HF 2604

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/15/2020 02:47pm

A bill for an act
relating to health; changing provisions for nursing homes, home care, assisted
living, and consumer protections; appropriating money; amending Minnesota
Statutes 2019 Supplement, sections 144.6502, subdivision 1; 144.6512, by adding
a subdivision; 144A.20, subdivision 4; 144A.291, subdivision 2; 144A.474,
subdivisions 11, 14; 144A.4799, subdivision 1; 144G.07, by adding a subdivision;
144G.08, subdivisions 7, 9, 23, by adding a subdivision; 144G.09, subdivision 3;
144G.10, subdivision 1, by adding a subdivision; 144G.16, subdivision 1;
144G.401; 144G.42, subdivision 9, by adding a subdivision; 144G.45, subdivisions
2, 5, 6; 144G.92, subdivision 5; 144G.9999, subdivision 3; Laws 2019, chapter
60, article 1, sections 45; 46; 48; article 4, section 35; article 5, section 2; proposing
coding for new law in Minnesota Statutes, chapter 144G.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 144.6502, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Commissioner" means the commissioner of health.

(c) "Department" means the Department of Health.

(d) "Electronic monitoring" means the placement and use of an electronic monitoring
device by a resident in the resident's room or private living unit in accordance with this
section.

(e) "Electronic monitoring device" means a camera or other device that captures, records,
or broadcasts audio, video, or both, that is placed in a resident's room or private living unit
and is used to monitor the resident or activities in the room or private living unit.

(f) "Facility" means a facility that is:

(1) licensed as a nursing home under chapter 144A;

(2) licensed as a boarding care home under sections 144.50 to 144.56;

(3) until August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , a housing with services establishment registered under
chapter 144D that is either subject to chapter 144G or has a disclosed special unit under
section 325F.72; or

(4) on or after August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , an assisted living facility.

(g) "Resident" means a person 18 years of age or older residing in a facility.

(h) "Resident representative" means one of the following in the order of priority listed,
to the extent the person may reasonably be identified and located:

(1) a court-appointed guardian;

(2) a health care agent as defined in section 145C.01, subdivision 2; or

(3) a person who is not an agent of a facility or of a home care provider designated in
writing by the resident and maintained in the resident's records on file with the facility.

Sec. 2.

Minnesota Statutes 2019 Supplement, section 144.6512, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 144A.20, subdivision 4, is amended
to read:

Subd. 4.

Assisted living director qualifications; ongoing training.

(a) The Board of
Executives may issue licenses to qualified persons as an assisted living director and shall
approve training and examinations. No license shall be issued to a person as an assisted
living director unless that person:

(1) is eligible for licensure;

(2) has applied for licensure under this subdivision within six months of hire; and

(3) has satisfactorily met standards set by the board or is scheduled to complete the
training in paragraph (b) within one year of hire. The standards shall be designed to assure
that assisted living directors are individuals who, by training or experience, are qualified to
serve as assisted living directors.

(b) In order to be qualified to serve as an assisted living director, an individual must:

(1) have completed an approved training course and passed an examination approved
by the board that is designed to test for competence and that includes assisted living facility
laws in Minnesota;

(2)(i) currently be licensed as a nursing home administrator or have been validated as a
qualified health services executive by the National Association of Long Term Care
Administrator Boards; and

(ii) have core knowledge of assisted living facility laws; or

(3) apply for licensure by July 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , and satisfy one of the following:

(i) have a higher education degree in nursing, social services, or mental health, or another
professional degree with training specific to management and regulatory compliance;

(ii) have at least three years of supervisory, management, or operational experience and
higher education training applicable to an assisted living facility;

(iii) have completed at least 1,000 hours of an executive in training program provided
by an assisted living director licensed under this subdivision; or

(iv) have managed a housing with services establishment operating under assisted living
title protection for at least three years.

(c) An assisted living director must receive at least 30 hours of training every two years
on topics relevant to the operation of an assisted living facility and the needs of its residents.
An assisted living director must maintain records of the training required by this paragraph
for at least the most recent three-year period and must provide these records to Department
of Health surveyors upon request. Continuing education earned to maintain another
professional license, such as a nursing home administrator license, nursing license, social
worker license, mental health professional license, or real estate license, may be used to
satisfy this requirement when the continuing education is relevant to the assisted living
services offered and residents served at the assisted living facility.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2019 Supplement, section 144A.291, subdivision 2, is amended
to read:

Subd. 2.

Amounts.

(a) Fees may not exceed the following amounts but may be adjusted
lower by board direction and are for the exclusive use of the board as required to sustain
board operations. The maximum amounts of fees are:

(1) application for licensure, $200;

(2) for a prospective applicant for a review of education and experience advisory to the
license application, $100, to be applied to the fee for application for licensure if the latter
is submitted within one year of the request for review of education and experience;

(3) state examination, $125;

(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between
January 1 and June 30;

(5) acting deleted text begin administrator deleted text end permit, $400;

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

deleted text begin (9) health services executive initial license, $200;
deleted text end

deleted text begin (10) health services executive renewal license, $200;
deleted text end

deleted text begin (11) deleted text end new text begin (9) new text end reciprocity verification fee, $50;

deleted text begin (12) deleted text end new text begin (10) new text end second shared deleted text begin administrator deleted text end assignment, $250;

deleted text begin (13) deleted text end new text begin (11) new text end continuing education fees:

(i) greater than six hours, $50; and

(ii) seven hours or more, $75;

deleted text begin (14) deleted text end new text begin (12) new text end education review, $100;

deleted text begin (15) deleted text end new text begin (13) new text end fee to a sponsor for review of individual continuing education seminars,
institutes, workshops, or home study courses:

(i) for less than seven clock hours, $30; and

(ii) for seven or more clock hours, $50;

deleted text begin (16) deleted text end new text begin (14) new text end fee to a licensee for review of continuing education seminars, institutes,
workshops, or home study courses not previously approved for a sponsor and submitted
with an application for license renewal:

(i) for less than seven clock hours total, $30; and

(ii) for seven or more clock hours total, $50;

deleted text begin (17) deleted text end new text begin (15) new text end late renewal fee, $75;

deleted text begin (18) deleted text end new text begin (16) new text end fee to a licensee for verification of licensure status and examination scores,
$30;

deleted text begin (19) deleted text end new text begin (17) new text end registration as a registered continuing education sponsor, $1,000; and

deleted text begin (20) deleted text end new text begin (18) new text end mail labels, $75.

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

Sec. 5.

Minnesota Statutes 2019 Supplement, section 144A.474, subdivision 11, is amended
to read:

Subd. 11.

Fines.

