reglab/housing_qa huggingface dataset:
MN Stat § 144A.252 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.252 — Immunity.

144A.252 IMMUNITY. Members of the Board of Executives for Long Term Services and Supports and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of sections 144A.18 to 144A.27, or of rules adopted pursuant to sections 144A.18 to 144A.27 on behalf of the board, are immune from civil liability and criminal prosecution for any actions, transactions, or publication in execution of, or relating to, their duties under sections 144A.18 to 144A.27 provided they are acting in good faith. History:  1999 c 102 s 5; 2019 c 60 art 4 s 34
MN Stat § 144A.26 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.26 — Reciprocity With Other States And Equivalency Of Health Services Executive.

144A.26 RECIPROCITY WITH OTHER STATES AND EQUIVALENCY OF HEALTH SERVICES EXECUTIVE. Subdivision 1. Reciprocity. The Board of Executives may issue a nursing home administrator's license, without examination, to any person who holds a current license as a nursing home administrator from another jurisdiction if the board finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified. Subd. 2. Health services executive license. The Board of Executives may issue a health services executive license to any person who (1) has been validated by the National Association of Long Term Care Administrator Boards as a health services executive, and (2) has met the education and practice requirements for the minimum qualifications of a nursing home administrator, assisted living director, and home and community-based service provider. Licensure decisions made by the board under this subdivision are final. History:  1976 c 173 s 27; 2019 c 60 art 4 s 15
MN Stat § 144A.27 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.27 — Acting Administrators.

144A.27 ACTING ADMINISTRATORS. If a licensed nursing home administrator is removed from the position by death or other unexpected cause, the controlling persons of the nursing home suffering the removal may designate an acting nursing home administrator who shall secure an acting administrator's permit within 30 days of appointment as the acting administrator. History:  1976 c 173 s 28; 1986 c 444; 1987 c 403 art 4 s 5; 1999 c 102 s 6
MN Stat § 144A.28 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.28 — Severability.

144A.28 SEVERABILITY. Any part of sections 144A.18 to 144A.27 which is in conflict with any act of Congress of the United States or any rule of a federal agency, so as to deprive nursing homes of this state of federal funds, shall be deemed void without affecting the remaining provisions of sections 144A.18 to 144A.27. History:   1976 c 173 s 29
MN Stat § 144A.291 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.291 — Fees.

144A.291 FEES. Subdivision 1. Nonrefundable fees. All fees are nonrefundable. Subd. 2. Amounts. (a) Fees may not exceed the following amounts but may be adjusted lower by board direction and are for the exclusive use of the board as required to sustain board operations. The maximum amounts of fees are: (1) application for licensure, $200; (2) for a prospective applicant for a review of education and experience advisory to the license application, $100, to be applied to the fee for application for licensure if the latter is submitted within one year of the request for review of education and experience; (3) state examination, $125; (4) initial license, $250 if issued between July 1 and December 31, $100 if issued between January 1 and June 30; (5) acting permit, $400; (6) renewal license, $250; (7) duplicate license, $50; (8) reinstatement fee, $250; (9) health services executive initial license, $250; (10) health services executive renewal license, $250; (11) reciprocity verification fee, $50; (12) second shared assignment, $250; (13) continuing education fees: (i) greater than six hours, $50; and (ii) seven hours or more, $75; (14) education review, $100; (15) fee to a sponsor for review of individual continuing education seminars, institutes, workshops, or home study courses: (i) for less than seven clock hours, $30; and (ii) for seven or more clock hours, $50; (16) fee to a licensee for review of continuing education seminars, institutes, workshops, or home study courses not previously approved for a sponsor and submitted with an application for license renewal: (i) for less than seven clock hours total, $30; and (ii) for seven or more clock hours total, $50; (17) late renewal fee, $75; (18) fee to a licensee for verification of licensure status and examination scores, $30; (19) registration as a registered continuing education sponsor, $1,000; (20) mail labels, $75; and (21) annual assisted living program education provider fee, $2,500. (b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund. History:  1Sp2019 c 9 art 10 s 1; 7Sp2020 c 1 art 6 s 2
MN Stat § 144A.30 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.30 — Pets In Nursing Homes.

144A.30 PETS IN NURSING HOMES. Nursing homes may keep pet animals on the premises subject to reasonable rules as to the care, type and maintenance of the pet. History:   1979 c 38 s 1
MN Stat § 144A.33 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.33 — Resident And Family Advisory Council Education.

