SF 2461

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2014 09:37am

A bill for an act
relating to health; making changes to home care provider licensing and
compliance monitoring; amending Minnesota Statutes 2013 Supplement, sections
144A.474, subdivision 12; 144A.475, subdivision 3, by adding subdivisions.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
is amended to read:

Subd. 12.

Reconsideration.

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

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

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

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

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

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

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

(5) the correction order is rescinded;

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

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

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

new text begin (e) This subdivision does not apply to temporary licensees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and for current
licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, is
amended to read:

Subd. 3.

Notice.

Prior to any suspension, revocation, or refusal to renew a license,
the home care provider shall be entitled to notice and a hearing as provided by sections
14.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
without a prior contested case hearing, temporarily suspend a license or prohibit delivery
of services by a provider for not more than 90 days if the commissioner determines that
deleted text begin the health or safety of a consumer is in imminent danger, deleted text end new text begin there are level 3 or 4 violations
as defined in section 144A.474, subdivision 11, paragraph (b), new text end provided:

(1) advance notice is given to the home care provider;

(2) after notice, the home care provider fails to correct the problem;

(3) the commissioner has reason to believe that other administrative remedies are not
likely to be effective; and

(4) there is an opportunity for a contested case hearing within the deleted text begin 90 deleted text end new text begin 30 new text end days new text begin unless
there is an extension granted by an administrative law judge pursuant to subdivision 3b new text end .

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective August 1, 2014,
and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
renewal.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Hearing. new text end

new text begin Within 15 business days of receipt of the licensee's timely appeal
of a sanction under this section, other than for a temporary suspension, the commissioner
shall request assignment of an administrative law judge. The commissioner's request must
include a proposed date, time, and place of hearing. A hearing must be conducted by an
administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
within 90 calendar days of the request for assignment, unless an extension is requested by
either party and granted by the administrative law judge for good cause or for purposes of
discussing settlement. In no case shall one or more extensions be granted for a total of
more than 90 calendar days unless there is a criminal action pending against the licensee.
If, while a licensee continues to operate pending an appeal of an order for revocation,
suspension, or refusal to renew a license, the commissioner identifies one or more new
violations of law that meet the requirements of level 3 or 4 violations as defined in section
144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
temporarily suspend the license under the provisions in subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for appeals received on or after
August 1, 2014.
new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Temporary suspension expedited hearing. new text end

new text begin (a) Within five business
days of receipt of the license holder's timely appeal of a temporary suspension, the
commissioner shall request assignment of an administrative law judge. The request must
include a proposed date, time, and place of a hearing. A hearing must be conducted by an
administrative law judge within 30 calendar days of the request for assignment, unless
an extension is requested by either party and granted by the administrative law judge
for good cause. The commissioner shall issue a notice of hearing by certified mail or
personal service at least ten business days before the hearing. Certified mail to the last
known address is sufficient. The scope of the hearing shall be limited solely to the issue of
whether the temporary suspension should remain in effect and whether there is sufficient
evidence to conclude that the licensee's actions or failure to comply with applicable laws
are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
new text end

new text begin (b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten business days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten business days from the close of the
record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
the commissioner shall issue a final order affirming the temporary immediate suspension
within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
license holder is prohibited from operation during the 90-day temporary suspension period.
new text end

new text begin (c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
sanction, the licensee is prohibited from operation pending a final commissioner's order
after the contested case hearing conducted under chapter 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end