(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (b) and imposed
immediately with no opportunity to correct the violation first as follows:

(1) Level 1, no fines or enforcement;

(2) Level 2, a fine of $500 per violation, in addition to any of the enforcement
mechanisms authorized in section 144A.475 for widespread violations;

(3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;

(4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;

(5) for maltreatment violations for which the licensee was determined to be responsible
for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.
A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible
for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury;
and

(6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized
for both surveys and investigations conducted.

When a fine is assessed against a facility for substantiated maltreatment, the commissioner
shall not also impose an immediate fine under this chapter for the same circumstance.

(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:

(1) level of violation:

(i) Level 1 is a violation that has no potential to cause more than a minimal impact on
the client and does not affect health or safety;

(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;

(iii) Level 3 is a violation that harmed a client's health or safety, not including serious
injury, impairment, or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and

(iv) Level 4 is a violation that results in serious injury, impairment, or death;

(2) scope of violation:

(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;

(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and

(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.

(c) If the commissioner finds that the applicant or a home care provider has not corrected
violations by the date specified in the correction order or conditional license resulting from
a survey or complaint investigation, the commissioner shall provide a notice of
noncompliance with a correction order by e-mail to the applicant's or provider's last known
e-mail address. The noncompliance notice must list the violations not corrected.

(d) For every violation identified by the commissioner, the commissioner shall issue an
immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct
the violation in the time specified. The issuance of an immediate fine can occur in addition
to any enforcement mechanism authorized under section 144A.475. The immediate fine
may be appealed as allowed under this subdivision.

(e) The license holder must pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies by paying the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.

(f) A license holder shall promptly notify the commissioner in writing when a violation
specified in the order is corrected. If upon reinspection the commissioner determines that
a violation has not been corrected as indicated by the order, the commissioner may issue a
second fine. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that a second fine has been assessed. The license holder may
appeal the second fine as provided under this subdivision.

(g) A home care provider that has been assessed a fine under this subdivision has a right
to a reconsideration or a hearing under this section and chapter 14.

(h) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder shall be liable for payment of the fine.

(i) In addition to any fine imposed under this section, the commissioner may assess a
penalty amount based on costs related to an investigation that results in a final order assessing
a fine or other enforcement action authorized by this chapter.

(j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated
special revenue account. On an annual basis, the balance in the special revenue account
shall be appropriated to the commissioner to implement the recommendations of the advisory
council established in section 144A.4799.

(k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated
special revenue account and appropriated to the commissioner to provide compensation
according to subdivision 14 to clients subject to maltreatment. A client may choose to receive
compensation from this fund, not to exceed $5,000 for each substantiated finding of
maltreatment, or take civil action. This paragraph expires July 31, deleted text begin 2021 deleted text end new text begin 2022 new text end .

Sec. 6.

Minnesota Statutes 2019 Supplement, section 144A.474, subdivision 14, is amended
to read:

Subd. 14.

Maltreatment compensation fund.

(a) Once a finding of maltreatment for
which the licensee is determined to be responsible is substantiated and any request for
reconsideration, if applicable, is completed, the commissioner shall pay the fine assessed
under subdivision 11, paragraph (a), clause (5), as compensation to the client who was
subject to the maltreatment, if:

(1) the client chooses to receive a compensation payment of either $1,000 or $5,000 as
determined by the fine assessed under subdivision 11, paragraph (a), clause (5), depending
on the level of maltreatment; and

(2) the client accepts payment of compensation under this subdivision as payment in
full and agrees to waive any civil claims, including claims under section 626.557, subdivision
20, arising from the specific maltreatment incident that resulted in the fine.

(b) The commissioner shall notify the client that the client may reject a compensation
payment under this subdivision and instead pursue any civil claims.

(c) Except as provided in paragraph (a), nothing in this subdivision affects the rights
available to clients under section 626.557 or prevents a client from filing a maltreatment
report in the future.

(d) This subdivision expires July 31, deleted text begin 2021 deleted text end new text begin 2022 new text end .

Sec. 7.

Minnesota Statutes 2019 Supplement, section 144A.4799, subdivision 1, is amended
to read:

Subdivision 1.

Membership.

The commissioner of health shall appoint eight persons
to a home care and assisted living program advisory council consisting of the following:

(1) three public members as defined in section 214.02 who shall be persons who are
currently receiving home care services, persons who have received home care services
within five years of the application date, persons who have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;

(2) three Minnesota home care licensees representing basic and comprehensive levels
of licensure who may be a managerial official, an administrator, a supervising registered
nurse, or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing;

(4) one member representing the Office of Ombudsman for Long-Term Care; and

(5) beginning July 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , one member of a county health and human services or
county adult protection office.

Sec. 8.

Minnesota Statutes 2019 Supplement, section 144G.07, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2019 Supplement, section 144G.08, subdivision 7, is amended
to read:

Subd. 7.

Assisted living facility.

"Assisted living facility" means a deleted text begin licensed deleted text end facility that
provides sleeping accommodations and assisted living services to one or more adults.
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; deleted text begin or
deleted text end

(14) a covered setting as defined in section 325F.721, subdivision 1, paragraph (b) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2019 Supplement, section 144G.08, is amended by adding a
subdivision to read:

new text begin Subd. 7a. new text end

new text begin Assisted living facility license. new text end

new text begin "Assisted living facility license" means a
certificate issued by the commissioner under section 144G.10 that authorizes the licensee
to manage, control, and operate an assisted living facility for a specified period of time and
in accordance with the terms of the license and the rules of the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 11.

Minnesota Statutes 2019 Supplement, section 144G.08, subdivision 9, is amended
to read:

Subd. 9.

Assisted living services.

"Assisted living services" includes one or more of
the following:

(1) assisting with dressing, self-feeding, oral hygiene, hair care, grooming, toileting, and
bathing;

(2) providing standby assistance;

(3) providing verbal or visual reminders to the resident to take regularly scheduled
medication, which includes bringing the resident previously set up medication, medication
in original containers, or liquid or food to accompany the medication;

(4) providing verbal or visual reminders to the resident to perform regularly scheduled
treatments and exercises;

(5) preparing deleted text begin modified deleted text end new text begin specialized new text end diets ordered by a licensed health professional;

(6) services of an advanced practice registered nurse, registered nurse, licensed practical
nurse, physical therapist, respiratory therapist, occupational therapist, speech-language
pathologist, dietitian or nutritionist, or social worker;

(7) tasks delegated to unlicensed personnel by a registered nurse or assigned by a licensed
health professional within the person's scope of practice;

(8) medication management services;

(9) hands-on assistance with transfers and mobility;

(10) treatment and therapies;

(11) assisting residents with eating when the residents have complicated eating problems
as identified in the resident record or through an assessment such as difficulty swallowing,
recurrent lung aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed;

(12) providing other complex or specialty health care services; and

(13) supportive services in addition to the provision of at least one of the services listed
in clauses (1) to (12).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2019 Supplement, section 144G.08, subdivision 23, is amended
to read:

Subd. 23.

