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Minnesota Statutes, Title Minnesota Statutes

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Minnesota/Statutes

← All Minnesota coverage

Title Minnesota Statutes, Minnesota Statutes

1,133 chapters · 28,363 sections in this title.

All chapters in Title Minnesota Statutes28,363 Ch 336, Chapter 336. UNIFORM COMMERCIAL CODE642 Ch 524, Chapter 524. UNIFORM PROBATE CODE394 Ch 609, Chapter 609. CRIMINAL CODE377 Ch 144, Chapter 144. DEPARTMENT OF HEALTH361 Ch 469, Chapter 469. ECONOMIC DEVELOPMENT257 Ch 473, Chapter 473. METROPOLITAN GOVERNMENT247 Ch 148, Chapter 148. PUBLIC HEALTH OCCUPATIONS206 Ch 169, Chapter 169. TRAFFIC REGULATIONS200 Ch 256B, Chapter 256B. MEDICAL ASSISTANCE FOR…196 Ch 60A, Chapter 60A. GENERAL INSURANCE POWERS195 Ch 13, Chapter 13. GOVERNMENT DATA PRACTICES177 Ch 115A, Chapter 115A. WASTE MANAGEMENT171 Ch 325F, Chapter 325F. CONSUMER PROTECTION; P…168 Ch 383B, Chapter 383B. HENNEPIN COUNTY168

91 sections·Filtered byTitle Minnesota Statutes✕Ch 144A✕

Minn. Stat. § 144A.01 DEFINITIONS.
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144A.01 DEFINITIONS. § Subdivision 1.Scope. For the purposes of sections 144A.01 to 144A.27, the terms defined in this section have the meanings given them. § Subd. 2.Commissioner of health. "Commissioner of health" means the state commissioner of health established by section 14…
Minn. Stat. § 144A.02 LICENSURE; PENALTY.
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144A.02 LICENSURE; PENALTY. § Subdivision 1.License required. No facility shall be used as a nursing home to provide nursing care unless the facility has been licensed as a nursing home. The commissioner of health may license a facility as a nursing home if the facility meets the…
Minn. Stat. § 144A.03 LICENSE APPLICATION.
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144A.03 LICENSE APPLICATION. § Subdivision 1.Form; requirements. (a) The commissioner of health by rule shall establish forms and procedures for the processing of nursing home license applications. (b) An application for a nursing home license shall include: (1) the business name…
Minn. Stat. § 144A.031 CONSIDERATION OF APPLICATIONS.
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144A.031 CONSIDERATION OF APPLICATIONS. (a) Before issuing a license or renewing an existing license, the commissioner shall consider an applicant's compliance history in providing care in a facility that provides care to children, the elderly, ill individuals, or individuals wit…

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Minn. Stat. § 144A.04 QUALIFICATIONS FOR LICENSE.

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144A.04 QUALIFICATIONS FOR LICENSE. § Subdivision 1.Compliance required. No nursing home license shall be issued to a facility unless the commissioner of health determines that the facility complies with the requirements of this section. § Subd. 2.Application. The controlling per…

Minn. Stat. § 144A.05 LICENSE RENEWAL.

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144A.05 LICENSE RENEWAL. Unless the license expires in accordance with section 144A.06 or is suspended or revoked in accordance with section 144A.11, a nursing home license shall remain effective for a period of one year from the date of its issuance. The commissioner of health b…

Minn. Stat. § 144A.06 TRANSFER OF LICENSE PROHIBITED.

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144A.06 TRANSFER OF LICENSE PROHIBITED. § Subdivision 1.Transfers prohibited. A nursing home license may not be transferred. § Subd. 2.New license required; change of ownership. (a) The commissioner of health by rule shall prescribe procedures for licensure under this section. (b…

Minn. Stat. § 144A.07 FEES.

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144A.07 FEES. Each application for a license to operate a nursing home, or for a renewal of license, except an application by the Minnesota Veterans Home or the Direct Care and Treatment executive board for the licensing of state institutions, shall be accompanied by a fee to be …

Minn. Stat. § 144A.071 MORATORIUM ON CERTIFICATION OF NURSING HOME BEDS.

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144A.071 MORATORIUM ON CERTIFICATION OF NURSING HOME BEDS. § Subdivision 1.Findings. The legislature declares that a moratorium on the licensure and medical assistance certification of new nursing home beds and construction projects that exceed $1,000,000 is necessary to control …

Minn. Stat. § 144A.073 EXCEPTIONS TO MORATORIUM; REVIEW.

