1.1 	A bill for an act
1.2 	relating to health; modifying consent to electronic monitoring requirements; 
1.3 	modifying provisions related to retaliation in nursing homes and assisted living 
1.4 	facilities; expanding membership and duties of the home care and assisted living 
1.5 	program advisory council; modifying the hospice bill of rights; prohibiting required 
1.6 	binding arbitration agreements in assisted living contracts; modifying medication 
1.7 	management requirements; modifying authority of health care agents to restrict 
1.8 	visitation and communication; amending Minnesota Statutes 2024, sections 
1.9 	144.6502, subdivision 3; 144.6512, subdivision 3, by adding a subdivision; 
1.10 	144A.04, by adding a subdivision; 144A.474, subdivision 11; 144A.4799; 
1.11 	144A.751, subdivision 1; 144G.08, by adding a subdivision; 144G.31, subdivision 
1.12 	8; 144G.51; 144G.71, subdivisions 3, 5; 144G.92, by adding a subdivision; 
1.13 	145C.07, by adding a subdivision; 145C.10.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. Minnesota Statutes 2024, section 144.6502, subdivision 3, is amended to read:
1.16 		Subd. 3.Consent to electronic monitoring. (a) Except as otherwise provided in this 
1.17 	subdivision, a resident must consent to electronic monitoring in the resident's room or private 
1.18 	living unit in writing on a notification and consent form. If the resident has not affirmatively 
1.19 	objected to electronic monitoring and the resident representative attests that the resident's 
1.20 	medical professional determines determined that the resident currently lacks the ability to 
1.21 	understand and appreciate the nature and consequences of electronic monitoring, the resident 
1.22 	representative may consent on behalf of the resident. For purposes of this subdivision, a 
1.23 	resident affirmatively objects when the resident orally, visually, or through the use of 
1.24 	auxiliary aids or services declines electronic monitoring. The resident's response must be 
1.25 	documented on the notification and consent form.
2.1 	(b) Prior to a resident representative consenting on behalf of a resident, the resident must 
2.2 	be asked if the resident wants electronic monitoring to be conducted. The resident 
2.3 	representative must explain to the resident:
2.4 	(1) the type of electronic monitoring device to be used;
2.5 	(2) the standard conditions that may be placed on the electronic monitoring device's use, 
2.6 	including those listed in subdivision 6;
2.7 	(3) with whom the recording may be shared under subdivision 10 or 11; and
2.8 	(4) the resident's ability to decline all recording.
2.9 	(c) A resident, or resident representative when consenting on behalf of the resident, may 
2.10 	consent to electronic monitoring with any conditions of the resident's or resident 
2.11 	representative's choosing, including the list of standard conditions provided in subdivision 
2.12 	6. A resident, or resident representative when consenting on behalf of the resident, may 
2.13 	request that the electronic monitoring device be turned off or the visual or audio recording 
2.14 	component of the electronic monitoring device be blocked at any time.
2.15 	(d) Prior to implementing electronic monitoring, a resident, or resident representative 
2.16 	when acting on behalf of the resident, must obtain the written consent on the notification 
2.17 	and consent form of any other resident residing in the shared room or shared private living 
2.18 	unit. A roommate's or roommate's resident representative's written consent must comply 
2.19 	with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's 
2.20 	resident representative under this paragraph authorizes the resident's use of any recording 
2.21 	obtained under this section, as provided under subdivision 10 or 11.
2.22 	(e) Any resident conducting electronic monitoring must immediately remove or disable 
2.23 	an electronic monitoring device prior to a new roommate moving into a shared room or 
2.24 	shared private living unit, unless the resident obtains the roommate's or roommate's resident 
2.25 	representative's written consent as provided under paragraph (d) prior to the roommate 
2.26 	moving into the shared room or shared private living unit. Upon obtaining the new 
2.27 	roommate's signed notification and consent form and submitting the form to the facility as 
2.28 	required under subdivision 5, the resident may resume electronic monitoring.
2.29 	(f) The resident or roommate, or the resident representative or roommate's resident 
2.30 	representative if the representative is consenting on behalf of the resident or roommate, may 
2.31 	withdraw consent at any time and the withdrawal of consent must be documented on the 
2.32 	original consent form as provided under subdivision 5, paragraph (d).

