1.1                          A bill for an act
  1.2             relating to health; requiring disclosure of the form 
  1.3             of care or treatment provided in certain special care 
  1.4             status units; providing penalties and remedies; 
  1.5             amending Minnesota Statutes 2000, sections 144A.4605, 
  1.6             subdivision 4; 144D.03, by adding a subdivision; 
  1.7             144D.04, subdivision 2; 144D.06; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 325F. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 144A.4605, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [LICENSE REQUIRED.] (a) A housing with services 
  1.13  establishment registered under chapter 144D that is required to 
  1.14  obtain a home care license must obtain an assisted living home 
  1.15  care license according to this section or a class A or class E 
  1.16  license according to rule.  A housing with services 
  1.17  establishment that obtains a class E license under this 
  1.18  subdivision remains subject to the payment limitations in 
  1.19  sections 256B.0913, subdivision 5, paragraph (h), and 256B.0915, 
  1.20  subdivision 3, paragraph (g). 
  1.21     (b) A board and lodging establishment registered for 
  1.22  special services as of December 31, 1996, and also registered as 
  1.23  a housing with services establishment under chapter 144D, must 
  1.24  deliver home care services according to sections 144A.43 to 
  1.25  144A.48, and may apply for a waiver from requirements under 
  1.26  Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a 
  1.27  licensed agency under the standards of section 157.17.  Such 
  2.1   waivers as may be granted by the department will expire upon 
  2.2   promulgation of home care rules implementing section 144A.4605. 
  2.3      (c) An adult foster care provider licensed by the 
  2.4   department of human services and registered under chapter 144D 
  2.5   may continue to provide health-related services under its foster 
  2.6   care license until the promulgation of home care rules 
  2.7   implementing this section. 
  2.8      (d) An assisted living home care provider licensed under 
  2.9   this section must comply with the disclosure provisions of 
  2.10  section 325F.691 to the extent they are applicable. 
  2.11     Sec. 2.  Minnesota Statutes 2000, section 144D.03, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 1a.  [REVIEW OF DISCLOSURE REQUIREMENTS.] As part of 
  2.14  the registration process under this chapter, the commissioner 
  2.15  shall examine for accuracy the written disclosure required under 
  2.16  section 325F.691, if applicable. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 144D.04, 
  2.18  subdivision 2, is amended to read: 
  2.19     Subd. 2.  [CONTENTS OF CONTRACT.] An elderly housing with 
  2.20  services contract, which need not be entitled as such to comply 
  2.21  with this section, shall include at least the following elements 
  2.22  in itself or through supporting documents or attachments: 
  2.23     (1) name, street address, and mailing address of the 
  2.24  establishment; 
  2.25     (2) the name and mailing address of the owner or owners of 
  2.26  the establishment and, if the owner or owners is not a natural 
  2.27  person, identification of the type of business entity of the 
  2.28  owner or owners; 
  2.29     (3) the name and mailing address of the managing agent, 
  2.30  through management agreement or lease agreement, of the 
  2.31  establishment, if different from the owner or owners; 
  2.32     (4) the name and address of at least one natural person who 
  2.33  is authorized to accept service on behalf of the owner or owners 
  2.34  and managing agent; 
  2.35     (5) statement describing the registration and licensure 
  2.36  status of the establishment and any provider providing 
  3.1   health-related or supportive services under an arrangement with 
  3.2   the establishment; 
  3.3      (6) term of the contract; 
  3.4      (7) description of the services to be provided to the 
  3.5   resident in the base rate to be paid by resident; 
  3.6      (8) description of any additional services available for an 
  3.7   additional fee from the establishment directly or through 
  3.8   arrangements with the establishment; 
  3.9      (9) fee schedules outlining the cost of any additional 
  3.10  services; 
  3.11     (10) description of the process through which the contract 
  3.12  may be modified, amended, or terminated; 
  3.13     (11) description of the establishment's complaint 
  3.14  resolution process available to residents including the 
  3.15  toll-free complaint line for the office of ombudsman for older 
  3.16  Minnesotans; 
  3.17     (12) the resident's designated representative, if any; 
  3.18     (13) the establishment's referral procedures if the 
  3.19  contract is terminated; 
  3.20     (14) criteria used by the establishment to determine who 
  3.21  may continue to reside in the elderly housing with services 
  3.22  establishment; 
  3.23     (15) billing and payment procedures and requirements; 
  3.24     (16) statement regarding the ability of residents to 
  3.25  receive services from service providers with whom the 
  3.26  establishment does not have an arrangement; and 
  3.27     (17) statement regarding the availability of public funds 
  3.28  for payment for residence or services in the establishment. 
