Licensee Requirements for Operators of Nursing Homes

Nursing Home Licensee Rules and Requirements
Nursing Home Licensee Rules and Requirements

Nursing Home Licensee Requirements

Pursuant to Minnesota Administrative Rules, 4658.0050 LICENSEE. Subpart 1. General duties. The licensee of a nursing home is responsible for its management, control, and operation. A nursing home must be managed, controlled, and operated in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.

Subp. 2. Specific duties. The licensee must develop written bylaws or policies for the management and operation of the nursing home and for the provision of resident care, which must be available to all members of the governing body, and must assume legal responsibility for matters under its control, for the quality of care rendered and for compliance with laws and rules relating to the safety and sanitation of nursing homes, or which otherwise relate directly to the health, welfare, and care of residents.

Responsibilities for Minnesota Nursing Home Licensee

Subp. 3. Responsibilities. A licensee is responsible for the duties in items A to F.

A. Full disclosure of each person having an interest of ten percent or more of the ownership of the home to the department with any change reported in writing within 14 days after the licensee knew of or should have known of the transfer, whichever occurs first. In case of corporate ownership, the name and address of each officer and director must be specified. If the home is organized as a partnership, the name and address of each partner must be furnished. In the case of a home operated by a lessee, the persons or business entities having an interest in the lessee organization must be reported and an executed copy of the lease agreement furnished. If the home is operated by the holder of a franchise, disclosure must be made as to the franchise holder who must also furnish an executed copy of the franchise agreement.

B. Appointment of a licensed nursing home administrator who is responsible for the operation of the home in accordance with law and established policies and whose authority to serve as administrator is delegated in writing.

C. Notification of the termination of service of the administrator and the appointment of a replacement within five working days in writing to the department. If a licensed nursing home administrator is not available to assume the position immediately, notification to the department must include the name of the person temporarily in charge of the home. The governing body of a nursing home must not employ an individual as the permanent administrator until it is determined that the individual qualifies for licensure as a nursing home administrator in Minnesota under Minnesota Statutes, section 144A.04. The governing body of the nursing home must not employ an individual as an acting administrator or person temporarily in charge for more than 30 days unless that individual has secured an acting administrator license, as required by Minnesota Statutes, section 144A.27.

D. Provision of an adequate and competent staff and maintenance of professional standards in the care of residents and operation of the nursing home.

E. Provision of facilities, equipment, and supplies for care consistent with the needs of the residents.

F. Provision of evidence of adequate financing, proper administration of funds, and the maintenance of required statistics. A nursing home must have financial resources at the time of initial licensure to permit full service operation of the nursing home for six months without regard to income from resident fees.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about Minnesota nursing home licensee requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

Facebooktwitterredditpinterestlinkedinmail

Violation Rules for Minnesota Nursing Homes

Rules for Violation of Nursing Home Regulations
Rules for Violation of Nursing Home Regulations

Regulations for Violation of Minnesota Nursing Homes

Pursuant to Minnesota Administrative Rule 4658.0045 PENALTIES FOR LICENSING RULE VIOLATIONS, penalty assessments will be assessed on a daily basis for violations of parts 4658.0010 to 4658.0035 and are as follows:

Rules Setting Forth When Violation of Minnesota Regulations for Nursing Homes

A. part 4658.0020, subparts 1, 2, and 3, $250;

B. part 4658.0020, subparts 4 and 5, $50;

C. part 4658.0025, $250;

D. part 4658.0030, $100; and

E. part 4658.0035, $100.

Federal requirements specify that each NF must provide, (and residents may not be charged for), at least:

Nursing and Pharmaceutical services (with assurance of accurate acquiring, receiving, dispensing, and administering of drugs and biologicals)

Dietary services individualized to the needs of each resident

Professionally directed program of activities to meet the interests and needs d related services

Specialized rehabilitative services (treatment and services required by residents with mental illness or intellectual disability, not provided or arranged for by the state)

Medically-related social servicesfor well being of each resident

Emergency dental services (and routine dental services to the extent covered under the state plan)

Room and bed maintenance services

Routine personal hygiene items and services

Residents may be charged for:

