HF 28

as introduced - 91st Legislature, 2020 7th Special Session (2020 - 2020) Posted on 12/15/2020 02:15am

A bill for an act
relating to health; changing provisions for nursing homes and assisted living
facilities; changing the fee schedule for the Board of Executives for Long Term
Services and Supports; appropriating money; amending Minnesota Statutes 2020,
sections 144.6512, by adding a subdivision; 144A.291, subdivision 2; 144G.07,
by adding a subdivision; 144G.08, subdivisions 7, 9, 23, 59, by adding subdivisions;
144G.10, subdivision 1, by adding a subdivision; 144G.41, subdivisions 1, 3;
144G.42, subdivision 9, by adding a subdivision; 144G.45, subdivisions 2, 4, 5;
144G.50, subdivision 1; 144G.54, subdivision 4; 144G.81, subdivision 3; 144G.92,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 144G;
repealing Minnesota Statutes 2020, section 144G.81, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 144.6512, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144A.291, subdivision 2, is amended to read:

Subd. 2.

Amounts.

(a) Fees may not exceed the following amounts but may be adjusted
lower by board direction and are for the exclusive use of the board as required to sustain
board operations. The maximum amounts of fees are:

(1) application for licensure, $200;

(2) for a prospective applicant for a review of education and experience advisory to the
license application, $100, to be applied to the fee for application for licensure if the latter
is submitted within one year of the request for review of education and experience;

(3) state examination, $125;

(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between
January 1 and June 30;

(5) acting deleted text begin administrator deleted text end permit, $400;

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

(9) health services executive initial license, deleted text begin $200 deleted text end new text begin $250 new text end ;

(10) health services executive renewal license, deleted text begin $200 deleted text end new text begin $250 new text end ;

(11) reciprocity verification fee, $50;

(12) second shared deleted text begin administrator deleted text end assignment, $250;

(13) continuing education fees:

(i) greater than six hours, $50; and

(ii) seven hours or more, $75;

(14) education review, $100;

(15) fee to a sponsor for review of individual continuing education seminars, institutes,
workshops, or home study courses:

(i) for less than seven clock hours, $30; and

(ii) for seven or more clock hours, $50;

(16) fee to a licensee for review of continuing education seminars, institutes, workshops,
or home study courses not previously approved for a sponsor and submitted with an
application for license renewal:

(i) for less than seven clock hours total, $30; and

(ii) for seven or more clock hours total, $50;

(17) late renewal fee, $75;

(18) fee to a licensee for verification of licensure status and examination scores, $30;

(19) registration as a registered continuing education sponsor, $1,000; deleted text begin and
deleted text end

(20) mail labels, $75 new text begin ; and
new text end

new text begin (21) annual assisted living program education provider fee, $2,500 new text end .

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 144G.07, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Assisted living facility campus. new text end

new text begin "Assisted living facility campus" or "campus"
means:
new text end

new text begin (1) a single building having two or more addresses, located on the same property with
a single property identification number;
new text end

new text begin (2) two or more buildings, each with a separate address, located on the same property
with a single property identification number; or
new text end

new text begin (3) two or more buildings at different addresses, located on properties with different
property identification numbers, that share a portion of a legal property boundary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 144G.08, subdivision 7, is amended to read:

Subd. 7.

Assisted living facility.

"Assisted living facility" means a deleted text begin licensed deleted text end facility that
provides sleeping accommodations and assisted living services to one or more adults.
Assisted living facility includes assisted living facility with dementia care, and does not
include:

(1) emergency shelter, transitional housing, or any other residential units serving
exclusively or primarily homeless individuals, as defined under section 116L.361;

(2) a nursing home licensed under chapter 144A;

(3) a hospital, certified boarding care, or supervised living facility licensed under sections
144.50 to 144.56;

(4) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts
9520.0500 to 9520.0670, or under chapter 245D or 245G;

(5) services and residential settings licensed under chapter 245A, including adult foster
care and services and settings governed under the standards in chapter 245D;

(6) a private home in which the residents are related by kinship, law, or affinity with the
provider of services;

(7) a duly organized condominium, cooperative, and common interest community, or
owners' association of the condominium, cooperative, and common interest community
where at least 80 percent of the units that comprise the condominium, cooperative, or
common interest community are occupied by individuals who are the owners, members, or
shareholders of the units;

(8) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;

(9) a setting offering services conducted by and for the adherents of any recognized
church or religious denomination for its members exclusively through spiritual means or
by prayer for healing;

