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Minnesota's Dementia Training Laws
  Which facilities are required to provide dementia training to their employees?

If a nursing home serves persons with Alzheimer’s disease or a related disorder, then it is required to provide dementia-specific training to its staff. Minn. Stat. § 144.6503

 

If a housing with services establishment, at home care provider, or an adult day center markets themselves as providing dementia or memory care, the provider must provide dementia-specific training to its staff.

 

Housing with services: Minn. Stat. § 144D.065

Home care services: Minn. Stat. § 144A.45 Subd. 5

Adult Day Care Facility: Minn. Stat. § 245A.04 Subd. 12

 

Who is required to receive the training?

 

Staff members and their supervisors who directly care for Alzheimer’s patients are required to receive training in dementia care.

 

What are the required areas of training?

 

The direct care staff and their supervisors must be provided with training in the following areas:

·      An explanation of Alzheimer’s disease and related disorders;

·      Assistance with activities of daily living;

·      Problem solving with challenging behaviors; and

·      Communication skills.

 

What are the disclosure requirements?

 

Care providers that are required to train their staff in dementia care also required to provide a description of the training program, the different categories of employees trained, how often the training occurs, and the basic topics that are covered in the training. The disclosure must be either written or in electronic form.



Questions To Ask A Facility When A Loved One Has Alzheimer's
 

Can you give me documentation showing the training that your staff members have received? 

  • Minnesota law states that if an at home care provider, adult day facility, or nursing home advertises or otherwise promotes services for persons with dementia, they must provide documentation of the training that their direct care staff has received.

Were you trained by the Alzheimer’s Association?

  • The Alzheimer’s Association has a dementia training program designed to give direct care staff specialized knowledge and skills to be more productive and deliver a higher quality of dementia care.

What was the format of the training?

  • Was it in person?
  •  Was it by video or brochure?

How often are staff members trained?

 

Which staff members received training?

  • Minnesota law requires all direct care staff and their supervisors to receive dementia training if the nursing home serves persons with Alzheimer’s disease or related disorder
  • Minnesota law requires all direct care staff and their supervisors to receive dementia training if a housing with services establishment, home care provider, or adult day center advertises or promotes services for persons with Alzheimer’s disease or related disorder.

What management and/or medical approaches for behavioral symptoms are being used by the nursing home?

 

How does staff handle residents that have behavioral symptoms? 

 

Is there a separate Dementia Unit?

  • What additional services does the Dementia Unit offer?
  • Does the facility float staff from other units to work on the Dementia Unit at times when staffing may be short?
  • What special activities does the facility offer residents on the Dementia Unit?
  • Does the nursing home have any specific precautions or safety features to protect people with dementia from wandering out of the facility?
  • Are there any special activities that the facility offers the residents on the Dementia Unit or residents with dementia?

Is the staff friendly, available, caring and accommodating to residents and visitors?

 

Talk to a certified nurses assistant (CNA) to determine what training they have received and whether they are happy working there.



Minnesota's Disclosure Laws for Housing with Services Establishments
  Minn. Stat. § 325F.72

What is a housing with services establishment?

 

A housing with services establishment is a facility which offers one or more regularly scheduled health-related services or two or more regularly scheduled supportive services. The most common example of a housing with services establishment is an assisted living facility. Nursing homes and hospitals are not housing with services establishments.

 

What is a housing with services establishment required to disclose?

 

Minnesota law requires that the housing with services establishment disclose in writing the following:

 

·      A statement of establishment’s overall philosophy and how it reflects the special needs of residents with Alzheimer's disease or other dementias;

·      The criteria for determining who may reside in the special care unit;

·      The process used for assessment and establishment of the service plan or agreement, including how the plan is responsive to changes in the resident's condition;

·      Staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;

·      Physical environment as well as design and security features that specifically address the needs of residents with Alzheimer's disease or other dementias;

·      Frequency and type of programs and activities for residents of the special care unit;

·      Involvement of families in resident care and availability of family support programs;

·      Fee schedules for additional services to the residents of the special care unit; and

·      A statement that residents will be given a written notice 30 days prior to changes in the fee schedule.

When is a housing with services establishment required to disclose information relating to Alzheimer’s Disease?

 

If a housing with services establishment provides a secure or special unit for residents that have received a diagnosis of probable Alzheimer’s disease or a related disorder or if the establishment advertises or promotes that it provides care for persons that have Alzheimer’s disease or a related disorder, then that establishment falls under Minnesota’s disclosure requirement law.

 

If a housing with services establishment meets the above requirements, who is the establishment required to provide disclosure to?

 

Housing with services establishments that have a special care unit for Alzheimer’s disease or advertises that it provides care for persons with Alzheimer’s disease or a related disorder must provide a written disclosure to:

 

·      Each person seeking placement in the establishment, or that person’s authorized representative, before an agreement to provide care is made;

·      The Commissioner of Health; and

·      The Office of Ombudsman for Older Minnesotans

 

What if the establishment’s policies change?

 

If the housing with services establishment makes a substantial change to its policies then it must report the changes to the resident, the Commissioner of Health, and the Office of Ombudsman for Older Minnesotans.

 

Who can enforce and monitor the housing with services establishments to ensure that the housing with services establishments are providing this information?

 

The Attorney General’s office may take action against a facility for repeated and intentional violations of the disclosure law. Another option is to contact the Office of Ombudsman for Older Minnesotans for resources and advocacy.





 

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