Chapter 144A — Licensure; Penalty

144A.001 Placeholder for renumbered provisions in the nursing home and home care licensing chapter. 144A.01 Definitions Defines key terms used in nursing home licensing laws, including nursing home, nursing care, and controlling person. 144A.02 Licensure; Penalty Requires nursing homes to have a license from the state and sets penalties for operating without one. 144A.03 License Application Sets out what must be included in an application for a nursing home license. 144A.031 Consideration of Applications Requires the state to check an applicant's past record of care before issuing or renewing a nursing home license. 144A.04 Qualifications for License Lists the qualifications a person or organization must meet to get a nursing home license. 144A.05 License Renewal Nursing home licenses last one year and must be renewed by meeting state standards. 144A.06 Transfer of License Prohibited A nursing home license cannot be transferred to another person or entity. 144A.07 Fees Requires a fee with each nursing home license application or renewal, set by the commissioner of health. 144A.071 Moratorium on Certification of Nursing Home Beds Places a freeze on adding new nursing home beds in Minnesota to control costs and encourage alternatives. 144A.073 Exceptions to Moratorium; Review Lists exceptions that allow new nursing home beds despite the general moratorium. 144A.08 Physical Standards; Penalty Sets building and safety standards for nursing homes and penalties for not meeting them. 144A.09 Facilities Excluded Exempts certain facilities, like those using spiritual healing, from nursing home licensing requirements. 144A.10 Inspection; Commissioner of Health; Fines Gives the health commissioner power to inspect nursing homes and issue fines for violations. 144A.101 Procedures for Federally Required Survey Process Sets state procedures for conducting the federally required inspections of nursing homes. 144A.102 Waiver From Federal Rules and Regulations; Penalties Directs the state to seek federal waivers to improve nursing home regulation and use penalty funds for corrections. 144A.103 This section has been repealed and is no longer in effect. 144A.105 Suspension of Admissions Allows the state to stop a nursing home from taking new residents if serious problems are found. 144A.11 License Suspension or Revocation; Hearing; Relicensing Allows the state to suspend or revoke a nursing home license and sets rules for hearings and relicensing. 144A.115 Violations; Penalties Sets penalties for operating a nursing home without a license or violating nursing home laws. 144A.12 Injunctive Relief; Subpoenas Allows the state to go to court to stop nursing home violations and issue subpoenas for investigations. 144A.13 Complaints; Resident's Rights Establishes a complaint process and protects the rights of nursing home residents. 144A.135 Transfer and Discharge Appeals Gives nursing home residents the right to appeal when the facility wants to transfer or discharge them. 144A.14 This section has been repealed and is no longer in effect. 144A.15 State Receivership Allows the state to take over a nursing home through receivership when residents are in danger. 144A.154 Rate Recommendation Allows the health commissioner to recommend a rate review for nursing homes in receivership with documented problems. 144A.155 Placement of Monitor Allows the state to place a monitor in a nursing home to oversee operations when problems are found. 144A.16 This section has been repealed and is no longer in effect. 144A.161 Nursing Home and Boarding Care Home Resident Relocation Sets rules for safely moving nursing home residents when a facility closes or reduces services. 144A.162 Transfer of Residents Within Facilities Requires safe and orderly transfers of residents within a nursing home during renovations or changes. 144A.17 This section has been repealed and is no longer in effect. 144A.18 Administrator's Licenses; Penalty Requires nursing home administrators to be licensed, with a misdemeanor penalty for acting without a license. 144A.1888 Reuse of Facilities Allows closed or downsized nursing homes to be reused for other long-term care without zoning barriers. 144A.19 Board of Executives for Long Term Services and Supports Creates the Board of Executives for Long Term Services and Supports to oversee nursing home administrator licensing. 144A.20 Administrator Qualifications Sets the education, training, and experience requirements for nursing home administrator licenses. 144A.21 Administrator and Director Licenses Covers license rules for nursing home administrators and assisted living directors, including transferability. 