Minnesota Administrative Code

4658.0035 EVALUATION. A nursing home is subject to evaluation and approval by the department of the nursing home's physical plant and its operational aspects before a change in ownership, classification, capacity, or an addition of services which necessitates a change in the nurs…

4658.0040 VARIANCE AND WAIVER. Subpart 1. Request for variance or waiver. A nursing home may request that the department grant a variance or waiver from the provisions of this chapter. A request for a variance or waiver must be submitted to the department in writing. Each request…

4658.0045 PENALTIES FOR LICENSING RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of parts 4658.0010 to 4658.0035 and are as follows: A. part 4658.0020, subparts 1, 2, and 3, $250; B. part 4658.0020, subparts 4 and 5, $50; C. part 4658.0025, …

4658.0050 LICENSEE. Subpart 1. General duties. The licensee of a nursing home is responsible for its management, control, and operation. A nursing home must be managed, controlled, and operated in a manner that enables it to use its resources effectively and efficiently to attain…

4658.0055 ADMINISTRATOR. Subpart 1. Designation. A nursing home must designate a licensed nursing home administrator to be in immediate charge of the operation and administration of the nursing home, whether that individual is the licensee or a person designated by the licensee. …

4658.0060 RESPONSIBILITIES OF ADMINISTRATOR. The administrator is responsible for the: A. maintenance, completion, and submission of reports and records as required by the department; B. formulation of written policies, procedures, and programs for operation, management, and main…

4658.0065 RESIDENT SAFETY AND DISASTER PLANNING. Subpart 1. Safety program. A nursing home must develop and implement an organized safety program in accordance with a written safety plan. The written plan must be included in the orientation and in-service training programs of all…

4658.0070 QUALITY ASSESSMENT AND ASSURANCE COMMITTEE. A nursing home must maintain a quality assessment and assurance committee consisting of the administrator, the director of nursing services, the medical director or other physician designated by the medical director, and at le…

4658.0075 OUTSIDE RESOURCES. If a nursing home does not employ a qualified professional person to furnish a specific service to be provided by the nursing home, the nursing home must have that service furnished to residents under a written agreement with a person or agency outsid…

4658.0085 NOTIFICATION OF CHANGE IN RESIDENT HEALTH STATUS. A nursing home must develop and implement policies to guide staff decisions to consult physicians, physician assistants, and nurse practitioners, and if known, notify the resident's legal representative or an interested …

4658.0090 USE OF OXYGEN. A nursing home must develop and implement policies and procedures for the safe storage and use of oxygen. Statutory Authority: MS s 144A.04; 144A.08; 256B.431 History: 20 SR 303 Published Electronically: October 11, 2007

4658.0095 AVAILABILITY OF LICENSING RULES. A copy of this chapter must be made available by a nursing home upon request for the use of all nursing home personnel, residents, and family members. Statutory Authority: MS s 144A.04; 144A.08; 256B.431 History: 20 SR 303 Published Elec…

4658.0100 EMPLOYEE ORIENTATION AND IN-SERVICE EDUCATION. Subpart 1. Orientation and initial training. All personnel must be instructed in the requirements of the law and the rules pertaining to their respective duties and the instruction must be documented. All personnel must be …

4658.0105 COMPETENCY. A nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents' needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care…

4658.0110 INCIDENT AND ACCIDENT REPORTING. All persons providing services in a nursing home must report any accident or injury to a resident, and the nursing home must immediately complete a detailed incident report of the accident or injury and the action taken after learning of…

4658.0115 WORK PERIOD. A nursing home must not schedule a person to duty for more than one consecutive work period except in a documented emergency. For purposes of this chapter, a documented emergency means situations where replacement staff are not able to report to duty for th…

4658.0120 EMPLOYEE POLICIES. Subpart 1. Keys. The person in charge of a nursing home on each work shift must have the ability to open all doors and locks in the nursing home except the business office. Subp. 2. Requirements for staff. A nursing home must have at least one respons…