3.1 	Sec. 2. Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:
3.2 		Subd. 3.Retaliation against a resident. A resident has the right to be free from 
3.3 	retaliation. For purposes of this section, to retaliate against a resident includes but is not 
3.4 	limited to any of the following actions taken or threatened by a nursing home or an agent 
3.5 	of the nursing home against a resident, or any person with a familial, personal, legal, or 
3.6 	professional relationship with the resident:
3.7 	(1) a discharge or transfer;
3.8 	(2) any form of discrimination;
3.9 	(3) restriction or prohibition of access:
3.10 	(i) of the resident to the nursing home or visitors; or
3.11 	(ii) of a family member or a person with a personal, legal, or professional relationship 
3.12 	with the resident, to the resident, unless the restriction is the result of a court order;
3.13 	(4) the imposition of involuntary seclusion or the withholding of food, care, or services;
3.14 	(5) restriction of any of the rights granted to residents under state or federal law;
3.15 	(6) restriction or reduction of access to or use of amenities, care, services, privileges, or 
3.16 	living arrangements; or
3.17 	(7) unauthorized removal, tampering with, or deprivation of technology, communication, 
3.18 	or electronic monitoring devices.

3.19 	Sec. 3. Minnesota Statutes 2024, section 144.6512, is amended by adding a subdivision 
3.20 	to read:
3.21 		Subd. 5a.Other remedies. In addition to the remedies otherwise provided by or available 
3.22 	under the law, a resident or a resident's legal representative may bring an action against a 
3.23 	nursing home for retaliation as defined in this chapter.

3.24 	Sec. 4. Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision to 
3.25 	read:
3.26 		Subd. 13.Retaliation prevention training required. All employees of a nursing home, 
3.27 	including managerial officials and licensed administrators, must participate in annual training 
3.28 	on the requirements of section 144.6512 and preventing retaliation against nursing home 
3.29 	residents.