144A.22 Organization of Board Describes how the Board of Executives for Long Term Services is organized, including officers and staff. 144A.23 Jurisdiction of Board Gives the board sole authority to decide who is qualified to be a nursing home administrator. 144A.24 Duties of the Board Lists the duties of the licensing board, including setting standards and enforcing rules for administrators. 144A.25 This section has been repealed and is no longer in effect. 144A.251 Mandatory Proceedings Requires the board to start license suspension proceedings when administrators have multiple serious violations. 144A.2511 Costs; Penalties Allows the board to impose fines up to $10,000 per violation against nursing home administrators. 144A.252 Immunity Protects board members and investigators from lawsuits for actions taken in good faith. 144A.26 Reciprocity With Other States and Equivalency of Health Services Executive Allows administrators licensed in other states to get a Minnesota license through reciprocity. 144A.27 Acting Administrators Allows a temporary acting administrator when a licensed administrator unexpectedly leaves the position. 144A.28 Severability If any part of the administrator licensing law conflicts with federal law, only that part is void. 144A.29 This section has been repealed and is no longer in effect. 144A.291 Fees Sets license fees for nursing home administrators and assisted living directors. 144A.30 Pets in Nursing Homes Allows nursing homes to keep pets on the premises with reasonable rules for care and maintenance. 144A.31 This section has been repealed and is no longer in effect. 144A.33 Resident and Family Advisory Council Education Requires education programs for nursing home resident and family advisory councils. 144A.35 This section has been repealed and is no longer in effect. 144A.351 Long-term Care Services and Supports Report Required Requires the state to report on long-term care services and supports in Minnesota. 144A.36 This section has been repealed and is no longer in effect. 144A.37 Alternative Nursing Home Survey Process Creates an alternative inspection schedule for nursing homes with good track records. 144A.38 This section has been repealed and is no longer in effect. 144A.43 Definitions Defines key terms used in the home care services laws, including types of providers and services. 144A.44 Home Care Bill of Rights Lists the rights of people receiving home care services, including privacy, dignity, and informed consent. 144A.441 This section has been repealed or renumbered and is no longer in effect. 144A.442 This section has been repealed or renumbered and is no longer in effect. 144A.45 Regulation of Home Care Services Gives the state authority to regulate and license home care service providers. 144A.46 This section has been repealed and is no longer in effect. 144A.4605 This section has been repealed and is no longer in effect. 144A.461 This section has been repealed and is no longer in effect. 144A.465 This section has been repealed and is no longer in effect. 144A.47 Information and Referral Services Requires the state to make home care information and referral services available statewide. 144A.471 Home Care Provider and Home Care Services Requires home care providers to hold a state license before providing services in Minnesota. 144A.472 Home Care Provider License; Application and Renewal Sets the application and renewal process for home care provider licenses. 144A.473 Issuance of Temporary License and License Renewal Covers issuance of temporary home care licenses and the license renewal process. 144A.474 Surveys and Investigations Authorizes the state to conduct surveys and investigations of home care providers. 144A.475 Enforcement Sets enforcement actions the state can take against home care providers that violate the law. 144A.476 Background Studies Requires criminal background checks for home care provider owners and managers. 144A.477 Compliance Coordinates state and federal compliance requirements for Medicare-certified home care providers. 144A.478 Innovation Variance Allows home care providers to request a variance from rules to try new and innovative care methods. 144A.479 Home Care Provider Responsibilities; Business Operation Sets business operation requirements for home care providers, including displaying their license. 144A.4791 Home Care Provider Responsibilities With Respect to Clients Lists what home care providers must do for clients, including explaining their bill of rights. 144A.4792 Medication Management Sets rules for how home care providers manage and administer medications for clients. 144A.4793 Treatment and Therapy Management Services Governs how home care providers deliver treatment and therapy services to clients. 