144A.33 RESIDENT AND FAMILY ADVISORY COUNCIL EDUCATION. Subdivision 1. Educational program. Each resident and family council authorized under section 144.651, subdivision 27, shall be educated and informed about the following: (1) care in the nursing home or board and care home; (2) resident rights and responsibilities; (3) resident and family council organization and maintenance; (4) laws and rules that apply to homes and residents; (5) human relations; and (6) resident and family self-help methods to increase quality of care and quality of life in a nursing home or board and care home. Subd. 2. Providing educational services. The Minnesota Board on Aging shall provide educational services to councils. Subd. 3. Funding of advisory council education. A license application or renewal fee for nursing homes and boarding care homes under section 144.53 or 144A.07 must be increased by $5 per bed to fund the development and education of resident and family advisory councils. Subd. 4. Special account. All money collected by the commissioner of health under subdivision 3 must be deposited in the state treasury and credited to a special account called the nursing home advisory council fund. Money credited to the fund is appropriated to the Minnesota Board on Aging for the purposes of this section. Subd. 5. Evaluation. Each year the Minnesota Board on Aging shall evaluate the programs and funding sources established under this section. History:  1985 c 267 s 1; 1987 c 403 art 2 s 13,14; 1995 c 207 art 9 s 19; 1997 c 7 art 2 s 16; 2014 c 312 art 27 s 4
MN Stat § 144A.351 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.351 — Long-term Care Services And Supports Report Required.

144A.351 LONG-TERM CARE SERVICES AND SUPPORTS REPORT REQUIRED. Subdivision 1. Report requirements. The commissioners of health and human services, with the cooperation of counties and in consultation with stakeholders, including persons who need or are using long-term care services and supports, lead agencies, regional entities, senior, disability, and mental health organization representatives, service providers, and community members shall prepare a report to the legislature by August 15, 2013, and biennially thereafter, regarding the status of the full range of long-term care services and supports for the elderly and children and adults with disabilities and mental illnesses in Minnesota. Any amounts appropriated for this report are available in either year of the biennium. The report shall address: (1) demographics and need for long-term care services and supports in Minnesota; (2) summary of county and regional reports on long-term care gaps, surpluses, imbalances, and corrective action plans; (3) status of long-term care services and related mental health services, housing options, and supports by county and region including: (i) changes in availability of the range of long-term care services and housing options; (ii) access problems, including access to the least restrictive and most integrated services and settings, regarding long-term care services; and (iii) comparative measures of long-term care services availability, including serving people in their home areas near family, and changes over time; and (4) recommendations regarding goals for the future of long-term care services and supports, policy and fiscal changes, and resource development and transition needs. Subd. 2.  [Repealed, 1Sp2017 c 6 art 1 s 54] History:  1Sp2003 c 14 art 2 s 11; 2007 c 147 art 6 s 1; 2012 c 247 art 4 s 3; 2012 c 298 s 2; 2013 c 108 art 2 s 2,44; art 15 s 3,4; 1Sp2017 c 6 art 1 s 1
MN Stat § 144A.45 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.45 — Regulation Of Home Care Services.

144A.45 REGULATION OF HOME CARE SERVICES. Subdivision 1. Regulations. The commissioner shall regulate home care providers pursuant to sections 144A.43 to 144A.482. The regulations shall include the following: (1) provisions to assure, to the extent possible, the health, safety, well-being, and appropriate treatment of persons who receive home care services while respecting a client's autonomy and choice; (2) requirements that home care providers furnish the commissioner with specified information necessary to implement sections 144A.43 to 144A.482; (3) standards of training of home care provider personnel; (4) standards for provision of home care services; (5) standards for medication management; (6) standards for supervision of home care services; (7) standards for client evaluation or assessment; (8) requirements for the involvement of a client's health care provider, the documentation of health care providers' orders, if required, and the client's service plan; (9) the maintenance of accurate, current client records; (10) the establishment of basic and comprehensive levels of licenses based on services provided; and (11) provisions to enforce these regulations and the home care bill of rights. Subd. 1a.  [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 1b.  [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 2. Regulatory functions. The commissioner shall: (1) license, survey, and monitor without advance notice, home care providers in accordance with sections 144A.43 to 144A.482; (2) survey every temporary licensee within one year of the temporary license issuance date subject to the temporary licensee providing home care services to a client or clients; (3) survey all licensed home care providers on an interval that will promote the health and safety of clients; (4) with the consent of the client, visit the home where services are being provided; (5) 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.482; (6) take action as authorized in section 144A.475; and (7) take other action reasonably required to accomplish the purposes of sections 144A.43 to 144A.482. Subd. 3.  [Repealed, 1997 c 113 s 22] Subd. 4.  [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 5.  [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 6.  MS 2018 [Repealed, 1Sp2019 c 9 art 11 s 112] 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; 2008 c 326 art 1 s 2,3; 2009 c 174 art 2 s 5,6; 2010 c 246 s 1,2; 2013 c 43 s 16; 2013 c 108 art 11 s 9; 2014 c 275 art 1 s 135
MN Stat § 144A.47 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.47 — Information And Referral Services.

