reglab/housing_qa huggingface dataset:
MN Stat § 144A.101 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.101 — Procedures For Federally Required Survey Process.

144A.101 PROCEDURES FOR FEDERALLY REQUIRED SURVEY PROCESS. Subdivision 1. Applicability. This section applies to survey certification and enforcement activities by the commissioner related to regular, expanded, or extended surveys under Code of Federal Regulations, title 42, part 488. Subd. 2. Statement of deficiencies. The commissioner shall provide nursing facilities with draft statements of deficiencies at the time of the survey exit process and shall provide facilities with completed statements of deficiencies within 15 working days of the exit process. Subd. 3. Surveyor notes. The commissioner, upon the request of a nursing facility, shall provide the facility with copies of formal surveyor notes taken during the survey, with the exception of interview forms, at the time of the exit conference or at the time the completed statement of deficiency is provided to the facility. The survey notes shall be redacted to protect the confidentiality of individuals providing information to the surveyors. A facility requesting formal surveyor notes must agree to pay the commissioner for the cost of copying and redacting. Subd. 4. Posting of statements of deficiencies. The commissioner, when posting statements of a nursing facility's deficiencies on the agency website, must include in the posting the facility's response to the citations. The website must also include the dates upon which deficiencies are corrected and the date upon which a facility is considered to be in compliance with survey requirements. If deficiencies are under dispute, the commissioner must note this on the website using a method that clearly identifies for consumers which citations are under dispute. Subd. 5. Survey revisits. The commissioner shall conduct survey revisits within 15 calendar days of the date by which corrections will be completed, as specified by the provider in its plan of correction, in cases where category 2 or category 3 remedies are in place. The commissioner may conduct survey revisits by telephone or written communications for facilities at which the highest scope and severity score for a violation was level E or lower. Subd. 6. Family councils. Nursing facility family councils shall be interviewed as part of the survey process and invited to participate in the exit conference. History:   2004 c 247 s 3
MN Stat § 144A.102 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.102 — Waiver From Federal Rules And Regulations; Penalties.

144A.102 WAIVER FROM FEDERAL RULES AND REGULATIONS; PENALTIES. (a) By January 2000, the commissioner of health shall work with providers to examine state and federal rules and regulations governing the provision of care in licensed nursing facilities and apply for federal waivers and identify necessary changes in state law to: (1) allow the use of civil money penalties imposed upon nursing facilities to abate any deficiencies identified in a nursing facility's plan of correction; and (2) stop the accrual of any fine imposed by the Health Department when a follow-up inspection survey is not conducted by the department within the regulatory deadline. (b) By January 2012, the commissioner of health shall work with providers and the ombudsman for long-term care to examine state and federal rules and regulations governing the provision of care in licensed nursing facilities and apply for federal waivers and identify necessary changes in state law to: (1) eliminate the requirement for written plans of correction from nursing homes for federal deficiencies issued at a scope and severity that is not widespread, harmful, or in immediate jeopardy; and (2) issue the federal survey form electronically to nursing homes. The commissioner shall issue a report to the legislative chairs of the committees with jurisdiction over health and human services by January 31, 2012, on the status of implementation of this paragraph. History:  1999 c 245 art 3 s 7; 1Sp2011 c 9 art 2 s 19
MN Stat § 144A.115 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.115 — Violations; Penalties.

144A.115 VIOLATIONS; PENALTIES. Subdivision 1. Operating without a license. The operation of a facility providing services required to be licensed under sections 144A.02 to 144A.10 without a license is a misdemeanor punishable by a fine of not more than $300. Subd. 2. Advertising without a license. A person or entity that advertises a facility required to be licensed under sections 144A.02 to 144A.10 before obtaining a license is guilty of a misdemeanor. Subd. 3. Other sanctions. The sanctions in this section do not restrict other available sanctions. History:   1987 c 209 s 28
MN Stat § 144A.12 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.12 — Injunctive Relief; Subpoenas.

