HF 2245

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; modifying requirements relating to 
  1.3             home care providers and housing with services 
  1.4             establishments; providing for licensure of housing 
  1.5             with services home care providers; amending Minnesota 
  1.6             Statutes 1994, sections 144A.43, subdivision 4; 
  1.7             144A.45, subdivision 1; and 144A.46, subdivision 1; 
  1.8             Minnesota Statutes 1995 Supplement, sections 144B.01, 
  1.9             subdivision 5; 144D.01, subdivisions 4, 5, and 6; 
  1.10            144D.02; 144D.03; 144D.04; 144D.05; 144D.06; and 
  1.11            157.17, subdivision 7; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 144A; repealing Minnesota 
  1.13            Statutes 1994, section 144A.45, subdivision 3. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 144A.43, 
  1.16  subdivision 4, is amended to read: 
  1.17     Subd. 4.  [HOME CARE PROVIDER.] "Home care provider" means 
  1.18  an individual, organization, association, corporation, unit of 
  1.19  government, or other entity that is regularly engaged in the 
  1.20  delivery, directly or by contractual arrangement, of home care 
  1.21  services for a fee.  At least one home care service must be 
  1.22  provided directly, although additional home care services may be 
  1.23  provided by contractual arrangements.  "Home care provider" 
  1.24  includes a hospice program defined in section 144A.48.  "Home 
  1.25  care provider" does not include: 
  1.26     (1) any home care or nursing services conducted by and for 
  1.27  the adherents of any recognized church or religious denomination 
  1.28  for the purpose of providing care and services for those who 
  1.29  depend upon spiritual means, through prayer alone, for healing; 
  2.1      (2) an individual who only provides services to a relative; 
  2.2      (3) an individual not connected with a home care provider 
  2.3   who provides assistance with home management services or 
  2.4   personal care needs if the assistance is provided primarily as a 
  2.5   contribution and not as a business; 
  2.6      (4) an individual not connected with a home care provider 
  2.7   who shares housing with and provides primarily housekeeping or 
  2.8   homemaking services to an elderly or disabled person in return 
  2.9   for free or reduced-cost housing; 
  2.10     (5) an individual or agency providing home-delivered meal 
  2.11  services; 
  2.12     (6) an agency providing senior companion services and other 
  2.13  older American volunteer programs established under the Domestic 
  2.14  Volunteer Service Act of 1973, Public Law Number 98-288; 
  2.15     (7) an employee of a nursing home licensed under this 
  2.16  chapter or an employee of a boarding care home licensed under 
  2.17  sections 144.50 to 144.56 who provides emergency services to 
  2.18  individuals residing in an apartment unit attached to or other 
  2.19  residential setting that is on the same campus as the nursing 
  2.20  home; 
  2.21     (8) a member of a professional corporation organized under 
  2.22  sections 319A.01 to 319A.22 that does not regularly offer or 
  2.23  provide home care services as defined in subdivision 3; 
  2.24     (9) the following organizations established to provide 
  2.25  medical or surgical services that do not regularly offer or 
  2.26  provide home care services as defined in subdivision 3:  a 
  2.27  business trust organized under sections 318.01 to 318.04, a 
  2.28  nonprofit corporation organized under chapter 317A, a 
  2.29  partnership organized under chapter 323, or any other entity 
  2.30  determined by the commissioner; 
  2.31     (10) an individual or agency that provides medical supplies 
  2.32  or durable medical equipment, except when the provision of 
  2.33  supplies or equipment is accompanied by a home care service; 
  2.34     (11) an individual licensed under chapter 147; or 
  2.35     (12) an individual who provides home care services to a 
  2.36  person with a developmental disability who lives in a place of 
  3.1   residence with a family, foster family, or primary caregiver. 