Direct ownership interest.

"Direct ownership interest" means an individual
or deleted text begin organization deleted text end new text begin legal entity new text end with the possession of at least five percent equity in capital,
stock, or profits of the licensee, or who is a member of a limited liability company of the
licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 13.

Minnesota Statutes 2019 Supplement, section 144G.09, subdivision 3, is amended
to read:

Subd. 3.

Rulemaking authorized.

(a) The commissioner shall adopt rules for all assisted
living facilities that promote person-centered planning and service delivery and optimal
quality of life, and that ensure resident rights are protected, resident choice is allowed, and
public health and safety is ensured.

(b) On July 1, 2019, the commissioner shall begin rulemaking.

(c) The commissioner shall adopt rules that include but are not limited to the following:

(1) staffing appropriate for each licensure category to best protect the health and safety
of residents no matter their vulnerability;

(2) training prerequisites and ongoing training, including dementia care training and
standards for demonstrating competency;

(3) procedures for discharge planning and ensuring resident appeal rights;

(4) initial assessments, continuing assessments, and a uniform assessment tool;

(5) emergency disaster and preparedness plans;

(6) uniform checklist disclosure of services;

(7) a definition of serious injury that results from maltreatment;

(8) conditions and fine amounts for planned closures;

(9) procedures and timelines for the commissioner regarding termination appeals between
facilities and the Office of Administrative Hearings;

(10) establishing base fees and per-resident fees for each category of licensure;

(11) considering the establishment of a maximum amount for any one fee;

(12) procedures for relinquishing an assisted living facility with dementia care license
and fine amounts for noncompliance; and

(13) procedures to efficiently transfer existing housing with services registrants and
home care licensees to the new assisted living facility licensure structure.

(d) The commissioner shall publish the proposed rules by December 31, 2019, and shall
publish deleted text begin final rules deleted text end new text begin the notice of adoption new text end by December 31, deleted text begin 2020 deleted text end new text begin 2021 new text end .

Sec. 14.

Minnesota Statutes 2019 Supplement, section 144G.10, subdivision 1, is amended
to read:

Subdivision 1.

License required.

new text begin (a) new text end Beginning deleted text begin August 1, 2021, no assisted living
facility may operate in Minnesota unless it is licensed under this chapter.
deleted text end

deleted text begin The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law. deleted text end new text begin August
1, 2022, unless licensed under this chapter, no individual, organization, or government entity
may:
new text end

new text begin (1) manage, control, or operate an assisted living facility in Minnesota; or
new text end

new text begin (2) advertise, market, or otherwise promote its facility as providing assisted living
services or specialized care for individuals with Alzheimer's disease or other dementias.
new text end

new text begin (b) The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law.
new text end

new text begin (c) Upon approving an application for an assisted living facility license, the commissioner
shall issue a single assisted living facility license for each facility located at a separate
address, except as provided in paragraph (d).
new text end

new text begin (d) Upon approving an application for an assisted living facility located on a campus
and at the request of the applicant, the commissioner may issue an assisted living facility
license for the campus at the address of the campus' main building. An assisted living facility
license for a campus shall identify the address and licensed resident capacity of each building
located on the campus in which assisted living services are provided.
new text end

new text begin (e) Before any building to be included on a campus advertises, markets, or promotes
itself as providing specialized care for individuals with Alzheimer's disease or other dementias
or a secured dementia care unit, the individual, organization, or government entity must
apply for the assisted living with dementia care level of licensure for that campus license
or apply for a separate assisted living facility with dementia care level of licensure. These
services may not be provided at the building until the license is issued by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 15.

Minnesota Statutes 2019 Supplement, section 144G.10, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Adjacent" means sharing a portion of a legal boundary.
new text end

new text begin (c) "Campus" means an assisted living facility that provides sleeping accommodations
and assisted living services operated by the same licensee in:
new text end

new text begin (1) two or more buildings, each with a separate address, located on the same property
identified by a single property identification number;
new text end

new text begin (2) a single building having two or more addresses, located on the same property,
identified by a single property identification number; or
new text end

new text begin (3) two or more buildings at different addresses, identified by different property
identification numbers, when the buildings are located on adjacent properties.
new text end

new text begin (d) "Campus' main building" means a building designated by the commissioner as the
main building of a campus and to which the commissioner may issue an assisted living
facility license for a campus.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 16.

Minnesota Statutes 2019 Supplement, section 144G.16, subdivision 1, is amended
to read:

Subdivision 1.

Provisional license.

Beginning August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , for new assisted
living facility license applicants, the commissioner shall issue a provisional license from
one of the licensure categories specified in section 144G.10, subdivision 2. A provisional
license is effective for up to one year from the initial effective date of the license, except
that a provisional license may be extended according to subdivisions 2, paragraph (d), and
3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 17.

new text begin [144G.191] ASSISTED LIVING FACILITY LICENSING
IMPLEMENTATION; PROVISIONAL LICENSES; TRANSITION PERIOD FOR
CURRENT PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Provisional licenses. new text end

new text begin (a) Beginning March 1, 2022, applications for
provisional assisted living facility licenses under section 144G.16 may be submitted. No
provisional assisted living facility licenses under this chapter shall be effective prior to
August 1, 2022.
new text end

new text begin (b) Beginning June 1, 2022, no initial housing with services establishment registration
applications shall be accepted under chapter 144D.
new text end

new text begin (c) Beginning June 1, 2022, no temporary comprehensive home care provider license
applications shall be accepted for providers that do not intend to provide home care services
under sections 144A.43 to 144A.484 on or after August 1, 2022.
new text end

new text begin Subd. 2. new text end

new text begin New construction; building permit. new text end

new text begin (a) All prospective assisted living facility
license applicants seeking a license for new construction who have submitted a complete
building permit application to the appropriate building code jurisdiction on or before July
31, 2022, may meet construction requirements in effect when the application was submitted.
new text end

new text begin (b) All prospective assisted living facility license applicants seeking a license for new
construction who have submitted a complete building permit application to the appropriate
building code jurisdiction on or after August 1, 2022, must meet the construction
requirements under section 144G.45.
new text end

new text begin (c) For the purposes of paragraph (a), in areas of jurisdiction where there is no building
code authority, a complete application for an electrical or plumbing permit is acceptable in
lieu of the building permit application.
new text end

new text begin (d) For the purposes of paragraph (a), in jurisdictions where building plan review
applications are separated from building permit applications, a complete application for
plan review is acceptable in lieu of the building permit application.
new text end

