Current through Register Vol. 49, No. 13, September 23, 2024
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 or maintain the highest practicable physical, mental, and
psychosocial well-being of each resident.
Subp. 2.
Specific duties.
The licensee must develop written bylaws or policies for the
management and operation of the nursing home and for the provision of resident
care, which must be available to all members of the governing body, and must
assume legal responsibility for matters under its control, for the quality of
care rendered and for compliance with laws and rules relating to the safety and
sanitation of nursing homes, or which otherwise relate directly to the health,
welfare, and care of residents.
Subp.
3.
Responsibilities.
A licensee is responsible for the duties in items A to
F.
A. Full disclosure of each person
having an interest of ten percent or more of the ownership of the home to the
department with any change reported in writing within 14 days after the
licensee knew of or should have known of the transfer, whichever occurs first.
In case of corporate ownership, the name and address of each officer and
director must be specified. If the home is organized as a partnership, the name
and address of each partner must be furnished. In the case of a home operated
by a lessee, the persons or business entities having an interest in the lessee
organization must be reported and an executed copy of the lease agreement
furnished. If the home is operated by the holder of a franchise, disclosure
must be made as to the franchise holder who must also furnish an executed copy
of the franchise agreement.
B.
Appointment of a licensed nursing home administrator who is responsible for the
operation of the home in accordance with law and established policies and whose
authority to serve as administrator is delegated in writing.
C. Notification of the termination of service
of the administrator and the appointment of a replacement within five working
days in writing to the department. If a licensed nursing home administrator is
not available to assume the position immediately, notification to the
department must include the name of the person temporarily in charge of the
home. The governing body of a nursing home must not employ an individual as the
permanent administrator until it is determined that the individual qualifies
for licensure as a nursing home administrator in Minnesota under Minnesota
Statutes, section
144A.04.
The governing body of the nursing home must not employ an individual as an
acting administrator or person temporarily in charge for more than 30 days
unless that individual has secured an acting administrator license, as required
by Minnesota Statutes, section
144A.27.
D. Provision of an adequate and competent
staff and maintenance of professional standards in the care of residents and
operation of the nursing home.
E.
Provision of facilities, equipment, and supplies for care consistent with the
needs of the residents.
F.
Provision of evidence of adequate financing, proper administration of funds,
and the maintenance of required statistics. A nursing home must have financial
resources at the time of initial licensure to permit full service operation of
the nursing home for six months without regard to income from resident
fees.