Minnesota Home Care Service Plan Requirements
Pursuant to Minnesota Statute 144A.4791, Subd. 9., service plan, implementation, and revisions to service plan. (a) No later than 14 days after the initiation of services, a home care provider shall finalize a current written service plan.
(b) The service plan and any revisions must include a signature or other authentication by the home care provider and by the client or the client’s representative documenting agreement on the services to be provided. The service plan must be revised, if needed, based on client review or reassessment under subdivisions 7 and 8. The provider must provide information to the client about changes to the provider’s fee for services and how to contact the Office of the Ombudsman for Long-Term Care.
(c) The home care provider must implement and provide all services required by the current service plan.
(d) The service plan and revised service plan must be entered into the client’s record, including notice of a change in a client’s fees when applicable.
(e) Staff providing home care services must be informed of the current written service plan.
(f) The service plan must include:
(1) a description of the home care services to be provided, the fees for services, and the frequency of each service, according to the client’s current review or assessment and client preferences;
(2) the identification of the staff or categories of staff who will provide the services;
(3) the schedule and methods of monitoring reviews or assessments of the client;
(4) the frequency of sessions of supervision of staff and type of personnel who will supervise staff; and
(5) a contingency plan that includes:
(i) the action to be taken by the home care provider and by the client or client’s representative if the scheduled service cannot be provided;
(ii) information and a method for a client or client’s representative to contact the home care provider;
(iii) names and contact information of persons the client wishes to have notified in an emergency or if there is a significant adverse change in the client’s condition, including identification of and information as to who has authority to sign for the client in an emergency; and
(iv) the circumstances in which emergency medical services are not to be summoned consistent with chapters 145B and 145C, and declarations made by the client under those chapters.
Termination of Home Care Service Plan
Subd. 10. Termination of service plan. (a) If a home care provider terminates a service plan with a client, and the client continues to need home care services, the home care provider shall provide the client and the client’s representative, if any, with a written notice of termination which includes the following information:
(1) the effective date of termination;
(2) the reason for termination;
(3) a list of known licensed home care providers in the client’s immediate geographic area;
(4) a statement that the home care provider will participate in a coordinated transfer of care of the client to another home care provider, health care provider, or caregiver, as required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);
(5) the name and contact information of a person employed by the home care provider with whom the client may discuss the notice of termination; and
(6) if applicable, a statement that the notice of termination of home care services does not constitute notice of termination of the housing with services contract with a housing with services establishment.
(b) When the home care provider voluntarily discontinues services to all clients, the home care provider must notify the commissioner, lead agencies, and ombudsman for long-term care about its clients and comply with the requirements in this subdivision.
Nursing Home Abuse and Neglect Attorney Kenneth LaBore has decades of experience and handles the following types of elder abuse claims and others:
Dehydration
Infectious Disease
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