1.1.................... moves to amend H.F. No. 1276, the first engrossment, as follows:
1.2Page 9, after line 7, insert:
1.3 "Sec. 4. Minnesota Statutes 2008, section 144A.43, is amended by adding a subdivision
1.4to read:
1.5 Subd. 5. Medication reminder. "Medication reminder" means providing a verbal
1.6or visual reminder to a client to take medication. This includes bringing the medication
1.7to the client and providing liquids or nutrition to accompany medication that a client is
1.8self-administering."
1.9Page 10, delete section 5, and insert:
1.10 "Sec. 7.
[245B.031] ACCREDITATION, ALTERNATIVE INSPECTION, AND
1.11DEEMED COMPLIANCE.
1.12 Subdivision 1. Day training and habilitation or supported employment services
1.13programs; alternative inspection status. (a) A license holder providing day training and
1.14habilitation services or supported employment services according to this chapter, with a
1.15three-year accreditation from the Commission on Rehabilitation Facilities, that has had at
1.16least one on-site inspection by the commissioner following issuance of the initial license
1.17may request alternative inspection status under this section.
1.18 (b) The request for alternative inspection status must be made in the manner
1.19prescribed by the commissioner, and must include:
1.20 (1) a copy of the license holder's application to the Commission on Rehabilitation
1.21Facilities for accreditation;
1.22 (2) the most recent Commission on Rehabilitation Facilities accreditation survey
1.23report; and
1.24 (3) the most recent letter confirming the three-year accreditation and approval of the
1.25license holder's quality improvement plan.
1.26 Based on the request and the accompanying materials, the commissioner may
1.27approve alternative inspection status.
2.1 (c) Following approval of alternative inspection status, the commissioner may
2.2terminate the alternative inspection status or deny a subsequent alternative inspection
2.3status if the commissioner determines that any of the following conditions have occurred
2.4after approval of the alternative inspection process:
2.5 (1) the license holder has not maintained full three-year accreditation;
2.6 (2) the commissioner has substantiated maltreatment for which the license holder or
2.7facility is determined to be responsible during the three-year accreditation period; and
2.8 (3) during the three-year accreditation period, the license holder has been issued
2.9an order for conditional license, a fine, suspension, or license revocation that has not
2.10been reversed upon appeal.
2.11 (d) The commissioner's decision that the conditions for approval for the alternative
2.12licensing inspection status have not been met is final and not subject to appeal under the
2.13provisions of chapter 14.
2.14 Subd. 2. Programs with three-year accreditation, exempt from certain statutes.
2.15 (a) A license holder approved for alternative inspection status under this section is exempt
2.16from the requirements under:
2.17 (1) section 245B.04;
2.18 (2) section 245B.05, subdivisions 5 and 6;
2.19 (3) section 245B.06, subdivisions 1, 3, 4, 5, and 6; and
2.20 (4) section 245B.07, subdivisions 1, 4, and 6.
2.21 (b) Upon receipt of a complaint regarding a requirement under paragraph (a), the
2.22commissioner shall refer the complaint to the Commission on Rehabilitation Facilities for
2.23possible follow-up.
2.24 Subd. 3. Programs with three-year accreditation, deemed to be in compliance
2.25with nonexempt licensing requirements. (a) License holders approved for alternative
2.26inspection status under this section are required to maintain compliance with all licensing
2.27standards from which they are not exempt under subdivision 2, paragraph (a).
2.28 (b) License holders approved for alternative inspection status under this section shall
2.29be deemed to be in compliance with all nonexempt statutes, and the commissioner shall
2.30not perform routine licensing inspections.
2.31 (c) Upon receipt of a complaint regarding the services of a license holder approved
2.32for alternative inspection under this section that is not related to a licensing requirement
2.33from which the license holder is exempt under subdivision 2, the commissioner shall
2.34investigate the complaint and may take any action as provided under section 245A.06 or
2.35245A.07.
3.1 Subd. 4. Investigations of alleged maltreatment of minors or vulnerable adults.
3.2 Nothing in this section changes the commissioner's responsibilities to investigate alleged
3.3or suspected maltreatment of a minor under section 626.556 or vulnerable adult under
3.4section 626.557.
3.5 Subd. 5. Commissioner request to the Commission on Rehabilitation Facilities
3.6to expand accreditation survey. The commissioner shall submit a request to the
3.7Commission on Rehabilitation Facilities to routinely inspect for compliance with standards
3.8that are similar to the following nonexempt licensing requirements:
3.9 (1) section 245A.54;
3.10 (2) section 245A.66;
3.11 (3) section 245B.05, subdivisions 1, 2, and 7;
3.12 (4) section 245B.055;
3.13 (5) section 245B.06, subdivisions 2, 7, 9, and 10;
3.14 (6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
3.15 (7) section 245C.04, subdivision 19.1 1, paragraph (f);
3.16 (8) section 245C.07;
3.17 (9) section 245C.13, subdivision 2;
3.18 (10) section 245C.20; and
3.19 (11) Minnesota Rules, parts 9525.2700 to 9525.2810."
3.20Page 10, after line 3, insert:
3.21 "Sec. 6. Minnesota Statutes 2008, section 144A.45, is amended by adding a subdivision
3.22to read:
3.23 Subd. 1b. Home health aide qualifications. Notwithstanding the provisions of
3.24Minnesota Rules, part 4668.0100, subpart 5, a person may perform home health aide tasks
3.25if the person maintains current registration as a nursing assistant on the Minnesota nursing
3.26assistant registry. Maintaining current registration on the Minnesota nursing assistant
3.27registry satisfies the documentation requirements of Minnesota Rules, part 4668.0110,
3.28subpart 3."