SF 1918

3rd Engrossment - 94th Legislature (2025 - 2026)

Posted on 07/18/2025 01:38 p.m.

A bill for an act
relating to health; modifying consent to electronic monitoring requirements;
modifying provisions related to retaliation in nursing homes and assisted living
facilities; expanding membership and duties of the home care and assisted living
program advisory council; modifying the hospice bill of rights; prohibiting required
binding arbitration agreements in assisted living contracts; modifying medication
management requirements; modifying authority of health care agents to restrict
visitation and communication; amending Minnesota Statutes 2024, sections
144.6502, subdivision 3; 144.6512, subdivision 3, by adding a subdivision;
144A.04, by adding a subdivision; 144A.474, subdivision 11; 144A.4799;
144A.751, subdivision 1; 144G.08, by adding a subdivision; 144G.31, subdivision
8; 144G.51; 144G.71, subdivisions 3, 5; 144G.92, subdivision 2, by adding a
subdivision; 145C.07, by adding a subdivision; 145C.10.

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

Section 1.

Minnesota Statutes 2024, section 144.6502, subdivision 3, is amended to read:

Subd. 3.

Consent to electronic monitoring.

(a) Except as otherwise provided in this
subdivision, a resident must consent to electronic monitoring in the resident's room or private
living unit in writing on a notification and consent form. If the resident has not affirmatively
objected to electronic monitoring and the new text begin resident representative attests that the new text end resident's
medical professional deleted text begin determines deleted text end new text begin determined new text end that the resident currently lacks the ability to
understand and appreciate the nature and consequences of electronic monitoring, the resident
representative may consent on behalf of the resident. For purposes of this subdivision, a
resident affirmatively objects when the resident orally, visually, or through the use of
auxiliary aids or services declines electronic monitoring. The resident's response must be
documented on the notification and consent form.

(b) Prior to a resident representative consenting on behalf of a resident, the resident must
be asked if the resident wants electronic monitoring to be conducted. The resident
representative must explain to the resident:

(1) the type of electronic monitoring device to be used;

(2) the standard conditions that may be placed on the electronic monitoring device's use,
including those listed in subdivision 6;

(3) with whom the recording may be shared under subdivision 10 or 11; and

(4) the resident's ability to decline all recording.

(c) A resident, or resident representative when consenting on behalf of the resident, may
consent to electronic monitoring with any conditions of the resident's or resident
representative's choosing, including the list of standard conditions provided in subdivision
6. A resident, or resident representative when consenting on behalf of the resident, may
request that the electronic monitoring device be turned off or the visual or audio recording
component of the electronic monitoring device be blocked at any time.

(d) Prior to implementing electronic monitoring, a resident, or resident representative
when acting on behalf of the resident, must obtain the written consent on the notification
and consent form of any other resident residing in the shared room or shared private living
unit. A roommate's or roommate's resident representative's written consent must comply
with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
resident representative under this paragraph authorizes the resident's use of any recording
obtained under this section, as provided under subdivision 10 or 11.

(e) Any resident conducting electronic monitoring must immediately remove or disable
an electronic monitoring device prior to a new roommate moving into a shared room or
shared private living unit, unless the resident obtains the roommate's or roommate's resident
representative's written consent as provided under paragraph (d) prior to the roommate
moving into the shared room or shared private living unit. Upon obtaining the new
roommate's signed notification and consent form and submitting the form to the facility as
required under subdivision 5, the resident may resume electronic monitoring.

(f) The resident or roommate, or the resident representative or roommate's resident
representative if the representative is consenting on behalf of the resident or roommate, may
withdraw consent at any time and the withdrawal of consent must be documented on the
original consent form as provided under subdivision 5, paragraph (d).

Sec. 2.

Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:

Subd. 3.

