Engrossments
Introduction		Posted on 03/07/2022
1st Engrossment		Posted on 03/30/2022
2nd Engrossment		Posted on 04/05/2022
3rd Engrossment		Posted on 05/25/2022

Section 1.

Minnesota Statutes 2020, section 144.057, subdivision 1, is amended to read:

Subdivision 1.

Background studies required.

new text begin (a) Except as specified in paragraph (b),
new text end the commissioner of health shall contract with the commissioner of human services to
conduct background studies of:

(1) individuals providing services that have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A; an assisted
living facility or assisted living facility with dementia care licensed under chapter 144G;
or a boarding care home licensed under sections 144.50 to 144.58. If the individual under
study resides outside Minnesota, the study must include a check for substantiated findings
of maltreatment of adults and children in the individual's state of residence when the
information is made available by that state, and must include a check of the National Crime
Information Center database;

(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; deleted text begin and
deleted text end

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70deleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under chapter 245C, regardless of the licensure status of the license
applicant, owner, managerial official, or controlling individual.
new text end

new text begin (b) The commissioner of human services shall not conduct a background study on any
individual identified in paragraph (a), clauses (1) to (5), if the individual has a valid license
issued by a health-related licensing board as defined in section 214.01, subdivision 2, and
has completed the criminal background check as required in section 214.075. An entity that
is affiliated with individuals who meet the requirements of this paragraph must separate
those individuals from the entity's roster for NETStudy 2.0.
new text end

new text begin (c) new text end If a facility or program is licensed by the Department of Human Services and subject
to the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.

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 2021 Supplement, section 144.0724, subdivision 4, is amended
to read:

Subd. 4.

Resident assessment schedule.

(a) A facility must conduct and electronically
submit to the federal database MDS assessments that conform with the assessment schedule
defined by the Long Term Care Facility Resident Assessment Instrument User's Manual,
version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The
commissioner of health may substitute successor manuals or question and answer documents
published by the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services, to replace or supplement the current version of the manual
or document.

(b) The assessments required under the Omnibus Budget Reconciliation Act of 1987
(OBRA) used to determine a case mix classification for reimbursement include deleted text begin the followingdeleted text end :

(1) a new admission comprehensive assessment, which must have an assessment reference
date (ARD) within 14 calendar days after admission, excluding readmissions;

(2) an annual comprehensive assessment, which must have an ARD within 92 days of
a previous quarterly review assessment or a previous comprehensive assessment, which
must occur at least once every 366 days;

(3) a significant change in status comprehensive assessment, which must have an ARD
within 14 days after the facility determines, or should have determined, that there has been
a significant change in the resident's physical or mental condition, whether an improvement
or a decline, and regardless of the amount of time since the last comprehensive assessment
or quarterly review assessment;

(4) a quarterly review assessment must have an ARD within 92 days of the ARD of the
previous quarterly review assessment or a previous comprehensive assessment;

(5) any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for RUG classification;

(6) any significant correction to a prior quarterly review assessment, if the assessment
being corrected is the current one being used for RUG classification;

(7) a required significant change in status assessment when:

(i) all speech, occupational, and physical therapies have ended. new text begin If the most recent OBRA
comprehensive or quarterly assessment completed does not result in a rehabilitation case
mix classification, then the significant change in status assessment is not required. new text end The ARD
of this assessment must be set on day eight after all therapy services have ended; and

(ii) isolation for an infectious disease has ended. new text begin If isolation was not coded on the most
recent OBRA comprehensive or quarterly assessment completed, then the significant change
in status assessment is not required. new text end The ARD of this assessment must be set on day 15 after
isolation has ended; and

(8) any modifications to the most recent assessments under clauses (1) to (7).

(c) In addition to the assessments listed in paragraph (b), the assessments used to
determine nursing facility level of care include the following:

(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by
the Senior LinkAge Line or other organization under contract with the Minnesota Board on
Aging; and

(2) a nursing facility level of care determination as provided for under section 256B.0911,
subdivision 4e, as part of a face-to-face long-term care consultation assessment completed
under section 256B.0911, by a county, tribe, or managed care organization under contract
with the Department of Human Services.

Sec. 3.

Minnesota Statutes 2020, section 144.1201, subdivision 2, is amended to read:

Subd. 2.

deleted text begin By-product nucleardeleted text end new text begin Byproductnew text end material.

"deleted text begin By-product nucleardeleted text end new text begin Byproductnew text end
material" means deleted text begin a radioactive material, other than special nuclear material, yielded in or
made radioactive by exposure to radiation created incident to the process of producing or
utilizing special nuclear material.deleted text end new text begin :
new text end

new text begin (1) any radioactive material, except special nuclear material, yielded in or made
radioactive by exposure to the radiation incident to the process of producing or using special
nuclear material;
new text end

new text begin (2) the tailings or wastes produced by the extraction or concentration of uranium or
thorium from ore processed primarily for its source material content, including discrete
surface wastes resulting from uranium solution extraction processes. Underground ore
bodies depleted by these solution extraction operations do not constitute byproduct material
within this definition;
new text end

new text begin (3) any discrete source of radium-226 that is produced, extracted, or converted after
extraction for commercial, medical, or research activity, or any material that:
new text end

new text begin (i) has been made radioactive by use of a particle accelerator; and
new text end

new text begin (ii) is produced, extracted, or converted after extraction for commercial, medical, or
research activity; and
new text end

new text begin (4) any discrete source of naturally occurring radioactive material, other than source
nuclear material, that:
new text end

new text begin (i) the United States Nuclear Regulatory Commission, in consultation with the
Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary
of Homeland Security, and the head of any other appropriate federal agency determines
would pose a threat similar to the threat posed by a discrete source of radium-226 to the
public health and safety or the common defense and security; and
new text end

new text begin (ii) is extracted or converted after extraction for use in a commercial, medical, or research
activity.
new text end

Sec. 4.

Minnesota Statutes 2020, section 144.1201, subdivision 4, is amended to read:

Subd. 4.

Radioactive material.

"Radioactive material" means a matter that emits
radiation. Radioactive material includes special nuclear material, source nuclear material,
and deleted text begin by-product nucleardeleted text end new text begin byproductnew text end material.

Sec. 5.

Minnesota Statutes 2020, section 144.1503, is amended to read:

144.1503 HOME AND COMMUNITY-BASED SERVICES EMPLOYEE
SCHOLARSHIP new text begin AND LOAN FORGIVENESS new text end PROGRAM.

Subdivision 1.

Creation.

The home and community-based services employee scholarship
grant new text begin and loan forgiveness new text end program is established for the deleted text begin purposedeleted text end new text begin purposesnew text end of assisting
qualified provider applicants to fund employee scholarships for education in nursing and
other health care fieldsnew text begin ; funding scholarships to individual home and community-based
services workers for education in nursing and other health care fields; and repaying qualified
educational loans secured by employees for education in nursing or other health care fieldsnew text end .

new text begin Subd. 1a. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "qualified educational loan" means
a government, commercial, or foundation loan secured by an employee of a qualified provider
of home and community-based services for older adults for actual costs paid for tuition,
reasonable education expenses, and reasonable living expenses related to the employee's
graduate or undergraduate education.
new text end

Subd. 2.

Provision of grantsnew text begin ; scholarships; loan forgivenessnew text end .

new text begin (a) new text end The commissioner
shall make grants available to qualified providers of deleted text begin older adultdeleted text end new text begin home and community-basednew text end
servicesnew text begin for older adultsnew text end . Grants must be used by home and community-based service
providers to recruit and train staff through the establishment of an employee scholarship
fund.

new text begin (b) The commissioner may provide scholarships for qualified educational expenses to
individual home and community-based services workers who are employed in the home
and community-based services field.
new text end

new text begin (c) The commissioner may use up to one-third of the annual funding available for this
section to establish a loan forgiveness program for eligible home and community-based
services workers who provide home and community-based services to older adults and for
whom an eligible provider employer submits their names to the commissioner for
consideration. To the extent possible, the loan forgiveness program must meet the standards
of the loan forgiveness program in section 144.1501.
new text end

Subd. 3.

Eligibility.

(a) Eligible providers must primarily provide services to individuals
who are 65 years of age and older in home and community-based settings, including deleted text begin housing
with services establishments as defined in section 144D.01, subdivision 4deleted text end new text begin assisted living
facilities as defined in section 144G.08, subdivision 7new text end ; adult day care as defined in section
245A.02, subdivision 2a; and home care services as defined in section 144A.43, subdivision
3.

(b) new text begin Under the scholarship program, new text end qualifying providers must establish a home and
community-based services employee scholarship program, as specified in subdivision 4.
Providers that receive funding under this section must use the funds to new text begin provide educational
programs or new text end award scholarships to employees whonew text begin : (1) are enrolled in a course of study
that leads to career advancement with the provider or in the field of long-term care, including
home care, care of persons with disabilities, nursing, or as a licensed assisted living director;
and (2)new text end work an average of at least deleted text begin 16deleted text end new text begin tennew text end hours per week for the provider.new text begin Employees who
receive a scholarship under this section must use the scholarship funds for eligible costs of
enrolling in a course of study that leads to career advancement in the facility or in the field
of long-term care, including home care, care of persons with disabilities, nursing, or as a
licensed assisted living director.
new text end

new text begin (c) Under the loan forgiveness program, qualifying providers that provide employee
names to the commissioner for consideration must be located in Minnesota. If necessary
due to the volume of applications for loan forgiveness, the commissioner, in collaboration
with home and community-based services stakeholders, shall determine priority areas for
loan forgiveness. Employees eligible for loan forgiveness include employees working as a
licensed assisted living director. Employees selected to receive loan forgiveness must agree
to work a minimum average of 32 hours per week for a minimum of two years for a
qualifying provider organization in order to maintain eligibility for loan forgiveness under
this section.
new text end

Subd. 4.

deleted text begin Home and community-based services employee scholarship programdeleted text end new text begin Duties
of participating qualifying providersnew text end .

new text begin (a) new text end Each qualifying provider under this section must
propose a home and community-based services employee scholarship programnew text begin , propose to
provide contracted programming from a qualified educational institution, or submit employee
names for consideration for participation in the loan forgiveness programnew text end .

new text begin (b) For the scholarship program,new text end providers must establish criteria by which funds are to
be distributed among employees. At a minimum, the scholarship program must cover
employee costs related to a course of study that is expected to lead to career advancement
with the provider or in the field of long-term care, including home care, care of persons
with disabilities, deleted text begin ordeleted text end nursingnew text begin , or as a licensed assisted living directornew text end .

Subd. 5.

deleted text begin Participating providersdeleted text end new text begin Request for proposalsnew text end .

The commissioner shall
publish a request for proposals in the State Register, specifying new text begin qualifying new text end provider eligibility
requirements, criteria for a qualifying employee scholarship program, provider selection
criteria, documentation required for program participation, maximum award amount, and
methods of evaluation. The commissioner must publish additional requests for proposals
each year in which funding is available for this purpose.

Subd. 6.

Application requirements.

new text begin (a) new text end Eligible providers seeking a grant new text begin to provide
scholarships and educational programming and eligible employees seeking a scholarship
new text end shall submit an application to the commissioner. Applications new text begin from eligible providers new text end must
contain a complete description of the employee scholarship program being proposed by the
applicant, including the need for the organization to enhance the education of its workforce,
the process for determining which employees will be eligible for scholarships, any other
sources of funding for scholarships, the expected degrees or credentials eligible for
scholarships, the amount of funding sought for the scholarship program, a proposed budget
detailing how funds will be spent, and plans for retaining eligible employees after completion
of their scholarship.

new text begin (b) Eligible providers seeking loan forgiveness for employees shall submit to the
commissioner the names of their employees to be considered for loan forgiveness. An
employee whose name has been submitted to the commissioner and who wishes to apply
for loan forgiveness must submit an application to the commissioner. The employee is
responsible for securing the employee's qualified educational loans. The commissioner shall
select employees for participation based on their suitability for practice as indicated by
experience or training. The commissioner shall give preference to employees close to
completing their training. For each year that an employee meets the service obligation
required under subdivision 3, up to a maximum of four years, the commissioner shall make
annual disbursements directly to the employee equivalent to 15 percent of the average
educational debt for indebted graduates in their profession in the year closest to the
employee's selection for which information is available, not to exceed the balance of the
employee's qualified educational loans. Before receiving loan repayment disbursements
and as requested, the employee must complete and return to the commissioner a confirmation
of practice form provided by the commissioner verifying that the employee is practicing as
required under subdivision 3. The employee must provide the commissioner with verification
that the full amount of loan repayment disbursement received by the employee has been
applied toward the designated loans. After each disbursement, verification must be received
by the commissioner and approved before the next loan repayment disbursement is made.
Employees who move to a different eligible provider remain eligible for loan repayment as
long as they practice as required in subdivision 3. If an employee does not fulfill the required
minimum service commitment according to subdivision 3, the commissioner shall collect
from the employee the total amount paid to the employee under the loan forgiveness program,
plus interest at a rate established according to section 270C.40. The commissioner shall
deposit the money collected in an account in the special revenue fund and money in that
account is annually appropriated to the commissioner for purposes of this section. The
commissioner may allow waivers of all or part of the money owed to the commissioner as
a result of a nonfulfillment penalty if emergency circumstances prevented fulfillment of the
minimum service commitment.
new text end

Subd. 7.

Selection process.

The commissioner shall determine a maximum award for
grants new text begin and loan forgiveness, new text end and new text begin shall new text end make deleted text begin grantdeleted text end selections based on the information
provided in the grant application, including the demonstrated need for an applicant provider
to enhance the education of its workforce, the proposed employee scholarship new text begin or loan
forgiveness new text end selection process, the applicant's proposed budget, and other criteria as
determined by the commissioner. Notwithstanding any law or rule to the contrary, deleted text begin funds
awarded to grantees in a grant agreement do not lapse until the grant agreement expiresdeleted text end new text begin
amounts appropriated for purposes of this section do not cancel and are available until
expended, except that at the end of each biennium, any remaining amount that is not
committed by contract and not needed to fulfill existing commitments shall cancel to the
general fundnew text end .

Subd. 8.

