1.1 	A bill for an act
1.2 	relating to health; modifying electronic monitoring requirements; modifying Board 
1.3 	of Executives for Long-Term Service and Supports fees; establishing a private 
1.4 	cause of action for retaliation in certain long-term care settings; modifying infection 
1.5 	control requirements in certain long-term care settings; modifying hospice and 
1.6 	assisted living bills of rights; establishing consumer protections for clients receiving 
1.7 	assisted living services; prohibiting termination of assisted living services during 
1.8 	a peacetime emergency; establishing procedures for transfer of clients receiving 
1.9 	assisted living services during a peacetime emergency; requiring the commissioner 
1.10 	of health to establish a state plan to control SARS-CoV-2 infections in certain 
1.11 	unlicensed long-term care settings; establishing the Long-Term Care COVID-19 
1.12 	Task Force; requiring a report; appropriating money;amending Minnesota Statutes 
1.13 	2018, sections 144A.751, subdivision 1; 144G.03, by adding subdivisions; 
1.14 	Minnesota Statutes 2019 Supplement, sections 144.6502, subdivision 3, by adding 
1.15 	a subdivision; 144.6512, by adding a subdivision; 144A.291, subdivision 2; 
1.16 	144A.4798, subdivision 3; 144G.07, by adding a subdivision; 144G.09, subdivision 
1.17 	3; 144G.42, by adding subdivisions; 144G.91, by adding a subdivision; 144G.92, 
1.18 	by adding a subdivision.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2019 Supplement, section 144.6502, subdivision 3, is 
1.21 	amended to read:
1.22 		Subd. 3.Consent to electronic monitoring. (a) Except as otherwise provided in this 
1.23 	subdivision, a resident must consent to electronic monitoring in the resident's room or private 
1.24 	living unit in writing on a notification and consent form. If the resident has not affirmatively 
1.25 	objected to electronic monitoring and the resident representative attests that the resident's 
1.26 	medical professional determines determined that the resident currently lacks the ability to 
1.27 	understand and appreciate the nature and consequences of electronic monitoring, the resident 
1.28 	representative may consent on behalf of the resident. For purposes of this subdivision, a 
1.29 	resident affirmatively objects when the resident orally, visually, or through the use of 
2.1 	auxiliary aids or services declines electronic monitoring. The resident's response must be 
2.2 	documented on the notification and consent form.
2.3 	(b) Prior to a resident representative consenting on behalf of a resident, the resident must 
2.4 	be asked if the resident wants electronic monitoring to be conducted. The resident 
2.5 	representative must explain to the resident:
2.6 	(1) the type of electronic monitoring device to be used;
2.7 	(2) the standard conditions that may be placed on the electronic monitoring device's use, 
2.8 	including those listed in subdivision 6;
2.9 	(3) with whom the recording may be shared under subdivision 10 or 11; and
2.10 	(4) the resident's ability to decline all recording.
2.11 	(c) A resident, or resident representative when consenting on behalf of the resident, may 
2.12 	consent to electronic monitoring with any conditions of the resident's or resident 
2.13 	representative's choosing, including the list of standard conditions provided in subdivision 
2.14 	6. A resident, or resident representative when consenting on behalf of the resident, may 
2.15 	request that the electronic monitoring device be turned off or the visual or audio recording 
2.16 	component of the electronic monitoring device be blocked at any time.
2.17 	(d) Prior to implementing electronic monitoring, a resident, or resident representative 
2.18 	when acting on behalf of the resident, must obtain the written consent on the notification 
2.19 	and consent form of any other resident residing in the shared room or shared private living 
2.20 	unit. A roommate's or roommate's resident representative's written consent must comply 
2.21 	with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's 
2.22 	resident representative under this paragraph authorizes the resident's use of any recording 
2.23 	obtained under this section, as provided under subdivision 10 or 11.
2.24 	(e) Any resident conducting electronic monitoring must immediately remove or disable 
2.25 	an electronic monitoring device prior to a new roommate moving into a shared room or 
2.26 	shared private living unit, unless the resident obtains the roommate's or roommate's resident 
2.27 	representative's written consent as provided under paragraph (d) prior to the roommate 
2.28 	moving into the shared room or shared private living unit. Upon obtaining the new 
2.29 	roommate's signed notification and consent form and submitting the form to the facility as 
2.30 	required under subdivision 5, the resident may resume electronic monitoring.
2.31 	(f) The resident or roommate, or the resident representative or roommate's resident 
2.32 	representative if the representative is consenting on behalf of the resident or roommate, may 
3.1 	withdraw consent at any time and the withdrawal of consent must be documented on the 
3.2 	original consent form as provided under subdivision 5, paragraph (d).

3.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.4 	Sec. 2. Minnesota Statutes 2019 Supplement, section 144.6502, is amended by adding a 
3.5 	subdivision to read:
3.6 		Subd. 7a.Installation during isolation. (a) Anytime visitation is restricted or a resident 
3.7 	is isolated for any reason, including during a public health emergency, and the resident or 
3.8 	resident representative chooses to conduct electronic monitoring, a facility must place and 
3.9 	set up any device, provided the resident or resident representative delivers the approved 
3.10 	device to the facility with clear instructions for setting up the device, the device does not 
3.11 	require installation, the device requires only minimal set-up, and the resident or resident 
3.12 	representative assumes all risk in the event the device malfunctions.
3.13 	(b) If a facility places an electronic monitoring device under this subdivision, the 
3.14 	requirements of this chapter, including requirements of subdivision 7, continue to apply.

3.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.16 	Sec. 3. Minnesota Statutes 2019 Supplement, section 144.6512, is amended by adding a 
3.17 	subdivision to read:
3.18 		Subd. 6.Cause of action. A cause of action for violations of this section may be brought 
3.19 	and nothing in this section precludes a person from pursuing such an action. Any 
3.20 	determination of retaliation by the commissioner under subdivision 5 may be used as evidence 
3.21 	of retaliation in any cause of action under this subdivision.