144A.12 INJUNCTIVE RELIEF; SUBPOENAS. Subdivision 1. Injunctive relief. In addition to any other remedy provided by law, the commissioner of health may bring an action in the district court in Ramsey or Hennepin County or in the district in which a nursing home is located to enjoin a controlling person or an employee of the nursing home from illegally engaging in activities regulated by sections 144A.01 to 144A.155. A temporary restraining order may be granted by the court in the proceeding if continued activity by the controlling person or employee would create an imminent risk of harm to a resident of the facility. Subd. 2. Subpoenas. In all matters pending before the commissioner under sections 144A.01 to 144A.155, the commissioner of health shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, records, documents and other evidentiary material. Any person failing or refusing to appear or testify regarding any matter about which that person may be lawfully questioned or to produce any papers, books, records, documents or evidentiary materials in the matter to be heard, after having been required by order of the commissioner of health or by a subpoena of the commissioner of health to do so may, upon application by the commissioner of health to the district court in any district, be ordered by the court to comply therewith. The commissioner of health may issue subpoenas and may administer oaths to witnesses, or take their affirmation. Depositions may be taken within or without the state in the manner provided by law for the taking of depositions in civil actions. A subpoena or other process or paper may be served upon any named person anywhere within the state by any officer authorized to serve subpoenas in civil actions, with the same fees and mileage and in the same manner as prescribed by law for process issued out of the district court of this state. Fees and mileage and other costs of persons subpoenaed by the commissioner of health shall be paid in the same manner as for proceedings in district court. History:  1976 c 173 s 12; 1977 c 305 s 45; 1986 c 444; 1987 c 384 art 2 s 1; 1989 c 282 art 3 s 22; 1Sp2001 c 9 art 5 s 40
MN Stat § 144A.13 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.13 — Complaints; Resident's Rights.

144A.13 COMPLAINTS; RESIDENT'S RIGHTS. Subdivision 1. Processing. All matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility's administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home's operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures. Subd. 2. Resident's rights. The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B. History:  1976 c 173 s 13; 1977 c 305 s 45; 1986 c 444; 1999 c 199 art 2 s 4
MN Stat § 144A.154 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.154 — Rate Recommendation.

144A.154 RATE RECOMMENDATION. The commissioner may recommend to the commissioner of human services a review of the rates for a nursing home or boarding care home that participates in the medical assistance program that is in receivership, and that has needs or deficiencies documented by the Department of Health. If the commissioner of health determines that a review of the rate under section 256R.52 is needed, the commissioner shall provide the commissioner of human services with: (1) a copy of the order or determination that cites the deficiency or need; and (2) the commissioner's recommendation for additional staff and additional annual hours by type of employee and additional consultants, services, supplies, equipment, or repairs necessary to satisfy the need or deficiency. History:  1992 c 513 art 7 s 7; 2017 c 40 art 1 s 29
MN Stat § 144A.155 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.155 — Placement Of Monitor.

144A.155 PLACEMENT OF MONITOR. 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
MN Stat § 144A.162 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.162 — Transfer Of Residents Within Facilities.

144A.162 TRANSFER OF RESIDENTS WITHIN FACILITIES. The licensee shall provide for the safe, orderly, and appropriate transfer of residents within the facility. In situations where there is a curtailment, reduction, capital improvement, or change in operations within a facility, the licensee shall minimize the number of intrafacility transfers needed to complete the project or change in operations, consider individual resident needs and preferences, and provide reasonable accommodation for individual resident requests regarding their room transfer. The licensee shall provide notice to the Office of Ombudsman for Long-Term Care and, when appropriate, the Office of Ombudsman for Mental Health and Developmental Disabilities, in advance of any notice to residents and family, when all of the following circumstances apply: (1) the transfers of residents within the facility are being proposed due to curtailment, reduction, capital improvements or change in operations; (2) the transfers of residents within the facility are not temporary moves to accommodate physical plan upgrades or renovation; and (3) the transfers involve multiple residents being moved simultaneously. History:  1Sp2001 c 9 art 5 s 10; 2002 c 379 art 1 s 113; 2005 c 56 s 1; 2007 c 147 art 7 s 75
MN Stat § 144A.18 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.18 — Administrator's Licenses; Penalty.

