1.1 	A bill for an act
1.2 	relating to health; establishing requirements for assisted living services; limiting 
1.3 	use of the term assisted living; specifying procedures for terminating services 
1.4 	for assisted living clients; modifying the home care bill of rights for purposes 
1.5 	of assisted living; establishing the Class F home care provider category; 
1.6 	eliminating the Class E assisted living programs license; requiring the provision 
1.7 	of information on assisted living and the legal rights of assisted living clients; 
1.8 	appropriating money;amending Minnesota Statutes 2004, sections 144A.4605; 
1.9 	144D.01, by adding a subdivision; 144D.015; 144D.02; 144D.03, subdivision 
1.10 	2; 144D.04; 144D.05; 144D.065; proposing coding for new law in Minnesota 
1.11 	Statutes, chapters 144A; 144D; proposing coding for new law as Minnesota 
1.12 	Statutes, chapter 144G; repealing Minnesota Rules, part 4668.0215.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. [144A.441] ASSISTED LIVING BILL OF RIGHTS ADDENDUM.
1.15 	Assisted living clients, as defined in section 144G.01, subdivision 3, shall be 
1.16 	provided with the home care bill of rights required by section 144A.44, except that the 
1.17 	home care bill of rights provided to these clients must include the following provision in 
1.18 	place of the provision in section 144A.44, subdivision 1, clause (16): 
1.19 	"(16) the right to reasonable, advance notice of changes in services or charges, 
1.20 	including at least 30 days' advance notice of the termination of a service by a provider, 
1.21 	except in cases where:
1.22 	(i) the recipient of services engages in conduct that alters the conditions of 
1.23 	employment as specified in the employment contract between the home care provider 
1.24 	and the individual providing home care services, or creates an abusive or unsafe work 
1.25 	environment for the individual providing home care services;
2.1 	(ii) an emergency for the informal caregiver or a significant change in the recipient's 
2.2 	condition has resulted in service needs that exceed the current service provider agreement 
2.3 	and that cannot be safely met by the home care provider; or
2.4 	(iii) the provider has not received payment for services, for which at least ten days' 
2.5 	advance notice of the termination of a service shall be provided."

2.6 	EFFECTIVE DATE. This section is effective January 1, 2007.

2.7 	Sec. 2. [144A.442] TERMINATION OF HOME CARE SERVICES FOR 
2.8 	ASSISTED LIVING CLIENTS.
2.9 	If an arranged home care provider, as defined in section 144D.01, subdivision 2a, 
2.10 	who is not also Medicare certified terminates a service agreement or service plan with 
2.11 	an assisted living client, as defined in section 144G.01, subdivision 3, the home care 
2.12 	provider shall provide the assisted living client and the legal or designated representatives 
2.13 	of the client, if any, with a written notice of termination which includes the following 
2.14 	information:
2.15 	(1) the effective date of termination;
2.16 	(2) the reason for termination;
2.17 	(3) without extending the termination notice period, an affirmative offer to meet with 
2.18 	the assisted living client or client representatives within no more than five business days of 
2.19 	the date of the termination notice to discuss the termination;
2.20 	(4) contact information for a reasonable number of other home care providers in 
2.21 	the geographic area of the assisted living client, as required by Minnesota Rules, part 
2.22 	4668.0050;
2.23 	(5) a statement that the provider will participate in a coordinated transfer of the care 
2.24 	of the client to another provider or caregiver, as required by section 144A.44, subdivision 
2.25 	1, clause (17);
2.26 	(6) the name and contact information of a representative of the home care provider 
2.27 	with whom the client may discuss the notice of termination;
2.28 	(7) a copy of the home care bill of rights; and
2.29 	(8) a statement that the notice of termination of home care services by the home care 
2.30 	provider does not constitute notice of termination of the housing with services contract 
2.31 	with a housing with services establishment.

