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Capital IconMinnesota Legislature

HF 4458

as introduced - 90th Legislature (2017 - 2018) Posted on 05/01/2018 10:17am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; establishing the Vulnerable Adult Maltreatment Prevention and
Accountability Act; modifying provisions governing nursing homes, home care
providers, housing with services establishments, and assisted living services;
modifying requirements related to reporting maltreatment of vulnerable adults;
modifying requirements for data sharing and data classifications; modifying a
criminal penalty; establishing working groups; requiring reports; amending
Minnesota Statutes 2016, sections 144.6501, subdivision 3, by adding a subdivision;
144.651, subdivisions 1, 2, 4, 14, 16, 20, 21; 144A.10, subdivision 1; 144A.44,
subdivision 1; 144A.442; 144A.45, subdivisions 1, 2; 144A.473, subdivision 2;
144A.474, subdivisions 2, 8, 9; 144A.4791, subdivision 10; 144A.53, subdivisions
1, 4, by adding subdivisions; 144D.01, subdivision 1; 144D.02; 144D.04, by adding
a subdivision; 144G.01, subdivision 1; 325F.71; 609.2231, subdivision 8; 626.557,
subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 10b, 12b, 14, 17; 626.5572, subdivision 6;
Minnesota Statutes 2017 Supplement, sections 144A.10, subdivision 4; 144A.474,
subdivision 11; 144D.04, subdivision 2; 256.045, subdivisions 3, 4; proposing
coding for new law in Minnesota Statutes, chapters 144; 144D; 144G; repealing
Minnesota Statutes 2016, section 256.021.

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

Section 1. new text beginCITATION.
new text end

new text begin Sections 1 to 61 may be cited as the "Vulnerable Adult Maltreatment Prevention and
Accountability Act of 2018."
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.6501, subdivision 3, is amended to read:


Subd. 3.

Contracts of admission.

(a) A facility shall make complete unsigned copies
of its admission contract available to potential applicants and to the state or local long-term
care ombudsman immediately upon request.

(b) A facility shall post conspicuously within the facility, in a location accessible to
public view, either a complete copy of its admission contract or notice of its availability
from the facility.

(c) An admission contract must be printed in black type of at least ten-point type size.
The facility shall give a complete copy of the admission contract to the resident or the
resident's legal representative promptly after it has been signed by the resident or legal
representative.

new text begin (d) The admission contract must contain the name, address, and contact information of
the current owner, manager, and if different from the owner, license holder of the facility,
and the name and physical mailing address of at least one natural person who is authorized
to accept service of process.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end An admission contract is a consumer contract under sections 325G.29 to 325G.37.

deleted text begin (e)deleted text endnew text begin (f)new text end All admission contracts must state in bold capital letters the following notice to
applicants for admission: "NOTICE TO APPLICANTS FOR ADMISSION. READ YOUR
ADMISSION CONTRACT. ORAL STATEMENTS OR COMMENTS MADE BY THE
FACILITY OR YOU OR YOUR REPRESENTATIVE ARE NOT PART OF YOUR
ADMISSION CONTRACT UNLESS THEY ARE ALSO IN WRITING. DO NOT RELY
ON ORAL STATEMENTS OR COMMENTS THAT ARE NOT INCLUDED IN THE
WRITTEN ADMISSION CONTRACT."

Sec. 3.

Minnesota Statutes 2016, section 144.6501, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Changes to contracts of admission. new text end

new text begin Within 30 days of a change in ownership,
management, or license holder, the facility must provide prompt written notice to the resident
or resident's legal representative of a new owner, manager, and if different from the owner,
license holder of the facility, and the name and physical mailing address of any new or
additional natural person not identified in the admission contract who is newly authorized
to accept service of process.
new text end

Sec. 4.

Minnesota Statutes 2016, section 144.651, subdivision 1, is amended to read:


Subdivision 1.

Legislative intent.

It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. new text beginIt is the intent of this section that every patient's and resident's civil and
religious liberties, including the right to independent personal decisions and knowledge of
available choices, must not be infringed and that the facility must encourage and assist in
the fullest possible exercise of these rights. The rights provided under this section are
established for the benefit of patients and residents.
new text endNo health care facility may require new text beginor
request
new text enda patient or resident to waive new text beginany of new text endthese rightsnew text begin at any time or for any reason
including
new text end as a condition of admission to the facility. Any guardian or conservator of a patient
or resident or, in the absence of a guardian or conservator, an interested person, may seek
enforcement of these rights on behalf of a patient or resident. An interested person may also
seek enforcement of these rights on behalf of a patient or resident who has a guardian or
conservator through administrative agencies or in district court having jurisdiction over
guardianships and conservatorships. Pending the outcome of an enforcement proceeding
the health care facility may, in good faith, comply with the instructions of a guardian or
conservator. deleted text beginIt is the intent of this section that every patient's civil and religious liberties,
including the right to independent personal decisions and knowledge of available choices,
shall not be infringed and that the facility shall encourage and assist in the fullest possible
exercise of these rights.
deleted text end

Sec. 5.

Minnesota Statutes 2016, section 144.651, subdivision 2, is amended to read:


Subd. 2.

Definitions.

new text begin(a) new text endFor the purposes of this section new text beginand section 144.6511new text end, new text beginthe terms
defined in this subdivision have the meanings given them.
new text end

new text begin (b) new text end"Patient" meansnew text begin:
new text end

new text begin (1) new text enda person who is admitted to an acute care inpatient facility for a continuous period
longer than 24 hours, for the purpose of diagnosis or treatment bearing on the physical or
mental health of that persondeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) a minor who is admitted to a residential program as defined in section 253C.01;
new text end

new text begin (3) new text endfor purposes of subdivisions new text begin1, new text end4 to 9, 12, 13, 15, 16, and 18 to 20, deleted text begin"patient" also
means
deleted text end a person who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615deleted text begin. "Patient" also means a minor who is admitted
to a residential program as defined in section 253C.01.
deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of subdivisions 1, 3 to 16, 18, 20 and 30, deleted text begin"patient" also meansdeleted text end any
person who is receiving mental health treatment on an outpatient basis or in a community
support program or other community-based program.

new text begin (c)new text end "Resident" means a person who is admitted tonew text begin:
new text end

new text begin (1)new text end a nonacute care facility including extended care facilitiesdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) a new text endnursing deleted text beginhomes, anddeleted text end new text beginhome;
new text end

new text begin (3) a new text endboarding care deleted text beginhomesdeleted text endnew text begin homenew text end for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing agedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) new text endfor purposes of deleted text beginall subdivisions exceptdeleted text end subdivisions deleted text begin28 and 29, "resident" also means
a person who is admitted to
deleted text end new text begin 1 to 27 and 30 to 33, new text enda facility licensed as a board and lodging
facility under Minnesota Rules, deleted text beginparts 4625.0100 to 4625.2355deleted text endnew text begin chapter 4625new text end, or a supervised
living facility under Minnesota Rules, deleted text beginparts 4665.0100 to 4665.9900deleted text endnew text begin chapter 4665new text end, and
which operates a rehabilitation program licensed under Minnesota Rules, parts deleted text begin9530.6405deleted text endnew text begin
9530.6510
new text end to 9530.6590.

new text begin (d) "Health care facility" or "facility" means:
new text end

new text begin (1) an acute care inpatient facility;
new text end

new text begin (2) a residential program as defined in section 253C.01;
new text end

new text begin (3) for purposes of subdivisions 1, 4 to 9, 12, 13, 15, 16, and 18 to 20, an outpatient
surgical center or a birth center licensed under section 144.615;
new text end

new text begin (4) for purposes of subdivisions 1, 3 to 16, 18, 20, and 30, a setting in which outpatient
mental health services are provided, or a community support program or other
community-based program providing mental health treatment;
new text end

new text begin (5) a nonacute care facility, including extended care facilities;
new text end

new text begin (6) a nursing home;
new text end

new text begin (7) a boarding care home for care required because of prolonged mental or physical
illness or disability, recovery from injury or disease, or advancing age; or
new text end

new text begin (8) for the purposes of subdivisions 1 to 27 and 30 to 33, a facility licensed as a board
and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, or a supervised
living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which operates
a rehabilitation program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590.
new text end

Sec. 6.

Minnesota Statutes 2016, section 144.651, subdivision 4, is amended to read:


Subd. 4.

Information about rights.

new text begin(a) new text endPatients and residents shall, at admission, be
told that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement new text beginin plain language and in terms patients and residents
can understand
new text endof the applicable rights and responsibilities set forth in this section. new text beginThe
written statement must be developed by the commissioner, in consultation with stakeholders,
and must also include the name, address, and telephone number of the state or county agency
to contact for additional information or assistance.
new text endIn the case of patients admitted to
residential programs as defined in section 253C.01, the written statement shall also describe
the right of a person 16 years old or older to request release as provided in section 253B.04,
subdivision 2
, and shall list the names and telephone numbers of individuals and organizations
that provide advocacy and legal services for patients in residential programs.

new text begin (b) new text endReasonable accommodations shall be made for people who have communication
disabilities and those who speak a language other than English.

new text begin (c) new text endCurrent facility policies, inspection findings of state and local health authorities, and
further explanation of the written statement of rights shall be available to patients, residents,
their guardians or their chosen representatives upon reasonable request to the administrator
or other designated staff person, consistent with chapter 13, the Data Practices Act, and
section 626.557, relating to vulnerable adults.

Sec. 7.

Minnesota Statutes 2016, section 144.651, subdivision 14, is amended to read:


Subd. 14.

Freedom from maltreatment.

new text begin(a) new text endPatients and residents shall be free from
maltreatment as defined in the Vulnerable Adults Protection Act. "Maltreatment" means
conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic
infliction of physical pain or injury, or any persistent course of conduct intended to produce
mental or emotional distress. new text beginPatients and residents shall receive notification from the lead
investigative agency regarding a report of alleged maltreatment, disposition of a report, and
appeal rights, as provided under section 626.557, subdivision 9c.
new text end

new text begin (b) new text endEvery patient and resident shall also be free from nontherapeutic chemical and
physical restraints, except in fully documented emergencies, or as authorized in writing
after examination by a patient's or resident's physician for a specified and limited period of
time, and only when necessary to protect the resident from self-injury or injury to others.

Sec. 8.

Minnesota Statutes 2016, section 144.651, subdivision 16, is amended to read:


Subd. 16.

Confidentiality of records.

Patients and residents shall be assured confidential
treatment of their personalnew text begin, financial,new text end and medical records, and may approve or refuse their
release to any individual outside the facility. Residents shall be notified when personal
records are requested by any individual outside the facility and may select someone to
accompany them when the records or information are the subject of a personal interview.
new text begin Patients and residents have a right to access their own records and written information from
those records.
new text endCopies of records and written information from the records shall be made
available in accordance with this subdivision and sections 144.291 to 144.298. This right
does not apply to complaint investigations and inspections by the Department of Health,
where required by third-party payment contracts, or where otherwise provided by law.

Sec. 9.

Minnesota Statutes 2016, section 144.651, subdivision 20, is amended to read:


Subd. 20.

Grievances.

new text begin(a) new text endPatients and residents shall be encouraged and assisted,
throughout their stay in a facility or their course of treatment, to understand and exercise
their rights as patients, residents, and citizens. Patients and residents may voice grievancesnew text begin,
assert the rights granted under this section personally,
new text end and recommend changes in policies
and services to facility staff and others of their choice, free from restraint, interference,
coercion, discrimination, new text beginretaliation, new text endor reprisal, including threat of discharge. deleted text beginNotice of the
grievance procedure of the facility or program, as well as addresses and telephone numbers
for the Office of Health Facility Complaints and the area nursing home ombudsman pursuant
to the Older Americans Act, section 307(a)(12) shall be posted in a conspicuous place.
deleted text end

new text begin (b) The facility must investigate and attempt resolution of the complaint or grievance.
The patient or resident has the right to be informed of the name of the individual who is
responsible for handling grievances.
new text end

new text begin (c) Notice must be posted in a conspicuous place of the facility's or program's grievance
procedure, as well as telephone numbers and, where applicable, addresses for the common
entry point, as defined in section 626.5572, subdivision 5, the protection and advocacy
agency, and the area ombudsman for long-term care pursuant to the Older Americans Act,
section 307(a)(12).
new text end

new text begin (d) new text endEvery acute care inpatient facility, every residential program as defined in section
253C.01, every nonacute care facility, and every facility employing more than two people
that provides outpatient mental health services shall have a written internal grievance
procedure that, at a minimum, sets forth the process to be followed; specifies time limits,
including time limits for facility response; provides for the patient or resident to have the
assistance of an advocate; requires a written response to written grievances; and provides
for a timely decision by an impartial decision maker if the grievance is not otherwise resolved.
Compliance by hospitals, residential programs as defined in section 253C.01 which are
hospital-based primary treatment programs, and outpatient surgery centers with section
144.691 and compliance by health maintenance organizations with section 62D.11 is deemed
to be compliance with the requirement for a written internal grievance procedure.