Private room, unless medically needed

Specially prepared food, beyond that generally prepared by the facility

Telephone, television, radio

Personal comfort items including tobacco products and confections

Cosmetic and grooming items and services in excess of those included in the basic service

Personal clothing

Personal reading materials

Gifts purchased on behalf of a resident

Flowers and plants

Social events and activities beyond the activity program

Special care services not included in the facility’s Medicaid payment

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home licensing violation requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

Facebooktwitterredditpinterestlinkedinmail

Variance and Waiver Requirements for Minnesota Nursing Homes

Minnesota Nursing Home Variance and Waiver Rules
Minnesota Nursing Home Variance and Waiver Rules

Nursing Home Variance and Waiver Rules in Minnesota

According to Minnesota Administrative Rules 4658.0040 VARIANCE AND WAIVER, Subpart 1., request for variance or waiver. A nursing home may request that the department grant a waiver from the provisions of this chapter. A request for a variance or waiver must be submitted to the department in writing. Each request must contain:

A. the specific part or parts for which the variance or waiver is requested;

B. the reasons for the request;

C. the alternative measures that will be taken if a variance or waiver is granted;

D. the length of time for which the variance or waiver is requested; and

E. other relevant information necessary to properly evaluate the request for the variance or waiver.

Subp. 2. Criteria for evaluation. The decision to grant or deny a waiver must be based on the department’s evaluation of the following criteria:

A. whether the variance or waiver adversely affects the health, treatment, comfort, safety, or well-being of a resident;

B. whether the alternative measures to be taken, if any, are equivalent to or superior to those prescribed in this chapter; and

C. whether compliance with the part or parts would impose an undue burden upon the applicant.

Notice of Variance and Waiver Requirements

Subp. 3. Notification of variance. The department must notify the applicant in writing of its decision. If a variance or waiver is granted, the notification must specify the period of time for which the variance or waiver is effective and the alternative measures or conditions, if any, to be met by the applicant.

Subp. 4. Effect of alternative measures or conditions. Alternative measures or conditions attached to a variance or waiver have the force and effect of this chapter and are subject to the issuance of correction orders and penalty assessments in accordance with Minnesota Statutes, section 144A.10. The amount of fines for a violation of this part is that specified for the particular rule for which the variance or waiver was requested.

Subp. 5. Renewal. A request for the renewal of a variance or waiver must be submitted in writing at least 45 days before its expiration date. Renewal requests must contain the information specified in subpart 1. A variance or waiver must be renewed by the department if the applicant continues to satisfy the criteria in subparts 2 and 3, and demonstrates compliance with the alternative measures or conditions imposed at the time the original variance or waiver was granted.

Subp. 6. Denial, revocation, or refusal to renew. The department must deny, revoke, or refuse to renew a variance or waiver if it is determined that the criteria in subparts 2 and 3 are not met. The applicant must be notified in writing of the reasons for the decision and informed of the right to appeal the decision.

Subp. 7. Appeal procedure. An applicant may contest the denial, revocation, or refusal to renew a variance or waiver by requesting a contested case hearing under Minnesota Statutes, chapter 14. The applicant must submit, within 15 days of the receipt of the department’s decision, a written request for a hearing. The request for hearing must set forth in detail the reasons why the applicant contends the decision of the department should be reversed or modified. At the hearing, the applicant has the burden of proving that it satisfied the criteria specified in subparts 2 and 3, except in a proceeding challenging the revocation of a variance or waiver.

According to Minnesota Administrative Rule 4658.0015, COMPLIANCE WITH REGULATIONS AND STANDARDS, a nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

According to 4658.0020 LICENSING IN GENERAL, Subpart 1., a state license is required for a facility where nursing home care is provided for five or more aged or infirm persons who are not acutely ill.

Subp. 2. License fees. Each application for either an initial or renewal license to operate a nursing home must be accompanied by a fee based upon the formula as provided by Minnesota Statutes, section 144.122. A bed must be licensed if it is available for use by residents. If the number of licensed beds is increased during the term of the license, a full year’s fee for each additional bed must be paid. There is no refund for a decrease in licensed beds.

Subp. 3. License expiration date. Initial and renewal licenses are issued for one year and expire on the anniversary date of issuance. A license renewal must be applied for on an annual basis.

