SF 3844

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 09:00 a.m.

A bill for an act
relating to health; prohibiting certain conditions for admission to or continued
residence in nursing homes and assisted living facilities; requiring facilities to
maintain automatic external defibrillators; modifying training requirements for
employees of nursing homes and assisted living facilities; amending Minnesota
Statutes 2024, sections 144G.40, subdivision 2; 144G.41, subdivision 1, by adding
a subdivision; 144G.63, subdivisions 2, 5, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 144A; 144G.

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

Section 1.

new text begin [144A.082] AUTOMATIC EXTERNAL DEFIBRILLATOR.
new text end

new text begin (a) For purposes of this section, "automatic external defibrillator" has the meaning given
in section 403.51, subdivision 1.
new text end

new text begin (b) A nursing home must:
new text end

new text begin (1) maintain an automatic external defibrillator in each building on the nursing home
campus where residents may be present;
new text end

new text begin (2) ensure each of its automatic external defibrillators is maintained and regularly tested
according to the manufacturer's recommendations; and
new text end

new text begin (3) as part of initial orientation and annually thereafter, ensure all nursing home personnel
receive training in cardiopulmonary resuscitation, the use of automatic external defibrillators,
the nursing home's process for checking a resident's code status before initiating lifesaving
measures, and requesting emergency medical assistance as soon as practicable after an
automatic external defibrillator is used.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 2.

new text begin [144A.104] PROHIBITED CONDITION FOR ADMISSION OR CONTINUED
RESIDENCE.
new text end

new text begin A nursing home is prohibited from requiring a current or prospective resident to have
or obtain a guardian or conservator as a condition of admission to or continued residence
in the nursing home.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 3.

Minnesota Statutes 2024, section 144G.40, subdivision 2, is amended to read:

Subd. 2.

Uniform checklist disclosure of new text begin information and new text end services.

(a) All assisted
living facilities must provide to prospective residents:

(1) a disclosure of the categories of assisted living licenses available and the category
of license held by the facility;

(2) a written checklist listing all services permitted under the facility's license, identifying
all services the facility offers to provide under the assisted living facility contract, and
identifying all services allowed under the license that the facility does not provide; deleted text begin and
deleted text end

(3) an oral explanation of the services offered under the contract deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) a copy of the most recent Department of Health survey of the facility;
new text end

new text begin (5) a list of all correction orders issued against and fines imposed on the facility in the
previous three years and the results of all complaint investigations concerning the facility
in the previous three years; and
new text end

new text begin (6) the website for the Department of Human Services and Board on Aging assisted
living report card.
new text end

(b) The requirements of paragraph (a) must be completed prior to the execution of the
assisted living contract.

(c) The commissioner must, in consultation with all interested stakeholders, design the
uniform checklist disclosure form for use as provided under paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 4.

Minnesota Statutes 2024, section 144G.41, subdivision 1, is amended to read:

Subdivision 1.

Minimum requirements.

All assisted living facilities shall:

(1) distribute to residents the assisted living bill of rights;

(2) provide services in a manner that complies with the Nurse Practice Act in sections
148.171 to 148.285;

(3) utilize a person-centered planning and service delivery process;

(4) have and maintain a system for delegation of health care activities to unlicensed
personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by the Nurse Practice Act in sections 148.171 to 148.285;

(5) provide a means for residents to request assistance for health and safety needs 24
hours per day, seven days per week new text begin , and maintain a log of resident requests for assistance
and staff responses including, for each request, the time that elapsed between the resident's
communication of the request and the staff response. The facility must retain a log for at
least five years after the most recent request and response in the log new text end ;

(6) allow residents the ability to furnish and decorate the resident's unit within the terms
of the assisted living contract;

(7) permit residents access to food at any time;

(8) allow residents to choose the resident's visitors and times of visits;

(9) allow the resident the right to choose a roommate if sharing a unit;

(10) notify the resident of the resident's right to have and use a lockable door to the
resident's unit. The licensee shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible. An assisted living facility must not lock a resident
in the resident's unit;

(11) develop and implement a staffing plan for determining its staffing level that:

(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness
of staffing levels in the facility;

(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably
foreseeable unscheduled needs of each resident as required by the residents' assessments
and service plans on a 24-hour per day basis; and

(iii) ensures that the facility can respond promptly and effectively to individual resident
emergencies and to emergency, life safety, and disaster situations affecting staff or residents
in the facility;

(12) ensure that one or more persons are available 24 hours per day, seven days per
week, who are responsible for responding to the requests of residents for assistance with
health or safety needs. Such persons must be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus
with the facility in order to respond within a reasonable amount of time;

(iii) capable of communicating with residents;

(iv) capable of providing or summoning the appropriate assistance; and

(v) capable of following directions; and

(13) provide staff access to an on-call registered nurse 24 hours per day, seven days per
week.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 5.

