August 2008

Information Bulletin 08-09
HC-25

2008 Statutory Changes to Home Care Class B Paraprofessional Agency License: Supervision
2008 Statutory Changes to Home Care Class B Paraprofessional Agency License and Class C Individual Paraprofessional: Home Care Aide Tasks

Purpose:

This bulletin provides notice of the 2008 revision to Minnesota Statutes 144A.45 for licensed Class B Home Care Providers related to supervision of persons performing home care aide tasks and for Class B & C related to the services that a person performing home care aide tasks may do.
Effective Date of Law: August 1, 2008.

Summary of Changes:

Class B Licensees: Supervision of a person performing home care aide tasks must occur only every 180 days, or more frequently, if indicated by clinical assessment. Class B and C Licensees: For trained persons performing home care aide tasks, these tasks also include assisting toileting, transfers, and ambulation if the client is ambulatory and if the client has no serious acute illness or infectious disease.

2008 Changes to the Law Related to Class B and C Home Care Licensure state:
Sec. 2. Minnesota Statutes 2006, section 144A.45, subdivision 1, is amended to read:

Subdivision 1. Rules. The commissioner shall adopt rules for the regulation of home care providers pursuant to sections 144A.43 to 144A.47. The rules shall include the following:
1. provisions to assure, to the extent possible, the health, safety and well-being, and appropriate treatment of persons who receive home care services;
2. requirements that home care providers furnish the commissioner with specified information necessary to implement sections 144A.43 to 144A.47;
3. standards of training of home care provider personnel, which may vary according to the nature of the services provided or the health status of the consumer;
4. standards for medication management which may vary according to the nature of the services provided, the setting in which the services are provided, or the status of the consumer. Medication management includes the central storage, handling, distribution, and administration of medications;
5. standards for supervision of home care services requiring supervision by a registered nurse or other appropriate health care professional which must occur on site at least every 62 days, or more frequently if indicated by a clinical assessment, and in accordance with sections 148.171 to 148.285 and rules adopted thereunder, except that, notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 5, item B, supervision of a person performing home care aide tasks for a class B licensee providing paraprofessional services must occur only every 180 days, or more frequently if indicated by a clinical assessment;
6. standards for client evaluation or assessment which may vary according to the nature of the services provided or the status of the consumer;
7. requirements for the involvement of a consumer's physician, the documentation of physicians' orders, if required, and the consumer's treatment plan, and the maintenance of accurate, current clinical records;
8. the establishment of different classes of licenses for different types of providers and different standards and requirements for different kinds of home care services; and
9. operating procedures required to implement the home care bill of rights.

Sec. 3. Minnesota Statutes 2006, section 144A.45, is amended by adding a subdivision to read:

Subd. 1a. Home care aide tasks. Notwithstanding the provisions of Minnesota Rules, part 4668.0110, subpart 1, item E, home care aide tasks also include assisting toileting, transfers, and ambulation if the client is ambulatory and if the client has no serious acute illness or infectious disease.

These changes can be found in Chapter 326, Article 1, Section 2 of the 2008 legislative session laws.