2.32 	EFFECTIVE DATE. This section is effective January 1, 2007.

3.1 	Sec. 3. Minnesota Statutes 2004, section 144A.4605, is amended to read:
3.2 	144A.4605 ASSISTED LIVING HOME CARE CLASS F PROVIDER.
3.3 		Subdivision 1.Definitions. For purposes of this section, the term "assisted 
3.4 	living class F home care provider" means a home care provider who provides nursing 
3.5 	services, delegated nursing services, other services performed by unlicensed personnel, or 
3.6 	central storage of medications solely for residents of one or more housing with services 
3.7 	establishments registered under chapter 144D.
3.8 		Subd. 2.Assisted living Class F home care license established. A home care 
3.9 	provider license category entitled assisted living class F home care provider is hereby 
3.10 	established. A home care provider may obtain an assisted living a class F license if the 
3.11 	program meets the following requirements:
3.12 	(a) nursing services, delegated nursing services, other services performed by 
3.13 	unlicensed personnel, or central storage of medications under the assisted living class 
3.14 	F license are provided solely for residents of one or more housing with services 
3.15 	establishments registered under chapter 144D;
3.16 	(b) unlicensed personnel perform home health aide and home care aide tasks 
3.17 	identified in Minnesota Rules, parts 4668.0100, subparts 1 and 2, and 4668.0110, subpart 1. 
3.18 	Qualifications to perform these tasks shall be established in accordance with subdivision 3;
3.19 	(c) periodic supervision of unlicensed personnel is provided as required by rule;
3.20 	(d) notwithstanding Minnesota Rules, part 4668.0160, subpart 6, item D, client 
3.21 	records shall include:
3.22 	(1) daily records or a weekly summary of home care services provided;
3.23 	(2) documentation each time medications are administered to a client; and
3.24 	(3) documentation on the day of occurrence of any significant change in the client's 
3.25 	status or any significant incident, such as a fall or refusal to take medications.
3.26 	All entries must be signed by the staff providing the services and entered into the 
3.27 	record no later than two weeks after the end of the service day, except as specified in 
3.28 	clauses (2) and (3);
3.29 	(e) medication and treatment orders, if any, are included in the client record and 
3.30 	are renewed at least every 12 months, or more frequently when indicated by a clinical 
3.31 	assessment;
3.32 	(f) the central storage of medications in a housing with services establishment 
3.33 	registered under chapter 144D is managed under a system that is established by a 
3.34 	registered nurse and addresses the control of medications, handling of medications, 
3.35 	medication containers, medication records, and disposition of medications; and
4.1 	(g) in other respects meets the requirements established by rules adopted under 
4.2 	sections  144A.45 to  144A.47. 
4.3 		Subd. 3.Training or competency evaluations required. (a) Unlicensed personnel 
4.4 	must:
4.5 	(1) satisfy the training or competency requirements established by rule under 
4.6 	sections  144A.45 to  144A.47; or 
4.7 	(2) be trained or determined competent by a registered nurse in each task identified 
4.8 	under Minnesota Rules, part 4668.0100, subparts 1 and 2, when offered to clients in a 
4.9 	housing with services establishment as described in paragraphs (b) to (e).
4.10 	(b) Training for tasks identified under Minnesota Rules, part 4668.0100, subparts 
4.11 	1 and 2, shall use a curriculum which meets the requirements in Minnesota Rules, part 
4.12 	4668.0130.
4.13 	(c) Competency evaluations for tasks identified under Minnesota Rules, part 
4.14 	4668.0100, subparts 1 and 2, must be completed and documented by a registered nurse.
4.15 	(d) Unlicensed personnel performing tasks identified under Minnesota Rules, part 
4.16 	4668.0100, subparts 1 and 2, shall be trained or demonstrate competency in the following 
4.17 	topics:
4.18 	(1) an overview of sections  144A.43 to  144A.47 and rules adopted thereunder; 
4.19 	(2) recognition and handling of emergencies and use of emergency services;
4.20 	(3) reporting the maltreatment of vulnerable minors or adults under sections  626.556
4.21 	and  626.557; 
4.22 	(4) home care bill of rights;
4.23 	(5) handling of clients' complaints and reporting of complaints to the Office of 
4.24 	Health Facility Complaints;
4.25 	(6) services of the ombudsman for older Minnesotans;
4.26 	(7) observation, reporting, and documentation of client status and of the care or 
4.27 	services provided;
4.28 	(8) basic infection control;
4.29 	(9) maintenance of a clean, safe, and healthy environment;
4.30 	(10) communication skills;
4.31 	(11) basic elements of body functioning and changes in body function that must be 
4.32 	reported to an appropriate health care professional; and
4.33 	(12) physical, emotional, and developmental needs of clients, and ways to work with 
4.34 	clients who have problems in these areas, including respect for the client, the client's 
4.35 	property, and the client's family.
5.1 	(e) Unlicensed personnel who administer medications must comply with rules 
5.2 	relating to the administration of medications in Minnesota Rules, part 4668.0100, subpart 
5.3 	2, except that unlicensed personnel need not comply with the requirements of Minnesota 
5.4 	Rules, part 4668.0100, subpart 5.
5.5 		Subd. 4.License required. (a) A housing with services establishment registered 
5.6 	under chapter 144D that is required to obtain a home care license must obtain an assisted 
5.7 	living a class F home care license according to this section or a class A or class E B license 
5.8 	according to rule. A housing with services establishment that obtains a class E B license 
5.9 	under this subdivision remains subject to the payment limitations in sections  256B.0913, 
5.10 	subdivision 5f, paragraph (b), and  256B.0915, subdivision 3d. 
5.11 	(b) A board and lodging establishment registered for special services as of December 
5.12 	31, 1996, and also registered as a housing with services establishment under chapter 
5.13 	144D, must deliver home care services according to sections  144A.43 to 144A.47, and 
5.14 	may apply for a waiver from requirements under Minnesota Rules, parts 4668.0002 to 
5.15 	4668.0240, to operate a licensed agency under the standards of section  157.17. Such 
5.16 	waivers as may be granted by the department will expire upon promulgation of home care 
5.17 	rules implementing section  144A.4605. 
5.18 	(c) An adult foster care provider licensed by the Department of Human Services and 
5.19 	registered under chapter 144D may continue to provide health-related services under its 
5.20 	foster care license until the promulgation of home care rules implementing this section.
5.21 	(d) An assisted living (c) A class F home care provider licensed under this section 
5.22 	must comply with the disclosure provisions of section  325F.72 to the extent they are 
5.23 	applicable. 
5.24 		Subd. 5.License fees. The license fees for assisted living class F home care 
5.25 	providers shall be as follows:
5.26 	(1) $125 annually for those providers serving a monthly average of 15 or fewer 
5.27 	clients, and for assisted living class F providers of all sizes during the first year of 
5.28 	operation;
5.29 	(2) $200 annually for those providers serving a monthly average of 16 to 30 clients;
5.30 	(3) $375 annually for those providers serving a monthly average of 31 to 50 clients; 
5.31 	and
5.32 	(4) $625 annually for those providers serving a monthly average of 51 or more 
5.33 	clients.
5.34 		Subd. 6.Waiver. Upon request of the home care provider, the commissioner may 
5.35 	waive the provisions of this section relating to registered nurse duties.

