CRIMES AGAINST VULNERABLE ADULTS; DEFINITIONS.October 30, 2020 9:13 pm Leave your thoughts
Subdivision 1. Scope. As used in sections 609.2325, 609.233, 609.2335, and 609.234, the terms defined in this section have the meanings given.
Subd. 2.Caregiver. “Caregiver” means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.
Subd. 3.Facility. (a) “Facility” means a hospital or other entity required to be licensed under sections 144.50 to 144.58; a nursing home required to be licensed to serve adults under section 144A.02; a home care provider licensed or required to be licensed under sections 144A.43 to 144A.482; a residential or nonresidential facility required to be licensed to serve adults under sections 245A.01 to 245A.16; or a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under sections 256B.0625, subdivision 19a, 256B.0651, 256B.0653, and 256B.0654.
(b) For home care providers and personal care attendants, the term “facility” refers to the provider or person or organization that exclusively offers, provides, or arranges for personal care services, and does not refer to the client’s home or other location at which services are rendered.
Subd. 4.Immediately. “Immediately” means as soon as possible, but no longer than 24 hours from the time of initial knowledge that the incident occurred has been received.
Subd. 5.Legal authority. “Legal authority” includes, but is not limited to:
(1) a fiduciary obligation recognized elsewhere in law, including pertinent regulations;
(2) a contractual obligation; or
(3) documented consent by a competent person.
Subd. 6.Maltreatment. “Maltreatment” means any of the following:
(1) abuse under section 609.2325;
(2) neglect under section 609.233; or
(3) financial exploitation under section 609.2335.
Subd. 7.Operator. “Operator” means any person whose duties and responsibilities evidence actual control of administrative activities or authority for the decision making of or by a facility.
Subd. 8.Person. “Person” means any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal, professional, or commercial entity.
Subd. 9.Report. “Report” means a statement concerning all the circumstances surrounding the alleged or suspected maltreatment, as defined in this section, of a vulnerable adult which are known to the reporter at the time the statement is made.
Subd. 10.Therapeutic conduct. “Therapeutic conduct” means the provision of program services, health care, or other personal care services done in good faith in the interests of the vulnerable adult by: (1) an individual, facility or employee, or person providing services in a facility under the rights, privileges, and responsibilities conferred by state license, certification, or registration; or (2) a caregiver.
§Subd. 11.Vulnerable adult. “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under sections 256B.0625, subdivision 19a, 256B.0651 to 256B.0654, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.
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