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HF 1953

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 02:49pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to health; modifying provisions governing housing with services
establishments and assisted living facilities; amending Minnesota Statutes 2020,
sections 144D.01, subdivision 4; 144D.065; 144G.08, subdivision 7, as amended;
Laws 2019, chapter 60, article 1, section 48.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144D.01, subdivision 4, is amended to read:


Subd. 4.

Housing with services establishment or establishment.

deleted text begin (a)deleted text end "Housing with
services establishment" or "establishment" meansnew text begin an establishment thatnew text end :

(1) deleted text begin an establishment providingdeleted text end new text begin providesnew text end sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or olderdeleted text begin , and offering or providing,deleted text end new text begin ;
new text end

new text begin (2)new text end for a fee,new text begin offers or providesnew text end one or more regularly scheduled health-related services
or two or more regularly scheduled supportive services, whether offered or provided directly
by the establishment or by another entity arranged for by the establishment; deleted text begin ordeleted text end new text begin and
new text end

deleted text begin (2) an establishment that registers under section 144D.025.
 deleted text end

deleted text begin (b) Housing with services establishment does not include:
 deleted text end

deleted text begin (1) a nursing home licensed under chapter 144A;
 deleted text end

deleted text begin (2) a hospital, certified boarding care home, or supervised living facility licensed under
sections 144.50 to 144.56;
 deleted text end

deleted text begin (3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules,
parts 9520.0500 to 9520.0670, or under chapter 245D or 245G;
 deleted text end

deleted text begin (4) a board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
 deleted text end

deleted text begin (5) a family adult foster care home licensed by the Department of Human Services;
 deleted text end

deleted text begin (6) private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
 deleted text end

deleted text begin (7) residential settings for persons with developmental disabilities in which the services
are licensed under chapter 245D;
 deleted text end

deleted text begin (8) a home-sharing arrangement such as when an elderly or disabled person or
single-parent family makes lodging in a private residence available to another person in
exchange for services or rent, or both;
 deleted text end

deleted text begin (9) a duly organized condominium, cooperative, common interest community, or owners'
association of the foregoing where at least 80 percent of the units that comprise the
condominium, cooperative, or common interest community are occupied by individuals
who are the owners, members, or shareholders of the units;
 deleted text end

deleted text begin (10) services for persons with developmental disabilities that are provided under a license
under chapter 245D; or
 deleted text end

deleted text begin (11) a temporary family health care dwelling as defined in sections 394.307 and 462.3593.
 deleted text end

new text begin (3) is:
 new text end

new text begin (i) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless, except for those developments
that market or hold themselves out as assisted living facilities and provide assisted living
services;
 new text end

new text begin (ii) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;
 new text end

new text begin (iii) rental housing designated for occupancy by only elderly or elderly and disabled
residents under United States Code, title 42, section 1437e, or rental housing for qualifying
families under Code of Federal Regulations, title 24, section 983.56; or
 new text end

new text begin (iv) rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
 new text end

Sec. 2.

Minnesota Statutes 2020, section 144D.065, is amended to read:


144D.065 TRAINING IN DEMENTIA CARE REQUIRED.

(a) If a housing with services establishment registered under this chapter has a special
program or special care unit for residents with Alzheimer's disease or other dementias or
advertises, markets, or otherwise promotes the establishment as providing services for
persons with Alzheimer's disease or other dementias, whether in a segregated or general
unit, employees of the establishment and of the establishment's arranged home care provider
must meet the following training requirements:

(1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;

(2) direct-care employees must have completed at least eight hours of initial training on
topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
in clause (1), must be available for consultation with the new employee until the training
requirement is complete. Direct-care employees must have at least two hours of training on
topics related to dementia for each 12 months of employment thereafter;

(3) staff who do not provide direct care, including maintenance, housekeeping, and food
service staff, must have at least four hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date, and must have at
least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and

(4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.

