1997 Minnesota Statutes

     144.057 Background studies on licensees. 

    Subdivision 1.    Background studies required.  The 
 commissioner of health shall contract with the commissioner of 
 human services to conduct background studies of: 

    (1) individuals providing services which have direct 
 contact, as defined under section 245A.04, subdivision 3, with 
 patients and residents in hospitals, boarding care homes, 
 outpatient surgical centers licensed under sections 144.50 to 
 144.58; nursing homes and home care agencies licensed under 
 chapter 144A; residential care homes licensed under chapter 
 144B, and board and lodging establishments that are registered 
 to provide supportive or health supervision services under 
 section 157.17; and 

    (2) beginning July 1, 1999, all other employees in nursing 
 homes licensed under chapter 144A, and boarding care homes 
 licensed under sections 144.50 to 144.58.  A disqualification of 
 an individual in this section shall disqualify the individual 
 from positions allowing direct contact or access to patients or 
 residents receiving services. 

    If a facility or program is licensed by the department of 
 human services and subject to the background study provisions of 
 chapter 245A and is also licensed by the department of health, 
 the department of human services is solely responsible for the 
 background studies of individuals in the jointly licensed 
 programs. 

    Subd. 2.    Responsibilities of the department of human 
 services.  The department of human services shall conduct the 
 background studies required by subdivision 1 in compliance with 
 the provisions of chapter 245A and Minnesota Rules, parts 
 9543.3000 to 9543.3090.  For the purpose of this section, the 
 term "residential program" shall include all facilities 
 described in subdivision 1.  The department of human services 
 shall provide necessary forms and instructions, shall conduct 
 the necessary background studies of individuals, and shall 
 provide notification of the results of the studies to the 
 facilities, individuals, and the commissioner of health.  
 Individuals shall be disqualified under the provisions of 
 chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090.  
 If an individual is disqualified, the department of human 
 services shall notify the facility and the individual and shall 
 inform the individual of the right to request a reconsideration 
 of the disqualification by submitting the request to the 
 department of health. 

    Subd. 3.    Reconsiderations.  The commissioner of 
 health shall review and decide reconsideration requests, 
 including the granting of variances, in accordance with the 
 procedures and criteria contained in chapter 245A and Minnesota 
 Rules, parts 9543.3000 to 9543.3090.  The commissioner's 
 decision shall be provided to the individual and to the 
 department of human services.  The commissioner's decision to 
 grant or deny a reconsideration of disqualification is the final 
 administrative agency action. 

    Subd. 4.    Responsibilities of facilities.  Facilities 
 described in subdivision 1 shall be responsible for cooperating 
 with the departments in implementing the provisions of this 
 section.  The responsibilities imposed on applicants and 
 licensees under chapter 245A and Minnesota Rules, parts 
 9543.3000 to 9543.3090, shall apply to these facilities.  The 
 provision of section 245A.04, subdivision 3, paragraph (e), 
 shall apply to applicants, licensees, or an individual's refusal 
 to cooperate with the completion of the background studies. 

    HIST: 1995 c 229 art 3 s 4; 1996 c 305 art 1 s 35; 1996 c 408 
 art 10 s 1-3; 1997 c 248 s 1