HF 1546

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring disclosure of the form 
  1.3             of care or treatment provided in certain special care 
  1.4             status units; providing penalties and remedies; 
  1.5             amending Minnesota Statutes 2000, sections 8.31, 
  1.6             subdivision 1; 144A.4605, subdivision 4; and 144D.06; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 325F. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 8.31, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [INVESTIGATE OFFENSES AGAINST THE 
  1.13  PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN 
  1.14  ENFORCEMENT.] The attorney general shall investigate violations 
  1.15  of the law of this state respecting unfair, discriminatory, and 
  1.16  other unlawful practices in business, commerce, or trade, and 
  1.17  specifically, but not exclusively, the Nonprofit Corporation Act 
  1.18  (sections 317A.001 to 317A.909), the Act Against Unfair 
  1.19  Discrimination and Competition (sections 325D.01 to 325D.07), 
  1.20  the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), 
  1.21  the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 
  1.22  and other laws against false or fraudulent advertising, the 
  1.23  antidiscrimination acts contained in section 325D.67, the act 
  1.24  against monopolization of food products (section 325D.68), the 
  1.25  act regulating telephone advertising services (section 325E.39), 
  1.26  the Prevention of Consumer Fraud Act acts related to the 
  1.27  prevention of consumer fraud (sections 325F.68 to 325F.70), and 
  2.1   chapter 53A regulating currency exchanges and assist in the 
  2.2   enforcement of those laws as in this section provided. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 144A.4605, 
  2.4   subdivision 4, is amended to read: 
  2.5      Subd. 4.  [LICENSE REQUIRED.] (a) A housing with services 
  2.6   establishment registered under chapter 144D that is required to 
  2.7   obtain a home care license must obtain an assisted living home 
  2.8   care license according to this section or a class A or class E 
  2.9   license according to rule.  A housing with services 
  2.10  establishment that obtains a class E license under this 
  2.11  subdivision remains subject to the payment limitations in 
  2.12  sections 256B.0913, subdivision 5, paragraph (h), and 256B.0915, 
  2.13  subdivision 3, paragraph (g). 
  2.14     (b) A board and lodging establishment registered for 
  2.15  special services as of December 31, 1996, and also registered as 
  2.16  a housing with services establishment under chapter 144D, must 
  2.17  deliver home care services according to sections 144A.43 to 
  2.18  144A.48, and may apply for a waiver from requirements under 
  2.19  Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a 
  2.20  licensed agency under the standards of section 157.17.  Such 
  2.21  waivers as may be granted by the department will expire upon 
  2.22  promulgation of home care rules implementing section 144A.4605. 
  2.23     (c) An adult foster care provider licensed by the 
  2.24  department of human services and registered under chapter 144D 
  2.25  may continue to provide health-related services under its foster 
  2.26  care license until the promulgation of home care rules 
  2.27  implementing this section. 
  2.28     (d) An assisted living home care provider licensed under 
  2.29  this section must comply with the disclosure provisions of 
  2.30  section 325F.691. 
  2.31     Sec. 3.  Minnesota Statutes 2000, section 144D.06, is 
  2.32  amended to read: 
  2.33     144D.06 [OTHER LAWS.] 
  2.34     A housing with services establishment shall obtain and 
  2.35  maintain all other licenses, permits, registrations, or other 
  2.36  governmental approvals required of it in addition to 
  3.1   registration under this chapter.  A housing with services 
  3.2   establishment is subject to the provisions of section 325F.691 
  3.3   and chapter 504B.  
  3.4      Sec. 4.  [325F.691] [DISCLOSURE OF SPECIAL CARE STATUS 
  3.5   REQUIRED.] 
  3.6      Subdivision 1.  [PERSONS TO WHOM DISCLOSURE IS 
  3.7   REQUIRED.] Housing with services providers, as defined in 
  3.8   sections 144D.01 to 144D.07, that offer placement as a memory 
  3.9   care center, a residence which treats dementia, or provides 
  3.10  Alzheimer's disease treatment, will be considered a special care 
  3.11  unit.  As used in this section, the term "special care unit" 
  3.12  includes those portions of a housing building designated 
  3.13  especially for residents with Alzheimer's disease or other 
  3.14  dementias.  All special care status units are required to 
  3.15  disclose the form of care or treatment provided.  The disclosure 
  3.16  must be in writing and must be made to all of the following: 
  3.17     (1) the Minnesota department of health as part of its 
  3.18  licensing procedures; 
  3.19     (2) each person seeking placement within a residence, or 
  3.20  the person's authorized representative, before an agreement to 
  3.21  provide the care is entered into; and 
  3.22     (3) the office of ombudsman for older Minnesotans, 
  3.23  annually, or more often if requested. 
  3.24     Subd. 2.  [CONTENT.] Information that must be disclosed in 
  3.25  writing includes, but is not limited to, all of the following: 
  3.26     (1) a statement of the overall philosophy of admissions and 
  3.27  how it reflects the special needs of residents with Alzheimer's 
  3.28  disease or other dementias, mental health disability, or other 
  3.29  special needs, disease, or condition; 
  3.30     (2) the process and criteria for placement, transfer, or 
  3.31  discharge to or from this special care unit; 
  3.32     (3) the process used for assessment and establishment of 
  3.33  the plan of care and its implementation, including how the plan 
  3.34  of care is responsive to changes in the resident's condition; 
  3.35     (4) staffing ratios and how they meet the resident's need 
  3.36  for increased care and supervision; 
  4.1      (5) a clearly written description of the program goals of 
  4.2   the special care unit consistent with the needs of the residents 
  4.3   to be served, and a full description of the care and services to 
  4.4   be provided and by whom; including the number of employees of 
  4.5   the special care unit and the services provided by each 
  4.6   employee; 
  4.7      (6) staff training that is dementia-specific; 
  4.8      (7) physical environment and design features that 
  4.9   specifically address the needs of residents with Alzheimer's 
  4.10  disease or other dementias; 
  4.11     (8) frequency and type of programs and activities for 
  4.12  residents of the special care unit; 
  4.13     (9) involvement of families in resident care and 
  4.14  availability of family support programs; 
  4.15     (10) additional costs and fees to the residents for unique 
  4.16  care; and 
  4.17     (11) clear statement of how and why fees will be changed, 
  4.18  including a statement that a two-month notice will be given 
  4.19  before a fee is changed. 
  4.20     Subd. 3.  [REVIEW.] As part of its license renewal 
  4.21  procedures with the Minnesota department of health, the 
  4.22  department shall examine for accuracy the disclosure required by 
  4.23  this section and compliance with all applicable laws and rules.  
  4.24  Substantial changes to disclosures must be reported to the 
  4.25  department of health at the time the change is made. 
  4.26     Subd. 4.  [PENALTIES AND REMEDIES.] A person who violates 
  4.27  this section, or who fails to provide the services described in 
  4.28  the disclosure required by subdivision 2, is subject to the 
  4.29  penalties and remedies under section 8.31, including a private 
  4.30  right of action. 
  4.31     Monetary damages are not limited to physical or mental 
  4.32  injury and include fees paid by the resident during the period 
  4.33  the violation occurred. 
  4.34     The penalties and remedies in this subdivision are in 
  4.35  addition to any other applicable penalties or remedies.