Reporting requirements.

new text begin (a) new text end Participating providers new text begin who receive a grant for
employee scholarships new text end shall submit an invoice for reimbursement and a report to the
commissioner on a schedule determined by the commissioner and on a form supplied by
the commissioner. The report shall include the amount spent on scholarships; the number
of employees who received scholarships; and, for each scholarship recipient, the name of
the recipient, the current position of the recipient, the amount awarded, the educational
institution attended, the nature of the educational program, and the expected or actual
program completion date. During the grant period, the commissioner may require and collect
from grant recipients other information necessary to evaluate the program.

new text begin (b) Employees who receive scholarships from the commissioner shall report information
to the commissioner on a schedule determined by the commissioner and on a form supplied
by the commissioner.
new text end

new text begin (c) Participating providers whose employees receive loan forgiveness shall submit a
report to the commissioner on a schedule determined by the commissioner and on a form
supplied by the commissioner. The report must include the number of employees receiving
loan forgiveness, and for each employee receiving loan forgiveness, the employee's name,
current position, and average number of hours worked per week. During the loan forgiveness
period, the commissioner may require and collect from participating providers and employees
receiving loan forgiveness other information necessary to evaluate the program and ensure
ongoing eligibility.
new text end

Sec. 6.

Minnesota Statutes 2020, section 144.1911, subdivision 4, is amended to read:

Subd. 4.

Career guidance and support services.

deleted text begin (a)deleted text end The commissioner shall award
grants to eligible nonprofit organizations new text begin and eligible postsecondary educational institutions,
including the University of Minnesota, new text end to provide career guidance and support services to
immigrant international medical graduates seeking to enter the Minnesota health workforce.
Eligible grant activities include the following:

(1) educational and career navigation, including information on training and licensing
requirements for physician and nonphysician health care professions, and guidance in
determining which pathway is best suited for an individual international medical graduate
based on the graduate's skills, experience, resources, and interests;

(2) support in becoming proficient in medical English;

(3) support in becoming proficient in the use of information technology, including
computer skills and use of electronic health record technology;

(4) support for increasing knowledge of and familiarity with the United States health
care system;

(5) support for other foundational skills identified by the commissioner;

(6) support for immigrant international medical graduates in becoming certified by the
Educational Commission on Foreign Medical Graduates, including help with preparation
for required licensing examinations and financial assistance for fees; and

(7) assistance to international medical graduates in registering with the program's
Minnesota international medical graduate roster.

deleted text begin (b) The commissioner shall award the initial grants under this subdivision by December
31, 2015.
deleted text end

Sec. 7.

Minnesota Statutes 2020, section 144.292, subdivision 6, is amended to read:

Subd. 6.

Cost.

(a) When a patient requests a copy of the patient's record for purposes of
reviewing current medical care, the provider must not charge a fee.

(b) When a provider or its representative makes copies of patient records upon a patient's
request under this section, the provider or its representative may charge the patient or the
patient's representative no more than 75 cents per page, plus $10 for time spent retrieving
and copying the records, unless other law or a rule or contract provide for a lower maximum
charge. This limitation does not apply to x-rays. The provider may charge a patient no more
than the actual cost of reproducing x-rays, plus no more than $10 for the time spent retrieving
and copying the x-rays.

(c) The respective maximum charges of 75 cents per page and $10 for time provided in
this subdivision are in effect for calendar year 1992 and may be adjusted annually each
calendar year as provided in this subdivision. The permissible maximum charges shall
change each year by an amount that reflects the change, as compared to the previous year,
in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U),
published by the Department of Labor.

(d) A provider or its representative may charge the $10 retrieval fee, but must not charge
a per page fee to provide copies of records requested by a patient or the patient's authorized
representative if the request for copies of records is for purposes of appealing a denial of
Social Security disability income or Social Security disability benefits under title II or title
XVI of the Social Security Act; except that no fee shall be charged to a deleted text begin persondeleted text end new text begin patientnew text end who
is receiving public assistance, new text begin or to a patient new text end who is represented by an attorney on behalf
of a civil legal services program or a volunteer attorney program based on indigency. For
the purpose of further appeals, a patient may receive no more than two medical record
updates without charge, but only for medical record information previously not provided.
For purposes of this paragraph, a patient's authorized representative does not include units
of state government engaged in the adjudication of Social Security disability claims.

Sec. 8.

Minnesota Statutes 2020, section 144.497, is amended to read:

144.497 ST ELEVATION MYOCARDIAL INFARCTION.

The commissioner of health shall assess and report on the quality of care provided in
the state for ST elevation myocardial infarction response and treatment. The commissioner
shall:

(1) utilize and analyze data provided by ST elevation myocardial infarction receiving
centers to the ACTION Registry-Get with the guidelines or an equivalent data platform that
does not identify individuals or associate specific ST elevation myocardial infarction heart
attack events with an identifiable individual;

(2) deleted text begin quarterlydeleted text end new text begin annuallynew text end post a summary report of the data in aggregate form on the
Department of Health website;new text begin and
new text end

deleted text begin (3) annually inform the legislative committees with jurisdiction over public health of
progress toward improving the quality of care and patient outcomes for ST elevation
myocardial infarctions; and
deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end coordinate to the extent possible with national voluntary health organizations
involved in ST elevation myocardial infarction heart attack quality improvement to encourage
ST elevation myocardial infarction receiving centers to report data consistent with nationally
recognized guidelines on the treatment of individuals with confirmed ST elevation myocardial
infarction heart attacks within the state and encourage sharing of information among health
care providers on ways to improve the quality of care of ST elevation myocardial infarction
patients in Minnesota.

Sec. 9.

Minnesota Statutes 2021 Supplement, section 144.551, subdivision 1, is amended
to read:

Subdivision 1.

Restricted construction or modification.

(a) The following construction
or modification may not be commenced:

(1) any erection, building, alteration, reconstruction, modernization, improvement,
extension, lease, or other acquisition by or on behalf of a hospital that increases the bed
capacity of a hospital, relocates hospital beds from one physical facility, complex, or site
to another, or otherwise results in an increase or redistribution of hospital beds within the
state; and

(2) the establishment of a new hospital.

(b) This section does not apply to:

(1) construction or relocation within a county by a hospital, clinic, or other health care
facility that is a national referral center engaged in substantial programs of patient care,
medical research, and medical education meeting state and national needs that receives more
than 40 percent of its patients from outside the state of Minnesota;

(2) a project for construction or modification for which a health care facility held an
approved certificate of need on May 1, 1984, regardless of the date of expiration of the
certificate;

(3) a project for which a certificate of need was denied before July 1, 1990, if a timely
appeal results in an order reversing the denial;

(4) a project exempted from certificate of need requirements by Laws 1981, chapter 200,
section 2;

(5) a project involving consolidation of pediatric specialty hospital services within the
Minneapolis-St. Paul metropolitan area that would not result in a net increase in the number
of pediatric specialty hospital beds among the hospitals being consolidated;

(6) a project involving the temporary relocation of pediatric-orthopedic hospital beds to
an existing licensed hospital that will allow for the reconstruction of a new philanthropic,
pediatric-orthopedic hospital on an existing site and that will not result in a net increase in
the number of hospital beds. Upon completion of the reconstruction, the licenses of both
hospitals must be reinstated at the capacity that existed on each site before the relocation;

(7) the relocation or redistribution of hospital beds within a hospital building or
identifiable complex of buildings provided the relocation or redistribution does not result
in: (i) an increase in the overall bed capacity at that site; (ii) relocation of hospital beds from
one physical site or complex to another; or (iii) redistribution of hospital beds within the
state or a region of the state;

(8) relocation or redistribution of hospital beds within a hospital corporate system that
involves the transfer of beds from a closed facility site or complex to an existing site or
complex provided that: (i) no more than 50 percent of the capacity of the closed facility is
transferred; (ii) the capacity of the site or complex to which the beds are transferred does
not increase by more than 50 percent; (iii) the beds are not transferred outside of a federal
health systems agency boundary in place on July 1, 1983; (iv) the relocation or redistribution
does not involve the construction of a new hospital building; and (v) the transferred beds
are used first to replace within the hospital corporate system the total number of beds
previously used in the closed facility site or complex for mental health services and substance
use disorder services. Only after the hospital corporate system has fulfilled the requirements
of this item may the remainder of the available capacity of the closed facility site or complex
be transferred for any other purpose;

(9) a construction project involving up to 35 new beds in a psychiatric hospital in Rice
County that primarily serves adolescents and that receives more than 70 percent of its
patients from outside the state of Minnesota;

(10) a project to replace a hospital or hospitals with a combined licensed capacity of
130 beds or less if: (i) the new hospital site is located within five miles of the current site;
and (ii) the total licensed capacity of the replacement hospital, either at the time of
construction of the initial building or as the result of future expansion, will not exceed 70
licensed hospital beds, or the combined licensed capacity of the hospitals, whichever is less;

(11) the relocation of licensed hospital beds from an existing state facility operated by
the commissioner of human services to a new or existing facility, building, or complex
operated by the commissioner of human services; from one regional treatment center site
to another; or from one building or site to a new or existing building or site on the same
campus;

(12) the construction or relocation of hospital beds operated by a hospital having a
statutory obligation to provide hospital and medical services for the indigent that does not
result in a net increase in the number of hospital beds, notwithstanding section 144.552, 27
beds, of which 12 serve mental health needs, may be transferred from Hennepin County
Medical Center to Regions Hospital under this clause;

(13) a construction project involving the addition of up to 31 new beds in an existing
nonfederal hospital in Beltrami County;

(14) a construction project involving the addition of up to eight new beds in an existing
nonfederal hospital in Otter Tail County with 100 licensed acute care beds;

(15) a construction project involving the addition of 20 new hospital beds in an existing
hospital in Carver County serving the southwest suburban metropolitan area;

(16) a project for the construction or relocation of up to 20 hospital beds for the operation
of up to two psychiatric facilities or units for children provided that the operation of the
facilities or units have received the approval of the commissioner of human services;

(17) a project involving the addition of 14 new hospital beds to be used for rehabilitation
services in an existing hospital in Itasca County;

(18) a project to add 20 licensed beds in existing space at a hospital in Hennepin County
that closed 20 rehabilitation beds in 2002, provided that the beds are used only for
rehabilitation in the hospital's current rehabilitation building. If the beds are used for another
purpose or moved to another location, the hospital's licensed capacity is reduced by 20 beds;

(19) a critical access hospital established under section 144.1483, clause (9), and section
1820 of the federal Social Security Act, United States Code, title 42, section 1395i-4, that
delicensed beds since enactment of the Balanced Budget Act of 1997, Public Law 105-33,
to the extent that the critical access hospital does not seek to exceed the maximum number
of beds permitted such hospital under federal law;

(20) notwithstanding section 144.552, a project for the construction of a new hospital
in the city of Maple Grove with a licensed capacity of up to 300 beds provided that:

(i) the project, including each hospital or health system that will own or control the entity
that will hold the new hospital license, is approved by a resolution of the Maple Grove City
Council as of March 1, 2006;

(ii) the entity that will hold the new hospital license will be owned or controlled by one
or more not-for-profit hospitals or health systems that have previously submitted a plan or
plans for a project in Maple Grove as required under section 144.552, and the plan or plans
have been found to be in the public interest by the commissioner of health as of April 1,
2005;

(iii) the new hospital's initial inpatient services must include, but are not limited to,
medical and surgical services, obstetrical and gynecological services, intensive care services,
orthopedic services, pediatric services, noninvasive cardiac diagnostics, behavioral health
services, and emergency room services;

(iv) the new hospital:

(A) will have the ability to provide and staff sufficient new beds to meet the growing
needs of the Maple Grove service area and the surrounding communities currently being
served by the hospital or health system that will own or control the entity that will hold the
new hospital license;

(B) will provide uncompensated care;

(C) will provide mental health services, including inpatient beds;

(D) will be a site for workforce development for a broad spectrum of health-care-related
occupations and have a commitment to providing clinical training programs for physicians
and other health care providers;

(E) will demonstrate a commitment to quality care and patient safety;

(F) will have an electronic medical records system, including physician order entry;

(G) will provide a broad range of senior services;

(H) will provide emergency medical services that will coordinate care with regional
providers of trauma services and licensed emergency ambulance services in order to enhance
the continuity of care for emergency medical patients; and

(I) will be completed by December 31, 2009, unless delayed by circumstances beyond
the control of the entity holding the new hospital license; and

(v) as of 30 days following submission of a written plan, the commissioner of health
has not determined that the hospitals or health systems that will own or control the entity
that will hold the new hospital license are unable to meet the criteria of this clause;

(21) a project approved under section 144.553;

(22) a project for the construction of a hospital with up to 25 beds in Cass County within
a 20-mile radius of the state Ah-Gwah-Ching facility, provided the hospital's license holder
is approved by the Cass County Board;

(23) a project for an acute care hospital in Fergus Falls that will increase the bed capacity
from 108 to 110 beds by increasing the rehabilitation bed capacity from 14 to 16 and closing
a separately licensed 13-bed skilled nursing facility;

(24) notwithstanding section 144.552, a project for the construction and expansion of a
specialty psychiatric hospital in Hennepin County for up to 50 beds, exclusively for patients
who are under 21 years of age on the date of admission. The commissioner conducted a
public interest review of the mental health needs of Minnesota and the Twin Cities
metropolitan area in 2008. No further public interest review shall be conducted for the
construction or expansion project under this clause;

(25) a project for a 16-bed psychiatric hospital in the city of Thief River Falls, if the
commissioner finds the project is in the public interest after the public interest review
conducted under section 144.552 is complete;

(26)(i) a project for a 20-bed psychiatric hospital, within an existing facility in the city
of Maple Grove, exclusively for patients who are under 21 years of age on the date of
admission, if the commissioner finds the project is in the public interest after the public
interest review conducted under section 144.552 is complete;

(ii) this project shall serve patients in the continuing care benefit program under section
256.9693. The project may also serve patients not in the continuing care benefit program;
and

(iii) if the project ceases to participate in the continuing care benefit program, the
commissioner must complete a subsequent public interest review under section 144.552. If
the project is found not to be in the public interest, the license must be terminated six months
from the date of that finding. If the commissioner of human services terminates the contract
without cause or reduces per diem payment rates for patients under the continuing care
benefit program below the rates in effect for services provided on December 31, 2015, the
project may cease to participate in the continuing care benefit program and continue to
operate without a subsequent public interest review;

(27) a project involving the addition of 21 new beds in an existing psychiatric hospital
in Hennepin County that is exclusively for patients who are under 21 years of age on the
date of admission;

(28) a project to add 55 licensed beds in an existing safety net, level I trauma center
hospital in Ramsey County as designated under section 383A.91, subdivision 5, of which
15 beds are to be used for inpatient mental health and 40 are to be used for other services.
In addition, five unlicensed observation mental health beds shall be added;

(29) upon submission of a plan to the commissioner for public interest review under
section 144.552 and the addition of the 15 inpatient mental health beds specified in clause
(28), to its bed capacity, a project to add 45 licensed beds in an existing safety net, level I
trauma center hospital in Ramsey County as designated under section 383A.91, subdivision
5. Five of the 45 additional beds authorized under this clause must be designated for use
for inpatient mental health and must be added to the hospital's bed capacity before the
remaining 40 beds are added. Notwithstanding section 144.552, the hospital may add licensed
beds under this clause prior to completion of the public interest review, provided the hospital
submits its plan by the 2021 deadline and adheres to the timelines for the public interest
review described in section 144.552; deleted text begin or
deleted text end

(30) upon submission of a plan to the commissioner for public interest review under
section 144.552, a project to add up to 30 licensed beds in an existing psychiatric hospital
in Hennepin County that exclusively provides care to patients who are under 21 years of
age on the date of admission. Notwithstanding section 144.552, the psychiatric hospital
may add licensed beds under this clause prior to completion of the public interest review,
provided the hospital submits its plan by the 2021 deadline and adheres to the timelines for
the public interest review described in section 144.552deleted text begin .deleted text end new text begin ;
new text end

new text begin (31) any project to add licensed beds in a hospital located in Cook County or Mahnomen
County that: (i) is designated as a critical access hospital under section 144.1483, clause
(9), and United States Code, title 42, section 1395i-4; (ii) has a licensed bed capacity of
fewer than 25 beds; and (iii) has an attached nursing home, so long as the total number of
licensed beds in the hospital after the bed addition does not exceed 25 beds. Notwithstanding
section 144.552, a public interest review is not required for a project authorized under this
clause; or
new text end

new text begin (32) upon submission of a plan to the commissioner for public interest review under
section 144.552, a project to add 22 licensed beds at a Minnesota freestanding children's
hospital in St. Paul that is part of an independent pediatric health system with freestanding
inpatient hospitals located in Minneapolis and St. Paul. The beds shall be utilized for pediatric
inpatient behavioral health services. Notwithstanding section 144.552, the hospital may add
licensed beds under this clause prior to completion of the public interest review, provided
the hospital submits its plan by the 2022 deadline and adheres to the timelines for the public
interest review described in section 144.552.
new text end

Sec. 10.