5.36 	EFFECTIVE DATE. This section is effective January 1, 2007.

6.1 	Sec. 4. Minnesota Statutes 2004, section 144D.01, is amended by adding a subdivision 
6.2 	to read:
6.3 		Subd. 2a.Arranged home care provider. "Arranged home care provider" means a 
6.4 	home care provider licensed under Minnesota Rules, chapter 4668, that provides services 
6.5 	to some or all of the residents of a housing with services establishment and that is either 
6.6 	the establishment itself or another entity with which the establishment has an arrangement.

6.7 	EFFECTIVE DATE. This section is effective January 1, 2007.

6.8 	Sec. 5. Minnesota Statutes 2004, section 144D.015, is amended to read:
6.9 	144D.015 ASSISTED LIVING FACILITY OR ASSISTED LIVING 
6.10 	RESIDENCE DEFINITION FOR PURPOSES OF LONG-TERM CARE 
6.11 	INSURANCE.
6.12 	For purposes of consistency with terminology commonly used in long-term 
6.13 	care insurance policies and notwithstanding chapter 144G, a housing with services 
6.14 	establishment that is registered under section  144D.03 and that holds, or contracts makes 
6.15 	arrangements with an individual or entity that holds, a any type of home care license and 
6.16 	all other licenses, permits, registrations, or other governmental approvals legally required 
6.17 	for delivery of the services the establishment offers or provides to its residents, constitutes 
6.18 	an "assisted living facility" or "assisted living residence." 

6.19 	EFFECTIVE DATE. This section is effective January 1, 2007.

6.20 	Sec. 6. Minnesota Statutes 2004, section 144D.02, is amended to read:
6.21 	144D.02 REGISTRATION REQUIRED.
6.22 	No entity may establish, operate, conduct, or maintain an elderly a housing with 
6.23 	services establishment in this state without registering and operating as required in 
6.24 	sections  144D.01 to  144D.06. 

6.25 	EFFECTIVE DATE. This section is effective January 1, 2007.

6.26 	Sec. 7. Minnesota Statutes 2004, section 144D.03, subdivision 2, is amended to read:
6.27 		Subd. 2.Registration information. The establishment shall provide the following 
6.28 	information to the commissioner in order to be registered:
6.29 	(1) the business name, street address, and mailing address of the establishment;
6.30 	(2) the name and mailing address of the owner or owners of the establishment and, if 
6.31 	the owner or owners are not natural persons, identification of the type of business entity 
7.1 	of the owner or owners, and the names and addresses of the officers and members of the 
7.2 	governing body, or comparable persons for partnerships, limited liability corporations, or 
7.3 	other types of business organizations of the owner or owners;
7.4 	(3) the name and mailing address of the managing agent, whether through 
7.5 	management agreement or lease agreement, of the establishment, if different from the 
7.6 	owner or owners, and the name of the on-site manager, if any;
7.7 	(4) verification that the establishment has entered into an elderly a housing with 
7.8 	services contract, as required in section  144D.04, with each resident or resident's 
7.9 	representative; 
7.10 	(5) verification that the establishment is complying with the requirements of section  
7.11 	325F.72, if applicable; 
7.12 	(6) the name and address of at least one natural person who shall be responsible 
7.13 	for dealing with the commissioner on all matters provided for in sections  144D.01 to  
7.14 	144D.06, and on whom personal service of all notices and orders shall be made, and who 
7.15 	shall be authorized to accept service on behalf of the owner or owners and the managing 
7.16 	agent, if any; and 
7.17 	(7) the signature of the authorized representative of the owner or owners or, if 
7.18 	the owner or owners are not natural persons, signatures of at least two authorized 
7.19 	representatives of each owner, one of which shall be an officer of the owner.
7.20 	Personal service on the person identified under clause (6) by the owner or owners in 
7.21 	the registration shall be considered service on the owner or owners, and it shall not be a 
7.22 	defense to any action that personal service was not made on each individual or entity. The 
7.23 	designation of one or more individuals under this subdivision shall not affect the legal 
7.24 	responsibility of the owner or owners under sections  144D.01 to  144D.06. 