Sec. 10.

Minnesota Statutes 2016, section 144.651, subdivision 21, is amended to read:


Subd. 21.

Communication privacy.

Patients and residents may associate and
communicate privately with persons of their choice and enter and, except as provided by
the Minnesota Commitment Act, leave the facility as they choose. Patients and residents
shall have access, at their new text beginown new text endexpensenew text begin, unless provided by the facilitynew text end, to writing instruments,
stationery, deleted text beginanddeleted text end postagenew text begin, and Internet servicenew text end. Personal mail shall be sent without interference
and received unopened unless medically or programmatically contraindicated and
documented by the physician in the medical record. There shall be access to a telephone
where patients and residents can make and receive calls as well as speak privately. Facilities
which are unable to provide a private area shall make reasonable arrangements to
accommodate the privacy of patients' or residents' calls. Upon admission to a facility where
federal law prohibits unauthorized disclosure of patient or resident identifying information
to callers and visitors, the patient or resident, or the legal guardian or conservator of the
patient or resident, shall be given the opportunity to authorize disclosure of the patient's or
resident's presence in the facility to callers and visitors who may seek to communicate with
the patient or resident. To the extent possible, the legal guardian or conservator of a patient
or resident shall consider the opinions of the patient or resident regarding the disclosure of
the patient's or resident's presence in the facility. This right is limited where medically
inadvisable, as documented by the attending physician in a patient's or resident's care record.
Where programmatically limited by a facility abuse prevention plan pursuant to section
626.557, subdivision 14, paragraph (b), this right shall also be limited accordingly.

Sec. 11.

new text begin [144.6511] CONSUMER TRANSPARENCY.
new text end

new text begin (a) Deceptive marketing and business practices are prohibited.
new text end

new text begin (b) For the purposes of this section, it is a deceptive practice for a facility to:
new text end

new text begin (1) make any false, fraudulent, deceptive, or misleading statements in marketing,
advertising, or written description or representation of care or services, whether in written
or electronic form;
new text end

new text begin (2) arrange for or provide health care or services other than those contracted for;
new text end

new text begin (3) fail to deliver any care or services the provider or facility promised that the facility
was able to provide;
new text end

new text begin (4) fail to inform the patient or resident in writing of any limitations to care services
available prior to executing a contract for admission;
new text end

new text begin (5) fail to fulfill a written promise that the facility shall continue the same services and
the same lease terms if a private pay resident converts to the elderly waiver program;
new text end

new text begin (6) fail to disclose in writing the purpose of a nonrefundable community fee or other fee
prior to contracting for services with a patient or resident;
new text end

new text begin (7) advertise or represent, in writing, that the facility is or has a special care unit, such
as for dementia or memory care, without complying with training and disclosure requirements
under sections 144D.065 and 325F.72, and any other applicable law; or
new text end

new text begin (8) define the terms "facility," "contract of admission," "admission contract," "admission
agreement," "legal representative," or "responsible party" to mean anything other than the
meanings of those terms under section 144.6501.
new text end

Sec. 12.

Minnesota Statutes 2016, section 144A.10, subdivision 1, is amended to read:


Subdivision 1.

Enforcement authority.

The commissioner of health is the exclusive
state agency charged with the responsibility and duty of inspecting all facilities required to
be licensed under section 144A.02new text begin, and issuing correction orders and imposing fines as
provided in this section, Minnesota Rules, chapter 4658, or any other applicable law
new text end. The
commissioner of health shall enforce the rules established pursuant to sections 144A.01 to
144A.155, subject only to the authority of the Department of Public Safety respecting the
enforcement of fire and safety standards in nursing homes and the responsibility of the
commissioner of human services under sections 245A.01 to 245A.16 or 252.28.

The commissioner may request and must be given access to relevant information, records,
incident reports, or other documents in the possession of a licensed facility if the
commissioner considers them necessary for the discharge of responsibilities. For the purposes
of inspections and securing information to determine compliance with the licensure laws
and rules, the commissioner need not present a release, waiver, or consent of the individual.new text begin
A facility's refusal to cooperate in providing lawfully requested information is grounds for
a correction order or fine.
new text end The identities of patients or residents must be kept private as
defined by section 13.02, subdivision 12.

Sec. 13.

Minnesota Statutes 2017 Supplement, section 144A.10, subdivision 4, is amended
to read:


Subd. 4.

Correction orders.

Whenever a duly authorized representative of the
commissioner of health finds upon inspection of a nursing home, that the facility or a
controlling person or an employee of the facility is not in compliance with sections 144.411
to 144.417, 144.651, 144.6503, 144A.01 to 144A.155, or 626.557 or the rules promulgated
thereunder, a correction order shall be issued to the facility. The correction order shall state
the deficiency, cite the specific rule or statute violated, state the suggested method of
correction, and specify the time allowed for correction. new text beginUpon receipt of a correction order,
a facility shall develop and submit to the commissioner a corrective action plan based on
the correction order. The corrective action plan must specify the steps the facility will take
to correct the violation and to prevent such violations in the future, how the facility will
monitor its compliance with the corrective action plan, and when the facility plans to
complete the steps in the corrective action plan. The commissioner is presumed to accept
a corrective action plan unless the commissioner notifies the submitting facility that the
plan is not accepted within 15 calendar days after the plan is submitted to the commissioner.
The commissioner shall monitor the facility's compliance with the corrective action plan.
new text end If the commissioner finds that the nursing home had uncorrected or repeated violations
which create a risk to resident care, safety, or rights, the commissioner shall notify the
commissioner of human services.

Sec. 14.

Minnesota Statutes 2016, section 144A.44, subdivision 1, is amended to read:


Subdivision 1.

Statement of rights.

A person who receives home care services has these
rights:

(1) the right to receive written information about rights before receiving services,
including what to do if rights are violated;

(2) the right to receive care and services according to a suitable and up-to-date plan, and
subject to accepted health care, medical or nursing standards, to take an active part in
developing, modifying, and evaluating the plan and services;

(3) the right to be told before receiving services the type and disciplines of staff who
will be providing the services, the frequency of visits proposed to be furnished, other choices
that are available for addressing home care needs, and the potential consequences of refusing
these services;

(4) the right to be told in advance of any recommended changes by the provider in the
service plan and to take an active part in any decisions about changes to the service plan;

(5) the right to refuse services or treatment;

(6) the right to know, before receiving services or during the initial visit, any limits to
the services available from a home care provider;

(7) the right to be told before services are initiated what the provider charges for the
services; to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and what charges the client may be responsible for paying;

(8) the right to know that there may be other services available in the community,
including other home care services and providers, and to know where to find information
about these services;

(9) the right to choose freely among available providers and to change providers after
services have begun, within the limits of health insurance, long-term care insurance, medical
assistance, or other health programs;

(10) the right to have personal, financial, and medical information kept private, and to
be advised of the provider's policies and procedures regarding disclosure of such information;

(11) the right to access the client's own records and written information from those
records in accordance with sections 144.291 to 144.298;

(12) the right to be served by people who are properly trained and competent to perform
their duties;

(13) the right to be treated with courtesy and respect, and to have the client's property
treated with respect;

(14) the right to be free from physical and verbal abuse, neglect, financial exploitation,
and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment
of Minors Act;

(15) the right to reasonable, advance notice of changes in services or charges;

(16) the right to know the provider's reason for termination of services;

(17) the right to at least ten days' advance notice of the termination of a service by a
provider, except in cases where:

(i) the client engages in conduct that significantly alters the terms of the service plan
with the home care provider;

(ii) the client, person who lives with the client, or others create an abusive or unsafe
work environment for the person providing home care services; or

(iii) an emergency or a significant change in the client's condition has resulted in service
needs that exceed the current service plan and that cannot be safely met by the home care
provider;

(18) the right to a coordinated transfer when there will be a change in the provider of
services;

(19) the right to complain about services that are provided, or fail to be provided, and
the lack of courtesy or respect to the client or the client's property;

new text begin (20) the right to recommend changes in policies and services to the home care provider,
provider staff, and others of the person's choice, free from restraint, interference, coercion,
discrimination, or reprisal, including threat of termination of services;
new text end

deleted text begin (20)deleted text endnew text begin (21)new text end the right to know how to contact an individual associated with the home care
provider who is responsible for handling problems and to have the home care provider
investigate and attempt to resolve the grievance or complaint;

deleted text begin (21)deleted text endnew text begin (22)new text end the right to know the name and address of the state or county agency to contact
for additional information or assistance; and

deleted text begin (22)deleted text endnew text begin (23)new text end the right to assert these rights personally, or have them asserted by the client's
representative or by anyone on behalf of the client, without retaliation.

Sec. 15.

Minnesota Statutes 2016, section 144A.442, is amended to read:


144A.442 deleted text beginASSISTED LIVING CLIENTS; SERVICEdeleted text endnew text begin ARRANGED HOME CARE
PROVIDER RESPONSIBILITIES;
new text end TERMINATIONnew text begin OF SERVICESnew text end.

new text begin Subdivision 1. new text end

new text begin Contents of service termination notice. new text end

If an arranged home care
provider, as defined in section 144D.01, subdivision 2a, who is not also Medicare certified
terminates a service agreement or service plan with an assisted living client, as defined in
section 144G.01, subdivision 3, the home care provider shall provide the assisted living
client and the legal or designated representatives of the client, if any, with a written notice
of termination deleted text beginwhichdeleted text endnew text begin thatnew text end includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

(3) without extending the termination notice period, an affirmative offer to meet with
the assisted living client or client representatives within no more than five business days of
the date of the termination notice to discuss the termination;

(4) contact information for a reasonable number of other home care providers in the
geographic area of the assisted living client, as required by section 144A.4791, subdivision
10
;

(5) a statement that the provider will participate in a coordinated transfer of the care of
the client to another provider or caregiver, as required by section 144A.44, subdivision 1,
clause (18);

(6) the name and contact information of a representative of the home care provider with
whom the client may discuss the notice of termination;

(7) a copy of the home care bill of rights; and

(8) a statement that the notice of termination of home care services by the home care
provider does not constitute notice of termination of the housing with services contract with
a housing with services establishment.

new text begin Subd. 2. new text end

new text begin Discontinuation of services. new text end

new text begin An arranged home care provider's responsibilities
when voluntarily discontinuing services to all clients are governed by section 144A.4791,
subdivision 10.
new text end

Sec. 16.

Minnesota Statutes 2016, section 144A.45, subdivision 1, is amended to read:


Subdivision 1.

Regulations.

The commissioner shall regulate home care providers
pursuant to sections 144A.43 to 144A.482. The regulations shall include the following:

(1) provisions to assure, to the extent possible, the health, safety, well-being, and
appropriate treatment of persons who receive home care services while respecting a client's
autonomy and choice;

(2) requirements that home care providers furnish the commissioner with specified
information necessary to implement sections 144A.43 to 144A.482;

(3) standards of training of home care provider personnel;

(4) standards for provision of home care services;

(5) standards for medication management;

(6) standards for supervision of home care services;

(7) standards for client evaluation or assessment;

(8) requirements for the involvement of a client's health care provider, the documentation
of health care providers' orders, if required, and the client's service plan;

(9) new text beginstandards for new text endthe maintenance of accurate, current client records;

(10) the establishment of basic and comprehensive levels of licenses based on services
provided; and

(11) provisions to enforce these regulations and the home care bill of rightsnew text begin, including
provisions for issuing penalties and fines as allowed under law
new text end.

Sec. 17.

Minnesota Statutes 2016, section 144A.45, subdivision 2, is amended to read:


Subd. 2.

Regulatory functions.

