Minnesota Administrative Rules

6400.5100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2.

Accredited.

"Accredited" means approved by a regional accrediting organization for higher education.

Subp. 3.

Acting administrator.

"Acting administrator" means an individual, designated by the controlling persons of the employing nursing facility, who has been issued a permit by the board under part 6400.6770.

Subp. 3a.

Administrator in residence or AIR.

"Administrator in residence" or "AIR" means an individual who works, as part of a formal AIR program, under the guidance and supervision of a preceptor who is a licensed administrator or a health services executive meeting the qualifications established for preceptors by their respective states.

Subp. 3b.

Administrator in residence program or AIR program.

"Administrator in residence program" or "AIR program" means a supervised internship during which the AIR works under the guidance and supervision of a preceptor who is a licensed administrator or health services executive meeting the qualifications established for preceptors by their respective states.

Subp. 4.

Assistant administrator.

"Assistant administrator" means an individual who reports to the nursing home administrator, assumes charge of the facility in the administrator's absence, and has ongoing managerial and supervisory authority over both administrative and resident care functions, operations, and staff in a nursing facility.

Subp. 4a.

Assistant director.

"Assistant director" means an individual who reports to the assisted living director, assumes charge of the assisted living facility in the director's absence, and has ongoing managerial and supervisory authority over both administrative and resident care functions, operations, and staff in an assisted living facility.

Subp. 4b.

Assisted living contract.

"Assisted living contract" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 5.

Subp. 4c.

Assisted living director or director.

"Assisted living director" or "director" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 6.

Subp. 4d.

Assisted living director in residence or ALDIR.

"Assisted living director in residence" or "ALDIR" means an individual, designated by the controlling individuals of the employing assisted living facility, who has been issued a permit by the board under part 6400.7080.

Subp. 4e.

Assisted living facility.

"Assisted living facility" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 7.

Subp. 4f.

Assisted living facility with dementia care.

"Assisted living facility with dementia care" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 8.

Subp. 4g.

Assisted living services.

"Assisted living services" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 9.

Subp. 5.

Board.

"Board" means the Minnesota Board of Executives for Long Term Services and Supports.

Subp. 6.

CE credit or continuing education credit.

"CE credit" or "continuing education credit" means a unit of measurement of continuing education activity.

Subp. 7.

Clock hour.

"Clock hour" means an instructional session of 60 consecutive minutes, excluding breaks, registration, meals, and social activities.

Subp. 7a.

Controlling individual.

"Controlling individual" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 15.

Subp. 7b.

Delegation of authority policy.

"Delegation of authority policy" means the individual assisted living facility policy that identifies the director and chain of command in the event of the absence of the director, ensuring that, at all times, an individual on site has been designated as the responsible individual for long-term services and supports.

Subp. 8.

Director of nurses.

"Director of nurses" means the individual designated by a nursing facility to perform duties consistent with the responsibilities of the director of nursing services under part 4658.0505, whether in Minnesota or another jurisdiction.

Subp. 9.

Domains of practice.

"Domains of practice" means the tasks performed by long-term care administrators and the knowledge, skills, and abilities identified as necessary to perform those tasks by NAB in its job analysis of long-term care administrator. The NAB domains of practice for long-term care administrator are found in the Final Report of the Job Analysis of the Practice of Long-term Care Administrators prepared for the National Association of Boards of Examiners for Long-Term Care Administrators. This document is incorporated by reference. It is available on the board's website and is subject to change every five years.

Subp. 9a.

[Repealed, 45 SR 1073]

Subp. 9b.

Health services executive or HSE.

"Health services executive" or "HSE" means an individual who has been validated by NAB as a health services executive and has met the education and practice requirements for the minimum qualifications of a nursing home administrator, assisted living director, and home and community-based services provider. The HSE meets the Minnesota requirement for the administrator of record, required for the Centers for Medicare and Medicaid Services (CMS) minimum requirements of participation.

Subp. 9c.

Higher education.

"Higher education" means education at a public or private university, college, community college, or technical college.

Subp. 10.

License.