7.25 	EFFECTIVE DATE. This section is effective January 1, 2007.

7.26 	Sec. 8. Minnesota Statutes 2004, section 144D.04, is amended to read:
7.27 	144D.04 ELDERLY HOUSING WITH SERVICES CONTRACTS.
7.28 		Subdivision 1.Contract required. No elderly housing with services establishment 
7.29 	may operate in this state unless a written elderly housing with services contract, as defined 
7.30 	in subdivision 2, is executed between the establishment and each resident or resident's 
7.31 	representative and unless the establishment operates in accordance with the terms of the 
7.32 	contract. The resident or the resident's representative shall be given a complete copy of 
7.33 	the contract and all supporting documents and attachments and any changes whenever 
7.34 	changes are made.
8.1 		Subd. 2.Contents of contract. An elderly A housing with services contract, which 
8.2 	need not be entitled as such to comply with this section, shall include at least the following 
8.3 	elements in itself or through supporting documents or attachments:
8.4 	(1) the name, street address, and mailing address of the establishment;
8.5 	(2) the name and mailing address of the owner or owners of the establishment and, if 
8.6 	the owner or owners is not a natural person, identification of the type of business entity 
8.7 	of the owner or owners;
8.8 	(3) the name and mailing address of the managing agent, through management 
8.9 	agreement or lease agreement, of the establishment, if different from the owner or owners;
8.10 	(4) the name and address of at least one natural person who is authorized to accept 
8.11 	service of process on behalf of the owner or owners and managing agent;
8.12 	(5) a statement describing the registration and licensure status of the establishment 
8.13 	and any provider providing health-related or supportive services under an arrangement 
8.14 	with the establishment;
8.15 	(6) the term of the contract;
8.16 	(7) a description of the services to be provided to the resident in the base rate to 
8.17 	be paid by resident;
8.18 	(8) a description of any additional services, including home care services, available 
8.19 	for an additional fee from the establishment directly or through arrangements with the 
8.20 	establishment, and a schedule of fees charged for these services;
8.21 	(9) fee schedules outlining the cost of any additional services;
8.22 	(10) (9)a description of the process through which the contract may be modified, 
8.23 	amended, or terminated;
8.24 	(11) (10) a description of the establishment's complaint resolution process available 
8.25 	to residents including the toll-free complaint line for the Office of Ombudsman for Older 
8.26 	Minnesotans;
8.27 	(12) (11) the resident's designated representative, if any;
8.28 	(13) (12) the establishment's referral procedures if the contract is terminated;
8.29 	(14) criteria (13) requirements of residency used by the establishment to determine 
8.30 	who may reside or continue to reside in the elderly housing with services establishment;
8.31 	(15) (14) billing and payment procedures and requirements;
8.32 	(16) (15)a statement regarding the ability of residents to receive services from 
8.33 	service providers with whom the establishment does not have an arrangement; and
8.34 	(17) (16)a statement regarding the availability of public funds for payment for 
8.35 	residence or services in the establishment; and
9.1 	(17) a statement regarding the availability of and contact information for long- 
9.2 	term care consultation services under section 256B.0911 in the county in which the 
9.3 	establishment is located.
9.4 		Subd. 3.Contracts in permanent files. Elderly Housing with services contracts 
9.5 	and related documents executed by each resident or resident's representative shall be 
9.6 	maintained by the establishment in files from the date of execution until three years after 
9.7 	the contract is terminated. The contracts and the written disclosures required under section  
9.8 	325F.72, if applicable, shall be made available for on-site inspection by the commissioner 
9.9 	upon request at any time. 

9.10 	EFFECTIVE DATE. This section is effective January 1, 2007.

9.11 	Sec. 9. [144D.045] INFORMATION CONCERNING ARRANGED HOME 
9.12 	CARE PROVIDERS.
9.13 	If a housing with services establishment has one or more arranged home care 
9.14 	providers, the establishment shall arrange to have that arranged home care provider deliver 
9.15 	the following information in writing to a prospective resident, prior to the date on which 
9.16 	the prospective resident executes a contract with the establishment or the prospective 
9.17 	resident's move-in date, whichever is earlier:
9.18 	(1) the name, mailing address, and telephone number of the arranged home care 
9.19 	provider;
9.20 	(2) the name and mailing address of at least one natural person who is authorized to 
9.21 	accept service of process on behalf of the entity described in clause (1) ;
9.22 	(3) a description of the process through which a home care service agreement or 
9.23 	service plan between a resident and the arranged home care provider, if any, may be 
9.24 	modified, amended, or terminated;
9.25 	(4) the arranged home care provider's billing and payment procedures and 
9.26 	requirements; and
9.27 	(5) any limits to the services available from the arranged provider.

9.28 	EFFECTIVE DATE. This section is effective January 1, 2007.

9.29 	Sec. 10. Minnesota Statutes 2004, section 144D.05, is amended to read:
9.30 	144D.05 AUTHORITY OF COMMISSIONER.
9.31 	The commissioner shall, upon receipt of information which may indicate the failure 
9.32 	of the elderly housing with services establishment, a resident, a resident's representative, 
9.33 	or a service provider to comply with a legal requirement to which one or more of them 
10.1 	may be subject, make appropriate referrals to other governmental agencies and entities 
10.2 	having jurisdiction over the subject matter. The commissioner may also make referrals 
10.3 	to any public or private agency the commissioner considers available for appropriate 
10.4 	assistance to those involved.
10.5 	The commissioner shall have standing to bring an action for injunctive relief 
10.6 	in the district court in the district in which an establishment is located to compel the 
10.7 	elderly housing with services establishment to meet the requirements of this chapter or 
10.8 	other requirements of the state or of any county or local governmental unit to which the 
10.9 	establishment is otherwise subject. Proceedings for securing an injunction may be brought 
10.10 	by the commissioner through the attorney general or through the appropriate county 
10.11 	attorney. The sanctions in this section do not restrict the availability of other sanctions.