(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless, except for those developments
that market or hold themselves out as assisted living facilities and provide assisted living
services;

(11) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;

(12) rental housing designated for occupancy by only elderly or elderly and disabled
residents under United States Code, title 42, section 1437e, or rental housing for qualifying
families under Code of Federal Regulations, title 24, section 983.56;

(13) rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011; deleted text begin or
deleted text end

(14) a covered setting as defined in section 325F.721, subdivision 1, paragraph (b) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (15) any establishment that exclusively or primarily serves as a shelter or temporary
shelter for victims of domestic or any other form of violence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Assisted living facility license. new text end

new text begin "Assisted living facility license" or "license"
means a certificate issued by the commissioner under section 144G.10 that authorizes the
licensee to manage, control, and operate an assisted living facility for a specified period of
time and in accordance with the terms of the license, this chapter, and the rules of the
commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 144G.08, subdivision 9, is amended to read:

Subd. 9.

Assisted living services.

"Assisted living services" includes one or more of
the following:

(1) assisting with dressing, self-feeding, oral hygiene, hair care, grooming, toileting, and
bathing;

(2) providing standby assistance;

(3) providing verbal or visual reminders to the resident to take regularly scheduled
medication, which includes bringing the resident previously set up medication, medication
in original containers, or liquid or food to accompany the medication;

(4) providing verbal or visual reminders to the resident to perform regularly scheduled
treatments and exercises;

(5) preparing deleted text begin modified deleted text end new text begin specialized new text end diets ordered by a licensed health professional;

(6) services of an advanced practice registered nurse, registered nurse, licensed practical
nurse, physical therapist, respiratory therapist, occupational therapist, speech-language
pathologist, dietitian or nutritionist, or social worker;

(7) tasks delegated to unlicensed personnel by a registered nurse or assigned by a licensed
health professional within the person's scope of practice;

(8) medication management services;

(9) hands-on assistance with transfers and mobility;

(10) treatment and therapies;

(11) assisting residents with eating when the residents have complicated eating problems
as identified in the resident record or through an assessment such as difficulty swallowing,
recurrent lung aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed;

(12) providing other complex or specialty health care services; and

(13) supportive services in addition to the provision of at least one of the services listed
in clauses (1) to (12).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 144G.08, subdivision 23, is amended to read:

Subd. 23.

Direct ownership interest.

"Direct ownership interest" means an individual
or deleted text begin organization deleted text end new text begin legal entity new text end with the possession of at least five percent equity in capital,
stock, or profits of the licensee, or who is a member of a limited liability company of the
licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 9.

Minnesota Statutes 2020, section 144G.08, subdivision 59, is amended to read:

Subd. 59.

Resident.

"Resident" means deleted text begin a person deleted text end new text begin an adult new text end living in an assisted living
facility who has executed an assisted living contract.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 144G.10, subdivision 1, is amended to read:

Subdivision 1.

License required.

new text begin (a)(1) new text end Beginning August 1, 2021, no assisted living
facility may operate in Minnesota unless it is licensed under this chapter.

new text begin (2) No facility or building on a campus may provide assisted living services until
obtaining the required license under paragraphs (c) to (e).
new text end

new text begin (b) new text end The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law.

new text begin (c) Upon approving an application for an assisted living facility license, the commissioner
shall issue a single license for each building that is operated by the licensee as an assisted
living facility and is located at a separate address, except as provided under paragraph (d)
or (e).
new text end

new text begin (d) Upon approving an application for an assisted living facility license, the commissioner
may issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility. An assisted living facility license for a campus
must identify the address and licensed resident capacity of each building located on the
campus in which assisted living services are provided.
new text end

new text begin (e) Upon approving an application for an assisted living facility license, the commissioner
may:
new text end

new text begin (1) issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility with dementia care, provided the assisted living
facility for dementia care license for a campus identifies the buildings operating as assisted
living facilities with dementia care; or
new text end

new text begin (2) issue a separate assisted living facility with dementia care license for a building that
is on a campus and that is operating as an assisted living facility with dementia care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2020, section 144G.10, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Assisted living director license required. new text end

new text begin Each assisted living facility must
employ an assisted living director licensed or permitted by the Board of Executives for
Long Term Services and Supports.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 12.