The commissioner shall:

(1) license, survey, and monitor without advance notice, home care providers in
accordance with sections 144A.43 to 144A.482;

(2) survey every temporary licensee within one year of the temporary license issuance
date subject to the temporary licensee providing home care services to a client or clients;

(3) survey all licensed home care providers on an interval that will promote the health
and safety of clients;

(4) with the consent of the client, visit the home where services are being provided;

(5) issue correction orders and assess civil penalties in accordance with deleted text beginsectiondeleted text endnew text begin sectionsnew text end
144.653, subdivisions 5 to 8new text begin, 144A.474, and 144A.475new text end, for violations of sections 144A.43
to 144A.482;

(6) take action as authorized in section 144A.475; and

(7) take other action reasonably required to accomplish the purposes of sections 144A.43
to 144A.482.

Sec. 18.

Minnesota Statutes 2016, section 144A.473, subdivision 2, is amended to read:


Subd. 2.

Temporary license.

(a) For new license applicants, the commissioner shall
issue a temporary license for either the basic or comprehensive home care level. A temporary
license is effective for up to one year from the date of issuance. Temporary licensees must
comply with sections 144A.43 to 144A.482.

(b) During the temporary license deleted text beginyeardeleted text endnew text begin periodnew text end, the commissioner shall survey the temporary
licensee new text beginwithin 90 calendar days new text endafter the commissioner is notified or has evidence that the
temporary licensee is providing home care services.

(c) Within five days of beginning the provision of services, the temporary licensee must
notify the commissioner that it is serving clients. The notification to the commissioner may
be mailed or e-mailed to the commissioner at the address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary license
deleted text begin yeardeleted text endnew text begin periodnew text end, then the temporary license expires at the end of the deleted text beginyeardeleted text endnew text begin periodnew text end and the applicant
must reapply for a temporary home care license.

(d) A temporary licensee may request a change in the level of licensure prior to being
surveyed and granted a license by notifying the commissioner in writing and providing
additional documentation or materials required to update or complete the changed temporary
license application. The applicant must pay the difference between the application fees
when changing from the basic level to the comprehensive level of licensure. No refund will
be made if the provider chooses to change the license application to the basic level.

(e) If the temporary licensee notifies the commissioner that the licensee has clients within
45 days prior to the temporary license expiration, the commissioner may extend the temporary
license for up to 60 days in order to allow the commissioner to complete the on-site survey
required under this section and follow-up survey visits.

Sec. 19.

Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:


Subd. 2.

Types of home care surveys.

(a) "Initial full survey" means the survey of a
new temporary licensee conducted after the department is notified or has evidence that the
temporary licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial full surveys must be completed within 14
months after the department's issuance of a temporary basic or comprehensive license.

new text begin (b) "Change in ownership survey" means a full survey of a new licensee due to a change
in ownership. Change in ownership surveys must be completed within six months after the
department's issuance of a new license due to a change in ownership.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end "Core survey" means periodic inspection of home care providers to determine
ongoing compliance with the home care requirements, focusing on the essential health and
safety requirements. Core surveys are available to licensed home care providers who have
been licensed for three years and surveyed at least once in the past three years with the latest
survey having no widespread violations beyond Level 1 as provided in subdivision 11.
Providers must also not have had any substantiated licensing complaints, substantiated
complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors
Act, or an enforcement action as authorized in section 144A.475 in the past three years.

(1) The core survey for basic home care providers must review compliance in the
following areas:

(i) reporting of maltreatment;

(ii) orientation to and implementation of the home care bill of rights;

(iii) statement of home care services;

(iv) initial evaluation of clients and initiation of services;

(v) client review and monitoring;

(vi) service plan implementation and changes to the service plan;

(vii) client complaint and investigative process;

(viii) competency of unlicensed personnel; and

(ix) infection control.

(2) For comprehensive home care providers, the core survey must include everything
in the basic core survey plus these areas:

(i) delegation to unlicensed personnel;

(ii) assessment, monitoring, and reassessment of clients; and

(iii) medication, treatment, and therapy management.

deleted text begin (c)deleted text endnew text begin (d)new text end "Full survey" means the periodic inspection of home care providers to determine
ongoing compliance with the home care requirements that cover the core survey areas and
all the legal requirements for home care providers. A full survey is conducted for all
temporary licensees and for providers who do not meet the requirements needed for a core
survey, and when a surveyor identifies unacceptable client health or safety risks during a
core survey. A full survey must include all the tasks identified as part of the core survey
and any additional review deemed necessary by the department, including additional
observation, interviewing, or records review of additional clients and staff.

deleted text begin (d)deleted text endnew text begin (e)new text end "Follow-up surveys" means surveys conducted to determine if a home care
provider has corrected deficient issues and systems identified during a core survey, full
survey, or complaint investigation. Follow-up surveys may be conducted via phone, e-mail,
fax, mail, or on-site reviews. Follow-up surveys, other than complaint surveys, shall be
concluded with an exit conference and written information provided on the process for
requesting a reconsideration of the survey results.

deleted text begin (e)deleted text endnew text begin (f)new text end Upon receiving information alleging that a home care provider has violated or is
currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall
investigate the complaint according to sections 144A.51 to 144A.54.

Sec. 20.

Minnesota Statutes 2016, section 144A.474, subdivision 8, is amended to read:


Subd. 8.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a home care
provider, a managerial official, or an employee of the provider is not in compliance with
sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
document areas of noncompliance and the time allowed for correction.

(b) The commissioner shall mail copies of any correction order to the last known address
of the home care provider, or electronically scan the correction order and e-mail it to the
last known home care provider e-mail address, within 30 calendar days after the survey exit
date. A copy of each correction order and copies of any documentation supplied to the
commissioner shall be kept on file by the home care provider, and public documents shall
be made available for viewing by any person upon request. Copies may be kept electronically.

(c) By the correction order date, the home care provider must deleted text begindocument in the provider's
records any action taken to comply with the correction order. The commissioner may request
a copy of this documentation and the home care provider's action to respond to the correction
order in future surveys, upon a complaint investigation, and as otherwise needed.
deleted text endnew text begin develop
and submit to the commissioner a corrective action plan based on the correction order. The
corrective action plan must specify the steps the provider will take to comply with the
correction order and how to prevent noncompliance in the future, how the provider will
monitor its compliance with the corrective action plan, and when the provider plans to
complete the steps in the corrective action plan. The commissioner is presumed to accept
a corrective action plan unless the commissioner notifies the submitting home care provider
that the plan is not accepted within 15 calendar days after the plan is submitted to the
commissioner. The commissioner shall monitor the provider's compliance with the corrective
action plan.
new text end

Sec. 21.

Minnesota Statutes 2016, 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, or any violations determined to be widespread, 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. If a new violation is identified on a follow-up survey, deleted text beginno fine will be
imposed unless it is not corrected on the next follow-up survey
deleted text endnew text begin the surveyor shall issue a
correction order for the new violation and may impose an immediate fine for the new
violation
new text end.

Sec. 22.

Minnesota Statutes 2017 Supplement, section 144A.474, subdivision 11, is
amended to read:


Subd. 11.

Fines.

(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (c) as follows:

(1) Level 1, no fines or enforcement;

(2) Level 2, fines ranging from $0 to $500, in addition to any of the enforcement
mechanisms authorized in section 144A.475 for widespread violations;

(3) Level 3, fines ranging from $500 to $1,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475; and

(4) Level 4, fines ranging from $1,000 to $5,000, in addition to any of the enforcement
mechanisms authorized in section 144A.475.

(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:

(1) level of violation:

(i) Level 1 is a violation that has no potential to cause more than a minimal impact on
the client and does not affect health or safety;

(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;

(iii) Level 3 is a violation that harmed a client's health or safety, not including serious
injury, impairment, or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and

(iv) Level 4 is a violation that results in serious injury, impairment, or death.

(2) scope of violation:

(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;

(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and

(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.

(c) If the commissioner finds that the applicant or a home care provider required to be
licensed under sections 144A.43 to 144A.482 has not corrected violations by the date
specified in the correction order or conditional license resulting from a survey or complaint
investigation, the commissioner may impose deleted text beginadeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with
a correction order
new text end. A notice of noncompliance with a correction order must be mailed to
the applicant's or provider's last known address. The deleted text beginnoncompliancedeleted text end notice new text beginof noncompliance
with a correction order
new text endmust list the violations not correctednew text begin and any fines imposednew text end.

(d) The license holder must pay the fines assessed on or before the payment date specifiednew text begin
on a correction order or on a notice of noncompliance with a correction order
new text end. If the license
holder fails to deleted text beginfully comply with the orderdeleted text endnew text begin pay a fine by the specified datenew text end, the commissioner
may issue a deleted text beginseconddeleted text end new text beginlate payment new text endfine or suspend the license until the license holder deleted text begincomplies
by paying the fine
deleted text endnew text begin pays all outstanding finesnew text end. A timely appeal shall stay payment of the new text beginlate
payment
new text endfine until the commissioner issues a final order.

(e) A license holder shall promptly notify the commissioner in writing when a violation
specified in deleted text beginthe orderdeleted text endnew text begin a notice of noncompliance with a correction ordernew text end is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as indicated
by the deleted text beginorderdeleted text endnew text begin notice of noncompliance with a correction ordernew text end, the commissioner may issue
deleted text begin a seconddeleted text endnew text begin an additionalnew text end finenew text begin for noncompliance with a notice of noncompliance with a
correction order
new text end. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that deleted text begina seconddeleted text end new text beginan additional new text endfine has been assessed. The license
holder may appeal the deleted text beginseconddeleted text endnew text begin additionalnew text end fine as provided under this subdivision.

(f) A home care provider that has been assessed a fine under this subdivision new text beginor
subdivision 8
new text endhas a right to a reconsideration or a hearing under this section and chapter 14.

(g) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder shall be liable for payment of the fine.

(h) In addition to any fine imposed under this section, the commissioner may assess
costs related to an investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.

(i) Fines collected under this subdivision shall be deposited in the state government
special revenue fund and credited to an account separate from the revenue collected under
section 144A.472. Subject to an appropriation by the legislature, the revenue from the fines
collected must be used by the commissioner for special projects to improve home care in
Minnesota as recommended by the advisory council established in section 144A.4799.

Sec. 23.

Minnesota Statutes 2016, section 144A.4791, subdivision 10, is amended to read:


Subd. 10.

Termination of service plan.

(a) new text beginExcept as provided in section 144A.442, new text endif
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;

(3) a list of known licensed home care providers in the client's immediate geographic
area;

(4) 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);

(5) 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

(6) 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.

Sec. 24.

Minnesota Statutes 2016, section 144A.53, subdivision 1, is amended to read:


Subdivision 1.

Powers.

The director may:

(a) Promulgate by rule, pursuant to chapter 14, and within the limits set forth in
subdivision 2, the methods by which complaints against health facilities, health care
providers, home care providers, or residential care homes, or administrative agencies are
to be made, reviewed, investigated, and acted upon; provided, however, that a fee may not
be charged for filing a complaint.

(b) Recommend legislation and changes in rules to the state commissioner of health,
governor, administrative agencies or the federal government.

(c) Investigate, upon a complaint or upon initiative of the director, any action or failure
to act by a health care provider, home care provider, residential care home, or a health
facility.

(d) Request and receive access to relevant information, records, incident reports, or
documents in the possession of an administrative agency, a health care provider, a home
care provider, a residential care home, or a health facility, and issue investigative subpoenas
to individuals and facilities for oral information and written information, including privileged
information which the director deems necessary for the discharge of responsibilities. For
purposes of investigation and securing information to determine violations, the director
need not present a release, waiver, or consent of an individual. The identities of patients or
residents must be kept private as defined by section 13.02, subdivision 12.

(e) Enter and inspect, at any time, a health facility or residential care home and be
permitted to interview staff; provided that the director shall not unduly interfere with or
disturb the provision of care and services within the facility or home or the activities of a
patient or resident unless the patient or resident consents.

(f) Issue correction orders and assess civil fines pursuant to deleted text beginsectiondeleted text end new text beginsections new text end144.653new text begin,
144A.10, 144A.45, and 144A.474; Minnesota Rules, chapters 4655, 4658, 4664, and 4665;
new text end
or any other law deleted text beginwhichdeleted text endnew text begin or rule thatnew text end provides for the issuance of correction orders new text beginor fines
new text end to health facilitiesnew text begin, residential care homes,new text end or home care deleted text beginprovider, or under section 144A.45deleted text endnew text begin
providers. This authority includes the authority to issue correction orders and assess civil
fines for violations identified in the appeal or review process
new text end. A new text beginhealth new text endfacility'snew text begin, residential
care home's,
new text end or deleted text beginhome'sdeleted text endnew text begin home care provider'snew text end refusal to cooperate in providing lawfully
requested information may also be grounds for a correction ordernew text begin or finenew text end.

