Information Bulletin 92-1
Fines For Uncorrected Deficiencies In Supervised Living Facilities
The Minnesota Department of Health recently completed the rule making process which resulted in a rule which allows the Department to impose penalty assessments for uncorrected deficiencies in Supervised Living Facilities (SLF). These rules, Minnesota Rules Parts 4665.9000 to 4665.9100 became effective on July 13, 1992.
Correction orders received by a facility on or after July 13, 1992, will incur a fine if they remain uncorrected beyond the period allowed for correction.
The new rule covers fines for uncorrected deficiencies of the SLF rules, the Patients and Residents of Health Care Facilities Bill of Rights, the Vulnerable Adults Act and the Minnesota Clean Indoor Air Act. The fines for each can be found as follows:
|Minnesota Rules Parts (Fines Location)|
|Items N and O |
|SLF Rules, MR 4665.0100 to 4665.5600,
See MR Chapter 4665
|4665.9000 to 4665.9060|
|Resident Bill of Rights
|Vulnerable Adults Act
|Clean Indoor Air Act
MS 144.411 to 144.417
Fines for supervised living facilities are assessed per correction order. The rule provides that for each subsequent reinspection where the same violation remains uncorrected, another fine, which is double the amount of the previous fine, will be imposed. See Minnesota Statute 144.653.
How The System Works
- The Minnesota Department of Health (MDH) conducts an inspection. If the facility is in compliance with rules and statutes, this is the end of the process.
- If the facility is not in compliance, MDH issues correction order(s), along with suggested method and time period for correction.
- Reinspection is conducted after the time period has expired. If the corrections have been made, this is the end of the process.
- If the corrections have not been made, MDH issues a Notice of Noncompliance with a Correction Order, which states the amount of the fine. If the licensee requests a hearing, a hearing is conducted in accordance with the Minnesota Administrative Procedure Act. [Note: A licensee is entitled to a hearing on any notice of noncompliance with a correction order, provided that the licensee makes a written request within 15 days of receipt of the notice. A request for a hearing operates as a stay of the payment of the fine during the hearing and review process.] See Minnesota Statute 144.653, subd. 8, Hearings.
- If the licensee did not request a hearing, the licensee is required to pay fine(s) within 15 days of receipt of Notice of Noncompliance. Another reinspection is conducted. If corrections have been made, this is the end of the process.
- If corrections have not been made, another fine is assessed. This fine will double the amount of the previous fine. A hearing may be requested on the subsequent fine and the same hearing process as outlined above is followed.
Any questions on this bulletin should be directed to:
Minnesota Department of Health
Compliance Monitoring Division
Licensing and Certification Section
87 East Seventh Place, Suite 300
St. Paul, Minnesota 55101