Minnesota Nursing Home Fines for Rule Violations
Fines. Pursuant to Minnesota Administrative Rule 4658.0190 PENALTIES FOR ADMINISTRATION AND OPERATIONS RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of parts 4658.0050 to 4658.0155.
According to Minnesota Administrative Rule 4658.0191 PENALTIES FOR VIOLATIONS OF RESIDENTS’ BILL OF RIGHTS. Penalty assessments for violations of Minnesota Statutes, section 144.651.
Statutory Penalties and Fines for Rule Violations
Pursuant to Minnesota Administrative Rule 4658.0192 NURSING HOME STATUTES; FINES. Penalty assessments for violations of Minnesota Statutes, chapter 144A, are as follows:
A. Minnesota Statutes, section 144A.04, subdivision 4, $100;
B. Minnesota Statutes, section 144A.04, subdivision 6, $100;
C. a $100 penalty assessment must be issued for a violation of those portions of Minnesota Statutes, section 144A.10, subdivision 3, which state: “A copy of each correction order and notice of noncompliance, and copies of any documentation supplied to the commissioner of health or the commissioner of human services under section 144A.03 or 144A.05 shall be kept on file at the nursing home and shall be made available for viewing by any person upon request. Except as otherwise provided by this subdivision, a copy of each correction order and notice of noncompliance received by the nursing home after its most recent inspection or reinspection shall be posted in a conspicuous and readily accessible place in the nursing home.” and “All correction orders and notices of noncompliance issued to a nursing home owned and operated by the state or political subdivision of the state shall be circulated and posted at the first public meeting of the governing body after the order or notice is issued. Confidential information protected by section 13.05 or 13.46 shall not be made available or posted as provided in this subdivision unless it may be made available or posted in a manner authorized by chapter 13.”;
D. Minnesota Statutes, section 144A.13, subdivision 1, $100;
E. except as noted in item F, a $100 penalty assessment must be issued for a violation of Minnesota Statutes, section 144A.13, subdivision 2;
F. a $250 penalty assessment must be issued for a violation of that portion of Minnesota Statutes, section 144A.13, subdivision 2, which states: “No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.”; and
G. Minnesota Statutes, section 144A.16, $100.
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 penalties and fines for violations of the rules and 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.