3.22 	EFFECTIVE DATE. This section is effective August 1, 2020.

3.23 	Sec. 4. Minnesota Statutes 2019 Supplement, section 144A.291, subdivision 2, is amended 
3.24 	to read:
3.25 		Subd. 2.Amounts. (a) Fees may not exceed the following amounts but may be adjusted 
3.26 	lower by board direction and are for the exclusive use of the board as required to sustain 
3.27 	board operations. The maximum amounts of fees are:
3.28 	(1) application for licensure, $200;
3.29 	(2) for a prospective applicant for a review of education and experience advisory to the 
3.30 	license application, $100, to be applied to the fee for application for licensure if the latter 
3.31 	is submitted within one year of the request for review of education and experience;
4.1 	(3) state examination, $125;
4.2 	(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between 
4.3 	January 1 and June 30;
4.4 	(5) acting administrator permit, $400;
4.5 	(6) renewal license, $250;
4.6 	(7) duplicate license, $50;
4.7 	(8) reinstatement fee, $250;
4.8 	(9) health services executive initial license, $200;
4.9 	(10) health services executive renewal license, $200;
4.10 	(11) (9) reciprocity verification fee, $50;
4.11 	(12) (10) second shared administrator assignment, $250;
4.12 	(13) (11) continuing education fees:
4.13 	(i) greater than six hours, $50; and
4.14 	(ii) seven hours or more, $75;
4.15 	(14) (12) education review, $100;
4.16 	(15) (13) fee to a sponsor for review of individual continuing education seminars, 
4.17 	institutes, workshops, or home study courses:
4.18 	(i) for less than seven clock hours, $30; and
4.19 	(ii) for seven or more clock hours, $50;
4.20 	(16) (14) fee to a licensee for review of continuing education seminars, institutes, 
4.21 	workshops, or home study courses not previously approved for a sponsor and submitted 
4.22 	with an application for license renewal:
4.23 	(i) for less than seven clock hours total, $30; and
4.24 	(ii) for seven or more clock hours total, $50;
4.25 	(17) (15) late renewal fee, $75;
4.26 	(18) (16) fee to a licensee for verification of licensure status and examination scores, 
4.27 	$30;
4.28 	(19) (17) registration as a registered continuing education sponsor, $1,000; and
5.1 	(20) (18) mail labels, $75.
5.2 	(b) The revenue generated from the fees must be deposited in an account in the state 
5.3 	government special revenue fund.

5.4 	EFFECTIVE DATE. This section is effective July 1, 2020.

5.5 	Sec. 5. Minnesota Statutes 2019 Supplement, section 144A.4798, subdivision 3, is amended 
5.6 	to read:
5.7 		Subd. 3.Infection control program. A home care provider must establish and maintain 
5.8 	an effective infection control program that complies with accepted health care, medical, 
5.9 	and nursing standards for infection control, including during a disease pandemic.

5.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.11 	Sec. 6. Minnesota Statutes 2018, section 144A.751, subdivision 1, is amended to read:
5.12 		Subdivision 1.Statement of rights. An individual who receives hospice care has the 
5.13 	right to:
5.14 	(1) receive written information about rights in advance of receiving hospice care or 
5.15 	during the initial evaluation visit before the initiation of hospice care, including what to do 
5.16 	if rights are violated;
5.17 	(2) receive care and services according to a suitable hospice plan of care and subject to 
5.18 	accepted hospice care standards and to take an active part in creating and changing the plan 
5.19 	and evaluating care and services;
5.20 	(3) be told in advance of receiving care about the services that will be provided, the 
5.21 	disciplines that will furnish care, the frequency of visits proposed to be furnished, other 
5.22 	choices that are available, and the consequence of these choices, including the consequences 
5.23 	of refusing these services;
5.24 	(4) be told in advance, whenever possible, of any change in the hospice plan of care and 
5.25 	to take an active part in any change;
5.26 	(5) refuse services or treatment;
5.27 	(6) know, in advance, any limits to the services available from a provider, and the 
5.28 	provider's grounds for a termination of services;
6.1 	(7) know in advance of receiving care whether the hospice services may be covered by 
6.2 	health insurance, medical assistance, Medicare, or other health programs in which the 
6.3 	individual is enrolled;
6.4 	(8) receive, upon request, a good faith estimate of the reimbursement the provider expects 
6.5 	to receive from the health plan company in which the individual is enrolled. A good faith 
6.6 	estimate must also be made available at the request of an individual who is not enrolled in 
6.7 	a health plan company. This payment information does not constitute a legally binding 
6.8 	estimate of the cost of services;
6.9 	(9) know that there may be other services available in the community, including other 
6.10 	end of life services and other hospice providers, and know where to go for information 
6.11 	about these services;
6.12 	(10) choose freely among available providers and change providers after services have 
6.13 	begun, within the limits of health insurance, medical assistance, Medicare, or other health 
6.14 	programs;
6.15 	(11) have personal, financial, and medical information kept private and be advised of 
6.16 	the provider's policies and procedures regarding disclosure of such information;
6.17 	(12) be allowed access to records and written information from records according to 
6.18 	sections 144.291 to 144.298;
6.19 	(13) be served by people who are properly trained and competent to perform their duties;
6.20 	(14) be treated with courtesy and respect and to have the patient's property treated with 
6.21 	respect;
6.22 	(15) voice grievances regarding treatment or care that is, or fails to be, furnished or 
6.23 	regarding the lack of courtesy or respect to the patient or the patient's property;
6.24 	(16) be free from physical and verbal abuse;
6.25 	(17) reasonable, advance notice of changes in services or charges, including at least ten 
6.26 	days' advance notice of the termination of a service by a provider, except in cases where:
6.27 	(i) the recipient of services engages in conduct that alters the conditions of employment 
6.28 	between the hospice provider and the individual providing hospice services, or creates an 
6.29 	abusive or unsafe work environment for the individual providing hospice services;
6.30 	(ii) an emergency for the informal caregiver or a significant change in the recipient's 
6.31 	condition has resulted in service needs that exceed the current service provider agreement 
6.32 	and that cannot be safely met by the hospice provider; or
7.1 	(iii) the recipient is no longer certified as terminally ill;
7.2 	(18) a coordinated transfer when there will be a change in the provider of services;
7.3 	(19) know how to contact an individual associated with the provider who is responsible 
7.4 	for handling problems and to have the provider investigate and attempt to resolve the 
7.5 	grievance or complaint;
7.6 	(20) know the name and address of the state or county agency to contact for additional 
7.7 	information or assistance;
7.8 	(21) assert these rights personally, or have them asserted by the hospice patient's family 
7.9 	when the patient has been judged incompetent, without retaliation; and
7.10 	(22) have pain and symptoms managed to the patient's desired level of comfort.;
7.11 	(23) revoke hospice election at any time; and
7.12 	(24) receive curative treatment for any condition unrelated to the condition that prompted 
7.13 	hospice election.

7.14 	Sec. 7. Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to 
7.15 	read:
7.16 		Subd. 7.Communicable diseases. A person or entity receiving assisted living title 
7.17 	protection under this chapter must follow current state requirements for prevention, control, 
7.18 	and reporting of communicable diseases as defined in Minnesota Rules, parts 4605.7040, 
7.19 	4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.

7.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.21 	Sec. 8. Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to 
7.22 	read:
7.23 		Subd. 8.SARS-CoV-2 infection control. (a) A person or entity receiving assisted living 
7.24 	title protection under this chapter must establish and maintain a comprehensive SARS-CoV-2 
7.25 	infection control program that complies with accepted health care, medical, and nursing 
7.26 	standards for infection control according to the most current SARS-CoV-2 infection control 
7.27 	guidelines issued by the United States Centers for Disease Control and Prevention, Centers 
7.28 	for Medicare and Medicaid Services, and the commissioner. This program must include a 
7.29 	SARS-CoV-2 infection control plan that covers all paid and unpaid employees, contractors, 
7.30 	students, volunteers, clients, and visitors. The commissioner shall provide technical assistance 
7.31 	regarding implementation of the guidelines.
8.1 	(b) A person or entity receiving assisted living title protection under this chapter must 
8.2 	maintain written evidence of compliance with this subdivision.