Minnesota Statutes 2020, section 144.565, subdivision 4, is amended to read:

Subd. 4.

Definitions.

(a) For purposes of this section, the following terms have the
meanings givendeleted text begin :deleted text end new text begin .
new text end

(b) "Diagnostic imaging facility" means a health care facility that is not a hospital or
location licensed as a hospital which offers diagnostic imaging services in Minnesota,
regardless of whether the equipment used to provide the service is owned or leased. For the
purposes of this section, diagnostic imaging facility includes, but is not limited to, facilities
such as a physician's office, clinic, mobile transport vehicle, outpatient imaging center, or
surgical center.new text begin A dental clinic or office is not considered a diagnostic imaging facility for
the purpose of this section when the clinic or office performs diagnostic imaging through
dental cone beam computerized tomography.
new text end

(c) "Diagnostic imaging service" means the use of ionizing radiation or other imaging
technique on a human patient includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end magnetic resonance imaging
(MRI) or computerized tomography (CT)new text begin other than dental cone beam computerized
tomographynew text end , positron emission tomography (PET), or single photon emission computerized
tomography (SPECT) scans using fixed, portable, or mobile equipment.

(d) "Financial or economic interest" means a direct or indirect:

(1) equity or debt security issued by an entity, including, but not limited to, shares of
stock in a corporation, membership in a limited liability company, beneficial interest in a
trust, units or other interests in a partnership, bonds, debentures, notes or other equity
interests or debt instruments, or any contractual arrangements;

(2) membership, proprietary interest, or co-ownership with an individual, group, or
organization to which patients, clients, or customers are referred to; or

(3) employer-employee or independent contractor relationship, including, but not limited
to, those that may occur in a limited partnership, profit-sharing arrangement, or other similar
arrangement with any facility to which patients are referred, including any compensation
between a facility and a health care provider, the group practice of which the provider is a
member or employee or a related party with respect to any of them.

(e) "Fixed equipment" means a stationary diagnostic imaging machine installed in a
permanent location.

(f) "Mobile equipment" means a diagnostic imaging machine in a self-contained transport
vehicle designed to be brought to a temporary deleted text begin offsitedeleted text end new text begin off-sitenew text end location to perform diagnostic
imaging services.

(g) "Portable equipment" means a diagnostic imaging machine designed to be temporarily
transported within a permanent location to perform diagnostic imaging services.

(h) "Provider of diagnostic imaging services" means a diagnostic imaging facility or an
entity that offers and bills for diagnostic imaging services at a facility owned or leased by
the entity.

Sec. 11.

Minnesota Statutes 2020, section 144.6502, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Commissioner" means the commissioner of health.

(c) "Department" means the Department of Health.

(d) "Electronic monitoring" means the placement and use of an electronic monitoring
device deleted text begin by a residentdeleted text end in the resident's room or private living unit in accordance with this
section.

(e) "Electronic monitoring device" means a camera or other device that captures, records,
or broadcasts audio, video, or both, that is placed in a resident's room or private living unit
and is used to monitor the resident or activities in the room or private living unit.

(f) "Facility" means a facility that is:

(1) licensed as a nursing home under chapter 144A;

(2) licensed as a boarding care home under sections 144.50 to 144.56;

(3) until August 1, 2021, a housing with services establishment registered under chapter
144D that is either subject to chapter 144G or has a disclosed special unit under section
325F.72; or

(4) on or after August 1, 2021, an assisted living facility.

(g) "Resident" means a person 18 years of age or older residing in a facility.

(h) "Resident representative" means one of the following in the order of priority listed,
to the extent the person may reasonably be identified and located:

(1) a court-appointed guardian;

(2) a health care agent as defined in section 145C.01, subdivision 2; or

(3) a person who is not an agent of a facility or of a home care provider designated in
writing by the resident and maintained in the resident's records on file with the facility.

Sec. 12.

Minnesota Statutes 2020, section 144A.01, is amended to read:

144A.01 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 144A.01 to 144A.27, the terms
defined in this section have the meanings given them.

Subd. 2.

Commissioner of health.

"Commissioner of health" means the state
commissioner of health established by section 144.011.

Subd. 3.

Board of Executivesnew text begin for Long Term Services and Supportsnew text end .

"Board of
Executivesnew text begin for Long Term Services and Supportsnew text end " means the Board of Executives for Long
Term Services and Supports established by section 144A.19.

Subd. 3a.

Certified.

"Certified" means certified for participation as a provider in the
Medicare or Medicaid programs under title XVIII or XIX of the Social Security Act.

Subd. 4.

Controlling person.

(a) "Controlling person" means deleted text begin any public body,
governmental agency, business entity,deleted text end new text begin an owner and the following individuals and entities,
if applicable:
new text end

new text begin (1) eachnew text end officernew text begin of the organizationnew text end , new text begin including the chief executive officer and the chief
financial officer;
new text end

new text begin (2) the new text end nursing home administratordeleted text begin , or director whose responsibilities include the direction
of the management or policies of a nursing homedeleted text end new text begin ; and
new text end

new text begin (3) any managerial officialnew text end .

new text begin (b) new text end "Controlling person" also means any new text begin entity or natural new text end person whodeleted text begin , directly or
indirectly, beneficially owns anydeleted text end new text begin has any direct or indirect ownershipnew text end interest in:

(1) any corporation, partnership or other business association which is a controlling
person;

(2) the land on which a nursing home is located;

(3) the structure in which a nursing home is located;

(4) any new text begin entity with at least a five percent new text end mortgage, contract for deed, new text begin deed of trust, new text end or
other deleted text begin obligation secured in whole or part bydeleted text end new text begin security interest innew text end the land or structure
comprising a nursing home; or

(5) any lease or sublease of the land, structure, or facilities comprising a nursing home.

deleted text begin (b)deleted text end new text begin (c)new text end "Controlling person" does not include:

(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
directly or through a subsidiary operates a nursing home;

new text begin (2) government and government-sponsored entities such as the United States Department
of Housing and Urban Development, Ginnie Mae, Fannie Mae, Freddie Mac, and the
Minnesota Housing Finance Agency which provide loans, financing, and insurance products
for housing sites;
new text end

deleted text begin (2)deleted text end new text begin (3)new text end an individual new text begin who is a new text end state new text begin or federal new text end official deleted text begin ordeleted text end new text begin , anew text end state new text begin or federal new text end employee, or
a member or employee of the governing body of a political subdivision of the state deleted text begin whichdeleted text end new text begin
or federal government thatnew text end operates one or more nursing homes, unless the individual is
also an officer deleted text begin or director of adeleted text end new text begin , owner, or managerial official of thenew text end nursing home, receives
any remuneration from a nursing home, or deleted text begin owns any of the beneficial interestsdeleted text end new text begin who is a
controlling personnew text end not new text begin otherwise new text end excluded in this subdivision;

deleted text begin (3)deleted text end new text begin (4)new text end a natural person who is a member of a tax-exempt organization under section
290.05, subdivision 2, unless the individual is also deleted text begin an officer or director of a nursing home,
or owns any of the beneficial interestsdeleted text end new text begin a controlling personnew text end not new text begin otherwise new text end excluded in this
subdivision; and

deleted text begin (4)deleted text end new text begin (5)new text end a natural person who owns less than five percent of the outstanding common
shares of a corporation:

(i) whose securities are exempt by virtue of section 80A.45, clause (6); or

(ii) whose transactions are exempt by virtue of section 80A.46, clause (7).

Subd. 4a.

Emergency.

"Emergency" means a situation or physical condition that creates
or probably will create an immediate and serious threat to a resident's health or safety.

Subd. 5.

Nursing home.

"Nursing home" means a facility or that part of a facility which
provides nursing care to five or more persons. "Nursing home" does not include a facility
or that part of a facility which is a hospital, a hospital with approved swing beds as defined
in section 144.562, clinic, doctor's office, diagnostic or treatment center, or a residential
program licensed pursuant to sections 245A.01 to 245A.16 or 252.28.

Subd. 6.

Nursing care.

"Nursing care" means health evaluation and treatment of patients
and residents who are not in need of an acute care facility but who require nursing supervision
on an inpatient basis. The commissioner of health may by rule establish levels of nursing
care.

Subd. 7.

Uncorrected violation.

"Uncorrected violation" means a violation of a statute
or rule or any other deficiency for which a notice of noncompliance has been issued and
fine assessed and allowed to be recovered pursuant to section 144A.10, subdivision 8.

Subd. 8.

Managerial deleted text begin employeedeleted text end new text begin officialnew text end .

"Managerial deleted text begin employeedeleted text end new text begin officialnew text end " means an
deleted text begin employee of adeleted text end new text begin individual who has the decision-making authority related to the operation of
thenew text end nursing home deleted text begin whose duties includedeleted text end new text begin and the responsibility for either: (1) the ongoing
management of the nursing home; or (2)new text end the direction of deleted text begin some or all of the management ordeleted text end
policiesnew text begin , services, or employeesnew text end of the nursing home.

Subd. 9.

Nursing home administrator.

"Nursing home administrator" means a person
who administers, manages, supervises, or is in general administrative charge of a nursing
home, whether or not the individual has an ownership interest in the home, and whether or
not the person's functions and duties are shared with one or more individuals, and who is
licensed pursuant to section 144A.21.

Subd. 10.

Repeated violation.

"Repeated violation" means the issuance of two or more
correction orders, within a 12-month period, for a violation of the same provision of a statute
or rule.

new text begin Subd. 11. new text end

new text begin Change of ownership. new text end

new text begin "Change of ownership" means a change in the licensee.
new text end

new text begin Subd. 12. new text end

new text begin Direct ownership interest. new text end

new text begin "Direct ownership interest" means an individual
or legal entity 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 end

new text begin Subd. 13. new text end

new text begin Indirect ownership interest. new text end

new text begin "Indirect ownership interest" means an individual
or legal entity with a direct ownership interest in an entity that has a direct or indirect
ownership interest of at least five percent in an entity that is a licensee.
new text end

new text begin Subd. 14. new text end

new text begin Licensee. new text end

new text begin "Licensee" means a person or legal entity to whom the commissioner
issues a license for a nursing home and who is responsible for the management, control,
and operation of the nursing home.
new text end

new text begin Subd. 15. new text end

new text begin Management agreement. new text end

new text begin "Management agreement" means a written, executed
agreement between a licensee and manager regarding the provision of certain services on
behalf of the licensee.
new text end

new text begin Subd. 16. new text end

new text begin Manager. new text end

new text begin "Manager" means an individual or legal entity designated by the
licensee through a management agreement to act on behalf of the licensee in the on-site
management of the nursing home.
new text end

new text begin Subd. 17. new text end

new text begin Owner. new text end

new text begin "Owner" means: (1) an individual or legal entity that has a direct or
indirect ownership interest of five percent or more in a licensee; and (2) for purposes of this
chapter, owner of a nonprofit corporation means the president and treasurer of the board of
directors; and (3) for an entity owned by an employee stock ownership plan, owner means
the president and treasurer of the entity. A government entity that is issued a license under
this chapter shall be designated the owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 13.

Minnesota Statutes 2020, section 144A.03, subdivision 1, is amended to read:

Subdivision 1.

