S.F. No. 2923 modifies Minnesota Department of Health (MDH) regulation of home care providers.

Section 1 (144A.45, subdivision 2) expands the list of MDH regulatory functions by authorizing the department to take action under section 5.

Section 2 (144A.45, subdivision 4) changes a cross-reference in the statute prohibiting federal Medicare certification from being a requirement of Medicaid payment for home care services provided to residents of housing with services establishments.

Section 3 (144A.46, subdivision 1) requires a home care license application to include information sufficient to show that the applicant meets licensure requirements. This section also deletes outdated language requiring a report to the Legislature by February 15, 2009, on personal care assistant provider standards.

Section 4 (144A.46, subdivision 2) modifies the list of exemptions from home care licensure. It deletes language putting a time limit on the licensure exemption for persons or organizations providing or arranging personal care assistant services and makes the exemption permanent.

Section 5 (144A.46, subdivision 3) expands the department's enforcement powers. It allows the imposition of a conditional license for certain infractions. It allows a license suspension to include certain requirements that must be satisfied before the suspension is lifted. Those requirements are outlined. This section also clarifies that the responsibility for developing and implementing a plan to transfer clients affected by a license suspension or revocation rests with the provider being sanctioned. Plan requirements and timelines are described. This section also broadens the sanctions against the owner and managerial officials of a home care provider whose license is not renewed or is revoked. In addition to being ineligible for a home care license for five years, these persons are also ineligible for other licenses under this chapter of law and for enrollment in the personal care assistance program for the same period of time.

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