144A.18 ADMINISTRATOR'S LICENSES; PENALTY. No person shall act as a nursing home administrator or purport to be a nursing home administrator unless that person is licensed by the Board of Executives for Long Term Services and Supports. A violation of this section is a misdemeanor. History:  1976 c 173 s 18; 1986 c 444; 2019 c 60 art 4 s 34
MN Stat § 144A.1888 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.1888 — Reuse Of Facilities.

144A.1888 REUSE OF FACILITIES. Notwithstanding any local ordinance related to development, planning, or zoning to the contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or changes operations shall be considered a conforming use permitted under local law, provided that the facility is converted to another long-term care service approved by a regional planning group under section 256R.40 that serves a smaller number of persons than the number of persons served before the closure or curtailment, reduction, or change in operations. History:  1Sp2001 c 9 art 5 s 11; 2002 c 379 art 1 s 113; 2017 c 40 art 1 s 31
MN Stat § 144A.19 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.19 — Board Of Executives For Long Term Services And Supports.

144A.19 BOARD OF EXECUTIVES FOR LONG TERM SERVICES AND SUPPORTS. Subdivision 1. Creation; membership. There is hereby created the Board of Executives for Long Term Services and Supports which shall consist of the following members: (1) a designee of the commissioner of health who shall be a nonvoting member; (2) a designee of the commissioner of human services who shall be a nonvoting member; and (3) the following members appointed by the governor: (i) one licensed nursing home administrator member actively engaged in the management, operation, or ownership of nursing homes; (ii) one licensed nursing home administrator or health services executive member actively engaged in the management, operation, or ownership of proprietary nursing homes or assisted living facilities; (iii) one licensed nursing home administrator or health services executive member actively engaged in the management or operation of nonprofit nursing homes or assisted living facilities; (iv) one licensed assisted living facility director member actively engaged in the management, operation, or ownership of assisted living facilities; (v) one member actively engaged in the practice of medicine; (vi) two members actively engaged in the practice of professional nursing, one practicing in nursing homes and one practicing in assisted living facilities; and (vii) three public members as defined in section 214.02. Public members may not be current health-related license holders. Subd. 2. Provisions. Membership terms, compensation of members, removal of members, the filling of membership vacancies, fiscal year and reporting requirements, the provision of staff, administrative services and office space, the review and processing of complaints, the setting of board fees and other provisions relating to board operations for the board of executives shall be as provided in chapter 214. Subd. 3.  [Repealed, 1999 c 102 s 7] History:  1976 c 173 s 19; 1977 c 305 s 45; 1977 c 347 s 24; 1977 c 444 s 10; 1984 c 654 art 5 s 58; 1986 c 444; 1999 c 102 s 1; 2019 c 60 art 4 s 6; 2020 c 83 art 1 s 35
MN Stat § 144A.21 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.21 — Administrator And Director Licenses.

144A.21 ADMINISTRATOR AND DIRECTOR LICENSES. Subdivision 1. Transferability. A nursing home administrator's license shall not be transferable. An assisted living director's license shall not be transferable. Subd. 2. Rules; renewal. The Board of Executives by rule shall establish forms and procedures for the processing of license renewals. A nursing home administrator's license or an assisted living director's license may be renewed only in accordance with the standards adopted by the Board of Executives pursuant to section 144A.24. Subd. 3.  [Repealed, 1977 c 444 s 21] Subd. 4.  [Repealed, 1977 c 444 s 21] History:  1976 c 173 s 21; 1977 c 444 s 11; 2019 c 60 art 4 s 10
MN Stat § 144A.22 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.22 — Organization Of Board.

144A.22 ORGANIZATION OF BOARD. The Board of Executives shall elect from its membership a chair, vice-chair and secretary-treasurer, and shall adopt rules to govern its proceedings. Except as otherwise provided by law the Board of Executives shall employ and fix the compensation and duties of an executive director and other necessary personnel to assist it in the performance of its duties. The executive director shall be in the unclassified service and shall not be a member of the Board of Executives. History:  1976 c 173 s 22; 1985 c 247 s 25; 1986 c 444; 1999 c 102 s 3; 2019 c 60 art 4 s 34
MN Stat § 144A.23 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.23 — Jurisdiction Of Board.