10.12 	EFFECTIVE DATE. This section is effective January 1, 2007.

10.13 	Sec. 11. Minnesota Statutes 2004, section 144D.065, is amended to read:
10.14 	144D.065 ESTABLISHMENTS THAT SERVE PERSONS WITH 
10.15 	ALZHEIMER'S DISEASE OR RELATED DISORDERS.
10.16 	(a) If a housing with services establishment registered under this chapter markets or 
10.17 	otherwise promotes services for persons with Alzheimer's disease or related disorders, 
10.18 	whether in a segregated or general unit, the facility's establishment's direct care staff and 
10.19 	their supervisors must be trained in dementia care.
10.20 	(b) Areas of required training include:
10.21 	(1) an explanation of Alzheimer's disease and related disorders;
10.22 	(2) assistance with activities of daily living;
10.23 	(3) problem solving with challenging behaviors; and
10.24 	(4) communication skills.
10.25 	(c) The establishment shall provide to consumers in written or electronic form a 
10.26 	description of the training program, the categories of employees trained, the frequency 
10.27 	of training, and the basic topics covered. This information satisfies the disclosure 
10.28 	requirements of section  325F.72, subdivision 2, clause (4). 

10.29 	EFFECTIVE DATE. This section is effective January 1, 2007.

10.30 	Sec. 12. [144G.01] DEFINITIONS.
10.31 		Subdivision 1.Scope; other definitions. For purposes of sections 144G.01 to 
10.32 	144G.05, the following definitions apply. In addition, the definitions provided in section 
10.33 	144D.01 also apply to sections 144G.01 to 144G.05.
11.1 		Subd. 2.Assisted living. "Assisted living" means a service or package of services 
11.2 	advertised, marketed, or otherwise described, offered, or promoted using the phrase 
11.3 	"assisted living" either alone or in combination with other words, whether orally or in 
11.4 	writing, and which is subject to the requirements of this chapter.
11.5 		Subd. 3.Assisted living client. "Assisted living client" or "client" means a housing 
11.6 	with services resident who receives assisted living that is subject to the requirements 
11.7 	of this chapter.
11.8 		Subd. 4.Commissioner. "Commissioner" means the commissioner of health.

11.9 	EFFECTIVE DATE. This section is effective January 1, 2007.

11.10 	Sec. 13. [144G.02] ASSISTED LIVING; PROTECTED TITLE; RESTRICTION 
11.11 	ON USE; REGULATORY FUNCTIONS.
11.12 		Subdivision 1.Protected title; restriction on use. No person or entity may use the 
11.13 	phrase "assisted living," whether alone or in combination with other words and whether 
11.14 	orally or in writing, to advertise, market, or otherwise describe, offer, or promote itself, or 
11.15 	any housing, service, service package, or program that it provides within this state, unless 
11.16 	the person or entity is a housing with services establishment that meets the requirements of 
11.17 	this chapter, or is a person or entity that provides some or all components of assisted living 
11.18 	that meet the requirements of this chapter. A person or entity entitled to use the phrase 
11.19 	"assisted living" shall use the phrase only in the context of its participation in assisted 
11.20 	living that meets the requirements of this chapter. A housing with services establishment 
11.21 	offering or providing assisted living that is not made available to residents in all of its 
11.22 	housing units shall identify the number or location of the units in which assisted living 
11.23 	is available, and may not use the term "assisted living" in the name of the establishment 
11.24 	registered with the commissioner under chapter 144D, or in the name the establishment 
11.25 	uses to identify itself to residents or the public.
11.26 		Subd. 2.Authority of commissioner. (a) The commissioner, upon receipt of 
11.27 	information that may indicate the failure of a housing with services establishment, the 
11.28 	arranged home care provider, an assisted living client, or an assisted living client's 
11.29 	representative to comply with a legal requirement to which one or more of the entities may 
11.30 	be subject, shall make appropriate referrals to other governmental agencies and entities 
11.31 	having jurisdiction over the subject matter. The commissioner may also make referrals 
11.32 	to any public or private agency the commissioner considers available for appropriate 
11.33 	assistance to those involved.
11.34 	(b) In addition to the authority with respect to licensed home care providers under 
11.35 	sections 144A.45 and 144A.46 and with respect to housing with services establishments 
12.1 	under chapter 144D, the commissioner shall have standing to bring an action for injunctive 
12.2 	relief in the district court in the district in which a housing with services establishment 
12.3 	is located to compel the housing with services establishment or the arranged home care 
12.4 	provider to meet the requirements of this chapter or other requirements of the state or of 
12.5 	any county or local governmental unit to which the establishment or arranged home care 
12.6 	provider is otherwise subject. Proceedings for securing an injunction may be brought by 
12.7 	the commissioner through the attorney general or through the appropriate county attorney. 
12.8 	The sanctions in this section do not restrict the availability of other sanctions.