  3.2      Sec. 2.  Minnesota Statutes 1994, section 144A.45, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [RULES.] The commissioner shall adopt rules 
  3.5   for the regulation of home care providers pursuant to sections 
  3.6   144A.43 to 144A.49.  The rules shall include the following:  
  3.7      (a) provisions to assure, to the extent possible, the 
  3.8   health, safety and well-being, and appropriate treatment of 
  3.9   persons who receive home care services; 
  3.10     (b) requirements that home care providers furnish the 
  3.11  commissioner with specified information necessary to implement 
  3.12  sections 144A.43 to 144A.49; 
  3.13     (c) standards of training of home care provider personnel, 
  3.14  which may vary according to the nature of the services provided 
  3.15  or the health status of the consumer; 
  3.16     (d) standards for medications management by 
  3.17  paraprofessionals including housing aides; 
  3.18     (e) standards of supervision by a registered nurse or other 
  3.19  appropriate health care professionals of personnel providing 
  3.20  home care services, which may vary according to the nature of 
  3.21  the services provided or the health status of the consumer to 
  3.22  require supervision on site at least every 62 days, or more 
  3.23  frequently if indicated by a clinical assessment, and in 
  3.24  accordance with sections 148.171 to 148.285, and Minnesota 
  3.25  Rules, part 6321.0100; 
  3.26     (e) (f) requirements for the involvement of a consumer's 
  3.27  physician, the documentation of physicians' orders, if required, 
  3.28  and the consumer's treatment plan, and the maintenance of 
  3.29  accurate, current clinical records; 
  3.30     (f) (g) the establishment of different classes of licenses 
  3.31  for different types of providers and different standards and 
  3.32  requirements for different kinds of home care services; and 
  3.33     (g) (h) operating procedures required to implement the home 
  3.34  care bill of rights. 
  3.35     Sec. 3.  Minnesota Statutes 1994, section 144A.46, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [LICENSE REQUIRED.] (a) A home care 
  4.2   provider may not operate in the state without a current license 
  4.3   issued by the commissioner of health.  A home care provider may 
  4.4   hold one or more separate licenses for each class of home care 
  4.5   license.  If a home care provider holds more than one license, 
  4.6   then each service agreement must identify under which license 
  4.7   the client is receiving services. 
  4.8      (b) Within ten days after receiving an application for a 
  4.9   license, the commissioner shall acknowledge receipt of the 
  4.10  application in writing.  The acknowledgment must indicate 
  4.11  whether the application appears to be complete or whether 
  4.12  additional information is required before the application will 
  4.13  be considered complete.  Within 90 days after receiving a 
  4.14  complete application, the commissioner shall either grant or 
  4.15  deny the license.  If an applicant is not granted or denied a 
  4.16  license within 90 days after submitting a complete application, 
  4.17  the license must be deemed granted.  An applicant whose license 
  4.18  has been deemed granted must provide written notice to the 
  4.19  commissioner before providing a home care service. 
  4.20     (c) Each application for a home care provider license, or 
  4.21  for a renewal of a license, shall be accompanied by a fee to be 
  4.22  set by the commissioner under section 144.122. 
  4.23     Sec. 4.  [144A.475] [CLASS E HOUSING WITH SERVICES HOME 
  4.24  CARE PROVIDER.] 
  4.25     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  4.26  section, the following definitions apply: 
  4.27     (1) "Class E housing with services home care provider" 
  4.28  means a home care provider providing nursing services or housing 
  4.29  aide services or both in a housing with services establishment 
  4.30  as defined in chapter 144D. 
  4.31     (2) "Housing aide" means a natural person who provides 
  4.32  housing aide services. 
  4.33     (3) "Housing aide services" means performing tasks defined 
  4.34  as home health aide or home care aide tasks in Minnesota Rules, 
  4.35  parts 4668.0100 and 4668.0110, for residents of a housing with 
  4.36  services establishment. 
