Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4659 - New
Part 4659.0120 - PROCEDURES FOR RESIDENT TERMINATION AND DISCHARGE PLANNING
Universal Citation: MN Rules 4659.0120
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Pretermination meeting notice.
A. Before issuing a notice of
termination, the facility must schedule a pretermination meeting under
Minnesota Statutes, section
144G.52,
subdivision 2, and provide written notice of the meeting to the resident and
the residents representatives at least five business days in advance.
B. The facility must arrange the
pretermination meeting to occur on a day that the resident and the residents
representatives are able to attend.
C. For a resident that receives home and
community-based services waiver under Minnesota Statutes, chapter 256S, and
Minnesota Statutes, section
256B.49,
the facility must provide written notice of the pretermination meeting to the
residents case manager at least five business days in advance.
D. In addition to the notice requirements
under Minnesota Statutes, section
144G.52,
subdivision 2, the pretermination meeting written notice under item A must
include:
(1) a proposed time, date, and
location of the meeting;
(2) a
detailed explanation of the reason or reasons for the proposed
termination;
(3) a list of facility
individuals who will attend the meeting;
(4) an explanation that the resident may
invite family members, representatives, health professionals, and other
individuals to participate in the pretermination meeting;
(5) contact information for the Office of
Ombudsman for Long-Term Care and the Office for Ombudsman for Mental Health and
Developmental Disabilities and a statement that the ombudsman offices provide
advocacy services to residents;
(6)
the name and contact information of an individual at the facility whom the
resident may contact about the meeting or to request an
accommodation;
(7) notice that
attendees may request reasonable accommodations for a communication disability
or if they speak a language other than English; and
(8) notice that if the residents housing or
services are terminated, the resident has the right to appeal under part
4659.0210 and Minnesota Statutes, section
144G.54.
E. The facility must provide written notice
to the resident, the residents representatives, and the residents case manager
of any change to the date, time, or location of the pretermination meeting.
Subp. 2. Emergency relocation notice.
A. If there is an
emergency relocation under Minnesota Statutes, section
144G.52,
subdivision 9, and the licensee intends to issue a notice of termination
following the relocation, and an in-person pretermination meeting is
impractical or impossible, the facility must use telephonic, video, or other
electronic format for the meeting under Minnesota Statutes, section
144G.52,
subdivision 2.
B. If the
pretermination meeting is held through telephonic, video, or other electronic
format under Minnesota Statutes, section
144G.52,
subdivision 2, paragraph (d), the facility must ensure that the resident, the
residents representative, and any case manager or representative of an
ombudsmans office are able to participate in the pretermination meeting. The
facility must make reasonable efforts to ensure that anyone else the resident
invites to the meeting is able to participate.
C. If a pretermination meeting is held after
an emergency relocation, the licensee must issue a notice to the resident, the
residents representatives, and the residents case manager, if applicable,
containing the information in subpart 1, item D, at least 24 hours in advance
of the pretermination meeting. The notice must include detailed instructions on
how to access the means of communication for the meeting.
D. If notice to the ombudsman is required
under Minnesota Statutes, section
144G.52,
subdivision 9, paragraph (c), clause (3), the facility must provide the notice
as soon as practicable, and in any event no later than 24 hours after the
notice requirement is triggered.
Subp. 3. Identifying and offering accommodations, modifications, and alternatives. In addition to the requirements in Minnesota Statutes, section 144G.52, subdivision 2, paragraph (a), clause (2), at the pretermination meeting, the facility must collaborate with the resident and the residents representatives, case manager, and any other individual invited by the resident, to identify and offer any potential reasonable accommodations, modifications, interventions, or alternatives that can address the issues underlying the termination.
Subp. 4. Summarizing pretermination meeting outcomes. Within 24 hours after the pretermination meeting, the facility must provide the resident with a written summary of the meeting, including any agreements reached about any accommodation, modification, intervention, or alternative that will be used to avoid terminating the residents assisted living contract.
Subp. 5. Providing notice.
A. A facility must provide written notice of
the residents contract termination by hand delivery or by first-class mail.
Service of the notice must be proved by affidavit of the person effectuating
service.
B. If sent by mail, the
facility must mail the notice to the residents last known address.
C. A facility providing a notice to the
ombudsman under Minnesota Statutes, section
144G.52,
subdivision 7, paragraph (a), must provide the notice as soon as practicable,
but in any event no later than two business days after the facility provided
notice to the resident. The notice must include a phone number for the
resident, or, if the resident does not have a phone number, the phone number of
the residents representative or case manager.
