Bill Text: MN HF2977 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Home care provider licensing and compliance monitoring changes made.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-26 - Committee report, to adopt and re-refer to Health and Human Services Finance [HF2977 Detail]
Download: Minnesota-2013-HF2977-Engrossed.html
1.2relating to health; making changes to home care provider licensing and
1.3compliance monitoring;amending Minnesota Statutes 2013 Supplement, sections
1.4144A.474, subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
1.7is amended to read:
1.8 Subd. 8. Correction orders. (a) A correction order may be issued whenever the
1.9commissioner finds upon survey or during a complaint investigation that a home care
1.10provider, a managerial official, or an employee of the provider is not in compliance with
1.11sections144A.43 to
144A.482 . The correction order shall cite the specific statute and
1.12document areas of noncompliance and the time allowed for correction.
1.13(b) The commissioner shall mail copies of any correction orderwithin 30 calendar
1.14days after an exit survey to the last known address of the home care provider, or
1.15electronically scan the correction order and e-mail it to the last known home care provider
1.16e-mail address, within 30 calendar days after the survey exit date. A copy of each
1.17correction order and copies of any documentation supplied to the commissioner shall be
1.18kept on file by the home care provider, and public documents shall be made available for
1.19viewing by any person upon request. Copies may be kept electronically.
1.20(c) By the correction order date, the home care provider must document in the
1.21provider's records any action taken to comply with the correction order. The commissioner
1.22may request a copy of this documentation and the home care provider's action to respond
1.23to the correction order in future surveys, upon a complaint investigation, and as otherwise
1.24needed.
2.1EFFECTIVE DATE.This section is effective August 1, 2014, and for current
2.2licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
2.3 Sec. 2. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
2.4is amended to read:
2.5 Subd. 12. Reconsideration. (a) The commissioner shall make available to home
2.6care providers a correction order reconsideration process. This process may be used
2.7to challenge the correction order issued, including the level and scope described in
2.8subdivision 11, and any fine assessed. During the correction order reconsideration
2.9request, the issuance for the correction orders under reconsideration are not stayed, but
2.10the department shall post information on the Web site with the correction order that the
2.11licensee has requested a reconsideration and that the review is pending.
2.12(b) A licensed home care provider may request from the commissioner, in writing,
2.13a correction order reconsideration regarding any correction order issued to the provider.
2.14 The written request for reconsideration must be received by the commissioner within 15
2.15calendar days of the correction order receipt date. The correction order reconsideration shall
2.16not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
2.17or reviewing of the correction order being disputed. The correction order reconsiderations
2.18may be conducted in person, by telephone, by another electronic form, or in writing, as
2.19determined by the commissioner. The commissioner shall respond in writing to the request
2.20from a home care provider for a correction order reconsideration within 60 days of the
2.21date the provider requests a reconsideration. The commissioner's response shall identify
2.22the commissioner's decision regarding each citation challenged by the home care provider.
2.23(c) The findings of a correction order reconsideration process shall be one or more of
2.24the following:
2.25(1) supported in full, the correction order is supported in full, with no deletion of
2.26findings to the citation;
2.27(2) supported in substance, the correction order is supported, but one or more
2.28findings are deleted or modified without any change in the citation;
2.29(3) correction order cited an incorrect home care licensing requirement, the correction
2.30order is amended by changing the correction order to the appropriate statutory reference;
2.31(4) correction order was issued under an incorrect citation, the correction order is
2.32amended to be issued under the more appropriate correction order citation;
2.33(5) the correction order is rescinded;
2.34(6) fine is amended, it is determined that the fine assigned to the correction order
2.35was applied incorrectly; or
3.1(7) the level or scope of the citation is modified based on the reconsideration.
3.2(d) If the correction order findings are changed by the commissioner, the
3.3commissioner shall update the correction order Web site.
3.4(e) This subdivision does not apply to temporary licensees.
3.5EFFECTIVE DATE.This section is effective August 1, 2014, and for current
3.6licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
3.7 Sec. 3. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, is
3.8amended to read:
3.9 Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
3.10the home care provider shall be entitled to notice and a hearing as provided by sections
3.1114.57
to
14.69 . In addition to any other remedy provided by law, the commissioner may,
3.12without a prior contested case hearing, temporarily suspend a license or prohibit delivery
3.13of services by a provider for not more than 90 days if the commissioner determines that
3.14the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
3.15as defined in section 144A.474, subdivision 11, paragraph (b), provided:
3.16(1) advance notice is given to the home care provider;
3.17(2) after notice, the home care provider fails to correct the problem;
3.18(3) the commissioner has reason to believe that other administrative remedies are not
3.19likely to be effective; and
3.20(4) there is an opportunity for a contested case hearing within the90 30 days unless
3.21there is an extension granted by an administrative law judge pursuant to subdivision 3b.
3.22EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
3.23and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
3.24renewal.
