reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.031 — Consideration Of Applications.

144A.031 CONSIDERATION OF APPLICATIONS.
(a) Before issuing a license or renewing an existing license, the commissioner shall consider an applicant's compliance history in providing care in a facility that provides care to children, the elderly, ill individuals, or individuals with disabilities.
(b) The applicant's compliance history shall include repeat violations, rule violations, and any license or certification involuntarily suspended or terminated during an enforcement process.
(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide complete and accurate information on the application and the commissioner concludes that the missing or corrected information is needed to determine if a license is granted;
(2) the applicant, knowingly or with reason to know, made a false statement of a material fact in an application for the license or any data attached to the application or in any matter under investigation by the department;
(3) the applicant refused to allow agents of the commissioner to inspect the applicant's books, records, files related to the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
(i) the work of any authorized representative of the commissioner, the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities; or
(ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult protection, county case managers, or other local government personnel;
(5) the applicant has a history of noncompliance with federal or state regulations that were detrimental to the health, welfare, or safety of a resident or a client; or
(6) the applicant violates any requirement in this chapter or chapter 256R.
(d) If a license is denied, the applicant has the reconsideration rights available under chapter 14.
History:
2022 c 98 art 1 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.05 — License Renewal.

144A.05 LICENSE RENEWAL.
Unless the license expires in accordance with section 144A.06 or is suspended or revoked in accordance with section 144A.11, a nursing home license shall remain effective for a period of one year from the date of its issuance. The commissioner of health by rule shall establish forms and procedures for the processing of license renewals. The commissioner of health shall approve a license renewal application if the facility continues to satisfy the requirements, standards and conditions prescribed by sections 144A.01 to 144A.155 and the rules promulgated thereunder. The commissioner shall not approve the renewal of a license for a nursing home bed in a resident room with more than four beds. Except as provided in section 144A.08, a facility shall not be required to submit with each application for a license renewal additional copies of the architectural and engineering plans and specifications of the facility. Before approving a license renewal, the commissioner of health shall determine that the facility's most recent balance sheet and its most recent statement of revenues and expenses, as audited by the state auditor, by a certified public accountant licensed in accordance with chapter 326A or by a public accountant as defined in section 412.222, have been received by the Department of Human Services.
History:
1976 c 173 s 5; 1977 c 305 s 45; 1977 c 326 s 3; 1984 c 654 art 5 s 58; 1987 c 384 art 2 s 1; 1987 c 403 art 4 s 2; 1Sp2001 c 9 art 5 s 40; 2010 c 191 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.06 — Transfer Of License Prohibited.

144A.06 TRANSFER OF LICENSE PROHIBITED.
Subdivision 1.
Transfers prohibited.
A nursing home license may not be transferred.
Subd. 2.
New license required; change of ownership.
(a) The commissioner of health by rule shall prescribe procedures for licensure under this section.
(b) A new license is required and the prospective licensee must apply for a license prior to operating a currently licensed nursing home. The licensee must change whenever one of the following events occur:
(1) the form of the licensee's legal entity structure is converted or changed to a different type of legal entity structure;
(2) the licensee dissolves, consolidates, or merges with another legal organization and the licensee's legal organization does not survive;
(3) within the previous 24 months, 50 percent or more of the licensee's ownership interest is transferred, whether by a single transaction or multiple transactions to:
(i) a different person or multiple different persons; or
(ii) a person or multiple persons who had less than a five percent ownership interest in the facility at the time of the first transaction; or
(4) any other event or combination of events that results in a substitution, elimination, or withdrawal of the licensee's responsibility for the facility.
Subd. 3.
Compliance.
The commissioner must consult with the commissioner of human services regarding the history of financial and cost reporting compliance of the prospective licensee and prospective licensee's financial operations in any nursing home that the prospective licensee or any controlling person listed in the license application has had an interest in.
Subd. 4.
Facility operation.
The current licensee remains responsible for the operation of the nursing home until the nursing home is licensed to the prospective licensee.
History:
1976 c 173 s 6; 1977 c 305 s 45; 1986 c 444; 2022 c 98 art 1 s 16; 2023 c 70 art 3 s 29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.07 — Fees.

