|
As a result of recent legislation, the Department of Human Services (DHS) background study process will change for most individuals affiliated with a Minnesota Department of Health (MDH) licensed facility. DHS will no longer conduct a background study if they are licensed by a health-related licensing board (HLB) and have completed a criminal background check as part of licensure. DHS will be entering into a data sharing agreement with each health-related licensing board.
Changes effective immediately:
- Entities should stop submitting applications for DHS background studies on most individuals licensed by a HLB and affiliated with MDH facilities as identified in 245C.03, subdivision 5a. This applies to these MDH provider types:
- assisted living facilities
- assisted living facilities with dementia care
- board and lodging establishments
- boarding care homes
- home care agencies
- hospitals
- nursing homes
- outpatient surgical centers
- supplemental nursing service agency.
- DHS will continue to conduct background studies and collect updated criminal history and maltreatment information on license applicants, owners, managerial officials and controlling individuals who are required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a background study under chapter 245C, regardless of their licensure status.
- Required actions to take in NETStudy 2.0:
- Entities that have previously submitted background studies for an individual who no longer requires a background study must remove the HLB-licensed study subject from their rosters in NETStudy 2.0 by Aug. 1. DHS recommends removing those individuals as soon as possible in order to minimize disruptions with disqualifications.
- For individuals who have a current background study and who will still require a DHS background check – license applicants, owners, managerial officials and controlling individuals – entities must update each study subject’s position on their roster records no later than Aug. 1, to communicate to DHS the individual’s position.
- For more information about how to update an entity’s roster, review the new instruction guide titled, Instructions for Updating Rosters for Deduplication of Health Care Background Studies, located in the Help section of NETStudy 2.0.
Maltreatment reviews
DHS and each HLB shall enter into a data sharing agreement. The HLBs will provide DHS with a roster list of individuals who have a license issued by the board in active status. Starting Feb. 1, 2023, DHS will conduct maltreatment checks for HLB-licensed individuals with an active license status. DHS will report findings of substantiated maltreatment to the appropriate licensing board. The HLB will be responsible for determining whether to impose disciplinary or corrective action.
Links to session law
This is an overview of the changes to background study requirements for entities impacted by the legislative changes. These are only summaries; please reference the link to session law for the specific requirements.
-
Chapter 98, Article 1, Section 1: Changes to 144.057 stating DHS will no longer conduct background studies on certain individuals, but will continue conducting background studies on license applicants, owners, managerial officials, and controlling individuals regardless of licensure status. Requires entities to remove individuals who meet the requirements of the legislation to separate those individuals from the entity’s roster in NETStudy 2.0.
-
Chapter 98, Article 1, Section 62: Changes to 245C.03 stating DHS will no longer conduct background studies on certain individuals, but will continue conducting background studies on license applicants, owners, managerial officials, and controlling individuals regardless of licensure status. Requires entities to remove individuals who meet the requirements of the legislation to separate those individuals from the entity’s roster in NETStudy 2.0.
-
Chapter 98, Article 1, Section 63: Requires DHS to notify the HLB if an individual licensed by that board is responsible for substantiated maltreatment. Requires the board to determine whether to impose disciplinary or corrective action.
-
Chapter 98, Article 1, Section 64: Removes requirement that DHS include in the substantiated maltreatment notice to the HLB whether DHS would have disqualified the individual if the individual were not regulated by the board.
-
Chapter 98, Article 1, Section 65: Requires DHS and HLBs to enter into a data sharing agreement.
Find the latest information and additional updates for background studies at What's new for background studies.
|