new text begin Subd. 3. new text end

new text begin New construction; plan review. new text end

new text begin Beginning March 1, 2022, prospective assisted
living facility license applicants under new construction may submit to the commissioner
plans and specifications described in section 144G.45, subdivision 6, for plan review of the
new construction requirements under section 144G.45.
new text end

new text begin Subd. 4. new text end

new text begin Current comprehensive home care providers; provision of assisted living
services. new text end

new text begin (a) Comprehensive home care providers that do not intend to provide home care
services under chapter 144A on or after August 1, 2022, shall be issued a prorated license
period upon renewal, effective for license renewals beginning on or after September 1,
2021. The prorated license period shall be effective from the provider's current comprehensive
home care license renewal date through July 31, 2022.
new text end

new text begin (b) Comprehensive home care providers with prorated license periods shall pay a prorated
fee based on the number of months the comprehensive home care license is in effect.
new text end

new text begin (c) A comprehensive home care provider using the prorated license period in paragraph
(a), or who otherwise does not intend to provide home care services under chapter 144A
on or after August 1, 2022, must notify the recipients of changes to their home care services
in writing at least 60 days before the expiration of its license, or no later than May 31, 2022,
whichever is earlier. The notice must:
new text end

new text begin (1) state that the provider will no longer be providing home care services under chapter
144A;
new text end

new text begin (2) include the date when the provider will no longer be providing these services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the comprehensive home care provider that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for recipients of home care services who receive home and community-based waiver
services under section 256B.49 and chapter 256S, this written notice must also be provided
to the resident's case manager at the same time that it is provided to the resident.
new text end

new text begin A comprehensive home care provider that obtains an assisted living facility license but does
so under a different business name as a result of reincorporation, and continues to provide
services to the recipient, is not subject to the 60-day notice required under this paragraph.
However, the provider must otherwise provide notice to the recipient as required under
sections 144A.44, 144A.441, and 144A.442, as applicable, and section 144A.4791.
new text end

new text begin Subd. 5. new text end

new text begin Current housing with services establishment registration to an assisted
living facility license; conversion to licensure. new text end

new text begin (a) Beginning January 1, 2022, all current
housing with services establishments registered under chapter 144D and intending to provide
assisted living services on or after August 1, 2022, must apply for an assisted living facility
license under this chapter. The applicant on the assisted living facility license application
may, but need not, be the same as the current housing with services establishment registrant.
new text end

new text begin (b) Notwithstanding the housing with services contract requirements identified in section
144D.04, any existing housing with services establishment registered under chapter 144D
that does not intend to convert its registration to an assisted living facility license under this
chapter must provide written notice to its residents at least 60 days before the expiration of
its registration, or no later than May 31, 2022, whichever is earlier. The notice must:
new text end

new text begin (1) state that the housing with services establishment does not intend to convert to an
assisted living facility;
new text end

new text begin (2) include the date when the housing with services establishment will no longer provide
housing with services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the housing with services establishment that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the state Office of Ombudsman for Long-Term Care and
the Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for residents who receive home and community-based waiver services under section
256B.49 and chapter 256S, the written notice must also be provided to the resident's case
manager at the same time that it is provided to the resident.
new text end

new text begin A housing with services provider that obtains an assisted living facility license, but does so
under a different business name as a result of reincorporation, and continues to provide
services to the recipient, is not subject to the 60-day notice required under this paragraph.
However, the provider must otherwise provide notice to the recipient as required under
sections 144D.04 and 144D.045, as applicable, and section 144D.09.
new text end

new text begin (c) By August 1, 2022, all registered housing with services establishments providing
assisted living as defined in section 144G.01, subdivision 2, prior to August 1, 2022, must
have an assisted living facility license under this chapter.
new text end

new text begin (d) Effective August 1, 2022, any housing with services establishment registered under
chapter 144D that has not converted its registration to an assisted living facility license
under this chapter is prohibited from providing assisted living services.
new text end

new text begin Subd. 6. new text end

new text begin Conversion to assisted living licensure; renewal periods; prorated
licenses. new text end

new text begin (a) Applicants converting from a housing with services establishment registration
under chapter 144D to an assisted living facility license under this chapter must be provided
a new renewal date upon application for an assisted living facility license. The commissioner
shall assign a new, randomly generated renewal date to evenly disperse assisted living
facility license renewal dates throughout a calendar year.
new text end

new text begin (b) Applicants converting from a housing with services establishment registration to an
assisted living facility license that receive new license renewal dates occurring in September
or October shall receive one assisted living facility license upon conversion that is effective
from August 1, 2022, and prorated for 13- or 14-month periods, respectively.
new text end

new text begin (c) Applicants converting from a housing with services establishment registration to an
assisted living facility license that receive new license renewal dates occurring in November
or December must choose one of two options:
new text end

new text begin (1) receive one assisted living facility license upon conversion effective August 1, 2022,
and prorated for 15- or 16-month periods, respectively; or
new text end

new text begin (2) receive one assisted living facility license upon conversion, effective August 1, 2022,
prorated for three- or four-month periods, respectively.
new text end

new text begin (d) Applicants converting from a housing with services establishment registration to an
assisted living facility license that receive new license renewal dates occurring in January
through July shall receive one assisted living facility license upon conversion effective
August 1, 2022, and prorated for five- to 11-month periods, respectively.
new text end

new text begin (e) Applicants converting from a housing with services establishment registration to an
assisted living facility license that receive a new license renewal date occurring in August
shall receive one assisted living facility license upon conversation effective for a full
12-month period.
new text end

new text begin (f) An assisted living facility shall receive its first assisted living facility license renewal
application for a full 12-month effective period approximately 90 days prior to the expiration
of the facility's prorated license.
new text end

new text begin (g) Applicants with a current housing with services establishment registration who intend
to obtain more than one assisted living facility license under this chapter may request that
the commissioner allow all applicable renewal dates to occur on the same date or may
request all applicable renewal dates to occur at different points throughout a calendar year.
new text end

new text begin (h) All prorated licensing fee amounts for applicants converting from a housing with
services establishment to an assisted living facility license must be determined by calculating
the appropriate annual fee based on section 144.122, paragraph (d), and dividing the total
annual fee amount by the number of months the prorated license is effective.
new text end

new text begin Subd. 7. new text end

new text begin Conversion to assisted living licensure; background studies. new text end

new text begin (a) Any
individual listed on an application of a registered housing with services establishment
converting to an assisted living facility license who is not on the existing housing with
services registration and either has a direct ownership interest or is a managerial official is
subject to the background study requirements of section 144.057. No individual may be
involved in the management, operation, or control of an assisted living facility if the
individual has been disqualified under chapter 245C.
new text end

new text begin (b) The commissioner shall not issue a license if any controlling individual, including
a managerial official, has been unsuccessful in having a background study disqualification
set aside under section 144.057 and chapter 245C.
new text end