  5.1      Subd. 2.  [CLASS E LICENSE ESTABLISHED.] A home care 
  5.2   provider licensure category entitled class E housing with 
  5.3   services home care provider is hereby established.  A home care 
  5.4   provider operating a housing with services program may obtain a 
  5.5   class E license if the program meets the following requirements: 
  5.6      (1) nursing services or housing aide services or both under 
  5.7   the class E license are provided solely to residents of one or 
  5.8   more housing with services establishments registered under 
  5.9   chapter 144D; 
  5.10     (2) housing aides are qualified to perform those housing 
  5.11  aide services which are offered to the residents of the housing 
  5.12  with services establishment.  Qualifications may be established 
  5.13  in accordance with subdivision 3; 
  5.14     (3) periodic supervision of housing aides is provided as 
  5.15  otherwise set forth in Minnesota Rules, part 4668.0110, subpart 
  5.16  6, except that tasks defined in Minnesota Rules, part 4668.0100, 
  5.17  subpart 1, shall be supervised on site by a registered nurse at 
  5.18  least once every 62 days, or more frequently if indicated by a 
  5.19  clinical assessment, and in accordance with sections 148.171 to 
  5.20  148.285, and Minnesota Rules, part 6321.0100; 
  5.21     (4) notwithstanding Minnesota Rules, part 4668.0160, 
  5.22  subpart 6, item D, client records shall include documentation of 
  5.23  the home care services provided each day to the resident of a 
  5.24  housing with services establishment signed by the staff 
  5.25  providing the services and entered into the record no later than 
  5.26  two weeks after the end of the service day; 
  5.27     (5) medication and treatment orders, if any, are included 
  5.28  in the client record and are renewed at least every six months, 
  5.29  or more frequently if indicated by a clinical assessment; 
  5.30     (6) the central storage of medications in a housing with 
  5.31  services establishment is permitted under a system, which is 
  5.32  established by a registered nurse and addresses the control of 
  5.33  medications, handling of medications, medication containers, 
  5.34  medication records, and disposition of medications; and 
  5.35     (7) in other respects it meets the requirements for class E 
  5.36  home care licensure set forth in Minnesota Rules, parts 
  6.1   4668.0002 to 4668.0240. 
  6.2      Subd. 3.  [TRAINING OR COMPETENCY EVALUATIONS 
  6.3   REQUIRED.] (a) Housing aides shall be trained for or demonstrate 
  6.4   competency in each housing aide service offered to clients in a 
  6.5   housing with services establishment. 
  6.6      (b) Training for housing aides shall use a curriculum 
  6.7   approved by the commissioner for each separate task they will 
  6.8   perform. 
  6.9      (c) Competency evaluations may be completed on the site of 
  6.10  a registered housing with services establishment or in a 
  6.11  client's residence. 
  6.12     (d) A registered nurse shall document each competency 
  6.13  evaluation. 
  6.14     (e) All housing aides shall be trained or demonstrate 
  6.15  competency in a set of core competencies, which are defined in 
  6.16  Minnesota Rules, part 4668.0130, subpart 2, items A to D, H, and 
  6.17  J to M. 
  6.18     (f) A registered nurse may delegate the nursing services 
  6.19  defined in Minnesota Rules, part 4668.0100, subpart 1, items A 
  6.20  to H, as tasks to be performed by housing aides who have been 
  6.21  trained or demonstrate competency under this section.  If 
  6.22  medication administration is delegated to housing aides, it must 
  6.23  be done in accordance with the requirements set forth in 
  6.24  Minnesota Rules, part 4668.0100, subparts 2 to 4, except that a 
  6.25  housing aide need not comply with the requirements of Minnesota 
  6.26  Rules, part 4668.0100, subpart 5. 
  6.27     Subd. 4.  [DATE OF LICENSURE.] (a) Beginning August 1, 
  6.28  1996, home care providers may obtain a home care license under 
  6.29  this section.  Housing with services establishments registered 
  6.30  under chapter 144D that are required to obtain a home care 
  6.31  license must obtain a home care license according to this 
  6.32  section or according to the standards for a class A agency in 
  6.33  Minnesota Rules, parts 4668.0002 to 4668.0240. 
  6.34     (b) No later than December 31, 1996, any home care provider 
  6.35  with a class E assisted living program license issued prior to 
  6.36  August 1, 1996, shall comply with the provisions of this 
  7.1   section.  If the home care provider's class E assisted living 
  7.2   program license expires prior to December 31, 1996, compliance 
  7.3   with the provisions of Minnesota Rules, parts 4668.0002 to 
  7.4   4668.0240, shall be followed until December 31, 1996, or until 
  7.5   compliance with this section is obtained, whichever comes first. 