new text begin [144G.191] ASSISTED LIVING FACILITY LICENSING
IMPLEMENTATION; TRANSITION PERIOD FOR CURRENT PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Application limits. new text end

new text begin (a) Beginning June 1, 2021, no initial housing with
services establishment registration applications shall be accepted under chapter 144D.
new text end

new text begin (b) Beginning June 1, 2021, no temporary comprehensive home care provider license
applications shall be accepted for providers that do not intend to provide home care services
under sections 144A.43 to 144A.484 on or after August 1, 2021.
new text end

new text begin Subd. 2. new text end

new text begin New construction; building permit. new text end

new text begin (a) All prospective assisted living facility
license applicants seeking a license and having new construction who have submitted a
complete building permit application to the appropriate building code jurisdiction on or
before July 31, 2021, may meet construction requirements in effect when the building permit
application was submitted.
new text end

new text begin (b) All prospective assisted living facility license applicants seeking a license for new
construction who submit a complete building permit application to the appropriate building
code jurisdiction on or after August 1, 2021, must meet the requirements of section 144G.45.
new text end

new text begin (c) For the purposes of paragraph (a), in areas of jurisdiction where there is no building
code authority, a complete application for an electrical or plumbing permit is acceptable in
lieu of the building permit application.
new text end

new text begin (d) For the purposes of paragraph (a), in jurisdictions where building plan review
applications are separated from building permit applications, a submitted complete application
for plan review is acceptable in lieu of the building permit application.
new text end

new text begin Subd. 3. new text end

new text begin Current comprehensive home care providers; provision of assisted living
services. new text end

new text begin (a) Comprehensive home care providers that do not intend to provide home care
services under chapter 144A on or after August 1, 2021, shall be issued a comprehensive
home care license for a prorated license period upon renewal, effective for license renewals
beginning on or after September 1, 2020. The prorated license period shall be effective from
the provider's current comprehensive home care license renewal date through July 31, 2021.
new text end

new text begin (b) Comprehensive home care providers with prorated license periods shall pay a prorated
fee based on the number of months the comprehensive home care license is in effect.
new text end

new text begin (c) A comprehensive home care provider using the prorated license period in paragraph
(a), or who otherwise does not intend to provide home care services under chapter 144A
on or after August 1, 2021, must notify the recipients of changes to their home care services
in writing at least 60 days before the expiration of the provider's comprehensive home care
license, or no later than May 31, 2021, whichever is earlier. The notice must:
new text end

new text begin (1) state that the provider will no longer be providing home care services under chapter
144A;
new text end

new text begin (2) include the date when the provider will no longer be providing these services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the comprehensive home care provider that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for recipients of home care services who receive home and community-based waiver
services under section 256B.49 and chapter 256S, also be provided to the resident's case
manager at the same time that it is provided to the resident.
new text end

new text begin (d) A comprehensive home care provider that obtains an assisted living facility license
but does so under a different business name as a result of reincorporation, and continues to
provide services to the recipient, is not subject to the 60-day notice required under paragraph
(c). However, the provider must otherwise provide notice to the recipient as required under
sections 144A.44, 144A.441, and 144A.442, as applicable, and section 144A.4791.
new text end

new text begin Subd. 4. new text end

new text begin Housing with services establishment registration; conversion to an assisted
living facility license. new text end

new text begin (a) Housing with services establishments registered under chapter
144D, providing home care services according to chapter 144A to at least one resident, and
intending to provide assisted living services on or after August 1, 2021, must submit an
application for an assisted living facility license in accordance with section 144G.12 no
later than June 1, 2021. The commissioner shall consider the application in accordance with
section 144G.16.
new text end

new text begin (b) Notwithstanding the housing with services contract requirements identified in section
144D.04, any existing housing with services establishment registered under chapter 144D
that does not intend to convert its registration to an assisted living facility license under this
chapter must provide written notice to its residents at least 60 days before the expiration of
its registration, or no later than May 31, 2021, whichever is earlier. The notice must:
new text end

new text begin (1) state that the housing with services establishment does not intend to convert to an
assisted living facility;
new text end

new text begin (2) include the date when the housing with services establishment will no longer provide
housing with services;
new text end

new text begin (3) include the name, e-mail address, and phone number of the individual associated
with the housing with services establishment that the recipient of home care services may
contact to discuss the notice;
new text end

new text begin (4) include the contact information consisting of the phone number, e-mail address,
mailing address, and website for the Office of Ombudsman for Long-Term Care and the
Office of Ombudsman for Mental Health and Developmental Disabilities; and
new text end