new text begin (c) If the individual requests reconsideration of a disqualification under section 144.057
or chapter 245C and the commissioner sets aside or rescinds the disqualification, the
individual is eligible to be involved in the management, operation, or control of the assisted
living facility.
new text end

new text begin (d) If an individual has a disqualification under section 245C.15, subdivision 1, and the
disqualification is affirmed, the individual's disqualification is barred from a set aside and
the individual must not be involved in the management, operation, or control of the assisted
living facility.
new text end

new text begin (e) Data collected under this subdivision shall be classified as private data on individuals
under section 13.02, subdivision 12.
new text end

new text begin Subd. 8. new text end

new text begin Changes of ownership; current housing with services establishment
registrations. new text end

new text begin (a) If an applicant converting from a housing with services establishment
registration to an assisted living facility license anticipates a change of ownership transaction
effective on or after August 1, 2022, the applicant must submit an assisted living facility
change of ownership application with the assisted living facility license application and the
assisted living licensure fees in section 144.122, paragraph (d).
new text end

new text begin (b) Applications for changes of ownership under paragraph (a) must be submitted to the
commissioner at least 60 calendar days prior to the anticipated effective date of the sale or
transaction.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin This section expires August 1, 2023.
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. 18.

Minnesota Statutes 2019 Supplement, section 144G.401, is amended to read:

144G.401 PAYMENT FOR SERVICES UNDER DISABILITY WAIVERS.

For new assisted living facilities that did not operate as registered housing with services
establishments prior to August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , home and community-based services under
section 256B.49 are not available when the new facility setting is adjoined to, or on the
same property as, an institution as defined in Code of Federal Regulations, title 42, section
441.301(c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 19.

Minnesota Statutes 2019 Supplement, section 144G.42, subdivision 9, is amended
to read:

Subd. 9.

Tuberculosis prevention and control.

new text begin (a) new text end The facility must establish and
maintain a comprehensive tuberculosis infection control program according to the most
current tuberculosis infection control guidelines issued by the United States Centers for
Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published
in the CDC's Morbidity and Mortality Weekly Report deleted text begin (MMWR) deleted text end . The program must include
a tuberculosis infection control plan that covers all paid and unpaid deleted text begin employees deleted text end new text begin staff new text end ,
contractors, students, and regularly scheduled volunteers. The commissioner shall provide
technical assistance regarding implementation of the guidelines.

new text begin (b) The facility must maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 20.

Minnesota Statutes 2019 Supplement, section 144G.42, is amended by adding a
subdivision to read:

new text begin Subd. 9a. new text end

new text begin Communicable diseases. new text end

new text begin A facility must follow current state requirements
for prevention, control, and reporting of communicable diseases as defined in Minnesota
Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 21.

Minnesota Statutes 2019 Supplement, section 144G.45, subdivision 2, is amended
to read:

Subd. 2.

Fire protection and physical environment.

(a) Each assisted living facility
must deleted text begin have a comprehensive fire protection system that includes deleted text end new text begin comply with the State Fire
Code in Minnesota Rules, chapter 7511, and new text end :

(1) deleted text begin protection throughout by an approved supervised automatic sprinkler system according
to building code requirements established in Minnesota Rules, part 1305.0903, or smoke
detectors in each occupied room installed and maintained in accordance with the National
Fire Protection Association (NFPA) Standard 72 deleted text end new text begin for dwellings or sleeping units, as defined
in the Minnesota State Fire Code: (i) provide smoke alarms in each room used for sleeping
purposes; (ii) provide smoke alarms outside of each separate sleeping area in the immediate
vicinity of bedrooms; (iii) provide smoke alarms on each story within a dwelling unit,
including basements, but not including crawl spaces and unoccupied attics; (iv) where more
than one smoke alarm is required within an individual dwelling unit or sleeping unit,
interconnect all smoke alarms so that actuation of one alarm causes all alarms in the
individual dwelling unit or sleeping unit to operate; and (v) ensure the power supply for
existing smoke alarms complies with the State Fire Code, except that newly introduced
smoke alarms in existing buildings may be battery operated new text end ;

(2) new text begin install new text end portable fire extinguishers deleted text begin installed and deleted text end tested in accordance with the NFPA
Standard 10; and

(3) new text begin keep new text end the physical environment, including walls, floors, ceiling, all furnishings,
grounds, systems, and equipment deleted text begin that is kept deleted text end in a continuous state of good repair and
operation with regard to the health, safety, comfort, and well-being of the residents in
accordance with a maintenance and repair program.

(b) Fire drills in assisted living facilities shall be conducted in accordance with the
residential board and care requirements in the Life Safety Code, except that fire drills in
secured dementia care units shall be conducted in accordance with section 144G.81,
subdivision 2.

(c) Existing construction or elements, including assisted living facilities that were
registered as housing with services establishments under chapter 144D prior to August 1,
deleted text begin 2021 deleted text end new text begin 2022 new text end , shall be permitted to deleted text begin be continued deleted text end new text begin continue new text end in use provided such use does not
constitute a distinct hazard to life. Any existing elements that an authority having jurisdiction
deems a distinct hazard to life must be corrected. The facility must document in the facility's
records any actions taken to comply with a correction order, and must submit to the
commissioner for review and approval prior to correction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 22.

Minnesota Statutes 2019 Supplement, section 144G.45, subdivision 5, is amended
to read:

Subd. 5.

Assisted living facilities; Life Safety Code.

(a) All assisted living facilities
with six or more residents must meet the applicable provisions of the deleted text begin most current deleted text end new text begin 2018 new text end
edition of the NFPA Standard 101, Life Safety Code, Residential Board and Care
Occupancies chapter. The minimum design standard shall be met for all new licenses, new
construction, modifications, renovations, alterations, changes of use, or additions.

(b) If the commissioner decides to update the Life Safety Code for purposes of this
subdivision, the commissioner must notify the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over health care and public safety of
the planned update by January 15 of the year in which the new Life Safety Code will become
effective. Following notice from the commissioner, the new edition shall become effective
for assisted living facilities beginning August 1 of that year, unless provided otherwise in
law. The commissioner shall, by publication in the State Register, specify a date by which
facilities must comply with the updated Life Safety Code. The date by which facilities must
comply shall not be sooner than six months after publication of the commissioner's notice
in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 23.

Minnesota Statutes 2019 Supplement, section 144G.45, subdivision 6, is amended
to read:

Subd. 6.

New construction; plans.

