HF 2174

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 03:05pm

A bill for an act
relating to health; specifying investigative authority in response to reports of
maltreatment of vulnerable adults in federally certified facilities; amending
Minnesota Statutes 2022, section 626.557, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 10c. new text end

new text begin Federal equivalency. new text end

new text begin (a) The requirements contained in subdivisions 9b,
9c, 9d, 10b, and 12b, paragraph (b), shall not apply to the commissioner of health in
responding to reports made regarding federally certified facilities. Responses to reports
regarding federally certified facilities shall be governed by the applicable federal regulations
for surveying and investigating such facilities.
new text end

new text begin (b) The Code of Federal Regulations, title 42, sections 483 and 488, and the Centers for
Medicare and Medicaid Services, State Operations Manual, Chapter 7 and Appendix PP,
are considered equivalent to the Minnesota Vulnerable Adults Act in meeting the public
policy of protecting vulnerable adults as required in subdivision 1. Violations of the federal
regulations may result in enforcement actions under section 144A.10.
new text end