(g) Recommend the certification or decertification of health facilities pursuant to Title
XVIII or XIX of the United States Social Security Act.

(h) Assist patients or residents of health facilities or residential care homes in the
enforcement of their rights under Minnesota law.

(i) Work with administrative agencies, health facilities, home care providers, residential
care homes, and health care providers and organizations representing consumers on programs
designed to provide information about health facilities to the public and to health facility
residents.

Sec. 25.

Minnesota Statutes 2016, section 144A.53, subdivision 4, is amended to read:


Subd. 4.

Referral of complaints.

new text begin(a) new text endIf a complaint received by the director relates to
a matter more properly within the jurisdiction of new text beginlaw enforcement, new text endan occupational licensing
boardnew text begin,new text end or other governmental agency, the director shall forward the complaint deleted text beginto that agencydeleted text endnew text begin
appropriately
new text end and shall inform the complaining party of the forwarding. deleted text beginThe
deleted text end

new text begin (b) An new text endagency shall promptly act in respect to the complaint, and shall inform the
complaining party and the director of its disposition. If a governmental agency receives a
complaint which is more properly within the jurisdiction of the director, it shall promptly
forward the complaint to the director, and shall inform the complaining party of the
forwarding.

new text begin (c) new text endIf the director has reason to believe that an official or employee of an administrative
agency, a home care provider, residential care home, deleted text beginordeleted text end health facilitynew text begin, or a client or resident
of any of these entities
new text end has acted in a manner warranting criminal or disciplinary proceedings,
the director shall refer the matter to the state commissioner of health, the commissioner of
human services, an appropriate prosecuting authority, or other appropriate agency.

Sec. 26.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Safety and quality improvement technical panel. new text end

new text begin The director shall establish
an expert technical panel to examine and make recommendations, on an ongoing basis, on
how to apply proven safety and quality improvement practices and infrastructure to settings
and providers that provide long-term services and supports. The technical panel must include
representation from nonprofit Minnesota-based organizations dedicated to patient safety or
innovation in health care safety and quality, Department of Health staff with expertise in
issues related to adverse health events, the University of Minnesota, organizations
representing long-term care providers and home care providers in Minnesota, national patient
safety experts, and other experts in the safety and quality improvement field. The technical
panel shall periodically provide recommendations to the legislature on legislative changes
needed to promote safety and quality improvement practices in long-term care settings and
with long-term care providers.
new text end

Sec. 27.

Minnesota Statutes 2016, section 144A.53, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Training and operations panel. new text end

new text begin (a) The director shall establish a training and
operations panel within the Office of Health Facility Complaints to examine and make
recommendations, on an ongoing basis, on continual improvements to the operation of the
office. The training and operations panel shall be composed of office staff, including
investigators and intake and triage staff, one or more representatives of the commissioner's
office, and employees from any other divisions in the Department of Health with relevant
knowledge or expertise. The training and operations panel may also consult with employees
from other agencies in state government with relevant knowledge or expertise.
new text end

new text begin (b) The training and operations panel shall examine and make recommendations to the
director and the commissioner regarding introducing or refining office systems, procedures,
and staff training in order to improve office and staff efficiency; enhance communications
between the office, health care facilities, home care providers, and residents or clients; and
provide for appropriate, effective protection for vulnerable adults through rigorous
investigations and enforcement of laws. Panel duties include but are not limited to:
new text end

new text begin (1) developing the office's training processes to adequately prepare and support
investigators in performing their duties;
new text end

new text begin (2) developing clear, consistent internal policies for conducting investigations as required
by federal law, including policies to ensure staff meet the deadlines in state and federal laws
for triaging, investigating, and making final dispositions of cases involving maltreatment,
and procedures for notifying the vulnerable adult, reporter, and facility of any delays in
investigations; communicating these policies to staff in a clear, timely manner; and
developing procedures to evaluate and modify these internal policies on an ongoing basis;
new text end

new text begin (3) developing and refining quality control measures for the intake and triage processes,
through such practices as reviewing a random sample of the triage decisions made in case
reports or auditing a random sample of the case files to ensure the proper information is
being collected, the files are being properly maintained, and consistent triage and
investigations determinations are being made;
new text end

new text begin (4) developing and maintaining systems and procedures to accurately determine the
situations in which the office has jurisdiction over a maltreatment allegation;
new text end

new text begin (5) developing and maintaining audit procedures for investigations to ensure investigators
obtain and document information necessary to support decisions;
new text end

new text begin (6) developing and maintaining procedures to, following a maltreatment determination,
clearly communicate the appeal or review rights of all parties upon final disposition;
new text end

new text begin (7) continuously upgrading the information on and utility of the office's Web site through
such steps as providing clear, detailed information about the appeal or review rights of
vulnerable adults, alleged perpetrators, and providers and facilities; and
new text end

new text begin (8) publishing, in coordination with other areas at the Department of Health and in a
manner that does not duplicate information already published by the Department of Health,
the public portions of all investigation memoranda prepared by the commissioner of health
in the past three years under section 626.557, subdivision 12b, and the public portions of
all final orders in the past three years related to licensing violations under this chapter. These
memoranda and orders must be published in a manner that allows consumers to search
memoranda and orders by facility or provider name and by the physical location of the
facility or provider.
new text end

Sec. 28.

Minnesota Statutes 2016, section 144D.01, subdivision 1, is amended to read:


Subdivision 1.

Scope.

As used in deleted text beginsections 144D.01 to 144D.06deleted text endnew text begin this chapternew text end, the following
terms have the meanings given them.

Sec. 29.

Minnesota Statutes 2016, section 144D.02, is amended to read:


144D.02 REGISTRATION REQUIRED.

No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in sections 144D.01
to deleted text begin144D.06deleted text endnew text begin 144D.11new text end.

Sec. 30.

Minnesota Statutes 2017 Supplement, section 144D.04, subdivision 2, is amended
to read:


Subd. 2.

Contents of contract.

A housing with services contract, which need not be
entitled as such to comply with this section, shall include at least the following elements in
itself or through supporting documents or attachments:

(1) the name, street address, and mailing address of the establishment;

(2) the name and mailing address of the owner or owners of the establishment and, if
the owner or owners is not a natural person, identification of the type of business entity of
the owner or owners;

(3) the name and mailing address of the managing agent, through management agreement
or lease agreement, of the establishment, if different from the owner or owners;

(4) the name and new text beginphysical mailing new text endaddress of at least one natural person who is authorized
to accept service of process on behalf of the owner or owners and managing agent;

(5) a statement describing the registration and licensure status of the establishment and
any provider providing health-related or supportive services under an arrangement with the
establishment;

(6) the term of the contract;

(7) a description of the services to be provided to the resident in the base rate to be paid
by the resident, including a delineation of the portion of the base rate that constitutes rent
and a delineation of charges for each service included in the base rate;

(8) a description of any additional services, including home care services, available for
an additional fee from the establishment directly or through arrangements with the
establishment, and a schedule of fees charged for these services;

(9) a conspicuous notice informing the tenant of the policy concerning the conditions
under which and the process through which the contract may be modified, amended, or
terminated, including whether a move to a different room or sharing a room would be
required in the event that the tenant can no longer pay the current rent;

(10) a description of the establishment's complaint resolution process available to residents
including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;

(11) the resident's designated representative, if any;

(12) the establishment's referral procedures if the contract is terminated;

(13) requirements of residency used by the establishment to determine who may reside
or continue to reside in the housing with services establishment;

(14) billing and payment procedures and requirements;

(15) a statement regarding the ability of a resident to receive services from service
providers with whom the establishment does not have an arrangement;

(16) a statement regarding the availability of public funds for payment for residence or
services in the establishment; deleted text beginand
deleted text end

(17) a statement regarding the availability of and contact information for long-term care
consultation services under section 256B.0911 in the county in which the establishment is
locateddeleted text begin.deleted text endnew text begin;
new text end

new text begin (18) a statement that a resident has the right to request a reasonable accommodation;
and
new text end

new text begin (19) a statement describing the conditions under which a contract may be amended.
new text end

Sec. 31.

Minnesota Statutes 2016, section 144D.04, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Changes to contract. new text end

new text begin The housing with services establishment must provide
prompt written notice to the resident or resident's legal representative of a new owner or
manager of the housing with services establishment, and the name and physical mailing
address of any new or additional natural person not identified in the admission contract who
is authorized to accept service of process.
new text end

Sec. 32.

new text begin [144D.044] INFORMATION REQUIRED TO BE POSTED.
new text end

new text begin A housing with services establishment must post conspicuously within the establishment,
in a location accessible to public view, the following information:
new text end

new text begin (1) the name, mailing address, and contact information of the current owner or owners
of the establishment and, if the owner or owners are not natural persons, identification of
the type of business entity of the owner or owners;
new text end

new text begin (2) the name, mailing address, and contact information of the managing agent, through
management agreement or lease agreement, of the establishment, if different from the owner
or owners, and the name and contact information of the on-site manager, if any; and
new text end

new text begin (3) the name and mailing address of at least one natural person who is authorized to
accept service of process on behalf of the owner or owners and managing agent.
new text end

Sec. 33.

new text begin [144D.095] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider is governed by
section 144A.442.
new text end

Sec. 34.

Minnesota Statutes 2016, section 144G.01, subdivision 1, is amended to read:


Subdivision 1.

Scope; other definitions.

For purposes of sections 144G.01 to deleted text begin144G.05deleted text endnew text begin
144G.08
new text end, the following definitions apply. In addition, the definitions provided in section
144D.01 also apply to sections 144G.01 to deleted text begin144G.05deleted text endnew text begin 144G.08new text end.

Sec. 35.

new text begin [144G.07] TERMINATION OF LEASE.
new text end

new text begin A lease termination initiated by a registered housing with services establishment using
"assisted living" is governed by section 144D.09.
new text end

Sec. 36.

new text begin [144G.08] TERMINATION OF SERVICES.
new text end

new text begin A termination of services initiated by an arranged home care provider as defined in
section 144D.01, subdivision 2a, is governed by section 144A.442.
new text end

Sec. 37.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 3, is amended
to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245Cdeleted text begin,deleted text endnew text begin:
new text end

new text begin (i) new text endany individual or facility determined by a lead investigative agency to have maltreated
a vulnerable adult under section 626.557 after they have exercised their right to administrative
reconsideration under section 626.557;new text begin and
new text end

new text begin (ii) any vulnerable adult who is the subject of a maltreatment investigation under section
626.557 or a guardian or health care agent of the vulnerable adult, after the right to
administrative reconsideration under section 626.557, subdivision 9d, has been exercised;
new text end

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914; or

(14) a person issued a notice of service termination under section 245A.11, subdivision
11, that is not otherwise subject to appeal under subdivision 4a.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a
, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 38.

Minnesota Statutes 2017 Supplement, section 256.045, subdivision 4, is amended
to read:


Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), (9), and (10), either party may subpoena the private data relating to the investigation
prepared by the agency under section 626.556 or 626.557 that is not otherwise accessible
under section 13.04, provided the identity of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure
for any other purpose outside the hearing provided for in this section without prior order of
the district court. Disclosure without court order is punishable by a sentence of not more
than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on
the use of private data do not prohibit access to the data under section 13.03, subdivision
6
. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon
request, the county agency shall provide reimbursement for transportation, child care,
photocopying, medical assessment, witness fee, and other necessary and reasonable costs
incurred by the applicant, recipient, or former recipient in connection with the appeal. All
evidence, except that privileged by law, commonly accepted by reasonable people in the
conduct of their affairs as having probative value with respect to the issues shall be submitted
at the hearing and such hearing shall not be "a contested case" within the meaning of section
14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and
may not submit evidence after the hearing except by agreement of the parties at the hearing,
provided the petitioner has the opportunity to respond.