(b) Areas of required training include:

(1) an explanation of Alzheimer's disease and related disorders;

(2) assistance with activities of daily living;

(3) problem solving with challenging behaviors; and

(4) communication skills.

(c) The establishment shall provide to consumers in written or electronic form a
description of the training program, the categories of employees trained, the frequency of
training, and the basic topics covered. This information satisfies the disclosure requirements
of section 325F.72, subdivision 2, clause (4).

deleted text begin (d) Housing with services establishments not included in paragraph (a) that provide
assisted living services under chapter 144G must meet the following training requirements:
 deleted text end

deleted text begin (1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
 deleted text end

deleted text begin (2) direct-care employees must have completed at least four hours of initial training on
topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial four hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or supervisor meeting the requirements
under paragraph (a), clause (1), must be available for consultation with the new employee
until the training requirement is complete. Direct-care employees must have at least two
hours of training on topics related to dementia for each 12 months of employment thereafter;
 deleted text end

deleted text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and food
service staff, must have at least four hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date, and must have at
least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
 deleted text end

deleted text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
 new text end

Sec. 3.

Minnesota Statutes 2020, section 144G.08, subdivision 7, as amended by Laws
2020, Seventh Special Session chapter 1, article 6, section 5, is amended to read:


Subd. 7.

Assisted living facility.

"Assisted living facility" means deleted text begin a facility thatdeleted text end new text begin an
establishment where an operating person or legal entity, either directly or through contract,
business relationship, common ownership, or other arrangement with another person or
entity,new text end provides sleeping accommodations and assisted living services to one or more adultsnew text begin
in the facilitynew text end . Assisted living facility includes assisted living facility with dementia care,
and does not include:

(1) emergency shelter, transitional housing, or any other residential units serving
exclusively or primarily homeless individuals, as defined under section 116L.361;

(2) a nursing home licensed under chapter 144A;

(3) a hospital, certified boarding care, or supervised living facility licensed under sections
144.50 to 144.56;

(4) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts
9520.0500 to 9520.0670, or under chapter 245D or 245G;

(5) services and residential settings licensed under chapter 245A, including adult foster
care and services and settings governed under the standards in chapter 245D;

(6) a private home in which the residents are related by kinship, law, or affinity with the
provider of services;

(7) a duly organized condominium, cooperative, and common interest community, or
owners' association of the condominium, cooperative, and common interest community
where at least 80 percent of the units that comprise the condominium, cooperative, or
common interest community are occupied by individuals who are the owners, members, or
shareholders of the units;

(8) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;

(9) a setting offering services conducted by and for the adherents of any recognized
church or religious denomination for its members exclusively through spiritual means or
by prayer for healing;

(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless, except for those developments
that market or hold themselves out as assisted living facilities and provide assisted living
services;

(11) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;

(12) rental housing designated for occupancy by only elderly or elderly and disabled
residents under United States Code, title 42, section 1437e, or rental housing for qualifying
families under Code of Federal Regulations, title 24, section 983.56;

(13) rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011;

(14) deleted text begin a covered setting as defined in section 325F.721, subdivision 1, paragraph (b)deleted text end new text begin a
housing with services establishment as defined in section 144D.01, subdivision 4new text end ; or

(15) any establishment that exclusively or primarily serves as a shelter or temporary
shelter for victims of domestic or any other form of violence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
 new text end

Sec. 4.

Laws 2019, chapter 60, article 1, section 48, is amended to read:


Sec. 48. REPEALER.

Minnesota Statutes 2018, sections deleted text begin 144D.01; 144D.015; 144D.02; 144D.025;deleted text end 144D.03new text begin ,
subdivision 1anew text end ; deleted text begin 144D.04; 144D.045; 144D.05; 144D.06; 144D.065; 144D.066; 144D.07;
144D.08; 144D.09; 144D.10; 144D.11;deleted text end 144G.01; 144G.02; 144G.03; 144G.04; 144G.05;
and 144G.06, are repealed effective August 1, 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end