2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.095 — Record Requirements.

245D.095 RECORD REQUIREMENTS.
Subdivision 1.
Record-keeping systems.
The license holder must ensure that the content and format of service recipient, personnel, and program records are uniform and legible according to the requirements of this chapter.
Subd. 2.
Admission and discharge register.
The license holder must keep a written or electronic register, listing in chronological order the dates and names of all persons served by the program who have been admitted, discharged, or transferred, including service terminations initiated by the license holder and deaths.
Subd. 3.
Service recipient record.
(a) The license holder must maintain a record of current services provided to each person on the premises where the services are provided or coordinated. When the services are provided in a licensed facility, the records must be maintained at the facility, otherwise the records must be maintained at the license holder's program office. The license holder must protect service recipient records against loss, tampering, or unauthorized disclosure according to the requirements in sections 13.01 to 13.10 and 13.46.
(b) The license holder must maintain the following information for each person:
(1) an admission form signed by the person or the person's legal representative that includes:
(i) identifying information, including the person's name, date of birth, address, and telephone number; and
(ii) the name, address, and telephone number of the person's legal representative, if any, and a primary emergency contact, the case manager, and family members or others as identified by the person or case manager;
(2) service information, including service initiation information, verification of the person's eligibility for services, documentation verifying that services have been provided as identified in the support plan or support plan addendum according to paragraph (a), and date of admission or readmission;
(3) health information, including medical history, special dietary needs, and allergies, and when the license holder is assigned responsibility for meeting the person's health service needs according to section 245D.05:
(i) current orders for medication, treatments, or medical equipment and a signed authorization from the person or the person's legal representative to administer or assist in administering the medication or treatments, if applicable;
(ii) a signed statement authorizing the license holder to act in a medical emergency when the person's legal representative, if any, cannot be reached or is delayed in arriving;
(iii) medication administration procedures;
(iv) a medication administration record documenting the implementation of the medication administration procedures, and the medication administration record reviews, including any agreements for administration of injectable medications by the license holder according to the requirements in section 245D.05; and
(v) a medical appointment schedule when the license holder is assigned responsibility for assisting with medical appointments;
(4) the person's current support plan or that portion of the plan assigned to the license holder;
(5) copies of the individual abuse prevention plan and assessments as required under section 245D.071, subdivisions 2 and 3;
(6) a record of other service providers serving the person when the person's support plan or support plan addendum identifies the need for coordination between the service providers, that includes a contact person and telephone numbers, services being provided, and names of staff responsible for coordination;
(7) documentation of orientation to service recipient rights according to section 245D.04, subdivision 1, and maltreatment reporting policies and procedures according to section 245A.65, subdivision 1, paragraph (c);
(8) copies of authorizations to handle a person's funds, according to section 245D.06, subdivision 4, paragraph (a);
(9) documentation of complaints received and grievance resolution;
(10) incident reports involving the person, required under section 245D.06, subdivision 1;
(11) copies of written reports regarding the person's status when requested according to section 245D.07, subdivision 3, progress review reports as required under section 245D.071, subdivision 5, progress or daily log notes that are recorded by the program, and reports received from other agencies involved in providing services or care to the person; and
(12) discharge summary, including service termination notice and related documentation, when applicable.
Subd. 4.
Access to service recipient records.
The license holder must ensure that the following people have access to the information in subdivision 1 in accordance with applicable state and federal laws, regulations, or rules:
(1) the person, the person's legal representative, and anyone properly authorized by the person;
(2) the person's case manager;
(3) staff providing services to the person unless the information is not relevant to carrying out the support plan or support plan addendum; and
(4) the county child or adult foster care licensor, when services are also licensed as child or adult foster care.
Subd. 5.
Personnel records.
(a) The license holder must maintain a personnel record of each employee to document and verify staff qualifications, orientation, and training. The personnel record must include:
(1) the employee's date of hire, completed application, an acknowledgment signed by the employee that job duties were reviewed with the employee and the employee understands those duties, and documentation that the employee meets the position requirements as determined by the license holder;
(2) documentation of staff qualifications, orientation, training, and performance evaluations as required under section 245D.09, subdivisions 3 to 5, including the date the training was completed, the number of hours per subject area, and the name of the trainer or instructor; and
(3) a completed background study as required under chapter 245C.
(b) For employees hired after January 1, 2014, the license holder must maintain documentation in the personnel record or elsewhere, sufficient to determine the date of the employee's first supervised direct contact with a person served by the program, and the date of first unsupervised direct contact with a person served by the program.
History:
2013 c 108 art 8 s 34; 2022 c 98 art 17 s 26