Form; requirements.

new text begin (a) new text end The commissioner of health by rule shall
establish forms and procedures for the processing of nursing home license applications.

new text begin (b) new text end An application for a nursing home license shall include deleted text begin the following informationdeleted text end :

(1) the deleted text begin namesdeleted text end new text begin business namenew text end and deleted text begin addresses of all controlling persons and managerial
employees of the facility to be licenseddeleted text end new text begin legal entity name of the licenseenew text end ;

(2) the new text begin street new text end addressnew text begin , mailing address,new text end and legal property description of the facility;

new text begin (3) the names, e-mail addresses, telephone numbers, and mailing addresses of all owners,
controlling persons, managerial officials, and the nursing home administrator;
new text end

new text begin (4) the name and e-mail address of the managing agent and manager, if applicable;
new text end

new text begin (5) the licensed bed capacity;
new text end

new text begin (6) the license fee in the amount specified in section 144.122;
new text end

new text begin (7) documentation of compliance with the background study requirements in section
144.057 for the owner, controlling persons, and managerial officials. Each application for
a new license must include documentation for the applicant and for each individual with
five percent or more direct or indirect ownership in the applicant;
new text end

deleted text begin (3)deleted text end new text begin (8)new text end a copy of the architectural and engineering plans and specifications of the facility
as prepared and certified by an architect or engineer registered to practice in this state; deleted text begin and
deleted text end

new text begin (9) a representative copy of the executed lease agreement between the landlord and the
licensee, if applicable;
new text end

new text begin (10) a representative copy of the management agreement, if applicable;
new text end

new text begin (11) a representative copy of the operations transfer agreement or similar agreement, if
applicable;
new text end

new text begin (12) an organizational chart that identifies all organizations and individuals with an
ownership interest in the licensee of five percent or greater and that specifies their relationship
with the licensee and with each other;
new text end

new text begin (13) whether the applicant, owner, controlling person, managerial official, or nursing
home administrator of the facility has ever been convicted of:
new text end

new text begin (i) a crime or found civilly liable for a federal or state felony-level offense that was
detrimental to the best interests of the facility and its residents within the last ten years
preceding submission of the license application. Offenses include: (A) felony crimes against
persons and other similar crimes for which the individual was convicted, including guilty
pleas and adjudicated pretrial diversions; (B) financial crimes such as extortion,
embezzlement, income tax evasion, insurance fraud, and other similar crimes for which the
individual was convicted, including guilty pleas and adjudicated pretrial diversions; (C)
any felonies involving malpractice that resulted in a conviction of criminal neglect or
misconduct; and (D) any felonies that would result in a mandatory exclusion under section
1128(a) of the Social Security Act;
new text end

new text begin (ii) any misdemeanor under federal or state law related to the delivery of an item or
service under Medicaid or a state health care program or the abuse or neglect of a patient
in connection with the delivery of a health care item or service;
new text end

new text begin (iii) any misdemeanor under federal or state law related to theft, fraud, embezzlement,
breach of fiduciary duty, or other financial misconduct in connection with the delivery of
a health care item or service;
new text end

new text begin (iv) any felony or misdemeanor under federal or state law relating to the interference
with or obstruction of any investigation into any criminal offense described in Code of
Federal Regulations, title 42, section 1001.101 or 1001.201; or
new text end

new text begin (v) any felony or misdemeanor under federal or state law relating to the unlawful
manufacture, distribution, prescription, or dispensing of a controlled substance;
new text end

new text begin (14) whether the applicant, owner, controlling person, managerial official, or nursing
home administrator of the facility has had:
new text end

new text begin (i) any revocation or suspension of a license to provide health care by any state licensing
authority. This includes the surrender of the license while a formal disciplinary proceeding
was pending before a state licensing authority;
new text end

new text begin (ii) any revocation or suspension of accreditation; or
new text end

new text begin (iii) any suspension or exclusion from participation in, or any sanction imposed by, a
federal or state health care program or any debarment from participation in any federal
executive branch procurement or nonprocurement program;
new text end

new text begin (15) whether in the preceding three years the applicant or any owner, controlling person,
managerial official, or nursing home administrator of the facility has a record of defaulting
in the payment of money collected for others, including the discharge of debts through
bankruptcy proceedings;
new text end

new text begin (16) the signature of the owner of the licensee or an authorized agent of the licensee;
new text end

new text begin (17) identification of all states where the applicant or individual having a five percent
or more ownership currently or previously has been licensed as an owner or operator of a
long-term care, community-based, or health care facility or agency where the applicant's or
individual's license or federal certification has been denied, suspended, restricted, conditioned,
refused, not renewed, or revoked under a private or state-controlled receivership or where
these same actions are pending under the laws of any state or federal authority; and
new text end

deleted text begin (4)deleted text end new text begin (18)new text end any other relevant information which the commissioner of health by rule or
otherwise may determine is necessary to properly evaluate an application for license.

new text begin (c) new text end A controlling person which is a corporation shall submit copies of its articles of
incorporation and bylaws and any amendments thereto as they occur, together with the
names and addresses of its officers and directors. A controlling person which is a foreign
corporation shall furnish the commissioner of health with a copy of its certificate of authority
to do business in this state. deleted text begin An application on behalf of a controlling person which is a
corporation, association or a governmental unit or instrumentality shall be signed by at least
two officers or managing agents of that entity.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 14.

Minnesota Statutes 2020, section 144A.04, subdivision 4, is amended to read:

Subd. 4.

Controlling person restrictions.

(a) The new text begin commissioner has discretion to bar
any new text end controlling persons of a nursing home deleted text begin may not include anydeleted text end new text begin if thenew text end person deleted text begin whodeleted text end was a
controlling person of deleted text begin anotherdeleted text end new text begin any othernew text end nursing home deleted text begin during any period of timedeleted text end new text begin , assisted
living facility, long-term care or health care facility, or agencynew text end in the previous two-year
periodnew text begin andnew text end :

(1) during deleted text begin whichdeleted text end new text begin that period ofnew text end time deleted text begin of control that other nursing homedeleted text end new text begin the facility or
agencynew text end incurred deleted text begin the following number of uncorrected or repeated violations:
deleted text end

deleted text begin (i)deleted text end two or more uncorrected violations or one or more repeated violations which created
an imminent risk to direct resident new text begin or client new text end care or safety; or

deleted text begin (ii) four or more uncorrected violations or two or more repeated violations of any nature
for which the fines are in the four highest daily fine categories prescribed in rule; or
deleted text end

(2) deleted text begin whodeleted text end new text begin during that period of time,new text end was convicted of a felony or gross misdemeanor that
deleted text begin relatesdeleted text end new text begin relatednew text end to operation of the deleted text begin nursing homedeleted text end new text begin facility or agencynew text end or directly deleted text begin affectsdeleted text end new text begin affectednew text end
resident safety or caredeleted text begin , during that perioddeleted text end .

(b) The provisions of this subdivision shall not apply to any controlling person who had
no legal authority to affect or change decisions related to the operation of the nursing home
which incurred the uncorrected violations.

new text begin (c) When the commissioner bars a controlling person under this subdivision, the
controlling person has the right to appeal under chapter 14.
new text end

Sec. 15.

Minnesota Statutes 2020, section 144A.04, subdivision 6, is amended to read:

Subd. 6.

Managerial deleted text begin employeedeleted text end new text begin officialnew text end or licensed administrator; employment
prohibitions.

A nursing home may not employ as a managerial deleted text begin employeedeleted text end new text begin officialnew text end or as its
licensed administrator any person who was a managerial deleted text begin employeedeleted text end new text begin officialnew text end or the licensed
administrator of another facility during any period of time in the previous two-year period:

(1) during which time of employment that other nursing home incurred the following
number of uncorrected violations which were in the jurisdiction and control of the managerial
deleted text begin employeedeleted text end new text begin officialnew text end or the administrator:

(i) two or more uncorrected violations deleted text begin or one or more repeated violations which created
an imminent risk to direct resident care or safetydeleted text end ; or

(ii) four or more uncorrected violations or two or more repeated violations of any nature
for which the fines are in the four highest daily fine categories prescribed in rule; or

(2) who was convicted of a felony or gross misdemeanor that relates to operation of the
nursing home or directly affects resident safety or care, during that period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 16.

Minnesota Statutes 2020, section 144A.06, is amended to read:

144A.06 TRANSFER OF deleted text begin INTERESTSdeleted text end new text begin LICENSE PROHIBITEDnew text end .

Subdivision 1.

deleted text begin Notice; expiration of licensedeleted text end new text begin Transfers prohibitednew text end .

deleted text begin Any controlling
person who makes any transfer of a beneficial interest in a nursing home shall notify the
commissioner of health of the transfer within 14 days of its occurrence. The notification
shall identify by name and address the transferor and transferee and shall specify the nature
and amount of the transferred interest. On determining that the transferred beneficial interest
exceeds ten percent of the total beneficial interest in the nursing home facility, the structure
in which the facility is located, or the land upon which the structure is located, the
commissioner may, and on determining that the transferred beneficial interest exceeds 50
percent of the total beneficial interest in the facility, the structure in which the facility is
located, or the land upon which the structure is located, the commissioner shall require that
the license of the nursing home expire 90 days after the date of transfer. The commissioner
of health shall notify the nursing home by certified mail of the expiration of the license at
least 60 days prior to the date of expiration. deleted text end new text begin A nursing home license may not be transferred.
new text end

Subd. 2.

deleted text begin Relicensuredeleted text end new text begin New license required; change of ownershipnew text end .

new text begin (a) new text end The
commissioner of health by rule shall prescribe procedures for deleted text begin relicensuredeleted text end new text begin licensurenew text end under
this section. deleted text begin The commissioner of health shall relicense a nursing home if the facility satisfies
the requirements for license renewal established by section 144A.05. A facility shall not be
relicensed by the commissioner if at the time of transfer there are any uncorrected violations.
The commissioner of health may temporarily waive correction of one or more violations if
the commissioner determines that:
deleted text end

deleted text begin (1) temporary noncorrection of the violation will not create an imminent risk of harm
to a nursing home resident; and
deleted text end

deleted text begin (2) a controlling person on behalf of all other controlling persons:
deleted text end

deleted text begin (i) has entered into a contract to obtain the materials or labor necessary to correct the
violation, but the supplier or other contractor has failed to perform the terms of the contract
and the inability of the nursing home to correct the violation is due solely to that failure; or
deleted text end

deleted text begin (ii) is otherwise making a diligent good faith effort to correct the violation.
deleted text end

new text begin (b) A new license is required and the prospective licensee must apply for a license prior
to operating a currently licensed nursing home. The licensee must change whenever one of
the following events occur:
new text end

new text begin (1) the form of the licensee's legal entity structure is converted or changed to a different
type of legal entity structure;
new text end

new text begin (2) the licensee dissolves, consolidates, or merges with another legal organization and
the licensee's legal organization does not survive;
new text end

new text begin (3) within the previous 24 months, 50 percent or more of the licensee's ownership interest
is transferred, whether by a single transaction or multiple transactions to:
new text end

new text begin (i) a different person; or
new text end

new text begin (ii) a person who had less than a five percent ownership interest in the facility at the
time of the first transaction; or
new text end

new text begin (4) any other event or combination of events that results in a substitution, elimination,
or withdrawal of the licensee's responsibility for the facility.
new text end

new text begin Subd. 3. new text end

new text begin Compliance. new text end

new text begin The commissioner must consult with the commissioner of human
services regarding the history of financial and cost reporting compliance of the prospective
licensee and prospective licensee's financial operations in any nursing home that the
prospective licensee or any controlling person listed in the license application has had an
interest in.
new text end

new text begin Subd. 4. new text end

new text begin Facility operation. new text end

new text begin The current licensee remains responsible for the operation
of the nursing home until the nursing home is licensed to the prospective licensee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 17.

new text begin [144A.32] CONSIDERATION OF APPLICATIONS.
new text end

new text begin (a) Before issuing a license or renewing an existing license, the commissioner shall
consider an applicant's compliance history in providing care in a facility that provides care
to children, the elderly, ill individuals, or individuals with disabilities.
new text end

new text begin (b) The applicant's compliance history shall include repeat violations, rule violations,
and any license or certification involuntarily suspended or terminated during an enforcement
process.
new text end

new text begin (c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license
or impose conditions if:
new text end

new text begin (1) the applicant fails to provide complete and accurate information on the application
and the commissioner concludes that the missing or corrected information is needed to
determine if a license is granted;
new text end

new text begin (2) the applicant, knowingly or with reason to know, made a false statement of a material
fact in an application for the license or any data attached to the application or in any matter
under investigation by the department;
new text end

new text begin (3) the applicant refused to allow agents of the commissioner to inspect the applicant's
books, records, files related to the license application, or any portion of the premises;
new text end

new text begin (4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
new text end

new text begin (i) the work of any authorized representative of the commissioner, the ombudsman for
long-term care, or the ombudsman for mental health and developmental disabilities; or
new text end

new text begin (ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult
protection, county case managers, or other local government personnel;
new text end

new text begin (5) the applicant has a history of noncompliance with federal or state regulations that
were detrimental to the health, welfare, or safety of a resident or a client; or
new text end

new text begin (6) the applicant violates any requirement in this chapter or chapter 256R.
new text end

new text begin (d) If a license is denied, the applicant has the reconsideration rights available under
chapter 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 18.

Minnesota Statutes 2020, section 144A.4799, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The commissioner of health shall appoint deleted text begin eightdeleted text end new text begin 13new text end persons
to a home care and assisted living program advisory council consisting of the following:

(1) deleted text begin threedeleted text end new text begin twonew text end public members as defined in section 214.02 who shall be persons who
are currently receiving home care services, persons who have received home care services
within five years of the application date, persons who have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;

(2) deleted text begin threedeleted text end new text begin twonew text end Minnesota home care licensees representing basic and comprehensive
levels of licensure who may be a managerial official, an administrator, a supervising
registered nurse, or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing;

(4) one member representing the Office of Ombudsman for Long-Term Care; deleted text begin and
deleted text end

new text begin (5) one member representing the Office of Ombudsman for Mental Health and
Developmental Disabilities;
new text end

deleted text begin (5)deleted text end new text begin (6)new text end beginning July 1, 2021, one member of a county health and human services or
county adult protection officedeleted text begin .deleted text end new text begin ;
new text end

new text begin (7) two Minnesota assisted living facility licensees representing assisted living facilities
and assisted living facilities with dementia care levels of licensure who may be the facility's
assisted living director, managerial official, or clinical nurse supervisor;
new text end

new text begin (8) one organization representing long-term care providers, home care providers, and
assisted living providers in Minnesota; and
new text end

new text begin (9) two public members as defined in section 214.02. One public member shall be a
person who either is or has been a resident in an assisted living facility and one public
member shall be a person who has or had a family member living in an assisted living
facility setting.
new text end

Sec. 19.

Minnesota Statutes 2020, section 144A.4799, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed new text begin assisted living and new text end home
care providers in this chapter, including advice on the following:

(1) community standards for home care practices;

(2) enforcement of licensing standards and whether certain disciplinary actions are
appropriate;

(3) ways of distributing information to licensees and consumers of home care and assisted
livingnew text begin services defined under chapter 144Gnew text end ;

(4) training standards;

(5) identifying emerging issues and opportunities in home care and assisted livingnew text begin services
defined under chapter 144Gnew text end ;

(6) identifying the use of technology in home and telehealth capabilities;

(7) allowable home care licensing modifications and exemptions, including a method
for an integrated license with an existing license for rural licensed nursing homes to provide
limited home care services in an adjacent independent living apartment building owned by
the licensed nursing home; and

(8) recommendations for studies using the data in section 62U.04, subdivision 4, including
but not limited to studies concerning costs related to dementia and chronic disease among
an elderly population over 60 and additional long-term care costs, as described in section
62U.10, subdivision 6.

(b) The advisory council shall perform other duties as directed by the commissioner.