144A.4794 Client Record Requirements Requires home care providers to keep detailed records for each client they serve. 144A.4795 Home Care Provider Responsibilities; Staff Sets qualifications, training, and competency requirements for home care provider staff. 144A.4796 Orientation and Annual Training Requirements Requires orientation for new home care staff and annual training for all workers. 144A.4797 Provision of Services Sets rules for how home care providers deliver services, including staff availability requirements. 144A.4798 Disease Prevention and Infection Control Requires home care providers to follow infection control practices, including TB screening. 144A.4799 Home Care and Assisted Living Advisory Council Creates an advisory council to give input on home care and assisted living regulations. 144A.48 This section has been repealed and is no longer in effect. 144A.481 This section has been repealed and is no longer in effect. 144A.482 Registration of Home Management Providers Requires providers of housekeeping, meal prep, and shopping services to register with the state. 144A.483 Agency Quality Improvement Program Requires an annual report on home care licensing and a quality improvement program. 144A.484 Integrated Licensure; Home and Community-based Services Designation Creates an integrated licensing system for home and community-based service providers. 144A.49 This section has been repealed and is no longer in effect. 144A.51 Definitions Defines terms used in the Office of Health Facility Complaints laws. 144A.52 Office of Health Facility Complaints Creates the Office of Health Facility Complaints to investigate problems at nursing homes and other facilities. 144A.53 Director; Powers and Duties Lists the powers and duties of the director of the Office of Health Facility Complaints. 144A.54 Publication of Recommendations; Reports Requires the Office of Health Facility Complaints to publish its recommendations and reports. 144A.55 This section has been repealed and is no longer in effect. 144A.61 Nursing Assistant Training Sets training requirements for nursing assistants who work in nursing homes. 144A.611 Reimbursable Expenses for Nursing Assistant Training and Competency Evaluations Lists training expenses that nursing homes can get reimbursed for when training nursing assistants. 144A.612 This section has been repealed and is no longer in effect. 144A.62 Resident Attendants Allows trained attendants to help nursing home residents with eating and drinking. 144A.65 This section has been repealed or renumbered and is no longer in effect. 144A.66 This section has been repealed or renumbered and is no longer in effect. 144A.67 This section has been repealed or renumbered and is no longer in effect. 144A.70 Registration of Supplemental Nursing Services Agencies Requires staffing agencies that supply nurses to nursing homes to register with the state. 144A.71 Supplemental Nursing Services Agency Registration Requires temp nursing staffing agencies to register with the commissioner of health. 144A.714 Oversight of Supplemental Nursing Services Agencies Gives the state authority to oversee temp nursing agencies through inspections every two years. 144A.715 Penalties Sets penalties for temp nursing agencies that violate registration and staffing rules. 144A.72 Registration Requirements; Penalties Lists minimum requirements for temp nursing agency registration and penalties for noncompliance. 144A.73 Complaint System Creates a system for the public to report complaints about temp nursing staffing agencies. 144A.74 Maximum Charges Caps what temp nursing agencies can charge nursing homes at 150% of the weighted average wage rate. 144A.75 Definitions; Service Requirements Defines terms and service requirements for hospice providers in Minnesota. 144A.751 Hospice Bill of Rights Lists the rights of people receiving hospice care, including dignity, privacy, and informed consent. 144A.752 Regulation of Hospice Care Gives the state authority to regulate and set rules for hospice care providers. 144A.753 Licensure Requires hospice providers to hold a state license before offering hospice services in Minnesota. 144A.754 Enforcement Sets enforcement tools the state can use against hospice providers that violate the law. 144A.755 Information and Referral Services Requires the state to provide information and referral services for hospice care statewide. 144A.756 Penalty Makes it a misdemeanor to operate a hospice without a required license. 15.001 Application of Laws 2005, Chapter 56, Terminology Changes Directs state agencies to use updated terminology from Laws 2005 when replacing printed materials.