Information about Starting a Home Care Agency in Minnesota

Understanding Home Care Licensure

Minnesota laws require individuals and agencies that offer home care services be licensed. Home care services may not be offered nor provided without a valid license (unless the provider is exempted or excluded from licensure as addressed below). Information about licensure is provided on this website. MDH encourages parties interested in becoming licensed to review all sections of the Home Care website to become familiar with the requirements of licensure.  

Under Minnesota law, a home care provider is defined as an individual, organization, association, corporation, unit of government, or other entity that is regularly engaged in delivering at least one home care service directly in a client’s home for a fee (Minnesota Statutes, section 144A.43, subdivision 4). To maintain a Basic or Comprehensive Home Care license through MDH, providers must meet this definition by delivering qualifying home care services—as described in Minnesota Statutes, section 144A.471, subdivisions 6 and 7—directly in a client’s home for a fee during each 12-month license period per Minnesota Statutes, section 144A.472, subdivision 3. 

• Home Care Laws

Minnesota has two types of home care licenses. The license a home care provider holds depends on the types of services offered. Download the following documents to see the services that are allowed under the basic and comprehensive home care licenses.

• Statement of Services: Basic Home Care License (PDF)
• Statement of Services: Comprehensive Home Care License (PDF)

To be eligible for a home care license, applicants must have agency-specific policies and procedures in place that address all requirements of Minnesota home care statutes. Review information about MDH’s expectations for policies and procedures, as well as other important and helpful information:

• Expectations for Agency-Specific Policies and Procedures for Home Care Providers 

Integrated License: Home and Community-Based Services Designation

Some providers may choose to add a Home and Community-Based Services (HCBS) designation to their home care license. This is referred to as an integrated license. An integrated license allows the licensee to provide basic support services as identified under Minnesota Statutes, section 245D.03, subdivision 1, paragraph (b) under their existing MDH issued home care license. This integration is intended to support home care licensees who are serving home care clients and wish to also offer and provide basic support services as part of a broader care plan.  

It is important to understand that the HCBS designation does not substitute the core requirements of a home care license. Licensees must still meet the legal requirements of both the 144A homecare license and the 245D.03 basic supportive services. Providing HCBS basic support services alone do not fulfill the statutory requirement to provide homecare services (for a fee). Licensees who apply for an integrated license but do not provide at least one homecare service to each client will have their (integrated) home care license denied, refused to renew, or revoked.  

The home care license is not a substitute pathway for obtaining 245D licensure from the Department of Human Services (DHS), nor is it intended for licensees who wish to offer only 245D basic support services to clients. If your business model does not include the delivery of home care services to each client, you will not meet the requirements for an MDH home care license.

For more information, review the following documents:

• Questions and Answers: Integrated Licensing and the HCBS Designation
• Related Statute: Minnesota Statute 144A.484

Who is excluded or exempt from home care licensure?

Some providers are not required to hold a home care license to provide home care services. Those which are exempt from home care licensure are regulated by other laws and/or licensed under separate licensing bodies. Those which are excluded are either not providing direct home care services or otherwise meet the specific conditions as outlined in statute for exclusion.

Review Minnesota Statutes, section 144A.471 to see who must hold a home care license. Information about exempt and excluded providers can be found in subdivisions 8 and 9 of this statute.

Exempt providers must comply with the applicable provisions of the home care bill of rights in Minnesota Statutes, section 144A.44. Excluded individuals and businesses are not required to provide the home care bill of rights. 

Applications

• Forms for Home Care Providers

Background Studies

All owners, managerial officials, and the named RN or licensed health professional on home care license applications must complete and pass background studies prior to the issuance of a home care license. 

What is the typical processing time for a temporary home care license?

The time it takes to obtain a license is dependent upon how complete an application is when received by MDH. In addition to the application and the fee, there are many documents that are required to make a complete application. Review the application closely, including the checklist, to be sure you are providing all materials. Home care laws require that MDH review each application to determine the applicant’s knowledge of and compliance with Minnesota home care regulations. We may request additional information or a telephone or in-person meeting with applicants to make this assessment. Once an application is deemed complete MDH has 60 days to issue or deny the temporary license. 

Medicare Certification

Licensed home care providers may apply to become Medicare certified home health agencies (HHAs) after being found in substantial compliance with the initial full survey and receiving a comprehensive home care license. Temporary licensees are not eligible for Medicare certification, nor are basic licensees.

Refer to Federal Certification Process for Home Health Agencies on the MDH website for more information.

Home Management Registration

Home management services are different from home care services. Home management includes only these three services:

• Housekeeping
• Meal preparation
• Shopping

If an individual or an agency is providing at least two of those services to a person who is unable to perform these activities due to illness, disability, or physical condition, these providers must be registered with the Minnesota Department of Health. In addition, they must comply with the provisions of the home care bill of rights, and they must attend an orientation session that provides training on the home care bill of rights and on the aging process and the needs and concerns of elderly and disabled persons.

• Related Statute: Minnesota Statute 144A.482

For More Information

Individuals and businesses interested in starting a home care agency are encouraged to review all sections of the Home Care website, including the FAQs for Consumers/Families/Caregivers before submitting an application.

If you have questions call 651-201-4200 or submit an inquiry via the contact us button.