Bill to Revise Home Care Law Introduced

Posted on March 6, 2018 by Bobbie Guidry

Legislation amending the Home Care Law has been introduced this session. The bill was developed through a working group of the Minnesota Home Care Association, Care Providers of Minnesota, and LeadingAge Minnesota, with technical assistance provided through the Minnesota Department of Health (MDH). 

In addition to removing language that pertained to the transition period to the 2013 Home Care Law, highlights of the bill include: 

Definition Clarifications

• the term service “plan” is now consistently referred to as service “agreement,” as the intent is to have an agreement between the provider and consumer regarding what is being purchased and how it will be delivered;
• “standby-assistance” was clarified to state that minimal physical assistance is permitted, an issue in providing Basic Home Care Services. 

Change of Ownership

• An employee of the previous owner who will be employed by the new owner in a same or similar capacity shall be treated as if no change of employment occurred with respect to orientation, training, TB testing, back ground studies and competency testing and training on policies;
• Allow a new owner to train employees on policies that differ from the previous owner within 90 days after the change of ownership.
• Require a survey within six months for a change in ownership.

Temporary Agencies:

• Require a $1000 fine for temporary agencies who fail to comply with the requirement to notify MDH when they begin seeing clients. The intent with this provision is to expedite surveys by seeing temporary agencies early so to prevent or correct any issues.
• MDH would be required to survey a temporary agency within 90 days of receiving notice that the agency has begun to see clients. 

Other Highlights:

• Medication set-ups by Home Care agency staff allowed for “days away” was extended from five days to seven days.
• The “Employee Health Status” section is expanded to “Disease Prevention and Infection Control.”

We will monitor this legislation as it progresses this session. Watch Advantage for more details.