(a) For all new licensure and construction beginning
on or after August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , the following must be provided to the commissioner:

(1) architectural and engineering plans and specifications for new construction must be
prepared and signed by architects and engineers who are registered in Minnesota. Final
working drawings and specifications for proposed construction must be submitted to the
commissioner for review and approval;

(2) final architectural plans and specifications must include elevations and sections
through the building showing types of construction, and must indicate dimensions and
assignments of rooms and areas, room finishes, door types and hardware, elevations and
details of nurses' work areas, utility rooms, toilet and bathing areas, and large-scale layouts
of dietary and laundry areas. Plans must show the location of fixed equipment and sections
and details of elevators, chutes, and other conveying systems. Fire walls and smoke partitions
must be indicated. The roof plan must show all mechanical installations. The site plan must
indicate the proposed and existing buildings, topography, roadways, walks and utility service
lines; and

(3) final mechanical and electrical plans and specifications must address the complete
layout and type of all installations, systems, and equipment to be provided. Heating plans
must include heating elements, piping, thermostatic controls, pumps, tanks, heat exchangers,
boilers, breeching, and accessories. Ventilation plans must include room air quantities,
ducts, fire and smoke dampers, exhaust fans, humidifiers, and air handling units. Plumbing
plans must include the fixtures and equipment fixture schedule; water supply and circulating
piping, pumps, tanks, riser diagrams, and building drains; the size, location, and elevation
of water and sewer services; and the building fire protection systems. Electrical plans must
include fixtures and equipment, receptacles, switches, power outlets, circuits, power and
light panels, transformers, and service feeders. Plans must show location of nurse call signals,
cable lines, fire alarm stations, and fire detectors and emergency lighting.

(b) Unless construction is begun within one year after approval of the final working
drawing and specifications, the drawings must be resubmitted for review and approval.

(c) The commissioner must be notified within 30 days before completion of construction
so that the commissioner can make arrangements for a final inspection by the commissioner.

(d) At least one set of complete life safety plans, including changes resulting from
remodeling or alterations, must be kept on file in the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 24.

Minnesota Statutes 2019 Supplement, section 144G.92, subdivision 5, is amended
to read:

Subd. 5.

Other laws.

Nothing in this section affects the rights new text begin and remedies new text end available
deleted text begin to a resident deleted text end under section 626.557 new text begin , subdivisions 10, 17, and 20 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 25.

Minnesota Statutes 2019 Supplement, section 144G.9999, subdivision 3, is
amended to read:

Subd. 3.

Recommendations.

The task force shall periodically provide recommendations
to the commissioner and the legislature on changes needed to promote safety and quality
improvement practices in long-term care settings and with long-term care providers. The
task force shall meet no fewer than four times per year. The task force shall be established
by July 1, deleted text begin 2020 deleted text end new text begin 2021 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Laws 2019, chapter 60, article 1, section 45, is amended to read:

Sec. 45. TRANSITION PERIOD.

(a) The commissioner shall begin rulemaking on July 1, 2019.

(b) From July 1, 2020, to July 31, deleted text begin 2021 deleted text end new text begin 2022 new text end , the commissioner shall prepare for the
new assisted living facility and assisted living facility with dementia care licensure by hiring
staff, developing forms, and communicating with stakeholders about the new facility
licensing.

(c) Effective August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , all existing housing with services establishments
providing home care services under Minnesota Statutes, chapter 144A, must convert their
registration to licensure under Minnesota Statutes, chapter deleted text begin 144I deleted text end new text begin 144G new text end .

(d) Effective August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end , all new assisted living facilities and assisted living
facilities with dementia care must be licensed by the commissioner.

Sec. 27.

Laws 2019, chapter 60, article 1, section 46, is amended to read:

Sec. 46. PRIORITIZATION OF ENFORCEMENT ACTIVITIES.

Within available appropriations to the commissioner of health for enforcement activities
for fiscal years 2020 deleted text begin and deleted text end new text begin , new text end 2021, new text begin and 2022, new text end the commissioner of health shall prioritize
enforcement activities taken under Minnesota Statutes, section 144A.442.

Sec. 28.

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

Sec. 48. REPEALER.

Minnesota Statutes 2018, sections 144D.01; 144D.015; 144D.02; 144D.025; 144D.03;
144D.04; 144D.045; 144D.05; 144D.06; 144D.065; 144D.066; 144D.07; 144D.08; 144D.09;
144D.10; 144D.11; 144G.01; 144G.02; 144G.03; 144G.04; 144G.05; and 144G.06, are
repealed effective August 1, deleted text begin 2021 deleted text end new text begin 2022 new text end .

Sec. 29.

Laws 2019, chapter 60, article 4, section 35, is amended to read:

Sec. 35. REPEALER.

(a) Minnesota Statutes 2018, section 144A.472, subdivision 4, is repealed July 1, 2019.

(b) Minnesota Statutes 2018, sections 144A.441; and 144A.442, are repealed August 1,
deleted text begin 2021 deleted text end new text begin 2022 new text end .

Sec. 30.

Laws 2019, chapter 60, article 5, section 2, is amended to read:

Sec. 2. COMMISSIONER OF HEALTH.

Subdivision 1.

General fund appropriation.

(a) $9,656,000 in fiscal year 2020 and
$9,416,000 in fiscal year 2021 are appropriated from the general fund to the commissioner
of health to implement regulatory activities relating to vulnerable adults and assisted living
licensure.

(b) Of the amount in paragraph (a), $7,438,000 in fiscal year 2020 and $4,302,000 in
fiscal year 2021 are for improvements to the current regulatory activities, systems, analysis,
reporting, and communications relating to regulation of vulnerable adults. The base for this
appropriation is $5,800,000 in fiscal year 2022 and $5,369,000 in fiscal year 2023.

(c) Of the amount in paragraph (a), $2,218,000 in fiscal year 2020 and $5,114,000 in
fiscal year 2021 are to establish assisted living licensure under Minnesota Statutes, deleted text begin section
144I.01 deleted text end new text begin sections 144G.08 to 144G.9999. The fiscal year 2021 appropriation is available
until June 30, 2023 new text end . This is a onetime appropriation.

Subd. 2.

State government special revenue fund appropriation.

$1,103,000 in fiscal
year 2020 and $1,103,000 in fiscal year 2021 are appropriated from the state government
special revenue fund to improve the frequency of home care provider inspections and to
implement assisted living licensure activities under Minnesota Statutes, deleted text begin section 144I.01 deleted text end new text begin
sections 144G.08 to 144G.9999 new text end . The base for this appropriation is deleted text begin $8,131,000 deleted text end new text begin $1,103,000 new text end
in fiscal year 2022 deleted text begin and $8,339,000 deleted text end new text begin , $8,131,000 new text end in fiscal year 2023 new text begin , $8,339,000 in fiscal
year 2024, and $8,339,000 in fiscal year 2025 new text end .

Subd. 3.

Transfer.

