Terms Used In Minnesota Statutes > Chapter 144A > HEALTH CARE FACILITY GRIEVANCES

• 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

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
• Applicant: means an individual, organization, or government entity, as defined in section 13. See Minnesota Statutes 245A.02
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized agent: means the controlling individual designated by the license holder responsible for communicating with the commissioner of human services on all matters related to this chapter and on whom service of all notices and orders must be made pursuant to section 245A. See Minnesota Statutes 245A.02
• Certification: means the commissioner's written authorization for a license holder licensed by the commissioner of human services or the commissioner of corrections to serve children in a residential program and provide specialized services based on certification standards in Minnesota Rules. See Minnesota Statutes 245A.02
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Controlling individual: means an owner of a program or service provider licensed under this chapter and the following individuals, if applicable:

  (1) each officer of the organization, including the chief executive officer and chief financial officer;

  (2) the individual designated as the authorized agent under section 245A. See Minnesota Statutes 245A.02

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County agency: means the agency designated by the county board of commissioners, human service boards, local social services agencies or multicounty local social services agencies, or departments where those have been established under the law. See Minnesota Statutes 245A.02
• Drop-in child care program: means a nonresidential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month. See Minnesota Statutes 245A.02
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• experience: means paid or unpaid employment:

  (1) caring for children as a teacher, assistant teacher, aide, or student intern:

  (i) in a licensed child care center, a licensed family day care or group family day care, or a Tribally licensed child care program in any United States state or territory; or

  (ii) in a public or nonpublic school;

  (2) caring for children as a staff person or unsupervised volunteer in a certified, license-exempt child care center under chapter 245H; or

  (3) providing direct contact services in a home or residential facility serving children with disabilities that requires a background study under section 245C. See Minnesota Statutes 245A.02

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Monthly: means at least once every calendar month, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonresidential program: means care, supervision, rehabilitation, training or habilitation of a person provided outside the person's own home and provided for fewer than 24 hours a day, including adult day care programs; and substance use disorder or substance abuse programs that are located in a nursing home or hospital and receive public funds for providing substance abuse or substance use disorder treatment services under chapter 254B. See Minnesota Statutes 245A.02
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organization: means a domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, association, voluntary association, and any other legal or commercial entity. See Minnesota Statutes 245A.02
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means an individual or organization that has a direct or indirect ownership interest of five percent or more in a program licensed under this chapter. See Minnesota Statutes 245A.02
• Parent cooperative: means a nonprofit group child care program that is governed by a board that meets regularly and makes all continuing operational decisions about the program. See Minnesota Statutes 245A.02
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
• Personal property: All property that is not real property.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Quarterly: means at least every 90 calendar days, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• residential program: means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a program in an intermediate care facility for four or more persons with developmental disabilities; and substance use disorder or substance abuse programs that are located in a hospital or nursing home and receive public funds for providing substance abuse or substance use disorder treatment services under chapter 254B. See Minnesota Statutes 245A.02
• School age: means a child who is at least five years of age, but is younger than 11 years of age. See Minnesota Statutes 245A.02
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• supervision: means when a program staff person:

  (1) is accountable for the child's care;

  (2) can intervene to protect the health and safety of the child; and

  (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Toddler: means a child who is at least 12 months old but less than 24 months old, except that for purposes of specialized infant and toddler family and group family day care, "toddler" means a child who is at least 12 months old but less than 30 months old. See Minnesota Statutes 245A.02