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144A.073 EXCEPTIONS TO MORATORIUM; REVIEW. § Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them. (a) "Conversion" means the relocation of a nursing home bed from a nursing home to an attached hospital. (b) "Relocation" means …

Minn. Stat. § 144A.08 PHYSICAL STANDARDS; PENALTY.

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144A.08 PHYSICAL STANDARDS; PENALTY. § Subdivision 1.Establishment. The commissioner of health by rule shall establish minimum standards for the construction, maintenance, equipping and operation of nursing homes. The rules shall to the extent possible assure the health, treatmen…

Minn. Stat. § 144A.09 FACILITIES EXCLUDED.

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144A.09 FACILITIES EXCLUDED. § Subdivision 1.Spiritual means for healing. Sections 144A.04, subdivision 5, and 144A.18 to 144A.27, and rules adopted under sections 144A.01 to 144A.155 other than a rule relating to sanitation and safety of premises, to cleanliness of operation, or…

Minn. Stat. § 144A.10 INSPECTION; COMMISSIONER OF HEALTH; FINES.

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144A.10 INSPECTION; COMMISSIONER OF HEALTH; FINES. § Subdivision 1.Enforcement authority. The commissioner of health is the exclusive state agency charged with the responsibility and duty of inspecting all facilities required to be licensed under section 144A.02. The commissioner…

Minn. Stat. § 144A.101 PROCEDURES FOR FEDERALLY REQUIRED SURVEY PROCESS.

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144A.101 PROCEDURES FOR FEDERALLY REQUIRED SURVEY PROCESS. § Subdivision 1.Applicability. This section applies to survey certification and enforcement activities by the commissioner related to regular, expanded, or extended surveys under Code of Federal Regulations, title 42, par…

Minn. Stat. § 144A.102 WAIVER FROM FEDERAL RULES AND REGULATIONS; PENALTIES.

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144A.102 WAIVER FROM FEDERAL RULES AND REGULATIONS; PENALTIES. (a) By January 2000, the commissioner of health shall work with providers to examine state and federal rules and regulations governing the provision of care in licensed nursing facilities and apply for federal waivers…

Minn. Stat. § 144A.105 SUSPENSION OF ADMISSIONS.

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144A.105 SUSPENSION OF ADMISSIONS. § Subdivision 1.Circumstances for suspensions. The commissioner of health may suspend admissions to a nursing home or certified boarding care home when: (1) the commissioner has issued a penalty assessment or the nursing home has a repeated viol…

Minn. Stat. § 144A.11 LICENSE SUSPENSION OR REVOCATION; HEARING; RELICENSING.

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144A.11 LICENSE SUSPENSION OR REVOCATION; HEARING; RELICENSING. § Subdivision 1.Optional proceedings. The commissioner of health may institute proceedings to suspend or revoke a nursing home license, or may refuse to grant or renew the license of a nursing home if any action by a…

Minn. Stat. § 144A.115 VIOLATIONS; PENALTIES.

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144A.115 VIOLATIONS; PENALTIES. § Subdivision 1.Operating without a license. The operation of a facility providing services required to be licensed under sections 144A.02 to 144A.10 without a license is a misdemeanor punishable by a fine of not more than $300. § Subd. 2.Advertisi…

Minn. Stat. § 144A.12 INJUNCTIVE RELIEF; SUBPOENAS.

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144A.12 INJUNCTIVE RELIEF; SUBPOENAS. § Subdivision 1.Injunctive relief. In addition to any other remedy provided by law, the commissioner of health may bring an action in the district court in Ramsey or Hennepin County or in the district in which a nursing home is located to enj…

Minn. Stat. § 144A.13 COMPLAINTS; RESIDENT'S RIGHTS.

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144A.13 COMPLAINTS; RESIDENT'S RIGHTS. § Subdivision 1.Processing. All matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivere…

Minn. Stat. § 144A.135 TRANSFER AND DISCHARGE APPEALS.

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144A.135 TRANSFER AND DISCHARGE APPEALS. (a) The commissioner shall establish a mechanism for hearing appeals on transfers and discharges of residents by nursing homes or boarding care homes licensed by the commissioner. The commissioner may adopt permanent rules to implement thi…

Minn. Stat. § 144A.15 STATE RECEIVERSHIP.

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144A.15 STATE RECEIVERSHIP. § Subdivision 1.Petition, notice. In addition to any other remedy provided by law, the commissioner of health may petition the district court in Ramsey or Hennepin County or in the district in which a nursing home or certified boarding care home is loc…

Minn. Stat. § 144A.154 RATE RECOMMENDATION.