3.25 Sec. 4. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
3.26a subdivision to read:
3.27 Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
3.28of a sanction under this section, other than for a temporary suspension, the commissioner
3.29shall request assignment of an administrative law judge. The commissioner's request must
3.30include a proposed date, time, and place of hearing. A hearing must be conducted by an
3.31administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
3.32within 90 calendar days of the request for assignment, unless an extension is requested by
3.33either party and granted by the administrative law judge for good cause or for purposes of
4.1discussing settlement. In no case shall one or more extensions be granted for a total of
4.2more than 90 calendar days unless there is a criminal action pending against the licensee.
4.3If, while a licensee continues to operate pending an appeal of an order for revocation,
4.4suspension, or refusal to renew a license, the commissioner identifies one or more new
4.5violations of law that meet the requirements of level 3 or 4 violations as defined in section
4.6144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
4.7temporarily suspend the license under the provisions in subdivision 3.
4.8EFFECTIVE DATE.This section is effective for appeals received on or after
4.9August 1, 2014.
4.10 Sec. 5. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
4.11a subdivision to read:
4.12 Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
4.13days of receipt of the license holder's timely appeal of a temporary suspension, the
4.14commissioner shall request assignment of an administrative law judge. The request must
4.15include a proposed date, time, and place of a hearing. A hearing must be conducted by an
4.16administrative law judge within 30 calendar days of the request for assignment, unless
4.17an extension is requested by either party and granted by the administrative law judge
4.18for good cause. The commissioner shall issue a notice of hearing by certified mail or
4.19personal service at least ten business days before the hearing. Certified mail to the last
4.20known address is sufficient. The scope of the hearing shall be limited solely to the issue of
4.21whether the temporary suspension should remain in effect and whether there is sufficient
4.22evidence to conclude that the licensee's actions or failure to comply with applicable laws
4.23are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
4.24(b) The administrative law judge shall issue findings of fact, conclusions, and a
4.25recommendation within ten business days from the date of hearing. The parties shall have
4.26ten calendar days to submit exceptions to the administrative law judge's report. The
4.27record shall close at the end of the ten-day period for submission of exceptions. The
4.28commissioner's final order shall be issued within ten business days from the close of the
4.29record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
4.30the commissioner shall issue a final order affirming the temporary immediate suspension
4.31within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
4.32license holder is prohibited from operation during the temporary suspension period.
4.33(c) When the final order under paragraph (b) affirms an immediate suspension, and a
4.34final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
5.1sanction, the licensee is prohibited from operation pending a final commissioner's order
5.2after the contested case hearing conducted under chapter 14.
5.3EFFECTIVE DATE.This section is effective August 1, 2014.
1.3compliance monitoring;amending Minnesota Statutes 2013 Supplement, sections
1.4144A.474, subdivisions 8, 12; 144A.475, subdivision 3, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
1.7is amended to read:
1.8 Subd. 8. Correction orders. (a) A correction order may be issued whenever the
1.9commissioner finds upon survey or during a complaint investigation that a home care
1.10provider, a managerial official, or an employee of the provider is not in compliance with
1.11sections
1.12document areas of noncompliance and the time allowed for correction.
1.13(b) The commissioner shall mail copies of any correction order
1.14
1.15electronically scan the correction order and e-mail it to the last known home care provider
1.16e-mail address, within 30 calendar days after the survey exit date. A copy of each
1.17correction order and copies of any documentation supplied to the commissioner shall be
1.18kept on file by the home care provider, and public documents shall be made available for
1.19viewing by any person upon request. Copies may be kept electronically.
1.20(c) By the correction order date, the home care provider must document in the
1.21provider's records any action taken to comply with the correction order. The commissioner
1.22may request a copy of this documentation and the home care provider's action to respond
1.23to the correction order in future surveys, upon a complaint investigation, and as otherwise
1.24needed.
2.1EFFECTIVE DATE.This section is effective August 1, 2014, and for current
2.2licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
2.3 Sec. 2. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
2.4is amended to read:
2.5 Subd. 12. Reconsideration. (a) The commissioner shall make available to home
2.6care providers a correction order reconsideration process. This process may be used
2.7to challenge the correction order issued, including the level and scope described in
2.8subdivision 11, and any fine assessed. During the correction order reconsideration
2.9request, the issuance for the correction orders under reconsideration are not stayed, but
2.10the department shall post information on the Web site with the correction order that the
2.11licensee has requested a reconsideration and that the review is pending.
2.12(b) A licensed home care provider may request from the commissioner, in writing,
2.13a correction order reconsideration regarding any correction order issued to the provider.