Retaliation against a resident.

new text begin A resident has the right to be free from
retaliation. new text end For purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a nursing home or an agent
of the nursing home against a resident, or any person with a familial, personal, legal, or
professional relationship with the resident:

(1) a discharge or transfer;

(2) any form of discrimination;

(3) restriction or prohibition of access:

(i) of the resident to the nursing home or visitors; or

(ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident, unless the restriction is the result of a court order;

(4) the imposition of involuntary seclusion or the withholding of food, care, or services;

(5) restriction of any of the rights granted to residents under state or federal law;

(6) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements; or

(7) unauthorized removal, tampering with, or deprivation of technology, communication,
or electronic monitoring devices.

Sec. 3.

Minnesota Statutes 2024, section 144.6512, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Other remedies. new text end

new text begin In addition to the remedies otherwise provided by or available
under the law, a resident or a resident's legal representative may bring an action in district
court against a nursing home that retaliates against the resident in violation of this section.
The court may award damages, injunctive relief, and any other relief the court deems just
and equitable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Retaliation prevention training required. new text end

new text begin All employees of a nursing home,
including managerial officials and licensed administrators, must participate in annual training
on the requirements of section 144.6512 and preventing retaliation against nursing home
residents.
new text end

Sec. 5.

Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read:

Subd. 11.

Fines.

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

(1) Level 1, no fines or enforcement;

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

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

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

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

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

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

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

(1) level of violation:

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

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

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

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

(2) scope of violation:

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

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

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

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

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

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

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

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

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

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

(j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated
special revenue account. On an annual basis, the balance in the special revenue account
shall be appropriated to the commissioner to implement the recommendations of the advisory
council established in section 144A.4799. new text begin The commissioner must publish on the department's
website an annual report on the fines assessed and collected, and how the appropriated
money was allocated.
new text end

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

Sec. 6.

Minnesota Statutes 2024, section 144A.4799, is amended to read:

144A.4799 deleted text begin DEPARTMENT OF HEALTH LICENSED deleted text end HOME CARE deleted text begin PROVIDER deleted text end new text begin
AND ASSISTED LIVING new text end ADVISORY COUNCIL.

Subdivision 1.

Membership.

The commissioner of health shall appoint deleted text begin 13 deleted text end new text begin 14 new text end persons
to a home care and assisted living deleted text begin program deleted text end advisory council consisting of the following:

(1) deleted text begin two deleted text end new text begin four new text end public members as defined in section 214.02 deleted text begin who shall be persons who are
currently receiving home care services, persons who have received home care services
within five years of the application date, persons who have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date deleted text end new text begin , one of whom must be a person who either is
receiving or has received home care services preferably within the five years prior to initial
appointment, one of whom must be a person who has or had a family member receiving
home care services preferably within the five years prior to initial appointment, one of whom
must be a person who either is or has been a resident in an assisted living facility preferably
within the five years prior to initial appointment, and one of whom must be a person who
has or had a family member residing in an assisted living facility preferably within the five
years prior to initial appointment new text end ;

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

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

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

(5) one member representing the Office of Ombudsman for Mental Health and
Developmental Disabilities;

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

(7) two Minnesota assisted living facility licensees representing assisted living facilities
and assisted living facilities with dementia care levels of licensure who may be the facility's
assisted living director, managerial official, or clinical nurse supervisor;

(8) one organization representing long-term care providers, home care providers, and
assisted living providers in Minnesota; and

(9) deleted text begin two public members as defined in section 214.02. One public member shall be a
person who either is or has been a resident in an assisted living facility and one public
member shall be a person who has or had a family member living in an assisted living
facility setting deleted text end new text begin one representative of a consumer advocacy organization representing
individuals receiving long-term care from licensed home care or assisted living providers new text end .

Subd. 2.

Organizations and meetings.

The advisory council shall be organized and
administered under section 15.059 with per diems and costs paid within the limits of available
appropriations. Meetings will be held quarterly and hosted by the department. Subcommittees
may be developed as necessary by the commissioner. Advisory council meetings are subject
to the Open Meeting Law under chapter 13D.

Subd. 3.

Duties.