(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the state human
services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearingnew text begin and
shall notify the facility or individual who is the alleged perpetrator of maltreatment
new text end. The
notice must be sent by certified mail and inform the vulnerable adult new text beginor the alleged perpetrator
new text end of the right to file a signed written statement in the proceedings. A guardian or health care
agent who prepares or files a written statement for the vulnerable adult must indicate in the
statement that the person is the vulnerable adult's guardian or health care agent and sign the
statement in that capacity. The vulnerable adult, the guardian, or the health care agent may
file a written statement with the human services judge hearing the case no later than five
business days before commencement of the hearing. The human services judge shall include
the written statement in the hearing record and consider the statement in deciding the appeal.
This subdivision does not limit, prevent, or excuse the vulnerable adult new text beginor alleged perpetrator
new text end from being called as a witness testifying at the hearing or grant the vulnerable adult, the
guardian, or health care agent a right to participate in the proceedings or appeal the human
services judge's decision in the case. The lead investigative agency must consider including
the vulnerable adult victim of maltreatment as a witness in the hearing. If the lead
investigative agency determines that participation in the hearing would endanger the
well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, the
lead investigative agency shall inform the human services judge of the basis for this
determination, which must be included in the final order. If the human services judge is not
reasonably able to determine the address of the vulnerable adult, the guardian, new text beginthe alleged
perpetrator,
new text endor the health care agent, the human services judge is not required to send a
hearing notice under this subdivision.

Sec. 39.

Minnesota Statutes 2016, section 325F.71, is amended to read:


325F.71 SENIOR CITIZENSnew text begin, VULNERABLE ADULTS,new text end AND deleted text beginDISABLEDdeleted text end
PERSONSnew text begin WITH DISABILITIESnew text end; ADDITIONAL CIVIL PENALTY FOR
DECEPTIVE ACTS.

Subdivision 1.

Definitions.

For the purposes of this section, the following words have
the meanings given them:

(a) "Senior citizen" means a person who is 62 years of age or older.

(b) "deleted text beginDisableddeleted text end Personnew text begin with a disabilitynew text end" means a person who has an impairment of physical
or mental function or emotional status that substantially limits one or more major life
activities.

(c) "Major life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

new text begin (d) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end

Subd. 2.

Supplemental civil penalty.

(a) In addition to any liability for a civil penalty
pursuant to sections 325D.43 to 325D.48, regarding deceptive trade practices; 325F.67,
regarding false advertising; and 325F.68 to 325F.70, regarding consumer fraud; a person
who engages in any conduct prohibited by those statutes, and whose conduct is perpetrated
against one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a disabilitynew text end,
is liable for an additional civil penalty not to exceed $10,000 for each violation, if one or
more of the factors in paragraph (b) are present.

(b) In determining whether to impose a civil penalty pursuant to paragraph (a), and the
amount of the penalty, the court shall consider, in addition to other appropriate factors, the
extent to which one or more of the following factors are present:

(1) whether the defendant knew or should have known that the defendant's conduct was
directed to one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end personsnew text begin with a
disability
new text end;

(2) whether the defendant's conduct caused new text beginone or more new text endsenior citizensnew text begin, vulnerable adults,new text end
or deleted text begindisableddeleted text end persons new text beginwith a disability new text endto suffer: loss or encumbrance of a primary residence,
principal employment, or source of income; substantial loss of property set aside for
retirement or for personal or family care and maintenance; substantial loss of payments
received under a pension or retirement plan or a government benefits program; or assets
essential to the health or welfare of the senior citizennew text begin, vulnerable adult,new text end or deleted text begindisableddeleted text end personnew text begin
with a disability
new text end;

(3) whether one or more senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end persons new text beginwith a
disability
new text endare more vulnerable to the defendant's conduct than other members of the public
because of age, poor health or infirmity, impaired understanding, restricted mobility, or
disability, and actually suffered physical, emotional, or economic damage resulting from
the defendant's conduct; or

(4) whether the defendant's conduct caused senior citizensnew text begin, vulnerable adults,new text end or deleted text begindisableddeleted text end
persons new text beginwith a disability new text endto make an uncompensated asset transfer that resulted in the person
being found ineligible for medical assistance.

Subd. 3.

Restitution to be given priority.

Restitution ordered pursuant to the statutes
listed in subdivision 2 shall be given priority over imposition of civil penalties designated
by the court under this section.

Subd. 4.

Private remedies.

A person injured by a violation of this section may bring a
civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable attorney's fees, and receive other equitable relief as
determined by the court.

Sec. 40.

Minnesota Statutes 2016, section 609.2231, subdivision 8, is amended to read:


Subd. 8.

Vulnerable adults.

(a) As used in this subdivision, "vulnerable adult" has the
meaning given in section 609.232, subdivision 11.

(b) Whoever assaults deleted text beginand inflicts demonstrable bodily harm ondeleted text end a vulnerable adult,
knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross
misdemeanor.

Sec. 41.

Minnesota Statutes 2016, section 626.557, subdivision 3, is amended to read:


Subd. 3.

Timing of report.

(a) A mandated reporter who has reason to believe that a
vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable
adult has sustained a physical injury which is not reasonably explained shall deleted text beginimmediatelydeleted text end
report the information to the common entry pointnew text begin as soon as possible but in no event longer
than 24 hours
new text end. If an individual is a vulnerable adult solely because the individual is admitted
to a facility, a mandated reporter is not required to report suspected maltreatment of the
individual that occurred prior to admission, unless:

(1) the individual was admitted to the facility from another facility and the reporter has
reason to believe the vulnerable adult was maltreated in the previous facility; or

(2) the reporter knows or has reason to believe that the individual is a vulnerable adult
as defined in section 626.5572, subdivision 21, paragraph (a), clause (4).

(b) A person not required to report under the provisions of this section may voluntarily
report as described above.

(c) Nothing in this section requires a report of known or suspected maltreatment, if the
reporter knows or has reason to know that a report has been made to the common entry
point.

(d) Nothing in this section shall preclude a reporter from also reporting to a law
enforcement agency.

(e) A mandated reporter who knows or has reason to believe that an error under section
626.5572, subdivision 17, paragraph (c), clause (5), occurred must make a report under this
subdivision. If the reporter or a facility, at any time believes that an investigation by a lead
investigative agency will determine or should determine that the reported error was not
neglect according to the criteria under section 626.5572, subdivision 17, paragraph (c),
clause (5), the reporter or facility may provide to the common entry point or directly to the
lead investigative agency information explaining how the event meets the criteria under
section 626.5572, subdivision 17, paragraph (c), clause (5). The lead investigative agency
shall consider this information when making an initial disposition of the report under
subdivision 9c.

Sec. 42.

Minnesota Statutes 2016, section 626.557, subdivision 4, is amended to read:


Subd. 4.

Reporting.

(a) Except as provided in paragraph (b), a mandated reporter shall
immediately make an oral report to the common entry point. The common entry point may
accept electronic reports submitted through a Web-based reporting system established by
the commissioner. Use of a telecommunications device for the deaf or other similar device
shall be considered an oral report. The common entry point may not require written reports.
To the extent possible, the report must be of sufficient content to identify the vulnerable
adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of
previous maltreatment, the name and address of the reporter, the time, date, and location of
the incident, and any other information that the reporter believes might be helpful in
investigating the suspected maltreatment. new text beginThe common entry point must provide a method
for the reporter to electronically submit evidence to support the maltreatment report, including
but not limited to uploading photographs, videos, or documents.
new text endA mandated reporter may
disclose not public data, as defined in section 13.02, and medical records under sections
144.291 to 144.298, to the extent necessary to comply with this subdivision.

(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified
under Title 19 of the Social Security Act, a nursing home that is licensed under section
144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital
that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code
of Federal Regulations, title 42, section 482.66, may submit a report electronically to the
common entry point instead of submitting an oral report. deleted text beginThe report may be a duplicate of
the initial report the facility submits electronically to the commissioner of health to comply
with the reporting requirements under Code of Federal Regulations, title 42, section 483.13.
deleted text end
The commissioner of health may modify these reporting requirements to include items
required under paragraph (a) that are not currently included in the electronic reporting form.

new text begin (c) All reports must be directed to the common entry point, including reports from
federally licensed facilities, vulnerable adults, and interested persons.
new text end

Sec. 43.

Minnesota Statutes 2016, section 626.557, subdivision 9, is amended to read:


Subd. 9.

Common entry point designation.

(a) Each county board shall designate a
common entry point for reports of suspected maltreatment, for use until the commissioner
of human services establishes a common entry point. Two or more county boards may
jointly designate a single common entry point. The commissioner of human services shall
establish a common entry point effective July 1, 2015. The common entry point is the unit
responsible for receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to take calls from
reporters of suspected maltreatment. new text beginThe common entry point staff must receive training
on how to screen and dispatch reports efficiently and in accordance with this section.
new text endThe
common entry point shall use a standard intake form that includes:

(1) the time and date of the report;

(2) the name, address, and telephone number of the person reporting;

(3) the time, date, and location of the incident;

(4) the names of the persons involved, including but not limited to, perpetrators, alleged
victims, and witnesses;

(5) whether there was a risk of imminent danger to the alleged victim;

(6) a description of the suspected maltreatment;

(7) the disability, if any, of the alleged victim;

(8) the relationship of the alleged perpetrator to the alleged victim;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) any action taken by the common entry point;

(11) whether law enforcement has been notified;

(12) whether the reporter wishes to receive notification of the initial and final reports;
and

(13) if the report is from a facility with an internal reporting procedure, the name, mailing
address, and telephone number of the person who initiated the report internally.

(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.

(f) The common entry point deleted text beginstaffdeleted text end must deleted text beginreceive training on how to screen and dispatch
reports efficiently and in accordance with this section.
deleted text endnew text begin cross-reference multiple complaints
to the lead investigative agency concerning:
new text end

new text begin (1) the same alleged perpetrator, facility, or licensee;
new text end

new text begin (2) the same vulnerable adult; or
new text end

new text begin (3) the same incident.
new text end

(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database and immediately identify
and locate prior reports of abuse, neglect, or exploitation.

(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and

(5) track and manage consumer complaints related to the common entry pointdeleted text begin.deleted text endnew text begin, including
tracking and cross-referencing multiple complaints concerning:
new text end

new text begin (i) the same alleged perpetrator, facility, or licensee;
new text end

new text begin (ii) the same vulnerable adult; and
new text end

new text begin (iii) the same incident.
new text end

(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.

Sec. 44.

Minnesota Statutes 2016, section 626.557, subdivision 9a, is amended to read:


Subd. 9a.

Evaluation and referral of reports made to common entry point.

(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals as follows:

(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) new text beginif the common entry point determines an immediate need exists for response by law
enforcement, including the urgent need to secure a crime scene, interview witnesses, remove
the alleged perpetrator, or safeguard the vulnerable adult's property, or
new text endif the report contains
suspected criminal activity against a vulnerable adult, the common entry point shall
immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;

(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and

(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agency, using referral guidelines
established by the commissioner.

(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agency.

Sec. 45.

Minnesota Statutes 2016, section 626.557, subdivision 9b, is amended to read:


Subd. 9b.

Response to reports.

Law enforcement is the primary agency to conduct
investigations of any incident in which there is reason to believe a crime has been committed.
Law enforcement shall initiate a response immediately. If the common entry point notified
a county agency for emergency adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and shall exchange data to the
extent authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. County adult protection shall initiate
a response immediately. Each lead investigative agency shall complete the investigative
process for reports within its jurisdiction. A lead investigative agency, county, adult protective
agency, licensed facility, or law enforcement agency shall cooperate with other agencies in
the provision of protective services, coordinating its investigations, and assisting another
agency within the limits of its resources and expertise and shall exchange data to the extent
authorized in subdivision 12b, paragraph deleted text begin(g)deleted text endnew text begin (k)new text end. The lead investigative agency shall obtain
the results of any investigation conducted by law enforcement officialsnew text begin, and law enforcement
shall obtain the results of any investigation conducted by the lead investigative agency to
determine if criminal action is warranted
new text end. The lead investigative agency has the right to
enter facilities and inspect and copy records as part of investigations. The lead investigative
agency has access to not public data, as defined in section 13.02, and medical records under
sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to
conduct its investigation. Each lead investigative agency shall develop guidelines for
prioritizing reports for investigation.new text begin Nothing in this subdivision alters the duty of the lead
investigative agency to serve as the agency responsible for investigating reports made under
this section.
new text end

Sec. 46.

Minnesota Statutes 2016, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead investigative agency; notifications, dispositions, determinations.