new text begin (5) for residents who receive home and community-based waiver services under section
256B.49 and chapter 256S, also be provided to the resident's case manager at the same time
that it is provided to the resident.
new text end

new text begin (c) A housing with services registrant that obtains an assisted living facility license, but
does so under a different business name as a result of reincorporation, and continues to
provide services to the recipient, is not subject to the 60-day notice required under paragraph
(b). However, the provider must otherwise provide notice to the recipient as required under
sections 144D.04 and 144D.045, as applicable, and section 144D.09.
new text end

new text begin (d) All registered housing with services establishments providing assisted living under
sections 144G.01 to 144G.07 prior to August 1, 2021, must have an assisted living facility
license under this chapter.
new text end

new text begin (e) Effective August 1, 2021, any housing with services establishment registered under
chapter 144D that has not converted its registration to an assisted living facility license
under this chapter is prohibited from providing assisted living services.
new text end

new text begin Subd. 5. new text end

new text begin Conversion to assisted living licensure; renewal periods; prorated
licenses. new text end

new text begin (a) All assisted living facility licenses and assisted living facility with dementia
care licenses with an initial effective date in August 2021, shall be valid through July 31,
2022. These licenses must be initially renewed on August 1, 2022.
new text end

new text begin (b) Notices for renewal shall be issued by the department to all licensees by May 1,
2022. The notice shall include:
new text end

new text begin (1) instructions for how to complete the renewal process, including completion of the
renewal application and payment of the annual license fee in accordance with section
144G.17;
new text end

new text begin (2) a new randomly assigned license renewal period that will apply for all future license
renewals;
new text end

new text begin (3) instructions for licensees to request a change to the randomly assigned renewal period
based on financial hardship; and
new text end

new text begin (4) instructions for licensees with more than one assisted living facility license to request
that all license renewal dates occur in the same month or in different months throughout a
12-month period.
new text end

new text begin (c) License fees for the first license renewal shall be prorated based on the randomly
assigned license renewal period starting from August 1, 2022, as follows:
new text end

new text begin Assigned renewal month; must be completed by the 1st of the month: new text end	new text begin The initial renewed license will be issued for: new text end
new text begin January new text end	new text begin 5 months, ending December 31, 2022 new text end
new text begin February new text end	new text begin 6 months, ending January 31, 2023 new text end
new text begin March new text end	new text begin 7 months, ending February 28, 2023 new text end
new text begin April new text end	new text begin 8 months, ending March 31, 2023 new text end
new text begin May new text end	new text begin 9 months, ending April 30, 2023 new text end
new text begin June new text end	new text begin 10 months, ending May 31, 2023 new text end
new text begin July new text end	new text begin 11 months, ending June 30, 2023 new text end
new text begin August new text end	new text begin 12 months, ending July 31, 2023 new text end
new text begin September new text end	new text begin 13 months, ending August 31, 2023 new text end
new text begin October new text end	new text begin 14 months, ending September 30, 2023 new text end
new text begin November new text end	new text begin 15 months, ending October 31, 2023 new text end
new text begin December new text end	new text begin 16 months, ending November 30, 2023 new text end

new text begin (d) All prorated license fees shall be established by the commissioner based on the
licensee's annual fee in the fees schedule in section 144.122, paragraph (d).
new text end

new text begin (e) The amount of the annual fee shall be divided by 12 to establish the monthly
equivalent of that fee, and that amount shall be multiplied by the number of months in the
assigned prorated renewal period. This amount must be paid by the date in the renewal
instructions to the licensee in order to renew the license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2020, 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;

(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; deleted text begin and
deleted text end

(13) offer to provide or make available at least the following services to residents:

(i) at least three nutritious meals daily with snacks available seven days per week,
according to the recommended dietary allowances in the United States Department of
Agriculture (USDA) guidelines, including seasonal fresh fruit and fresh vegetables. The
following apply:

(A) menus must be prepared at least one week in advance, and made available to all
residents. The facility must encourage residents' involvement in menu planning. Meal
substitutions must be of similar nutritional value if a resident refuses a food that is served.
Residents must be informed in advance of menu changes;

(B) food must be prepared and served according to the Minnesota Food Code, Minnesota
Rules, chapter 4626; and

(C) the facility cannot require a resident to include and pay for meals in their contract;

(ii) weekly housekeeping;

(iii) weekly laundry service;

(iv) upon the request of the resident, provide direct or reasonable assistance with arranging
for transportation to medical and social services appointments, shopping, and other recreation,
and provide the name of or other identifying information about the persons responsible for
providing this assistance;

(v) upon the request of the resident, provide reasonable assistance with accessing
community resources and social services available in the community, and provide the name
of or other identifying information about persons responsible for providing this assistance;

(vi) provide culturally sensitive programs; and

(vii) have a daily program of social and recreational activities that are based upon
individual and group interests, physical, mental, and psychosocial needs, and that creates
opportunities for active participation in the community at large deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) provide staff access to an on-call registered nurse 24 hours per day, seven days per
week.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 14.

