Bill Text: MN HF1422 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Home and community-based service providers requirements modified.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-11 - Introduction and first reading, referred to Health and Human Services Policy [HF1422 Detail]
Download: Minnesota-2013-HF1422-Introduced.html
1.2relating to human services; modifying requirements for providers of home
1.3and community-based services;amending Minnesota Statutes 2012, sections
1.4245D.06, subdivision 1; 245D.09, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 245D.06, subdivision 1, is amended to read:
1.7 Subdivision 1. Incident response and reporting. (a) The license holder must
1.8respond to all incidents under section245D.02, subdivision 11 , that occur while providing
1.9services to protect the health and safety of and minimize risk of harm to the person.
1.10(b) The license holder must maintain information about and report incidents to the
1.11person's legal representative or designated emergency contact and case manager within 24
1.12hours of an incident occurring while services are being provided, or within 24 hours of
1.13discovery or receipt of information that an incident occurred, unless the license holder has
1.14reason to know that the incident has already been reported. An incident of suspected or
1.15alleged maltreatment must be reported as required under paragraph (d), and an incident of
1.16serious injury or death must be reported as required under paragraph (e).
1.17(c) When the incident involves more than one person, the license holder must not
1.18disclose personally identifiable information about any other person when making the report
1.19to each person and case manager unless the license holder has the consent of the person.
1.20(d) Within 24 hours of reporting maltreatment as required under section626.556
1.21or
626.557 , the license holder must inform the case manager of the report unless there is
1.22reason to believe that the case manager is involved in the suspected maltreatment. The
1.23license holder must disclose the nature of the activity or occurrence reported and the
1.24agency that received the report.
2.1(e) The license holder must report the death or serious injury of the person to
2.2the legal representative, if any, and case manager, the Department of Human Services
2.3Licensing Division, and the Office of Ombudsman for Mental Health and Developmental
2.4Disabilities as required under section245.94, subdivision 2a , within 24 hours of the death,
2.5or receipt of information that the death occurred, unless the license holder has reason to
2.6know that the death has already been reported.
2.7(f) The license holder must report incidents when law enforcement has responded
2.8to the residence to each resident's legal representative or designated emergency contact
2.9within 24 hours of the law enforcement response.
2.10(f) (g) The license holder must conduct a review of incident reports, for identification
2.11of incident patterns, and implementation of corrective action as necessary to reduce
2.12occurrences.
2.13 Sec. 2. Minnesota Statutes 2012, section 245D.09, is amended by adding a subdivision
2.14to read:
2.15 Subd. 8. Identification. All direct service staff, including volunteers and
2.16subcontractors, must wear visible identification while on duty.
2.17 Sec. 3. STAKEHOLDER WORK GROUPS.
2.18When the commissioner establishes a work group to provide input on department
2.19procedures, policies, or rate setting, the commissioner shall appoint an equal number of
2.20service recipient family members and providers.
1.3and community-based services;amending Minnesota Statutes 2012, sections
1.4245D.06, subdivision 1; 245D.09, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 245D.06, subdivision 1, is amended to read:
1.7 Subdivision 1. Incident response and reporting. (a) The license holder must
1.8respond to all incidents under section
1.9services to protect the health and safety of and minimize risk of harm to the person.
1.10(b) The license holder must maintain information about and report incidents to the
1.11person's legal representative or designated emergency contact and case manager within 24
1.12hours of an incident occurring while services are being provided, or within 24 hours of
1.13discovery or receipt of information that an incident occurred, unless the license holder has
1.14reason to know that the incident has already been reported. An incident of suspected or
1.15alleged maltreatment must be reported as required under paragraph (d), and an incident of
1.16serious injury or death must be reported as required under paragraph (e).
1.17(c) When the incident involves more than one person, the license holder must not
1.18disclose personally identifiable information about any other person when making the report
1.19to each person and case manager unless the license holder has the consent of the person.
1.20(d) Within 24 hours of reporting maltreatment as required under section
1.22reason to believe that the case manager is involved in the suspected maltreatment. The
1.23license holder must disclose the nature of the activity or occurrence reported and the
1.24agency that received the report.
2.1(e) The license holder must report the death or serious injury of the person to
2.2the legal representative, if any, and case manager, the Department of Human Services
2.3Licensing Division, and the Office of Ombudsman for Mental Health and Developmental
2.4Disabilities as required under section
2.5or receipt of information that the death occurred, unless the license holder has reason to
2.6know that the death has already been reported.
2.7(f) The license holder must report incidents when law enforcement has responded
2.8to the residence to each resident's legal representative or designated emergency contact
2.9within 24 hours of the law enforcement response.
2.10
2.11of incident patterns, and implementation of corrective action as necessary to reduce
2.12occurrences.
2.13 Sec. 2. Minnesota Statutes 2012, section 245D.09, is amended by adding a subdivision
2.14to read:
2.15 Subd. 8. Identification. All direct service staff, including volunteers and
2.16subcontractors, must wear visible identification while on duty.
2.17 Sec. 3. STAKEHOLDER WORK GROUPS.
2.18When the commissioner establishes a work group to provide input on department
2.19procedures, policies, or rate setting, the commissioner shall appoint an equal number of
2.20service recipient family members and providers.