(a)
deleted text begin Upon request of the reporter,deleted text end The lead investigative agency shall notify the reporter that it
has received the report, and provide information on the initial disposition of the report within
five business days of receipt of the report, provided that the notification will not endanger
the vulnerable adult or hamper the investigation.

new text begin (b) The lead investigative agency must provide the following information to the vulnerable
adult or the vulnerable adult's guardian or health care agent, if known, within five days of
receipt of the report:
new text end

new text begin (1) the nature of the maltreatment allegations, including the report of maltreatment as
allowed under law;
new text end

new text begin (2) the name of the facility or other location at which alleged maltreatment occurred;
new text end

new text begin (3) the name of the alleged perpetrator if the lead investigative agency believes disclosure
of the name is necessary to protect the vulnerable adult's physical, emotional, or financial
interests;
new text end

new text begin (4) protective measures that may be recommended or taken as a result of the maltreatment
report;
new text end

new text begin (5) contact information for the investigator or other information as requested and allowed
under law; and
new text end

new text begin (6) confirmation of whether the lead investigative agency is investigating the matter
and, if so:
new text end

new text begin (i) an explanation of the process and estimated timeline for the investigation; and
new text end

new text begin (ii) a statement that the lead investigative agency will provide an update on the
investigation approximately every three weeks upon request by the vulnerable adult or the
vulnerable adult's guardian or health care agent and a report when the investigation is
concluded.
new text end

new text begin (c) The lead investigative agency may assign multiple reports of maltreatment for the
same or separate incidences related to the same vulnerable adult to the same investigator,
as deemed appropriate. Reports related to the same vulnerable adult must, at a minimum,
be cross-referenced.
new text end

deleted text begin (b)deleted text end new text begin(d) new text endUpon conclusion of every investigation it conducts, the lead investigative agency
shall make a final disposition as defined in section 626.5572, subdivision 8.

deleted text begin (c)deleted text endnew text begin (e)new text end When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead investigative agency shall consider at least the
following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident care
plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible
for the issuance of the erroneous order, prescription, plan, or directive or knows or should
have known of the errors and took no reasonable measures to correct the defect before
administering care;

(2) the comparative responsibility between the facility, other caregivers, and requirements
placed upon the employee, including but not limited to, the facility's compliance with related
regulatory standards and factors such as the adequacy of facility policies and procedures,
the adequacy of facility training, the adequacy of an individual's participation in the training,
the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a
consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

deleted text begin (d)deleted text endnew text begin (f)new text end When substantiated maltreatment is determined to have been committed by an
individual who is also the facility license holder, both the individual and the facility must
be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.

deleted text begin (e)deleted text endnew text begin (g)new text end The lead investigative agency shall complete its final disposition within 60
calendar days. If the lead investigative agency is unable to complete its final disposition
within 60 calendar days, the lead investigative agency shall notify the following persons
provided that the notification will not endanger the vulnerable adult or hamper the
investigation: (1) the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known, if the lead investigative agency knows them to be aware of the investigation;
and (2) the facility, where applicable. The notice shall contain the reason for the delay and
the projected completion date. If the lead investigative agency is unable to complete its final
disposition by a subsequent projected completion date, the lead investigative agency shall
again notify the vulnerable adult or the vulnerable adult's guardian or health care agent,
when known if the lead investigative agency knows them to be aware of the investigation,
and the facility, where applicable, of the reason for the delay and the revised projected
completion date provided that the notification will not endanger the vulnerable adult or
hamper the investigation. The lead investigative agency must notify the health care agent
of the vulnerable adult only if the health care agent's authority to make health care decisions
for the vulnerable adult is currently effective deleted text beginunder section 145C.06deleted text end and not suspended
under section 524.5-310 deleted text beginand the investigation relates to a duty assigned to the health care
agent by the principal
deleted text end. A lead investigative agency's inability to complete the final disposition
within 60 calendar days or by any projected completion date does not invalidate the final
disposition.

deleted text begin (f)deleted text endnew text begin (h)new text end Within ten calendar days of completing the final disposition, the lead investigative
agency shall provide a copy of the public investigation memorandum under subdivision
12b, paragraph deleted text begin(b), clause (1)deleted text endnew text begin (d)new text end, when required to be completed under this section, to the
following persons:

(1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known,
unless the lead investigative agency knows that the notification would endanger the
well-being of the vulnerable adult;

(2) the reporter, deleted text beginifdeleted text end new text beginunless new text endthe reporter requested deleted text beginnotificationdeleted text end new text beginotherwise new text endwhen making the
report, provided this notification would not endanger the well-being of the vulnerable adult;

(3) the alleged perpetrator, if known;

(4) the facility; deleted text beginand
deleted text end

(5) the ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities, as appropriatedeleted text begin.deleted text endnew text begin;
new text end

new text begin (6) law enforcement; and
new text end

new text begin (7) the county attorney, as appropriate.
new text end

deleted text begin (g)deleted text endnew text begin (i)new text end If, as a result of a reconsideration, review, or hearing, the lead investigative agency
changes the final disposition, or if a final disposition is changed on appeal, the lead
investigative agency shall notify the parties specified in paragraph deleted text begin(f)deleted text endnew text begin (h)new text end.

deleted text begin (h)deleted text endnew text begin (j)new text end The lead investigative agency shall notify the vulnerable adult who is the subject
of the report or the vulnerable adult's guardian or health care agent, if known, and any person
or facility determined to have maltreated a vulnerable adult, of their appeal or review rights
under this section or section deleted text begin256.021deleted text endnew text begin 256.045new text end.

deleted text begin (i)deleted text endnew text begin (k)new text end The lead investigative agency shall routinely provide investigation memoranda
for substantiated reports to the appropriate licensing boards. These reports must include the
names of substantiated perpetrators. The lead investigative agency may not provide
investigative memoranda for inconclusive or false reports to the appropriate licensing boards
unless the lead investigative agency's investigation gives reason to believe that there may
have been a violation of the applicable professional practice laws. If the investigation
memorandum is provided to a licensing board, the subject of the investigation memorandum
shall be notified and receive a summary of the investigative findings.

deleted text begin (j)deleted text endnew text begin (l)new text end In order to avoid duplication, licensing boards shall consider the findings of the
lead investigative agency in their investigations if they choose to investigate. This does not
preclude licensing boards from considering other information.

deleted text begin (k)deleted text endnew text begin (m)new text end The lead investigative agency must provide to the commissioner of human
services its final dispositions, including the names of all substantiated perpetrators. The
commissioner of human services shall establish records to retain the names of substantiated
perpetrators.

Sec. 47.

Minnesota Statutes 2016, section 626.557, subdivision 9d, is amended to read:


Subd. 9d.

Administrative reconsideration; review panel.

(a) Except as provided under
paragraph (e), any individual or facility which a lead investigative agency determines has
maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf
of the vulnerable adult, regardless of the lead investigative agency's determination, who
contests the lead investigative agency's final disposition of an allegation of maltreatment,
may request the lead investigative agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead investigative agency within 15
calendar days after receipt of notice of final disposition or, if the request is made by an
interested person who is not entitled to notice, within 15 days after receipt of the notice by
the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the
request for reconsideration must be postmarked and sent to the lead investigative agency
within 15 calendar days of the individual's or facility's receipt of the final disposition. If the
request for reconsideration is made by personal service, it must be received by the lead
investigative agency within 15 calendar days of the individual's or facility's receipt of the
final disposition. An individual who was determined to have maltreated a vulnerable adult
under this section and who was disqualified on the basis of serious or recurring maltreatment
under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment
determination and the disqualification. The request for reconsideration of the maltreatment
determination and the disqualification must be submitted in writing within 30 calendar days
of the individual's receipt of the notice of disqualification under sections 245C.16 and
245C.17. If mailed, the request for reconsideration of the maltreatment determination and
the disqualification must be postmarked and sent to the lead investigative agency within 30
calendar days of the individual's receipt of the notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the lead investigative
agency within 30 calendar days after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045, may submit to the commissioner of human services a written request for a hearing
under that statute. deleted text beginThe vulnerable adult, or an interested person acting on behalf of the
vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel
under section 256.021 if the lead investigative agency denies the request or fails to act upon
the request, or if the vulnerable adult or interested person contests a reconsidered disposition.
deleted text end
The lead investigative agency shall notify persons who request reconsideration of their
rights under this paragraph. The request must be submitted in writing to the review panel
and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice
of a denial of a request for reconsideration or of a reconsidered disposition. The request
must specifically identify the aspects of the lead investigative agency determination with
which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the lead investigative agency changes
the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).

(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable
adult" means a person designated in writing by the vulnerable adult to act on behalf of the
vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy
or health care agent appointed under chapter 145B or 145C, or an individual who is related
to the vulnerable adult, as defined in section 245A.02, subdivision 13.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis
of a determination of maltreatment, which was serious or recurring, and the individual has
requested reconsideration of the maltreatment determination under paragraph (a) and
reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration
of the maltreatment determination and requested reconsideration of the disqualification
shall be consolidated into a single reconsideration. If reconsideration of the maltreatment
determination is denied and the individual remains disqualified following a reconsideration
decision, the individual may request a fair hearing under section 256.045. If an individual
requests a fair hearing on the maltreatment determination and the disqualification, the scope
of the fair hearing shall include both the maltreatment determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, the scope of the contested case hearing must include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In such cases,
a fair hearing must not be conducted under section 256.045. Except for family child care
and child foster care, reconsideration of a maltreatment determination under this subdivision,
and reconsideration of a disqualification under section 245C.22, must not be conducted
when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall
also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.

(g) Until August 1, 2002, an individual or facility that was determined by the
commissioner of human services or the commissioner of health to be responsible for neglect
under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001,
that believes that the finding of neglect does not meet an amended definition of neglect may
request a reconsideration of the determination of neglect. The commissioner of human
services or the commissioner of health shall mail a notice to the last known address of
individuals who are eligible to seek this reconsideration. The request for reconsideration
must state how the established findings no longer meet the elements of the definition of
neglect. The commissioner shall review the request for reconsideration and make a
determination within 15 calendar days. The commissioner's decision on this reconsideration
is the final agency action.

(1) For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a
result of a reconsideration under this paragraph, the date of the original finding of a
substantiated maltreatment must be used to calculate the destruction date.

(2) For purposes of any background studies under chapter 245C, when a determination
of substantiated maltreatment has been changed as a result of a reconsideration under this
paragraph, any prior disqualification of the individual under chapter 245C that was based
on this determination of maltreatment shall be rescinded, and for future background studies
under chapter 245C the commissioner must not use the previous determination of
substantiated maltreatment as a basis for disqualification or as a basis for referring the
individual's maltreatment history to a health-related licensing board under section 245C.31.

Sec. 48.

Minnesota Statutes 2016, section 626.557, subdivision 10b, is amended to read:


Subd. 10b.

Investigations; guidelines.

new text begin(a) new text endEach lead investigative agency shall develop
guidelines for prioritizing reports for investigation. When investigating a report, the lead
investigative agency shall conduct the following activities, as appropriate:

(1) interview of the alleged victim;

(2) interview of the reporter and others who may have relevant information;

(3) interview of the alleged perpetrator;

(4) examination of the environment surrounding the alleged incident;

(5) review of pertinent documentation of the alleged incident; and

(6) consultation with professionals.

new text begin (b) The lead investigator must contact the alleged victim or, if known, the alleged victim's
guardian or health care agent, within five days after initiation of an investigation to provide
the investigator's name and contact information and communicate with the alleged victim
or the alleged victim's guardian or health care agent approximately every three weeks during
the course of the investigation.
new text end

Sec. 49.