8.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.4 	Sec. 9. Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to 
8.5 	read:
8.6 		Subd. 9.COVID-19 response plan. (a) A person or entity receiving assisted living title 
8.7 	protection under this chapter must establish, implement, and maintain a COVID-19 response 
8.8 	plan. The COVID-19 response plan must be consistent with the requirements of subdivision 
8.9 	8 and at a minimum must address the following:
8.10 	(1) use of personal protective equipment by all paid and unpaid employees, contractors, 
8.11 	students, volunteers, clients, and visitors;
8.12 	(2) separation or isolation of clients infected with SARS-CoV-2 from clients who are 
8.13 	not;
8.14 	(3) balancing the rights of residents with controlling the spread of SARS-CoV-2 
8.15 	infections;
8.16 	(4) client relocations, including steps to be taken to mitigate trauma for relocated clients 
8.17 	receiving memory care;
8.18 	(5) clearly informing clients of the home care provider's policies regarding the effect of 
8.19 	hospice orders, provider orders for life-sustaining treatment, do not resuscitate orders, and 
8.20 	do not intubate orders on any treatment of COVID-19 disease;
8.21 	(6) mitigating the effects of separation or isolation of clients;
8.22 	(7) compassionate care visitation;
8.23 	(8) consideration of any campus model, multiple buildings on the same property, or any 
8.24 	mix of independent senior living units in the same building as assisted living units;
8.25 	(9) protocols for emergency medical responses involving clients with SARS-CoV-2 
8.26 	infections, including infection control procedures following the departure of ambulance 
8.27 	service personnel or other first responders;
8.28 	(10) notifying the commissioner when staffing levels are critically low; and
8.29 	(11) taking into account dementia-related concerns.
9.1 	(b) A person or entity receiving assisted living title protection under this chapter must 
9.2 	provide the commissioner with a copy of a COVID-19 response plan meeting the 
9.3 	requirements of this subdivision.
9.4 	(c) A person or entity receiving assisted living title protection under this chapter must 
9.5 	make its COVID-19 response plan available to staff, clients, and families of clients.

9.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.7 	Sec. 10. Minnesota Statutes 2019 Supplement, section 144G.07, is amended by adding a 
9.8 	subdivision to read:
9.9 		Subd. 6.Cause of action. A cause of action for violations of this section may be brought 
9.10 	and nothing in this section precludes a person from pursuing such an action. Any 
9.11 	determination of retaliation by the commissioner under subdivision 5 may be used as evidence 
9.12 	of retaliation in any cause of action under this subdivision.

9.13 	EFFECTIVE DATE. This section is effective August 1, 2020.

9.14 	Sec. 11. Minnesota Statutes 2019 Supplement, section 144G.09, subdivision 3, is amended 
9.15 	to read:
9.16 		Subd. 3.Rulemaking authorized. (a) The commissioner shall adopt rules for all assisted 
9.17 	living facilities that promote person-centered planning and service delivery and optimal 
9.18 	quality of life, and that ensure resident rights are protected, resident choice is allowed, and 
9.19 	public health and safety is ensured.
9.20 	(b) On July 1, 2019, the commissioner shall begin rulemaking.
9.21 	(c) The commissioner shall adopt rules that include but are not limited to the following:
9.22 	(1) staffing ratios appropriate for each licensure category to best protect the health and 
9.23 	safety of residents no matter their vulnerability;
9.24 	(2) training prerequisites and ongoing training, including dementia care training and 
9.25 	standards for demonstrating competency;
9.26 	(3) procedures for discharge planning and ensuring resident appeal rights;
9.27 	(4) initial assessments, continuing assessments, and a uniform assessment tool;
9.28 	(5) emergency disaster and preparedness plans;
9.29 	(6) uniform checklist disclosure of services;
9.30 	(7) a definition of serious injury that results from maltreatment;
10.1 	(8) conditions and fine amounts for planned closures;
10.2 	(9) procedures and timelines for the commissioner regarding termination appeals between 
10.3 	facilities and the Office of Administrative Hearings;
10.4 	(10) establishing base fees and per-resident fees for each category of licensure;
10.5 	(11) considering the establishment of a maximum amount for any one fee;
10.6 	(12) procedures for relinquishing an assisted living facility with dementia care license 
10.7 	and fine amounts for noncompliance; and
10.8 	(13) procedures to efficiently transfer existing housing with services registrants and 
10.9 	home care licensees to the new assisted living facility licensure structure.
10.10 	(d) The commissioner shall publish the proposed rules by December 31, 2019, and shall 
10.11 	publish final rules the notice of adoption by December 31, 2020.

10.12 	EFFECTIVE DATE. This section is effective August 1, 2020.

10.13 	Sec. 12. Minnesota Statutes 2019 Supplement, section 144G.42, is amended by adding a 
10.14 	subdivision to read:
10.15 		Subd. 9a.Communicable diseases. The facility must follow current state requirements 
10.16 	for prevention, control, and reporting of communicable diseases as defined in Minnesota 
10.17 	Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.

10.18 	EFFECTIVE DATE. This section is effective August 1, 2021.

10.19 	Sec. 13. Minnesota Statutes 2019 Supplement, section 144G.42, is amended by adding a 
10.20 	subdivision to read:
10.21 		Subd. 9b.Infection control program. The facility must establish and maintain an 
10.22 	effective infection control program that complies with accepted health care, medical, and 
10.23 	nursing standards for infection control, including during a disease pandemic.

10.24 	EFFECTIVE DATE. This section is effective August 1, 2021.

10.25 	Sec. 14. Minnesota Statutes 2019 Supplement, section 144G.91, is amended by adding a 
10.26 	subdivision to read:
10.27 		Subd. 5a.Choice of provider. Residents have the right to choose freely among available 
10.28 	providers and to change providers after services have begun, within the limits of health 
10.29 	insurance, long-term care insurance, medical assistance, other health programs, or public 
10.30 	programs.

11.1 	EFFECTIVE DATE. This section is effective August 1, 2021.

11.2 	Sec. 15. Minnesota Statutes 2019 Supplement, section 144G.92, is amended by adding a 
11.3 	subdivision to read:
11.4 		Subd. 6.Cause of action.  A cause of action for violations of this section may be brought 
11.5 	and nothing in this section precludes a person from pursuing such an action. Any 
11.6 	determination of retaliation by the commissioner under subdivision 4 may be used as evidence 
11.7 	of retaliation in any cause of action under this subdivision.

