July 2009

Information Bulletin 09-11
BC-49
NH-141

Urinary Incontinence: Minnesota State Law Change

Purpose:

The purpose of this information bulletin is to inform providers and Minnesota Department of Health surveyors and investigators of revisions to Minnesota State Law and Nursing Home regulations effective August 1, 2009 related to urinary incontinence (UI).

2009 Minnesota State Session Law Changes:

Minnesota (Sec. 2. Minnesota Statutes 2008, section 144A.04, subdivision 11, is amended to read:

     Subd. 11. Incontinent residents. Notwithstanding Minnesota Rules, part 4658.0520, an incontinent resident must be checked according to a specific time interval written in the resident's treated according to the comprehensive assessment and care plan. The resident's attending physician must authorize in writing any interval longer than two hours unless the resident, if competent, or a family member or legally appointed conservator, guardian, or health care agent of a resident who is not competent, agrees in writing to waive physician involvement in determining this interval, and this waiver is documented in the resident's care plan. MN Session Laws 2009:

Without the strikeout language, Section 144A.04, subdivision 11, as amended reads:

     Subd. 11. Incontinent residents. Notwithstanding Minnesota Rules, part 4658.0520, an incontinent resident must be treated according to the comprehensive assessment and care plan.

Minnesota Nursing Home Licensure regulations may be accessed at:
http://www.revisor.leg.state.mn.us/arule/4658

If you have any questions related to this Information Bulletin, please contact:

Minnesota Department of Health
Compliance Monitoring Division
Licensing and Certification Program
P.O. Box 64900
St. Paul, Minnesota 55164-0900
Telephone (651) 201-4101

Updated Friday, 11-Feb-2011 10:57:22 CST