(c) The advisory council shall annually make recommendations to the commissioner for
the purposes in section 144A.474, subdivision 11, paragraph (i). The recommendations shall
address ways the commissioner may improve protection of the public under existing statutes
and laws and include but are not limited to projects that create and administer training of
licensees and their employees to improve residents' lives, supporting ways that licensees
can improve and enhance quality care and ways to provide technical assistance to licensees
to improve compliance; information technology and data projects that analyze and
communicate information about trends of violations or lead to ways of improving client
care; communications strategies to licensees and the public; and other projects or pilots that
benefit clients, families, and the public.

Sec. 20.

Minnesota Statutes 2020, section 144A.75, subdivision 12, is amended to read:

Subd. 12.

Palliative care.

"Palliative care" means deleted text begin the total active care of patients whose
disease is not responsive to curative treatment. Control of pain, of other symptoms, and of
psychological, social, and spiritual problems is paramountdeleted text end new text begin specialized medical care for
individuals living with a serious illness or life-limiting conditionnew text end . new text begin This type of care is focused
on reducing the pain, symptoms, and stress of a serious illness or condition. Palliative care
is a team-based approach to care, providing essential support at any age or stage of a serious
illness or condition, and is often provided together with curative treatment. new text end The goal of
palliative care is deleted text begin the achievement of the best quality of life for patients and their familiesdeleted text end new text begin
to improve quality of life for both the patient and the patient's family or care partnernew text end .

Sec. 21.

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

new text begin Subd. 62a. new text end

new text begin Serious injury. new text end

new text begin "Serious injury" has the meaning given in section 245.91,
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 22.

Minnesota Statutes 2020, section 144G.15, is amended to read:

144G.15 CONSIDERATION OF APPLICATIONS.

(a) Before issuing a provisional license or license or renewing a license, the commissioner
shall consider an applicant's compliance history in providing care in new text begin this state or any other
state in new text end a facility that provides care to children, the elderly, ill individuals, or individuals
with disabilities.

(b) The applicant's compliance history shall include repeat violation, rule violations, and
any license or certification involuntarily suspended or terminated during an enforcement
process.

(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license
or impose conditions if:

(1) the applicant fails to provide complete and accurate information on the application
and the commissioner concludes that the missing or corrected information is needed to
determine if a license shall be granted;

(2) the applicant, knowingly or with reason to know, made a false statement of a material
fact in an application for the license or any data attached to the application or in any matter
under investigation by the department;

(3) the applicant refused to allow agents of the commissioner to inspect its books, records,
and files related to the license application, or any portion of the premises;

(4) the applicant willfully prevented, interfered with, or attempted to impede in any way:
(i) the work of any authorized representative of the commissioner, the ombudsman for
long-term care, or the ombudsman for mental health and developmental disabilities; or (ii)
the duties of the commissioner, local law enforcement, city or county attorneys, adult
protection, county case managers, or other local government personnel;

(5) the applicantnew text begin , owner, controlling individual, managerial official, or assisted living
director for the facilitynew text end has a history of noncompliance with federal or state regulations that
were detrimental to the health, welfare, or safety of a resident or a client; or

(6) the applicant violates any requirement in this chapter.

(d) If a license is denied, the applicant has the reconsideration rights available under
section 144G.16, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 23.

Minnesota Statutes 2020, section 144G.17, is amended to read:

144G.17 LICENSE RENEWAL.

A license that is not a provisional license may be renewed for a period of up to one year
if the licensee:

(1) submits an application for renewal in the format provided by the commissioner at
least 60 calendar days before expiration of the license;

(2) submits the renewal fee under section 144G.12, subdivision 3;

(3) submits the late fee under section 144G.12, subdivision 4, if the renewal application
is received less than 30 days before the expiration date of the license or after the expiration
of the license;

(4) provides information sufficient to show that the applicant meets the requirements of
licensure, including items required under section 144G.12, subdivision 1; deleted text begin and
deleted text end

new text begin (5) provides information sufficient to show the licensee provided assisted living services
to at least one resident during the immediately preceding license year and at the assisted
living facility listed on the license; and
new text end

deleted text begin (5)deleted text end new text begin (6)new text end provides any other information deemed necessary by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 24.

Minnesota Statutes 2020, section 144G.19, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Change of licensee. new text end

new text begin Notwithstanding any other provision of law, a change of
licensee under subdivision 2 does not require the facility to meet the design requirements
of section 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 25.

Minnesota Statutes 2020, section 144G.20, subdivision 1, is amended to read:

Subdivision 1.

Conditions.

(a) The commissioner may refuse to grant a provisional
license, refuse to grant a license as a result of a change in ownership, refuse to renew a
license, suspend or revoke a license, or impose a conditional license if the owner, controlling
individual, or employee of an assisted living facility:

(1) is in violation of, or during the term of the license has violated, any of the requirements
in this chapter or adopted rules;

(2) permits, aids, or abets the commission of any illegal act in the provision of assisted
living services;

(3) performs any act detrimental to the health, safety, and welfare of a resident;

(4) obtains the license by fraud or misrepresentation;

(5) knowingly makes a false statement of a material fact in the application for a license
or in any other record or report required by this chapter;

(6) denies representatives of the department access to any part of the facility's books,
records, files, or employees;

(7) interferes with or impedes a representative of the department in contacting the facility's
residents;

(8) interferes with or impedes ombudsman access according to section 256.9742,
subdivision 4new text begin , or interferes with or impedes access by the Office of Ombudsman for Mental
Health and Developmental Disabilities according to section 245.94, subdivision 1new text end ;

(9) interferes with or impedes a representative of the department in the enforcement of
this chapter or fails to fully cooperate with an inspection, survey, or investigation by the
department;

(10) destroys or makes unavailable any records or other evidence relating to the assisted
living facility's compliance with this chapter;

(11) refuses to initiate a background study under section 144.057 or 245A.04;

(12) fails to timely pay any fines assessed by the commissioner;

(13) violates any local, city, or township ordinance relating to housing or assisted living
services;

(14) has repeated incidents of personnel performing services beyond their competency
level; or

(15) has operated beyond the scope of the assisted living facility's license category.

(b) A violation by a contractor providing the assisted living services of the facility is a
violation by the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 26.

Minnesota Statutes 2020, section 144G.20, subdivision 4, is amended to read:

Subd. 4.

Mandatory revocation.

Notwithstanding the provisions of subdivision 13,
paragraph (a), the commissioner must revoke a license if a controlling individual of the
facility is convicted of a felony or gross misdemeanor that relates to operation of the facility
or directly affects resident safety or care. The commissioner shall notify the facility and the
Office of Ombudsman for Long-Term Care new text begin and the Office of Ombudsman for Mental Health
and Developmental Disabilities new text end 30 calendar days in advance of the date of revocation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 27.

Minnesota Statutes 2020, section 144G.20, subdivision 5, is amended to read:

Subd. 5.

Owners and managerial officials; refusal to grant license.

(a) The owners
and managerial officials of a facility whose Minnesota license has not been renewed or
whose deleted text begin Minnesotadeleted text end license new text begin in this state or any other state new text end has been revoked because of
noncompliance with applicable laws or rules shall not be eligible to apply for nor will be
granted an assisted living facility license under this chapter or a home care provider license
under chapter 144A, or be given status as an enrolled personal care assistance provider
agency or personal care assistant by the Department of Human Services under section
256B.0659, for five years following the effective date of the nonrenewal or revocation. If
the owners or managerial officials already have enrollment status, the Department of Human
Services shall terminate that enrollment.

(b) The commissioner shall not issue a license to a facility for five years following the
effective date of license nonrenewal or revocation if the owners or managerial officials,
including any individual who was an owner or managerial official of another licensed
provider, had a deleted text begin Minnesotadeleted text end license new text begin in this state or any other state new text end that was not renewed or
was revoked as described in paragraph (a).

(c) Notwithstanding subdivision 1, the commissioner shall not renew, or shall suspend
or revoke, the license of a facility that includes any individual as an owner or managerial
official who was an owner or managerial official of a facility whose deleted text begin Minnesotadeleted text end license new text begin in
this state or any other state new text end was not renewed or was revoked as described in paragraph (a)
for five years following the effective date of the nonrenewal or revocation.

(d) The commissioner shall notify the facility 30 calendar days in advance of the date
of nonrenewal, suspension, or revocation of the license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 28.

Minnesota Statutes 2020, section 144G.20, subdivision 8, is amended to read:

Subd. 8.

Controlling individual restrictions.

(a) The commissioner has discretion to
bar any controlling individual of a facility if the person was a controlling individual of any
other nursing homenew text begin , home care provider licensed under chapter 144A, or given status as an
enrolled personal care assistance provider agency or personal care assistant by the Department
of Human Services under section 256B.0659,new text end or assisted living facility in the previous
two-year period and:

(1) during that period of time the nursing homenew text begin , home care provider licensed under
chapter 144A, or given status as an enrolled personal care assistance provider agency or
personal care assistant by the Department of Human Services under section 256B.0659,new text end or
assisted living facility incurred the following number of uncorrected or repeated violations:

(i) two or more repeated violations that created an imminent risk to direct resident care
or safety; or

(ii) four or more uncorrected violations that created an imminent risk to direct resident
care or safety; or

(2) during that period of time, was convicted of a felony or gross misdemeanor that
related to the operation of the nursing homenew text begin , home care provider licensed under chapter
144A, or given status as an enrolled personal care assistance provider agency or personal
care assistant by the Department of Human Services under section 256B.0659,new text end or assisted
living facility, or directly affected resident safety or care.

(b) When the commissioner bars a controlling individual under this subdivision, the
controlling individual may appeal the commissioner's decision under chapter 14.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 29.

Minnesota Statutes 2020, section 144G.20, subdivision 9, is amended to read:

Subd. 9.

Exception to controlling individual restrictions.

Subdivision 8 does not apply
to any controlling individual of the facility who had no legal authority to affect or change
decisions related to the operation of the nursing home deleted text begin ordeleted text end new text begin ,new text end assisted living facilitynew text begin , or home
carenew text end that incurred the uncorrected new text begin or repeated new text end violations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 30.

Minnesota Statutes 2020, section 144G.20, subdivision 12, is amended to read:

Subd. 12.

Notice to residents.

(a) Within five business days after proceedings are initiated
by the commissioner to revoke or suspend a facility's license, or a decision by the
commissioner not to renew a living facility's license, the controlling individual of the facility
or a designee must provide to the commissioner deleted text begin anddeleted text end new text begin ,new text end the ombudsman for long-term carenew text begin ,
and the Office of Ombudsman for Mental Health and Developmental Disabilitiesnew text end the names
of residents and the names and addresses of the residents' designated representatives and
legal representatives, and family or other contacts listed in the assisted living contract.

(b) The controlling individual or designees of the facility must provide updated
information each month until the proceeding is concluded. If the controlling individual or
designee of the facility fails to provide the information within this time, the facility is subject
to the issuance of:

(1) a correction order; and

(2) a penalty assessment by the commissioner in rule.

(c) Notwithstanding subdivisions 21 and 22, any correction order issued under this
subdivision must require that the facility immediately comply with the request for information
and that, as of the date of the issuance of the correction order, the facility shall forfeit to the
state a $500 fine the first day of noncompliance and an increase in the $500 fine by $100
increments for each day the noncompliance continues.

(d) Information provided under this subdivision may be used by the commissioner deleted text begin ordeleted text end new text begin ,new text end
the ombudsman for long-term carenew text begin , or the Office of Ombudsman for Mental Health and
Developmental Disabilitiesnew text end only for the purpose of providing affected consumers information
about the status of the proceedings.

(e) Within ten business days after the commissioner initiates proceedings to revoke,
suspend, or not renew a facility license, the commissioner must send a written notice of the
action and the process involved to each resident of the facility, legal representatives and
designated representatives, and at the commissioner's discretion, additional resident contacts.

(f) The commissioner shall provide the ombudsman for long-term care new text begin and the Office
of Ombudsman for Mental Health and Developmental Disabilities new text end with monthly information
on the department's actions and the status of the proceedings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 31.

Minnesota Statutes 2020, section 144G.20, subdivision 15, is amended to read:

Subd. 15.

Plan required.

(a) The process of suspending, revoking, or refusing to renew
a license must include a plan for transferring affected residents' cares to other providers by
the facility. The commissioner shall monitor the transfer plan. Within three calendar days
of being notified of the final revocation, refusal to renew, or suspension, the licensee shall
provide the commissioner, the lead agencies as defined in section 256B.0911, county adult
protection and case managers, deleted text begin anddeleted text end the ombudsman for long-term carenew text begin , and the Office of
Ombudsman for Mental Health and Developmental Disabilitiesnew text end with the following
information:

(1) a list of all residents, including full names and all contact information on file;

(2) a list of the resident's legal representatives and designated representatives and family
or other contacts listed in the assisted living contract, including full names and all contact
information on file;

(3) the location or current residence of each resident;

(4) the deleted text begin payordeleted text end new text begin payernew text end sources for each resident, including deleted text begin payordeleted text end new text begin payernew text end source identification
numbers; and

(5) for each resident, a copy of the resident's service plan and a list of the types of services
being provided.

(b) The revocation, refusal to renew, or suspension notification requirement is satisfied
by mailing the notice to the address in the license record. The licensee shall cooperate with
the commissioner and the lead agencies, county adult protection and case managers, deleted text begin anddeleted text end
the ombudsman for long-term carenew text begin , and the Office of Ombudsman for Mental Health and
Developmental Disabilitiesnew text end during the process of transferring care of residents to qualified
providers. Within three calendar days of being notified of the final revocation, refusal to
renew, or suspension action, the facility must notify and disclose to each of the residents,
or the resident's legal and designated representatives or emergency contact persons, that the
commissioner is taking action against the facility's license by providing a copy of the
revocation, refusal to renew, or suspension notice issued by the commissioner. If the facility
does not comply with the disclosure requirements in this section, the commissioner shall
notify the residents, legal and designated representatives, or emergency contact persons
about the actions being taken. Lead agencies, county adult protection and case managers,
and the Office of Ombudsman for Long-Term Care may also provide this information. The
revocation, refusal to renew, or suspension notice is public data except for any private data
contained therein.

(c) A facility subject to this subdivision may continue operating while residents are being
transferred to other service providers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 32.

Minnesota Statutes 2020, section 144G.30, subdivision 5, is amended to read:

Subd. 5.

Correction orders.

(a) A correction order may be issued whenever the
commissioner finds upon survey or during a complaint investigation that a facility, a
managerial official, new text begin an agent of the facility, new text end or an employee of the facility is not in compliance
with this chapter. The correction order shall cite the specific statute and document areas of
noncompliance and the time allowed for correction.

