SF 2055

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/18/2025 01:39 p.m.

A bill for an act
relating to health; modifying assisted living service termination requirements;
amending Minnesota Statutes 2024, sections 144G.52, subdivisions 2, 3, 4, 7, 8,
9, 10; 144G.54, subdivisions 2, 3, 7; 144G.55, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 144G.52, subdivision 2, is amended to read:

Subd. 2.

Prerequisite to termination of a contract.

(a) Before issuing a notice of
termination of an assisted living contract, a facility must schedule and participate in a meeting
with the resident and the resident's legal representative and designated representative. The
purposes of the meeting are to:

(1) explain in detail the reasons for the proposed termination; and

(2) identify and offer reasonable accommodations or modifications, interventions, or
alternatives to avoid the termination or enable the resident to remain in the facility, including
but not limited to securing services from another provider of the resident's choosing that
may allow the resident to avoid the termination. A facility is not required to offer
accommodations, modifications, interventions, or alternatives that fundamentally alter the
nature of the operation of the facility.

(b) new text begin For a termination pursuant to subdivision 3 or 4, new text end the meeting must be scheduled to
take place at least seven days before a notice of termination is issued. new text begin For a termination
pursuant to subdivision 5, the meeting must be scheduled to take place at least 24 hours
before a notice of termination is issued. new text end The facility must make reasonable efforts to ensure
that the resident, legal representative, and designated representative are able to attend the
meeting.

(c) The facility must notify the resident that the resident may invite family members,
relevant health professionals, a representative of the Office of Ombudsman for Long-Term
Care, a representative of the Office of Ombudsman for Mental Health and Developmental
Disabilities, or other persons of the resident's choosing to participate in the meeting. For
residents who receive home and community-based waiver services under chapter 256S and
section 256B.49, the facility must notify the resident's case manager of the meeting.

(d) In the event of an emergency relocation under subdivision 9, where the facility intends
to issue a notice of termination and an in-person meeting is impractical or impossible, the
facility must use telephone, video, or other electronic means to conduct and participate in
the meeting required under this subdivision and rules within Minnesota Rules, chapter 4659.

Sec. 2.

Minnesota Statutes 2024, section 144G.52, subdivision 3, is amended to read:

Subd. 3.

Termination for nonpayment.

(a) A facility may initiate a termination of
housing because of nonpayment of rent or a termination of services because of nonpayment
for services. Upon issuance of a notice of termination for nonpayment, the facility must
inform the resident that public benefits may be available and must provide contact
information for the Senior LinkAge Line under section 256.975, subdivision 7 new text begin or for the
Disability Hub under section 256.01, subdivision 24 new text end .

(b) An interruption to a resident's public benefits that lasts for no more than 60 days
does not constitute nonpayment.

Sec. 3.

Minnesota Statutes 2024, section 144G.52, subdivision 4, is amended to read:

Subd. 4.

Termination for violation of the assisted living contract.

A facility may
initiate a termination of the assisted living contract if the resident violates a lawful provision
of the contract and the resident does not cure the violation within a reasonable amount of
time after the facility provides written notice of the ability to cure to the resident. Written
notice of the ability to cure may be provided new text begin : (1) new text end in person deleted text begin or deleted text end new text begin ; (2) new text end by first class mail new text begin ; or (3)
if the individual previously consented to receive electronic notifications, by email new text end . A facility
is not required to provide a resident with written notice of the ability to cure for a violation
that threatens the health or safety of the resident or another individual in the facility, or for
a violation that constitutes illegal conduct.

Sec. 4.

Minnesota Statutes 2024, section 144G.52, subdivision 7, is amended to read:

Subd. 7.

Notice of contract termination required.

(a) A facility terminating a contract
must issue a written notice of termination according to this section. The facility must also
send a copy of the termination notice to the Office of Ombudsman for Long-Term Care
and, for residents who receive home and community-based waiver services under chapter
256S and section 256B.49, to the resident's case manager, as soon as practicable after
providing notice to the resident. A facility may terminate an assisted living contract only
as permitted under subdivisions 3, 4, and 5.

(b) A facility terminating a contract under subdivision 3 or 4 must provide a written
termination notice at least 30 days before the effective date of the termination to the resident,
legal representative, and designated representative.

(c) A facility terminating a contract under subdivision 5 must provide a written
termination notice at least deleted text begin 15 deleted text end new text begin five new text end days before the effective date of the termination to the
resident, legal representative, and designated representative.

(d) If a resident moves out of a facility or cancels services received from the facility,
nothing in this section prohibits a facility from enforcing against the resident any notice
periods with which the resident must comply under the assisted living contract.

Sec. 5.

Minnesota Statutes 2024, section 144G.52, subdivision 8, is amended to read:

Subd. 8.

