HF 2052

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 12:21pm

A bill for an act
relating to health; aligning home care survey with assisted living licensure survey;
amending Minnesota Statutes 2022, sections 144A.474, subdivisions 3, 9, 12;
144A.4791, subdivision 10.

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

Section 1.

Minnesota Statutes 2022, section 144A.474, subdivision 3, is amended to read:

Subd. 3.

Survey process.

The survey process for core surveys shall include the following
as applicable to the particular licensee and setting surveyed:

(1) presurvey review of pertinent documents and notification to the ombudsman for
long-term care;

(2) an entrance conference with available staff;

(3) communication with managerial officials or the registered nurse in charge, if available,
and ongoing communication with key staff throughout the survey regarding information
needed by the surveyor, clarifications regarding home care requirements, and applicable
standards of practice;

(4) presentation of written contact information to the provider about the survey staff
conducting the survey, the supervisor, and the process for requesting a reconsideration of
the survey results;

(5) a brief tour deleted text begin of a sample deleted text end of the deleted text begin housing with services deleted text end establishments in which the
provider is providing home care services;

(6) a sample selection of home care clients;

(7) information-gathering through client and staff observations, client and staff interviews,
and reviews of records, policies, procedures, practices, and other agency information;

(8) interviews of clients' family members, if available, with clients' consent when the
client can legally give consent; new text begin and
new text end

deleted text begin (9) except for complaint surveys conducted by the Office of Health Facilities Complaints,
an on-site exit conference, with preliminary findings shared and discussed with the provider,
documentation that an exit conference occurred, and written information provided on the
process for requesting a reconsideration of the survey results; and
deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end postsurvey analysis of findings and formulation of survey results, including
correction orders when applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144A.474, subdivision 9, is amended to read:

Subd. 9.

Follow-up surveys.

For providers that have Level 3 or Level 4 violations under
subdivision 11, deleted text begin or any violations determined to be widespread, deleted text end the department shall conduct
a follow-up survey within 90 calendar days of the survey. When conducting a follow-up
survey, the surveyor will focus on whether the previous violations have been corrected and
may also address any new violations that are observed while evaluating the corrections that
have been made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 144A.474, subdivision 12, is amended to read:

Subd. 12.

Reconsideration.

(a) The commissioner shall make available to home care
providers a correction order reconsideration process. This process may be used to challenge
the correction order issued, including the level and scope described in subdivision 11, and
any fine assessed. During the correction order reconsideration request, the issuance for the
correction orders under reconsideration are not stayed, but the department shall post
information on the website with the correction order that the licensee has requested a
reconsideration and that the review is pending.

(b) A licensed home care provider may request from the commissioner, in writing, a
correction order reconsideration regarding any correction order issued to the provider. The
written request for reconsideration must be received by the commissioner within 15 deleted text begin calendar deleted text end new text begin
business new text end days of the correction order receipt date. The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the date
the provider requests a reconsideration. The commissioner's response shall identify the
commissioner's decision regarding each citation challenged by the home care provider.

(c) The findings of a correction order reconsideration process shall be one or more of
the following:

(1) supported in full, the correction order is supported in full, with no deletion of findings
to the citation;

(2) supported in substance, the correction order is supported, but one or more findings
are deleted or modified without any change in the citation;

(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;

(4) correction order was issued under an incorrect citation, the correction order is amended
to be issued under the more appropriate correction order citation;

(5) the correction order is rescinded;

(6) fine is amended, it is determined that the fine assigned to the correction order was
applied incorrectly; or

(7) the level or scope of the citation is modified based on the reconsideration.

(d) If the correction order findings are changed by the commissioner, the commissioner
shall update the correction order website.

(e) This subdivision does not apply to temporary licensees.

Sec. 4.

Minnesota Statutes 2022, section 144A.4791, subdivision 10, is amended to read:

Subd. 10.

Termination of service plan.

(a) If a home care provider terminates a service
plan with a client, and the client continues to need home care services, the home care provider
shall provide the client and the client's representative, if any, with a written notice of
termination which includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

new text begin (3) a statement that the client may contact the Office of Ombudsman for Long-Term
Care to request an advocate to assist regarding the termination and contact information for
the office, including the office's central telephone number;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end a list of known licensed home care providers in the client's immediate geographic
area;

deleted text begin (4) deleted text end new text begin (5) new text end a statement that the home care provider will participate in a coordinated transfer
of care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);

deleted text begin (5) deleted text end new text begin (6) new text end the name and contact information of a person employed by the home care provider
with whom the client may discuss the notice of termination; and

deleted text begin (6) deleted text end new text begin (7) new text end if applicable, a statement that the notice of termination of home care services
does not constitute notice of termination of the housing with services contract with a housing
with services establishment.

(b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.