"License" means a written document issued by the board to indicate that the bearer has been found by the board to meet all requirements for practice as a licensed nursing home administrator, health services executive, or licensed assisted living director in Minnesota. It includes an original license issued for meeting the requirements of part 6400.6000 or 6400.7005, a renewal license issued for meeting the requirements of part 6400.6700 or 6400.7065, and a reinstated license issued under part 6400.6750 or 6400.7070. It does not include a permit to serve as an acting administrator or director in residence.

Subp. 11.

Licensee.

"Licensee" means an individual who holds a valid license to practice as a nursing home administrator, health services executive, or licensed assisted living director granted by the board under this chapter.

Subp. 11a.

Long-term care administrator.

"Long-term care administrator" means an individual who manages the daily operations and staff of long-term services and supports communities. A long-term care administrator oversees business management, health care services, and personal supports for the communities they manage. All licensed health services executives, licensed nursing home administrators, and licensed assisted living directors are long-term care administrators.

Subp. 11b.

Manager.

"Manager" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 35.

Subp. 11c.

Managerial official.

"Managerial official" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 36.

Subp. 11d.

Mentor.

"Mentor" means the licensed assisted living director or licensed health services executive directing the field experience of the assisted living director in residence.

Subp. 12.

NAB.

"NAB" means the National Association of Boards of Examiners for Long-Term Care Administrators, Inc.

Subp. 13.

Nursing facility.

"Nursing facility" means a facility licensed as a nursing home to provide nursing care to five or more persons under Minnesota Statutes, sections 144A.02 to 144A.10, by the Minnesota Department of Health or a similar facility licensed under similar provisions in another jurisdiction.

Subp. 14.

Nursing home administrator.

"Nursing home administrator" means an individual who has the responsibilities outlined in part 4658.0060 in a nursing facility in Minnesota or another jurisdiction and is licensed by the licensing authority of the jurisdiction responsible for the facility.

Subp. 14a.

Ombudsman.

"Ombudsman" has the meaning given in Minnesota Statutes, section 144G.08, subdivision 46.

Subp. 15.

Permit.

"Permit" means the acting license referred to in Minnesota Statutes, section 144A.27, which, for purposes of this chapter, is a temporary authorization issued by the board to an individual who meets the qualifications of part 6400.6770 or 6400.7080.

Subp. 16.

Preceptor.

"Preceptor" means a nursing home administrator or health services executive who meets the standards in part 6400.6600, subpart 3, and supervises an applicant for licensure during the practicum course.

Subp. 16a.

Professional degree.

"Professional degree" means a degree that prepares an individual to work in a particular profession often meeting the academic requirements for licensure or accreditation.

Subp. 16b.

Professional practice analysis.

"Professional practice analysis" means the analysis used to identify the domains of practice, tasks performed, knowledge needed, and skills used by individuals responsible for leadership in organizations that provide long-term services and supports.

Subp. 16c.

Quality assurance performance improvement or QAPI.

"Quality assurance performance improvement" or "QAPI" means a procedure that seeks to ensure continuous quality improvement. QAPI is not a standardized procedure but challenged by unique environmental factors and leadership skills to encourage and support people.

Subp. 17.

Related individual.

"Related individual" means a spouse, natural or adoptive parent, stepparent, natural or adoptive grandparent, stepgrandparent, natural or adoptive child, sibling, guardian, stepbrother, stepsister, aunt, uncle, niece, nephew, first cousin, or spouse of any person named in the above groups even after the marriage ends by death or divorce.

Subp. 18.

Resident.

A.

"Resident," when used in parts 6400.5200 to 6400.6900, means an individual living in a nursing facility.

B.

"Resident," when used in parts 6400.7000 to 6400.7095, means an individual living in an assisted living facility who has executed an assisted living contract.

Subp. 19.

Root cause analysis or RCA.

"Root cause analysis" or "RCA" means a method of problem-solving used for identifying the root causes of faults or problems.

Statutory Authority:

MS s 16A.1285; 144A.20; 144A.21; 144A.22; 144A.23; 144A.24; 214.06

History:

21 SR 1564; 24 SR 1780; 41 SR 599; 45 SR 753; 45 SR 1073

Published Electronically:

June 4, 2021