Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2461 - Home Care Provider Licensing
 
Author: Senator Melisa Franzen
 
Prepared By:
 
Date: March 16, 2014



 

Section 1 (144A.474, subdivision 12) requires written request for a correction order reconsideration by a home care provider to be received by the Department of Health (MDH) within 15 calendar days of the correction order issuance date. This section is effective for current licensees as of December 31, 2013, upon renewal (on or after July 1, 2014) and effective August 1, 2014, for licensees as of January 1, 2014.

Section 2 (144A.475, subdivision 3) specifies that MDH may temporarily suspend a home care license for up to 90 days if a provider commits a Level 3 (harm to a client’s health or safety) or Level 4 (serious injury, impairment, or death) violation, and changes the contested case timeline from 90 days to 30 days, with an extension allowed by an administrative law judge (ALJ). This section is effective for current licensees as of December 31, 2013, upon renewal (on or after July 1, 2014) and effective August 1, 2014, for licensees as of January 1, 2014.

Section 3 (144A.475) adds a new subdivision requiring MDH to request an assignment of an ALJ, with a proposed date, time, and place, within 15 business days of receiving a licensee’s enforcement sanction appeal request; requires the hearing before an ALJ to occur within 90 days of the assignment request, with an extension allowed from the ALJ for up to an additional 90 days (or more if a criminal action is pending against the licensee); requires MDH to immediately temporarily suspend a license if Level 3 or 4 violations are identified while the licensee continues to operate pending the appeal. This section is effective for appeals received on or after August 1, 2014.

Section 4 (144A.475) adds a new subdivision creating a temporary suspension expedited hearing process, effective August 1, 2014.

Paragraph (a) requires MDH to request an assignment of an ALJ, with a proposed date, time, and place, within five business days of receiving a licensee’s temporary suspension appeal request; requires the hearing before an ALJ to occur within 30 days of the assignment request, with an extension allowed from an ALJ; requires MDH to issue the notice by certified mail or personal service at least ten business days before the hearing; and limits the scope of the ALJ hearing.

Paragraph (b) requires the ALJ to issue findings of fact, conclusions, and a recommendation within ten business days of the hearing, with the parties having ten calendar days after the issuance to submit exceptions to the ALJ’s findings, conclusions, or recommendation; requires MDH to issue a final order after the ten-day exceptions period ends within ten calendar days; and outlines MDH and the home care provider requirements if the appeal is withdrawn or dismissed.

Paragraph (c) prohibits a home care provider from operating during the suspension period, pending a final order after a contested case hearing, if an ALJ affirms the temporary suspension under paragraph (b) and the home care provider appeals the affirmation.

DL/rdr

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/16/2014
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn