245B.08 COMPLIANCE STRATEGIES.
Subdivision 1. Alternative methods of determining compliance.
(a) In addition to
methods specified in chapters 245A and 245C, the commissioner may use alternative methods
and new regulatory strategies to determine compliance with this section. The commissioner
may use sampling techniques to ensure compliance with this section. Notwithstanding section
245A.09, subdivision 7
, paragraph (e), the commissioner may also extend periods of licensure,
not to exceed five years, for license holders who have demonstrated substantial and consistent
compliance with sections
and have consistently maintained the health and
safety of consumers and have demonstrated by alternative methods in paragraph (b) that they
meet or exceed the requirements of this section. For purposes of this section, "substantial and
consistent compliance" means that during the current licensing period:
(1) the license holder's license has not been made conditional, suspended, or revoked;
(2) there have been no substantiated allegations of maltreatment against the license holder;
(3) there have been no program deficiencies that have been identified that would jeopardize
the health or safety of consumers being served; and
(4) the license holder is in substantial compliance with the other requirements of chapters
245A and 245C and other applicable laws and rules.
(b) To determine the length of a license, the commissioner shall consider:
(1) information from affected consumers, and the license holder's responsiveness to
consumers' concerns and recommendations;
(2) self assessments and peer reviews of the standards of this section, corrective actions taken
by the license holder, and sharing the results of the inspections with consumers, the consumers'
families, and others, as requested;
(3) length of accreditation by an independent accreditation body, if applicable;
(4) information from the county where the license holder is located; and
(5) information from the license holder demonstrating performance that meets or exceeds the
minimum standards of this chapter.
(c) The commissioner may reduce the length of the license if the license holder fails to meet
the criteria in paragraph (a) and the conditions specified in paragraph (b).
Subd. 2. Additional measures.
The commissioner may require the license holder to
implement additional measures on a time-limited basis to ensure the health and safety of
consumers when the health and safety of consumers has been determined to be at risk as
determined by substantiated incidents of maltreatment under sections
The license holder may request reconsideration of the actions taken by the commissioner under
this subdivision according to section
Subd. 3. Sanctions available.
Nothing in this subdivision shall be construed to limit the
commissioner's authority to suspend or revoke a license or issue a fine at any time under section
; make correction orders and make a license conditional for failure to comply with
applicable laws or rules under section
; or deny an application for license under section
Subd. 4. Efficient application.
The commissioner shall establish application procedures for
license holders licensed under this chapter to reduce the need to submit duplicative material.
Subd. 5. Information.
The commissioner shall make information available to consumers
and interested others regarding the licensing status of a license holder.
Subd. 6. Implementation.
The commissioner shall seek advice from parties affected by
the implementation of this chapter.
Subd. 7. Deem status.
The commissioner may exempt a license holder from duplicative
standards if the license holder is already licensed under chapter 245A.
History: 1997 c 248 s 42; 1Sp2001 c 9 art 14 s 25; 2002 c 379 art 1 s 113; 2003 c 15
art 1 s 33; 1Sp2003 c 14 art 6 s 20