The commissioner shall transfer fine revenue previously deposited
to the state government special revenue fund under Minnesota Statutes, section 144A.474,
subdivision 11, estimated to be $632,000 to a dedicated special revenue account in the state
treasury established for the purposes of implementing the recommendations of the Home
Care Advisory Council under Minnesota Statutes, section 144A.4799.

Sec. 31. new text begin AMENDMENTS TO EFFECTIVE DATES FOR CERTAIN SECTIONS
IN LAWS 2019, CHAPTER 60.
new text end

new text begin (a) Notwithstanding any law to the contrary, the following sections enacted in Laws
2019, chapter 60, and recodified in Minnesota Statutes, chapter 144G, shall be effective
August 1, 2022: article 1, sections 2 to 30, 32 to 39, and 42 to 44; and article 2, sections 1
to 4.
new text end

new text begin (b) Notwithstanding any law to the contrary, the following sections enacted in Laws
2019, chapter 60, shall be effective August 1, 2022: article 1, section 1; and article 4, sections
1 to 4, 13, 14, 31, and 32.
new text end

new text begin (c) Notwithstanding any law to the contrary, Laws 2019, chapter 60, article 1, section
31, shall be effective August 1, 2022, for contracts entered into on or after that date.
new text end

new text begin (d) Notwithstanding any law to the contrary, Laws 2019, chapter 60, article 3, section
3, shall expire July 31, 2022.
new text end

new text begin (e) Notwithstanding any law to the contrary, Laws 2019, chapter 60, article 3, section
4, shall be effective for contracts entered into on or after August 1, 2022.
new text end

new text begin (f) Notwithstanding any law to the contrary, the following sections enacted in Laws
2019, chapter 60, shall be effective July 1, 2021: article 4, sections 6 to 12.
new text end

new text begin (g) Notwithstanding any law to the contrary, Laws 2019, chapter 60, article 4, section
18, shall be effective July 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (f) is effective the day following final enactment.
new text end

Sec. 32. new text begin CONSUMER PROTECTIONS FOR ASSISTED LIVING CLIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Arranged home care provider" has the meaning given in Minnesota Statutes, section
144D.01, subdivision 2a.
new text end

new text begin (c) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision
3.
new text end

new text begin (d) "Client representative" means one of the following in the order of priority listed, to
the extent the person may reasonably be identified and located:
new text end

new text begin (1) a court-appointed guardian acting in accordance with the powers granted to the
guardian under Minnesota Statutes, chapter 524;
new text end

new text begin (2) a conservator acting in accordance with the powers granted to the conservator under
Minnesota Statutes, chapter 524;
new text end

new text begin (3) a health care agent acting in accordance with the powers granted to the health care
agent under Minnesota Statutes, chapter 145C;
new text end

new text begin (4) an attorney-in-fact acting in accordance with the powers granted to the attorney-in-fact
by a written power of attorney under Minnesota Statutes, chapter 523; or
new text end

new text begin (5) a person who:
new text end

new text begin (i) is not an agent of a facility or an agent of a home care provider; and
new text end

new text begin (ii) is designated by the client orally or in writing to act on the client's behalf.
new text end

new text begin (e) "Facility" means:
new text end

new text begin (1) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01
to 144G.07; or
new text end

new text begin (2) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and required to disclose special care status under Minnesota Statutes, section
325F.72.
new text end

new text begin (f) "Home care provider" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 4.
new text end

new text begin (g) "Safe location" means a location that does not place a client's health or safety at risk.
A safe location is not a private home where the occupant is unwilling or unable to care for
the client, a homeless shelter, a hotel, or a motel.
new text end

new text begin (h) "Service plan" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 27.
new text end

new text begin (i) "Services" means services provided to a client by a home care provider according to
a service plan.
new text end

new text begin Subd. 2. new text end

new text begin Prerequisite to termination or nonrenewal of lease, services, or service
plan. new text end

new text begin (a) A facility must schedule and participate in a meeting with the client and the client
representative before:
new text end

new text begin (1) the facility issues a notice of termination of a lease;
new text end

new text begin (2) the facility issues a notice of termination or nonrenewal of all services; or
new text end

new text begin (3) an arranged home care provider issues a notice of termination or nonrenewal of a
service plan.
new text end

new text begin (b) The purposes of the meeting required under paragraph (a) are to:
new text end

new text begin (1) explain in detail the reasons for the proposed termination or nonrenewal; and
new text end

new text begin (2) identify and offer reasonable accommodations or modifications, interventions, or
alternatives to avoid the termination or nonrenewal and enable the client to remain in the
facility, including but not limited to securing services from another home care provider of
the client's choosing. A facility is not required to offer accommodations, modifications,
interventions, or alternatives that fundamentally alter the nature of the operation of the
facility.
new text end

new text begin (c) The meeting required under paragraph (a) must be scheduled to take place at least
seven days before a notice of termination or nonrenewal is issued. The facility must make
reasonable efforts to ensure that the client and the client representative are able to attend
the meeting.
new text end

new text begin (d) The facility must notify the client that the client may invite family members, relevant
health professionals, a representative of the Office of Ombudsman for Long-Term Care, or
other persons of the client's choosing to attend the meeting. For clients who receive home
and community-based waiver services under Minnesota Statutes, section 256B.49, and
Minnesota Statutes, chapter 256S, the facility must notify the client's case manager of the
meeting.
new text end

new text begin Subd. 3. new text end

new text begin Restrictions on lease terminations. new text end

new text begin (a) A facility may not terminate a lease
except as provided in this subdivision.
new text end

new text begin (b) Upon 30 days' prior written notice, a facility may initiate a termination of a lease
only for:
new text end

new text begin (1) nonpayment of rent, provided the facility informs the client that public benefits may
be available and provides contact information for the Senior LinkAge Line under Minnesota
Statutes, section 256.975, subdivision 7. An interruption to a client's public benefits that
lasts for no more than 60 days does not constitute nonpayment; or
new text end

new text begin (2) a violation of a lawful provision of the lease if the client does not cure the violation
within a reasonable amount of time after the facility provides written notice to the client of
the ability to cure. Written notice of the ability to cure may be provided in person or by first
class mail. A facility is not required to provide a client with written notice of the ability to
cure for a violation that threatens the health or safety of the client or another individual in
the facility, or for a violation that constitutes illegal conduct.
new text end

new text begin (c) Upon 15 days' prior written notice, a facility may terminate a lease only if the client
has:
new text end

new text begin (1) engaged in conduct that substantially interferes with the rights, health, or safety of
other clients;
new text end

new text begin (2) engaged in conduct that substantially and intentionally interferes with the safety or
physical health of facility staff; or
new text end

new text begin (3) committed an act listed in Minnesota Statutes, section 504B.171, that substantially
interferes with the rights, health, or safety of other clients.
new text end

