2005 Minnesota Statutes

     144A.11 License suspension or revocation; hearing; 
  relicensing. 

    Subdivision 1.    Optional proceedings.  The 
 commissioner of health may institute proceedings to suspend or 
 revoke a nursing home license, or may refuse to grant or renew 
 the license of a nursing home if any action by a controlling 
 person or employee of the nursing home: 

    (a) Violates any of the provisions of sections 144A.01 to 
 144A.08, 144A.13 or 144A.155, or the rules promulgated 
 thereunder; 

    (b) Permits, aids, or abets the commission of any illegal 
 act in the nursing home; 

    (c) Performs any act contrary to the welfare of a patient 
 or resident of the nursing home; or 

    (d) Obtains, or attempts to obtain, a license by fraudulent 
 means or misrepresentation. 

    Subd. 2.    Mandatory proceedings.  The commissioner of 
 health shall initiate proceedings within 60 days of notification 
 to suspend or revoke a nursing home license or shall refuse to 
 renew a license if within the preceding two years the nursing 
 home has incurred the following number of uncorrected or 
 repeated violations: 

    (1) two or more uncorrected violations or one or more 
 repeated violations which created an imminent risk to direct 
 resident care or safety; or 

    (2) four or more uncorrected violations or two or more 
 repeated violations of any nature for which the fines are in the 
 four highest daily fine categories prescribed in rule. 

    Subd. 2a.    Notice to residents.  Within five working 
 days after proceedings are initiated by the commissioner to 
 revoke, suspend, or not renew a nursing home license, the 
 controlling person of the nursing home or a designee must 
 provide to the commissioner and the ombudsman for older 
 Minnesotans the names of residents and the names and addresses 
 of the residents' guardians, representatives, and designated 
 family contacts.  The controlling person or designees must 
 provide updated information each month until the proceeding is 
 concluded.  If the controlling person or designee fails to 
 provide the information within this time, the nursing home is 
 subject to the issuance of a correction order and penalty 
 assessment under sections 144.653 and 144A.10.  Notwithstanding 
 those sections, any correction order issued under this 
 subdivision must require that the facility immediately comply 
 with the request for information and that as of the date of the 
 issuance of the correction order, the facility shall forfeit to 
 the state a $100 fine the first day of noncompliance and an 
 increase in the $100 fine by $50 increments for each day the 
 noncompliance continues.  Information provided under this 
 subdivision may be used by the commissioner or the ombudsman 
 only for the purpose of providing affected consumers information 
 about the status of the proceedings.  Within ten working days 
 after the commissioner initiates proceedings to revoke, suspend, 
 or not renew a nursing home license, the commissioner of health 
 shall send a written notice of the action and the process 
 involved to each resident of the nursing home and the resident's 
 legal guardian, representative, or designated family contact.  
 The commissioner shall provide the ombudsman with monthly 
 information on the department's actions and the status of the 
 proceedings.  

    Subd. 3.    Hearing.  No nursing home license may be 
 suspended or revoked, and renewal may not be denied, without a 
 hearing held as a contested case in accordance with chapter 14.  
 The hearing must commence within 60 days after the proceedings 
 are initiated.  If the controlling person designated under 
 section 144A.03, subdivision 2, as an agent to accept service on 
 behalf of all of the controlling persons of the nursing home has 
 been notified by the commissioner of health that the facility 
 will not receive an initial license or that a license renewal 
 has been denied, the controlling person or a legal 
 representative on behalf of the nursing home may request and 
 receive a hearing on the denial.  This hearing shall be held as 
 a contested case in accordance with chapter 14. 

    Subd. 3a.    Mandatory revocation.  Notwithstanding the 
 provisions of subdivision 3, the commissioner shall revoke a 
 nursing home license if a controlling person is convicted of a 
 felony or gross misdemeanor that relates to operation of the 
 nursing home or directly affects resident safety or care.  The 
 commissioner shall notify the nursing home 30 days in advance of 
 the date of revocation. 

    Subd. 4.    Relicensing.  If a nursing home license is 
 revoked a new application for license may be considered by the 
 commissioner of health when the conditions upon which revocation 
 was based have been corrected and satisfactory evidence of this 
 fact has been furnished to the commissioner of health.  A new 
 license may be granted after an inspection has been made and the 
 facility has been found to comply with all provisions of 
 sections 144A.01 to 144A.155 and the rules promulgated 
 thereunder. 

    HIST: 1976 c 173 s 11; 1977 c 305 s 45; 1982 c 424 s 130; 1982 
 c 633 s 6,7; 1Sp1985 c 3 s 17,18; 1986 c 444; 1987 c 384 art 2 s 
 1; 1989 c 282 art 3 s 20,21; 1993 c 326 art 13 s 3; 1Sp2001 c 9 
 art 5 s 40