Bill Text: MN HF3125 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Office of Health Care Complaints required to investigate complaints against a health maintenance organization, and requiring a family member of the complainant to be interviewed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-17 - Introduction and first reading, referred to Health and Human Services Policy [HF3125 Detail]
Download: Minnesota-2013-HF3125-Introduced.html
1.2relating to health; requiring the Office of Health Care Complaints to investigate
1.3complaints against a health maintenance organization; requiring a family member
1.4of the complainant to be interviewed;amending Minnesota Statutes 2012,
1.5section 144A.53, subdivision 3; Minnesota Statutes 2013 Supplement, section
1.6144A.53, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 144A.53, subdivision 2,
1.9is amended to read:
1.10 Subd. 2. Complaints. (a) The director may receive a complaint from any source
1.11concerning an action of an administrative agency, a health care provider, a home care
1.12provider, a residential care home, or a health facility. The director may require a
1.13complainant to pursue other remedies or channels of complaint open to the complainant
1.14before accepting or investigating the complaint. Investigators are required to interview at
1.15least one family member of thevulnerable adult individual identified in the complaint.
1.16If thevulnerable adult individual is directing his or her own care and does not want
1.17the investigator to contact the family, this information must be documented in the
1.18investigative file.
1.19(b) The director shall receive a complaint from any source concerning an action of
1.20a health maintenance organization, including, but not limited to, a complaint regarding
1.21the quality of patient care. If the director receives a complaint concerning a health
1.22maintenance organization, the director shall complete the investigation of the complaint
1.23within the Office of Health Facility Complaints. This section does not prohibit the health
1.24maintenance organization from continuing to operate an internal complaint system, as
1.25required under section 62D.11.
2.1(b) (c) The director shall keep written records of all complaints and any action
2.2upon them. After completing an investigation of a complaint, the director shall inform
2.3the complainant, the administrative agency having jurisdiction over the subject matter,
2.4the health care provider, the home care provider, the residential care home, the health
2.5maintenance organization, and the health facility of the action taken. Notwithstanding
2.6section 145.64, complainants, including those having made a complaint against a health
2.7maintenance organization, must be provided a copy of the public report upon completion
2.8of the investigation.
2.9 Sec. 2. Minnesota Statutes 2012, section 144A.53, subdivision 3, is amended to read:
2.10 Subd. 3. Recommendations. If, after duly considering a complaint and whatever
2.11material the director deems pertinent, the director determines that the complaint is valid,
2.12the director may recommend that an administrative agency, a health care provider, a
2.13home care provider, a residential care home, a health maintenance organization, or a
2.14health facility should:
2.15(a) Modify or cancel the actions which gave rise to the complaint;
2.16(b) Alter the practice, rule or decision which gave rise to the complaint;
2.17(c) Provide more information about the action under investigation; or
2.18(d) Take any other step which the director considers appropriate.
2.19If the director requests, the administrative agency, a health care provider, a home
2.20care provider, residential care home, or health facility shall, within the time specified,
2.21inform the director about the action taken on a recommendation.
1.3complaints against a health maintenance organization; requiring a family member
1.4of the complainant to be interviewed;amending Minnesota Statutes 2012,
1.5section 144A.53, subdivision 3; Minnesota Statutes 2013 Supplement, section
1.6144A.53, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 144A.53, subdivision 2,
1.9is amended to read:
1.10 Subd. 2. Complaints. (a) The director may receive a complaint from any source
1.11concerning an action of an administrative agency, a health care provider, a home care
1.12provider, a residential care home, or a health facility. The director may require a
1.13complainant to pursue other remedies or channels of complaint open to the complainant
1.14before accepting or investigating the complaint. Investigators are required to interview at
1.15least one family member of the
1.16If the
1.17the investigator to contact the family, this information must be documented in the
1.18investigative file.
1.19(b) The director shall receive a complaint from any source concerning an action of
1.20a health maintenance organization, including, but not limited to, a complaint regarding
1.21the quality of patient care. If the director receives a complaint concerning a health
1.22maintenance organization, the director shall complete the investigation of the complaint
1.23within the Office of Health Facility Complaints. This section does not prohibit the health
1.24maintenance organization from continuing to operate an internal complaint system, as
1.25required under section 62D.11.
2.1
2.2upon them. After completing an investigation of a complaint, the director shall inform
2.3the complainant, the administrative agency having jurisdiction over the subject matter,
2.4the health care provider, the home care provider, the residential care home, the health
2.5maintenance organization, and the health facility of the action taken. Notwithstanding
2.6section 145.64, complainants, including those having made a complaint against a health
2.7maintenance organization, must be provided a copy of the public report upon completion
2.8of the investigation.
2.9 Sec. 2. Minnesota Statutes 2012, section 144A.53, subdivision 3, is amended to read:
2.10 Subd. 3. Recommendations. If, after duly considering a complaint and whatever
2.11material the director deems pertinent, the director determines that the complaint is valid,
2.12the director may recommend that an administrative agency, a health care provider, a
2.13home care provider, a residential care home, a health maintenance organization, or a
2.14health facility should:
2.15(a) Modify or cancel the actions which gave rise to the complaint;
2.16(b) Alter the practice, rule or decision which gave rise to the complaint;
2.17(c) Provide more information about the action under investigation; or
2.18(d) Take any other step which the director considers appropriate.
2.19If the director requests, the administrative agency, a health care provider, a home
2.20care provider, residential care home, or health facility shall, within the time specified,
2.21inform the director about the action taken on a recommendation.