new text begin (d) Nothing in this subdivision affects the rights and remedies available to facilities and
clients under Minnesota Statutes, chapter 504B.
new text end

new text begin Subd. 4. new text end

new text begin Restrictions on terminations and nonrenewals of services and service
plans. new text end

new text begin (a) An arranged home care provider may not terminate or fail to renew a service plan
of a client in a facility except as provided in this subdivision.
new text end

new text begin (b) Upon 30 days' prior written notice, an arranged home care provider may initiate a
termination of services for nonpayment if the client does not cure the violation within a
reasonable amount of time after the facility provides written notice to the client of the ability
to cure. An interruption to a client's public benefits that lasts for no more than 60 days does
not constitute nonpayment.
new text end

new text begin (c) Upon 15 days' prior written notice, an arranged home care provider may terminate
or fail to renew a service plan only if:
new text end

new text begin (1) the client has engaged in conduct that substantially interferes with the client's health
or safety;
new text end

new text begin (2) the client's assessed needs exceed the scope of services agreed upon in the service
plan and are not otherwise offered by the arranged home care provider; or
new text end

new text begin (3) extraordinary circumstances exist, causing the arranged home care provider to be
unable to provide the client with the services agreed to in the service plan that are necessary
to meet the client's needs.
new text end

new text begin (d) A violation of paragraph (b) that would make it necessary for the client to move out
of the facility in which the arranged home care provider is providing the services, constitutes
a constructive eviction. A client alleging that an arranged home care provider is terminating
services in violation of paragraph (b) may seek a temporary injunction against the termination
under Minnesota Statutes, section 504B.381. The court may grant a temporary injunction
upon a showing by the client that: (1) there is a genuine issue of material fact as to whether
the arranged home care provider is terminating services in violation of paragraph (b); and
(2) the termination would cause irreparable harm to the client. Upon a grant of a temporary
injunction, the termination shall be automatically stayed while the underlying dispute is
adjudicated in a court of competent jurisdiction. If a client prevails in an action brought
under this paragraph, the client is entitled to reasonable attorney fees and court costs. During
the period of time between the issuance of a temporary injunction and final adjudication of
the underlying dispute, the client is responsible for contracting for those additional services
the client needs from the arranged home care provider or another home care provider, and
for ensuring that the costs for those additional services are covered.
new text end

new text begin Subd. 5. new text end

new text begin Restriction on lease nonrenewals. new text end

new text begin If a facility decides to not renew a client's
lease, the facility must:
new text end

new text begin (1) provide the client with 60 calendar days' notice of the nonrenewal;
new text end

new text begin (2) ensure a coordinated move as provided under subdivision 7;
new text end

new text begin (3) consult and cooperate with the client; the client representative; the case manager of
a client who receives home and community-based waiver services under Minnesota Statutes,
section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and
any other person of the client's choosing, to make arrangements to move the client; and
new text end

new text begin (4) prepare a written plan to prepare for the move.
new text end

new text begin Subd. 6. new text end

new text begin Right to return. new text end

new text begin If a client is absent from a facility for any reason, the facility
shall not refuse to allow a client to return if a lease termination has not been effectuated.
new text end

new text begin Subd. 7. new text end

new text begin Coordinated moves. new text end

new text begin (a) A facility or arranged home care provider, as applicable,
must arrange a coordinated move for a client according to this subdivision if:
new text end

new text begin (1) a facility terminates a lease or closes the facility;
new text end

new text begin (2) an arranged home care provider terminates or does not renew a service plan; or
new text end

new text begin (3) an arranged home care provider reduces or eliminates services to the extent that the
client needs to move.
new text end

new text begin (b) If an event listed in paragraph (a) occurs, the facility or arranged home care provider,
as applicable, must:
new text end

new text begin (1) ensure a coordinated move to a safe location that is appropriate for the client and
that is identified by the facility;
new text end

new text begin (2) ensure a coordinated move to an appropriate service provider identified by the facility,
provided services are still needed and desired by the client; and
new text end

new text begin (3) consult and cooperate with the client; the client representative; the case manager for
a client who receives home and community-based waiver services under Minnesota Statutes,
section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and
any other person of the client's choosing, to make arrangements to move the client.
new text end

new text begin (c) A facility may satisfy the requirements in paragraph (b), clauses (1) and (2), by
moving the client to a different location within the same facility, if appropriate for the client.
new text end

new text begin (d) A client may decline to move to the location the facility identifies or to accept services
from a service provider the facility identifies, and may choose instead to move to a location
of the client's choosing or receive services from a service provider of the client's choosing.
new text end

new text begin (e) Sixty days before the facility or arranged home care provider reduces or eliminates
one or more services for a particular client, the facility must provide written notice of the
reduction or elimination. If the facility, arranged home care provider, client, or client
representative determines that the reduction or elimination of services will force the client
to move to a new location, the facility must ensure a coordinated move in accordance with
this subdivision, and must provide notice to the Office of Ombudsman for Long-Term Care.
new text end

new text begin (f) The facility or arranged home care provider, as applicable, must prepare a relocation
plan to prepare for the move to the new location or service provider.
new text end

new text begin (g) With the client's knowledge and consent, if the client is relocated to another facility
or to a nursing home, or if care is transferred to another service provider, the facility must
timely convey to the new facility, nursing home, or service provider:
new text end

new text begin (1) the client's full name, date of birth, and insurance information;
new text end

new text begin (2) the name, telephone number, and address of the client representative, if any;
new text end

new text begin (3) the client's current, documented diagnoses that are relevant to the services being
provided;
new text end

new text begin (4) the client's known allergies that are relevant to the services being provided;
new text end

new text begin (5) the name and telephone number of the client's physician, if known, and the current
physician orders that are relevant to the services being provided;
new text end

new text begin (6) all medication administration records that are relevant to the services being provided;
new text end

new text begin (7) the most recent client assessment, if relevant to the services being provided; and
new text end

new text begin (8) copies of health care directives, "do not resuscitate" orders, and any guardianship
orders or powers of attorney.
new text end

new text begin Subd. 8. new text end

new text begin No waiver. new text end

new text begin No facility or arranged home care provider may request or require
that a client waive the client's rights or requirements under this section at any time or for
any reason, including as a condition of admission to the facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for contracts entered into on or after
August 1, 2021, and expires July 31, 2022.
new text end

Sec. 33. new text begin APPROPRIATION; BOARD OF EXECUTIVES FOR LONG TERM
SERVICES AND SUPPORTS.
new text end

new text begin $467,000 in fiscal year 2021 is appropriated from the state government special revenue
fund to the Board of Executives for Long Term Services and Supports for operations. The
base for this appropriation is $722,000 in fiscal year 2022 and $742,000 in fiscal year 2023.
new text end