SF 3315

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying regulation of certain home care service providers;
amending Minnesota Statutes 2006, section 144A.45, subdivision 1, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2006, section 144A.45, subdivision 1, is amended to
read:

Subdivision 1.

Rules.

The commissioner shall adopt rules for the regulation of
home care providers pursuant to sections 144A.43 to 144A.47. The rules shall include
the following:

deleted text begin (a) deleted text end new text begin (1) new text end provisions to assure, to the extent possible, the health, safety and well-being,
and appropriate treatment of persons who receive home care services;

deleted text begin (b) deleted text end new text begin (2) new text end requirements that home care providers furnish the commissioner with
specified information necessary to implement sections 144A.43 to 144A.47;

deleted text begin (c) deleted text end new text begin (3) new text end standards of training of home care provider personnel, which may vary
according to the nature of the services provided or the health status of the consumer;

deleted text begin (d) deleted text end new text begin (4) new text end standards for medication management which may vary according to the
nature of the services provided, the setting in which the services are provided, or the
status of the consumer. Medication management includes the central storage, handling,
distribution, and administration of medications;

deleted text begin (e) deleted text end new text begin (5) new text end standards for supervision of home care services requiring supervision by a
registered nurse or other appropriate health care professional which must occur on site
at least every 62 days, or more frequently if indicated by a clinical assessment, and in
accordance with sections 148.171 to 148.285 and rules adopted thereunder new text begin , except that,
notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 5, item B,
supervision of a person performing home care aide tasks for a class B licensee providing
paraprofessional services must occur only every 180 days, or more frequently if indicated
by a clinical assessment new text end ;

deleted text begin (f) deleted text end new text begin (6) new text end standards for client evaluation or assessment which may vary according to the
nature of the services provided or the status of the consumer;

deleted text begin (g) deleted text end new text begin (7) new text end requirements for the involvement of a consumer's physician, the
documentation of physicians' orders, if required, and the consumer's treatment plan, and
the maintenance of accurate, current clinical records;

deleted text begin (h) deleted text end new text begin (8) new text end the establishment of different classes of licenses for different types of
providers and different standards and requirements for different kinds of home care
services; and

deleted text begin (i) deleted text end new text begin (9) new text end operating procedures required to implement the home care bill of rights.

Sec. 2.

Minnesota Statutes 2006, section 144A.45, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Home care aide tasks. new text end

new text begin Notwithstanding the provisions of Minnesota
Rules, part 4668.0110, subpart 1, item E, home care aide tasks also include assisting
toileting, transfers, and ambulation if the client is ambulatory and if the client has no
serious acute illness or infectious disease.
new text end