4.1 	Sec. 5. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read:
4.2 		Subd. 11.Fines. (a) Fines and enforcement actions under this subdivision may be assessed 
4.3 	based on the level and scope of the violations described in paragraph (b) and imposed 
4.4 	immediately with no opportunity to correct the violation first as follows:
4.5 	(1) Level 1, no fines or enforcement;
4.6 	(2) Level 2, a fine of $500 per violation, in addition to any of the enforcement 
4.7 	mechanisms authorized in section 144A.475 for widespread violations;
4.8 	(3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement 
4.9 	mechanisms authorized in section 144A.475;
4.10 	(4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement 
4.11 	mechanisms authorized in section 144A.475;
4.12 	(5) for maltreatment violations for which the licensee was determined to be responsible 
4.13 	for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000. 
4.14 	A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible 
4.15 	for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury; 
4.16 	and
4.17 	(6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized 
4.18 	for both surveys and investigations conducted.
4.19 	When a fine is assessed against a facility for substantiated maltreatment, the commissioner 
4.20 	shall not also impose an immediate fine under this chapter for the same circumstance.
4.21 	(b) Correction orders for violations are categorized by both level and scope and fines 
4.22 	shall be assessed as follows:
4.23 	(1) level of violation:
4.24 	(i) Level 1 is a violation that has no potential to cause more than a minimal impact on 
4.25 	the client and does not affect health or safety;
4.26 	(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential 
4.27 	to have harmed a client's health or safety, but was not likely to cause serious injury, 
4.28 	impairment, or death;
4.29 	(iii) Level 3 is a violation that harmed a client's health or safety, not including serious 
4.30 	injury, impairment, or death, or a violation that has the potential to lead to serious injury, 
4.31 	impairment, or death; and
5.1 	(iv) Level 4 is a violation that results in serious injury, impairment, or death;
5.2 	(2) scope of violation:
5.3 	(i) isolated, when one or a limited number of clients are affected or one or a limited 
5.4 	number of staff are involved or the situation has occurred only occasionally;
5.5 	(ii) pattern, when more than a limited number of clients are affected, more than a limited 
5.6 	number of staff are involved, or the situation has occurred repeatedly but is not found to be 
5.7 	pervasive; and
5.8 	(iii) widespread, when problems are pervasive or represent a systemic failure that has 
5.9 	affected or has the potential to affect a large portion or all of the clients.
5.10 	(c) If the commissioner finds that the applicant or a home care provider has not corrected 
5.11 	violations by the date specified in the correction order or conditional license resulting from 
5.12 	a survey or complaint investigation, the commissioner shall provide a notice of 
5.13 	noncompliance with a correction order by email to the applicant's or provider's last known 
5.14 	email address. The noncompliance notice must list the violations not corrected.
5.15 	(d) For every violation identified by the commissioner, the commissioner shall issue an 
5.16 	immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct 
5.17 	the violation in the time specified. The issuance of an immediate fine can occur in addition 
5.18 	to any enforcement mechanism authorized under section 144A.475. The immediate fine 
5.19 	may be appealed as allowed under this subdivision.
5.20 	(e) The license holder must pay the fines assessed on or before the payment date specified. 
5.21 	If the license holder fails to fully comply with the order, the commissioner may issue a 
5.22 	second fine or suspend the license until the license holder complies by paying the fine. A 
5.23 	timely appeal shall stay payment of the fine until the commissioner issues a final order.
5.24 	(f) A license holder shall promptly notify the commissioner in writing when a violation 
5.25 	specified in the order is corrected. If upon reinspection the commissioner determines that 
5.26 	a violation has not been corrected as indicated by the order, the commissioner may issue a 
5.27 	second fine. The commissioner shall notify the license holder by mail to the last known 
5.28 	address in the licensing record that a second fine has been assessed. The license holder may 
5.29 	appeal the second fine as provided under this subdivision.
5.30 	(g) A home care provider that has been assessed a fine under this subdivision has a right 
5.31 	to a reconsideration or a hearing under this section and chapter 14.
6.1 	(h) When a fine has been assessed, the license holder may not avoid payment by closing, 
6.2 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
6.3 	license holder shall be liable for payment of the fine.
6.4 	(i) In addition to any fine imposed under this section, the commissioner may assess a 
6.5 	penalty amount based on costs related to an investigation that results in a final order assessing 
6.6 	a fine or other enforcement action authorized by this chapter.
6.7 	(j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated 
6.8 	special revenue account. On an annual basis, the balance in the special revenue account 
6.9 	shall be appropriated to the commissioner to implement the recommendations of the advisory 
6.10 	council established in section 144A.4799. The commissioner must publish on the department's 
6.11 	website an annual report on the fines assessed and collected, and how the appropriated 
6.12 	money was allocated.
6.13 	(k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated 
6.14 	special revenue account and appropriated to the commissioner to provide compensation 
6.15 	according to subdivision 14 to clients subject to maltreatment. A client may choose to receive 
6.16 	compensation from this fund, not to exceed $5,000 for each substantiated finding of 
6.17 	maltreatment, or take civil action. This paragraph expires July 31, 2021.