11.8 	EFFECTIVE DATE. This section is effective August 1, 2021.

11.9 	Sec. 16. CONSUMER PROTECTIONS FOR ASSISTED LIVING CLIENTS.
 11.10 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
11.11 	(b) "Arranged home care provider" has the meaning given in Minnesota Statutes, section 
11.12 	144D.01, subdivision 2a.
11.13 	(c) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision 
11.14 	3.
11.15 	(d) "Client representative" means one of the following in the order of priority listed, to 
11.16 	the extent the person may reasonably be identified and located:
11.17 	(1) a court-appointed guardian acting in accordance with the powers granted to the 
11.18 	guardian under Minnesota Statutes, chapter 524;
11.19 	(2) a conservator acting in accordance with the powers granted to the conservator under 
11.20 	Minnesota Statutes, chapter 524;
11.21 	(3) a health care agent acting in accordance with the powers granted to the health care 
11.22 	agent under Minnesota Statutes, chapter 145C;
11.23 	(4) an attorney-in-fact acting in accordance with the powers granted to the attorney-in-fact 
11.24 	by a written power of attorney under Minnesota Statutes, chapter 523; or
11.25 	(5) a person who:
11.26 	(i) is not an agent of a facility or an agent of a home care provider; and
11.27 	(ii) is designated by the client orally or in writing to act on the client's behalf.
11.28 	(e) "Facility" means:
12.1 	(1) a housing with services establishment registered under Minnesota Statutes, section 
12.2 	144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01 
12.3 	to 144G.07; or
12.4 	(2) a housing with services establishment registered under Minnesota Statutes, section 
12.5 	144D.02, and required to disclose special care status under Minnesota Statutes, section 
12.6 	325F.72.
12.7 	(f) "Home care provider" has the meaning given in Minnesota Statutes, section 144A.43, 
12.8 	subdivision 4.
12.9 	(g) "Safe location" means a location that does not place a client's health or safety at risk. 
12.10 	A safe location is not a private home where the occupant is unwilling or unable to care for 
12.11 	the client, a homeless shelter, a hotel, or a motel.
12.12 	(h) "Service plan" has the meaning given in Minnesota Statutes, section 144A.43, 
12.13 	subdivision 27.
12.14 	(i) "Services" means services provided to a client by a home care provider according to 
12.15 	a service plan.
12.16 		Subd. 2.Prerequisite to termination or nonrenewal of lease, services, or service 
12.17 	plan. (a) A facility must schedule and participate in a meeting with the client and the client 
12.18 	representative before:
12.19 	(1) the facility issues a notice of termination of a lease;
12.20 	(2) the facility issues a notice of termination or nonrenewal of all services; or
12.21 	(3) an arranged home care provider issues a notice of termination or nonrenewal of a 
12.22 	service plan.
12.23 	(b) The purposes of the meeting required under paragraph (a) are to:
12.24 	(1) explain in detail the reasons for the proposed termination or nonrenewal; and
12.25 	(2) identify and offer reasonable accommodations or modifications, interventions, or 
12.26 	alternatives to avoid the termination or nonrenewal and enable the client to remain in the 
12.27 	facility, including but not limited to securing services from another home care provider of 
12.28 	the client's choosing. A facility is not required to offer accommodations, modifications, 
12.29 	interventions, or alternatives that fundamentally alter the nature of the operation of the 
12.30 	facility.
12.31 	(c) The meeting required under paragraph (a) must be scheduled to take place at least 
12.32 	seven days before a notice of termination or nonrenewal is issued. The facility must make 
13.1 	reasonable efforts to ensure that the client and the client representative are able to attend 
13.2 	the meeting.
13.3 	(d) The facility must notify the client that the client may invite family members, relevant 
13.4 	health professionals, a representative of the Office of Ombudsman for Long-Term Care, or 
13.5 	other persons of the client's choosing to attend the meeting. For clients who receive home 
13.6 	and community-based waiver services under Minnesota Statutes, section 256B.49, and 
13.7 	Minnesota Statutes, chapter 256S, the facility must notify the client's case manager of the 
13.8 	meeting.
13.9 		Subd. 3.Restrictions on lease terminations. (a) A facility may not terminate a lease 
13.10 	except as provided in this subdivision.
13.11 	(b) Upon 30 days' prior written notice, a facility may initiate a termination of a lease 
13.12 	only for:
13.13 	(1) nonpayment of rent, provided the facility informs the client that public benefits may 
13.14 	be available and provides contact information for the Senior LinkAge Line under Minnesota 
13.15 	Statutes, section 256.975, subdivision 7. An interruption to a client's public benefits that 
13.16 	lasts for no more than 60 days does not constitute nonpayment; or
13.17 	(2) a violation of a lawful provision of the lease if the client does not cure the violation 
13.18 	within a reasonable amount of time after the facility provides written notice to the client of 
13.19 	the ability to cure. Written notice of the ability to cure may be provided in person or by first 
13.20 	class mail. A facility is not required to provide a client with written notice of the ability to 
13.21 	cure for a violation that threatens the health or safety of the client or another individual in 
13.22 	the facility, or for a violation that constitutes illegal conduct.
13.23 	(c) Upon 15 days' prior written notice, a facility may terminate a lease only if the client 
13.24 	has:
13.25 	(1) engaged in conduct that substantially interferes with the rights, health, or safety of 
13.26 	other clients;
13.27 	(2) engaged in conduct that substantially and intentionally interferes with the safety or 
13.28 	physical health of facility staff; or
13.29 	(3) committed an act listed in Minnesota Statutes, section 504B.171, that substantially 
13.30 	interferes with the rights, health, or safety of other clients.
13.31 	(d) Nothing in this subdivision affects the rights and remedies available to facilities and 
13.32 	clients under Minnesota Statutes, chapter 504B.
14.1 		Subd. 4.Restrictions on terminations and nonrenewals of services and service 
14.2 	plans. (a) An arranged home care provider may not terminate or fail to renew a service plan 
14.3 	of a client in a facility except as provided in this subdivision.
14.4 	(b) Upon 30 days' prior written notice, an arranged home care provider may initiate a 
14.5 	termination of services for nonpayment if the client does not cure the violation within a 
14.6 	reasonable amount of time after the facility provides written notice to the client of the ability 
14.7 	to cure. An interruption to a client's public benefits that lasts for no more than 60 days does 
14.8 	not constitute nonpayment.
14.9 	(c) Upon 15 days' prior written notice, an arranged home care provider may terminate 
14.10 	or fail to renew a service plan only if:
14.11 	(1) the client has engaged in conduct that substantially interferes with the client's health 
14.12 	or safety;
14.13 	(2) the client's assessed needs exceed the scope of services agreed upon in the service 
14.14 	plan and are not otherwise offered by the arranged home care provider; or
14.15 	(3) extraordinary circumstances exist, causing the arranged home care provider to be 
14.16 	unable to provide the client with the services agreed to in the service plan that are necessary 
14.17 	to meet the client's needs.
14.18 		Subd. 5.Right to appeal. Clients have the right to appeal the termination of a lease, 
14.19 	services, or a service plan.
14.20 		Subd. 6.Permissible grounds to appeal termination. A client may appeal a termination 
14.21 	initiated under subdivision 3 or 4, on the grounds that:
14.22 	(1) there is a factual dispute as to whether the facility had a permissible basis to initiate 
14.23 	the termination;
14.24 	(2) the termination would result in great harm or the potential for great harm to the client 
14.25 	as determined by the totality of the circumstances, except in circumstances where there is 
14.26 	a greater risk of harm to other residents or staff at the facility;