(a) At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed assisted living and home
care providers in this chapter new text begin and chapter 144G new text end , including advice on the following:

(1) community standards for home care practices;

(2) enforcement of licensing standards and whether certain disciplinary actions are
appropriate;

(3) ways of distributing information to licensees and consumers of new text begin . new text end home care and
assisted living services defined under chapter 144G;

(4) training standards;

(5) identifying emerging issues and opportunities in home care and assisted living services
defined under chapter 144G;

(6) identifying the use of technology in home and telehealth capabilities;

(7) allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to provide
limited home care services in an adjacent independent living apartment building owned by
the licensed nursing home; and

(8) recommendations for studies using the data in section 62U.04, subdivision 4, including
but not limited to studies concerning costs related to dementia and chronic disease among
an elderly population over 60 and additional long-term care costs deleted text begin , as described in section
62U.10, subdivision 6 deleted text end .

(b) The advisory council shall perform other duties as directed by the commissioner.

(c) The advisory council shall deleted text begin annually deleted text end make recommendations new text begin annually new text end to the
commissioner for the purposes new text begin of allocating the appropriation new text end in deleted text begin section deleted text end new text begin sections new text end 144A.474,
subdivision 11, paragraph deleted text begin (i) deleted text end new text begin (j), and 144G.31, subdivision 8 new text end . new text begin The commissioner shall act
upon the recommendations of the advisory council within one year of the advisory council
submitting its recommendations to the commissioner. new text end The recommendations shall address
ways the commissioner may improve protection of the public under existing statutes and
laws and new text begin improve quality of care. The council's recommendations may new text end include but are not
limited to new text begin special new text end projects new text begin or initiatives new text end that new text begin :
new text end

new text begin (1) new text end create and administer training of licensees and new text begin ongoing training for new text end their employees
to improve new text begin clients' and new text end residents' lives, deleted text begin supporting ways that deleted text end new text begin support new text end licensees new text begin , new text end deleted text begin can deleted text end improve
and enhance quality care new text begin , new text end and deleted text begin ways to deleted text end provide technical assistance to licensees to improve
compliance;

new text begin (2) develop and implement new text end information technology and data projects that analyze and
communicate information about trends deleted text begin of deleted text end new text begin in new text end violations or lead to ways of improving new text begin resident
and new text end client care;

new text begin (3) improve new text end communications strategies to licensees and the public new text begin ;
new text end

new text begin (4) recruit and retain direct care staff;
new text end

new text begin (5) recommend education related to the care of vulnerable adults in professional nursing
programs, nurse aide programs, and home health aide programs new text end ; and

new text begin (6) new text end deleted text begin other projects or pilots that deleted text end benefit new text begin residents, new text end clients, families, and the public new text begin in other
ways new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and the amendments to
subdivision 1, clause (1), apply to members whose initial appointment occurs on or after
that date.
new text end

Sec. 7.

Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:

Subdivision 1.

Statement of rights.

An individual who receives hospice care has the
right to:

(1) receive written information about rights in advance of receiving hospice care or
during the initial evaluation visit before the initiation of hospice care, including what to do
if rights are violated;

(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;

(3) be told in advance of receiving care about the services that will be provided, the
disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequence of these choices, including the consequences
of refusing these services;

(4) be told in advance, whenever possible, of any change in the hospice plan of care and
to take an active part in any change;

(5) refuse services or treatment;

(6) know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;

(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the
individual is enrolled;

(8) receive, upon request, a good faith estimate of the reimbursement the provider expects
to receive from the health plan company in which the individual is enrolled. A good faith
estimate must also be made available at the request of an individual who is not enrolled in
a health plan company. This payment information does not constitute a legally binding
estimate of the cost of services;

(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information
about these services;

(10) choose freely among available providers and change providers after services have
begun, within the limits of health insurance, medical assistance, Medicare, or other health
programs;

(11) have personal, financial, and medical information kept private and be advised of
the provider's policies and procedures regarding disclosure of such information;

(12) be allowed access to records and written information from records according to
sections 144.291 to 144.298;