6.18 	Sec. 6. Minnesota Statutes 2024, section 144A.4799, is amended to read:
6.19 	144A.4799 DEPARTMENT OF HEALTH LICENSED HOME CARE PROVIDER
6.20 	AND ASSISTED LIVING ADVISORY COUNCIL.
6.21 		Subdivision 1.Membership. The commissioner of health shall appoint 13 14 persons 
6.22 	to a home care and assisted living program advisory council consisting of the following:
6.23 	(1) two four public members as defined in section 214.02who shall be persons who are 
6.24 	currently receiving home care services, persons who have received home care services 
6.25 	within five years of the application date, persons who have family members receiving home 
6.26 	care services, or persons who have family members who have received home care services 
6.27 	within five years of the application date, one of whom must be a person who either is 
6.28 	receiving or has received home care services within the five years prior to initial appointment, 
6.29 	one of whom must be a person who has or had a family member receiving home care services 
6.30 	within the five years prior to initial appointment, one of whom must be a person who either 
6.31 	is or has been a resident in an assisted living facility within the five years prior to initial 
6.32 	appointment, and one of whom must be a person who has or had a family member residing 
6.33 	in an assisted living facility within the five years prior to initial appointment;
7.1 	(2) two Minnesota home care licensees representing basic and comprehensive levels of 
7.2 	licensure who may be a managerial official, an administrator, a supervising registered nurse, 
7.3 	or an unlicensed personnel performing home care tasks;
7.4 	(3) one member representing the Minnesota Board of Nursing;
7.5 	(4) one member representing the Office of Ombudsman for Long-Term Care;
7.6 	(5) one member representing the Office of Ombudsman for Mental Health and 
7.7 	Developmental Disabilities;
7.8 	(6) beginning July 1, 2021, one member of a county health and human services or county 
7.9 	adult protection office;
7.10 	(7) two Minnesota assisted living facility licensees representing assisted living facilities 
7.11 	and assisted living facilities with dementia care levels of licensure who may be the facility's 
7.12 	assisted living director, managerial official, or clinical nurse supervisor;
7.13 	(8) one organization representing long-term care providers, home care providers, and 
7.14 	assisted living providers in Minnesota; and
7.15 	(9) two public members as defined in section 214.02. One public member shall be a 
7.16 	person who either is or has been a resident in an assisted living facility and one public 
7.17 	member shall be a person who has or had a family member living in an assisted living 
7.18 	facility setting one representative of a consumer advocacy organization representing 
7.19 	individuals receiving long-term care from licensed home care or assisted living providers.
7.20 		Subd. 2.Organizations and meetings. The advisory council shall be organized and 
7.21 	administered under section 15.059 with per diems and costs paid within the limits of available 
7.22 	appropriations. Meetings will be held quarterly and hosted by the department. Subcommittees 
7.23 	may be developed as necessary by the commissioner. Advisory council meetings are subject 
7.24 	to the Open Meeting Law under chapter 13D.
7.25 		Subd. 3.Duties. (a) At the commissioner's request, the advisory council shall provide 
7.26 	advice regarding regulations of Department of Health licensed assisted living and home 
7.27 	care providers in this chapter and chapter 144G, including advice on the following:
7.28 	(1) community standards for home care practices;
7.29 	(2) enforcement of licensing standards and whether certain disciplinary actions are 
7.30 	appropriate;
7.31 	(3) ways of distributing information to licensees and consumers of .home care and 
7.32 	assisted living services defined under chapter 144G;
8.1 	(4) training standards;
8.2 	(5) identifying emerging issues and opportunities in home care and assisted living services 
8.3 	defined under chapter 144G;
8.4 	(6) identifying the use of technology in home and telehealth capabilities;
8.5 	(7) allowable home care licensing modifications and exemptions, including a method 
8.6 	for an integrated license with an existing license for rural licensed nursing homes to provide 
8.7 	limited home care services in an adjacent independent living apartment building owned by 
8.8 	the licensed nursing home; and
8.9 	(8) recommendations for studies using the data in section 62U.04, subdivision 4, including 
8.10 	but not limited to studies concerning costs related to dementia and chronic disease among 
8.11 	an elderly population over 60 and additional long-term care costs, as described in section 
8.12 	62U.10, subdivision 6.
8.13 	(b) The advisory council shall perform other duties as directed by the commissioner.
8.14 	(c) The advisory council shall annually make recommendations annually to the 
8.15 	commissioner for the purposes of allocating the appropriation in section sections144A.474, 
8.16 	subdivision 11, paragraph (i) (j), and 144G.31, subdivision 8. The recommendations shall 
8.17 	address ways the commissioner may improve protection of the public under existing statutes 
8.18 	and laws and improve quality of care. The council's recommendations may include but are 
8.19 	not limited to special projects or initiatives that:
8.20 	(1) create and administer training of licensees and ongoing training for their employees 
8.21 	to improve clients' and residents' lives, supporting ways that support licensees,can improve 
8.22 	and enhance quality care, and ways to provide technical assistance to licensees to improve 
8.23 	compliance;
8.24 	(2) develop and implement information technology and data projects that analyze and 
8.25 	communicate information about trends of in violations or lead to ways of improving resident 
8.26 	and client care;
8.27 	(3) improve communications strategies to licensees and the public;
8.28 	(4) recruit and retain direct care staff;
8.29 	(5) ensure sufficient education related to the care of vulnerable adults in professional 
8.30 	nursing programs, nurse aide programs, and home health aide programs; and
8.31 	(6)other projects or pilots that benefit residents, clients, families, and the public in other 
8.32 	ways.