144A.47 INFORMATION AND REFERRAL SERVICES. The commissioner shall ensure that information and referral services relating to home care are available in all regions of the state. The commissioner shall collect and make available information about available home care services, sources of payment, providers, and the rights of consumers. The commissioner may require home care providers to provide information requested for the purposes of this section as a condition of registration or licensure. The commissioner may publish and make available: (1) general information describing home care services in the state; (2) limitations on hours, availability of services, and eligibility for third-party payments, applicable to individual providers; and (3) other information the commissioner determines to be appropriate. History:  1987 c 378 s 7; 1995 c 207 art 9 s 21
MN Stat § 144A.477 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.477 — Compliance.

144A.477 COMPLIANCE. Subdivision 1. Medicare-certified providers; coordination of surveys. If feasible, the commissioner shall survey licensees to determine compliance with this chapter at the same time as surveys for certification for Medicare if Medicare certification is based on compliance with the federal conditions of participation and on survey and enforcement by the Department of Health as agent for the United States Department of Health and Human Services. Subd. 2. Medicare-certified providers; equivalent requirements. For home care providers licensed to provide comprehensive home care services that are also certified for participation in Medicare as a home health agency under Code of Federal Regulations, title 42, part 484, the following state licensure regulations are considered equivalent to the federal requirements: (1) quality management, section 144A.479, subdivision 3; (2) personnel records, section 144A.479, subdivision 7; (3) acceptance of clients, section 144A.4791, subdivision 4; (4) referrals, section 144A.4791, subdivision 5; (5) client assessment, sections 144A.4791, subdivision 8, and 144A.4792, subdivisions 2 and 3; (6) individualized monitoring and reassessment, sections 144A.4791, subdivision 8, and 144A.4792, subdivisions 2 and 3; (7) individualized service plan, sections 144A.4791, subdivision 9, 144A.4792, subdivision 5, and 144A.4793, subdivision 3; (8) client complaint and investigation process, section 144A.4791, subdivision 11; (9) prescription orders, section 144A.4792, subdivisions 13 to 16; (10) client records, section 144A.4794, subdivisions 1 to 3; (11) qualifications for unlicensed personnel performing delegated tasks, section 144A.4795; (12) training and competency staff, section 144A.4795; (13) training and competency for unlicensed personnel, section 144A.4795, subdivision 7; (14) delegation of home care services, section 144A.4795, subdivision 4; (15) availability of contact person, section 144A.4797, subdivision 1; and (16) supervision of staff, section 144A.4797, subdivisions 2 and 3. Violations of requirements in clauses (1) to (16) may lead to enforcement actions under section 144A.474. History:  2013 c 108 art 11 s 16; 2014 c 275 art 1 s 135
MN Stat § 144A.478 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.478 — Innovation Variance.

144A.478 INNOVATION VARIANCE. Subdivision 1. Definition. For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter. An innovation variance may be granted to allow a home care provider to offer home care services of a type or in a manner that is innovative, will not impair the services provided, will not adversely affect the health, safety, or welfare of the clients, and is likely to improve the services provided. The innovative variance cannot change any of the client's rights under section 144A.44, home care bill of rights. Subd. 2. Conditions. The commissioner may impose conditions on the granting of an innovation variance that the commissioner considers necessary. Subd. 3. Duration and renewal. The commissioner may limit the duration of any innovation variance and may renew a limited innovation variance. Subd. 4. Applications; innovation variance. An application for innovation variance from the requirements of this chapter may be made at any time, must be made in writing to the commissioner, and must specify the following: (1) the statute or law from which the innovation variance is requested; (2) the time period for which the innovation variance is requested; (3) the specific alternative action that the licensee proposes; (4) the reasons for the request; and (5) justification that an innovation variance will not impair the services provided, will not adversely affect the health, safety, or welfare of clients, and is likely to improve the services provided. The commissioner may require additional information from the home care provider before acting on the request. Subd. 5. Grants and denials. The commissioner shall grant or deny each request for an innovation variance in writing within 45 days of receipt of a complete request. Notice of a denial shall contain the reasons for the denial. The terms of a requested innovation variance may be modified upon agreement between the commissioner and the home care provider. Subd. 6. Violation of innovation variances. A failure to comply with the terms of an innovation variance shall be deemed to be a violation of this chapter. Subd. 7. Revocation or denial of renewal. The commissioner shall revoke or deny renewal of an innovation variance if: (1) it is determined that the innovation variance is adversely affecting the health, safety, or welfare of the licensee's clients; (2) the home care provider has failed to comply with the terms of the innovation variance; (3) the home care provider notifies the commissioner in writing that it wishes to relinquish the innovation variance and be subject to the statute previously varied; or (4) the revocation or denial is required by a change in law. History:  2013 c 108 art 11 s 17; 2014 c 275 art 1 s 135
MN Stat § 144A.4798 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.4798 — Disease Prevention And Infection Control.

