Subdivision 1.Establishment; use.

The commissioner‘s establishment and use of systems and records to fulfill the requirements under chapter 245C shall be governed according to section 245C.32, subdivisions 1 and 2.

Subd. 2.National records search.

Terms Used In Minnesota Statutes 245A.041

  • Adult: means a person who is 18 years old or older and who:

    (1) has mental illness, developmental disability, physical disability, or functional impairment; or

    (2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
  • children: includes children by birth or adoption;

    (9) "day" comprises the time from midnight to the next midnight;

    (10) "fiscal year" means the year by or for which accounts are reckoned;

    (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

    (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

    (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

    (14) "minor" means an individual under the age of 18 years;

    (15) "money" means lawful money of the United States;

    (16) "night time" means the time from sunset to sunrise;

    (17) "non compos mentis" refers to an individual of unsound mind;

    (18) "notary" means a notary public;

    (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

    (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

  • Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
  • Foster residence setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
  • License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
  • License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
  • Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44

National records searches shall be governed according to section 245C.32, subdivision 3.

Subd. 3.Record retention; license holder requirements.

(a) A license holder must maintain and store records in a manner that will allow for review by the commissioner as identified in section 245A.04, subdivision 5. The following records must be maintained as specified and in accordance with applicable state or federal law, regulation, or rule:

(1) service recipient records, including verification of service delivery, must be maintained for a minimum of five years following discharge or termination of service;

(2) personnel records must be maintained for a minimum of five years following termination of employment; and

(3) program administration and financial records must be maintained for a minimum of five years from the date the program closes.

(b) A license holder who ceases to provide services must maintain all records related to the licensed program for five years from the date the program closes. The license holder must notify the commissioner of the location where the licensing records will be stored and the name of the person responsible for maintaining the stored records.

(c) If the ownership of a licensed program or service changes, the transferor, unless otherwise provided by law or written agreement with the transferee, is responsible for maintaining, preserving, and making available to the commissioner on demand the license records generated before the date of the transfer.

(d) In the event of a contested case, the license holder must retain records as required in paragraph (a) or until the final agency decision is issued and the conclusion of any related appeal, whichever period is longer.

Subd. 4.Electronic records; license holder use.

A license holder’s use of electronic record keeping or electronic signatures must meet the following requirements:

(1) use of electronic record keeping or electronic signatures does not alter the license holder’s obligations under state or federal law, regulation, or rule;

(2) the license holder must ensure that the use of electronic record keeping does not limit the commissioner’s access to records as specified under section 245A.04, subdivision 5;

(3) upon request, the license holder must assist the commissioner in accessing and copying all records, including encrypted records and electronic signatures; and

(4) the license holder must establish a mechanism or procedure to ensure that:

(i) the act of creating the electronic record or signature is attributable to the license holder, according to section 325L.09;

(ii) the electronic records and signatures are maintained in a form capable of being retained and accurately reproduced;

(iii) the commissioner has access to information that establishes the date and time that data and signatures were entered into the electronic record; and

(iv) the license holder’s use of electronic record keeping or electronic signatures does not compromise the security of the records.

Subd. 5.First date of working in a facility or setting; documentation requirements.

Children’s residential facility and foster residence setting license holders must document the first date that a person who is a background study subject begins working in the license holder’s facility or setting. If the license holder does not maintain documentation of each background study subject’s first date of working in the facility or setting in the license holder’s personnel files, the license holder must provide documentation to the commissioner that contains the first date that each background study subject began working in the license holder’s program upon the commissioner’s request.

Subd. 6.First date of direct contact; documentation requirements.

Except for family child care, family foster care for children, and family adult day services that the license holder provides in the license holder’s residence, license holders must document the first date that a background study subject has direct contact, as defined in section 245C.02, subdivision 11, with a person served by the license holder’s program. Unless this chapter otherwise requires, if the license holder does not maintain the documentation required by this subdivision in the license holder’s personnel files, the license holder must provide the documentation to the commissioner upon the commissioner’s request.