144A.07 FEES.
Each application for a license to operate a nursing home, or for a renewal of license, except an application by the Minnesota Veterans Home or the commissioner of human services for the licensing of state institutions, shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to section 144.122. No fee shall be refunded.
History:
1976 c 173 s 7; 1977 c 305 s 45; 1984 c 654 art 5 s 58
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.08 — Physical Standards; Penalty.

144A.08 PHYSICAL STANDARDS; PENALTY.
Subdivision 1.
Establishment.
The commissioner of health by rule shall establish minimum standards for the construction, maintenance, equipping and operation of nursing homes. The rules shall to the extent possible assure the health, treatment, comfort, safety and well being of nursing home residents.
Subd. 1a.
Corridor doors.
Nothing in the rules of the commissioner of health shall require that each door entering a sleeping room from a corridor in a nursing home with an approved complete standard automatic fire extinguishing system be constructed or maintained as self-closing or automatically closing.
Subd. 1b.
Summer temperature and humidity.
A nursing home, or part of a nursing home that includes resident-occupied space, constructed after June 30, 1988, must meet the interior summer design temperature and humidity recommendations in chapter 7 of the 1982 applications of the handbook published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., as amended.
Subd. 2.
Report.
The controlling persons of a nursing home shall, in accordance with rules established by the commissioner of health, within 14 days of the occurrence, notify the commissioner of health of any change in the physical structure of a nursing home, which change would affect compliance with the rules of the commissioner of health or with sections 144A.01 to 144A.155.
Subd. 3.
Penalty.
Any controlling person who establishes, conducts, manages or operates a nursing home which incurs the following number of uncorrected or repeated violations, in any two-year period:
(1) two or more uncorrected violations or one or more repeated violations which created an imminent risk to direct resident care or safety; or
(2) four or more uncorrected violations or two or more repeated violations of any nature for which the fines are in the four highest daily fine categories prescribed in rule, is guilty of a misdemeanor.
The provisions of this subdivision shall not apply to any controlling person who had no legal authority to affect or change decisions as to the operation of the nursing home which incurred the uncorrected or repeated violations.
History:
1976 c 173 s 8; 1977 c 305 s 45; 1981 c 360 art 2 s 5; 1982 c 633 s 4; 1Sp1985 c 3 s 13; 1987 c 384 art 2 s 1; 1988 c 689 art 2 s 40; 1Sp2001 c 9 art 5 s 40
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144A — Nursing Homes And Home Care › Section 144A.09 — Facilities Excluded.

144A.09 FACILITIES EXCLUDED.
Subdivision 1.
Spiritual means for healing.
Sections 144A.04, subdivision 5, and 144A.18 to 144A.27, and rules adopted under sections 144A.01 to 144A.155 other than a rule relating to sanitation and safety of premises, to cleanliness of operation, or to physical equipment do not apply to a nursing home conducted by and for the adherents of any recognized church or religious denomination for the purpose of providing care and treatment for those who select and depend upon spiritual means through prayer alone, in lieu of medical care, for healing.
Subd. 2.
Religious society or order.
The provisions of sections 144A.01 to 144A.27 shall not apply to a facility operated by a religious society or order to provide nursing care to 20 or fewer nonlay members of the order or society.
History:
1976 c 173 s 9; 1987 c 384 art 2 s 1; 1996 c 451 art 4 s 22; 1998 c 407 art 3 s 3; 1Sp2001 c 9 art 5 s 40
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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 for Long Term Services and Supports 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 for Long Term Services and Supports.
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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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
2023 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 for Long Term Services and Supports 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 for Long Term Services and Supports 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; 2022 c 98 art 1 s 71
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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.
(a) 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 compile data 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. The compiled data shall include:
(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.
(b) The commissioners of health and human services shall make the compiled data available on at least one of the department's websites.
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; 2022 c 98 art 14 s 6
2023 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
2023 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