14.27 	(3) the resident has cured or demonstrated the ability to cure the reasons for the 
14.28 	termination, or has identified a reasonable accommodation or modification, intervention, 
14.29 	or alternative to the termination; or
14.30 	(4) the facility has terminated the lease, services, or service plan in violation of state or 
14.31 	federal law.
15.1 		Subd. 7.Appeals process. (a) The Office of Administrative Hearings must conduct an 
15.2 	expedited hearing as soon as practicable, but in no event later than 14 calendar days after 
15.3 	the office receives the request, unless the parties agree otherwise or the chief administrative 
15.4 	law judge deems the timing to be unreasonable, given the complexity of the issues presented.
15.5 	(b) The hearing must be held at the facility where the resident lives, unless holding the 
15.6 	hearing at that location is impractical, the parties agree to hold the hearing at a different 
15.7 	location, or the chief administrative law judge grants a party's request to appear at another 
15.8 	location or by telephone or interactive video.
15.9 	(c) The hearing is not a formal contested case proceeding, except when determined 
15.10 	necessary by the chief administrative law judge.
15.11 	(d) Parties may but are not required to be represented by counsel. The appearance of a 
15.12 	party without counsel does not constitute the unauthorized practice of law.
15.13 	(e) The hearing shall be limited to the amount of time necessary for the participants to 
15.14 	expeditiously present the facts about the proposed termination. The administrative law judge 
15.15 	shall issue a recommendation to the commissioner as soon as practicable, but in no event 
15.16 	later than ten business days after the hearing.
15.17 		Subd. 8.Burden of proof for appeals of termination. (a) The facility bears the burden 
15.18 	of proof to establish by a preponderance of the evidence that the termination was permissible 
15.19 	if the appeal is brought on the ground listed in subdivision 6, clause (4).
15.20 	(b) The client bears the burden of proof to establish by a preponderance of the evidence 
15.21 	that the termination was permissible if the appeal is brought on the grounds listed in 
15.22 	subdivision 6, clause (2) or (3).
15.23 		Subd. 9.Determination; content of order. (a) The client's termination must be rescinded 
15.24 	if the client prevails in the appeal.
15.25 	(b) The order may contain any conditions that may be placed on the client's continued 
15.26 	residency or receipt of services, including but not limited to changes to the service plan or 
15.27 	a required increase in services.
15.28 		Subd. 10.Service provision while appeal pending. A termination of a lease, services, 
15.29 	or a service plan shall not occur while an appeal is pending. If additional services are needed 
15.30 	to meet the health or safety needs of the client while an appeal is pending, the client is 
15.31 	responsible for contracting for those additional services from the facility or another provider 
15.32 	and for ensuring the costs for those additional services are covered.
16.1 		Subd. 11.Application of Minnesota Statutes, chapter 504B, to appeals of 
16.2 	terminations. A client may not bring an action under Minnesota Statutes, chapter 504B, 
16.3 	to challenge a termination of a lease that has occurred and been upheld under this section.
16.4 		Subd. 12.Restriction on lease nonrenewals. If a facility decides to not renew a client's 
16.5 	lease, the facility must:
16.6 	(1) provide the client with 60 calendar days' notice of the nonrenewal;
16.7 	(2) ensure a coordinated move as provided under subdivision 14;
16.8 	(3) consult and cooperate with the client; the client representative; the case manager of 
16.9 	a client who receives home and community-based waiver services under Minnesota Statutes, 
16.10 	section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and 
16.11 	any other person of the client's choosing to make arrangements to move the client; and
16.12 	(4) prepare a written plan to prepare for the move.
16.13 		Subd. 13.Right to return. If a client is absent from a facility for any reason, the facility 
16.14 	shall not refuse to allow a client to return if a lease termination has not been effectuated.
16.15 		Subd. 14.Coordinated moves. (a) A facility or arranged home care provider, as 
16.16 	applicable, must arrange a coordinated move for a client according to this subdivision if:
16.17 	(1) a facility terminates a lease or closes the facility;
16.18 	(2) an arranged home care provider terminates or does not renew a service plan; or
16.19 	(3) an arranged home care provider reduces or eliminates services to the extent that the 
16.20 	client needs to move.
16.21 	(b) If an event listed in paragraph (a) occurs, the facility or arranged home care provider, 
16.22 	as applicable, must:
16.23 	(1) ensure a coordinated move to a safe location that is appropriate for the client and 
16.24 	that is identified by the facility;
16.25 	(2) ensure a coordinated move to an appropriate service provider identified by the facility, 
16.26 	provided services are still needed and desired by the client; and
16.27 	(3) consult and cooperate with the client; the client representative; the case manager for 
16.28 	a client who receives home and community-based waiver services under Minnesota Statutes, 
16.29 	section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and 
16.30 	any other person of the client's choosing to make arrangements to move the client.
17.1 	(c) A facility may satisfy the requirements in paragraph (b), clauses (1) and (2), by 
17.2 	moving the client to a different location within the same facility, if appropriate for the client.
17.3 	(d) A client may decline to move to the location the facility identifies or to accept services 
17.4 	from a service provider the facility identifies, and may choose instead to move to a location 
17.5 	of the client's choosing or receive services from a service provider of the client's choosing.
17.6 	(e) Sixty days before the facility or arranged home care provider reduces or eliminates 
17.7 	one or more services for a particular client, the facility must provide written notice of the 
17.8 	reduction or elimination. If the facility, arranged home care provider, client, or client 
17.9 	representative determines that the reduction or elimination of services will force the client 
17.10 	to move to a new location, the facility must ensure a coordinated move in accordance with 
17.11 	this subdivision, and must provide notice to the Office of Ombudsman for Long-Term Care.
17.12 	(f) The facility or arranged home care provider, as applicable, must prepare a relocation 
17.13 	plan to prepare for the move to the new location or service provider.
17.14 	(g) With the client's knowledge and consent, if the client is relocated to another facility 
17.15 	or to a nursing home, or if care is transferred to another service provider, the facility must 
17.16 	timely convey to the new facility, nursing home, or service provider:
17.17 	(1) the client's full name, date of birth, and insurance information;
17.18 	(2) the name, telephone number, and address of the client representative, if any;
17.19 	(3) the client's current, documented diagnoses that are relevant to the services being 
17.20 	provided;
17.21 	(4) the client's known allergies that are relevant to the services being provided;
17.22 	(5) the name and telephone number of the client's physician, if known, and the current 
17.23 	physician orders that are relevant to the services being provided;
17.24 	(6) all medication administration records that are relevant to the services being provided;
17.25 	(7) the most recent client assessment, if relevant to the services being provided; and
17.26 	(8) copies of health care directives, "do not resuscitate" orders, and any guardianship 
17.27 	orders or powers of attorney.
17.28 		Subd. 15.No waiver. No facility or arranged home care provider may request or require 
17.29 	that a client waive the client's rights or requirements under this section at any time or for 
17.30 	any reason, including as a condition of admission to the facility.
18.1 		Subd. 16.Expiration. This section expires upon implementation of assisted living 
18.2 	licensure under Minnesota Statutes, chapter 144G.

