Minnesota laws require individuals and agencies that offer home care services be licensed. Home care services may not be offered nor provided without a valid license (unless the provider is exempted or excluded from licensure. Minnesota Department of Health (MDH)
Review:
State Licensed Home Care Providers (HCP)
The Home Care Licensure within the Health Regulation Division of the Minnesota Department of Health oversees and regulates licensed home care agencies in Minnesota. These activities include:
Home Care Agency Application Materials
UnderstandingHome Care Licensing
Minnesota laws require individuals and agencies that offer home care services be licensed. Home care services may not be offered nor provided without a valid license (unless the provider is exempted or excluded from licensure as addressed below). Information about licensure is provided on this website. MDH encourages parties interested in becoming licensed to review all sections of the Home Care website to become familiar with the requirements of licensure.
Under Minnesota law, a home care provider is defined as an individual, organization, association, corporation, unit of government, or other entity that is regularly engaged in delivering at least one home care service directly in a client’s home for a fee (Minn. Stat. § 144A.43, subdi. 4). To maintain a Basic or Comprehensive Home Care license through MDH, providers must meet this definition by delivering qualifying home care services—as described in Minn. Stat., § 144A.471, subdi. 6 and 7—directly in a client’s home for a fee during each 12-month license period per Minn. Stat. § 144A.472, subd. 3.
Minnesota has two types of home care licenses. The license a home care provider holds depends on the types of services offered. Download the following documents to see the services that are allowed under the basic and comprehensive home care licenses.
To be eligible for a home care license, applicants must have agency-specific policies and procedures in place that address all requirements of Minnesota home care statutes.
Integrated License: Home and Community-Nased Services Designation
Some providers may choose to add a Home and Community-Based Services (HCBS) designation to their home care license. This is referred to as an integrated license. An integrated license allows the licensee to provide basic support services as identified under Minn. Stat. § 245D.03, subd. 1, paragraph (b) under their existing MDH issued home care license. This integration is intended to support home care licensees who are serving home care clients and wish to also offer and provide basic support services as part of a broader care plan.
It is important to understand that the HCBS designation does not substitute the core requirements of a home care license. Licensees must still meet the legal requirements of both the 144A homecare license and the 245D.03 basic supportive services. Providing HCBS basic support services alone do not fulfill the statutory requirement to provide homecare services (for a fee). Licensees who apply for an integrated license but do not provide at least one homecare service to each client will have their (integrated) home care license denied, refused to renew, or revoked.
The home care license is not a substitute pathway for obtaining 245D licensure from the Department of Human Services (DHS), nor is it intended for licensees who wish to offer only 245D basic support services to clients. If your business model does not include the delivery of home care services to each client, you will not meet the requirements for an MDH home care license.
For more information, review the following documents:
Who is excluded or exempt from home came licensure?
Some providers are not required to hold a home care license to provide home care services. Those which are exempt from home care licensure are regulated by other laws and/or licensed under separate licensing bodies. Those which are excluded are either not providing direct home care services or otherwise meet the specific conditions as outlined in statute for exclusion.
Review Minn. Stat. § 144A.471 to see who must hold a home care license. Information about exempt and excluded providers can be found in subdivisions 8 and 9 of this statute.
Exempt providers must comply with the applicable provisions of the home care bill of rights in Minn. Stat, § 144A.44. Excluded individuals and businesses are not required to provide the home care bill of rights.
Home care license applications
Applicants must upload a completed application and all required attachments through the MDH application portal: Facility and Provider Licensing System
If you are also applying for an Integrated License: Home and Community-Based Services (HCBS) Designation, you may submit that application and its supporting documents at the same time as your home care application—or submit it at a later date.
Survey forms
An initial applicant seeking temporary home care licensure must submit the following application fee to the commissioner along with a completed application:
See Minn. Stat. § 144A,484, subd. 8
A license is effective for one year from the effective date.
Initial licenses issued are “temporary” and are effective for up to one year from issuance. Within that first year, MDH will conduct an initial full survey to ensure that the licensee is in substantial compliance with the requirements of home care laws. If, upon the initial full survey, the licensee is found in substantial compliance, a basic or comprehensive license will be issued. If, upon the initial full survey, the licensee is found not in substantial compliance, a license will not be issued.
The time it takes to obtain a license is dependent upon how complete an application is when received by MDH. In addition to the application and the fee, there are many documents that are required to make a complete application. Review the application closely, including the checklist, to be sure you are providing all materials. Home care laws require that MDH review each application to determine the applicant’s knowledge of and compliance with Minnesota home care regulations. We may request additional information or a telephone or in-person meeting with applicants to make this assessment. Once an application is deemed complete MDH has 60 days to issue or deny the temporary license.
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