Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Reports of abuse or neglect of persons served by licensed
programs.
If an agency receives a complaint alleging abuse or neglect
of persons served by a program, the agency shall follow the procedures in items
A to C.
A. The agency shall
immediately report the complaint to the county child or adult protection unit
where the program is located.
B.
The agency shall cooperate with the county child or adult protection unit as
requested in conducting the investigation required under part
9555.7300 or
9560.0222.
C. Upon completion of the investigation, the
agency shall take the appropriate licensing action indicated by the findings of
the investigation.
Subp.
2.
Timelines.
Except for reports of abuse, neglect, or maltreatment, the
agency shall investigate all complaints of licensing violations received about
programs for which it performs licensing functions. The agency shall
investigate the complaints according to items A to C:
A. A complaint that alleges imminent danger
or recurring physical injury to persons served by the program must be:
(1) reported according to subpart
1; and
(2) reported to the commissioner
immediately.
B.
Investigation of a complaint that does not indicate imminent danger to persons
served by the program but that may result in a negative licensing action under
part
9543.0100 must begin within three
working days after the agency receives the complaint.
C. Investigation of a complaint that does not
involve an issue of safety under item A or B for persons served by the program
must begin within ten working days after the agency receives the
complaint.
Subp. 3.
Determination.
The agency shall gather sufficient information about every
complaint to:
A. make a determination
that a licensing violation occurred, did not occur, or no determination can be
made; and
B. if a violation
occurred, issue a correction order or recommend a negative licensing
action.
Subp. 4.
Reports of death.
The agency shall ensure that the death of a person served by
a program is reported to the medical examiner or coroner and ombudsman as
required in Minnesota Statutes, sections
626.556,
subdivision 9, and 626.557, subdivision 9a.
Subp. 5.
Recording complaints and
investigations.
The agency shall:
A.
maintain a register for recording complaints about licensed programs and
tracking the status of each investigation;
B. record in the license holder's file the
disposition of each complaint involving the license holder; and
C. maintain the records according to
Minnesota Statutes, section
13.46.
Statutory Authority: MS s
14.386;
14.388;
245A.09;
245A.16
