1.1 	A bill for an act
1.2 	relating to health; modifying exclusions from home care licensure;amending 
1.3 	Minnesota Statutes 2014, section 144A.471, subdivision 9.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2014, section 144A.471, subdivision 9, is amended to 
1.6 	read:
1.7 		Subd. 9.Exclusions from home care licensure. The following are excluded from 
1.8 	home care licensure and are not required to provide the home care bill of rights:
1.9 	(1) an individual or business entity providing only coordination of home care that 
1.10 	includes one or more of the following:
1.11 	(i) determination of whether a client needs home care services, or assisting a client 
1.12 	in determining what services are needed;
1.13 	(ii) referral of clients to a home care provider;
1.14 	(iii) administration of payments for home care services; or
1.15 	(iv) administration of a health care home established under section 256B.0751;
1.16 	(2) an individual who is not an employee of a licensed home care provider if the 
1.17 	individual:
1.18 	(i) only provides services as an independent contractor to one or more licensed 
1.19 	home care providers;
1.20 	(ii) provides no services under direct agreements or contracts with clients; and
1.21 	(iii) is contractually bound to perform services in compliance with the contracting 
1.22 	home care provider's policies and service plans;
1.23 	(3) a business that provides staff to home care providers, such as a temporary 
1.24 	employment agency, if the business:
2.1 	(i) only provides staff under contract to licensed or exempt providers;
2.2 	(ii) provides no services under direct agreements with clients; and
2.3 	(iii) is contractually bound to perform services under the contracting home care 
2.4 	provider's direction and supervision;
2.5 	(4) any home care services conducted by and for the adherents of any recognized 
2.6 	church or religious denomination for its members through spiritual means, or by prayer 
2.7 	for healing;
2.8 	(5) an individual who only provides home care services to a relative;
2.9 	(6) an individual not connected with a home care provider that provides assistance 
2.10 	with basic home care needs if the assistance is provided primarily as a contribution and 
2.11 	not as a business;
2.12 	(7) an individual not connected with a home care provider that shares housing with 
2.13 	and provides primarily housekeeping or homemaking services to an elderly or disabled 
2.14 	person in return for free or reduced-cost housing;
2.15 	(8) an individual or provider providing home-delivered meal services;
2.16 	(9) an individual providing senior companion services and other older American 
2.17 	volunteer programs (OAVP) established under the Domestic Volunteer Service Act of 
2.18 	1973, United States Code, title 42, chapter 66;
2.19 	(10) an employee of a nursing home licensed under this chapter or an employee of a 
2.20 	boarding care home licensed under sections 144.50 to 144.56 who responds to occasional 
2.21 	emergency calls from individuals residing in a residential setting that is attached to or 
2.22 	located on property contiguous to the nursing home or boarding care home;
2.23 	(11) an employee of a nursing home licensed under this chapter or an employee of a 
2.24 	boarding care home licensed under sections 144.50 to 144.56 who provides occasional 
2.25 	minor services free of charge to individuals residing in a residential setting that is attached 
2.26 	to or located on property contiguous to the nursing home or boarding care home;
2.27 	(11) (12) a member of a professional corporation organized under chapter 319B that 
2.28 	does not regularly offer or provide home care services as defined in section 144A.43, 
2.29 	subdivision 3;
2.30 	(12) (13) the following organizations established to provide medical or surgical 
2.31 	services that do not regularly offer or provide home care services as defined in section 
2.32 	144A.43, subdivision 3: a business trust organized under sections 318.01 to 318.04, 
2.33 	a nonprofit corporation organized under chapter 317A, a partnership organized under 
2.34 	chapter 323, or any other entity determined by the commissioner;
3.1 	(13) (14) an individual or agency that provides medical supplies or durable medical 
3.2 	equipment, except when the provision of supplies or equipment is accompanied by a 
3.3 	home care service;
3.4 	(14) (15) a physician licensed under chapter 147;
3.5 	(15) (16) an individual who provides home care services to a person with a 
3.6 	developmental disability who lives in a place of residence with a family, foster family, or 
3.7 	primary caregiver;
3.8 	(16) (17) a business that only provides services that are primarily instructional and 
3.9 	not medical services or health-related support services;
3.10 	(17) (18) an individual who performs basic home care services for no more than 
3.11 	14 hours each calendar week to no more than one client;
3.12 	(18) (19) an individual or business licensed as hospice as defined in sections 144A.75
3.13 	to 144A.755 who is not providing home care services independent of hospice service;
3.14 	(19) (20) activities conducted by the commissioner of health or a community health 
3.15 	board as defined in section 145A.02, subdivision 5, including communicable disease 
3.16 	investigations or testing; or
3.17 	(20) (21) administering or monitoring a prescribed therapy necessary to control or 
3.18 	prevent a communicable disease, or the monitoring of an individual's compliance with a 
3.19 	health directive as defined in section 144.4172, subdivision 6.