Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards)

What this rule requires your agency to do

• 1For a person whose behavior poses an immediate risk of physical harm, the license holder must develop and implement a positive support transition plan on the commissioner's forms within the specified timelines (within 30 days of service initiation for new admissions, phased out no later than 11 months from implementation) (subd. 8).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 2The license holder is prohibited from using chemical, mechanical, or manual restraints, time out, seclusion, or any aversive/deprivation procedure as a substitute for adequate staffing, to reduce behavior, as punishment, or for staff convenience; prone restraint and back/chest pressure are prohibited (subd. 5, subd. 6(b)).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 3When it is the owner/lessor/tenant of the service site, the license holder must ensure a safe, hazard-free environment; a staff person trained in basic first aid (and CPR when required in the support plan, with hands-on practice and observed skills assessment) is available whenever persons are present and staff are required; and must follow universal precautions and sanitary practices for infection control (subd. 2).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 4The license holder must obtain written authorization from the person/legal representative and case manager within five working days of service initiation (renewed annually) before assisting with safekeeping of funds or property; a license holder or staff may not accept powers-of-attorney (with narrow exceptions) (subd. 4).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 5The license holder must report the death or serious injury of a person to the person's legal representative/emergency contact and case manager, and to the DHS Licensing Division and the Office of Ombudsman for Mental Health and Developmental Disabilities, within 24 hours (subd. 1(e)).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 6The license holder must report incidents to the person's legal representative or designated emergency contact and case manager within 24 hours of the incident occurring or of discovery, and must conduct an internal review of incident reports of deaths and serious injuries (not reported as maltreatment) and implement a corrective action plan (subd. 1(b),(g)).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 7Within 24 hours of reporting suspected maltreatment under section 626.557 or chapter 260E, the license holder must inform the case manager (unless the case manager is involved) of the report, disclosing the nature of the activity and the agency that received it (subd. 1(d)).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))
• 8The license holder must verbally report the emergency use of manual restraint within 24 hours and ensure written report and internal review are completed per section 245D.061 (subd. 1(h)).(Minnesota Statutes 245D.06 — Protection Standards (HCBS Services Standards))