2005 Minnesota Statutes

     144A.45 Regulation of home care services. 

    Subdivision 1.    Rules.  The commissioner shall adopt 
 rules for the regulation of home care providers pursuant to 
 sections 144A.43 to 144A.47.  The rules shall include the 
 following:  

    (a) provisions to assure, to the extent possible, the 
 health, safety and well-being, and appropriate treatment of 
 persons who receive home care services; 

    (b) requirements that home care providers furnish the 
 commissioner with specified information necessary to implement 
 sections 144A.43 to 144A.47; 

    (c) standards of training of home care provider personnel, 
 which may vary according to the nature of the services provided 
 or the health status of the consumer; 

    (d) standards for medication management which may vary 
 according to the nature of the services provided, the setting in 
 which the services are provided, or the status of the consumer.  
 Medication management includes the central storage, handling, 
 distribution, and administration of medications; 

    (e) standards for supervision of home care services 
 requiring supervision by a registered nurse or other appropriate 
 health care professional which must occur on site at least every 
 62 days, or more frequently if indicated by a clinical 
 assessment, and in accordance with sections 148.171 to 148.285 
 and rules adopted thereunder; 

    (f) standards for client evaluation or assessment which may 
 vary according to the nature of the services provided or the 
 status of the consumer; 

    (g) requirements for the involvement of a consumer's 
 physician, the documentation of physicians' orders, if required, 
 and the consumer's treatment plan, and the maintenance of 
 accurate, current clinical records; 

    (h) the establishment of different classes of licenses for 
 different types of providers and different standards and 
 requirements for different kinds of home care services; and 

    (i) operating procedures required to implement the home 
 care bill of rights. 

    Subd. 2.    Regulatory functions.  (a) The commissioner 
 shall:  

    (1) evaluate, monitor, and license home care providers in 
 accordance with sections 144A.45 to 144A.47; 

    (2) inspect the office and records of a provider during 
 regular business hours without advance notice to the home care 
 provider; 

    (3) with the consent of the consumer, visit the home where 
 services are being provided; 

    (4) issue correction orders and assess civil penalties in 
 accordance with section 144.653, subdivisions 5 to 8, for 
 violations of sections 144A.43 to 144A.47 or the rules adopted 
 under those sections; and 

    (5) take other action reasonably required to accomplish the 
 purposes of sections 144A.43 to 144A.47. 

    (b) In the exercise of the authority granted in sections 
 144A.43 to 144A.47, the commissioner shall comply with the 
 applicable requirements of section 144.122, the Government Data 
 Practices Act, and the Administrative Procedure Act. 

    Subd. 3. Repealed, 1997 c 113 s 22 

    Subd. 4.    Medicaid reimbursement.  Notwithstanding the 
 provisions of section 256B.071 or state plan requirements to the 
 contrary, certification by the federal Medicare program must not 
 be a requirement of Medicaid payment for services delivered 
 under section 144A.4605. 

    Subd. 5.    Home care providers that serve persons with 
 Alzheimer's disease or related disorders.  (a) If a home care 
 provider licensed under section 144A.46 or 144A.4605 markets or 
 otherwise promotes services for persons with Alzheimer's disease 
 or related disorders, the facility's direct care staff and their 
 supervisors must be trained in dementia care. 

    (b) Areas of required training include: 

    (1) an explanation of Alzheimer's disease and related 
 disorders; 

    (2) assistance with activities of daily living; 

    (3) problem solving with challenging behaviors; and 

    (4) communication skills. 

    (c) The licensee shall provide to consumers in written or 
 electronic form a description of the training program, the 
 categories of employees trained, the frequency of training, and 
 the basic topics covered. 

    HIST: 1987 c 378 s 5; 1989 c 282 art 2 s 25; 1991 c 286 s 8; 
 1997 c 113 s 2,3; 1998 c 254 art 1 s 30,31; 2002 c 252 s 5,6,24; 
 2003 c 37 s 2