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S.F. No. 2475 - Statewide Trauma System, Home Care, Hearing Instrument Dispensers and Food Beverage and Lodging Establishments Provisions Modifications - Judiciary Issues
 
Author: Senator Kathy Sheran
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: March 21, 2016



 

Section 4 (144A.475, subdivision 3 – Notice) modifies the requirement that the commissioner provide notice to a home care licensee before immediately temporarily suspending a home care license.

Paragraph (a) - If the commissioner determines that a violation harmed a client’s health or safety, but did not, nor had the potential to, cause serious injury, impairment, or death, then the commissioner may not immediately temporarily suspend a home care license.  Instead, the current notice of temporary suspension requirements and opportunity to correct the violation still hold. 

Paragraph (b) - If the commissioner determines that a violation caused, or had the potential to cause, serious injury, impairment, or death, then the commissioner may immediately temporarily suspend a license without giving notice or providing a licensee the opportunity to correct the violation.

Section 5 (144A.475, subdivision 3b – Temporary suspension expedited hearing) clarifies that a licensee whose license is temporarily suspended, even if that suspension in under appeal, must comply with the requirements under Minnesota Statutes, section 144A.475, subdivision 5, to plan for transferring clients to another provider, to notify clients of the pending transfer, and cooperate with the transfer clients.

Section 6 [144A.475, subdivision 3c – Immediate temporary suspension]

Paragraph (a) permits the commissioner to immediately temporarily suspend a home care license if the commissioner determines that a violation caused, or had the potential to cause, serious injury, impairment, or death.

Paragraph (b) specifies the commissioner’s duty with respect to informing the licensee of an immediate temporary suspension and of the licensee’s rights of appeal. Paragraph (b) also specifies the requirements for appealing an immediate temporary suspension.

Paragraph (c) clarifies that a licensee whose license is immediately temporarily suspended, even if that suspension in under appeal, must comply with the requirements under section 144A.475, subdivision 5, to plan for transferring clients to another provider, to notify clients of the pending transfer, and cooperate with the transfer clients.

Section 12 (153A.15, subdivision 2a - Hearings) specifies that the notice of disciplinary action taken against a hearing aid dispenser may be made personally or by certified mail. 

 
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