Minnesota Statutes 2016, section 626.557, subdivision 12b, is amended to read:


Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social service agency shall maintain appropriate
records. Data collected by the county social service agency under this section are welfare
data under section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data
under this paragraph that are inactive investigative data on an individual who is a vendor
of services are private data on individuals, as defined in section 13.02. The identity of the
reporter may only be disclosed as provided in paragraph deleted text begin(c)deleted text endnew text begin (g)new text end.

new text begin (b) new text endData maintained by the common entry point are deleted text beginconfidentialdeleted text endnew text begin privatenew text end data on
individuals or deleted text beginprotecteddeleted text end nonpublic data as defined in section 13.02new text begin, provided that the name
of the reporter is confidential data on individuals
new text end. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.

deleted text begin (b)deleted text endnew text begin (c)new text end The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social service agencies must maintain private data on individuals but are not required to
prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02new text begin,
provided that data may be shared with the vulnerable adult or guardian or health care agent
if both commissioners determine that sharing of the data is needed to protect the vulnerable
adult
new text end. Upon completion of the investigation, the data are classified as provided in deleted text beginclauses
(1) to (3) and paragraph (c)
deleted text endnew text begin paragraphs (d) to (g)new text end.

deleted text begin (1)deleted text end new text begin(d) new text endThe investigation memorandum must contain the following data, which are public:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the facility investigated;

deleted text begin (ii)deleted text endnew text begin (2)new text end a statement of the nature of the alleged maltreatment;

deleted text begin (iii)deleted text endnew text begin (3)new text end pertinent information obtained from medical or other records reviewed;

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of the investigator;

deleted text begin (v)deleted text endnew text begin (5)new text end a summary of the investigation's findings;

deleted text begin (vi)deleted text endnew text begin (6)new text end statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

deleted text begin (vii)deleted text endnew text begin (7)new text end a statement of any action taken by the facility;

deleted text begin (viii)deleted text endnew text begin (8)new text end a statement of any action taken by the lead investigative agency; and

deleted text begin (ix)deleted text endnew text begin (9)new text end when a lead investigative agency's determination has substantiated maltreatment,
a statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data new text beginon individuals new text endlisted in deleted text beginclause (2)deleted text endnew text begin paragraph
(e)
new text end.

deleted text begin (2)deleted text endnew text begin (e)new text end Data on individuals collected and maintained in the investigation memorandum
are private datanew text begin on individualsnew text end, including:

deleted text begin (i)deleted text endnew text begin (1)new text end the name of the vulnerable adult;

deleted text begin (ii)deleted text endnew text begin (2)new text end the identity of the individual alleged to be the perpetrator;

deleted text begin (iii)deleted text end new text begin(3) new text endthe identity of the individual substantiated as the perpetrator; and

deleted text begin (iv)deleted text endnew text begin (4)new text end the identity of all individuals interviewed as part of the investigation.

deleted text begin (3)deleted text endnew text begin (f)new text end Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

deleted text begin (c)deleted text end new text begin(g) new text endAfter the assessment or investigation is completed, the name of the reporter must
be confidentialdeleted text begin.deleted text endnew text begin, except:
new text end

new text begin (1) new text endthe subject of the report may compel disclosure of the name of the reporter only with
the consent of the reporternew text begin;new text end or

new text begin (2) new text endupon a written finding by a court that the report was false and there is evidence that
the report was made in bad faith.

This subdivision does not alter disclosure responsibilities or obligations under the Rules
of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether to
order disclosure of the identity of the reporter.

deleted text begin (d)deleted text endnew text begin (h)new text end Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be maintained under the following
schedule and then destroyed unless otherwise directed by federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was made;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was made;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the report.

deleted text begin (e)deleted text endnew text begin (i)new text end The commissioners of health and human services shall annually publish on their
Web sites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations. On a biennial basis, the commissioners of health
and human services shall jointly report the following information to the legislature and the
governor:

(1) the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigations under this section,
the resolution of those investigations, and which of the two lead agencies was responsible;

(2) trends about types of substantiated maltreatment found in the reporting period;

(3) deleted text beginif there are upward trends for types of maltreatment substantiated,deleted text end recommendations
fornew text begin preventing,new text end addressingnew text begin,new text end and responding to deleted text beginthemdeleted text endnew text begin substantiated maltreatmentnew text end;

(4) efforts undertaken or recommended to improve the protection of vulnerable adults;

(5) whether and where backlogs of cases result in a failure to conform with statutory
time frames and recommendations for reducing backlogs if applicable;

(6) recommended changes to statutes affecting the protection of vulnerable adults; and

(7) any other information that is relevant to the report trends and findings.

deleted text begin (f)deleted text endnew text begin (j)new text end Each lead investigative agency must have a record retention policy.

deleted text begin (g)deleted text endnew text begin (k)new text end Lead investigative agencies, prosecuting authorities, and law enforcement agencies
may exchange not public data, as defined in section 13.02, if the agency or authority
requesting the data determines that the data are pertinent and necessary to the requesting
agency in initiating, furthering, or completing an investigation under this section. Data
collected under this section must be made available to prosecuting authorities and law
enforcement officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. deleted text beginThe lead investigative agency shall exchange not public
data with the vulnerable adult maltreatment review panel established in section 256.021 if
the data are pertinent and necessary for a review requested under that section.
deleted text end
Notwithstanding section 138.17, upon completion of the review, not public data received
by the review panel must be destroyed.

deleted text begin (h)deleted text endnew text begin (l)new text end Each lead investigative agency shall keep records of the length of time it takes to
complete its investigations.

deleted text begin (i)deleted text endnew text begin (m) Notwithstanding paragraph (a) or (b),new text end a lead investigative agency may new text beginshare
common entry point or investigative data and may
new text endnotify other affected partiesnew text begin, including
the vulnerable adult
new text end and their authorized representativenew text begin,new text end if the lead investigative agency has
reason to believe maltreatment has occurred and determines the information will safeguard
the well-being of the affected parties or dispel widespread rumor or unrest in the affected
facility.

deleted text begin (j)deleted text endnew text begin (n)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.

Sec. 50.

Minnesota Statutes 2016, section 626.557, subdivision 14, is amended to read:


Subd. 14.

Abuse prevention plans.

(a) Each facility, except home health agencies and
personal care deleted text beginattendant services providersdeleted text endnew text begin assistance provider agenciesnew text end, shall establish and
enforce an ongoing written abuse prevention plan. The plan shall contain an assessment of
the physical plant, its environment, and its population identifying factors which may
encourage or permit abuse, and a statement of specific measures to be taken to minimize
the risk of abuse. The plan shall comply with any rules governing the plan promulgated by
the licensing agency.

(b) Each facility, including a home health care agency and personal care attendant
services providers, shall develop an individual abuse prevention plan for each vulnerable
adult residing there or receiving services from them. The plan shall contain an individualized
assessment of: (1) the person's susceptibility to abuse by other individuals, including other
vulnerable adults; (2) the person's risk of abusing other vulnerable adults; and (3) statements
of the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults. For the purposes of this paragraph, the term "abuse" includes self-abuse.

(c) If the facility, except home health agencies and personal care attendant services
providers, knows that the vulnerable adult has committed a violent crime or an act of physical
aggression toward others, the individual abuse prevention plan must detail the measures to
be taken to minimize the risk that the vulnerable adult might reasonably be expected to pose
to visitors to the facility and persons outside the facility, if unsupervised. Under this section,
a facility knows of a vulnerable adult's history of criminal misconduct or physical aggression
if it receives such information from a law enforcement authority or through a medical record
prepared by another facility, another health care provider, or the facility's ongoing
assessments of the vulnerable adult.

new text begin (d) The commissioner of health must issue a correction order and may impose an
immediate fine upon a finding that the facility has failed to comply with this subdivision.
new text end

Sec. 51.

Minnesota Statutes 2016, section 626.557, subdivision 17, is amended to read:


Subd. 17.

Retaliation prohibited.

(a) A facility or person shall not retaliate against any
person who reports in good faith suspected maltreatment pursuant to this section, or against
a vulnerable adult with respect to whom a report is made, because of the report.

(b) In addition to any remedies allowed under sections 181.931 to 181.935, any facility
or person which retaliates against any person because of a report of suspected maltreatment
is liable to that person for actual damages, punitive damages up to $10,000, and attorney
fees.

(c) There shall be a rebuttable presumption that any adverse action, as defined below,
within 90 days of a report, is retaliatory. For purposes of this clause, the term "adverse
action" refers to action taken by a facility or person involved in a report against the person
making the report or the person with respect to whom the report was made because of the
report, and includes, but is not limited to:

(1) discharge or transfer from the facility;

(2) discharge from or termination of employment;

(3) demotion or reduction in remuneration for services;

(4) restriction or prohibition of access to the facility or its residents; or

(5) any restriction of rights set forth in section 144.651new text begin, 144A.44, or 144A.441new text end.

Sec. 52.

Minnesota Statutes 2016, section 626.5572, subdivision 6, is amended to read:


Subd. 6.

Facility.

(a) "Facility" meansnew text begin:
new text end

new text begin (1) new text enda hospital or other entity required to be licensed under sections 144.50 to 144.58;

new text begin (2) new text enda nursing home required to be licensed to serve adults under section 144A.02;

new text begin (3) new text enda facility or service required to be licensed under chapter 245A;

new text begin (4) new text enda home care provider licensed or required to be licensed under sections 144A.43 to
144A.482;

new text begin (5) new text enda hospice provider licensed under sections 144A.75 to 144A.755;

new text begin (6) a housing with services establishment registered under chapter 144D, including an
entity operating under chapter 144G, assisted living title protection;
new text endor

new text begin (7) new text enda person or organization that offers, provides, or arranges for personal care assistance
services under the medical assistance program as authorized under sections 256B.0625,
subdivision 19a
, 256B.0651 to 256B.0654, 256B.0659, or 256B.85.

(b) For new text beginpersonal care assistance new text endservices identified in paragraph (a)new text begin, clause (7),new text end that are
provided in the vulnerable adult's own home or in another unlicensed locationnew text begin other than
an unlicensed setting listed in paragraph (a)
new text end, the term "facility" refers to the provider, person,
or organization that offers, provides, or arranges for personal care new text beginassistance new text endservices, and
does not refer to the vulnerable adult's home or other location at which services are rendered.

Sec. 53. new text beginREPORT; SAFETY AND QUALITY IMPROVEMENT PRACTICES.
new text end

new text begin By January 15, 2019, the safety and quality improvement technical panel established
under Minnesota Statutes, section 144A.53, subdivision 5, shall provide recommendations
to the legislature on legislative changes needed to promote safety and quality improvement
practices in long-term care settings and with long-term care providers. The recommendations
must address:
new text end

new text begin (1) how to implement a system for adverse health events reporting, learning, and
prevention in long-term care settings and with long-term care providers; and
new text end

new text begin (2) interim actions to improve systems for the timely analysis of reports and complaints
submitted to the Office of Health Facility Complaints to identify common themes and key
prevention opportunities, and to disseminate key findings to providers across the state for
the purposes of shared learning and prevention.
new text end

Sec. 54. new text beginREPORTS; OFFICE OF HEALTH FACILITY COMPLAINTS' RESPONSE
TO VULNERABLE ADULT MALTREATMENT ALLEGATIONS.
new text end

new text begin (a) On a quarterly basis until January 2021, and annually thereafter, the commissioner
of health must publish on the Department of Health Web site, a report on the Office of
Health Facility Complaints' response to allegations of maltreatment of vulnerable adults.
The report must include:
new text end

new text begin (1) a description and assessment of the office's efforts to improve its internal processes
and compliance with federal and state requirements concerning allegations of maltreatment
of vulnerable adults, including any relevant timelines;
new text end

new text begin (2)(i) the number of reports received by type of reporter; (ii) the number of reports
investigated; (iii) the percentage and number of reported cases awaiting triage; (iv) the
number and percentage of open investigations; (v) the number and percentage of reports
that have failed to meet state or federal timelines for triaging, investigating, or making a
final disposition of an investigation by cause of delay; and (vi) processes the office will
implement to bring the office into compliance with state and federal timelines for triaging,
investigating, and making final dispositions of investigations;
new text end

new text begin (3) a trend analysis of internal audits conducted by the office; and
new text end

new text begin (4) trends and patterns in maltreatment of vulnerable adults, licensing violations by
facilities or providers serving vulnerable adults, and other metrics as determined by the
commissioner.
new text end

new text begin (b) The commissioner shall maintain on the Department of Health Web site reports
published under this section for at least the past three years.
new text end

Sec. 55. new text beginASSISTED LIVING AND DEMENTIA CARE LICENSING WORKING
GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) An assisted living and dementia care
licensing working group is established.
new text end

new text begin (b) The commissioner of health shall appoint the following members of the working
group:
new text end

new text begin (1) four providers from the senior housing with services profession, two providing
services in the seven-county metropolitan area and two providing services outside the
seven-county metropolitan area. The providers appointed must include providers from
establishments of different sizes;
new text end

new text begin (2) two persons who reside in senior housing with services establishments, or family
members of persons who reside in senior housing with services establishments. One resident
or family member must reside in the seven-county metropolitan area and one resident or
family member must reside outside the seven-county metropolitan area;
new text end

new text begin (3) one representative from the Home Care and Assisted Living Program Advisory
Council;
new text end

new text begin (4) one representative of a health plan company;
new text end

new text begin (5) one representative from Care Providers of Minnesota;
new text end

new text begin (6) one representative from LeadingAge Minnesota;
new text end

new text begin (7) one representative from the Alzheimer's Association;
new text end

new text begin (8) one representative from the Metropolitan Area Agency on Aging and one
representative from an area agency on aging other than the Metropolitan Area Agency on
Aging;
new text end

new text begin (9) one representative from the Minnesota Rural Health Association;
new text end

new text begin (10) one federal compliance official; and
new text end

new text begin (11) one representative from the Minnesota Home Care Association.
new text end

new text begin (c) The following individuals shall also be members of the working group:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) one member of the Minnesota Council on Disability or a designee, appointed by the
council;
new text end

new text begin (4) one member of the Commission of Deaf, Deafblind and Hard of Hearing Minnesotans
or a designee, appointed by the commission;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of human services or a designee;
new text end

new text begin (7) the ombudsman for long-term care or a designee; and
new text end

new text begin (8) one member of the Minnesota Board of Aging, appointed by the board.
new text end

new text begin (d) The appointing authorities under this subdivision must complete the appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin (a) The assisted living and dementia care licensing
working group shall consider and make recommendations on a new regulatory framework
for assisted living and dementia care. In developing the licensing framework, the working
group must address at least the following:
new text end

new text begin (1) the appropriate level of regulation, including licensure, registration, or certification;
new text end

new text begin (2) coordination of care;
new text end

new text begin (3) the scope of care to be provided and limits on acuity levels of residents;
new text end

new text begin (4) consumer rights;
new text end

new text begin (5) building design and physical environment;
new text end

new text begin (6) dietary services;
new text end

new text begin (7) support services;
new text end

new text begin (8) transition planning;
new text end

new text begin (9) the installation and use of electronic monitoring in settings in which assisted living
or dementia care services are provided;
new text end

new text begin (10) staff training and qualifications;
new text end

new text begin (11) options for the engagement of seniors and their families;
new text end

new text begin (12) notices and financial requirements; and
new text end

new text begin (13) compliance with federal Medicaid waiver requirements for home and
community-based services settings.
new text end

new text begin (b) Facilities and providers licensed by the commissioner of human services shall be
exempt from licensing requirements for assisted living recommended under this section.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of health or a designee shall convene the first
meeting of the working group no later than August 1, 2018. The members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of health or a designee shall serve as the working group's chair until a chair
is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group appointed under subdivision
1, paragraph (b), shall serve without compensation or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of health shall provide
administrative support for the working group and arrange meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required under subdivision 6, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 56. new text beginDEMENTIA CARE CERTIFICATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) A dementia care certification working
group is established.
new text end

new text begin (b) The commissioner of health shall appoint the following members of the working
group:
new text end

new text begin (1) two caregivers of persons who have been diagnosed with Alzheimer's disease or
other dementia, one caregiver residing in the seven-county metropolitan area and one
caregiver residing outside the seven-county metropolitan area;
new text end

new text begin (2) two providers from the senior housing with services profession, one providing services
in the seven-county metropolitan area and one providing services outside the seven-county
metropolitan area;
new text end

new text begin (3) two geriatricians, one of whom serves a diverse or underserved community;
new text end

new text begin (4) one psychologist who specializes in dementia care;
new text end

new text begin (5) one representative of the Alzheimer's Association;
new text end

new text begin (6) one representative from Care Providers of Minnesota;
new text end

new text begin (7) one representative from LeadingAge Minnesota; and
new text end

new text begin (8) one representative from the Minnesota Home Care Association.
new text end

new text begin (c) The following individuals shall also be members of the working group:
new text end

new text begin (1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (3) the commissioner of health or a designee;
new text end

new text begin (4) the commissioner of human services or a designee;
new text end

new text begin (5) the ombudsman for long-term care or a designee;
new text end

new text begin (6) one member of the Minnesota Board on Aging, appointed by the board; and
new text end

new text begin (7) the executive director of the Minnesota Board on Aging, who shall serve as a
nonvoting member of the working group.
new text end

new text begin (d) The appointing authorities under this subdivision must complete their appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties; recommendations. new text end

new text begin The dementia care certification working group
shall consider and make recommendations regarding the certification of providers offering
dementia care services to clients diagnosed with Alzheimer's disease or other dementias.
The working group must:
new text end

new text begin (1) develop standards in the following areas that nursing homes, boarding care homes,
and housing with services establishments offering care for clients diagnosed with Alzheimer's
disease or other dementias must meet in order to obtain dementia care certification, including
staffing, egress control, access to secured outdoor spaces, specialized therapeutic activities,
and specialized life enrichment programming;
new text end

new text begin (2) develop requirements for disclosing dementia care certification standards to
consumers; and
new text end

new text begin (3) develop mechanisms for enforcing dementia care certification standards.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of health or a designee shall convene the first
meeting of the working group no later than August 1, 2018. The members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of health or a designee shall serve as the working group's chair until a chair
is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group appointed under subdivision
1, paragraph (b), shall serve without compensation or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of health shall provide
administrative support for the working group and arrange meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required under subdivision 6, whichever is earlier.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 57. new text beginASSISTED LIVING REPORT CARD WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) An assisted living report card working
group, tasked with researching and making recommendations on the development of an
assisted living report card, is established.
new text end

new text begin (b) The commissioner of human services shall appoint the following members of the
working group:
new text end

new text begin (1) two persons who reside in senior housing with services establishments, one residing
in an establishment in the seven-county metropolitan area and one residing in an
establishment outside the seven-county metropolitan area;
new text end

new text begin (2) four representatives of the senior housing with services profession, two providing
services in the seven-county metropolitan area and two providing services outside the
seven-county metropolitan area;
new text end

new text begin (3) one family member of a person who resides in a senior housing with services
establishment in the seven-county metropolitan area, and one family member of a person
who resides in a senior housing with services establishment outside the seven-county
metropolitan area;
new text end

new text begin (4) a representative from the Home Care and Assisted Living Program Advisory Council;
new text end

new text begin (5) a representative from the University of Minnesota with expertise in data and analytics;
new text end

new text begin (6) a representative from Care Providers of Minnesota; and
new text end

new text begin (7) a representative from LeadingAge Minnesota.
new text end

new text begin (c) The following individuals shall also be appointed to the working group:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the ombudsman for long-term care or a designee;
new text end

new text begin (4) one member of the Minnesota Board on Aging, appointed by the board; and
new text end

new text begin (5) the executive director of the Minnesota Board on Aging who shall serve on the
working group as a nonvoting member.
new text end

new text begin (d) The appointing authorities under this subdivision must complete the appointments
no later than July 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The assisted living report card working group shall consider and make
recommendations on the development of an assisted living report card. The quality metrics
considered shall include, but are not limited to:
new text end

new text begin (1) an annual customer satisfaction survey measure using the CoreQ questions for
assisted-living residents and family members;
new text end

new text begin (2) a measure utilizing level 3 or 4 citations from Department of Health home care survey
findings and substantiated Office of Health Facility Complaints findings against a home
care provider;
new text end

new text begin (3) a home care staff retention measure; and
new text end

new text begin (4) a measure that scores a provider's staff according to their level of training and
education.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of human services or a designee shall convene
the first meeting of the working group no later than August 1, 2018. The members of the
working group shall elect a chair from among the group's members at the first meeting, and
the commissioner of human services or a designee shall serve as the working group's chair
until a chair is elected. Meetings of the working group shall be open to the public.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall serve without compensation
or reimbursement for expenses.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of human services shall provide
administrative support and arrange meeting space for the working group.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2019, the working group must submit a report with
findings, recommendations, and draft legislation to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services policy and
finance.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The working group expires January 16, 2019, or the day after the
working group submits the report required in subdivision 6, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 58. new text beginDIRECTION TO COMMISSIONER OF HEALTH; PROGRESS IN
IMPLEMENTING RECOMMENDATIONS OF LEGISLATIVE AUDITOR.
new text end

new text begin By March 1, 2019, the commissioner of health must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health, human
services, or aging on the progress toward implementing each recommendation of the Office
of the Legislative Auditor with which the commissioner agreed in the commissioner's letter
to the legislative auditor dated March 1, 2018. The commissioner shall include in the report
existing data collected in the course of the commissioner's continuing oversight of the Office
of Health Facility Complaints sufficient to demonstrate the implementation of the
recommendations with which the commissioner agreed.
new text end

Sec. 59. new text beginDIRECTION TO COMMISSIONER OF HEALTH; POSTING
SUBSTANTIATED MALTREATMENT REPORTS.
new text end

new text begin The commissioner of health must post every substantiated report of maltreatment of a
vulnerable adult at the Web site of the Office of Health Facility Complaints.
new text end

Sec. 60. new text beginDIRECTION TO COMMISSIONER OF HEALTH; PROVIDER
EDUCATION.
new text end

new text begin (a) The commissioner of health shall develop decision-making tools, including decision
trees, regarding provider self-reported maltreatment allegations, and shall share these tools
with providers. As soon as practicable, the commissioner shall update the decision-making
tools as necessary, including whenever federal or state requirements change, and shall inform
providers when the updated tools are available. The commissioner shall develop
decision-making tools that clarify and encourage reporting whether the provider is licensed
or registered under federal or state law, while also educating providers on any distinctions
in reporting under federal versus state law.
new text end

new text begin (b) The commissioner of health shall conduct rigorous trend analyses of maltreatment
reports, triage decisions, investigation determinations, enforcement actions, and appeals to
identify trends and patterns in reporting of maltreatment, substantiated maltreatment, and
licensing violations and shall share these findings with providers and interested stakeholders.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 256.021, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7697

256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.

Subdivision 1.

Creation.

(a) The commissioner of human services shall establish a review panel for purposes of reviewing lead investigative agency determinations regarding maltreatment of a vulnerable adult in response to requests received under section 626.557, subdivision 9d, paragraph (b). The panel shall hold quarterly meetings for purposes of conducting reviews under this section.

(b) The review panel consists of:

(1) the commissioners of health and human services or their designees;

(2) the ombudsman for long-term care and ombudsman for mental health and developmental disabilities, or their designees;

(3) a member of the board on aging, appointed by the board; and

(4) a representative from the county human services administrators appointed by the commissioner of human services or the administrator's designee.

Subd. 2.

Review procedure.

(a) If a vulnerable adult or an interested person acting on behalf of the vulnerable adult requests a review under this section, the panel shall review the request at its next quarterly meeting. If the next quarterly meeting is within ten days of the panel's receipt of the request for review, the review may be delayed until the next subsequent meeting. The panel shall review the request and the investigation memorandum and may review any other data on the investigation maintained by the lead investigative agency that are pertinent and necessary to its review of the final disposition. If more than one person requests a review under this section with respect to the same final disposition, the review panel shall combine the requests into one review. The panel shall submit its written request for the case file and other documentation relevant to the review to the supervisor of the investigator conducting the investigation under review.

(b) Within 30 days of the review under this section, the panel shall notify the director or manager of the lead investigative agency and the vulnerable adult or interested person who requested the review as to whether the panel concurs with the final disposition or whether the lead investigative agency must reconsider the final disposition. If the panel determines that the lead investigative agency must reconsider the final disposition, the panel must make specific recommendations to the director or manager of the lead investigative agency. The recommendation must include an explanation of the factors that form the basis of the recommendation to reconsider the final disposition and must specifically identify the disputed facts, the disputed application of maltreatment definitions, the disputed application of responsibility for maltreatment, and the disputed weighing of evidence, whichever apply. Within 30 days the lead investigative agency shall conduct a review and report back to the panel with its determination and the specific rationale for its final disposition. At a minimum, the specific rationale must include a detailed response to each of the factors identified by the panel that formed the basis for the recommendations of the panel.

(c) Upon receiving the report of reconsideration from the lead investigative agency, the panel shall communicate the decision in writing to the vulnerable adult or interested person acting on behalf of the vulnerable adult who requested the review. The panel shall include the specific rationale provided by the lead investigative agency as part of the communication.

Subd. 3.

Report.

By January 15 of each year, the panel shall submit a report to the committees of the legislature with jurisdiction over section 626.557 regarding the number of requests for review it receives under this section, the number of cases where the panel requires the lead investigative agency to reconsider its final disposition, and the number of cases where the final disposition is changed, and any recommendations to improve the review or investigative process.

Subd. 4.

Data.

Data of the review panel created or received as part of a review under this section are private data on individuals as defined in section 13.02.