9.1 	EFFECTIVE DATE. This section is effective July 1, 2025, and the amendments to 
9.2 	subdivision 1, clause (1), apply to members whose initial appointment occurs on or after 
9.3 	that date.

9.4 	Sec. 7. Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:
9.5 		Subdivision 1.Statement of rights. An individual who receives hospice care has the 
9.6 	right to:
9.7 	(1) receive written information about rights in advance of receiving hospice care or 
9.8 	during the initial evaluation visit before the initiation of hospice care, including what to do 
9.9 	if rights are violated;
9.10 	(2) receive care and services according to a suitable hospice plan of care and subject to 
9.11 	accepted hospice care standards and to take an active part in creating and changing the plan 
9.12 	and evaluating care and services;
9.13 	(3) be told in advance of receiving care about the services that will be provided, the 
9.14 	disciplines that will furnish care, the frequency of visits proposed to be furnished, other 
9.15 	choices that are available, and the consequence of these choices, including the consequences 
9.16 	of refusing these services;
9.17 	(4) be told in advance, whenever possible, of any change in the hospice plan of care and 
9.18 	to take an active part in any change;
9.19 	(5) refuse services or treatment;
9.20 	(6) know, in advance, any limits to the services available from a provider, and the 
9.21 	provider's grounds for a termination of services;
9.22 	(7) know in advance of receiving care whether the hospice services may be covered by 
9.23 	health insurance, medical assistance, Medicare, or other health programs in which the 
9.24 	individual is enrolled;
9.25 	(8) receive, upon request, a good faith estimate of the reimbursement the provider expects 
9.26 	to receive from the health plan company in which the individual is enrolled. A good faith 
9.27 	estimate must also be made available at the request of an individual who is not enrolled in 
9.28 	a health plan company. This payment information does not constitute a legally binding 
9.29 	estimate of the cost of services;
9.30 	(9) know that there may be other services available in the community, including other 
9.31 	end of life services and other hospice providers, and know where to go for information 
9.32 	about these services;
10.1 	(10) choose freely among available providers and change providers after services have 
10.2 	begun, within the limits of health insurance, medical assistance, Medicare, or other health 
10.3 	programs;
10.4 	(11) have personal, financial, and medical information kept private and be advised of 
10.5 	the provider's policies and procedures regarding disclosure of such information;
10.6 	(12) be allowed access to records and written information from records according to 
10.7 	sections 144.291 to 144.298;
10.8 	(13) be served by people who are properly trained and competent to perform their duties;
10.9 	(14) be treated with courtesy and respect and to have the patient's property treated with 
10.10 	respect;
10.11 	(15) voice grievances regarding treatment or care that is, or fails to be, furnished or 
10.12 	regarding the lack of courtesy or respect to the patient or the patient's property;
10.13 	(16) be free from physical and verbal abuse;
10.14 	(17) reasonable, advance notice of changes in services or charges, including at least ten 
10.15 	days' advance notice of the termination of a service by a provider, except in cases where:
10.16 	(i) the recipient of services engages in conduct that alters the conditions of employment 
10.17 	between the hospice provider and the individual providing hospice services, or creates an 
10.18 	abusive or unsafe work environment for the individual providing hospice services;
10.19 	(ii) an emergency for the informal caregiver or a significant change in the recipient's 
10.20 	condition has resulted in service needs that exceed the current service provider agreement 
10.21 	and that cannot be safely met by the hospice provider; or
10.22 	(iii) the recipient is no longer certified as terminally ill;
10.23 	(18) a coordinated transfer when there will be a change in the provider of services;
10.24 	(19) know how to contact an individual associated with the provider who is responsible 
10.25 	for handling problems and to have the provider investigate and attempt to resolve the 
10.26 	grievance or complaint;
10.27 	(20) know the name and address of the state or county agency to contact for additional 
10.28 	information or assistance;
10.29 	(21) assert these rights personally, or have them asserted by the hospice patient's family 
10.30 	when the patient has been judged incompetent, without retaliation; and
11.1 	(22) have pain and symptoms managed to the patient's desired level of comfort, including 
11.2 	ensuring appropriate pain medications are immediately available to the patient;
11.3 	(23) revoke hospice election at any time; and
11.4 	(24) receive curative treatment for any condition unrelated to the condition that qualified 
11.5 	the individual for hospice, while remaining on hospice election.

