Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
License issued.
If a hospice provider complies with the requirements of this
chapter and Minnesota Statutes, sections
144A.75
to
144A.755,
the commissioner shall issue to the hospice provider a certificate of licensure
that contains:
A. the licensee's
name;
B. the provider's name and
address;
C. the beginning and
expiration dates;
D. a unique
license number;
E. the type of
license; and
F. the number of
authorized beds for the residential hospice or hospices, if
applicable.
Subp. 2.
Multiple units or satellites.
Multiple units or satellites of a hospice provider must share
the same management that supervises and administers services provided by all
units. Each unit and satellite must provide the same full range of services
that is required of the hospice provider. Multiple units or satellites of a
hospice provider must be separately licensed if the commissioner determines
that the units cannot adequately share supervision and administration of
services with the main office because of distinct organizational
structures.
Subp. 3.
Duration of license.
A license is effective for one year after the date the license
is issued, except as provided in subparts 11 and 12.
Subp. 4.
License application.
An applicant for an initial or renewal license under this part
must:
A. provide the following
information on forms provided by the commissioner:
(1) the applicant's name and address,
including the name of the county in which the applicant resides or has its
principal place of business;
(2)
the address and telephone number of the principal administrative
office;
(3) the address and
telephone number of each multiple unit, if any;
(4) the number of authorized residential
hospice facility beds and address where beds are located;
(5) the names and addresses of all owners and
managerial officials;
(6)
documentation of compliance with the background study requirements of Minnesota
Statutes, section
144A.754, subdivision
5, for all persons involved in the management, operation, or control of the
hospice provider;
(7) evidence of
workers' compensation coverage, as required by Minnesota Statutes, sections
176.181 and
176.182;
and
(8) any other information
requested by the commissioner to determine whether the applicant is in
compliance with all applicable provisions of this chapter and Minnesota
Statutes, sections
144A.75
to
144A.755,
and to determine whether the applicant has engaged in conduct detrimental to
the welfare of a hospice patient;
B. pay in full the license fee specified in
Minnesota Statutes, section
144A.753, subdivision
1, paragraph (c), based on revenues derived from the provision of hospice
services during the licensee's fiscal year prior to the year in which the
application is being submitted; and
C. ensure that, if the application is for a
license renewal, the commissioner receives the application at least 30 days
before expiration of the license.
Subp. 5.
Agent.
Each application for a hospice provider license or for renewal
of a hospice provider license must designate one or more owners, managerial
officials, or employees, as an agent:
A. who is authorized to transact business
with the commissioner on all matters provided for in this chapter and Minnesota
Statutes, sections
144A.75
to
144A.755;
and
B. upon whom all notices and
orders must be served and who is authorized to accept service of notices and
orders on behalf of the applicant and, if licensed, the licensee, in
proceedings under this chapter and Minnesota Statutes, sections
144A.75
to
144A.755.
The designation of one or more persons under this subpart does
not affect the legal responsibility of any other owner or managerial official
under this chapter and Minnesota Statutes, sections
144A.75
to
144A.755.
Subp. 6.
Notification of changes.
An applicant or licensee shall notify the commissioner in
writing within ten working days after any change in the information required to
be provided by subparts 4 and 5. A licensee shall notify the commissioner in
writing 30 calendar days before the cessation of providing hospice
services.
Subp. 7.
Application processing.
The commissioner must process an application in the manner
provided by Minnesota Statutes, section
144A.753, subdivision
1, paragraph (b). No application shall be processed without payment of the
license fee in full, in the amount provided by Minnesota Statutes, section
144A.753, subdivision
1, paragraph (c).
Subp. 8.
Verification of revenues.
A.
