Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 289-S.F.No. 2764 
                  An act relating to human services licensing; modifying 
                  standards for reporting incidents in licensed programs 
                  serving persons with mental retardation or related 
                  conditions; amending Minnesota Statutes 2000, sections 
                  245B.02, subdivision 10; 245B.05, subdivision 7; 
                  245B.07, subdivision 1; 626.557, subdivision 14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 245B.02, 
        subdivision 10, is amended to read: 
           Subd. 10.  [INCIDENT.] "Incident" means any of the 
        following: 
           (1) serious injury as determined by section 245.91, 
        subdivision 6; accident; reports of a child or vulnerable adult 
        maltreatment; circumstances that involve a law enforcement 
        agency; or 
           (2) a consumer's death; 
           (3) any medical emergencies, unexpected serious illnesses, 
        or accidents that require physician treatment or 
        hospitalization; 
           (4) a consumer's unauthorized absence; 
           (5) any fires or other circumstances involving a law 
        enforcement agency; 
           (6) physical aggression by a consumer against another 
        consumer that causes physical pain, injury, or persistent 
        emotional distress, including, but not limited to, hitting, 
        slapping, kicking, scratching, pinching, biting, pushing, and 
        spitting; 
           (7) any sexual activity between consumers involving force 
        or coercion as defined under section 609.341, subdivisions 3 and 
        14; or 
           (8) a report of child or vulnerable adult maltreatment 
        under section 626.556 or 626.557. 
           Sec. 2.  Minnesota Statutes 2000, section 245B.05, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REPORTING INCIDENTS AND EMERGENCIES.] (a) The 
        license holder must maintain information about and report the 
        following incidents under section 245B.02, subdivision 10, 
        clauses (1) to (7), to the consumer's legal representative, 
        other licensed caregiver, if any, and case manager within 24 
        hours of the occurrence, or within 24 hours of receipt of the 
        information: 
           (1) the death of a consumer; 
           (2) any medical emergencies, unexpected serious illnesses, 
        or accidents that require physician treatment or 
        hospitalization; 
           (3) a consumer's unauthorized absence; or 
           (4) any fires and incidents involving a law enforcement 
        agency unless the incident has been reported by another license 
        holder.  An incident under section 245B.02, subdivision 10, 
        clause (8), must be reported as required under paragraph (c) 
        unless the incident has been reported by another license holder. 
           (b) When the incident involves more than one consumer, the 
        license holder must not disclose personally identifiable 
        information about any other consumer when making the report to 
        each consumer's legal representative, other licensed caregiver, 
        if any, and case manager unless the license holder has the 
        consent of a consumer or a consumer's legal representative. 
           (c) Within 24 hours of reporting maltreatment as required 
        under section 626.556 or 626.557, the license holder must inform 
        the consumer's legal representative and case manager of the 
        report unless there is reason to believe that the legal 
        representative or case manager is involved in the suspected 
        maltreatment.  The information the license holder must disclose 
        is the nature of the activity or occurrence reported, the agency 
        that receives the report, and the telephone number of the 
        department of human services licensing division. 
           (d) Death or serious injury of the consumer must also be 
        reported to the department of human services licensing division 
        and the ombudsman, as required under sections 245.91 and 245.94, 
        subdivision 2a. 
           Sec. 3.  Minnesota Statutes 2000, section 245B.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONSUMER DATA FILE.] The license holder 
        must maintain the following information for each consumer: 
           (1) identifying information that includes date of birth, 
        medications, legal representative, history, medical, and other 
        individual-specific information, and names and telephone numbers 
        of contacts; 
           (2) consumer health information, including individual 
        medication administration and monitoring information; 
           (3) the consumer's individual service plan.  When a 
        consumer's case manager does not provide a current individual 
        service plan, the license holder shall make a written request to 
        the case manager to provide a copy of the individual service 
        plan and inform the consumer or the consumer's legal 
        representative of the right to an individual service plan and 
        the right to appeal under section 256.045; 
           (4) copies of assessments, analyses, summaries, and 
        recommendations; 
           (5) progress review reports; 
           (6) incident and emergency reports incidents involving the 
        consumer; 
           (7) reports required under section 245B.05, subdivision 7; 
           (8) discharge summary, when applicable; 
           (8) (9) record of other license holders serving the 
        consumer that includes a contact person and telephone numbers, 
        services being provided, services that require coordination 
        between two license holders, and name of staff responsible for 
        coordination; and 
           (9) incidents involving (10) information about verbal and 
        physical aggression between consumers directed at the consumer 
        by another consumer; and 
           (11) information about self-abuse affecting the consumer. 
           Sec. 4.  Minnesota Statutes 2000, section 626.557, 
        subdivision 14, is amended to read: 
           Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
        except home health agencies and personal care attendant services 
        providers, 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 the person's 
        susceptibility to abuse by other individuals, including other 
        vulnerable adults, and a statement of the specific measures to 
        be taken to minimize the risk of abuse to that person.  For the 
        purposes of this clause, the term "abuse" includes self-abuse. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:31 p.m.