Subp. 6. Resident-relocation evaluation.
A. If the facility
terminates the residents contract or the resident plans to move out of the
facility because the facility has initiated the pretermination or termination
process, the facility must prepare a written resident-relocation evaluation.
The evaluation must include:
(1) the
residents current service plan;
(2)
a list of safe and appropriate housing and service providers that are in
reasonably close geographic proximity to the facility and are able to accept a
new resident;
(3) the residents
needs and choices; and
(4) the
right of the resident to tour the safe location and appropriate service
provider, if applicable, prior to relocation.
B. The facility must provide a written copy
of the resident relocation evaluation to the resident and the residents
representatives and case manager as soon as practicable but no later than the
planning conference under subpart 7, item A.
Subp. 7. Resident-relocation plan.
A. If the facility terminates the
residents contract or the resident plans to move out of the facility because
the facility has initiated the pretermination or termination process, the
facility must hold a planning conference to develop a written relocation plan
with the resident, the residents representative and case manager, if any, and
other individuals invited by the resident.
B. The relocation plan must incorporate the
relocation evaluation developed in subpart 6,
C. The resident-relocation plan must include:
(1) the date and time that the resident will
move;
(2) the contact information
of the receiving facility;
(3) how
the resident and the residents personal property, including pets, will be
transported to the new housing provider;
(4) how the facility will care for and store
the residents belongings;
(5)
recommendations to assist the resident to adjust to the new living
environment;
(6) recommendations
for addressing the stress that a resident with dementia may experience when
moving to a new living environment, if applicable;
(7) recommendations for ensuring the safe and
proper transfer of the residents medications and durable medical
equipment;
(8) arrangements that
have been made for the residents follow-up care and meals;
(9) a plan for transferring and reconnecting
phone, Internet services, and any electronic monitoring equipment;
and
(10) who is responsible for
paying moving expenses and how the expenses will be paid.
D. The facility must implement the relocation
plan, must comply with the coordinated move requirements in Minnesota Statutes,
section
144G.55,
and must provide a copy of the plan to the resident, and with the residents
consent, the residents representatives and case manager, if applicable.
Subp. 8. Providing resident-relocation information to receiving facility or other service provider.
In addition to the requirements in Minnesota Statutes, section 144G.43, subdivision 4, and with the residents consent, the facility must provide the following information in writing to the residents receiving facility or other service provider:
A. the name and
address of the facility, the dates of the residents admission and discharge,
and the name and address of a person at the facility to contact for additional
information;
B. names and addresses
of any significant social or community contacts the resident has identified to
the facility;
C. the residents most
recent service or care plan, if the resident has received services from the
facility; and
D. the residents
current "do not resuscitate" order and "physician order for life sustaining
treatment," if any.
Subp. 9. Resident discharge summary.
At the time of discharge, the facility must provide the resident, and, with the residents consent, the residents representatives and case manager, with a written discharge summary that includes:
A. a summary of the residents stay that
includes diagnoses, courses of illnesses, allergies, treatments, and therapies,
and pertinent lab, radiology, and consultation results;
B. a final summary of the residents status
from the latest assessment or review under Minnesota Statutes, section
144G.70,
if applicable, which includes the resident status, including baseline and
current mental, behavioral, and functional status;
C. a reconciliation of all predischarge
medications with the residents postdischarge prescribed and over-the-counter
medications; and
D. a postdischarge
care plan that is developed with the resident and, with the residents consent,
the residents representatives, which will help the resident adjust to a new
living environment. The postdischarge care plan must indicate where the
resident plans to reside, any arrangements that have been made for the
residents follow-up care, and any postdischarge medical and nonmedical services
the resident will need.
Subp. 10. Services pending appeal.
If the resident needs additional services during a pending termination appeal, the facility must contact and inform the residents case manager of the residents responsibility to contract and ensure payment for those services according to Minnesota Statutes, section 144G.54, subdivision 6.
Subp. 11. Expedited termination.
A. A
facility seeking an expedited termination under Minnesota Statutes, section
144G.52,
subdivision 5, must comply with all of the requirements of this part.
B. If the facility seeks a termination or
expedited termination on the basis of Minnesota Statutes, section
144G.52,
subdivision 5, paragraph (b), clause (2), the facility must provide the
assessment that forms the basis of the expedited termination to the resident
with the notice of termination and include the name and contact information of
any medical professionals who performed the assessment.
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