  7.6      (c) Any board and lodging establishment registered under 
  7.7   section 157.17 which is required to be registered under 
  7.8   Minnesota Statutes, chapter 144D, shall be registered under 
  7.9   chapter 144D by August 1, 1996.  Supportive services and health 
  7.10  supervision services may continue to be provided under the 
  7.11  requirements of section 157.17 until December 31, 1996.  After 
  7.12  that date, compliance with the provisions of this section is 
  7.13  required. 
  7.14     Subd. 5.  [WAIVER.] Upon request of the provider, the 
  7.15  commissioner may waive the provisions of this section relating 
  7.16  to registered nurse duties. 
  7.17     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  7.18  144B.01, subdivision 5, is amended to read: 
  7.19     Subd. 5.  [RESIDENTIAL CARE HOME OR HOME.] "Residential 
  7.20  care home" or "home" means an establishment with a minimum of 
  7.21  five beds, where adult residents are provided sleeping 
  7.22  accommodations and three or more meals per day and where at 
  7.23  least two or more supportive services or at least one 
  7.24  health-related service are provided or offered to all residents 
  7.25  by the home.  A residential care home is not required to offer 
  7.26  every supportive or health-related service.  A "residential care 
  7.27  home" does not include: 
  7.28     (1) a board and lodging establishment licensed under 
  7.29  chapter 157 and the provisions of Minnesota Rules, parts 
  7.30  9530.4100 to 9530.4450; 
  7.31     (2) a boarding care home or a supervised living facility 
  7.32  licensed under chapter 144; 
  7.33     (3) a home care provider licensed under chapter 144A; 
  7.34     (4) any housing arrangement which consists of apartments 
  7.35  containing a separate kitchen or kitchen equipment that will 
  7.36  allow residents to prepare meals and where supportive services 
  8.1   may be provided, on an individual basis, to residents in their 
  8.2   living units either by the management of the residential care 
  8.3   home or by home care providers under contract with the home's 
  8.4   management; 
  8.5      (5) a board or lodging establishment which serves as a 
  8.6   shelter for battered women or other similar purpose; and 
  8.7      (6) an elderly a housing with services establishment 
  8.8   registered under chapter 144D. 
  8.9      Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  8.10  144D.01, subdivision 4, is amended to read: 
  8.11     Subd. 4.  [ELDERLY HOUSING WITH SERVICES ESTABLISHMENT OR 
  8.12  ESTABLISHMENT.] "Elderly Housing with services establishment" or 
  8.13  "establishment" means an establishment providing sleeping 
  8.14  accommodations to one or more adult residents, at least 80 
  8.15  percent of which are 55 years of age or older, and offering or 
  8.16  providing, for a fee, one or more health-related services or two 
  8.17  or more supportive service services, whether offered or provided 
  8.18  directly by the establishment or by another entity arranged for 
  8.19  by the establishment.  Offering or providing does not include 
  8.20  services which may be made available by the establishment on an 
  8.21  intermittent or incidental basis.  
  8.22     Elderly A housing with services establishment does not 
  8.23  include: 
  8.24     (1) a nursing home licensed under chapter 144A; 
  8.25     (2) a hospital, boarding care home, or supervised living 
  8.26  facility licensed under sections 144.50 to 144.56; 
  8.27     (3) a board and lodging establishment licensed under 
  8.28  chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 
  8.29  9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 
  8.30  9530.4450; 
  8.31     (4) a board and lodging establishment which serves as a 
  8.32  shelter for battered women or other similar purpose; 
  8.33     (5) a family adult foster care home licensed under 
  8.34  Minnesota Rules, parts 9543.0010 to 9543.0150 9555.5050 to 
  8.35  9555.6265; or 
  8.36     (6) private homes in which the residents are related by 
  9.1   kinship, law, or affinity with the providers of services; 
  9.2      (7) home sharing arrangements such as those in which 
  9.3   elderly or disabled persons or single-parent families make 
  9.4   lodging in their private residences available to other persons 
  9.5   in exchange for services or rent or both; or 
  9.6      (8) duly organized condominiums, cooperatives, common 
  9.7   interest communities, and owners' associations of any of the 
  9.8   foregoing where at least 80 percent of the units which comprise 
  9.9   such condominiums, cooperatives, or common interest communities 
  9.10  are occupied by natural persons who are the owners, members, or 
  9.11  shareholders thereof. 