18.3 	EFFECTIVE DATE. This section is effective August 1, 2020.

18.4 	Sec. 17. SUSPENDING SERVICE TERMINATIONS, TRANSFERS, AND 
18.5 	DISCHARGES DURING THE COVID-19 PEACETIME EMERGENCY.
 18.6 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
18.7 	(b) "Arranged home care provider" has the meaning given in Minnesota Statutes, section 
18.8 	144D.01, subdivision 2a.
18.9 	(c) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision 
18.10 	3.
18.11 	(d) "Facility" means:
18.12 	(1) a housing with services establishment registered under Minnesota Statutes, section 
18.13 	144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01 
18.14 	to 144G.07; or
18.15 	(2) a housing with services establishment registered under Minnesota Statutes, section 
18.16 	144D.02, and required to disclose special care status under Minnesota Statutes, section 
18.17 	325F.72.
18.18 	(e) "Home care provider" has the meaning given in Minnesota Statutes, section 144A.43, 
18.19 	subdivision 4.
18.20 	(f) "Service plan" has the meaning given in Minnesota Statutes, section 144A.43, 
18.21 	subdivision 27.
18.22 	(g) "Services" means services provided to a client by a home care provider according 
18.23 	to a service plan.
18.24 		Subd. 2.Suspension of home care service terminations. For the duration of the 
18.25 	peacetime emergency declared in Executive Order 20-01 or until Executive Order 20-01 is 
18.26 	rescinded, an arranged home care provider providing home care services to a client residing 
18.27 	in a facility must not terminate its client's services or service plan, unless one of the conditions 
18.28 	specified in Minnesota Statutes, section 144G.52, subdivision 5, paragraph (b), clauses (1) 
18.29 	to (3), are met. Nothing in this subdivision prohibits the transfer of a client under section 
18.30 	18.
19.1 		Subd. 3.Suspension of discharges and transfers. For the duration of the peacetime 
19.2 	emergency declared in Executive Order 20-01 or until Executive Order 20-01 is rescinded, 
19.3 	nursing homes, boarding care homes, and long-term acute care hospitals must not discharge 
19.4 	or transfer residents except for transfers in accordance with guidance issued by the Centers 
19.5 	for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, and 
19.6 	the Minnesota Department of Health for the purposes of controlling SARS-CoV-2 infections, 
19.7 	or unless the failure to discharge or transfer the resident would endanger the health or safety 
19.8 	of the resident or other individuals in the facility.
19.9 		Subd. 4.Pending discharge and transfer appeals. For the duration of the peacetime 
19.10 	emergency declared in Executive Order 20-01 or until Executive Order 20-01 is rescinded, 
19.11 	final decisions on appeals of transfers and appeals under section 15, subdivisions 5 to 11, 
19.12 	and Minnesota Statutes, section 144A.135, are stayed.
19.13 		Subd. 5.Penalties. A person who willfully violates subdivisions 1 and 2 of this section 
19.14 	is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed 
19.15 	$1,000, or by imprisonment for not more than 90 days.

