2007 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; services for Alzheimer's disease or related disorder. (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.
History: 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