144A.23 JURISDICTION OF BOARD. Except as provided in section 144A.04, subdivision 5, the Board of Executives shall have exclusive authority to determine the qualifications, skill and fitness required of any person to serve as an administrator of a nursing home or an assisted living director of an assisted living facility. The holder of a license shall be deemed fully qualified to serve as the administrator of a nursing home or director of an assisted living facility under chapter 144G. History:  1976 c 173 s 23; 2019 c 60 art 1 s 47; art 4 s 11
MN Stat § 144A.24 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.24 — Duties Of The Board.

144A.24 DUTIES OF THE BOARD. The Board of Executives shall: (1) develop and enforce standards for licensing of nursing home administrators and assisted living directors. The standards shall be designed to assure that nursing home administrators and assisted living directors will be individuals of good character who, by training or experience, are suitably qualified to serve as nursing home administrators or assisted living directors; (2) develop appropriate techniques, including examinations and investigations, for determining whether applicants and licensees meet the board's standards; (3) issue licenses and permits to those individuals who are found to meet the board's standards; (4) establish and implement procedures designed to assure that individuals licensed as nursing home administrators and assisted living directors will comply with the board's standards; (5) receive and investigate complaints and take appropriate action consistent with chapter 214, to revoke or suspend the license or permit of a nursing home administrator or acting administrator or an assisted living director or acting director who fails to comply with sections 144A.18 to 144A.27 or the board's standards; (6) conduct a continuing study and investigation of nursing homes and assisted living facilities, and the administrators of nursing homes and assisted living directors within the state, with a view to the improvement of the standards imposed for the licensing of administrators and directors and improvement of the procedures and methods used for enforcement of the board's standards; and (7) approve or conduct courses of instruction or training designed to prepare individuals for licensing in accordance with the board's standards. The board may approve courses conducted within or without this state. History:  1976 c 173 s 24; 1980 c 509 s 45; 1999 c 102 s 4; 2019 c 60 art 4 s 12
MN Stat § 144A.251 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.251 — Mandatory Proceedings.

144A.251 MANDATORY PROCEEDINGS. In addition to its discretionary authority to initiate proceedings under section 144A.24 and chapter 214, the Board of Executives shall initiate proceedings to suspend or revoke a nursing home administrator or assisted living director license or shall refuse to renew a license if within the preceding two-year period the administrator or director was employed at a nursing home or assisted living facility which during the period of employment incurred the following number of uncorrected violations, which violations were in the jurisdiction and control of the administrator or director and for which a fine was assessed and allowed to be recovered: (1) two or more uncorrected violations which created an imminent risk of harm to a nursing home or assisted living facility resident; or (2) ten or more uncorrected violations of any nature. History:  1976 c 173 s 26; 1977 c 444 s 12; 1986 c 444; 2019 c 60 art 4 s 13
MN Stat § 144A.2511 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.2511 — Costs; Penalties.

144A.2511 COSTS; PENALTIES. If the Board of Executives has initiated proceedings under section 144A.24 or 144A.251 or chapter 214, and upon completion of the proceedings has found that a nursing home administrator or assisted living director has violated a provision or provisions of sections 144A.18 to 144A.27, it may impose a civil penalty not exceeding $10,000 for each separate violation, with all violations related to a single event or incident considered as one violation. The amount of the civil penalty shall be fixed so as to deprive the nursing home administrator or assisted living director of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding. For purposes of this section, the cost of the investigation and proceeding may include, but is not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, and reproduction of records. History: 2003 c 66 s 1; 2019 c 60 art 4 s 14 NOTE: The amendment to this section by Laws 2019, chapter 60, article 4, section 14, is effective August 1, 2021. Laws 2019, chapter 60, article 4, section 14, the effective date.