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    Subdivision 1. Authority. The commissioner may place a person to act as a monitor in a
nursing home or certified boarding care home in any of the circumstances listed in clause (1) or (2):
(1) in any situation for which a receiver may be appointed under section 144A.15; or
(2) when the commissioner determines that violations of sections 144.651, 144A.01 to
144A.155, 626.557, or section 1919(b), (c), or (d), of the Social Security Act, or rules or
regulations adopted under those provisions, require extended surveillance to enforce compliance
or protect the health, safety, or welfare of the residents.
    Subd. 2. Duties of monitor. The monitor shall observe the operation of the home, provide
advice to the home on methods of complying with state and federal rules and regulations, where
documented deficiencies from the regulations exist, and periodically shall submit a written report
to the commissioner on the ways in which the home meets or fails to meet state and federal
rules and regulations.
    Subd. 3. Selection of monitor. The commissioner may select as monitor an employee of the
department or may contract with any other individual to serve as a monitor. The commissioner
shall publish a notice in the State Register that requests proposals from individuals who wish to
be considered for placement as monitors and that sets forth the criteria for selecting individuals as
monitors. The commissioner shall maintain a list of individuals who are not employees of the
department who are interested in serving as monitors. The commissioner may contract with
those individuals determined to be qualified.
    Subd. 4. Payment of monitor. A nursing home or certified boarding care home in which
a monitor is placed shall pay to the department the actual costs associated with the placement,
unless payment would create an undue hardship for the home.
History: 1989 c 282 art 3 s 27; 1Sp2001 c 9 art 5 s 40

Official Publication of the State of Minnesota
Revisor of Statutes