  3.29     Sec. 4.  Minnesota Statutes 2000, section 144D.06, is 
  3.30  amended to read: 
  3.31     144D.06 [OTHER LAWS.] 
  3.32     A housing with services establishment shall obtain and 
  3.33  maintain all other licenses, permits, registrations, or other 
  3.34  governmental approvals required of it in addition to 
  3.35  registration under this chapter.  A housing with services 
  3.36  establishment is subject to the provisions of section 325F.691 
  4.1   and chapter 504B. 
  4.2      Sec. 5.  [325F.691] [DISCLOSURE OF SPECIAL CARE STATUS 
  4.3   REQUIRED.] 
  4.4      Subdivision 1.  [PERSONS TO WHOM DISCLOSURE IS 
  4.5   REQUIRED.] Housing with services establishments, as defined in 
  4.6   sections 144D.01 to 144D.07, that secure, segregate, or provide 
  4.7   a special program or special unit for residents with a diagnosis 
  4.8   of probable Alzheimer's disease or a related disorder or that 
  4.9   advertise, market, or otherwise promote the establishment as 
  4.10  providing specialized care for Alzheimer's disease or a related 
  4.11  disorder are considered a "special care unit."  All special care 
  4.12  units shall provide a written disclosure to the following: 
  4.13     (1) the commissioner of health; 
  4.14     (2) the office of ombudsman for older Minnesotans; and 
  4.15     (3) each person seeking placement within a residence, or 
  4.16  the person's authorized representative, before an agreement to 
  4.17  provide the care is entered into. 
  4.18     Subd. 2.  [CONTENT.] Written disclosure shall include, but 
  4.19  is not limited to, the following: 
  4.20     (1) a statement of the overall philosophy and how it 
  4.21  reflects the special needs of residents with Alzheimer's disease 
  4.22  or other dementias; 
  4.23     (2) the criteria for determining who may reside in the 
  4.24  special care unit; 
  4.25     (3) the process used for assessment and establishment of 
  4.26  the service plan or agreement, including how the plan is 
  4.27  responsive to changes in the resident's condition; 
  4.28     (4) staffing credentials, job description, and staff duties 
  4.29  and availability, including any training specific to dementia; 
  4.30     (5) physical environment as well as design and security 
  4.31  features that specifically address the needs of residents with 
  4.32  Alzheimer's disease or other dementias; 
  4.33     (6) frequency and type of programs and activities for 
  4.34  residents of the special care unit; 
  4.35     (7) involvement of families in resident care and 
  4.36  availability of family support programs; 
  5.1      (8) fee schedules for additional services to the residents 
  5.2   of the special care unit; and 
  5.3      (9) a statement that residents will be given a written 
  5.4   notice 30 days prior to changes in the fee schedule. 
  5.5      Subd. 3.  [DUTY TO UPDATE.] Substantial changes to 
  5.6   disclosures must be reported to the parties listed in 
  5.7   subdivision 1 at the time the change is made. 
  5.8      Subd. 4.  [REMEDY.] The attorney general may seek the 
  5.9   remedies set forth in section 8.31 for repeated or flagrant 
  5.10  violations of this section.  However, no private right of action 
  5.11  may be maintained as provided under section 8.31, subdivision 3a.