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144A.154 RATE RECOMMENDATION. The commissioner may recommend to the commissioner of human services a review of the rates for a nursing home or boarding care home that participates in the medical assistance program that is in receivership, and that has needs or deficiencies docume…

Minn. Stat. § 144A.155 PLACEMENT OF MONITOR.

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144A.155 PLACEMENT OF MONITOR. § Subdivision 1.Authority. The commissioner may place a person to act as a monitor in a nursing home or certified boarding care home in any of the circumstances listed in clause (1) or (2): (1) in any situation for which a receiver may be appointed …

Minn. Stat. § 144A.161 NURSING HOME AND BOARDING CARE HOME RESIDENT RELOCATION.

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144A.161 NURSING HOME AND BOARDING CARE HOME RESIDENT RELOCATION. § Subdivision 1.Definitions. (a) The definitions in this subdivision apply to subdivisions 2 to 10. (b) "Change in operations" means any alteration in operations which would require or encourage the relocation of r…

Minn. Stat. § 144A.162 TRANSFER OF RESIDENTS WITHIN FACILITIES.

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144A.162 TRANSFER OF RESIDENTS WITHIN FACILITIES. The licensee shall provide for the safe, orderly, and appropriate transfer of residents within the facility. In situations where there is a curtailment, reduction, capital improvement, or change in operations within a facility, th…

Minn. Stat. § 144A.18 ADMINISTRATOR'S LICENSES; PENALTY.

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144A.18 ADMINISTRATOR'S LICENSES; PENALTY. No person shall act as a nursing home administrator or purport to be a nursing home administrator unless that person is licensed by the Board of Executives for Long Term Services and Supports. A violation of this section is a misdemeanor…

Minn. Stat. § 144A.1888 REUSE OF FACILITIES.

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144A.1888 REUSE OF FACILITIES. Notwithstanding any local ordinance related to development, planning, or zoning to the contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or changes operations shall be considered a conforming use permitted un…

Minn. Stat. § 144A.19 BOARD OF EXECUTIVES FOR LONG TERM SERVICES AND SUPPORTS.

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144A.19 BOARD OF EXECUTIVES FOR LONG TERM SERVICES AND SUPPORTS. § Subdivision 1.Creation; membership. There is hereby created the Board of Executives for Long Term Services and Supports which shall consist of the following members: (1) a designee of the commissioner of health wh…

Minn. Stat. § 144A.20 ADMINISTRATOR QUALIFICATIONS.

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144A.20 ADMINISTRATOR QUALIFICATIONS. § Subdivision 1.Criteria. The Board of Executives for Long Term Services and Supports may issue licenses to qualified persons as nursing home administrators or assisted living directors, and shall establish qualification criteria for nursing …

Minn. Stat. § 144A.21 ADMINISTRATOR AND DIRECTOR LICENSES.

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144A.21 ADMINISTRATOR AND DIRECTOR LICENSES. § Subdivision 1.Transferability. A nursing home administrator's license shall not be transferable. An assisted living director's license shall not be transferable. § Subd. 2.Rules; renewal. The Board of Executives for Long Term Service…

Minn. Stat. § 144A.22 ORGANIZATION OF BOARD.

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144A.22 ORGANIZATION OF BOARD. The Board of Executives for Long Term Services and Supports shall elect from its membership a chair, vice-chair and secretary-treasurer, and shall adopt rules to govern its proceedings. Except as otherwise provided by law the Board of Executives for…

Minn. Stat. § 144A.23 JURISDICTION OF BOARD.

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144A.23 JURISDICTION OF BOARD. Except as provided in section 144A.04, subdivision 5, the Board of Executives for Long Term Services and Supports shall have exclusive authority to determine the qualifications, skill and fitness required of any person to serve as an administrator o…

Minn. Stat. § 144A.24 DUTIES OF THE BOARD.

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144A.24 DUTIES OF THE BOARD. The Board of Executives for Long Term Services and Supports shall: (1) develop and enforce standards for licensing of nursing home administrators and assisted living directors. The standards shall be designed to assure that nursing home administrators…

Minn. Stat. § 144A.251 MANDATORY PROCEEDINGS.

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144A.251 MANDATORY PROCEEDINGS. In addition to its discretionary authority to initiate proceedings under section 144A.24 and chapter 214, the Board of Executives for Long Term Services and Supports shall initiate proceedings to suspend or revoke a nursing home administrator or as…

Minn. Stat. § 144A.2511 COSTS; PENALTIES.

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144A.2511 COSTS; PENALTIES. If the Board of Executives for Long Term Services and Supports has initiated proceedings under section 144A.24 or 144A.251 or chapter 214, and upon completion of the proceedings has found that a nursing home administrator or assisted living director ha…

Minn. Stat. § 144A.252 IMMUNITY.

