HF 2694

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/31/2016 04:27pm

A bill for an act
relating to health; modifying exclusions from home care licensure; amending
Minnesota Statutes 2014, section 144A.471, subdivision 9.

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

Section 1.

Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to
read:

Subd. 9.

Exclusions from home care licensure.

The following are excluded from
home care licensure and are not required to provide the home care bill of rights:

(1) an individual or business entity providing only coordination of home care that
includes one or more of the following:

(i) determination of whether a client needs home care services, or assisting a client
in determining what services are needed;

(ii) referral of clients to a home care provider;

(iii) administration of payments for home care services; or

(iv) administration of a health care home established under section 256B.0751;

(2) an individual who is not an employee of a licensed home care provider if the
individual:

(i) only provides services as an independent contractor to one or more licensed
home care providers;

(ii) provides no services under direct agreements or contracts with clients; and

(iii) is contractually bound to perform services in compliance with the contracting
home care provider's policies and service plans;

(3) a business that provides staff to home care providers, such as a temporary
employment agency, if the business:

(i) only provides staff under contract to licensed or exempt providers;

(ii) provides no services under direct agreements with clients; and

(iii) is contractually bound to perform services under the contracting home care
provider's direction and supervision;

(4) any home care services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means, or by prayer
for healing;

(5) an individual who only provides home care services to a relative;

(6) an individual not connected with a home care provider that provides assistance
with basic home care needs if the assistance is provided primarily as a contribution and
not as a business;

(7) an individual not connected with a home care provider that shares housing with
and provides primarily housekeeping or homemaking services to an elderly or disabled
person in return for free or reduced-cost housing;

(8) an individual or provider providing home-delivered meal services;

(9) an individual providing senior companion services and other older American
volunteer programs (OAVP) established under the Domestic Volunteer Service Act of
1973, United States Code, title 42, chapter 66;

(10) an employee of a nursing home new text begin or home care provider new text end licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56
who responds to occasional emergency calls from individuals residing in a residential
setting that is attached to or located on property contiguous to the nursing home deleted text begin or deleted text end new text begin , new text end
boarding care home new text begin , or location where home care services are also provided new text end ;

new text begin (11) an employee of a nursing home or home care provider licensed under this
chapter or an employee of a boarding care home licensed under sections 144.50 to
144.56 who provides occasional minor services free of charge to individuals residing in
a residential setting that is attached to or located on property contiguous to the nursing
home, boarding care home, or location where home care services are also provided, for the
occasional minor services provided free of charge;
new text end

deleted text begin (11) deleted text end new text begin (12) new text end a member of a professional corporation organized under chapter 319B that
does not regularly offer or provide home care services as defined in section 144A.43,
subdivision 3;

deleted text begin (12) deleted text end new text begin (13) new text end the following organizations established to provide medical or surgical
services that do not regularly offer or provide home care services as defined in section
144A.43, subdivision 3: a business trust organized under sections 318.01 to 318.04,
a nonprofit corporation organized under chapter 317A, a partnership organized under
chapter 323, or any other entity determined by the commissioner;

deleted text begin (13) deleted text end new text begin (14) new text end an individual or agency that provides medical supplies or durable medical
equipment, except when the provision of supplies or equipment is accompanied by a
home care service;

deleted text begin (14) deleted text end new text begin (15) new text end a physician licensed under chapter 147;

deleted text begin (15) deleted text end new text begin (16) new text end an individual who provides home care services to a person with a
developmental disability who lives in a place of residence with a family, foster family, or
primary caregiver;

deleted text begin (16) deleted text end new text begin (17) new text end a business that only provides services that are primarily instructional and
not medical services or health-related support services;

deleted text begin (17) deleted text end new text begin (18) new text end an individual who performs basic home care services for no more than
14 hours each calendar week to no more than one client;

deleted text begin (18) deleted text end new text begin (19) new text end an individual or business licensed as hospice as defined in sections 144A.75
to 144A.755 who is not providing home care services independent of hospice service;

deleted text begin (19) deleted text end new text begin (20) new text end activities conducted by the commissioner of health or a community health
board as defined in section 145A.02, subdivision 5, including communicable disease
investigations or testing; or

deleted text begin (20) deleted text end new text begin (21) new text end administering or monitoring a prescribed therapy necessary to control or
prevent a communicable disease, or the monitoring of an individual's compliance with a
health directive as defined in section 144.4172, subdivision 6.