  9.12     Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  9.13  144D.01, subdivision 5, is amended to read: 
  9.14     Subd. 5.  [SUPPORTIVE SERVICES.] "Supportive services" 
  9.15  means arranging for medical services, health-related services, 
  9.16  social services, or transportation to medical or social services 
  9.17  appointments, help with personal laundry, or handling or 
  9.18  assisting with personal funds of residents.  Arranging for 
  9.19  services does not include making referrals, assisting a resident 
  9.20  in contacting a service provider of the resident's choice, or 
  9.21  contacting a service provider in an emergency. 
  9.22     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  9.23  144D.01, subdivision 6, is amended to read: 
  9.24     Subd. 6.  [HEALTH-RELATED SERVICES.] "Health-related 
  9.25  services" include professional nursing services, home health 
  9.26  aide tasks, and home care aide tasks identified in Minnesota 
  9.27  Rules, parts 4668.0100, subparts 1 and 2; and 4668.0110, subpart 
  9.28  1, or the central storage of medication for residents under 
  9.29  section 144A.485, subdivision 2, clause (6) 144A.475, 
  9.30  subdivision 2, clause (6). 
  9.31     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
  9.32  144D.02, is amended to read: 
  9.33     144D.02 [REGISTRATION REQUIRED; REGISTRATION PERMITTED.] 
  9.34     No entity may establish, operate, conduct, or maintain an 
  9.35  elderly housing with services establishment in this state 
  9.36  without registering and operating as required in sections 
 10.1   144D.01 to 144D.06.  A housing with services establishment in 
 10.2   which at least 80 percent of the residents are 55 years of age 
 10.3   or older is required to register and to operate under the 
 10.4   provisions of this chapter.  A housing with services 
 10.5   establishment which is not required to register may, at its 
 10.6   option, register under this chapter.  If a housing with services 
 10.7   establishment which is not required to register does register, 
 10.8   it is required to operate under the provisions of this chapter 
 10.9   as if it had been required to register. 
 10.10     Sec. 10.  Minnesota Statutes 1995 Supplement, section 
 10.11  144D.03, is amended to read: 
 10.12     144D.03 [REGISTRATION.] 
 10.13     Subdivision 1.  [REGISTRATION PROCEDURES.] The commissioner 
 10.14  shall establish forms and procedures for annual registration of 
 10.15  elderly housing with services establishments.  The commissioner 
 10.16  shall charge an annual registration fee of $35.  No fee shall be 
 10.17  refunded.  A registered establishment shall notify the 
 10.18  commissioner within 30 days of any change in the business name 
 10.19  or address of the establishment, the name or mailing address of 
 10.20  the owner or owners, or the name or mailing address of the 
 10.21  managing agent.  There shall be no fee for submission of the 
 10.22  notice.  A registered establishment may provide written notice 
 10.23  to the commissioner of the date it is no longer required to be 
 10.24  registered under this chapter.  There shall be no fee for 
 10.25  submission of the notice. 
 10.26     Subd. 2.  [REGISTRATION INFORMATION.] The establishment 
 10.27  shall provide the following information to the commissioner in 
 10.28  order to be registered: 
 10.29     (1) the business name, street address, and mailing address 
 10.30  of the establishment; 
 10.31     (2) the name and mailing address of the owner or owners of 
 10.32  the establishment and, if the owner or owners are not natural 
 10.33  persons, identification of the type of business entity of the 
 10.34  owner or owners, and the names and addresses of the officers and 
 10.35  members of the governing body, or comparable persons for 
 10.36  partnerships, limited liability corporations, or other types of 
 11.1   business organizations of the owner or owners; 
 11.2      (3) the name and mailing address of the managing agent, 
 11.3   whether through management agreement or lease agreement, of the 
 11.4   establishment, if different from the owner or owners, and the 
 11.5   name of the on-site manager, if any; 
 11.6      (4) verification that the establishment has entered into an 
 11.7   elderly housing with services contract, as required in section 
 11.8   144D.04, with each resident or resident's representative; 
 11.9      (5) the name and address of at least one natural person who 
 11.10  shall be responsible for dealing with the commissioner on all 
 11.11  matters provided for in sections 144D.01 to 144D.06, and on whom 
 11.12  personal service of all notices and orders shall be made, and 
 11.13  who shall be authorized to accept service on behalf of the owner 
 11.14  or owners and the managing agent, if any; and 
 11.15     (6) the signature of the authorized representative of the 
 11.16  owner or owners or, if the owner or owners are not natural 
 11.17  persons, signatures of at least two authorized representatives 
 11.18  of each owner, one of which shall be an officer of the owner. 
