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S.F. No. 971 - Home Care Providers Provisions Modifications
Author: Senator Jerry Relph
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
Date: March 5, 2019


Section 1 (144A.43, subdivision 11) modifies the definition of “medication administration.”

Section 2 (144A.43, subdivision 12a) adds a new definition for “medication reconciliation.”

Section 3 (144A.43, subdivision 27) replaces the term “service plan” with “service agreement.” Conforming changes appear throughout the bill.

Section 4 (144A.43, subdivision 30) modifies the definition of “standby assistance.”

Section 5 (144A.472, subdivision 5, paragraph (a)) clarifies the meaning of a change of ownership.

Paragraphs (b) and (c) clarify that when a change of ownership occurs, employees who are continuously employed in the same capacity during the transition are not required to repeat various training, testing, and background studies, unless the new owner adopts new policies and procedures.

Section 6 (144A.472, subdivision 7) imposes a new $1,000 fee on a home care provider with a temporary license who fails to notify the commissioner within five days that the provider has begun to provide service to clients.

Section 7 (144A.473, subdivisions 1 to 3) allows temporary licenses to be extended for up to an additional 90 days while the temporary licensee tries to come into compliance with the home care licensing requirements.

Subdivision 2, paragraph (b), requires an initial survey to be completed within 90 days of the provider beginning to provide services.

Subdivision 3, paragraph (e), also specifies limited circumstances under which a home care provider whose license was denied can continue to operate.

Section 8 (144A.474, subdivision 2) adds a definition of “change of ownership survey" and makes conforming changes.

Section 9 (144A.475, subdivision 1) makes conforming changes.

Section 10 (144A.475, subdivision 2) clarifies that a home care provider whose license is suspended or conditional may continue to provide services to clients while clients are transferred to other providers.

Section 11 (144A.475, subdivision 5) allows a provider with a suspended or revoked license to continue operating while its clients are transferred to other providers.

Sections 12 and 13 (144A.476, subdivision 1; 144A.479, subdivision 7) make conforming changes.

Sections 14 to 19 make conforming changes, clarify the meaning of “initiation of services,” and require disclosure regarding how staff will be supervised.

Section 20 (144A.4792, subdivision 1) requires home care providers that store controlled substances to have policies and procedures to ensure the security of those substances within state and federal requirements.

Section 21 (144A.4792, subdivision 2) requires any assessment for medication management services to include providing a client with instructions on how to manage medications and prevent medication diversion.

Section 22 (144A.4792, subdivision 5) makes conforming changes and requires medication reconciliation to be completed whenever medication management services are provided.

Section 23 (144A.4792, subdivision 10) modifies the medication management standards when a client is away from home.

Section 24 (144A.4793, subdivision 6) clarifies the required elements of a treatment or therapy order and requires such orders to be renewed at least every 12 months.

Section 25 (144A.4796, subdivision 2) clarifies which policies and procedures must be reviewed during an employee’s orientation.

Section 26 (144A.4797, subdivision 3) clarifies the timeline for required supervision of staff performing delegated tasks.

Section 27 (144A.4798) modifies, clarifies, and updates the requirements for home care providers’ infection control programs.

Sections 28 and 29 (144A.4799, subdivision 1; 144A.4799, subdivision 3) modify the membership and duties of the Home Care and Assisted Living Program Advisory Council.

Section 30 (144A.484, subdivision 1) deletes obsolete language.

Section 31 (Revisor’s Instruction) directs the Revisor of Statutes to modify terms in specified statutes.

Section 32 repeals obsolete provisions regarding tuberculosis prevention and control, and the transition to a new licensing structure for home care providers.

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