Information Bulletin 16-05: Housing with Services Establishments with Dementia Programs and/or Assisted Living Settings Dementia Care Training Requirements New Laws Effective January 1, 2016

Information Bulletin 16-05

HWS: Housing With Services: 26

Housing with Services Establishments with Dementia Programs and/or Assisted Living Settings Dementia Care Training Requirements

New Laws Effective January 1, 2016

Purpose

The purpose of this information bulletin is to inform Housing with Services (HWS) Establishments of new state laws effective January 1, 2016 related to dementia training for staff and employees in HWS assisted living settings and HWS establishments with special dementia programs.

Dementia Care Training requirements are located in Minnesota Statute 144D.065.

The HWS laws are located in Chapter 144D.

Implementation

This dementia care training applies to HWS staff and employees in the following HWS establishments:

  • HWS Establishments with Alzheimer's disease special programs or special care units: HWS Establishments with Alzheimer's disease special programs or special care units, and/or that advertise, market, or otherwise promote as providing specialized care for Alzheimer's disease or related disorders under Minnesota Statute 325F.72.
  • HWS Establishments that provide assisted living: HWS Establishments that provide assisted living under Minnesota Chapter 144G, but do not have a special program or special care unit for residents with a diagnosis of probable Alzheimer's disease or related disorders.

Dementia Training Requirements

All HWS employees: Effective January 1, 2016 all staff must have at least two hours of training on topics related to persons with dementia for each 12 months of employment thereafter.

Requirements for staff hired January 1, 2016 and after: Staff hired January 1, 2016 or later, who do not provide direct care* under a home care provider, including maintenance, housekeeping, food service and other staff, must have at least four hours of initial training within 160 working hours of the employment start date on the following topics related to persons with dementia.

Training Topics: Employees must receive training that covers the following topics related to persons with dementia:

  • An explanation of Alzheimer's disease and related disorders.
  • Assistance with activities of daily living.
  • Problem solving with challenging behaviors.
  • Communication skills.

New employees may satisfy the initial dementia training requirements by producing written proof of previously completed required training within the past 18 months.

*Direct-care staff under Minnesota Statute 144D.01 Subd. 3a. means staff and employees who provide home care services listed in section 144A.471, subdivisions 6 and 7.

Documentation and Records

Documentation of the training, the dates conducted and the topics covered must be documented in writing and recorded in the employee's personnel file. MDH has provided an optional form for documenting compliance with these requirements. See attached form.

Consumer Information related to Dementia Care under Minnesota Statutes 144D.065

The HWS establishment shall provide to consumers in written or electronic form related to Dementia Care: 1) a description of the training program, 2) the categories of employees trained, 3) the frequency of training, and 4) the basic topics covered. This information satisfies the disclosure requirements of section 325F.72, subdivision 2, clause (4).

Enforcement

Minnesota Department of Health (MDH) shall review training records for maintenance, housekeeping, and food service staff and other staff not providing direct care working in housing with services settings as part of the HWS registration application and renewal application process in accordance with section 144D.03. The commissioner may also request and review training records at any time during the year.

Fines for noncompliance

Beginning January 1, 2017, MDH may impose a $200 fine for every staff person required to obtain dementia care training who does not have training records to show compliance. Prior to imposing the fine, the HWS Establishment will be allowed two weeks for staff to complete the required training. Fines will be imposed on the HWS establishment for staff who have not met the training requirements. The HWS Establishment must allow for the required training as part of employee and staff duties. Imposition of a fine by the commissioner does not negate the need for the required training. Continued noncompliance with the requirements of sections 144D.065 and 144D.10 may result in revocation or nonrenewal of the housing with services registration.

Public List on MDH Website

After January 1, 2017, the Minnesota Department of Health shall make public the list of all housing with services establishments that have complied with the training requirements.

Technical Assistance and Resources

Technical assistance

From January 1, 2016, to December 31, 2016, the commissioner shall provide technical assistance instead of imposing fines for noncompliance with the training requirements. The commissioner shall also provide information about available training resources.

Training Resources

Training resources are available to meet the training requirements in this law from a variety of sources. One available resource is provided through the Minnesota Act on Alzheimer's collaborative which provides several options.

Please refer to: Act on Alzheimer's

For additional information or if you have questions please contact:
Minnesota Department of Health
Licensing & Certification Program
PO Box 64900,
St. Paul, MN 55164-0900
651-201-4101, toll-free (888)345-0823
Health.fpc-web@state.mn.us

Dementia Care Training for Housing With Services Staff – Optional Form (PDF)


Updated Tuesday, May 17, 2016 at 10:16AM