Home Care Provider Law

Minnesota Nursing Home Administrator Regulations Minnesota Home Care Statutes The following are home care rules set forth in Minnesota Statute 144A: 144A.43 DEFINITIONS. 144A.44 HOME CARE BILL OF RIGHTS. 144A.45 REGULATION OF HOME CARE SERVICES. 144A.47 INFORMATION AND REFERRAL SERVICES Home Care Information FREQUENTLY ASKED QUESTIONS – ANSWERED BY STATE OF MINNESOTA HOME CARE BILL OF RIGHTS HOME CARE PROVIDER STATE SUVEY RESULTS OFFICE OF FACILITY COMPLAINTS – HOME CARE RESOURCES FOR HOME CARE PROVIDERS FROM STATE OF MINNESOTA FIND A HOME CARE PROVIDER REPORTING OF MALTREATMENT OF VULNERABLE ADULTS VULNERABLE ADULT ABUSE DEFINITIONS We are: Home Care Neglect Attorneys Home Health Care Group Home Neglect Attorneys With decades of experience handling cases on behalf of vulnerable adults throughout the state of Minnesota. Call 612-743-9048 now for a free consultation. Home Care Questions and Answers What are the costs if we do not obtain a recovery or settlement against a home care provider? Answer: We only charge fees and the related costs of recovery when our client receives a verdict or settlement in their favor. What are my rights as a home care client in Minnesota? Answer: Minnesota sets forth a home care bill of rights in Minnesota Statute 144A.44, which includes, in part: the right to receive written information, in plain language, about rights before receiving services, including what to do if rights are violated; the right to (2) receive care and services according to a suitable and up-to-date plan, and subject to accepted health care, medical or nursing standards and person-centered care, to take an active part in developing, modifying, and evaluating the plan and services; the right to be told before receiving services the type and disciplines of staff who will be providing the services, the frequency of visits proposed to be furnished, other choices that are available for addressing home care needs, and the potential consequences of refusing these services; the right to be told in advance of any recommended changes by the provider in the service plan and to take an active part in any decisions about changes to the service plan; the right to refuse services or treatment; the right to access the client’s own records and written information from those records in accordance with sections 144.291 to 144.298; the right to be served by people who are properly trained and competent to perform their duties; the right to be treated with courtesy and respect, and to have the client’s property treated with respect; and the right to be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act. Does Minnesota allow for “pain and suffering claims” in vulnerable adult abuse wrongful death case? Answer: There has historically not always been a claim for “pain and suffering” for the victim of neglect where the injuries result in their death. It was not until 2023 when Minn. Stat. § 573.02 was amended to add the claim “the recovery in the action is the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent’s death”, which includes pain and suffering. How can I learn if a home care provider has a past history of abuse or neglect to clients? Answer: The Minnesota Department of Health maintains a site to search for Health Care Provider Complaints. The site includes information about the complaints if they were substantiated as well as what measures were taken to improve the facility afterwards. How do I report suspected abuse or neglect against a home care provider? Answer: There is a Minnesota Adult Abuse Reporting Hotline Center (MAARC), which intakes elder abuse and neglect concerns and is answered 24 hours a day at 1-844-880-1574.

Pursuant to Minnesota Statute 144A.4795, HOME CARE PROVIDER RESPONSIBILITIES; STAFF, Subdivision 1., qualifications, training, and competency, all staff providing home care services must:

Pursuant to Minnesota Statute 144A.4794 CLIENT RECORD REQUIREMENTS, Subdivision 1., client record. (a) the home care provider must maintain records for each client for whom it is providing services

Pursuant to Minnesota Statute 144.471, Subd. 7., comprehensive home care license provider, home care services that may be provided with a comprehensive home care license include any of the basic home care services listed in subdivision 6, and one or more of the following:

Home Care Services Standards for Minnesota Pursuant to Minnesota Statute 144A.471 HOME CARE PROVIDER AND HOME CARE SERVICES, Subdivision 1. license required, a home care provider may not open, operate, manage, conduct, maintain, or advertise itself as a home care provider or provide home care services in Minnesota without a temporary or current home care provider license issued by the commissioner of health. Subd. 2. Determination of direct home care service. (a) “Direct home care service” means a home care service provided to a client by the home care provider or its employees, and not by contract. Factors that must be considered in determining whether an individual or a business entity provides at least one home care service directly include, but are not limited to, whether the individual or business entity: (1) has the right to control, and does control, the types of services provided; (2) has the right to control, and does control, when and how the services are provided; (3) establishes the charges; (4) collects fees from the clients or receives payment from third-party payers on the clients’ behalf; (5) pays individuals providing services compensation on an hourly, weekly, or similar basis; (6) treats the individuals providing services as employees for the purposes of payroll taxes and workers’ compensation insurance; and (7) holds itself out as a provider of home care services or acts in a manner that leads clients or potential clients to believe that it is a home care provider providing services. (b) None of the factors listed in this subdivision is solely determinative. Subd. 3. Determination of regularly engaged. (a) “Regularly engaged” means providing, or offering to provide, home care services as a regular part of a business. The following factors must be considered by the commissioner in determining whether an individual or a business entity is regularly engaged in providing home care services: (1) whether the individual or business entity states or otherwise promotes that the individual or business entity provides home care services; (2) whether persons receiving home care services constitute a substantial part of the individual’s or the business entity’s clientele; and (3) whether the home care services provided are other than occasional or incidental …. (b) None of the factors listed in this subdivision is solely determinative.. Subd. 4. Penalties for operating without license. A person involved in the management, operation, or control of a home care provider that operates without an appropriate license is guilty of a misdemeanor. This section does not apply to a person who has no legal authority to affect or change decisions related to the management, operation, or control of a home care provider. It is important that residents in any kind of care facility or setting are treated with dignity and respect. That their basic needs are met. When there is a change in the medical condition the provider assists in having the resident assessed. Perhaps also, determine if they are still an appropriate fit for that type of facility. There is a spectrum of care providers and as people age and their needs increase it’s important, they are properly placed to remain safe. Oftentimes injuries occur when activities of daily living are being performed such as eating, dressing, bathing and toileting. It is critical that all staff is properly trained on the correct way to perform transfers and assist individuals. Neglect is when a vulnerable persons and needs are not met oftentimes it’s quite obvious. An act against a vulnerable adult that constitutes a violation, an attempt to violate, or aiding and abetting a violation of laws. These laws are open against assault in the first degree, the use of drugs, criminal sexual conduct, conduct which is not accident or therapeutic. Abuse is also hitting, slapping, kicking, pinching, biting or corporal punishment of a vulnerable adult. Attorney Kenneth LaBore has over three decades of experience and handles the following types of elder abuse claims and others: For a Free Consultation to obtain information on how to hold negligent wrongdoers accountable from an experienced attorney contact Attorney Kenneth LaBore at 612-743-9048,  email: KLaBore@MNnursinghomeneglect.com. We Practice in the Following Areas Wrongful Death Wound Care Neglect Fall injury / Injuries Fractures Sexual Assault  Bed Sores / Pressure Ulcers Mechanical Patient Lift Injuries Medication Errors Physical Abuse Bowel Obstruction Wandering & Elopement Infectious Diseases (MRSA, C-Diff) Elder Burn Injuries Choking & Asphyxiation Clogged Trach & Breathing Tubes Urinary Infections & Sepsis Nursing Home Abuse  Suspicions

Assisted Living Definitions Home Care Provider Standards Pursuant to Minnesota Statute 144A.45 REGULATION OF HOME CARE SERVICES, Subdivision 1. regulations, the commissioner shall regulate home care providers pursuant to sections 144A.43 to 144A.482. The regulations shall include the following: (1) provisions to assure, to the extent possible, the health, safety, well-being, and appropriate treatment of persons who receive home care services while respecting a client’s autonomy and choice; (2) requirements that home care providers furnish the commissioner with specified information necessary to implement sections 144A.43 to 144A.482; (3) standards of training of home care provider personnel; (4) standards for provision of home care services; (5) standards for medication management; (6) standards for supervision of home care services; (7) standards for client evaluation or assessment; (8) requirements for the involvement of a client’s health care provider, the documentation of health care providers’ orders, if required, and the client’s service plan; (9) the maintenance of accurate, current client records; (10) the establishment of basic and comprehensive levels of licenses based on services provided; and (11) provisions to enforce these regulations and the home care bill of rights. Subd. 1a. [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 1b. [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 2. Regulatory functions. The commissioner shall: (1) license, survey, and monitor without advance notice, home care providers in accordance with sections 144A.43 to 144A.482; (2) survey every temporary licensee within one year of the temporary license issuance date subject to the temporary licensee providing home care services to a client or clients; (3) survey all licensed home care providers on an interval that will promote the health and safety of clients; (4) with the consent of the client, visit the home where services are being provided; (5) issue correction orders and assess civil penalties in accordance with section 144.653, subdivisions 5 to 8, for violations of sections 144A.43 to 144A.482; (6) take action as authorized in section 144A.475; and (7) take other action reasonably required to accomplish the purposes of sections 144A.43 to 144A.482. Subd. 3. [Repealed, 1997 c 113 s 22] Subd. 4. [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 5. [Repealed by amendment, 2013 c 108 art 11 s 9] Subd. 6. Home care providers; tuberculosis prevention and control. (a) A home care provider must establish and maintain a comprehensive tuberculosis infection control program according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in CDC’s Morbidity and Mortality Weekly Report (MMWR). This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers. The Department of Health shall provide technical assistance regarding implementation of the guidelines. (b) Written compliance with this subdivision must be maintained by the home care provider. We handle the following types of elder abuse claims:   Fall injury / Injuries Medication Errors Physical Abuse Infectious Disease Sexual Abuse Wandering & Elopement Infectious Diseases (MRSA, C-Diff) Elder Burn Injuries Choking & Asphyxiation Breathing Tube Care Urinary Infections & Sepsis Signs of Nursing Home Abuse Nursing Home Suspicions Patient Lift Injuries and Other Improper Use of Medical Equipment Wrongful Death For a Free Consultation to obtain information on how to hold negligent wrongdoers accountable from an experienced attorney contact Minneapolis Elder Abuse Neglect Attorney Kenneth LaBore at 612-743-9048,  email: KLaBore@MNnursinghomeneglect.com.