2.14 The written request for reconsideration must be received by the commissioner within 15
2.15calendar days of the correction order receipt date. The correction order reconsideration shall
2.16not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
2.17or reviewing of the correction order being disputed. The correction order reconsiderations
2.18may be conducted in person, by telephone, by another electronic form, or in writing, as
2.19determined by the commissioner. The commissioner shall respond in writing to the request
2.20from a home care provider for a correction order reconsideration within 60 days of the
2.21date the provider requests a reconsideration. The commissioner's response shall identify
2.22the commissioner's decision regarding each citation challenged by the home care provider.
2.23(c) The findings of a correction order reconsideration process shall be one or more of
2.24the following:
2.25(1) supported in full, the correction order is supported in full, with no deletion of
2.26findings to the citation;
2.27(2) supported in substance, the correction order is supported, but one or more
2.28findings are deleted or modified without any change in the citation;
2.29(3) correction order cited an incorrect home care licensing requirement, the correction
2.30order is amended by changing the correction order to the appropriate statutory reference;
2.31(4) correction order was issued under an incorrect citation, the correction order is
2.32amended to be issued under the more appropriate correction order citation;
2.33(5) the correction order is rescinded;
2.34(6) fine is amended, it is determined that the fine assigned to the correction order
2.35was applied incorrectly; or
3.1(7) the level or scope of the citation is modified based on the reconsideration.
3.2(d) If the correction order findings are changed by the commissioner, the
3.3commissioner shall update the correction order Web site.
3.4(e) This subdivision does not apply to temporary licensees.
3.5EFFECTIVE DATE.This section is effective August 1, 2014, and for current
3.6licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.
3.7 Sec. 3. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3, is
3.8amended to read:
3.9 Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
3.10the home care provider shall be entitled to notice and a hearing as provided by sections
3.12without a prior contested case hearing, temporarily suspend a license or prohibit delivery
3.13of services by a provider for not more than 90 days if the commissioner determines that
3.14
3.15as defined in section 144A.474, subdivision 11, paragraph (b), provided:
3.16(1) advance notice is given to the home care provider;
3.17(2) after notice, the home care provider fails to correct the problem;
3.18(3) the commissioner has reason to believe that other administrative remedies are not
3.19likely to be effective; and
3.20(4) there is an opportunity for a contested case hearing within the
3.21there is an extension granted by an administrative law judge pursuant to subdivision 3b.
3.22EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
3.23and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
3.24renewal.
3.25 Sec. 4. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
3.26a subdivision to read:
3.27 Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
3.28of a sanction under this section, other than for a temporary suspension, the commissioner
3.29shall request assignment of an administrative law judge. The commissioner's request must
3.30include a proposed date, time, and place of hearing. A hearing must be conducted by an
3.31administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
3.32within 90 calendar days of the request for assignment, unless an extension is requested by
3.33either party and granted by the administrative law judge for good cause or for purposes of
4.1discussing settlement. In no case shall one or more extensions be granted for a total of
4.2more than 90 calendar days unless there is a criminal action pending against the licensee.
4.3If, while a licensee continues to operate pending an appeal of an order for revocation,
4.4suspension, or refusal to renew a license, the commissioner identifies one or more new
4.5violations of law that meet the requirements of level 3 or 4 violations as defined in section
4.6144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
4.7temporarily suspend the license under the provisions in subdivision 3.
4.8EFFECTIVE DATE.This section is effective for appeals received on or after
4.9August 1, 2014.
4.10 Sec. 5. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by adding
4.11a subdivision to read:
4.12 Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
4.13days of receipt of the license holder's timely appeal of a temporary suspension, the
4.14commissioner shall request assignment of an administrative law judge. The request must
4.15include a proposed date, time, and place of a hearing. A hearing must be conducted by an
4.16administrative law judge within 30 calendar days of the request for assignment, unless
4.17an extension is requested by either party and granted by the administrative law judge
4.18for good cause. The commissioner shall issue a notice of hearing by certified mail or
4.19personal service at least ten business days before the hearing. Certified mail to the last
4.20known address is sufficient. The scope of the hearing shall be limited solely to the issue of
4.21whether the temporary suspension should remain in effect and whether there is sufficient
4.22evidence to conclude that the licensee's actions or failure to comply with applicable laws
4.23are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
4.24(b) The administrative law judge shall issue findings of fact, conclusions, and a
4.25recommendation within ten business days from the date of hearing. The parties shall have
4.26ten calendar days to submit exceptions to the administrative law judge's report. The
4.27record shall close at the end of the ten-day period for submission of exceptions. The
4.28commissioner's final order shall be issued within ten business days from the close of the
4.29record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
4.30the commissioner shall issue a final order affirming the temporary immediate suspension
4.31within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
4.32license holder is prohibited from operation during the temporary suspension period.
4.33(c) When the final order under paragraph (b) affirms an immediate suspension, and a
4.34final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
5.1sanction, the licensee is prohibited from operation pending a final commissioner's order
5.2after the contested case hearing conducted under chapter 14.
5.3EFFECTIVE DATE.This section is effective August 1, 2014.