Minnesota Statutes 2020, section 144G.41, subdivision 3, is amended to read:

Subd. 3.

Infection control program.

new text begin (a) new text end All assisted living facilities must establish and
maintain an infection control program new text begin that complies with accepted health care, medical,
and nursing standards for infection control new text end .

new text begin (b) The facility's infection control program must be consistent with current guidelines
from the national Centers for Disease Control and Prevention (CDC) for infection prevention
and control in long-term care facilities and, as applicable, for infection prevention and
control in assisted living facilities.
new text end

new text begin (c) The facility must maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 15.

Minnesota Statutes 2020, section 144G.42, subdivision 9, is amended to read:

Subd. 9.

Tuberculosis prevention and control.

new text begin (a) new text end The facility must establish and
maintain a comprehensive tuberculosis infection control program according to the most
current tuberculosis infection control guidelines issued by the United States Centers for
Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published
in the CDC's Morbidity and Mortality Weekly Report deleted text begin (MMWR) deleted text end . The program must include
a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and regularly scheduled volunteers. The commissioner shall provide technical
assistance regarding implementation of the guidelines.

new text begin (b) The facility must maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 16.

Minnesota Statutes 2020, section 144G.42, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Communicable diseases. new text end

new text begin A facility must follow current state requirements
for prevention, control, and reporting of communicable diseases as defined in Minnesota
Rules, parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 17.

Minnesota Statutes 2020, section 144G.45, subdivision 2, is amended to read:

Subd. 2.

Fire protection and physical environment.

(a) Each assisted living facility
must deleted text begin have a comprehensive fire protection system that includes deleted text end new text begin comply with the State Fire
Code in Minnesota Rules, chapter 7511, and new text end :

(1) deleted text begin protection throughout by an approved supervised automatic sprinkler system according
to building code requirements established in Minnesota Rules, part 1305.0903, or smoke
detectors in each occupied room installed and maintained in accordance with the National
Fire Protection Association (NFPA) Standard 72; deleted text end new text begin for dwellings or sleeping units, as defined
in the State Fire Code:
new text end

new text begin (i) provide smoke alarms in each room used for sleeping purposes;
new text end

new text begin (ii) provide smoke alarms outside each separate sleeping area in the immediate vicinity
of bedrooms;
new text end

new text begin (iii) provide smoke alarms on each story within a dwelling unit, including basements,
but not including crawl spaces and unoccupied attics;
new text end

new text begin (iv) where more than one smoke alarm is required within an individual dwelling unit or
sleeping unit, interconnect all smoke alarms so that actuation of one alarm causes all alarms
in the individual dwelling unit or sleeping unit to operate; and
new text end

new text begin (v) ensure the power supply for existing smoke alarms complies with the State Fire
Code, except that newly introduced smoke alarms in existing buildings may be battery
operated;
new text end

(2) deleted text begin portable fire extinguishers installed and tested in accordance with the NFPA Standard
10; and deleted text end new text begin install and maintain portable fire extinguishers in accordance with the State Fire
Code;
new text end

new text begin (3) install portable fire extinguishers having a minimum 2-A:10-B:C rating within Group
R-3 occupancies, as defined by the State Fire Code, located so that the travel distance to
the nearest fire extinguisher does not exceed 75 feet, and maintained in accordance with
the State Fire Code; and
new text end

deleted text begin (3) deleted text end new text begin (4) keep new text end the physical environment, including walls, floors, ceiling, all furnishings,
grounds, systems, and equipment deleted text begin that is kept deleted text end in a continuous state of good repair and
operation with regard to the health, safety, comfort, and well-being of the residents in
accordance with a maintenance and repair program.