(b) The commissioner shall mail or e-mail copies of any correction order to the facility
within 30 calendar days after the survey exit date. A copy of each correction order and
copies of any documentation supplied to the commissioner shall be kept on file by the
facility and public documents shall be made available for viewing by any person upon
request. Copies may be kept electronically.

(c) By the correction order date, the facility must document in the facility's records any
action taken to comply with the correction order. The commissioner may request a copy of
this documentation and the facility's action to respond to the correction order in future
surveys, upon a complaint investigation, and as otherwise needed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 33.

Minnesota Statutes 2020, section 144G.31, subdivision 4, is amended to read:

Subd. 4.

Fine amounts.

(a) Fines and enforcement actions under this subdivision may
be assessed based on the level and scope of the violations described in subdivisions 2 and
3 as follows and may be imposed immediately with no opportunity to correct the violation
prior to imposition:

(1) Level 1, no fines or enforcement;

(2) Level 2, a fine of $500 per violation, in addition to any enforcement mechanism
authorized in section 144G.20 for widespread violations;

(3) Level 3, a fine of $3,000 per violation deleted text begin per incidentdeleted text end , in addition to any enforcement
mechanism authorized in section 144G.20;

(4) Level 4, a fine of $5,000 per deleted text begin incidentdeleted text end new text begin violationnew text end , in addition to any enforcement
mechanism authorized in section 144G.20; and

(5) for maltreatment violations for which the licensee was determined to be responsible
for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000
new text begin per incidentnew text end . A fine of $5,000 new text begin per incidentnew text end may be imposed if the commissioner determines
the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse
resulting in serious injury.

(b) When a fine is assessed against a facility for substantiated maltreatment, the
commissioner shall not also impose an immediate fine under this chapter for the same
circumstance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 34.

Minnesota Statutes 2020, section 144G.31, subdivision 8, is amended to read:

Subd. 8.

Deposit of fines.

Fines collected under this section shall be deposited in a
dedicated special revenue account. On an annual basis, the balance in the special revenue
account shall be appropriated to the commissioner for special projects to improve deleted text begin home
caredeleted text end new text begin resident quality of care and outcomes in assisted living facilities licensed under this
chapternew text end in Minnesota as recommended by the advisory council established in section
144A.4799.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for fines collected on or
after August 1, 2021.
new text end

Sec. 35.

Minnesota Statutes 2020, section 144G.41, subdivision 7, is amended to read:

Subd. 7.

Resident grievances; reporting maltreatment.

All facilities must post in a
conspicuous place information about the facilities' grievance procedure, and the name,
telephone number, and e-mail contact information for the individuals who are responsible
for handling resident grievances. The notice must also have the contact information for the
deleted text begin state and applicable regionaldeleted text end Office of Ombudsman for Long-Term Care and the Office of
Ombudsman for Mental Health and Developmental Disabilities, and must have information
for reporting suspected maltreatment to the Minnesota Adult Abuse Reporting Center.new text begin The
notice must also state that if an individual has a complaint about the facility or person
providing services, the individual may contact the Office of Health Facility Complaints at
the Minnesota Department of Health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 36.

Minnesota Statutes 2020, section 144G.41, subdivision 8, is amended to read:

Subd. 8.

Protecting resident rights.

All facilities shall ensure that every resident has
access to consumer advocacy or legal services by:

(1) providing names and contact information, including telephone numbers and e-mail
addresses of at least three organizations that provide advocacy or legal services to residentsnew text begin ,
one of which must include the designated protection and advocacy organization in Minnesota
that provides advice and representation to individuals with disabilitiesnew text end ;

(2) providing the name and contact information for the Minnesota Office of Ombudsman
for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental
Disabilitiesdeleted text begin , including both the state and regional contact informationdeleted text end ;

(3) assisting residents in obtaining information on whether Medicare or medical assistance
under chapter 256B will pay for services;

(4) making reasonable accommodations for people who have communication disabilities
and those who speak a language other than English; and

(5) providing all information and notices in plain language and in terms the residents
can understand.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 37.

Minnesota Statutes 2020, section 144G.42, subdivision 10, is amended to read:

Subd. 10.

Disaster planning and emergency preparedness plan.

(a) The facility must
meet the following requirements:

(1) have a written emergency disaster plan that contains a plan for evacuation, addresses
elements of sheltering in place, identifies temporary relocation sites, and details staff
assignments in the event of a disaster or an emergency;

(2) post an emergency disaster plan prominently;

(3) provide building emergency exit diagrams to all residents;

(4) post emergency exit diagrams on each floor; and

(5) have a written policy and procedure regarding missing deleted text begin tenantdeleted text end residents.

(b) The facility must provide emergency and disaster training to all staff during the initial
staff orientation and annually thereafter and must make emergency and disaster training
annually available to all residents. Staff who have not received emergency and disaster
training are allowed to work only when trained staff are also working on site.

(c) The facility must meet any additional requirements adopted in rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 38.

Minnesota Statutes 2020, section 144G.45, subdivision 7, is amended to read:

Subd. 7.

Variance or waiver.

(a) A facility may request that the commissioner grant a
variance or waiver from the provisions of this section or section 144G.81, subdivision 5. A
request for a waiver must be submitted to the commissioner in writing. Each request must
contain:

(1) the specific requirement for which the variance or waiver is requested;

(2) the reasons for the request;

(3) the alternative measures that will be taken if a variance or waiver is granted;

(4) the length of time for which the variance or waiver is requested; and

(5) other relevant information deemed necessary by the commissioner to properly evaluate
the request for the waiver.

(b) The decision to grant or deny a variance or waiver must be based on the
commissioner's evaluation of the following criteria:

(1) whether the waiver will adversely affect the health, treatment, comfort, safety, or
well-being of a resident;

(2) whether the alternative measures to be taken, if any, are equivalent to or superior to
those permitted under section 144G.81, subdivision 5; deleted text begin and
deleted text end

(3) whether compliance with the requirements would impose an undue burden on the
facilitynew text begin ; and
new text end

new text begin (4) notwithstanding clause (1), for construction existing as of August 1, 2021, the
commissioner's evaluation of a variance from the requirement to provide an option for a
bath under subdivision 4, paragraph (a), must be based on clauses (2) and (3) and whether
the variance will adversely affect the health, treatment, or safety of a residentnew text end .

(c) The commissioner must notify the facility in writing of the decision. If a variance or
waiver is granted, the notification must specify the period of time for which the variance
or waiver is effective and the alternative measures or conditions, if any, to be met by the
facility.

(d) Alternative measures or conditions attached to a variance or waiver have the force
and effect of this chapter and are subject to the issuance of correction orders and fines in
accordance with sections 144G.30, subdivision 7, and 144G.31. The amount of fines for a
violation of this subdivision is that specified for the specific requirement for which the
variance or waiver was requested.

(e) A request for renewal of a variance or waiver must be submitted in writing at least
45 days before its expiration date. Renewal requests must contain the information specified
in paragraph (b). A variance or waiver must be renewed by the commissioner if the facility
continues to satisfy the criteria in paragraph (a) and demonstrates compliance with the
alternative measures or conditions imposed at the time the original variance or waiver was
granted.

(f) The commissioner must deny, revoke, or refuse to renew a variance or waiver if it
is determined that the criteria in paragraph (a) are not met. The facility must be notified in
writing of the reasons for the decision and informed of the right to appeal the decision.

(g) A facility may contest the denial, revocation, or refusal to renew a variance or waiver
by requesting a contested case hearing under chapter 14. The facility must submit, within
15 days of the receipt of the commissioner's decision, a written request for a hearing. The
request for hearing must set forth in detail the reasons why the facility contends the decision
of the commissioner should be reversed or modified. At the hearing, the facility has the
burden of proving by a preponderance of the evidence that the facility satisfied the criteria
specified in paragraph (b), except in a proceeding challenging the revocation of a variance
or waiver.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 39.

Minnesota Statutes 2020, section 144G.50, subdivision 2, is amended to read:

Subd. 2.

Contract information.

(a) The contract must include in a conspicuous place
and manner on the contract the legal name and the deleted text begin license numberdeleted text end new text begin health facility identificationnew text end
of the facility.

(b) The contract must include the name, telephone number, and physical mailing address,
which may not be a public or private post office box, of:

(1) the facility and contracted service provider when applicable;

(2) the licensee of the facility;

(3) the managing agent of the facility, if applicable; and

(4) the authorized agent for the facility.

(c) The contract must include:

(1) a disclosure of the category of assisted living facility license held by the facility and,
if the facility is not an assisted living facility with dementia care, a disclosure that it does
not hold an assisted living facility with dementia care license;

(2) a description of all the terms and conditions of the contract, including a description
of and any limitations to the housing or assisted living services to be provided for the
contracted amount;

(3) a delineation of the cost and nature of any other services to be provided for an
additional fee;

(4) a delineation and description of any additional fees the resident may be required to
pay if the resident's condition changes during the term of the contract;

(5) a delineation of the grounds under which the resident may be deleted text begin discharged, evicted,
ordeleted text end transferred or have new text begin housing or new text end services terminatednew text begin or be subject to an emergency
relocationnew text end ;

(6) billing and payment procedures and requirements; and

(7) disclosure of the facility's ability to provide specialized diets.

(d) The contract must include a description of the facility's complaint resolution process
available to residents, including the name and contact information of the person representing
the facility who is designated to handle and resolve complaints.

(e) The contract must include a clear and conspicuous notice of:

(1) the right under section 144G.54 to appeal the termination of an assisted living contract;

(2) the facility's policy regarding transfer of residents within the facility, under what
circumstances a transfer may occur, and the circumstances under which resident consent is
required for a transfer;

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

(4) the resident's right to obtain services from an unaffiliated service provider;

(5) a description of the facility's policies related to medical assistance waivers under
chapter 256S and section 256B.49 and the housing support program under chapter 256I,
including:

(i) whether the facility is enrolled with the commissioner of human services to provide
customized living services under medical assistance waivers;

(ii) whether the facility has an agreement to provide housing support under section
256I.04, subdivision 2, paragraph (b);

(iii) whether there is a limit on the number of people residing at the facility who can
receive customized living services or participate in the housing support program at any
point in time. If so, the limit must be provided;

(iv) whether the facility requires a resident to pay privately for a period of time prior to
accepting payment under medical assistance waivers or the housing support program, and
if so, the length of time that private payment is required;

(v) a statement that medical assistance waivers provide payment for services, but do not
cover the cost of rent;

(vi) a statement that residents may be eligible for assistance with rent through the housing
support program; and

(vii) a description of the rent requirements for people who are eligible for medical
assistance waivers but who are not eligible for assistance through the housing support
program;

(6) the contact information to obtain long-term care consulting services under section
256B.0911; and

(7) the toll-free phone number for the Minnesota Adult Abuse Reporting Center.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to assisted
living contracts executed on or after that date.
new text end

Sec. 40.

Minnesota Statutes 2020, section 144G.52, subdivision 2, is amended to read:

Subd. 2.

Prerequisite to termination of a contract.

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

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

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

(b) The meeting must be scheduled to take place at least seven days before a notice of
termination is issued. The facility must make reasonable efforts to ensure that the resident,
legal representative, and designated representative are able to attend the meeting.

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

(d) In the event of an emergency relocation under subdivision 9, where the facility intends
to issue a notice of termination and an in-person meeting is impractical or impossible, the
facility deleted text begin may attempt to schedule and participate in a meeting under this subdivision viadeleted text end new text begin must
usenew text end telephone, video, or other new text begin electronic new text end meansnew text begin to conduct and participate in the meeting
required under this subdivision and rules within Minnesota Rules, chapter 4659new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 41.

Minnesota Statutes 2020, section 144G.52, subdivision 8, is amended to read:

Subd. 8.

Content of notice of termination.

The notice required under subdivision 7
must contain, at a minimum:

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 42.

Minnesota Statutes 2020, section 144G.52, subdivision 9, is amended to read:

Subd. 9.

Emergency relocation.

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

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

(1) the reason for the relocation;

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

(3) contact information for the Office of Ombudsman for Long-Term Carenew text begin and the Office
of Ombudsman for Mental Health and Developmental Disabilitiesnew text end ;

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 43.

Minnesota Statutes 2020, section 144G.53, is amended to read:

144G.53 NONRENEWAL OF HOUSING.

(a) If a facility decides to not renew a resident's housing under a contract, the facility
must either (1) provide the resident with 60 calendar days' notice of the nonrenewal and
assistance with relocation planning, or (2) follow the termination procedure under section
144G.52.

(b) The notice must include the reason for the nonrenewal and contact information of
the Office of Ombudsman for Long-Term Carenew text begin and the Office of Ombudsman for Mental
Health and Developmental Disabilitiesnew text end .

(c) A facility must:

(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;

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

(3) ensure a coordinated move to a safe location, as defined in section 144G.55,
subdivision 2, that is appropriate for the resident;

(4) ensure a coordinated move to an appropriate service provider identified by the facility,
if services are still needed and desired by the resident;

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

(6) prepare a written plan to prepare for the move.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 44.

Minnesota Statutes 2020, section 144G.55, subdivision 1, is amended to read:

Subdivision 1.

Duties of facility.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 45.

Minnesota Statutes 2020, section 144G.55, subdivision 3, is amended to read:

Subd. 3.

Relocation plan required.

The facility must prepare a relocation plan to prepare
for the move to deleted text begin thedeleted text end new text begin anew text end new new text begin safe new text end location or new text begin appropriate new text end service providernew text begin , as required by this
sectionnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 46.

Minnesota Statutes 2020, section 144G.56, subdivision 3, is amended to read:

Subd. 3.

Notice required.

(a) A facility must provide at least 30 calendar days' advance
written notice to the resident and the resident's legal and designated representative of a
facility-initiated transfer. The notice must include:

(1) the effective date of the proposed transfer;

(2) the proposed transfer location;

(3) a statement that the resident may refuse the proposed transfer, and may discuss any
consequences of a refusal with staff of the facility;

(4) the name and contact information of a person employed by the facility with whom
the resident may discuss the notice of transfer; and

(5) contact information for the Office of Ombudsman for Long-Term Carenew text begin and the Office
of Ombudsman for Mental Health and Developmental Disabilitiesnew text end .

(b) Notwithstanding paragraph (a), a facility may conduct a facility-initiated transfer of
a resident with less than 30 days' written notice if the transfer is necessary due to:

(1) conditions that render the resident's room or private living unit uninhabitable;

(2) the resident's urgent medical needs; or

(3) a risk to the health or safety of another resident of the facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 47.

Minnesota Statutes 2020, section 144G.56, subdivision 5, is amended to read:

Subd. 5.

Changes in facility operations.

