2007 Minnesota Statutes

144A.01 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 144A.01 to 144A.27, the terms defined in
this section have the meanings given them.
    Subd. 2. Commissioner of health. "Commissioner of health" means the state commissioner
of health established by section 144.011.
    Subd. 3. Board of examiners. "Board of examiners" means the Board of Examiners for
Nursing Home Administrators established by section 144A.19.
    Subd. 3a. Certified. "Certified" means certified for participation as a provider in the
Medicare or Medicaid programs under title XVIII or XIX of the Social Security Act.
    Subd. 4. Controlling person. "Controlling person" means any public body, governmental
agency, business entity, officer, nursing home administrator, or director whose responsibilities
include the direction of the management or policies of a nursing home. "Controlling person" also
means any person who, directly or indirectly, beneficially owns any interest in:
    (a) Any corporation, partnership or other business association which is a controlling person;
    (b) The land on which a nursing home is located;
    (c) The structure in which a nursing home is located;
    (d) Any mortgage, contract for deed, or other obligation secured in whole or part by the land
or structure comprising a nursing home; or
    (e) Any lease or sublease of the land, structure, or facilities comprising a nursing home.
    "Controlling person" does not include:
    (a) A bank, savings bank, trust company, savings association, credit union, industrial loan
and thrift company, investment banking firm, or insurance company unless the entity directly or
through a subsidiary operates a nursing home;
    (b) An individual state official or state employee, or a member or employee of the governing
body of a political subdivision of the state which operates one or more nursing homes, unless
the individual is also an officer or director of a nursing home, receives any remuneration from a
nursing home, or owns any of the beneficial interests not excluded in this subdivision;
    (c) A natural person who is a member of a tax-exempt organization under section 290.05,
subdivision 1, clause (i), unless the individual is also an officer or director of a nursing home, or
owns any of the beneficial interests not excluded in this subdivision; and
    (d) A natural person who owns less than five percent of the outstanding common shares
of a corporation:
    (1) whose securities are exempt by virtue of section 80A.45, clause (6); or
    (2) whose transactions are exempt by virtue of section 80A.46, clause (7).
    Subd. 4a. Emergency. "Emergency" means a situation or physical condition that creates or
probably will create an immediate and serious threat to a resident's health or safety.
    Subd. 5. Nursing home. "Nursing home" means a facility or that part of a facility which
provides nursing care to five or more persons. "Nursing home" does not include a facility or that
part of a facility which is a hospital, a hospital with approved swing beds as defined in section
144.562, clinic, doctor's office, diagnostic or treatment center, or a residential program licensed
pursuant to sections 245A.01 to 245A.16 or 252.28.
    Subd. 6. Nursing care. "Nursing care" means health evaluation and treatment of patients and
residents who are not in need of an acute care facility but who require nursing supervision on an
inpatient basis. The commissioner of health may by rule establish levels of nursing care.
    Subd. 7. Uncorrected violation. "Uncorrected violation" means a violation of a statute
or rule or any other deficiency for which a notice of noncompliance has been issued and fine
assessed and allowed to be recovered pursuant to section 144A.10, subdivision 8.
    Subd. 8. Managerial employee. "Managerial employee" means an employee of a nursing
home whose duties include the direction of some or all of the management or policies of the
nursing home.
    Subd. 9. Nursing home administrator. "Nursing home administrator" means a person who
administers, manages, supervises, or is in general administrative charge of a nursing home,
whether or not the individual has an ownership interest in the home, and whether or not the
person's functions and duties are shared with one or more individuals, and who is licensed
pursuant to section 144A.21.
    Subd. 10. Repeated violation. "Repeated violation" means the issuance of two or more
correction orders, within a 12-month period, for a violation of the same provision of a statute or
rule.
History: 1976 c 173 s 1; 1977 c 305 s 45; 1980 c 509 s 43; 1Sp1981 c 4 art 1 s 79; 1982
c 633 s 1; 1Sp1985 c 3 s 5-7; 1986 c 444; 1989 c 282 art 2 s 24; art 3 s 6,7; 1995 c 202 art 1
s 25; 2006 c 196 art 2 s 4
NOTE: The amendment to subdivision 4 by Laws 2006, chapter 196, article 2, section 4, is
effective August 1, 2007. Laws 2006, chapter 196, article 1, section 52.