The Minnesota Department of Health (MDH) filed for receivership and has assumed control of a Minneapolis nursing home. This temporary measure will allow operations and management issues to be addressed while the MDH protects resident safety and ensures continued care.
In 2021, MDH had been on-site several times at the Minneapolis nursing home to conduct complaint investigations. Between October 12, 2021, and October 21, 2021, the MDH surveyors cited the Minneapolis nursing home on multiple findings regarding patient care and services. Additionally, MDH found evidence of staff payroll checks being returned due to insufficient funds, and unpaid oxygen, insurance and medication bills. The MDH petitioned the court for permission to assume control of the nursing home through temporary receivership due to concerns that the critical services would not be provided to residents due to the growing list of unpaid bills.
The Minneapolis nursing home has 31 residents and 61 employees. The receivership order was granted on October 22, 2021, to ensure that the residents are safe and continue to receive essential services. The MDH arranged for a professional management organization to serve as the facility’s managing agent during the receivership. The MDH and the temporary management team will help with stabilizing the nursing home’s operations to support staff and to make sure patients receive quality care.
Receiverships, which are authorized by state law, allow regulators to assume control of a nursing home in certain situations where there are serious health and safety concerns for residents. By law, the receivership cannot exceed 18 months. In a receivership, MDH becomes responsible for operations and finances of the nursing home. MDH typically appoints a managing agent to conduct the daily work of managing the facility. The last receivership action by MDH was in 2015.
Compliance Perspective
Issue
Each resident must receive, and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being consistent with the resident’s comprehensive assessment and plan of care. Not providing the necessary care and services to allow each resident the ability to maintain or achieve their highest practicable physical, mental, and psychosocial well-being may be viewed as substandard quality of care which can result in a violation of 42 CFR 483.25 – Quality of Care. Quality of care violations can easily escalate to causing actual harm to a resident or residents which could result in an immediate jeopardy for the facility.
Discussion Points
- Review your policies and procedures for nursing services and other trained disciplines. Update your policies as needed.
- Train appropriate staff on your policies and procedures for nursing services and other trained disciplines policies. Ensure that the trained staff are aware where they can retrieve the policies and procedures for easy reference. Document that the trainings occurred and file the signed documents in each employee’s education file.
- Periodically review medical documentation to ensure that your policies and procedures are being followed.