(a) In situations where there is a curtailment,
reduction, or capital improvement within a facility necessitating transfers, the facility must:

(1) minimize the number of transfers it initiates to complete the project or change in
operations;

(2) consider individual resident needs and preferences;

(3) provide reasonable accommodations for individual resident requests regarding the
transfers; and

(4) in advance of any notice to any residents, legal representatives, or designated
representatives, provide notice to the Office of Ombudsman for Long-Term Care anddeleted text begin , when
appropriate,deleted text end the Office of Ombudsman for Mental Health and Developmental Disabilities
of the curtailment, reduction, or capital improvement and the corresponding needed transfers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 48.

Minnesota Statutes 2020, section 144G.57, subdivision 1, is amended to read:

Subdivision 1.

Closure plan required.

In the event that an assisted living facility elects
to voluntarily close the facility, the facility must notify the commissioner deleted text begin anddeleted text end new text begin ,new text end the Office
of Ombudsman for Long-Term Carenew text begin , and the Office of Ombudsman for Mental Health and
Developmental Disabilitiesnew text end in writing by submitting a proposed closure plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 49.

Minnesota Statutes 2020, section 144G.57, subdivision 3, is amended to read:

Subd. 3.

Commissioner's approval required prior to implementation.

(a) The plan
shall be subject to the commissioner's approval and subdivision 6. The facility shall take
no action to close the residence prior to the commissioner's approval of the plan. The
commissioner shall approve or otherwise respond to the plan as soon as practicable.

(b) The commissioner may require the facility to work with a transitional team comprised
of department staff, staff of the Office of Ombudsman for Long-Term Care, new text begin the Office of
Ombudsman for Mental Health and Developmental Disabilities, new text end and other professionals the
commissioner deems necessary to assist in the proper relocation of residents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 50.

Minnesota Statutes 2020, section 144G.57, subdivision 5, is amended to read:

Subd. 5.

Notice to residents.

After the commissioner has approved the relocation plan
and at least 60 calendar days before closing, except as provided under subdivision 6, the
facility must notify residents, designated representatives, and legal representatives of the
closure, the proposed date of closure, the contact information of the ombudsman for long-term
carenew text begin and the ombudsman for mental health and developmental disabilitiesnew text end , and that the
facility will follow the termination planning requirements under section 144G.55, and final
accounting and return requirements under section 144G.42, subdivision 5. For residents
who receive home and community-based waiver services under chapter 256S and section
256B.49, the facility must also provide this information to the resident's case manager.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 51.

Minnesota Statutes 2020, section 144G.70, subdivision 2, is amended to read:

Subd. 2.

Initial reviews, assessments, and monitoring.

(a) Residents who are not
receiving any new text begin assisted living new text end services shall not be required to undergo an initial nursing
assessment.

(b) An assisted living facility shall conduct a nursing assessment by a registered nurse
of the physical and cognitive needs of the prospective resident and propose a temporary
service plan prior to the date on which a prospective resident executes a contract with a
facility or the date on which a prospective resident moves in, whichever is earlier. If
necessitated by either the geographic distance between the prospective resident and the
facility, or urgent or unexpected circumstances, the assessment may be conducted using
telecommunication methods based on practice standards that meet the resident's needs and
reflect person-centered planning and care delivery.

(c) Resident reassessment and monitoring must be conducted no more than 14 calendar
days after initiation of services. Ongoing resident reassessment and monitoring must be
conducted as needed based on changes in the needs of the resident and cannot exceed 90
calendar days from the last date of the assessment.

(d) For residents only receiving assisted living services specified in section 144G.08,
subdivision 9, clauses (1) to (5), the facility shall complete an individualized initial review
of the resident's needs and preferences. The initial review must be completed within 30
calendar days of the start of services. Resident monitoring and review must be conducted
as needed based on changes in the needs of the resident and cannot exceed 90 calendar days
from the date of the last review.

(e) A facility must inform the prospective resident of the availability of and contact
information for long-term care consultation services under section 256B.0911, prior to the
date on which a prospective resident executes a contract with a facility or the date on which
a prospective resident moves in, whichever is earlier.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 52.

Minnesota Statutes 2020, section 144G.70, subdivision 4, is amended to read:

Subd. 4.

Service plan, implementation, and revisions to service plan.

(a) No later
than 14 calendar days after the date that services are first provided, an assisted living facility
shall finalize a current written service plan.

(b) The service plan and any revisions must include a signature or other authentication
by the facility and by the resident documenting agreement on the services to be provided.
The service plan must be revised, if needed, based on resident reassessment under subdivision
2. The facility must provide information to the resident about changes to the facility's fee
for services and how to contact the Office of Ombudsman for Long-Term Carenew text begin and the
Office of Ombudsman for Mental Health and Developmental Disabilitiesnew text end .

(c) The facility must implement and provide all services required by the current service
plan.

(d) The service plan and the revised service plan must be entered into the resident record,
including notice of a change in a resident's fees when applicable.

(e) Staff providing services must be informed of the current written service plan.

(f) The service plan must include:

(1) a description of the services to be provided, the fees for services, and the frequency
of each service, according to the resident's current assessment and resident preferences;

(2) the identification of staff or categories of staff who will provide the services;

(3) the schedule and methods of monitoring assessments of the resident;

(4) the schedule and methods of monitoring staff providing services; and

(5) a contingency plan that includes:

(i) the action to be taken if the scheduled service cannot be provided;

(ii) information and a method to contact the facility;

(iii) the names and contact information of persons the resident wishes to have notified
in an emergency or if there is a significant adverse change in the resident's condition,
including identification of and information as to who has authority to sign for the resident
in an emergency; and

(iv) the circumstances in which emergency medical services are not to be summoned
consistent with chapters 145B and 145C, and declarations made by the resident under those
chapters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 53.

Minnesota Statutes 2020, section 144G.80, subdivision 2, is amended to read:

Subd. 2.

Demonstrated capacity.

(a) An applicant for licensure as an assisted living
facility with dementia care must have the ability to provide services in a manner that is
consistent with the requirements in this section. The commissioner shall consider the
following criteria, including, but not limited to:

(1) the experience of the deleted text begin applicant indeleted text end new text begin applicant's assisted living director, managerial
official, and clinical nurse supervisornew text end managing residents with dementia or previous long-term
care experience; and

(2) the compliance history of the applicant in the operation of any care facility licensed,
certified, or registered under federal or state law.

(b) If the deleted text begin applicant doesdeleted text end new text begin applicant's assisted living director and clinical nurse supervisor
donew text end not have experience in managing residents with dementia, the applicant must employ a
consultant for at least the first six months of operation. The consultant must meet the
requirements in paragraph (a), clause (1), and make recommendations on providing dementia
care services consistent with the requirements of this chapter. The consultant must (1) have
two years of work experience related to dementia, health care, gerontology, or a related
field, and (2) have completed at least the minimum core training requirements in section
144G.64. The applicant must document an acceptable plan to address the consultant's
identified concerns and must either implement the recommendations or document in the
plan any consultant recommendations that the applicant chooses not to implement. The
commissioner must review the applicant's plan upon request.

(c) The commissioner shall conduct an on-site inspection prior to the issuance of an
assisted living facility with dementia care license to ensure compliance with the physical
environment requirements.

(d) The label "Assisted Living Facility with Dementia Care" must be identified on the
license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 54.

Minnesota Statutes 2020, section 144G.90, subdivision 1, is amended to read:

Subdivision 1.

Assisted living bill of rights; notification to resident.

(a) An assisted
living facility must provide the resident a written notice of the rights under section 144G.91
before the initiation of services to that resident. The facility shall make all reasonable efforts
to provide notice of the rights to the resident in a language the resident can understand.

(b) In addition to the text of the assisted living bill of rights in section 144G.91, the
notice shall also contain the following statement describing how to file a complaint or report
suspected abuse:

"If you want to report suspected abuse, neglect, or financial exploitation, you may contact
the Minnesota Adult Abuse Reporting Center (MAARC). If you have a complaint about
the facility or person providing your services, you may contact the Office of Health Facility
Complaints, Minnesota Department of Health. new text begin If you would like to request advocacy services,
new text end you may deleted text begin alsodeleted text end contact the Office of Ombudsman for Long-Term Care or the Office of
Ombudsman for Mental Health and Developmental Disabilities."

(c) The statement must include contact information for the Minnesota Adult Abuse
Reporting Center and the telephone number, website address, e-mail address, mailing
address, and street address of the Office of Health Facility Complaints at the Minnesota
Department of Health, the Office of Ombudsman for Long-Term Care, and the Office of
Ombudsman for Mental Health and Developmental Disabilities. The statement must include
the facility's name, address, e-mail, telephone number, and name or title of the person at
the facility to whom problems or complaints may be directed. It must also include a statement
that the facility will not retaliate because of a complaint.

(d) A facility must obtain written acknowledgment from the resident of the resident's
receipt of the assisted living bill of rights or shall document why an acknowledgment cannot
be obtained. Acknowledgment of receipt shall be retained in the resident's record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 55.

Minnesota Statutes 2020, section 144G.90, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Notice to residents. new text end

new text begin For any notice to a resident, legal representative, or
designated representative provided under this chapter or under Minnesota Rules, chapter
4659, that is required to include information regarding the Office of Ombudsman for
Long-Term Care and the Office of Ombudsman for Mental Health and Developmental
Disabilities, the notice must contain the following language: "You may contact the
Ombudsman for Long-Term Care for questions about your rights as an assisted living facility
resident and to request advocacy services. As an assisted living facility resident, you may
contact the Ombudsman for Mental Health and Developmental Disabilities to request
advocacy regarding your rights, concerns, or questions on issues relating to services for
mental health, developmental disabilities, or chemical dependency."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 56.

Minnesota Statutes 2020, section 144G.91, subdivision 13, is amended to read:

Subd. 13.

Personal and treatment privacy.

(a) Residents have the right to consideration
of their privacy, individuality, and cultural identity as related to their social, religious, and
psychological well-being. Staff must respect the privacy of a resident's space by knocking
on the door and seeking consent before entering, except in an emergency or deleted text begin where clearly
inadvisable ordeleted text end unless otherwise documented in the resident's service plan.

(b) Residents have the right to have and use a lockable door to the resident's unit. The
facility shall provide locks on the resident's unit. Only a staff member with a specific need
to enter the unit shall have keys. This right may be restricted in certain circumstances if
necessary for a resident's health and safety and documented in the resident's service plan.

(c) Residents have the right to respect and privacy regarding the resident's service plan.
Case discussion, consultation, examination, and treatment are confidential and must be
conducted discreetly. Privacy must be respected during toileting, bathing, and other activities
of personal hygiene, except as needed for resident safety or assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 57.

Minnesota Statutes 2020, section 144G.91, subdivision 21, is amended to read:

Subd. 21.

Access to counsel and advocacy services.

Residents have the right to the
immediate access by:

(1) the resident's legal counsel;

(2) any representative of the protection and advocacy system designated by the state
under Code of Federal Regulations, title 45, section 1326.21; or

(3) any representative of the Office of Ombudsman for Long-Term Carenew text begin or the Office
of Ombudsman for Mental Health and Developmental Disabilitiesnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 58.

Minnesota Statutes 2020, section 144G.92, subdivision 1, is amended to read:

Subdivision 1.

Retaliation prohibited.

A facility or agent of a facility may not retaliate
against a resident or employee if the resident, employee, or any person acting on behalf of
the resident:

(1) files a good faith complaint or grievance, makes a good faith inquiry, or asserts any
right;

(2) indicates a good faith intention to file a complaint or grievance, make an inquiry, or
assert any right;

(3) files, in good faith, or indicates an intention to file a maltreatment report, whether
mandatory or voluntary, under section 626.557;

(4) seeks assistance from or reports a reasonable suspicion of a crime or systemic
problems or concerns to the director or manager of the facility, the Office of Ombudsman
for Long-Term Care, new text begin the Office of Ombudsman for Mental Health and Developmental
Disabilities, new text end a regulatory or other government agency, or a legal or advocacy organization;

(5) advocates or seeks advocacy assistance for necessary or improved care or services
or enforcement of rights under this section or other law;

(6) takes or indicates an intention to take civil action;

(7) participates or indicates an intention to participate in any investigation or
administrative or judicial proceeding;

(8) contracts or indicates an intention to contract to receive services from a service
provider of the resident's choice other than the facility; or

(9) places or indicates an intention to place a camera or electronic monitoring device in
the resident's private space as provided under section 144.6502.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 59.

Minnesota Statutes 2020, section 144G.93, is amended to read:

144G.93 CONSUMER ADVOCACY AND LEGAL SERVICES.

Upon execution of an assisted living contract, every facility must provide the resident
with the names and contact information, including telephone numbers and e-mail addresses,
of:

(1) nonprofit organizations that provide advocacy or legal services to residents including
but not limited to the designated protection and advocacy organization in Minnesota that
provides advice and representation to individuals with disabilities; and

(2) the Office of Ombudsman for Long-Term Caredeleted text begin , including both the state and regional
contact informationdeleted text end new text begin and the Office of Ombudsman for Mental Health and Developmental
Disabilitiesnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 60.

Minnesota Statutes 2020, section 144G.95, is amended to read:

144G.95 OFFICE OF OMBUDSMAN FOR LONG-TERM CAREnew text begin AND OFFICE
OF OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL
DISABILITIESnew text end .

Subdivision 1.

Immunity from liability.

new text begin (a) new text end The Office of Ombudsman for Long-Term
Care and representatives of the office are immune from liability for conduct described in
section 256.9742, subdivision 2.

new text begin (b) The Office of Ombudsman for Mental Health and Developmental Disabilities and
representatives of the office are immune from liability for conduct described in section
245.96.
new text end

Subd. 2.

Data classification.

new text begin (a) new text end All forms and notices received by the Office of
Ombudsman for Long-Term Care under this chapter are classified under section 256.9744.

new text begin (b) All data collected or received by the Office of Ombudsman for Mental Health and
Developmental Disabilities are classified under section 245.94.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 61.

new text begin [145.267] FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION
GRANTS.
new text end

new text begin (a) The commissioner of health shall award a grant to a statewide organization that
focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. The
grant recipient must make subgrants to eligible regional collaboratives in rural and urban
areas of the state for the purposes specified in paragraph (c).
new text end

new text begin (b) "Eligible regional collaboratives" means a partnership between at least one local
government or Tribal government and at least one community-based organization and,
where available, a family home visiting program. For purposes of this paragraph, a local
government includes a county or a multicounty organization, a county-based purchasing
entity, or a community health board.
new text end

new text begin (c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of
fetal alcohol spectrum disorders and other prenatal drug-related effects in children in
Minnesota by identifying and serving pregnant women suspected of or known to use or
abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services
to chemically dependent women to increase positive birth outcomes.
new text end

new text begin (d) An eligible regional collaborative that receives a subgrant under this section must
report to the grant recipient by January 15 of each year on the services and programs funded
by the subgrant. The report must include measurable outcomes for the previous year,
including the number of pregnant women served and the number of toxin-free babies born.
The grant recipient must compile the information in the subgrant reports and submit a
summary report to the commissioner of health by February 15 of each year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 62.

