The article below is a top story from this week's ACTION newsletter—Care Providers of Minnesota's weekly newsletter for members. The newsletter focuses on current legislative issues, regulations, long-term care trends, and other Association news. Each Thursday evening, it is delivered to your inbox. To sign up for ACTION, contact Lisa Foss Olson (952-851-2483). To learn more about membership, visit our Become a Member page.

 


Electronic monitoring update

Doug Beardsley
By Doug Beardsley  |  January 9, 2020  |  All members



In case you missed our email alert sent on December 26, 2019, or last week’s edition of ACTION, here is the important information, with updates, you need for the new electronic monitoring law that went into effect on January 1, 2020!! 

On December 24, 2019, the Minnesota Department of Health (MDH) released consent forms to use when electronic monitoring is conducted by a resident in their room or living unit under Minnesota Statutes § 144.6502. See MDH information bulletin 19-06 “Implementing Consent and Notification for Electronic Monitoring” to view the MDH communication and consent forms:
  • Electronic monitoring resident consent form
  • Electronic monitoring resident representative consent form
  • Electronic monitoring roommate consent form
  • Electronic monitoring roommate representative consent form

Consent forms are required as part of Minnesota’s electronic monitoring law effective January 1, 2020, when a resident wishes to use electronic monitoring in a nursing facility, boarding care home, or housing with services setting with an assisted living designation or dementia unit. MDH has elected to create four versions of consent forms; the correct version to use depends on if the resident is able to consent for himself/herself and if the room or living unit is shared. Residents, and resident representatives, currently using electronic monitoring must complete the appropriate consent form prior to January 1, 2020, to be compliant with the new law. The consent forms must also be used by any resident, or resident representative, installing electronic monitoring after December 31, 2019. Notification requirements are outlined on each form. Providers can find these consent forms, as well as many additional resources regarding Minnesota's new electronic monitoring law on the "Electronic Monitoring" page of the Care Providers of Minnesota website.

Please note—the statute states facilities “must make the notification and consent form available to the residents and inform residents of their option to conduct electronic monitoring of their rooms or private living unit.”

Care Providers of Minnesota continues to dialogue with MDH regarding this new law. Recent communications from MDH contain the following viewpoints shared by MDH:

  • If an electronic monitoring device is in use and proper consent has not been provided or cannot be verified, the facility should physically remove the device from the resident’s private living space
    • Care Providers of Minnesota has previously recommended providers disable the device in these situations, but not remove it, as it is the property of the resident or resident’s representative
  • When a facility checks with the Office of Ombudsman for Long-Term Care (OOLTC) to determine if a consent notice was provided (under the 14-day exception option), the OOLTC will not provide the facility with the date the consent form was signed—making it impossible for the facility to know when the 15th day arrives (the date the resident or resident’s representative must provide the form to the facility)
    • This may result in multiple facility contacts with the OOLTC to verify the electronic monitoring notification is being provided consistent with the law
  • MDH believes a facility cannot write a blanket policy that staff or contractors will not interact with an electronic monitoring device, including if the resident or resident’s representative has placed conditions on the use of the electronic monitoring device
    • MDH appears to indicate that staff or contractors should comply with any conditions consistent with “individualized care” requests—this is a vastly different opinion that we have not heard before

Care Providers of Minnesota is working with legal counsel and others to determine the accuracy of the MDH opinions and determine if technical changes are needed in the law to resolve concerns regarding these interpretations.


Doug Beardsley  |  Vice President of Member Services  |   dbeardsl@careproviders.org  |  952-851-2489


 


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Care Providers of Minnesota is a non-profit membership association with the mission to Empower Members to Performance Excellence. Our 900+ members across Minnesota represent non-profit and for-profit organizations providing services along the full spectrum of post-acute care and long-term services and support. We are the state affiliate for the American Health Care Association/National Center for Assisted Living, and with our national partners we provide solutions for quality care.


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