1999 Minnesota Statutes

     144A.103 Penalty for death of a resident. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, "abuse" and "neglect" have the meanings given in 
 section 626.5572, subdivisions 2 and 17. 

    Subd. 2.    Penalty.  Whenever the commissioner 
 substantiates that a situation existed that constituted abuse or 
 neglect by a nursing home and that could foreseeably result in 
 death or injury to a resident, and the abuse or neglect 
 contributed to the resident's death, the nursing home must be 
 assessed a civil fine of $1,000.  The assessment of a fine under 
 this section does not preclude the use of any other remedy.  

    Subd. 3.    Recovery of fines; hearing.  A nursing home 
 that is assessed a fine under this section must pay the fine no 
 later than 15 days after receipt of the notice of assessment.  
 The assessment shall be stayed if the nursing home makes a 
 written request for a hearing on the assessment within 15 days 
 after receipt of the notice of assessment.  After submission of 
 a timely request, a hearing must be conducted as a contested 
 case hearing under chapter 14 no later than 30 days after the 
 request.  If a nursing home does not pay the fine as required by 
 this section, the commissioner of health shall notify the 
 commissioner of human services, who shall deduct the amount of 
 the fine from reimbursement payments due or to be due the 
 nursing home under chapter 256B. 

    HIST: 1989 c 282 art 3 s 18; 1995 c 229 art 4 s 7