 11.19     Personal service on the person identified under clause (5) 
 11.20  by the owner or owners in the registration shall be considered 
 11.21  service on the owner or owners, and it shall not be a defense to 
 11.22  any action that personal service was not made on each individual 
 11.23  or entity.  The designation of one or more individuals under 
 11.24  this subdivision shall not affect the legal responsibility of 
 11.25  the owner or owners under sections 144D.01 to 144D.06. 
 11.26     Sec. 11.  Minnesota Statutes 1995 Supplement, section 
 11.27  144D.04, is amended to read: 
 11.28     144D.04 [ELDERLY HOUSING WITH SERVICES CONTRACTS.] 
 11.29     Subdivision 1.  [CONTRACT REQUIRED.] No elderly housing 
 11.30  with services establishment may operate in this state unless a 
 11.31  written elderly housing with services contract, as defined in 
 11.32  subdivision 2, is executed between the establishment and each 
 11.33  resident or resident's representative and unless the 
 11.34  establishment operates in accordance with the terms of the 
 11.35  contract.  The resident or the resident's representative shall 
 11.36  be given a complete copy of the contract and all supporting 
 12.1   documents and attachments and any changes whenever changes are 
 12.2   made. 
 12.3      Subd. 2.  [CONTENTS OF CONTRACT.] An elderly housing with 
 12.4   services contract, which need not be entitled as such to comply 
 12.5   with this section, shall include at least the following elements 
 12.6   in itself or through supporting documents or attachments: 
 12.7      (1) name, street address, and mailing address of the 
 12.8   establishment; 
 12.9      (2) the name and mailing address of the owner or owners of 
 12.10  the establishment and, if the owner or owners is not a natural 
 12.11  person, identification of the type of business entity of the 
 12.12  owner or owners; 
 12.13     (3) the name and mailing address of the managing agent, 
 12.14  through management agreement or lease agreement, of the 
 12.15  establishment, if different from the owner or owners; 
 12.16     (4) the name and address of at least one natural person who 
 12.17  is authorized to accept service on behalf of the owner or owners 
 12.18  and managing agent; 
 12.19     (5) statement describing the registration and licensure 
 12.20  status of the establishment and any provider providing 
 12.21  health-related or supportive services under an arrangement with 
 12.22  the establishment; 
 12.23     (6) term of the contract; 
 12.24     (7) description of the services to be provided to the 
 12.25  resident in the base rate to be paid by resident; 
 12.26     (8) description of any additional services available for an 
 12.27  additional fee from the establishment directly or through 
 12.28  arrangements with the establishment; 
 12.29     (9) fee schedules outlining the cost of any additional 
 12.30  services; 
 12.31     (10) description of the process through which the contract 
 12.32  may be modified, amended, or terminated; 
 12.33     (11) description of the establishment's complaint 
 12.34  resolution process available to residents; 
 12.35     (12) the resident's designated representative, if any; 
 12.36     (13) the establishment's referral procedures if the 
 13.1   contract is terminated; 
 13.2      (14) criteria used by the establishment to determine who 
 13.3   may continue to reside in the elderly housing with services 
 13.4   establishment; 
 13.5      (15) billing and payment procedures and requirements; 
 13.6      (16) statement regarding the ability of residents to 
 13.7   receive services from service providers with whom the 
 13.8   establishment does not have an arrangement; and 
 13.9      (17) statement regarding the availability of public funds 
 13.10  for payment for residence or services in the establishment. 
