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.
