State Requires Additional Training
Tuesday, May 16, 2017
Posted by: Mandy Rubenstein
MHCA has been in dialogue with MDH for several months on the interpretation of the HWS statute 144.D effective January 2016 that requires additional dementia training. Existing dementia training requirements for all home care providers can be found at MN Statute 144A.4796 at the end of the document.
It has been MHCA’s understanding the provider that has been named as the ‘arranged’ home care provider of the registered HWS establishment is required to be in compliance with additional hours of dementia training for staff (and their supervisors) that have direct contact with the client. (Dementia training is also required for the HWS staff that have direct contact with the client including housekeeping, maintenance, and dietary staff).
It has come to our attention that MDH is interpreting the statute to include all licensed and certified home care agencies providing services within a registered HWS that markets or advertises themselves as offering ‘assisted living’ or ‘memory care’ to be included in the statutory requirements. This means agencies found not to be in compliance at the time of survey will be cited and a fine of $200 per employee reviewed if the required dementia training has not been completed. Prior to imposing the fine, the commissioner must allow two weeks for staff to complete the required training.
In short, MDH’s interpretation is that all new employees (including contracted staff) hired after January 1, 2016 must have a minimum of 4 or 8 hours of dementia training within either 120 or 160 days of work. Ongoing, each employee providing service to an individual in these settings must have 2 hours of annual training based on the employee’s date of hire. Employees that have been hired prior to January 1, 2016 must have 2 hours of dementia training on an annual basis.
Reference: MN Revisor
MHCA will continue active dialogue with MDH to discuss the intent and interpretation of the current statute.