 13.11     Subd. 3.  [CONTRACTS IN PERMANENT FILES.] Elderly Housing 
 13.12  with services contracts and related documents executed by each 
 13.13  resident or resident's representative shall be maintained by the 
 13.14  establishment in files from the date of execution until three 
 13.15  years after the contract is terminated.  The contracts shall be 
 13.16  made available for on-site inspection by the commissioner upon 
 13.17  request at any time. 
 13.18     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 13.19  144D.05, is amended to read: 
 13.20     144D.05 [AUTHORITY OF COMMISSIONER.] 
 13.21     The commissioner shall, upon receipt of information which 
 13.22  may indicate the failure of the elderly a housing with services 
 13.23  establishment, a resident, a resident's representative, or a 
 13.24  service provider to comply with a legal requirement to which one 
 13.25  or more of them may be subject, make appropriate referrals to 
 13.26  other governmental agencies and entities having jurisdiction 
 13.27  over the subject matter.  The commissioner may also make 
 13.28  referrals to any public or private agency the commissioner 
 13.29  considers available for appropriate assistance to those involved.
 13.30     The commissioner shall have standing to bring an action for 
 13.31  injunctive relief in the district court in the district in which 
 13.32  an establishment is located to compel the elderly a housing with 
 13.33  services establishment to meet the requirements of this chapter 
 13.34  or other requirements of the state or of any county or local 
 13.35  governmental unit to which the establishment is otherwise 
 13.36  subject.  Proceedings for securing an injunction may be brought 
 14.1   by the commissioner through the attorney general or through the 
 14.2   appropriate county attorney.  The sanctions in this section do 
 14.3   not restrict the availability of other sanctions. 
 14.4      Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 14.5   144D.06, is amended to read: 
 14.6      144D.06 [OTHER LAWS.] 
 14.7      An elderly housing with services establishment shall obtain 
 14.8   and maintain all other licenses, permits, registrations, or 
 14.9   other governmental approvals required of it in addition to 
 14.10  registration under this chapter, except that an establishment 
 14.11  registered under this chapter is exempt, at its option, from the 
 14.12  requirement of obtaining and maintaining an adult foster care 
 14.13  license under Minnesota Rules, parts 9543.0010 to 9543.0150, or 
 14.14  a lodging license under chapter 157.  An elderly A housing with 
 14.15  services establishment is subject to the provisions of sections 
 14.16  504.01 to 504.28 and 566.01 to 566.175.  An elderly housing with 
 14.17  services establishment which is also described in section 
 14.18  157.031 is exempt from the requirements of that section while it 
 14.19  is registered under this chapter. 
 14.20     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
 14.21  157.17, subdivision 7, is amended to read: 
 14.22     Subd. 7.  [EXEMPTION FOR ESTABLISHMENTS WITH A HUMAN 
 14.23  SERVICES LICENSE AND FOR REGISTERED HOUSING WITH SERVICES 
 14.24  ESTABLISHMENTS.] This section does not apply to a boarding and 
 14.25  lodging establishment or lodging establishment that is licensed 
 14.26  by the commissioner of human services under chapter 
 14.27  245A.  Establishments registered under chapter 144D shall be 
 14.28  considered registered under this section for all purposes except 
 14.29  that: 
 14.30     (1) such establishments shall operate under the 
 14.31  requirements of chapter 144D and sections 144A.43 to 144A.48, if 
 14.32  applicable, and may not operate under the requirements of this 
 14.33  section; and 
 14.34     (2) such establishments shall fall under the criminal 
 14.35  background check requirements of sections 299C.67 to 299C.71.  
 14.36  The criminal background check requirements of section 144.057 
 15.1   shall apply only to personnel providing home care services under 
 15.2   sections 144A.43 to 144A.48 in such establishments.  
 15.3      Sec. 15.  [REPEALER.] 
 15.4      Minnesota Statutes 1994, section 144A.45, subdivision 3, is 
 15.5   repealed.