Content of notice of termination.

new text begin (a) new text end The notice required under subdivision
7 must contain, at a minimum:

(1) the effective date of the termination of the assisted living contract;

(2) a detailed explanation of the basis for the termination, including the clinical or other
supporting rationale;

(3) a detailed explanation of the conditions under which a new or amended contract may
be executed;

(4) a statement that the resident has the right to appeal the termination by requesting a
hearing, and information concerning the time frame within which the request must be
submitted and the contact information for the agency to which the request must be submitted;

(5) a statement that the facility must participate in a coordinated move to another provider
or caregiver, as required under section 144G.55;

(6) the name and contact information of the person employed by the facility with whom
the resident may discuss the notice of termination;

(7) information on how to contact the Office of Ombudsman for Long-Term Care and
the Office of Ombudsman for Mental Health and Developmental Disabilities to request an
advocate to assist regarding the termination;

(8) information on how to contact the Senior LinkAge Line under section 256.975,
subdivision 7, and an explanation that the Senior LinkAge Line may provide information
about other available housing or service options; and

(9) if the termination is only for services, a statement that the resident may remain in
the facility and may secure any necessary services from another provider of the resident's
choosing.

new text begin (b) Failure to fully comply with the content requirements of this subdivision does not
invalidate the notice when the facility used good faith efforts to substantively comply and
the noncompliance did not prejudice the parties' receiving the notice.
new text end

Sec. 6.

Minnesota Statutes 2024, section 144G.52, subdivision 9, is amended to read:

Subd. 9.

Emergency relocation.

(a) A facility may remove a resident from the facility
in an emergency if necessary due to a resident's urgent medical needs or an imminent risk
the resident poses to the health or safety of another facility resident or facility staff member.
An emergency relocation is not a termination.

(b) In the event of an emergency relocation, the facility must provide a written notice
that contains, at a minimum:

(1) the reason for the relocation;

(2) the name and contact information for the location to which the resident has been
relocated and any new service provider;

(3) contact information for the Office of Ombudsman for Long-Term Care and the Office
of Ombudsman for Mental Health and Developmental Disabilities;

(4) if known and applicable, the approximate date or range of dates within which the
resident is expected to return to the facility, or a statement that a return date is not currently
known; and

(5) a statement that, if the facility refuses to provide housing or services after a relocation,
the resident has the right to appeal under section 144G.54. The facility must provide contact
information for the agency to which the resident may submit an appeal.

(c) The notice required under paragraph (b) must be delivered as soon as practicable to:

(1) the resident, legal representative, and designated representative;

(2) for residents who receive home and community-based waiver services under chapter
256S and section 256B.49, the resident's case manager; and

(3) the Office of Ombudsman for Long-Term Care if the resident has been relocated
and has not returned to the facility within four days.

(d) Following an emergency relocation, a facility's refusal to provide housing or services
constitutes a termination and triggers the termination process in this section.

new text begin (e) If a resident is removed by law enforcement, ambulance personnel, or other first
responders, the notice required under paragraph (b) may be provided retroactively but in
no case no more than 48 hours after the emergency relocation.
new text end

Sec. 7.

Minnesota Statutes 2024, section 144G.52, subdivision 10, is amended to read:

Subd. 10.

Right to return.

If a resident is absent from a facility for any reason, including
an emergency relocation new text begin , provided the basis for the emergency relocation has been resolved new text end ,
the facility shall not refuse to allow a resident to return if a termination of housing has not
been effectuated.

Sec. 8.

Minnesota Statutes 2024, section 144G.54, subdivision 2, is amended to read:

Subd. 2.

Permissible grounds to appeal termination.

A resident may appeal a
termination initiated under section 144G.52, subdivision 3, 4, or 5, on the ground that:

(1) there is a factual dispute as to whether the facility had a permissible basis to initiate
the termination;

(2) the termination would result in great harm or the potential for great harm to the
resident as determined by the totality of the circumstances, except in circumstances where
there is a greater risk of harm to other residents or staff at the facility;

(3) the resident has cured or demonstrated the ability to cure the reasons for the
termination, or has identified a reasonable accommodation or modification, intervention,
or alternative to the termination; or

(4) new text begin notwithstanding section 144G.52, subdivision 8, paragraph (b), new text end the facility has
terminated the contract in violation of state or federal law.

Sec. 9.

Minnesota Statutes 2024, section 144G.54, subdivision 3, is amended to read:

Subd. 3.

Appeals process.