Minnesota Statutes 2024, section 144G.41, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Automatic external defibrillator. new text end

new text begin (a) For purposes of this subdivision,
"automatic external defibrillator" has the meaning given in section 403.51, subdivision 1.
new text end

new text begin (b) A facility must:
new text end

new text begin (1) maintain an automatic external defibrillator in each building on the assisted living
facility campus where residents may be present; and
new text end

new text begin (2) ensure each of its automatic external defibrillators is maintained and regularly tested
according to the manufacturer's recommendations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 6.

new text begin [144G.505] PROHIBITED CONDITION OF ADMISSION OR CONTINUED
RESIDENCE.
new text end

new text begin An assisted living facility is prohibited from requiring a current or prospective resident
to have or obtain a guardian or conservator as a condition of admission to or continued
residence in the assisted living facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 7.

Minnesota Statutes 2024, section 144G.63, subdivision 2, is amended to read:

Subd. 2.

Content of required orientation.

(a) The orientation must contain the following
topics:

(1) an overview of this chapter;

(2) an introduction and review of the facility's policies and procedures related to the
provision of assisted living services by the individual staff person;

(3) handling of emergencies and use of emergency services;

(4) compliance with and reporting of the maltreatment of vulnerable adults under section
626.557 to the Minnesota Adult Abuse Reporting Center (MAARC);

(5) the assisted living bill of rights and staff responsibilities related to ensuring the
exercise and protection of those rights;

(6) the principles of person-centered planning and service delivery and how they apply
to direct support services provided by the staff person;

(7) handling of residents' complaints, reporting of complaints, and where to report
complaints, including information on the Office of Health Facility Complaints;

(8) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county-managed care advocates, or
other relevant advocacy services; deleted text begin and
deleted text end

(9) a review of the types of assisted living services the staff member will be providing
and the facility's category of licensure deleted text begin . deleted text end new text begin ; and
new text end

new text begin (10) cardiopulmonary resuscitation, the use of automatic external defibrillators, the
facility's process for checking a resident's code status before initiating lifesaving measures,
and requesting emergency medical assistance as soon as practicable after an automatic
external defibrillator is used.
new text end

(b) In addition to the topics in paragraph (a), orientation may also contain training on
providing services to residents with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research based, may include online training,
and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and the challenges it poses to communication;

(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 8.

Minnesota Statutes 2024, section 144G.63, subdivision 5, is amended to read:

Subd. 5.

Required annual training.

(a) All staff that perform direct services must
complete at least eight hours of annual training for each 12 months of employment. The
training may be obtained from the facility or another source and must include topics relevant
to the provision of assisted living services. The annual training must include:

(1) training on reporting of maltreatment of vulnerable adults under section 626.557;

(2) review of the assisted living bill of rights and staff responsibilities related to ensuring
the exercise and protection of those rights;

(3) review of infection control techniques used in the home and implementation of
infection control standards including a review of hand washing techniques; the need for and
use of protective gloves, gowns, and masks; appropriate disposal of contaminated materials
and equipment, such as dressings, needles, syringes, and razor blades; disinfecting reusable
equipment; disinfecting environmental surfaces; and reporting communicable diseases;

(4) effective approaches to use to problem solve when working with a resident's
challenging behaviors, and how to communicate with residents who have dementia,
Alzheimer's disease, or related disorders;

(5) review of the facility's policies and procedures relating to the provision of assisted
living services and how to implement those policies and procedures; deleted text begin and
deleted text end

(6) the principles of person-centered planning and service delivery and how they apply
to direct support services provided by the staff person deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) cardiopulmonary resuscitation, the use of automatic external defibrillators, the
facility's process for checking a resident's code status before initiating lifesaving measures,
and requesting emergency medical assistance as soon as practicable after an automatic
external defibrillator is used.
new text end

(b) In addition to the topics in paragraph (a), annual training may also contain training
on providing services to residents with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research based, may include online training,
and must include training on one or more of the following topics:

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;

(2) the health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or

(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 9.

Minnesota Statutes 2024, section 144G.63, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Orientation and annual training; other staff. new text end

new text begin (a) All staff who are not subject
to the orientation requirements in subdivisions 1 and 2 must complete an orientation on the
topics specified under paragraph (b) within 160 hours of the employment start date. All
staff who are not subject to the annual training requirements in subdivision 5 must complete
annual training on the topics specified under paragraph (b).
new text end

new text begin (b) The orientation and annual training must include training on cardiopulmonary
resuscitation, the use of automatic external defibrillators, the facility's process for checking
a resident's code status before initiating lifesaving measures, and requesting emergency
medical assistance as soon as practicable after an automatic external defibrillator is used.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end