(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. 245A.042 HOME AND COMMUNITY-BASED SERVICES; ADDITIONAL STANDARDS AND PROCEDURES. Subdivision 1. Standards governing the provision of home and community- based services. Residential and nonresidential programs for persons with disabilities or age 65 and older must obtain a license according to this chapter to provide home and community-based services defined in the federal waiver plans governed by United States Code, title 42, sections 1396 et seq., or the state’s alternative care program according to section 256B.0913, and identified in section 245D.03, subdivision 1. As a condition of licensure, an applicant or license holder must demonstrate and maintain verification of compliance with: (1) licensing requirements under this chapter and chapter 245D; (2) applicable health care program requirements under Minnesota Rules, parts 9505.0170 to 9505.0475 and 9505.2160 to 9505.2245; and (3) provider standards and qualifications identified in the federal waiver plans or the alternative care program. Subd. 2. Modified application procedures. (a) Applicants seeking chapter 245D licensure who meet the following criteria are subject to modified application procedures: (1) the applicant holds a chapter 245B license issued on or before December 31, 2012, at the time of application; (2) the applicant’s chapter 245B license or licenses are in substantial compliance according to the licensing standards in this chapter and chapter 245B; and (3) the commissioner has conducted at least one on-site inspection of the chapter 245B license or licenses within the two-year period before submitting the chapter 245D license application. For purposes of this subdivision, “substantial compliance” means the commissioner has not issued a sanction according to section 245A.07 against any chapter 245B license held by the applicant or made the chapter 245B license or licenses conditional according to section 245A.06 within the 12-month period before submitting the application for chapter 245D licensure. (b) The modified application procedures mean the commissioner must accept the applicant’s attestation of compliance with certain requirements in lieu of providing information to the commissioner for evaluation that is otherwise required when seeking chapter 245D licensure.
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