Subp. 4. License to be posted. The license must be posted at the main entrance of a nursing home.

Subp. 5. Separate licenses. Separate licenses are required for institutions maintained on separate, noncontiguous premises even though operated under the same management. A separate license is not required for separate buildings maintained by the same owner on the same premises.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home licensing requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

Facebooktwitterredditpinterestlinkedinmail

Evaluation Requirements in Minnesota Nursing Homes

Minnesota Nursing Homes Must Undergo Evaluation of Services and Care
Minnesota Nursing Homes Must Undergo Evaluation of Services and Care

Minnesota Nursing Home Evaluation Regulations

According to Minnesota Administrative Rule 4658.0035 EVALUATION, a nursing home is subject to evaluation and approval by the department of the nursing home’s physical plant and its operational aspects before a change in ownership, classification, capacity, or an addition of services which necessitates a change in the nursing home’s physical plant.

Evaluation Including Many Issues Including..

The nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. Minnesota Rule 4658.0405, Subpart 1, requires that “a nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400”. The comprehensive plan of care must be developed by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, their legal guardian or chosen representative.

It is important that there is an established baseline of the medical condition of the resident upon admission to the facility; this is generally completed in the admission process where the doctor’s orders for the resident as well as the assessments of the relevant risks and needs are compiled into the resident’s care plan. The care plan can then be compared and contrasted with the care and treatment as actually provided and documented in the medical records/chart of the resident.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about nursing home evaluation and licensing requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

Facebooktwitterredditpinterestlinkedinmail

Capacity Regulations for Minnesota Nursing Homes

Nursing Home Bed Capacity in Minnesota
Nursing Home Bed Capacity in Minnesota

Minnesota Nursing Home Capacity Requirements

According to Minnesota Administrative Rule 4658.0030 CAPACITY PRESCRIBED, each license must specify the maximum allowable number of residents to be cared for at any one time. No number of residents in excess of that number may reside in the nursing home. The maximum number of licensed beds is determined by the amount of space that is available in the facility as specified in chapter 4660.

Information on Facilities and Capacity

PATIENT OR RESIDENT AREAS
4660.3400
BEDROOM CAPACITIES, NEW CONSTRUCTION.
4660.3410
LOCATION OF BEDROOMS, EXISTING AND NEW.
4660.3420
USABLE FLOOR AREA.
4660.3430
BED ARRANGEMENT.
4660.3440
WINDOWS, NEW CONSTRUCTION.
4660.3450
BEDROOM DOORS, NEW CONSTRUCTION.
4660.3460
CLOTHES CLOSET.
4660.3470
CUBICLE CURTAINS, EXISTING AND NEW.
4660.3500
CORRIDORS, NEW CONSTRUCTION.
4660.3600
ATTENDANTS’ STATION.
4660.3700
CLEAN LINEN STORAGE, EXISTING AND NEW.
4660.3800
NOURISHMENT AREA, NEW CONSTRUCTION.
4660.3900
SANITARY FIXTURES.
4660.4000
PROVISION OF RESIDENT TOILET ROOMS, NEW CONSTRUCTION.
4660.4100
TOILET ROOM LAYOUT, NEW CONSTRUCTION.
4660.4110
RESIDENT TOILET-BATH COMBINATIONS.
4660.4120
CENTRAL BATHING AREA.
4660.4200
STORAGE ROOM, NEW CONSTRUCTION.
4660.4300
JANITOR’S CLOSET, NEW CONSTRUCTION.
4660.4400
DRINKING FOUNTAINS, NEW CONSTRUCTION.
4660.4500
ROOM NUMBERING, EXISTING AND NEW.
4660.4600
STAFF HOUSING, EXISTING AND NEW.
4660.4700
MECHANICAL AND ELECTRICAL SYSTEMS, EXISTING AND NEW.

Common areas of cases I see include:  Falls from Beds, Hoyer Lifts and in the Bathroom; Sexual Abuse; Medication Errors and Others.  STOP ELDER ABUSE AND NEGLECT!

For more information about resident capacity and facility requirements or other questions about elder abuse and neglect contact Nursing Home Neglect Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore @ MNnursinghomeneglect.com.

Facebooktwitterredditpinterestlinkedinmail