(b) deleted text begin Fire drills in assisted living facilities shall be conducted in accordance with the
residential board and care requirements in the Life Safety Code, except that fire drills in
secured dementia care units shall be conducted in accordance with section 144G.81,
subdivision 2. deleted text end new text begin Each assisted living facility shall develop and maintain fire safety and
evacuation plans. The plans shall include but are not limited to:
new text end

new text begin (1) location and number of resident sleeping rooms;
new text end

new text begin (2) employee actions to be taken in the event of a fire or similar emergency;
new text end

new text begin (3) fire protection procedures necessary for residents; and
new text end

new text begin (4) procedures for resident movement, evacuation, or relocation during a fire or similar
emergency including the identification of unique or unusual resident needs for movement
or evacuation.
new text end

new text begin (c) Employees of assisted living facilities shall receive training on the fire safety and
evacuation plans upon hiring and at least twice per year thereafter.
new text end

new text begin (d) Fire safety and evacuation plans shall be readily available at all times within the
facility.
new text end

new text begin (e) Residents who are capable of assisting in their own evacuation shall be trained on
the proper actions to take in the event of a fire to include movement, evacuation, or relocation.
The training shall be made available to residents at least once per year.
new text end

new text begin (f) Evacuation drills are required for employees twice per year per shift with at least one
evacuation drill every other month. Evacuation of the residents is not required. Fire alarm
system activation is not required to initiate the evacuation drill.
new text end

deleted text begin (c) deleted text end new text begin (g) new text end Existing construction or elements, including assisted living facilities that were
registered as housing with services establishments under chapter 144D prior to August 1,
2021, shall be permitted to deleted text begin be continued deleted text end new text begin continue new text end in use provided such use does not constitute
a distinct hazard to life. Any existing elements that an authority having jurisdiction deems
a distinct hazard to life must be corrected. The facility must document in the facility's records
any actions taken to comply with a correction order, and must submit to the commissioner
for review and approval prior to correction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 18.

Minnesota Statutes 2020, section 144G.45, subdivision 4, is amended to read:

Subd. 4.

Design requirements.

(a) All assisted living facilities with six or more residents
must meet the provisions relevant to assisted living facilities in the deleted text begin most current deleted text end new text begin 2018 new text end edition
of the Facility Guidelines Institute "Guidelines for Design and Construction of Residential
Health, Care and Support Facilities" and of adopted rules. This minimum design standard
must be met for all new licenses deleted text begin , deleted text end new text begin or new text end new construction deleted text begin , modifications, renovations, alterations,
changes of use, or additions deleted text end . In addition to the guidelines, assisted living facilities shall
provide the option of a bath in addition to a shower for all residents.

(b) If the commissioner decides to update the edition of the guidelines specified in
paragraph (a) for purposes of this subdivision, the commissioner must notify the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
health care and public safety of the planned update by January 15 of the year in which the
new edition will become effective. Following notice from the commissioner, the new edition
shall become effective for assisted living facilities beginning August 1 of that year, unless
provided otherwise in law. The commissioner shall, by publication in the State Register,
specify a date by which facilities must comply with the updated edition. The date by which
facilities must comply shall not be sooner than six months after publication of the
commissioner's notice in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2020, section 144G.45, subdivision 5, is amended to read:

Subd. 5.

Assisted living facilities; Life Safety Code.

(a) All assisted living facilities
with six or more residents must meet the applicable provisions of the deleted text begin most current deleted text end new text begin 2018 new text end
edition of the NFPA Standard 101, Life Safety Code, Residential Board and Care
Occupancies chapter. The minimum design standard shall be met for all new licenses deleted text begin , deleted text end new text begin or new text end
new construction deleted text begin , modifications, renovations, alterations, changes of use, or additions deleted text end .

(b) If the commissioner decides to update the Life Safety Code for purposes of this
subdivision, the commissioner must notify the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over health care and public safety of
the planned update by January 15 of the year in which the new Life Safety Code will become
effective. Following notice from the commissioner, the new edition shall become effective
for assisted living facilities beginning August 1 of that year, unless provided otherwise in
law. The commissioner shall, by publication in the State Register, specify a date by which
facilities must comply with the updated Life Safety Code. The date by which facilities must
comply shall not be sooner than six months after publication of the commissioner's notice
in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2020, section 144G.50, subdivision 1, is amended to read:

Subdivision 1.

Contract required.

(a) An assisted living facility may not offer or provide
housing or assisted living services to deleted text begin a resident deleted text end new text begin any individual new text end unless it has executed a
written contract deleted text begin with the resident deleted text end .

