not prohibit the provision of health care 
 services to residents of a boarding and lodging establishment or 
 lodging establishment by family members of the resident or by a 
 registered or licensed home care agency employed by the resident.

    Subd. 7.    Exemption for establishments with a human 
 services license.  This section does not apply to a boarding 
 and lodging establishment or lodging establishment that is 
 licensed by the commissioner of human services under chapter 
 245A.  

    Subd. 8.    Violations.  The commissioner may revoke the 
 establishment license if the establishment is found to be in 
 violation of this section.  Violation of this section is a gross 
 misdemeanor. 

    HIST: 1995 c 207 art 9 s 43; 1996 c 451 art 4 s 57; 1997 c 113 
 s 14,15; 1998 c 254 art 1 s 55,56