1.1                          A bill for an act 
  1.2             relating to human services; modifying standards for 
  1.3             reporting incidents and emergencies in licensed 
  1.4             programs serving persons with mental retardation or 
  1.5             related conditions; amending Minnesota Statutes 2000, 
  1.6             sections 245B.02, subdivision 10; 245B.05, subdivision 
  1.7             7; 626.557, subdivision 14. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 245B.02, 
  1.10  subdivision 10, is amended to read: 
  1.11     Subd. 10.  [INCIDENT.] "Incident" means any serious injury 
  1.12  as determined by section 245.91, subdivision 6; accident; 
  1.13  reports of a child or vulnerable adult maltreatment; verbal or 
  1.14  physical aggression by a consumer of any age that meets the 
  1.15  definition of abuse under section 626.5572, subdivision 2, but 
  1.16  is excluded from the reporting requirements under section 
  1.17  626.557, subdivision 3a, paragraph (b); circumstances that 
  1.18  involve a law enforcement agency; or a consumer's death. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 245B.05, 
  1.20  subdivision 7, is amended to read: 
  1.21     Subd. 7.  [REPORTING INCIDENTS AND EMERGENCIES.] The 
  1.22  license holder must report the following incidents to the 
  1.23  consumer's legal representative, caregiver, and case manager 
  1.24  within 24 hours of the occurrence, or within 24 hours of receipt 
  1.25  of the information: 
  1.26     (1) the death of a consumer; 
  2.1      (2) any medical emergencies, unexpected serious illnesses, 
  2.2   or accidents that require physician treatment or 
  2.3   hospitalization; 
  2.4      (3) a consumer's unauthorized absence; or 
  2.5      (4) any fires and incidents involving a law enforcement 
  2.6   agency; 
  2.7      (5) instances of verbal or physical aggression by a 
  2.8   consumer of any age that meet the definition of abuse under 
  2.9   section 626.5572, subdivision 2, but are excluded from the 
  2.10  reporting requirements under section 626.557, subdivision 3a, 
  2.11  paragraph (b).  The license holder must report to the legal 
  2.12  representative, caregiver, and case manager of all consumers 
  2.13  involved in the incident; or 
  2.14     (6) a maltreatment report required under section 626.556 or 
  2.15  626.557 involving a consumer. 
  2.16     Death or serious injury of the consumer must also be 
  2.17  reported to the department of human services licensing division 
  2.18  and the ombudsman, as required under sections 245.91 and 245.94, 
  2.19  subdivision 2a. 
  2.20     Sec. 3.  Minnesota Statutes 2000, section 626.557, 
  2.21  subdivision 14, is amended to read: 
  2.22     Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
  2.23  except home health agencies and personal care attendant services 
  2.24  providers, shall establish and enforce an ongoing written abuse 
  2.25  prevention plan.  The plan shall contain an assessment of the 
  2.26  physical plant, its environment, and its population identifying 
  2.27  factors which may encourage or permit abuse, and a statement of 
  2.28  specific measures to be taken to minimize the risk of abuse.  
  2.29  The plan shall comply with any rules governing the plan 
  2.30  promulgated by the licensing agency.  
  2.31     (b) Each facility, including a home health care agency and 
  2.32  personal care attendant services providers, shall develop an 
  2.33  individual abuse prevention plan for each vulnerable adult 
  2.34  residing there or receiving services from them.  The plan shall 
  2.35  contain an individualized assessment of the person's 
  2.36  susceptibility to abuse, and a statement of the specific 
  3.1   measures to be taken to minimize the risk of abuse to that 
  3.2   person.  For the purposes of this clause, the term "abuse" 
  3.3   includes self-abuse and verbal and physical aggression that 
  3.4   meets the definition of abuse under section 626.5572, 
  3.5   subdivision 2, that is committed by a patient, resident, or 
  3.6   client of a facility.