4658.0125 PERSONAL BELONGINGS. Personnel must not keep personal belongings in the food service or resident areas. Provision must be made elsewhere for storage. Statutory Authority: MS s 144A.04; 144A.08; 256B.431 History: 20 SR 303 Published Electronically: October 11, 2007

4658.0130 EMPLOYEES' PERSONNEL RECORDS. A current personnel record must be maintained for each employee and be stored in a confidential manner. The personnel records for at least the most recent three-year period must be maintained by the nursing home. The records must be availab…

4658.0135 POLICY RECORDS. Subpart 1. Availability of policies. All policies and procedures directly related to resident care adopted by the home must be placed on file and be made available upon request to nursing home personnel, residents, legal representatives, and designated r…

4658.0140 TYPE OF ADMISSIONS. Subpart 1. Selection of residents. The administrator, in cooperation with the director of nursing services and the medical director, is responsible for the admission of residents to the home according to the admission policies of the nursing home. Su…

4658.0145 AGREEMENT AS TO RATES AND CHARGES. Subpart 1. Written agreement. At the time of admission, there must be a written agreement between the nursing home and the resident, the resident's agent, or the resident's guardian, which includes: A. the base rate and what services a…

4658.0150 INSPECTION BY DEPARTMENT. All areas of a nursing home and all records related to the care and protection of residents including resident and employee records must be open for inspection by the department at all times for the purposes of enforcing this chapter. Statutory…

4658.0155 REPORTS TO DEPARTMENT. Reports regarding statistical data and services furnished must be submitted on forms furnished by the department. Copies must be retained by the nursing home. Statutory Authority: MS s 144A.04; 144A.08; 256B.431 History: 20 SR 303 Published Electr…

4658.0190 PENALTIES FOR ADMINISTRATION AND OPERATIONS RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of parts 4658.0050 to 4658.0155 and are as follows: A. part 4658.0050, subpart 1, $250; B. part 4658.0050, subpart 2, $100; C. part 4658.005…

4658.0191 PENALTIES FOR VIOLATIONS OF RESIDENTS' BILL OF RIGHTS. Penalty assessments for violations of Minnesota Statutes, section 144.651, are as follows: A. Minnesota Statutes, section 144.651, subdivision 4, $100; B. Minnesota Statutes, section 144.651, subdivision 5, $250; C.…

4658.0192 NURSING HOME STATUTES; FINES. Penalty assessments for violations of Minnesota Statutes, chapter 144A, are as follows: A. Minnesota Statutes, section 144A.04, subdivision 4, $100; B. Minnesota Statutes, section 144A.04, subdivision 6, $100; C. a $100 penalty assessment m…

4658.0193 REPORTING MALTREATMENT OF VULNERABLE ADULTS; FINES. Penalty assessments for violations of Minnesota Statutes, section 626.557, are as follows: A. Minnesota Statutes, section 626.557, subdivision 3, $250; B. Minnesota Statutes, section 626.557, subdivision 3a, $100; C. M…

4658.0200 POLICIES CONCERNING RESIDENTS. Subpart 1. Visitors. A nursing home must provide access to a resident by relatives and guardians, and to any entity or individual that provides health, social, legal, advocacy, or religious services to the resident, subject to the resident…

4658.0205 PROCEDURE AT DEATH. When a resident dies in a nursing home, the administrator, nurse, or other employee designated by the administrator must contact a relative, guardian, legal representative, other person designated in writing by the resident, or the placement agency r…

4658.0210 ROOM ASSIGNMENTS. Subpart 1. Room assignments and furnishings. A nursing home must attempt to accommodate a resident's preferences on room assignments, roommates, and furnishings whenever possible. Subp. 2. Room assignment complaints. A nursing home must develop and imp…

4658.0215 ADMINISTRATION OF MEDICATIONS. The right of residents to self-administer medications must be provided as allowed under part 4658.1325, subpart 4. Medications may be added to food only as provided under part 4658.1325, subpart 6. Statutory Authority: MS s 144A.04; 144A.0…

