For agency staff
As of August 1, 2022, any individual holding a valid license from a health-related licensing board (HLB) who has also undergone a background check under Minnesota Statutes, section 214.075, (this pertains to those who received full licensure after January 1, 2018) shall not have a background study completed by the commissioner of human services (a NETStudy 2.0 background study). Individuals who are not currently licensed by an HLB and do not meet the conditions under Minnesota Statutes, section 214.057 are still required to complete a NETStudy 2.0 background study in order to be employed at a home care agency.
MDH has created a document to address questions from providers and organizations about these changes, which you can find here: Background Studies for HLB-Licensed Providers FAQ (PDF)
For owners, controlling individuals, and managerial officials
Each application must include documentation of compliance with the background study requirements in Minnesota Statutes, section 144A.476 for the owner and managerial officials.
Prior to a license being issued, a managerial official providing direct contact or a natural person who is an owner with direct ownership interest is required to undergo a background study under Minnesota Statutes, section 144.057.
A license will not be issued if any controlling individual, including a managerial official, has been unsuccessful in having a background study disqualification set aside under Minnesota Statutes, section 144.057 and Minnesota Statutes, chapter 245C.
No person may be involved in the management, operation, or control of an assisted living facility if the person has been disqualified under Minnesota Statutes, chapter 245C.
Definitions
Owner: means a proprietor, a general partner, a limited partner who has five percent or more equity interest in a limited partnership, a person who owns or controls voting stock in a corporation in an amount equal to or greater than five percent of the shares issued and outstanding, or a corporation that owns equity interest in a licensee or applicant for a license. Minnesota Statutes, section 144A.43, subdivision 17.
Managerial official: means an administrator, director, officer, trustee, or employee of a home care provider, however, designated who has the authority to establish or control business policy. Minnesota Statutes, section 144A.43, subdivision 9.
Controlling individual: means an owner of a program or service provider licensed under this chapter and the following individuals, if applicable:
- Each officer of the organization, including the chief executive officer and chief financial officer;
- The individual designated as the authorized agent under section 245A.04, subdivision 1, paragraph (b);
- The individual designated as the compliance officer under section 256B.04, subdivision 21, paragraph (g); and
- Each managerial official whose responsibilities include the direction of the management or policies of a program.
- For purposes of this subdivision, "managerial official" means an individual who has the decision-making authority related to the operation of the program, and the responsibility for the ongoing management of or direction of the policies, services, or employees of the program. A site director who has no ownership interest in the program is not considered to be a managerial official for purposes of this definition.
Minnesota Statutes, section 245A.02, subdivision 5a.
Direct contact: means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to people (clients) served by the program. Minnesota Statutes, section 245C.02, subdivision 11.
Related statutes