11.6 	Sec. 8. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to 
11.7 	read:
11.8 		Subd. 55a.Registered nurse. "Registered nurse" has the meaning given in section 
11.9 	148.171, subdivision 20.

11.10 	Sec. 9. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:
11.11 		Subd. 8.Deposit of fines. Fines collected under this section shall be deposited in a 
11.12 	dedicated special revenue account. On an annual basis, the balance in the special revenue 
11.13 	account shall be appropriated to the commissioner for special projects to improve resident 
11.14 	quality of care and outcomes in assisted living facilities licensed under this chapter in 
11.15 	Minnesota as recommended by the advisory council established in section 144A.4799. The 
11.16 	commissioner must publish on the department's website an annual report on the fines assessed 
11.17 	and collected, and how the appropriated money was allocated.

11.18 	Sec. 10. Minnesota Statutes 2024, section 144G.51, is amended to read:
11.19 	144G.51 ARBITRATION.
11.20 	(a) An assisted living facility must If an assisted living facility includes an arbitration 
11.21 	provision in the assisted living contract, the provision and contract must:
11.22 	(1) clearly and conspicuously disclose, in writing in an assisted living contract, any 
11.23 	arbitration provision in the contract that precludes, or limits, or delays the ability of a resident 
11.24 	or the resident's agent from taking a civil action.;
11.25 	(b) An arbitration requirement must not include a choice of law or choice of venue 
11.26 	provision. Assisted living contracts must (2) adhere to Minnesota law and any other 
11.27 	applicable federal or local law.;
11.28 	(3) not require any resident or the resident's representative to sign a contract containing 
11.29 	a provision for binding arbitration as a condition of admission to, or as a requirement to 
11.30 	continue to receive care at, the facility; and
12.1 	(4) explicitly inform the resident or the resident's representative of the resident's right 
12.2 	not to sign a contract containing a provision for binding arbitration as a condition of 
12.3 	admission to, or as a requirement to continue to receive care at, the facility.

12.4 	Sec. 11. Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:
12.5 		Subd. 3.Individualized medication monitoring and reassessment. The assisted living 
12.6 	facility A registered nurse or qualified staff delegated the task by a registered nurse must 
12.7 	monitor and reassess the resident's medication management services as needed under 
12.8 	subdivision 2 when the resident presents with symptoms or other issues that may be 
12.9 	medication-related and, at a minimum, annually.