19.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

19.17 	Sec. 18. TRANSFERS FOR COHORTING PURPOSES DURING THE COVID-19 
19.18 	PEACETIME EMERGENCY.
 19.19 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
19.20 	(b) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision 
19.21 	3.
19.22 	(c) "Facility" means:
19.23 	(1) a housing with services establishment registered under Minnesota Statutes, section 
19.24 	144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01 
19.25 	to 144G.07; or
19.26 	(2) a housing with services establishment registered under Minnesota Statutes, section 
19.27 	144D.02, and required to disclose special care status under Minnesota Statutes, section 
19.28 	325F.72.
19.29 		Subd. 2.Transfers for cohorting purposes. A facility may transfer a client to another 
19.30 	facility for the following cohorting purposes:
20.1 	(1) transferring clients with symptoms of a respiratory infection or confirmed diagnosis 
20.2 	of COVID-19 to another facility that agrees to accept each specific client and is a dedicated 
20.3 	COVID-19 care site;
20.4 	(2) in order to make the transferring facility a dedicated COVID-19 care site transferring 
20.5 	residents without symptoms of a respiratory infection or confirmed not to have COVID-19 
20.6 	to another facility that agrees to accept each specific client, and is dedicated to caring for 
20.7 	clients without COVID-19 and preventing them from acquiring COVID-19; or
20.8 	(3) transferring clients without symptoms of a respiratory infection to another facility 
20.9 	that agrees to accept each specific client and is dedicated to observing clients over 14 days 
20.10 	for any signs or symptoms of a respiratory infection.
20.11 	The transferring facility must receive confirmation that the receiving facility agrees to accept 
20.12 	the client to be transferred. Confirmation may be in writing or oral. If verbal, the transferring 
20.13 	facility must document who from the receiving facility communicated agreement and the 
20.14 	date and time this person communicated agreement.
20.15 		Subd. 3.Notice required. A transferring facility shall provide the transferred client and 
20.16 	the legal or designated representatives of the transferred client, if any, with a written notice 
20.17 	of transfer that includes the following information:
20.18 	(1) the effective date of transfer;
20.19 	(2) the reason permissible under subdivision 2 for the transfer;
20.20 	(3) the name and contact information of a representative of the transferring facility with 
20.21 	whom the client may discuss the transfer;
20.22 	(4) the name and contact information of a representative of the receiving facility with 
20.23 	whom the client may discuss the transfer;
20.24 	(5) a statement that the transferring facility will participate in a coordinated move and 
20.25 	transfer of the care of the client to the receiving facility, as required under section 15, 
20.26 	subdivision 14, and under Minnesota Statutes, section 144A.44, subdivision 1, clause (18);
20.27 	(6) a statement that a transfer for cohorting purposes does not constitute a termination 
20.28 	of a lease, services, or a service plan; and
20.29 	(7) a statement that a client has a right to return to the transferring facility as provided 
20.30 	under subdivision 9.
21.1 		Subd. 4.Waived transfer requirements for cohorting purposes. (a) The following 
21.2 	requirements related to client rights are waived, or modified as indicated, only for purposes 
21.3 	related to transfers to another facility under subdivision 2:
21.4 	(1) the right to take an active part in developing, modifying, and evaluating the plan and 
21.5 	services under Minnesota Statutes, section 144A.44, clause (2);
21.6 	(2) rights under Minnesota Statutes, section 144A.44, clause (3);
21.7 	(3) rights under Minnesota Statutes, section 144A.44, clause (4);
21.8 	(4) rights under Minnesota Statutes, section 144A.44, clause (9);
21.9 	(5) rights under Minnesota Statutes, section 144A.44, clause (15);
21.10 	(6) timelines for completing assessments under Minnesota Statutes, section 144A.4791, 
21.11 	subdivision 8. A receiving facility must complete client assessments following a transfer 
21.12 	for cohorting purposes as soon as practicable; and
21.13 	(7) timelines for completing service plans under Minnesota Statutes, section 144A.4791, 
21.14 	subdivision 9. A receiving facility must complete client service plans following a transfer 
21.15 	for cohorting purposes as soon as practicable and must review and use the care plan for a 
21.16 	transferred client provided by the transferring facility, adjusting it as necessary to protect 
21.17 	the health and safety of the client.
21.18 		Subd. 5.Mandatory transfer of medical assistance clients for cohorting purposes. (a) 
21.19 	The commissioner of health has the authority to transfer medical assistance clients to another 
21.20 	facility for the purposes under subdivision 2.
21.21 	(b) The commissioner of human services may not deny reimbursement to a facility 
21.22 	receiving a client under this section for a private room or private living unit.
21.23 		Subd. 6.Coordinated transfer required. Nothing in this section shall be construed as 
21.24 	relieving a facility from its duty to provide a coordinated move and transfer of care as 
21.25 	required under section 16, subdivision 14.
21.26 		Subd. 7.Transfers not considered terminations. Nothing in this section shall be 
21.27 	considered inconsistent with a facility's duties under sections 16 and 17. A transfer under 
21.28 	this section is not a termination of a lease, services, or a service plan under section 16 or 
21.29 	17.
21.30 		Subd. 8.No right of appeal. A client may not appeal a transfer under subdivision 2.
22.1 		Subd. 9.Right to return.  If a client is absent from a facility as a result of a transfer 
22.2 	under subdivision 2, the facility must allow a client to return to the transferring facility, 
22.3 	provided the client is determined not to be infectious according to current medical standards.
22.4 		Subd. 10.Appropriate transfers. The commissioner of health shall monitor all transfers 
22.5 	made under this section. The commissioner may audit transfers made under this section for 
22.6 	compliance with the requirements of this section and may take enforcement actions, including 
22.7 	issuing fines for violations. A violation of this section is at least a level 2 violation as defined 
22.8 	in Minnesota Statutes, section 144A.474.
22.9 		Subd. 11.Expiration.  Subdivisions 1 to 9 expire 60 days after the peacetime emergency 
22.10 	declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an 
22.11 	outbreak of COVID-19, is terminated or rescinded by proper authority.

22.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

22.13 	Sec. 19. LONG-TERM CARE COVID-19 TASK FORCE.
 22.14 		Subdivision 1.Membership. (a) A Long-Term Care COVID-19 Task Force consists of 
22.15 	the following members:
22.16 	(1) two senators, including one senator appointed by the senate majority leader and one 
22.17 	senator appointed by the senate minority leader, who shall each be ex officio nonvoting 
22.18 	members;
22.19 	(2) two members of the house of representatives, including one member appointed by 
22.20 	the speaker of the house and one member appointed by the minority leader of the house of 
22.21 	representatives, who shall each be ex officio nonvoting members;
22.22 	(3) four family members of an assisted living client or of a nursing home resident, 
22.23 	appointed by the governor;
22.24 	(4) four assisted living clients or nursing home residents, appointed by the governor;
22.25 	(5) one medical doctor board-certified in infectious disease, appointed by .......;
22.26 	(6) two medical doctors board-certified in geriatric medicine, appointed by .......;
22.27 	(7) one registered nurse or advanced practice registered nurse who provides care in a 
22.28 	nursing home or assisted living services, appointed by .......;
22.29 	(8) two licensed practical nurses who provide care in a nursing home or assisted living 
22.30 	services, appointed by .......;
23.1 	(9) one certified home health aide providing assisted living services or one certified 
23.2 	nursing assistant providing care in a nursing home, appointed by .......;
23.3 	(10) one medical director of a licensed nursing home, appointed by .......;
23.4 	(11) one medical director of a licensed hospice provider, appointed by .......;
23.5 	(12) one licensed nursing home administrator, appointed by .......;
23.6 	(13) one licensed assisted living director, appointed by .......;
23.7 	(14) one representative of a corporate owner of a licensed nursing home or of a housing 
23.8 	with services establishment operating under Minnesota Statutes, chapter 144G, assisted 
23.9 	living title protection, appointed by .......;
23.10 	(15) one representative of an organization representing families of consumers of assisted 
23.11 	living services, appointed by .......;
23.12 	(16) one representative of an organization representing clients and residents living with 
23.13 	dementia, appointed by .......;
23.14 	(17) one housing attorney, appointed by .......;
23.15 	(18) one attorney specializing in elder law or disability benefits law, appointed by .......;
23.16 	(19) the commissioner of human services or a designee, who shall be an ex officio 
23.17 	nonvoting member;
23.18 	(20) the commissioner of health or a designee, who shall be an ex officio nonvoting 
23.19 	member; and
23.20 	(21) the ombudsman for long-term care or designee, who shall be an ex officio nonvoting 
23.21 	member.
23.22 	(b) Appointing authorities must make initial appointments to the Long-Term Care 
23.23 	COVID-19 Task Force by July 1, 2020.
23.24 		Subd. 2.Duties. The Long-Term Care COVID-19 Task Force is established to study 
23.25 	various methods of balancing the rights of assisted living clients and nursing home residents 
23.26 	with the risk of outbreaks of SARS-CoV-2 infections and COVID-19 disease, and to advise 
23.27 	the commissioners of health and human services on the use of their temporary emergency 
23.28 	authorities with respect to providing long-term care during the peacetime emergency related 
23.29 	to COVID-19. The goal of the task force is to minimize the number of deaths in long-term 
23.30 	care facilities resulting from COVID-19 disease. At a minimum, the task force must study:
24.1 	(1) how to minimize isolating assisted living clients and nursing home residents who 
24.2 	are neither suspected or confirmed to have active SARS-CoV-2 infections;
24.3 	(2) how to separate assisted living clients and nursing home residents who are suspected 
24.4 	or confirmed to have active SARS-CoV-2 infections from those clients and residents who 
24.5 	are neither suspected or confirmed to have active SARS-CoV-2 infections;
24.6 	(3) creating facilities dedicated to caring for assisted living clients and nursing home 
24.7 	residents with symptoms of a respiratory infection or confirmed diagnosis of COVID-19;
24.8 	(4) creating facilities dedicated to caring for assisted living clients and nursing home 
24.9 	residents without symptoms of a respiratory infection or confirmed not to have COVID-19 
24.10 	to prevent them from acquiring COVID-19;
24.11 	(5) creating facilities dedicated to caring for, isolating, and observing for up to 14 days 
24.12 	assisted living clients and nursing home residents with known exposure to SARS-CoV-2; 
24.13 	and
24.14 	(6) best practices related to executing hospice orders, provider orders for life-sustaining 
24.15 	treatment, do not resuscitate orders, and do not intubate orders when treating an assisted 
24.16 	living or nursing home resident for COVID-19 disease.
24.17 		Subd. 3.Advisory opinions. The task force may issue advisory opinions to the 
24.18 	commissioners of health and human services regarding the commissioners' use of temporary 
24.19 	emergency authorities granted under emergency executive orders and in law, as well as 
24.20 	under any existing nonemergency authorities. The task force shall forward any advisory 
24.21 	opinions it issues to the chairs and ranking minority members of the legislative committees 
24.22 	with jurisdiction over health and human services policy and finance.
24.23 		Subd. 4.Report. By January 15, 2021, the task force must report to the chairs and 
24.24 	ranking minority members of the legislative committees with jurisdiction over health policy 
24.25 	and finance. The report must:
24.26 	(1) summarize the activities of the task force; and
24.27 	(2) make recommendations for legislative action.
24.28 		Subd. 5.First meeting; chair.   The commissioner or a designee must convene the first 
24.29 	meeting of the Long-Term Care COVID-19 Task Force by July 1, 2020. At the first meeting, 
24.30 	the task force shall elect a chair by a majority vote of those members present.
24.31 		Subd. 6.Meetings. The meetings of the task force are subject to Minnesota Statutes, 
24.32 	chapter 13D.
25.1 		Subd. 7.Administration. The commissioner of health shall provide administrative 
25.2 	services for the task force.
25.3 		Subd. 8.Compensation. Public members are compensated as provided in Minnesota 
25.4 	Statutes, section 15.059, subdivision 4.
25.5 		Subd. 9.Expiration. This section expires the day after submission of the report required 
25.6 	in subdivision 3 or on January 16, 2021, whichever is later.