12.9 	EFFECTIVE DATE. This section is effective January 1, 2007.

12.10 	Sec. 14. [144G.03] ASSISTED LIVING REQUIREMENTS.
12.11 		Subdivision 1.Verification in annual registration. A registered housing with 
12.12 	services establishment using the phrase "assisted living," pursuant to section 144G.02, 
12.13 	subdivision 1, shall verify to the commissioner in its annual registration pursuant to chapter 
12.14 	144D that the establishment is complying with sections 144G.01 to 144G.05, as applicable.
12.15 		Subd. 2.Minimum requirements for assisted living. (a) Assisted living shall 
12.16 	be provided or made available only to individuals residing in a registered housing with 
12.17 	services establishment. Except as expressly stated in this chapter, a person or entity 
12.18 	offering assisted living may define the available services and may offer assisted living to 
12.19 	all or some of the residents of a housing with services establishment. The services that 
12.20 	comprise assisted living may be provided or made available directly by a housing with 
12.21 	services establishment or by persons or entities with which the housing with services 
12.22 	establishment has made arrangements.
12.23 	(b) A person or entity entitled to use the phrase "assisted living," according to 
12.24 	section 144G.02, subdivision 1, shall do so only with respect to a housing with services 
12.25 	establishment, or a service, service package, or program available within a housing with 
12.26 	services establishment that, at a minimum:
12.27 	(1) provides or makes available health related services under a class A or class F 
12.28 	home care license. At a minimum, health related services must include:
12.29 	(i) assistance with self-administration of medication as defined in Minnesota Rules, 
12.30 	part 4668.0003, subpart 2a, or medication administration as defined in Minnesota Rules, 
12.31 	part 4668.0003, subpart 21a; and
12.32 	(ii) assistance with at least three of the following seven activities of daily living: 
12.33 	bathing, dressing, grooming, eating, transferring, continence care, and toileting. 
13.1 	All health related services shall be provided in a manner that complies with applicable 
13.2 	home care licensure requirements in chapter 144A and Minnesota Rules, chapter 4668, 
13.3 	and with sections 148.171 to 148.285;
13.4 	(2) provides necessary assessments of the physical and cognitive needs of assisted 
13.5 	living clients by a registered nurse, as required by applicable home care licensure 
13.6 	requirements in chapter 144A and Minnesota Rules, chapter 4668, and by sections 
13.7 	148.171 to 148.285;
13.8 	(3) has and maintains a system for delegation of health care activities to unlicensed 
13.9 	assistive health care personnel by a registered nurse, including supervision and evaluation 
13.10 	of the delegated activities as required by applicable home care licensure requirements in 
13.11 	chapter 144A and Minnesota Rules, chapter 4668, and by sections 148.171 to 148.285;
13.12 	(4) provides staff access to an on-call registered nurse 24 hours per day, seven 
13.13 	days per week;
13.14 	(5) has and maintains a system to check on each assisted living client at least daily;
13.15 	(6) provides a means for assisted living clients to request assistance for health and 
13.16 	safety needs 24 hours per day, seven days per week, from the establishment or a person or 
13.17 	entity with which the establishment has made arrangements;
13.18 	(7) has a person or persons available 24 hours per day, seven days per week,  who 
13.19 	is responsible for responding to the requests of assisted living clients for assistance with 
13.20 	health or safety needs, who shall be:
13.21 	(i)	awake;
13.22 	(ii) located in the same building, in an attached building, or on a contiguous campus 
13.23 	with the housing with services establishment in order to respond within a reasonable 
13.24 	amount of time;
13.25 	(iii) capable of communicating with assisted living clients;
13.26 	(iv) capable of recognizing the need for assistance;
13.27 	(v)	capable of providing either the assistance required or summoning the appropriate 
13.28 	assistance; and
13.29 	(vi) capable of following directions;
13.30 	(8) offers to provide or make available at least the following supportive services 
13.31 	to assisted living clients:
13.32 	(i)	two meals per day;
13.33 	(ii) weekly housekeeping;
13.34 	(iii) weekly laundry service;
13.35 	(iv) upon the request of the client, reasonable assistance with arranging for 
13.36 	transportation to medical and social services appointments, and the name of or other 
14.1 	identifying information about the person or persons responsible for providing this 
14.2 	assistance;
14.3 	(v) upon the request of the client, reasonable assistance with accessing community 
14.4 	resources and social services available in the community, and the name of or other 
14.5 	identifying information about the person or persons responsible for providing this 
14.6 	assistance; and
14.7 	(vi) periodic opportunities for socialization; and
14.8 	(9) makes available to all prospective and current assisted living clients information 
14.9 	consistent with the uniform format and the required components adopted by the 
14.10 	commissioner under section 144G.06. This information must be made available beginning 
14.11 	no later than six months after the commissioner makes the uniform format and required 
14.12 	components available to providers according to section 144G.06.
14.13 		Subd. 3.Exemption from awake-staff requirement. A housing with services 
14.14 	establishment that offers or provides assisted living is exempt from the requirement in 
14.15 	subdivision 2, paragraph (b), clause (7), item (i), that the person or persons available and 
14.16 	responsible for responding to requests for assistance must be awake, if the establishment 
