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 home care 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 to the provision of services other than home care services.
(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.
Nursing Home Abuse and Neglect Attorney Kenneth LaBore has decades of experience and handles the following types of elder abuse claims and others:
Dehydration
Malnutrition
Infectious Diseases (MRSA, C-Diff)
Violation of Resident Rights
Patient Lift Injuries and Other Improper Use of Medical Equipment
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 or Toll Free at 1-888-452-6589, email: KLaBore@MNnursinghomeneglect.com.