"Revenues" means all money or the value of property or services received by an
applicant and derived from the provision of hospice services, including fees
for services, grants, bequests, gifts, donations, appropriations of public
money, and earned interest or dividends. Under a circumstance listed in item B,
the commissioner shall require each applicant to verify its revenues by
providing a copy of:
(1) an income tax
return;
(2) an informational tax
return, such as an Internal Revenue Service Form 1065 partnership return or
Form 990 tax exempt organization return;
(3) a Medicare cost report;
(4) a certified financial statement;
or
(5) other documentation that
verifies the accuracy of the revenues derived from the provision of hospice
services for the reporting period on which the fee is based.
B. The commissioner shall require
an applicant to verify its revenues if:
(1)
the commissioner has received information that a revenue report may be
inaccurate; or
(2) the hospice
provider has been randomly selected for compliance verification.
Subp. 9.
Prelicensing survey.
Before granting a license, the commissioner may investigate an
applicant for compliance with this chapter and Minnesota Statutes, sections
144A.75
to
144A.755.
Subp. 10.
Requirements and
denial of license.
A. An applicant for
an initial or renewal license as a hospice provider must meet all of the
following requirements:
(1) the applicant; an
owner of the applicant, individually or as an owner of another hospice
provider; or another hospice provider of which an owner of the applicant also
was or is an owner, must not have ever been issued a correction order for
failing to assist hospice patients according to part 4664.0060, subpart 2, item
D, upon the licensee's decision to cease doing business as a hospice
provider;
(2) the applicant is not
disqualified under Minnesota Statutes, sections
144.057
and
245A.04;
(3) neither the applicant or any owner or
managerial official of the applicant has been unsuccessful in having a
disqualification under Minnesota Statutes, section
144.057
or
245A.04,
set aside; and
(4) no owner or
managerial official of the applicant, as an owner or managerial official of
another licensee, was substantially responsible for the other licensee's
failure to substantially comply with this chapter and Minnesota Statutes,
sections
144A.75
to
144A.755.
B. If an applicant for an initial
or renewal license as a hospice provider does not meet all of the requirements
in item A, the commissioner shall deny the application. In addition, the
commissioner may refuse to grant or renew a license as provided in Minnesota
Statutes, section
144A.754, subdivision
1, paragraph (a).
Subp.
11.
Conditional license.
If a licensee that has applied for renewal is not in full
compliance with this chapter and Minnesota Statutes, sections
144A.75
to
144A.755,
at the time of expiration of its license, and the violations do not warrant
denial of the license, the commissioner shall issue a license for a limited
period conditioned on the licensee achieving full compliance with all
applicable statutes, rules, and correction orders.
Subp. 12.
Transfers prohibited; changes
in ownership.
A license issued under this part may not be transferred to
another party. Before a change of ownership of a hospice provider, the
prospective owner must apply for a new license under this part. The
commissioner must receive the completed application at least 30 days before the
effective date of the change of ownership. A change of ownership means a
transfer of operational control to a different business entity and
includes:
A. transfer of the business
to a different or new corporation;
B. in the case of a partnership, the
dissolution or termination of the partnership under Minnesota Statutes, chapter
323A, with the business continuing by a successor partnership or other
entity;
C. relinquishment of
control of the hospice provider by the licensee to another party, including to
a contract management firm that is not under the control of the owner of the
business' assets;
D. transfer of
the business by a sole proprietor to another party or entity; or
E. in the case of a privately held
corporation, the change in ownership or control of 50 percent or more of the
outstanding voting stock.
Subp.
13.
Fire safety requirements.
A residential hospice facility that has been determined by the
state fire marshal to be out of compliance with fire safety requirements of the
state fire marshal is not eligible for licensure by the commissioner.
Subp. 14.
Display of
license.
A licensee must display the original license at the hospice
provider's principal business office and copies must be displayed at all other
offices and residential hospice facility sites. A licensee must provide a copy
of the license to any person who requests it.
Subp. 15.
Fines.
For a violation of the following subparts, the stated fine
shall be assessed:
A. subpart 4, $500
for providing false information;
B.
subpart 6, $100; and
C. subpart 14,
$50.
Statutory Authority: MS s
144A.752