25.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

25.8 	Sec. 20. DIRECTION TO THE COMMISSIONER OF HEALTH; ELECTRONIC 
25.9 	MONITORING CONSENT FORM.
 25.10 	The commissioner of health shall modify the Resident Representative Consent Form 
25.11 	and the Roommate Representative Consent Form related to electronic monitoring under 
25.12 	Minnesota Statutes, section 144.6502, by removing the instructions requiring a resident 
25.13 	representative to obtain a written determination by the medical professional of the resident 
25.14 	that the resident currently lacks the ability to understand and appreciate the nature and 
25.15 	consequences of electronic monitoring. The commissioner shall not require a resident 
25.16 	representative to submit a written determination with the consent forms.

25.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

25.18 	Sec. 21. DIRECTION TO THE COMMISSIONER OF HEALTH; CONTROLLING 
25.19 	COVID-19 IN UNLICENSED LONG-TERM CARE SETTINGS.
 25.20 		Subdivision 1.State plan for combating COVID-19. (a) The commissioner of health 
25.21 	shall create a state plan for combating the spread of SARS-CoV-2 infections and COVID-19 
25.22 	disease in housing with services establishments registered under Minnesota Statutes, chapter 
25.23 	144D, and in independent senior living settings. The commissioner may consult with the 
25.24 	Long-Term Care COVID-19 Task Force regarding modifications or amendments to the 
25.25 	state plan.
25.26 	(b) In the plan, the commissioner of health must give initial priority to combating 
25.27 	infections and disease in housing with services establishments subject to the dementia care 
25.28 	training requirements under Minnesota Statutes, section 144D.065.
25.29 	(c) In the plan, the commissioner of health must provide to both registered housing with 
25.30 	services establishments and independent senior living settings guidance on alleviating 
25.31 	isolation of residents who are not suspected or known to have an active SARS-CoV-2 
25.32 	infection or COVID-19 disease, including recommendations on how to safely ease restrictions 
26.1 	on visitors entering the setting and on free movement of clients and residents within the 
26.2 	setting and the community.
26.3 	(d) In the plan, the commissioner of health must provide to covered settings, as defined 
26.4 	in Minnesota Statutes, section 325F.721, subdivision 1, paragraph (b), guidelines for 
26.5 	providing safe and effective contactless "I'm okay" check services, as defined in Minnesota 
26.6 	Statutes, section 325F.721, subdivision 1, paragraph (c), or similar services.
26.7 		Subd. 2.Enforcement of disease prevention and infection control requirements 
26.8 	during COVID-19 pandemic. The commissioner of health shall develop protocols to ensure 
26.9 	during the COVID-19 pandemic safe and timely surveys of housing with service 
26.10 	establishments operating under Minnesota Statutes, chapter 144G, assisted living title 
26.11 	protection and of arranged home care providers for compliance with disease prevention and 
26.12 	infection control requirements under Minnesota Statutes, sections 144A.4798 and 144G.03, 
26.13 	subdivisions 7 to 9.
26.14 		Subd. 3.Maltreatment investigations during COVID-19 pandemic. The commissioner 
26.15 	of health shall develop protocols to ensure during the COVID-19 pandemic safe and timely 
26.16 	investigations of maltreatment complaints involving clients or residents of housing with 
26.17 	service establishments operating under Minnesota Statutes, chapter 144G, assisted living 
26.18 	title protection and of arranged home care providers.
26.19 		Subd. 4.Testing of all residents of certain senior living settings. The commissioner 
26.20 	of health shall develop and implement a plan to ensure during the COVID-19 pandemic 
26.21 	safe and timely testing of all residents of independent senior living settings and all residents 
26.22 	of housing with service establishments operating under Minnesota Statutes, chapter 144G, 
26.23 	assisted living title protection.

26.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

26.25 	Sec. 22. APPROPRIATION; BOARD OF EXECUTIVES FOR LONG TERM 
26.26 	SERVICES AND SUPPORTS.
 26.27 	$467,000 in fiscal year 2021 is appropriated from the state government special revenue 
26.28 	fund to the Board of Executives for Long Term Services and Supports for operations. The 
26.29 	base for this appropriation is $722,000 in fiscal year 2022 and $742,000 in fiscal year 2023.

26.30 	EFFECTIVE DATE. This section is effective July 1, 2020.