(b) The contract must contain all the terms concerning the provision of:

(1) housing;

(2) assisted living services, whether provided directly by the facility or by management
agreement or other agreement; and

(3) the resident's service plan, if applicable.

(c) A facility must:

(1) offer to prospective residents and provide to the Office of Ombudsman for Long-Term
Care a complete unsigned copy of its contract; and

(2) give a complete copy of any signed contract and any addendums, and all supporting
documents and attachments, to the resident promptly after a contract and any addendum
has been signed.

(d) A contract under this section is a consumer contract under sections 325G.29 to
325G.37.

(e) Before or at the time of execution of the contract, the facility must offer the resident
the opportunity to identify a designated representative according to subdivision 3.

(f) The resident must agree in writing to any additions or amendments to the contract.
Upon agreement between the resident and the facility, a new contract or an addendum to
the existing contract must be executed and signed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 21.

Minnesota Statutes 2020, section 144G.54, subdivision 4, is amended to read:

Subd. 4.

Burden of proof for appeals of termination.

(a) The facility bears the burden
of proof to establish by a preponderance of the evidence that the termination was permissible
if the appeal is brought on the ground listed in subdivision 2, clause new text begin (1) or new text end (4).

(b) The resident bears the burden of proof to establish by a preponderance of the evidence
that the termination was new text begin not new text end permissible if the appeal is brought on the ground listed in
subdivision 2, clause (2) or (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 22.

Minnesota Statutes 2020, section 144G.81, subdivision 3, is amended to read:

Subd. 3.

Assisted living facilities with dementia care and secured dementia care
unit; Life Safety Code.

(a) All assisted living facilities with dementia care and a secured
dementia care unit must meet the applicable provisions of the deleted text begin most current deleted text end new text begin 2018 new text end edition of
the NFPA Standard 101, Life Safety Code, Healthcare (limited care) chapter. The minimum
design standards shall be met for all new licenses deleted text begin , deleted text end new text begin or new text end new construction deleted text begin , modifications,
renovations, alterations, changes of use, or additions deleted text end .

(b) If the commissioner decides to update the Life Safety Code for purposes of this
subdivision, the commissioner must notify the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over health care and public safety of
the planned update by January 15 of the year in which the new Life Safety Code will become
effective. Following notice from the commissioner, the new edition shall become effective
for assisted living facilities with dementia care and a secured dementia care unit beginning
August 1 of that year, unless provided otherwise in law. The commissioner shall, by
publication in the State Register, specify a date by which these facilities must comply with
the updated Life Safety Code. The date by which these facilities must comply shall not be
sooner than six months after publication of the commissioner's notice in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2020, section 144G.92, subdivision 5, is amended to read:

Subd. 5.

Other laws.

Nothing in this section affects the rights new text begin and remedies new text end available
deleted text begin to a resident deleted text end under section 626.557 new text begin , subdivisions 10, 17, and 20 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 24. new text begin APPROPRIATION.
new text end

new text begin $281,000 in fiscal year 2021 is appropriated from the state government special revenue
fund to the Board of Executives for Long Term Services and Supports for board operations.
This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes, in consultation with the House Research Department, Office
of Senate Counsel, Research and Fiscal Analysis, and the Department of Health, shall make
necessary cross-reference changes and remove obsolete statutory cross-references in
Minnesota Statutes to conform with the changes resulting from the implementation and
effective date of assisted living licensure under Minnesota Statutes, sections 144G.08 to
144G.9999, and Laws 2019, chapter 60, before publication of the 2021 Statutes Supplement.
new text end

new text begin (b) The revisor, in consultation with the House Research Department, Office of Senate
Counsel, Research and Fiscal Analysis, and the Department of Health, may make technical
and other necessary changes to sentence structure to preserve the meaning of the text. The
revisor may make changes to Minnesota Statutes to incorporate statutory changes made by
other law in the 2021 regular legislative session. If a provision repealed in this act is also
amended in the 2021 regular legislative session by other law, the revisor shall give effect
to the amendment and renumber it in chapter 144G.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following enactment.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 144G.81, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-9417

144G.81 ADDITIONAL REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH SECURED DEMENTIA CARE UNITS.

Subd. 2.

Fire drills.

Fire drills in secured dementia care units in assisted living facilities with dementia care shall be conducted in accordance with the NFPA Standard 101, Life Safety Code, Healthcare (limited care) chapter.