1.1                          A bill for an act 
  1.2             relating to health; permitting single background study 
  1.3             for home care provider employees; excluding licensed 
  1.4             home care agencies from supplemental nursing services 
  1.5             law; excluding certain home care agencies from state 
  1.6             survey requirements; amending Minnesota Statutes 2002, 
  1.7             sections 144.057, subdivision 1; 144A.46, by adding a 
  1.8             subdivision; 144A.70, subdivision 6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 144.057, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
  1.13  commissioner of health shall contract with the commissioner of 
  1.14  human services to conduct background studies of: 
  1.15     (1) individuals providing services which have direct 
  1.16  contact, as defined under section 245A.04, subdivision 3, with 
  1.17  patients and residents in hospitals, boarding care homes, 
  1.18  outpatient surgical centers licensed under sections 144.50 to 
  1.19  144.58; nursing homes and home care agencies licensed under 
  1.20  chapter 144A; residential care homes licensed under chapter 
  1.21  144B, and board and lodging establishments that are registered 
  1.22  to provide supportive or health supervision services under 
  1.23  section 157.17; 
  1.24     (2) individuals specified in section 245A.04, subdivision 
  1.25  3, paragraph (c), who perform direct contact services in a 
  1.26  nursing home or a home care agency licensed under chapter 144A 
  1.27  or a boarding care home licensed under sections 144.50 to 
  2.1   144.58, and if the individual under study resides outside 
  2.2   Minnesota, the study must be at least as comprehensive as that 
  2.3   of a Minnesota resident and include a search of information from 
  2.4   the criminal justice data communications network in the state 
  2.5   where the subject of the study resides; 
  2.6      (3) beginning July 1, 1999, all other employees in nursing 
  2.7   homes licensed under chapter 144A, and boarding care homes 
  2.8   licensed under sections 144.50 to 144.58.  A disqualification of 
  2.9   an individual in this section shall disqualify the individual 
  2.10  from positions allowing direct contact or access to patients or 
  2.11  residents receiving services.  "Access" means physical access to 
  2.12  a client or the client's personal property without continuous, 
  2.13  direct supervision as defined in section 245A.04, subdivision 3, 
  2.14  paragraph (b), clause (2), when the employee's employment 
  2.15  responsibilities do not include providing direct contact 
  2.16  services; 
  2.17     (4) individuals employed by a supplemental nursing services 
  2.18  agency, as defined under section 144A.70, who are providing 
  2.19  services in health care facilities; and 
  2.20     (5) controlling persons of a supplemental nursing services 
  2.21  agency, as defined under section 144A.70. 
  2.22     If a facility or program is licensed by the department of 
  2.23  human services and subject to the background study provisions of 
  2.24  chapter 245A and is also licensed by the department of health, 
  2.25  the department of human services is solely responsible for the 
  2.26  background studies of individuals in the jointly licensed 
  2.27  programs.  If a satisfactory background check of an individual 
  2.28  has been completed for purposes of employment with a home care 
  2.29  agency licensed under chapter 144A, no additional background 
  2.30  check shall be required for employment by another licensed home 
  2.31  care agency. 
  2.32     Sec. 2.  Minnesota Statutes 2002, section 144A.46, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 4a.  [SURVEY EXEMPTION.] A professional home care 
  2.35  agency licensed as a Class A provider under this section and 
  2.36  rules adopted under this section that is certified for 
  3.1   participation in Medicare as a home health agency under Code of 
  3.2   Federal Regulations, title 42, part 484, need not comply with 
  3.3   Minnesota Rules, part 4668.0220, if the Medicare certification 
  3.4   is based on compliance with the federal conditions of 
  3.5   participation and on survey and enforcement by the Minnesota 
  3.6   department of health as the agent for the United States 
  3.7   Department of Health and Human Services. 
  3.8      Sec. 3.  Minnesota Statutes 2002, section 144A.70, 
  3.9   subdivision 6, is amended to read: 
  3.10     Subd. 6.  [SUPPLEMENTAL NURSING SERVICES AGENCY.] 
  3.11  "Supplemental nursing services agency" means a person, firm, 
  3.12  corporation, partnership, or association engaged for hire in the 
  3.13  business of providing or procuring temporary employment in 
  3.14  health care facilities for nurses, nursing assistants, nurse 
  3.15  aides, and orderlies.  Supplemental nursing services agency does 
  3.16  not include an individual who only engages in providing the 
  3.17  individual's services on a temporary basis to health care 
  3.18  facilities.  Supplemental nursing services agency does not 
  3.19  include a professional home care agency licensed as a Class A 
  3.20  provider under section 144A.46 and rules adopted thereunder. 
  3.21     Sec. 4.  [EFFECTIVE DATE.] 
  3.22     Sections 1 to 3 are effective the day following final 
  3.23  enactment.