14.17 	meets the following requirements:
14.18 	(1) the establishment has a maximum capacity to serve 12 or fewer assisted living 
14.19 	clients;
14.20 	(2) the person or persons available and responsible for responding to requests for 
14.21 	assistance are physically present within the housing with services establishment in which 
14.22 	the assisted living clients reside;
14.23 	(3) the establishment has a system in place that is compatible with the health, safety, 
14.24 	and welfare of the establishment's assisted living clients;
14.25 	(4) the establishment's housing with services contract, as required by section 
14.26 	144D.04, includes a statement disclosing the establishment's qualification for, and 
14.27 	intention to rely upon, this exemption;
14.28 	(5) the establishment files with the commissioner, for purposes of public information 
14.29 	but not review or approval by the commissioner, a statement describing how the 
14.30 	establishment meets the conditions in clauses (1) to (4), and makes a copy of this statement 
14.31 	available to actual and prospective assisted living clients; and 
14.32 	(6) the establishment indicates on its housing with services registration, under 
14.33 	section 144D.02 or 144D.03, as applicable, that it qualifies for and intends to rely upon the 
14.34 	exemption under this subdivision.
14.35 		Subd. 4.Nursing assessment. (a) A housing with services establishment offering or 
14.36 	providing assisted living shall:
15.1 	(1) offer to have the arranged home care provider conduct a nursing assessment by 
15.2 	a registered nurse of the physical and cognitive needs of the prospective resident and 
15.3 	propose a service agreement or service plan prior to the date on which a prospective 
15.4 	resident executes a contract with a housing with services establishment or the date on 
15.5 	which a prospective resident moves in, whichever is earlier; and
15.6 	(2) inform the prospective resident of the availability of and contact information for 
15.7 	long-term care consultation services under section 256B.0911, prior to the date on which a 
15.8 	prospective resident executes a contract with a housing with services establishment or the 
15.9 	date on which a prospective resident moves in, whichever is earlier.
15.10 	(b) An arranged home care provider is not obligated to conduct a nursing assessment 
15.11 	by a registered nurse when requested by a prospective resident if either the geographic 
15.12 	distance between the prospective resident and the provider, or urgent or unexpected 
15.13 	circumstances, do not permit the assessment to be conducted prior to the date on which 
15.14 	the prospective resident executes a contract or moves in, whichever is earlier. When such 
15.15 	circumstances occur, the arranged home care provider shall offer to conduct a telephone 
15.16 	conference whenever reasonably possible. 
15.17 	(c) The arranged home care provider shall comply with applicable home care 
15.18 	licensure requirements in chapter 144A and Minnesota Rules, chapter 4668, and with 
15.19 	sections 148.171 to 148.285 with respect to the provision of a nursing assessment prior 
15.20 	to the delivery of nursing services and the execution of a home care service plan or 
15.21 	service agreement.
15.22 		Subd. 5.Assistance with arranged home care provider. The housing with services 
15.23 	establishment shall provide each assisted living client with identifying information about a 
15.24 	person or persons reasonably available to assist the client with concerns the client may 
15.25 	have with respect to the services provided by the arranged home care provider. The 
15.26 	establishment shall keep each assisted living client reasonably informed of any changes in 
15.27 	the personnel referenced in this subdivision. Upon request of the assisted living client, 
15.28 	such personnel or designee shall provide reasonable assistance to the assisted living client 
15.29 	in addressing concerns regarding services provided by the arranged home care provider.
15.30 		Subd. 6.Termination of housing with services contract. If a housing with 
15.31 	services establishment terminates a housing with services contract with an assisted living 
15.32 	client, the establishment shall provide the assisted living client, and the legal or designated 
15.33 	representative of the assisted living client, if any, with a written notice of termination 
15.34 	which includes the following information:
15.35 	(1) the effective date of termination;
15.36 	(2) the section of the contract that authorizes the termination;
16.1 	(3) without extending the termination notice period, an affirmative offer to meet with 
16.2 	the assisted living client and, if applicable, client representatives, within no more than five 
16.3 	business days of the date of the termination notice to discuss the termination;
16.4 	(4) an explanation that:
16.5 	(i)	the assisted living client must vacate the apartment, along with all personal 
16.6 	possessions, on or before the effective date of termination;
16.7 	(ii) failure to vacate the apartment by the date of termination may result in the filing 
16.8 	of an eviction action in court by the establishment, and that the assisted living client may 
16.9 	present a defense, if any, to the court at that time; and 
16.10 	(iii) the assisted living client may seek legal counsel in connection with the notice 
16.11 	of termination;
16.12 	(5) a statement that, with respect to the notice of termination, reasonable 
16.13 	accommodation is available for the disability of the assisted living client, if any; and
16.14 	(6) the name and contact information of the representative of the establishment 
16.15 	with whom the assisted living client or client representatives may discuss the notice of 
16.16 	termination.

