Minnesota Legislature
HF 3614
as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 02:28pm
Bill Text Versions
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| Introduction | Posted on 03/24/2016 |
Current Version - as introduced
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A bill for an act
relating to health; removing obsolete references to classes of home care licensure
and repealed home care licensure rules; amending Minnesota Statutes 2014,
sections 144D.01, subdivision 2a; 144G.03, subdivisions 2, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 144D.01, subdivision 2a, is amended to
read:
Subd. 2a.
Arranged home care provider.
"Arranged home care provider" means
a home care provider licensed under deleted text begin Minnesota Rules, chapter 4668,deleted text end new text begin chapter 144Anew text end that
provides services to some or all of the residents of a housing with services establishment
and that is either the establishment itself or another entity with which the establishment
has an arrangement.
Sec. 2.
Minnesota Statutes 2014, section 144G.03, subdivision 2, is amended to read:
Subd. 2.
Minimum requirements for assisted living.
(a) Assisted living shall
be provided or made available only to individuals residing in a registered housing with
services establishment. Except as expressly stated in this chapter, a person or entity
offering assisted living may define the available services and may offer assisted living to
all or some of the residents of a housing with services establishment. The services that
comprise assisted living may be provided or made available directly by a housing with
services establishment or by persons or entities with which the housing with services
establishment has made arrangements.
(b) A person or entity entitled to use the phrase "assisted living," according to
section 144G.02, subdivision 1, shall do so only with respect to a housing with services
establishment, or a service, service package, or program available within a housing with
services establishment that, at a minimum:
(1) provides or makes available health-related services under a deleted text begin class A or class Fdeleted text end
home care license. At a minimum, health-related services must include:
(i) deleted text begin assistance with self-administration ofdeleted text end medication deleted text begin as defined in Minnesota Rules,
part 4668.0003, subpart 2a,deleted text end new text begin managementnew text end or medication administration as defined deleted text begin in
Minnesota Rules, part 4668.0003, subpart 21adeleted text end new text begin in section 144A.43new text end ; and
(ii) assistance with at least three of the following seven activities of daily living:
bathing, dressing, grooming, eating, transferring, continence care, and toileting.
All health-related services shall be provided in a manner that complies with applicable
home care licensure requirements in chapter 144Adeleted text begin ,deleted text end new text begin andnew text end sections 148.171 to 148.285deleted text begin , and
Minnesota Rules, chapter 4668deleted text end ;
(2) provides necessary assessments of the physical and cognitive needs of assisted
living clients by a registered nurse, as required by applicable home care licensure
requirements in chapter 144Adeleted text begin ,deleted text end new text begin andnew text end sections 148.171 to 148.285deleted text begin , and Minnesota Rules,
chapter 4668deleted text end ;
(3) has and maintains a system for delegation of health care activities to unlicensed
deleted text begin assistive health caredeleted text end personnel by a registered nurse, including supervision and evaluation
of the delegated activities as required by applicable home care licensure requirements in
chapter 144Adeleted text begin ,deleted text end new text begin andnew text end sections 148.171 to 148.285deleted text begin , and Minnesota Rules, chapter 4668deleted text end ;
(4) provides staff access to an on-call registered nurse 24 hours per day, seven
days per week;
(5) has and maintains a system to check on each assisted living client at least daily;
(6) provides a means for assisted living clients to request assistance for health and
safety needs 24 hours per day, seven days per week, from the establishment or a person or
entity with which the establishment has made arrangements;
(7) has a person or persons available 24 hours per day, seven days per week, who
is responsible for responding to the requests of assisted living clients for assistance with
health or safety needs, who shall be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus
with the housing with services establishment in order to respond within a reasonable
amount of time;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate
assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the following supportive services
to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the client, reasonable assistance with arranging for
transportation to medical and social services appointments, and the name of or other
identifying information about the person or persons responsible for providing this
assistance;
(v) upon the request of the client, reasonable assistance with accessing community
resources and social services available in the community, and the name of or other
identifying information about the person or persons responsible for providing this
assistance; and
(vi) periodic opportunities for socialization; and
(9) makes available to all prospective and current assisted living clients information
consistent with the uniform format and the required components adopted by the
commissioner under section 144G.06. This information must be made available beginning
no later than six months after the commissioner makes the uniform format and required
components available to providers according to section 144G.06.
Sec. 3.
Minnesota Statutes 2014, section 144G.03, subdivision 4, is amended to read:
Subd. 4.
Nursing assessment.
(a) A housing with services establishment offering or
providing assisted living shall:
(1) offer to have the arranged home care provider conduct a nursing assessment by
a registered nurse of the physical and cognitive needs of the prospective resident and
propose a deleted text begin service agreement ordeleted text end service plan prior to the date on which a prospective
resident executes a contract with a housing with services establishment or the date on
which a prospective resident moves in, whichever is earlier; and
(2) inform the prospective resident of the availability of and contact information for
long-term care consultation services under section 256B.0911, prior to the date on which a
prospective resident executes a contract with a housing with services establishment or the
date on which a prospective resident moves in, whichever is earlier.
(b) An arranged home care provider is not obligated to conduct a nursing assessment
by a registered nurse when requested by a prospective resident if either the geographic
distance between the prospective resident and the provider, or urgent or unexpected
circumstances, do not permit the assessment to be conducted prior to the date on which
the prospective resident executes a contract or moves in, whichever is earlier. When such
circumstances occur, the arranged home care provider shall offer to conduct a telephone
conference whenever reasonably possible.
(c) The arranged home care provider shall comply with applicable home care
licensure requirements in chapter 144Adeleted text begin ,deleted text end new text begin andnew text end sections 148.171 to 148.285, deleted text begin and Minnesota
Rules, chapter 4668,deleted text end with respect to the provision of a nursing assessment prior to the
delivery of nursing services and the execution of a home care service plan or service
agreement.