Compiled by the Minnesota Legislative Reference Library
The Office of Health Facility Complaints (OHFC) investigates reports and complaints of health care facilities violating state or federal regulations. State and federal laws authorize anyone to file a complaint about licensed health care facilities with OHFC, including complaints of maltreatment defined under Minnesota Statutes, section 626.5572, as cases of suspected abuse, neglect, financial exploitation, unexplained injuries, and errors as defined in Minnesota Statutes, section 626.5572, subd. 17(c)(5). State law also mandates that allegations of maltreatment (facility reports) against a vulnerable adult or a minor be reported by the licensed health care entity to OHFC or the Common Entry Point (CEP).
The Office of Health Facility Complaints (OHFC) was created by the Legislature in 1976 to review allegations that licensed health care facilities were not complying with standards established by statute and Minnesota Department of Health rules. From 1976 to 1983, the Health Facility Complaints Advisory Task Force served to advise the director of the OHFC in its early days.
With the enactment of the Vulnerable Adults Act (VAA) in 1981, the responsibilities of OHFC were expanded to include investigations into claims of abuse and neglect of residents in licensed health care facilities, and to receive and evaluate incidents reported from facilities that may constitute violations of the VAA.
In November 2017, the Star Tribune reported on "breakdowns in the [Department of Health's] handling of elder abuse allegations" in a five-part series. Governor Mark Dayton announced in December that the Department of Human Services would begin partnering closing with the OHFC and the Health Department to address the caseload of health facility and abuse complaints.
The OHFC is an office within the Department of Health's Health Regulation Division.
The director may appoint a deputy director and one personal secretary to discharge the responsibilities of the office. Any deputy director or personal secretary and all other employees of the office shall be classified employees of the state commissioner of health. The director may delegate to members of the staff any of the authority or duties of the director except the duty of formally making recommendations to the legislature, administrative agencies, health facilities, residential care homes, health care providers, home care providers, and the state commissioner of health. The director shall attempt to include staff persons with expertise in areas such as law, health care, social work, dietary needs, sanitation, financial audits, health-safety requirements as they apply to health facilities, residential care homes, and any other relevant fields. To the extent possible, employees of the office shall meet federal training requirements for health facility surveyors.
Director; term, pleasure of commissioner
The library has the "Annual Report: Minnesota Office of Health Facility Complaints" for 1978-1990 in print.
Please contact a librarian with any questions. The Minnesota Agencies database is a work in progress.