Office of the Revisor of Statutes
SF 3006
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/28/2025 09:39 a.m.
Bill Text Versions
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Introduction
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Posted on 03/24/2025 |
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A bill for an act
relating to facility licensing; modifying spatial separation requirement for certain
residential programs; establishing spatial separation requirement for certain assisted
living facilities; requiring notice to local municipalities after issuing licenses for
certain residential settings; amending Minnesota Statutes 2024, sections 144G.15;
144G.16, by adding a subdivision; 144G.195, by adding a subdivision; 245A.04,
subdivision 2, by adding a subdivision; 245A.11, subdivision 4; 254B.181,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 144G.15, is amended to read:
144G.15 CONSIDERATION OF APPLICATIONS.
(a) Before issuing a provisional license or license or renewing a license, the commissioner
shall consider an applicant's compliance history in providing care in this state or any other
state in a facility that provides care to children, the elderly, ill individuals, or individuals
with disabilities.
(b) The applicant's compliance history shall include repeat violation, rule violations, and
any license or certification involuntarily suspended or terminated during an enforcement
process.
(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license
or impose conditions if:
(1) the applicant fails to provide complete and accurate information on the application
and the commissioner concludes that the missing or corrected information is needed to
determine if a license shall be granted;
(2) the applicant, knowingly or with reason to know, made a false statement of a material
fact in an application for the license or any data attached to the application or in any matter
under investigation by the department;
(3) the applicant refused to allow agents of the commissioner to inspect its books, records,
and files related to the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
(i) the work of any authorized representative of the commissioner, the ombudsman for
long-term care, or the ombudsman for mental health and developmental disabilities; or (ii)
the duties of the commissioner, local law enforcement, city or county attorneys, adult
protection, county case managers, or other local government personnel;
(5) the applicant, owner, controlling individual, managerial official, or assisted living
director for the facility has a history of noncompliance with federal or state regulations that
were detrimental to the health, welfare, or safety of a resident or a client; or
(6) the applicant violates any requirement in this chapter.
(d) If a license is denied, the applicant has the reconsideration rights available under
section 144G.16, subdivision 4.
new text begin
(e) In determining whether to grant a license, the commissioner must specifically consider
the population, size, land use plan, availability of community services, and the number and
size of existing assisted living facilities and residential programs licensed under chapter
245A in the town, municipality, or county in which the applicant seeks to operate an assisted
living facility. The commissioner must not grant an initial license to any assisted living
facility with a licensed resident capacity of six or fewer if the assisted living facility will
be within 1,320 feet of an existing assisted living facility with a licensed resident capacity
of six or fewer or a residential program licensed under chapter 245A serving six or fewer
residents.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 144G.16, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Notification of affected municipality. new text end
new text begin
Within 30 calendar days after issuing
a provisional license to a facility with a licensed resident capacity of six or fewer, the
commissioner must give written notice to the affected municipality or other political
subdivision. The commissioner may provide notice through electronic communication.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 144G.195, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Notice to locality of change of location required. new text end
new text begin
Within 30 calendar days
after giving a licensee approval to relocate a facility under subdivision 1, the commissioner
must give written notice to any affected municipalities or other political subdivisions. The
commissioner may provide notice through electronic communication.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 245A.04, subdivision 2, is amended to read:
Subd. 2.
Notification of affected municipality.
new text begin (a) new text end The commissioner must not issue
a license under this chapter without giving 30 calendar days' written notice to the affected
municipality or other political subdivision unless the program is considered a permitted
single-family residential use under deleted text begin sectionsdeleted text end new text begin sectionnew text end 245A.11 deleted text begin anddeleted text end new text begin ornew text end 245A.14. The
commissioner may provide notice through electronic communication. The notification must
be given before the first issuance of a license under this chapter and annually after that time
if annual notification is requested in writing by the affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a residential or nonresidential
program licensed under this chapter until the provisions of this subdivision have been
complied with in full. The provisions of this subdivision shall not apply to programs located
in hospitals.
new text begin
(b) Within 30 calendar days after issuing a license under this chapter to a program that
is considered a permitted single-family residential use under section 245A.11 or 245A.14,
the commissioner must give written notice to the affected municipality or other political
subdivision. The commissioner may provide notice through electronic communication.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2024, section 245A.04, is amended by adding a subdivision to
read:
new text begin Subd. 7c. new text end
new text begin Notice to locality of change of location required. new text end
new text begin
Within 30 calendar days
after receiving notice under subdivision 7a that a program considered a permitted
single-family residential use under section 245A.11 or 245A.14 has changed location, the
commissioner must give written notice to the affected municipalities or other political
subdivisions. The commissioner may provide notice through electronic communication.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2024, section 245A.11, subdivision 4, is amended to read:
Subd. 4.
Location of residential programs.
In determining whether to grant a license,
the commissioner shall specifically consider the population, size, land use plan, availability
of community services, and the number and size of existing licensed residential programs
in the town, municipality, or county in which the applicant seeks to operate a residential
program. The commissioner shall not grant an initial license to any residential program if
the residential program will be within 1,320 feet of an existing residential program new text begin or assisted
living facility with a licensed resident capacity of six or fewer new text end unless deleted text begin one of the following
conditions apply: (1)deleted text end the existing residential program is located in a hospital licensed by
the commissioner of healthdeleted text begin ; (2) the town, municipality, or county zoning authority grants
the residential program a conditional use or special use permit; (3) the program serves six
or fewer persons and is not located in a city of the first class; or (4) the program is foster
care, or a community residential setting as defined under section 245D.02, subdivision 4adeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to licenses
issued on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2024, section 254B.181, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
All sober homes must comply with applicable state laws
and regulations and local ordinances related to maximum occupancy, fire safety, and
sanitation. In addition, all sober homes must:
(1) maintain a supply of an opiate antagonist in the home in a conspicuous location and
post information on proper use;
(2) have written policies regarding access to all prescribed medications;
(3) have written policies regarding evictions;
(4) return all property and medications to a person discharged from the home and retain
the items for a minimum of 60 days if the person did not collect them upon discharge. The
owner must make an effort to contact persons listed as emergency contacts for the discharged
person so that the items are returned;
(5) document the names and contact information for persons to contact in case of an
emergency or upon discharge and notification of a family member, or other emergency
contact designated by the resident under certain circumstances, including but not limited to
death due to an overdose;
(6) maintain contact information for emergency resources in the community to address
mental health and health emergencies;
(7) have policies on staff qualifications and prohibition against fraternization;
(8) permit residents to use, as directed by a licensed prescriber, legally prescribed and
dispensed or administered pharmacotherapies approved by the United States Food and Drug
Administration for the treatment of opioid use disorder;
(9) permit residents to use, as directed by a licensed prescriber, legally prescribed and
dispensed or administered pharmacotherapies approved by the United States Food and Drug
Administration to treat co-occurring substance use disorders and mental health conditions;
(10) have a fee schedule and refund policy;
(11) have rules for residents;
(12) have policies that promote resident participation in treatment, self-help groups, or
other recovery supports;
(13) have policies requiring abstinence from alcohol and illicit drugs; deleted text begin and
deleted text end
(14) distribute the sober home bill of rightsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(15) within 30 days of beginning operations, relocating, or ceasing operations, inform
the municipality in which the sober home is located of its address and whether the sober
home is beginning operations, relocating, or ceasing operation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
Sec. 8. new text begin SOBER HOME OPERATION NOTIFICATION.
new text end
new text begin
All sober homes in operation on July 31, 2025, must inform the municipality in which
the sober home is located of its address by December 31, 2025.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end