(a) The Office of Administrative Hearings must conduct an
expedited hearing as soon as practicable under this section, but in no event later than 14
calendar days after the office receives the request new text begin for an appeal of a termination initiated
pursuant to section 144G.52, subdivision 3 or 4 new text end , unless the parties agree otherwise or the
chief administrative law judge deems the timing to be unreasonable, given the complexity
of the issues presented. new text begin For terminations initiated pursuant to section 144G.52, subdivision
5, the Office of Administrative Hearings must conduct an expedited hearing as soon as
practicable but in no event later than seven calendar days after the office receives the request.
new text end

(b) The hearing must be held at the facility where the resident lives, unless holding the
hearing at that location is impractical, the parties agree to hold the hearing at a different
location, or the chief administrative law judge grants a party's request to appear at another
location or by telephone or interactive video.

(c) The hearing is not a formal contested case proceeding, except when determined
necessary by the chief administrative law judge.

(d) Parties may but are not required to be represented by counsel. The appearance of a
party without counsel does not constitute the unauthorized practice of law.

new text begin (e) Parties may provide the administrative law judge relevant evidence in the form of
in-person or sworn written testimony, including that of other residents, personal
representatives of other residents of the facility, facility staff, or individuals from the Office
of Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health and
Developmental Disabilities representing the interests of other residents of the facility.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The hearing shall be limited to the amount of time necessary for the participants
to expeditiously present the facts about the proposed termination. The administrative law
judge shall issue a recommendation to the commissioner as soon as practicable, but in no
event later than ten business days after the hearing new text begin related to a termination issued under
section 144G.52, subdivision 3 or 4, or five business days for a hearing related to a
termination issued under section 144G.52, subdivision 5 new text end .

Sec. 10.

Minnesota Statutes 2024, section 144G.54, subdivision 7, is amended to read:

Subd. 7.

Application of chapter 504B to appeals of terminations.

A resident may not
bring an action under chapter 504B to challenge a termination that has occurred and been
upheld under this section new text begin , and a facility is entitled to a writ of recovery and order to vacate
pursuant to section 504B.361 new text end .

Sec. 11.

Minnesota Statutes 2024, section 144G.55, subdivision 1, is amended to read:

Subdivision 1.

Duties of facility.

(a) If a facility terminates an assisted living contract,
reduces services to the extent that a resident needs to move or obtain a new service provider
or the facility has its license restricted under section 144G.20, or the facility conducts a
planned closure under section 144G.57, the facility:

(1) must ensure, subject to paragraph (c), a coordinated move to a safe location that is
appropriate for the resident and that is identified by the facility prior to any hearing under
section 144G.54;

(2) must ensure a coordinated move of the resident to an appropriate service provider
identified by the facility prior to any hearing under section 144G.54, provided services are
still needed and desired by the resident; and

(3) must consult and cooperate with the resident, legal representative, designated
representative, case manager for a resident who receives home and community-based waiver
services under chapter 256S and section 256B.49, relevant health professionals, and any
other persons of the resident's choosing to make arrangements to move the resident, including
consideration of the resident's goals.

(b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by
moving the resident to a different location within the same facility, if appropriate for the
resident.

(c) A resident may decline to move to the location the facility identifies or to accept
services from a service provider the facility identifies, and may choose instead to move to
a location of the resident's choosing or receive services from a service provider of the
resident's choosing within the timeline prescribed in the termination notice.

new text begin (d) A facility has met its obligations under this section if, following a termination
completed in accordance with section 155G.52, the facility identifies at least two other
facilities able to accept the individual and the individual refuses all options presented to
them or their designated representative over the course of a 30-day period.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Sixty days before the facility plans to reduce or eliminate one or more services
for a particular resident, the facility must provide written notice of the reduction that includes:

(1) a detailed explanation of the reasons for the reduction and the date of the reduction;

(2) the contact information for the Office of Ombudsman for Long-Term Care, the Office
of Ombudsman for Mental Health and Developmental Disabilities, and the name and contact
information of the person employed by the facility with whom the resident may discuss the
reduction of services;

(3) a statement that if the services being reduced are still needed by the resident, the
resident may remain in the facility and seek services from another provider; and

(4) a statement that if the reduction makes the resident need to move, the facility must
participate in a coordinated move of the resident to another provider or caregiver, as required
under this section.

deleted text begin (e) deleted text end new text begin (f) new text end In the event of an unanticipated reduction in services caused by extraordinary
circumstances, the facility must provide the notice required under paragraph deleted text begin (d) deleted text end new text begin (e) new text end as soon
as possible.

deleted text begin (f) deleted text end new text begin (g) new text end If the facility, a resident, a legal representative, or a designated representative
determines that a reduction in services will make a resident need to move to a new location,
the facility must ensure a coordinated move in accordance with this section, and must provide
notice to the Office of Ombudsman for Long-Term Care.

deleted text begin (g) deleted text end new text begin (h) new text end Nothing in this section affects a resident's right to remain in the facility and seek
services from another provider.