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Minn. Stat. 245C.03 - Background Study; Individuals to be Studied

MinnesotastatuteMinnesota Department of Human Services (Human Services Background Studies)

What this rule requires your agency to do

  • 1The agency (DHS commissioner) must conduct background studies on applicants, employees who have direct contact with persons served, and all controlling individuals as defined in section 245A.02, subd. 5a. (Minn. Stat. 245C.03, subd. 1)(Minn. Stat. 245C.03, subd. 1)
  • 2The provider must ensure a background study is conducted on individuals providing services who have direct contact (as defined in section 245C.02, subd. 11) with patients and residents in home care agencies licensed under chapter 144A. (Minn. Stat. 245C.03, subd. 5a)(Minn. Stat. 245C.03, subd. 5a)
  • 3The provider of home and community-based waiver services must ensure background studies are conducted on owners with a 5% or greater ownership interest and on operators, employees, and volunteers who have direct contact with people receiving the services. (Minn. Stat. 245C.03, subd. 6)(Minn. Stat. 245C.03, subd. 6)
  • 4The provider must ensure individuals who are disqualified are barred from positions allowing direct contact with or access to patients or residents receiving services. (Minn. Stat. 245C.03, subd. 5a)(Minn. Stat. 245C.03, subd. 5a)

Applies to: home care agencies licensed under Minn. Stat. ch. 144A; home and community-based waiver services providers

Minn. Stat. 245C.03 defines the individuals on whom the DHS commissioner must conduct human services background studies, expressly including individuals with direct contact in home care agencies licensed under ch. 144A and staff/owners of home and community-based waiver service providers.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.