2001 Minnesota Statutes

     144A.4605 Assisted living home care provider. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the term "assisted living home care provider" means a 
 home care provider who provides nursing services, delegated 
 nursing services, other services performed by unlicensed 
 personnel, or central storage of medications solely for 
 residents of one or more housing with services establishments 
 registered under chapter 144D. 

    Subd. 2.    Assisted living home care license established. 
  A home care provider license category entitled assisted 
 living home care provider is hereby established.  A home care 
 provider may obtain an assisted living license if the program 
 meets the following requirements: 

    (a) nursing services, delegated nursing services, other 
 services performed by unlicensed personnel, or central storage 
 of medications under the assisted living license are provided 
 solely for residents of one or more housing with services 
 establishments registered under chapter 144D; 

    (b) unlicensed personnel perform home health aide and home 
 care aide tasks identified in Minnesota Rules, parts 4668.0100, 
 subparts 1 and 2, and 4668.0110, subpart 1.  Qualifications to 
 perform these tasks shall be established in accordance with 
 subdivision 3; 

    (c) periodic supervision of unlicensed personnel is 
 provided as required by rule; 

    (d) notwithstanding Minnesota Rules, part 4668.0160, 
 subpart 6, item D, client records shall include: 

    (1) daily records or a weekly summary of home care services 
 provided; 

    (2) documentation each time medications are administered to 
 a client; and 

    (3) documentation on the day of occurrence of any 
 significant change in the client's status or any significant 
 incident, such as a fall or refusal to take medications. 

    All entries must be signed by the staff providing the 
 services and entered into the record no later than two weeks 
 after the end of the service day, except as specified in clauses 
 (2) and (3); 

    (e) medication and treatment orders, if any, are included 
 in the client record and are renewed at least every 12 months, 
 or more frequently when indicated by a clinical assessment; 

    (f) the central storage of medications in a housing with 
 services establishment registered under chapter 144D is managed 
 under a system that is established by a registered nurse and 
 addresses the control of medications, handling of medications, 
 medication containers, medication records, and disposition of 
 medications; and 

    (g) in other respects meets the requirements established by 
 rules adopted under sections 144A.45 to 144A.48. 

    Subd. 3.    Training or competency evaluations required. 
  (a) Unlicensed personnel must: 

    (1) satisfy the training or competency requirements 
 established by rule under sections 144A.45 to 144A.48; or 

    (2) be trained or determined competent by a registered 
 nurse in each task identified under Minnesota Rules, part 
 4668.0100, subparts 1 and 2, when offered to clients in a 
 housing with services establishment as described in paragraphs 
 (b) to (e). 

    (b) Training for tasks identified under Minnesota Rules, 
 part 4668.0100, subparts 1 and 2, shall use a curriculum which 
 meets the requirements in Minnesota Rules, part 4668.0130. 

    (c) Competency evaluations for tasks identified under 
 Minnesota Rules, part 4668.0100, subparts 1 and 2, must be 
 completed and documented by a registered nurse. 

    (d) Unlicensed personnel performing tasks identified under 
 Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be 
 trained or demonstrate competency in the following topics: 

    (1) an overview of sections 144A.43 to 144A.48 and rules 
 adopted thereunder; 

    (2) recognition and handling of emergencies and use of 
 emergency services; 

    (3) reporting the maltreatment of vulnerable minors or 
 adults under sections 626.556 and 626.557; 

    (4) home care bill of rights; 

    (5) handling of clients' complaints and reporting of 
 complaints to the office of health facility complaints; 

    (6) services of the ombudsman for older Minnesotans; 

    (7) observation, reporting, and documentation of client 
 status and of the care or services provided; 

    (8) basic infection control; 

    (9) maintenance of a clean, safe, and healthy environment; 

    (10) communication skills; 

    (11) basic elements of body functioning and changes in body 
 function that must be reported to an appropriate health care 
 professional; and 

    (12) physical, emotional, and developmental needs of 
 clients, and ways to work with clients who have problems in 
 these areas, including respect for the client, the client's 
 property, and the client's family. 

    (e) Unlicensed personnel who administer medications must 
 comply with rules relating to the administration of medications 
 in Minnesota Rules, part 4668.0100, subpart 2, except that 
 unlicensed personnel need not comply with the requirements of 
 Minnesota Rules, part 4668.0100, subpart 5. 

    Subd. 4.    License required.  (a) A housing with 
 services establishment registered under chapter 144D that is 
 required to obtain a home care license must obtain an assisted 
 living home care license according to this section or a class A 
 or class E license according to rule.  A housing with services 
 establishment that obtains a class E license under this 
 subdivision remains subject to the payment limitations in 
 sections 256B.0913, subdivision 5, paragraph (h), and 256B.0915, 
 subdivision 3, paragraph (g). 

    (b) A board and lodging establishment registered for 
 special services as of December 31, 1996, and also registered as 
 a housing with services establishment under chapter 144D, must 
 deliver home care services according to sections 144A.43 to 
 144A.48, and may apply for a waiver from requirements under 
 Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a 
 licensed agency under the standards of section 157.17.  Such 
 waivers as may be granted by the department will expire upon 
 promulgation of home care rules implementing section 144A.4605. 

    (c) An adult foster care provider licensed by the 
 department of human services and registered under chapter 144D 
 may continue to provide health-related services under its foster 
 care license until the promulgation of home care rules 
 implementing this section. 

    (d) An assisted living home care provider licensed under 
 this section must comply with the disclosure provisions of 
 section 325F.72 to the extent they are applicable. 

    Subd. 5.    License fees.  The license fees for assisted 
 living home care providers shall be as follows: 

    (1) $125 annually for those providers serving a monthly 
 average of 15 or fewer clients, and for assisted living 
 providers of all sizes during the first year of operation; 

    (2) $200 annually for those providers serving a monthly 
 average of 16 to 30 clients; 

    (3) $375 annually for those providers serving a monthly 
 average of 31 to 50 clients; and 

    (4) $625 annually for those providers serving a monthly 
 average of 51 or more clients. 

    Subd. 6.    Waiver.  Upon request of the home care 
 provider, the commissioner may waive the provisions of this 
 section relating to registered nurse duties. 

    HIST: 1997 c 113 s 6; 1Sp1997 c 5 s 2; 1998 c 254 art 1 s 
 33,34; 1998 c 407 art 2 s 82; 1999 c 245 art 2 s 30; 1Sp2001 c 9 
 art 1 s 40