144A.4798 DISEASE PREVENTION AND INFECTION CONTROL. Subdivision 1. Tuberculosis (TB) infection control. (a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in the CDC's Morbidity and Mortality Weekly Report. This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The commissioner shall provide technical assistance regarding implementation of the guidelines. (b) The home care provider must maintain written evidence of compliance with this subdivision. Subd. 2. Communicable diseases. A home care provider must follow current state requirements for prevention, control, and reporting of communicable diseases as defined in Minnesota Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090. Subd. 3. Infection control program. A home care provider must establish and maintain an effective infection control program that complies with accepted health care, medical, and nursing standards for infection control. History:  2013 c 108 art 11 s 26; 1Sp2019 c 9 art 11 s 64
MN Stat § 144A.483 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.483 — Agency Quality Improvement Program.

144A.483 AGENCY QUALITY IMPROVEMENT PROGRAM. Subdivision 1. Annual legislative report on home care licensing. The commissioner shall establish a quality improvement program for the home care survey and home care complaint investigation processes. The commissioner shall submit to the legislature an annual report, beginning October 1, 2015, and each October 1 thereafter. Each report will review the previous state fiscal year of home care licensing and regulatory activities. The report must include, but is not limited to, an analysis of: (1) the number of FTEs in the Division of Compliance Monitoring, including the Office of Health Facility Complaints units assigned to home care licensing, survey, investigation, and enforcement process; (2) numbers of and descriptive information about licenses issued, complaints received and investigated, including allegations made and correction orders issued, surveys completed and timelines, and correction order reconsiderations and results; (3) descriptions of emerging trends in home care provision and areas of concern identified by the department in its regulation of home care providers; (4) information and data regarding performance improvement projects underway and planned by the commissioner in the area of home care surveys; and (5) work of the Department of Health Home Care Advisory Council. Subd. 2. Study of correction order appeal process. Starting July 1, 2015, the commissioner shall study whether to add a correction order appeal process conducted by an independent reviewer such as an administrative law judge or other office and submit a report to the legislature by February 1, 2016. The commissioner shall review home care regulatory systems in other states as part of that study. The commissioner shall consult with the home care providers and representatives. History:   2013 c 108 art 11 s 30
MN Stat § 144A.51 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 144A — Nursing Homes And Home Care|Section 144A.51 — Definitions.

144A.51 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 144A.51 to 144A.54, the terms defined in this section have the meanings given them. Subd. 2. Administrative agency or agency. "Administrative agency" or "agency" means any division, official, or employee of a state or local governmental agency, but does not include: (1) any member of the senate or house of representatives; (2) the governor or personal staff of the governor; (3) any instrumentality of the federal government of the United States; or (4) any court or judge. Subd. 3. Director. "Director" means the director of the Office of Health Facility Complaints. Subd. 4. Health care provider. "Health care provider" means any professional licensed by the state to provide medical or health care services who does provide the services to a resident of a health facility or a residential care home. Subd. 5. Health facility. "Health facility" means a facility or that part of a facility which is required to be licensed pursuant to sections 144.50 to 144.58, 144.615, and a facility or that part of a facility which is required to be licensed under any law of this state which provides for the licensure of nursing homes. Subd. 6. Resident. "Resident" means any resident or patient of a health facility or a residential care home, or a consumer of services provided by a home care provider, or the guardian or conservator of the resident, patient, or consumer, if one has been appointed. Subd. 7. Home care provider. "Home care provider" means a home care provider as defined in section 144A.43, subdivision 4. History:  1976 c 325 s 1; 1986 c 444; 1987 c 378 s 9,10; 1987 c 384 art 2 s 1; 1991 c 292 art 2 s 12; 1992 c 513 art 6 s 12-14; 1Sp2010 c 1 art 20 s 17