12.10 	Sec. 12. Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:
12.11 		Subd. 5.Individualized medication management plan. (a) For each resident receiving 
12.12 	medication management services, the assisted living facility a registered nurse or qualified 
12.13 	staff delegated the task by a registered nurse must prepare and include in the service plan 
12.14 	a written statement of the medication management services that will be provided to the 
12.15 	resident. The facility must develop and maintain a current individualized medication 
12.16 	management record for each resident based on the resident's assessment that must contain 
12.17 	the following:
12.18 	(1) a statement describing the medication management services that will be provided;
12.19 	(2) a description of storage of medications based on the resident's needs and preferences, 
12.20 	risk of diversion, and consistent with the manufacturer's directions;
12.21 	(3) documentation of specific resident instructions relating to the administration of 
12.22 	medications;
12.23 	(4) identification of persons responsible for monitoring medication supplies and ensuring 
12.24 	that medication refills are ordered on a timely basis;
12.25 	(5) identification of medication management tasks that may be delegated to unlicensed 
12.26 	personnel;
12.27 	(6) procedures for staff notifying a registered nurse or appropriate licensed health 
12.28 	professional when a problem arises with medication management services; and
12.29 	(7) any resident-specific requirements relating to documenting medication administration, 
12.30 	verifications that all medications are administered as prescribed, and monitoring of 
12.31 	medication use to prevent possible complications or adverse reactions.
13.1 	(b) The medication management record must be current and updated when there are any 
13.2 	changes.
13.3 	(c) Medication reconciliation must be completed when a licensed nurse, licensed health 
13.4 	professional, or authorized prescriber is providing medication management.

13.5 	Sec. 13. Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision 
13.6 	to read:
13.7 		Subd. 4a.Other remedies. In addition to the remedies otherwise provided by or available 
13.8 	under the law, a resident or a resident's legal representative may bring an action against an 
13.9 	assisted living facility for retaliation as defined in this chapter.

13.10 	Sec. 14. Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision 
13.11 	to read:
13.12 		Subd. 6.Visits by others. A health care agent may not restrict the ability of the principal 
13.13 	to communicate, visit, or interact with others, including receiving visitors, making or 
13.14 	receiving telephone calls, sending or receiving personal mail, sending or receiving electronic 
13.15 	communications including through social media, or participating in social activities, unless 
13.16 	the health care agent has good cause to believe a restriction is necessary because interaction 
13.17 	with the person poses a risk of significant physical, psychological, or financial harm to the 
13.18 	principal, and there is no other means to avoid such significant harm. Notwithstanding 
13.19 	section 145C.10, paragraph (c), restrictions made in violation of this subdivision carry no 
13.20 	presumption that the health care agent is acting in good faith.

13.21 	Sec. 15. Minnesota Statutes 2024, section 145C.10, is amended to read:
13.22 	145C.10 PRESUMPTIONS.
13.23 	(a) The principal is presumed to have the capacity to execute a health care directive and 
13.24 	to revoke a health care directive, absent clear and convincing evidence to the contrary.
13.25 	(b) A health care provider or health care agent may presume that a health care directive 
13.26 	is legally sufficient absent actual knowledge to the contrary. A health care directive is 
13.27 	presumed to be properly executed, absent clear and convincing evidence to the contrary.
13.28 	(c) Except as provided in section 145C.07, subdivision 6, a health care agent, and a 
13.29 	health care provider acting pursuant to the direction of a health care agent, are presumed to 
13.30 	be acting in good faith, absent clear and convincing evidence to the contrary.
14.1 	(d) A health care directive is presumed to remain in effect until the principal modifies 
14.2 	or revokes it, absent clear and convincing evidence to the contrary.
14.3 	(e) This chapter does not create a presumption concerning the intention of an individual 
14.4 	who has not executed a health care directive and, except as otherwise provided by section 
14.5 	145C.15, does not impair or supersede any right or responsibility of an individual to consent, 
14.6 	refuse to consent, or withdraw consent to health care on behalf of another in the absence of 
14.7 	a health care directive.
14.8 	(f) A copy of a health care directive is presumed to be a true and accurate copy of the 
14.9 	executed original, absent clear and convincing evidence to the contrary, and must be given 
14.10 	the same effect as an original.
14.11 	(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable 
14.12 	medical judgment there is a real possibility that if health care to sustain her life and the life 
14.13 	of the fetus is provided the fetus could survive to the point of live birth, the health care 
14.14 	provider shall presume that the patient would have wanted such health care to be provided, 
14.15 	even if the withholding or withdrawal of such health care would be authorized were she not 
14.16 	pregnant. This presumption is negated by health care directive provisions described in 
14.17 	section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in 
14.18 	the absence of such provisions, by clear and convincing evidence that the patient's wishes, 
14.19 	while competent, were to the contrary.