4658.0220 FREEDOM FROM CORPORAL PUNISHMENT AND INVOLUNTARY SECLUSION. A resident must be free from corporal punishment and involuntary seclusion. Statutory Authority: MS s 144A.04; 144A.08 History: 21 SR 196 Published Electronically: October 11, 2007

4658.0250 ADMISSION POLICIES. The admission policies of a nursing home must specify the manner of protecting personal funds of the residents, according to parts 4658.0250 to 4658.0280. Statutory Authority: MS s 144A.04; 144A.08 History: 21 SR 196 Published Electronically: October…

4658.0255 AUTHORIZATION. Subpart 1. Written authorization. The personal funds of a resident must not be accepted for safekeeping without written authorization from the resident or from the resident's legal guardian, conservator, representative payee, or other person designated in…

4658.0260 PERSONAL FUND ACCOUNTING AND RECORDS. Subpart 1. No commingling of resident and nursing home funds. The personal funds of a resident must not be commingled with the funds of a nursing home or with the funds of any person other than residents of the nursing home, unless …

4658.0265 DEPOSIT OF PERSONAL FUNDS. A nursing home, except for veterans homes under Minnesota Statutes, section 198.265, must deposit a resident's personal funds in excess of $100 in an interest bearing account (or accounts) that is separate from any of the nursing home's operat…

4658.0270 WITHDRAWAL OF FUNDS FROM THE ACCOUNT. Upon the request of the resident or the resident's legal guardian, conservator, representative payee, or other person designated in writing by the resident, a nursing home must return all or any part of a resident's funds given to t…

4658.0275 RETURN OF FUNDS AFTER DISCHARGE OR DEATH. Subpart 1. Discharge of a resident. Upon discharge of a resident, the resident's funds must be returned to the resident or resident's legal guardian, conservator, representative payee, or other person designated in writing by th…

4658.0290 PENALTIES FOR RESIDENT RIGHTS RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of parts 4658.0200 to 4658.0275 and are as follows: A. part 4658.0200, subpart 1, $250; B. part 4658.0200, subpart 2, $100; C. part 4658.0200, subparts 3 …

4658.0300 USE OF RESTRAINTS. Subpart 1. Definitions. For purposes of this part, the following terms have the meanings given. A. "Physical restraints" means any manual method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that …

4658.0350 PENALTIES FOR RESTRAINTS RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of part 4658.0300 and are as follows: A. part 4658.0300, subpart 2, $500; B. part 4658.0300, subpart 3, items A and B, $500; C. part 4658.0300, subpart 3, item…

4658.0400 COMPREHENSIVE RESIDENT ASSESSMENT. Subpart 1. Assessment. A nursing home must conduct a comprehensive assessment of each resident's needs, which describes the resident's capability to perform daily life functions and significant impairments in functional capacity. A nur…

4658.0405 COMPREHENSIVE PLAN OF CARE. Subpart 1. Development. A nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400. The comprehensive plan of care mu…

4658.0420 PENALTIES FOR COMPREHENSIVE ASSESSMENT AND PLAN OF CARE RULE VIOLATIONS. Penalty assessments will be assessed on a daily basis for violations of parts 4658.0400 and 4658.0405 and are as follows: A. part 4658.0400, $300; and B. part 4658.0405, $300. Statutory Authority: …

4658.0430 HEALTH INFORMATION MANAGEMENT SERVICE. Subpart 1. Health information management. A nursing home must maintain health information management services, including clinical records, in accordance with accepted professional standards and practices, federal regulations, and s…

4658.0435 CONFIDENTIALITY OF CLINICAL RECORDS AND INFORMATION. Subpart 1. Maintaining confidentiality of records. Information in the clinical records, regardless of form or storage methods, must be kept confidential according to Minnesota Statutes, chapter 13 and sections 144.291…