Minnesota · statute · Minn. Stat. ch. 144A · 91 active provisions
Subdivision 1. Scope. For the purposes of sections 144A.01 to 144A.27, the terms defined in this section have the meanings given them. Subd. 2. Commissioner of health. "Commissioner of health" means the state commissioner of health established by section 144.011. Subd. 3. Board of Executives for Long Term Services and…
Subdivision 1. License required. No facility shall be used as a nursing home to provide nursing care unless the facility has been licensed as a nursing home. The commissioner of health may license a facility as a nursing home if the facility meets the criteria established by sections 144A.02 to 144A.10, and the rules p…
Subdivision 1. Form; requirements. (a) The commissioner of health by rule shall establish forms and procedures for the processing of nursing home license applications. (b) An application for a nursing home license shall include: (1) the business name and legal entity name of the licensee; (2) the street address, mailin…
(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 viol…
Subdivision 1. Compliance required. No nursing home license shall be issued to a facility unless the commissioner of health determines that the facility complies with the requirements of this section. Subd. 2. Application. The controlling persons of the facility must comply with the application requirements specified b…
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…
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…
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 Direct Care and Treatment executive board for the licensing of state institutions, shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to s…
Subdivision 1. Findings. The legislature declares that a moratorium on the licensure and medical assistance certification of new nursing home beds and construction projects that exceed $1,000,000 is necessary to control nursing home expenditure growth and enable the state to meet the needs of its elderly by providing h…
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them. (a) "Conversion" means the relocation of a nursing home bed from a nursing home to an attached hospital. (b) "Relocation" means the movement of licensed nursing home beds or certified boarding care beds. (c) "Ren…
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. Corrido…
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…
Subdivision 1. Enforcement authority. The commissioner of health is the exclusive state agency charged with the responsibility and duty of inspecting all facilities required to be licensed under section 144A.02. The commissioner of health shall enforce the rules established pursuant to sections 144A.01 to 144A.155, sub…
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 dr…
(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 upo…
Subdivision 1. Circumstances for suspensions. The commissioner of health may suspend admissions to a nursing home or certified boarding care home when: (1) the commissioner has issued a penalty assessment or the nursing home has a repeated violation for noncompliance with section 144A.04, subdivision 7; (2) the commiss…
Subdivision 1. Optional proceedings. The commissioner of health may institute proceedings to suspend or revoke a nursing home license, or may refuse to grant or renew the license of a nursing home if any action by a controlling person or employee of the nursing home: (1) violates any of the provisions of sections 144A.…
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 requir…
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 enga…
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 admi…
(a) The commissioner shall establish a mechanism for hearing appeals on transfers and discharges of residents by nursing homes or boarding care homes licensed by the commissioner. The commissioner may adopt permanent rules to implement this section. (b) Until federal regulations are adopted under sections 1819(f)(3) an…
Subdivision 1. Petition, notice. In addition to any other remedy provided by law, the commissioner of health may petition the district court in Ramsey or Hennepin County or in the district in which a nursing home or certified boarding care home is located for an order directing the controlling persons of the nursing ho…
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 determ…
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 viol…
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to subdivisions 2 to 10. (b) "Change in operations" means any alteration in operations which would require or encourage the relocation of residents. (c) "Closure" or "closing" means the cessation of operations of a facility. (d) "Contact informat…