(13) be served by people who are properly trained and competent to perform their duties;

(14) be treated with courtesy and respect and to have the patient's property treated with
respect;

(15) voice grievances regarding treatment or care that is, or fails to be, furnished or
regarding the lack of courtesy or respect to the patient or the patient's property;

(16) be free from physical and verbal abuse;

(17) reasonable, advance notice of changes in services or charges, including at least ten
days' advance notice of the termination of a service by a provider, except in cases where:

(i) the recipient of services engages in conduct that alters the conditions of employment
between the hospice provider and the individual providing hospice services, or creates an
abusive or unsafe work environment for the individual providing hospice services;

(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the hospice provider; or

(iii) the recipient is no longer certified as terminally ill;

(18) a coordinated transfer when there will be a change in the provider of services;

(19) know how to contact an individual associated with the provider who is responsible
for handling problems and to have the provider investigate and attempt to resolve the
grievance or complaint;

(20) know the name and address of the state or county agency to contact for additional
information or assistance;

(21) assert these rights personally, or have them asserted by the hospice patient's family
when the patient has been judged incompetent, without retaliation; deleted text begin and
deleted text end

(22) have pain and symptoms managed to the patient's desired level of comfort new text begin , including
ensuring appropriate pain medications are immediately available to the patient;
new text end

new text begin (23) revoke hospice election at any time; and
new text end

new text begin (24) receive curative treatment for any condition unrelated to the condition that qualified
the individual for hospice, while remaining on hospice election new text end .

Sec. 8.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 55a. new text end

new text begin Registered nurse. new text end

new text begin "Registered nurse" has the meaning given in section
148.171, subdivision 20.
new text end

Sec. 9.

Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:

Subd. 8.

Deposit of fines.

Fines collected under this section shall be deposited in a
dedicated special revenue account. On an annual basis, the balance in the special revenue
account shall be appropriated to the commissioner for special projects to improve resident
quality of care and outcomes in assisted living facilities licensed under this chapter in
Minnesota as recommended by the advisory council established in section 144A.4799. new text begin The
commissioner must publish on the department's website an annual report on the fines assessed
and collected, and how the appropriated money was allocated.
new text end

Sec. 10.

Minnesota Statutes 2024, section 144G.51, is amended to read:

144G.51 ARBITRATION.

deleted text begin (a) An assisted living facility must deleted text end new text begin If an assisted living facility includes an arbitration
provision in the assisted living contract, the provision and contract must:
new text end

new text begin (1) new text end clearly and conspicuously disclose, in writing deleted text begin in an assisted living contract deleted text end , any
arbitration provision in the contract that precludes deleted text begin , deleted text end new text begin or new text end limits deleted text begin , or delays deleted text end the ability of a resident
new text begin or the resident's agent new text end from taking a civil action deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (b) An arbitration requirement must not include a choice of law or choice of venue
provision. Assisted living contracts must deleted text end new text begin (2) new text end adhere to Minnesota law and any other
applicable federal or local law deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) not require any resident or the resident's representative to sign a contract containing
a provision for binding arbitration as a condition of admission to, or as a requirement to
continue to receive care at, the facility; and
new text end

new text begin (4) explicitly inform the resident or the resident's representative of the resident's right
not to sign a contract containing a provision for binding arbitration as a condition of
admission to, or as a requirement to continue to receive care at, the facility.
new text end

Sec. 11.

Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:

Subd. 3.

Individualized medication monitoring and reassessment.

deleted text begin The assisted living
facility deleted text end new text begin A registered nurse or qualified staff delegated the task by a registered nurse new text end must
monitor and reassess the resident's medication management services as needed under
subdivision 2 when the resident presents with symptoms or other issues that may be
medication-related and, at a minimum, annually.

Sec. 12.

Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:

Subd. 5.

Individualized medication management plan.

