Minnesota Administrative Rules

9555.7200 DEFINITIONS.

Subpart 1.

Scope.

As used in parts 9555.7100 to 9555.7600, the following terms have the meanings given them.

Subp. 2.

Abuse.

"Abuse" means:

A.

any act which constitutes a violation of Minnesota Statutes, section 609.322 related to prostitution;

B.

any act which constitutes a violation of Minnesota Statutes, sections 609.342 to 609.345 related to criminal sexual conduct; or

C.

the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress.

Subp. 3.

Caretaker.

"Caretaker" means an individual or facility which has responsibility for the care of a vulnerable adult as a result of family relationship, or which has assumed responsibility for all or a portion of the care of the vulnerable adult voluntarily, by contract, or by agreement. A person who has assumed only financial responsibility for an adult is not a caretaker.

Subp. 4.

County of financial responsibility.

"County of financial responsibility" means the county designated as the county of financial responsibility.

Subp. 5.

Facility.

"Facility" means a hospital or other entity required to be licensed pursuant to Minnesota Statutes, sections 144.50 to 144.58; a nursing home required to be licensed pursuant to Minnesota Statutes, section 144A.02; an agency, residential or nonresidential program required to be licensed pursuant to Minnesota Statutes, chapter 245A; a mental health program receiving funds pursuant to Minnesota Statutes, section 245.61; and any entity required to be certified for participation in titles XVIII or XIX of the Social Security Act, United States Code, title 42, section 1395 et seq.

Subp. 6.

False.

"False" means disproved to the satisfaction of the investigating agency.

Subp. 7.

Host county.

"Host county" means the county in which a facility is located.

Subp. 8.

Impairment of mental or physical function or emotional status.

"Impairment of mental or physical function or emotional status" means a condition which includes being substantially unable to carry out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working; being unable to protect oneself from hazardous or abusive situations without assistance; a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality or ability to cope with the ordinary demands of life; substantial difficulty in engaging in the rational decision-making process, and inability to weigh the possible benefits and risks of seeking assistance; a condition in which an individual is so fearful, so ashamed, so confused, or so anxious about the consequences of reporting that that individual would be unable or unlikely to make a responsible decision regarding whether or not to report abuse or neglect.

Subp. 9.

Licensing agency.

"Licensing agency" means:

A.

the commissioner of health, for a facility which is required to be licensed or certified by the Department of Health;

B.

the commissioner of human services for programs required by Minnesota Statutes, chapter 245A, to be licensed;

C.

any licensing board which regulates persons pursuant to Minnesota Statutes, section 214.01; and

D.

the Minnesota Department of Health if the human services occupation of the alleged perpetrator is credentialed pursuant to Minnesota Statutes, section 149A.20 or 214.13.

Subp. 10.

Local social services agency.

"Local social services agency" means the local agency under the authority of the human services board or board of county commissioners which is responsible for social services.

Subp. 11.

Neglect.

"Neglect" means failure by a caretaker to supply or to ensure the supply of necessary food, clothing, shelter, health care, or supervision for a vulnerable adult.

Subp. 12.

Report.

"Report" means any verbal or written report of abuse or neglect of a vulnerable adult received by the local social services agency, police department, county sheriff, or licensing agency.

Subp. 13.

State agency.

"State agency" means the Minnesota Department of Human Services.

Subp. 14.

Substantiated.

"Substantiated" means proved to the satisfaction of the investigating agency.

Subp. 15.

Vulnerable adult.

"Vulnerable adult" means any person 18 years of age or older:

A.

who is a resident or patient of a facility;

B.

who receives services at or from a program required to be licensed pursuant to Minnesota Statutes, chapter 245A; or

C.

who, regardless of residence, is unable or unlikely to report abuse or neglect without assistance because of impairment of mental or physical function or emotional status.

Subp. 16.

Inconclusive.

"Inconclusive" means a report which cannot be substantiated or disproved to the satisfaction of the investigating agency.

Statutory Authority:

MS s 256E.05; 626.557

History:

L 1984 c 654 art 5 s 58; 13 SR 1448; L 2003 1Sp14 art 11 s 11; L 2012 c 216 art 9 s 38

Published Electronically:

October 15, 2013