16.17 	EFFECTIVE DATE. This section is effective January 1, 2007.

16.18 	Sec. 15. [144G.04] RESERVATION OF RIGHTS.
16.19 		Subdivision 1.Use of services. Nothing in this chapter requires an assisted living 
16.20 	client to utilize any service provided or made available in assisted living.
16.21 		Subd. 2.Housing with services contracts. Nothing in this chapter requires a 
16.22 	housing with services establishment to execute or refrain from terminating a housing with 
16.23 	services contract with a prospective or current resident who is unable or unwilling to meet 
16.24 	the requirements of residency, with or without assistance. 
16.25 		Subd. 3.Provision of services. Nothing in this chapter requires the arranged home 
16.26 	care provider to offer or continue to provide services under a service agreement or service 
16.27 	plan to a prospective or current resident of the establishment whose needs cannot be 
16.28 	met by the arranged home care provider.
16.29 		Subd. 4.Altering operations; service packages. Nothing in this chapter requires 
16.30 	a housing with services establishment or arranged home care provider offering assisted 
16.31 	living to fundamentally alter the nature of the operations of the establishment or the 
16.32 	provider in order to accommodate the request or need for facilities or services by any 
16.33 	assisted living client, or to refrain from requiring, as a condition of residency, that an 
16.34 	assisted living client pay for a package of assisted living services even if the client does 
16.35 	not choose to utilize all or some of the services in the package.

17.1 	EFFECTIVE DATE. This section is effective January 1, 2007.

17.2 	Sec. 16. [144G.05] REIMBURSEMENT UNDER  ASSISTED LIVING SERVICE 
17.3 	PACKAGES.
17.4 	Notwithstanding the provisions of this chapter, the requirements for the Elderly 
17.5 	Waiver program's assisted living payment rates under section 256B.0915, subdivision 
17.6 	3e, shall continue to be effective and providers who do not meet the requirements of 
17.7 	this chapter may continue to receive payment under section 256B.0915, subdivision 3e, 
17.8 	as long as they continue to meet the definitions and standards for assisted living and 
17.9 	assisted living plus set forth in the federally approved Elderly Home and Community 
17.10 	Based Services Waiver Program (Control Number 0025.91).
17.11 	Providers of assisted living for the Community Alternatives for Disabled Individuals 
17.12 	(CADI) and Traumatic Brain Injury (TBI) waivers shall continue to receive payment as 
17.13 	long as they continue to meet the definitions and standards for assisted living and assisted 
17.14 	living plus set forth in the federally approved CADI and TBI waiver plans.

17.15 	EFFECTIVE DATE. This section is effective January 1, 2007.

17.16 	Sec. 17. [144G.06] UNIFORM CONSUMER INFORMATION GUIDE.
17.17 	(a) The commissioner of health shall establish an advisory committee consisting 
17.18 	of representatives of consumers, providers, county and state officials, and other 
17.19 	groups the commissioner considers appropriate. The advisory committee shall present 
17.20 	recommendations to the commissioner on:
17.21 	(1) a format for a guide to be used by individual providers of assisted living, as 
17.22 	defined in Minnesota Statutes, section 144G.01, that includes information about services 
17.23 	offered by that provider, service costs, and other relevant provider-specific information, as 
17.24 	well as a statement of philosophy and values associated with assisted living, presented in 
17.25 	uniform categories that facilitate comparison with guides issued by other providers; and
17.26 	(2) requirements for informing assisted living clients, as defined in Minnesota 
17.27 	Statutes, section 144G.01, of their applicable legal rights.
17.28 	(b) The commissioner, after reviewing the recommendations of the advisory 
17.29 	committee, shall adopt a uniform format for the guide to be used by individual providers, 
17.30 	and the required components of materials to be used by providers to inform assisted 
17.31 	living clients of their legal rights, and shall make the uniform format and the required 
17.32 	components available to assisted living providers.

17.33 	Sec. 18. APPROPRIATION.
 18.1 	$140,000 is appropriated from the state government special revenue fund to the 
18.2 	commissioner of health for the biennium ending June 30, 2007, to enforce the standards 
18.3 	established in sections 1 to 17. This appropriation shall not become part of base level 
18.4 	funding for the biennium beginning July 1, 2007.

18.5 	Sec. 19. REVISOR'S INSTRUCTION.
 18.6 		(a) The revisor of statutes shall strike all references to the "Class E assisted living 
18.7 	home care programs license, "Class E license," and similar terms in Minnesota Rules, 
18.8 	chapters 4668 and 4669. In sections affected by this instruction, the revisor may make 
18.9 	changes necessary to correct the punctuation, grammar, or structure of the remaining text 
18.10 	and preserve its meaning.
18.11 		(b) The revisor of statutes shall change the term "assisted living home care provider," 
18.12 	"assisted living license," and similar terms to "Class F home care provider," "Class F 
18.13 	license," and similar terms to "Class F home care provider," "Class F license," and similar 
18.14 	terms, in Minnesota Rules, chapter 4668. In sections affected by this instruction, the 
18.15 	revisor may make changes necessary to correct the punctuation, grammar, or structure of 
18.16 	the remaining text and preserve its meaning.

18.17 	EFFECTIVE DATE. This section is effective January 1, 2007.

18.18 	Sec. 20.  REPEALER.
 18.19 	Minnesota Rules, part 4668.0215, is repealed, effective January 1, 2007.