(a) For each resident receiving
medication management services, deleted text begin the assisted living facility deleted text end new text begin a registered nurse or qualified
staff delegated the task by a registered nurse new text end must prepare and include in the service plan
a written statement of the medication management services that will be provided to the
resident. The facility must develop and maintain a current individualized medication
management record for each resident based on the resident's assessment that must contain
the following:

(1) a statement describing the medication management services that will be provided;

(2) a description of storage of medications based on the resident's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;

(3) documentation of specific resident instructions relating to the administration of
medications;

(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;

(5) identification of medication management tasks that may be delegated to unlicensed
personnel;

(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and

(7) any resident-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.

(b) The medication management record must be current and updated when there are any
changes.

(c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.

Sec. 13.

Minnesota Statutes 2024, section 144G.92, subdivision 2, is amended to read:

Subd. 2.

Retaliation against a resident.

new text begin A resident has the right to be free from
retaliation. new text end For purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a facility or an agent of the
facility against a resident, or any person with a familial, personal, legal, or professional
relationship with the resident:

(1) termination of a contract;

(2) any form of discrimination;

(3) restriction or prohibition of access:

(i) of the resident to the facility or visitors; or

(ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident, unless the restriction is the result of a court order;

(4) the imposition of involuntary seclusion or the withholding of food, care, or services;

(5) restriction of any of the rights granted to residents under state or federal law;

(6) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements; or

(7) unauthorized removal, tampering with, or deprivation of technology, communication,
or electronic monitoring devices.

Sec. 14.

Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Other remedies. new text end

new text begin In addition to the remedies otherwise provided by or available
under the law, a resident or a resident's legal representative may bring an action in district
court against a facility that retaliates against the resident in violation of this section. The
court may award damages, injunctive relief, and any other relief the court deems just and
equitable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Visits by others. new text end

new text begin A health care agent may not restrict the ability of the principal
to communicate, visit, or interact with others, including receiving visitors, making or
receiving telephone calls, sending or receiving personal mail, sending or receiving electronic
communications including through social media, or participating in social activities, unless
the health care agent has good cause to believe a restriction is necessary because interaction
with the person poses a risk of significant physical, psychological, or financial harm to the
principal, and there is no other means to avoid such significant harm. Notwithstanding
section 145C.10, paragraph (c), restrictions made in violation of this subdivision carry no
presumption that the health care agent is acting in good faith.
new text end

Sec. 16.

Minnesota Statutes 2024, section 145C.10, is amended to read:

145C.10 PRESUMPTIONS.

(a) The principal is presumed to have the capacity to execute a health care directive and
to revoke a health care directive, absent clear and convincing evidence to the contrary.

(b) A health care provider or health care agent may presume that a health care directive
is legally sufficient absent actual knowledge to the contrary. A health care directive is
presumed to be properly executed, absent clear and convincing evidence to the contrary.

(c) new text begin Except as provided in section 145C.07, subdivision 6, new text end a health care agent, and a
health care provider acting pursuant to the direction of a health care agent, are presumed to
be acting in good faith, absent clear and convincing evidence to the contrary.

(d) A health care directive is presumed to remain in effect until the principal modifies
or revokes it, absent clear and convincing evidence to the contrary.

(e) This chapter does not create a presumption concerning the intention of an individual
who has not executed a health care directive and, except as otherwise provided by section
145C.15, does not impair or supersede any right or responsibility of an individual to consent,
refuse to consent, or withdraw consent to health care on behalf of another in the absence of
a health care directive.

(f) A copy of a health care directive is presumed to be a true and accurate copy of the
executed original, absent clear and convincing evidence to the contrary, and must be given
the same effect as an original.

(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable
medical judgment there is a real possibility that if health care to sustain her life and the life
of the fetus is provided the fetus could survive to the point of live birth, the health care
provider shall presume that the patient would have wanted such health care to be provided,
even if the withholding or withdrawal of such health care would be authorized were she not
pregnant. This presumption is negated by health care directive provisions described in
section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in
the absence of such provisions, by clear and convincing evidence that the patient's wishes,
while competent, were to the contrary.