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144A.252 IMMUNITY. Members of the Board of Executives for Long Term Services and Supports and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of sections 144A.18 to 144A.27, or of rules ado…

Minn. Stat. § 144A.26 RECIPROCITY WITH OTHER STATES AND EQUIVALENCY OF HEALTH SERVICES EXECUTIVE.

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144A.26 RECIPROCITY WITH OTHER STATES AND EQUIVALENCY OF HEALTH SERVICES EXECUTIVE. § Subdivision 1.Reciprocity. The Board of Executives for Long Term Services and Supports may issue a nursing home administrator's license, without examination, to any person who holds a current li…

Minn. Stat. § 144A.27 ACTING ADMINISTRATORS.

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144A.27 ACTING ADMINISTRATORS. If a licensed nursing home administrator is removed from the position by death or other unexpected cause, the controlling persons of the nursing home suffering the removal may designate an acting nursing home administrator who shall secure an acting…

Minn. Stat. § 144A.28 SEVERABILITY.

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144A.28 SEVERABILITY. Any part of sections 144A.18 to 144A.27 which is in conflict with any act of Congress of the United States or any rule of a federal agency, so as to deprive nursing homes of this state of federal funds, shall be deemed void without affecting the remaining pr…

Minn. Stat. § 144A.291 FEES.

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144A.291 FEES. § Subdivision 1.Nonrefundable fees. All fees are nonrefundable. § Subd. 2.Amounts. (a) Fees may not exceed the following amounts but may be adjusted lower by board direction and are for the exclusive use of the board as required to sustain board operations. The max…

Minn. Stat. § 144A.30 PETS IN NURSING HOMES.

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144A.30 PETS IN NURSING HOMES. Nursing homes may keep pet animals on the premises subject to reasonable rules as to the care, type and maintenance of the pet. History: 1979 c 38 s 1

Minn. Stat. § 144A.33 RESIDENT AND FAMILY ADVISORY COUNCIL EDUCATION.

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144A.33 RESIDENT AND FAMILY ADVISORY COUNCIL EDUCATION. § Subdivision 1.Educational program. Each resident and family council authorized under section 144.651, subdivision 27, shall be educated and informed about the following: (1) care in the nursing home or board and care home;…

Minn. Stat. § 144A.351 LONG-TERM CARE SERVICES AND SUPPORTS REPORT REQUIRED.

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144A.351 LONG-TERM CARE SERVICES AND SUPPORTS REPORT REQUIRED. § Subdivision 1.Report requirements. (a) The commissioners of health and human services, with the cooperation of counties and in consultation with stakeholders, including persons who need or are using long-term care s…

Minn. Stat. § 144A.37 ALTERNATIVE NURSING HOME SURVEY PROCESS.

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144A.37 ALTERNATIVE NURSING HOME SURVEY PROCESS. § Subdivision 1.Alternative nursing home survey schedules. (a) The commissioner of health shall implement alternative procedures for the nursing home survey process as authorized under this section. (b) These alternative survey pro…

Minn. Stat. § 144A.43 DEFINITIONS.

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144A.43 DEFINITIONS. § Subdivision 1.Applicability. The definitions in this section apply to sections 144.699, subdivision 2, and 144A.43 to 144A.482. § Subd. 1a.Agent. "Agent" means the person upon whom all notices and orders shall be served and who is authorized to accept servi…

Minn. Stat. § 144A.44 HOME CARE BILL OF RIGHTS.

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144A.44 HOME CARE BILL OF RIGHTS. § Subdivision 1.Statement of rights. (a) A client who receives home care services in the community or in an assisted living facility licensed under chapter 144G has these rights: (1) receive written information, in plain language, about rights be…

Minn. Stat. § 144A.45 REGULATION OF HOME CARE SERVICES.

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144A.45 REGULATION OF HOME CARE SERVICES. § Subdivision 1.Regulations. The commissioner shall regulate home care providers pursuant to sections 144A.43 to 144A.482. The regulations shall include the following: (1) provisions to assure, to the extent possible, the health, safety, …

Minn. Stat. § 144A.47 INFORMATION AND REFERRAL SERVICES.

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144A.47 INFORMATION AND REFERRAL SERVICES. The commissioner shall ensure that information and referral services relating to home care are available in all regions of the state. The commissioner shall collect and make available information about available home care services, sourc…

Minn. Stat. § 144A.471 HOME CARE PROVIDER AND HOME CARE SERVICES.

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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 …