Minnesota Statutes 2021 Supplement, section 245C.03, subdivision 5a, is amended
to read:

Subd. 5a.

Facilities serving children or adults licensed or regulated by the
Department of Health.

(a) new text begin Except as specified in paragraph (b), new text end the commissioner shall
conduct background studies of:

(1) individuals providing services who have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; assisted living facilities and assisted living
facilities with dementia care licensed under chapter 144G; and board and lodging
establishments that are registered to provide supportive or health supervision services under
section 157.17;

(2) individuals specified in subdivision 2 who provide direct contact services in a nursing
home or a home care agency licensed under chapter 144A; an assisted living facility or
assisted living facility with dementia care licensed under chapter 144G; or a boarding care
home licensed under sections 144.50 to 144.58. If the individual undergoing a study resides
outside of Minnesota, the study must include a check for substantiated findings of
maltreatment of adults and children in the individual's state of residence when the state
makes the information available;

(3) all other employees in assisted living facilities or assisted living facilities with
dementia care licensed under chapter 144G, nursing homes licensed under chapter 144A,
and boarding care homes licensed under sections 144.50 to 144.58. A disqualification of
an individual in this section shall disqualify the individual from positions allowing direct
contact with or access to patients or residents receiving services. "Access" means physical
access to a client or the client's personal property without continuous, direct supervision as
defined in section 245C.02, subdivision 8, when the employee's employment responsibilities
do not include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; deleted text begin and
deleted text end

(5) controlling persons of a supplemental nursing services agency, as defined by section
144A.70deleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) license applicants, owners, managerial officials, and controlling individuals who are
required under section 144A.476, subdivision 1, or 144G.13, subdivision 1, to undergo a
background study under this chapter, regardless of the licensure status of the license applicant,
owner, managerial official, or controlling individual.
new text end

(b) new text begin The commissioner of human services shall not conduct a background study on any
individual identified in paragraph (a), clauses (1) to (5), if the individual has a valid license
issued by a health-related licensing board as defined in section 214.01, subdivision 2, and
has completed the criminal background check as required in section 214.075. An entity that
is affiliated with individuals who meet the requirements of this paragraph must separate
those individuals from the entity's roster for NETStudy 2.0.
new text end

new text begin (c) new text end If a facility or program is licensed by the Department of Human Services and the
Department of Health and is subject to the background study provisions of this chapter, the
Department of Human Services is solely responsible for the background studies of individuals
in the jointly licensed program.

deleted text begin (c)deleted text end new text begin (d)new text end The commissioner of health shall review and make decisions regarding
reconsideration requests, including whether to grant variances, according to the procedures
and criteria in this chapter. The commissioner of health shall inform the requesting individual
and the Department of Human Services of the commissioner of health's decision regarding
the reconsideration. The commissioner of health's decision to grant or deny a reconsideration
of a disqualification is a final administrative agency action.

new text begin EFFECTIVE DATE. new text end

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

Sec. 63.

Minnesota Statutes 2020, section 245C.31, subdivision 1, is amended to read:

Subdivision 1.

Board determines disciplinary or corrective action.

(a) deleted text begin When the
subject of a background study is regulated by a health-related licensing board as defined in
chapter deleted text end deleted text begin 214deleted text end deleted text begin , and the commissioner determines that the regulated individual is responsible
for substantiated maltreatment under section 626.557 or chapter deleted text end deleted text begin 260Edeleted text end deleted text begin , instead of the
commissioner making a decision regarding disqualification, the board shall make a
determination whether to impose disciplinary or corrective action under chapter deleted text end deleted text begin 214deleted text end new text begin The
commissioner shall notify a health-related licensing board as defined in section 214.01,
subdivision 2, if the commissioner determines that an individual who is licensed by the
health-related licensing board and who is included on the board's roster list provided in
accordance with subdivision 3a is responsible for substantiated maltreatment under section
626.557 or chapter 260E, in accordance with subdivision 2. Upon receiving notification,
the health-related licensing board shall make a determination as to whether to impose
disciplinary or corrective action under chapter 214new text end .

(b) This section does not apply to a background study of an individual regulated by a
health-related licensing board if the individual's study is related to child foster care, adult
foster care, or family child care licensure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2023.
new text end

Sec. 64.

Minnesota Statutes 2020, section 245C.31, subdivision 2, is amended to read:

Subd. 2.

Commissioner's notice to board.

deleted text begin (a)deleted text end The commissioner shall notify deleted text begin thedeleted text end new text begin anew text end
health-related licensing board:

(1) deleted text begin upon completion of a background study that producesdeleted text end new text begin ofnew text end a record showing that the
individual new text begin licensed by the board new text end was determined to have been responsible for substantiated
maltreatment;

(2) upon the commissioner's completion of an investigation that determined deleted text begin thedeleted text end new text begin annew text end
individual new text begin licensed by the board new text end was responsible for substantiated maltreatment; or

(3) upon receipt from another agency of a finding of substantiated maltreatment for
which deleted text begin thedeleted text end new text begin annew text end individual new text begin licensed by the board new text end was responsible.

deleted text begin (b) The commissioner's notice to the health-related licensing board shall indicate whether
deleted text end deleted text begin the commissioner would have disqualified the individual for the substantiated maltreatment
deleted text end deleted text begin if the individual were not regulated by the board.
deleted text end

deleted text begin (c) The commissioner shall concurrently send the notice under this subdivision to the
deleted text end deleted text begin individual who is the subject of the deleted text end deleted text begin background study deleted text end deleted text begin .
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2023.
new text end

Sec. 65.

Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Agreements with health-related licensing boards. new text end

new text begin The commissioner and
each health-related licensing board shall enter into an agreement in order for each board to
provide the commissioner with a daily roster list of individuals who have a license issued
by the board in active status. The list must include for each licensed individual the individual's
name, aliases, date of birth, and license number; the date the license was issued; status of
the license; and the last four digits of the individual's Social Security number.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 66.

Minnesota Statutes 2020, section 245C.31, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Maltreatment study; fees. new text end

new text begin (a) The administrative service unit for the
health-related licensing boards shall apportion between the health-related licensing boards
that are required to submit a daily roster list in accordance with subdivision 3a an amount
to be paid through an additional fee collected by each board in accordance with paragraph
(b). The amount apportioned to each health-related licensing board must equal the board's
share of the annual appropriation from the state government special revenue fund to the
commissioner of human services to conduct the maltreatment studies on licensees who are
listed on the daily roster lists and to comply with the notification requirement under
subdivision 2. Each board's apportioned share must be based on the number of licensees
that each health-related licensing board licenses as a percentage of the total number of
licensees licensed collectively by all health-related licensing boards.
new text end

new text begin (b) Each health-related licensing board may collect an additional fee from a licensee at
the time the initial license fee is collected to compensate for the amount apportioned to each
board by the administrative services unit. If an additional fee is collected by the health-related
licensing board under this paragraph, the fee must be deposited in the state government
special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 67.

Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33,
is amended to read:

Subd. 33.

Grant Programs; Chemical
Dependency Treatment Support Grants

Appropriations by Fund
General	4,273,000	4,274,000
Lottery Prize	1,733,000	1,733,000
Opiate Epidemic Response	500,000	500,000

(a) Problem Gambling. $225,000 in fiscal
year 2022 and $225,000 in fiscal year 2023
are from the lottery prize fund for a grant to
the state affiliate recognized by the National
Council on Problem Gambling. The affiliate
must provide services to increase public
awareness of problem gambling, education,
training for individuals and organizations
providing effective treatment services to
problem gamblers and their families, and
research related to problem gambling.

(b) Recovery Community Organization
Grants. $2,000,000 in fiscal year 2022 and
$2,000,000 in fiscal year 2023 are from the
general fund for grants to recovery community
organizations, as defined in Minnesota
Statutes, section 254B.01, subdivision 8, to
provide for costs and community-based peer
recovery support services that are not
otherwise eligible for reimbursement under
Minnesota Statutes, section 254B.05, as part
of the continuum of care for substance use
disorders. The general fund base for this
appropriation is $2,000,000 in fiscal year 2024
and $0 in fiscal year 2025

(c) Base Level Adjustment. The general fund
base is deleted text begin $4,636,000deleted text end new text begin $3,886,000new text end in fiscal year
2024 and deleted text begin $2,636,000deleted text end new text begin $1,886,000new text end in fiscal year
2025. The opiate epidemic response fund base
is $500,000 in fiscal year 2024 and $0 in fiscal
year 2025.

Sec. 68.

Laws 2021, First Special Session chapter 7, article 16, section 3, subdivision 2,
is amended to read:

Subd. 2.

Health Improvement

Appropriations by Fund
General	123,714,000	124,000,000
State Government Special Revenue	11,967,000	11,290,000
Health Care Access	37,512,000	36,832,000
Federal TANF	11,713,000	11,713,000

(a) TANF Appropriations. (1) $3,579,000 in
fiscal year 2022 and $3,579,000 in fiscal year
2023 are from the TANF fund for home
visiting and nutritional services listed under
Minnesota Statutes, section 145.882,
subdivision 7, clauses (6) and (7). Funds must
be distributed to community health boards
according to Minnesota Statutes, section
145A.131, subdivision 1;

(2) $2,000,000 in fiscal year 2022 and
$2,000,000 in fiscal year 2023 are from the
TANF fund for decreasing racial and ethnic
disparities in infant mortality rates under
Minnesota Statutes, section 145.928,
subdivision 7;

(3) $4,978,000 in fiscal year 2022 and
$4,978,000 in fiscal year 2023 are from the
TANF fund for the family home visiting grant
program according to Minnesota Statutes,
section 145A.17. $4,000,000 of the funding
in each fiscal year must be distributed to
community health boards according to
Minnesota Statutes, section 145A.131,
subdivision 1. $978,000 of the funding in each
fiscal year must be distributed to tribal
governments according to Minnesota Statutes,
section 145A.14, subdivision 2a;

(4) $1,156,000 in fiscal year 2022 and
$1,156,000 in fiscal year 2023 are from the
TANF fund for family planning grants under
Minnesota Statutes, section 145.925; and

(5) the commissioner may use up to 6.23
percent of the funds appropriated from the
TANF fund each fiscal year to conduct the
ongoing evaluations required under Minnesota
Statutes, section 145A.17, subdivision 7, and
training and technical assistance as required
under Minnesota Statutes, section 145A.17,
subdivisions 4 and 5.

(b) TANF Carryforward. Any unexpended
balance of the TANF appropriation in the first
year of the biennium does not cancel but is
available for the second year.

(c) Tribal Public Health Grants. $500,000
in fiscal year 2022 and $500,000 in fiscal year
2023 are from the general fund for Tribal
public health grants under Minnesota Statutes,
section 145A.14, for public health
infrastructure projects as defined by the Tribal
government.

(d) Public Health Infrastructure Funds.
$6,000,000 in fiscal year 2022 and $6,000,000
in fiscal year 2023 are from the general fund
for public health infrastructure funds to
distribute to community health boards and
Tribal governments to support their ability to
meet national public health standards.

(e) Public Health System Assessment and
Oversight. $1,500,000 in fiscal year 2022 and
$1,500,000 in fiscal year 2023 are from the
general fund for the commissioner to assess
the capacity of the public health system to
meet national public health standards and
oversee public health system improvement
efforts.

(f) Health Professional Education Loan
Forgiveness. Notwithstanding the priorities
and distribution requirements under Minnesota
Statutes, section 144.1501, $3,000,000 in
fiscal year 2022 and $3,000,000 in fiscal year
2023 are from the general fund for loan
forgiveness under article 3, section 43, for
individuals who are eligible alcohol and drug
counselors, eligible medical residents, or
eligible mental health professionals, as defined
in article 3, section 43. The general fund base
for this appropriation is $2,625,000 in fiscal
year 2024 and $0 in fiscal year 2025. The
health care access fund base for this
appropriation is $875,000 in fiscal year 2024,
$3,500,000 in fiscal year 2025, and $0 in fiscal
year 2026. The general fund amounts in this
paragraph are available until March 31, 2024.
This paragraph expires on April 1, 2024.

(g) Mental Health Cultural Community
Continuing Education Grant Program.
$500,000 in fiscal year 2022 and $500,000 in
fiscal year 2023 are from the general fund for
the mental health cultural community
continuing education grant program. This is
a onetime appropriation

(h) Birth Records; Homeless Youth. $72,000
in fiscal year 2022 and $32,000 in fiscal year
2023 are from the state government special
revenue fund for administration and issuance
of certified birth records and statements of no
vital record found to homeless youth under
Minnesota Statutes, section 144.2255.

(i) Supporting Healthy Development of
Babies During Pregnancy and Postpartum.
$260,000 in fiscal year 2022 and $260,000 in
fiscal year 2023 are from the general fund for
a grant to the Amherst H. Wilder Foundation
for the African American Babies Coalition
initiative for community-driven training and
education on best practices to support healthy
development of babies during pregnancy and
postpartum. Grant funds must be used to build
capacity in, train, educate, or improve
practices among individuals, from youth to
elders, serving families with members who
are Black, indigenous, or people of color,
during pregnancy and postpartum. This is a
onetime appropriation and is available until
June 30, 2023.

(j) Dignity in Pregnancy and Childbirth.
$494,000 in fiscal year 2022 and $200,000 in
fiscal year 2023 are from the general fund for
purposes of Minnesota Statutes, section
144.1461. Of this appropriation: (1) $294,000
in fiscal year 2022 is for a grant to the
University of Minnesota School of Public
Health's Center for Antiracism Research for
Health Equity, to develop a model curriculum
on anti-racism and implicit bias for use by
hospitals with obstetric care and birth centers
to provide continuing education to staff caring
for pregnant or postpartum women. The model
curriculum must be evidence-based and must
meet the criteria in Minnesota Statutes, section
144.1461, subdivision 2, paragraph (a); and
(2) $200,000 in fiscal year 2022 and $200,000
in fiscal year 2023 are for purposes of
Minnesota Statutes, section 144.1461,
subdivision 3.

(k) Congenital Cytomegalovirus (CMV). (1)
$196,000 in fiscal year 2022 and $196,000 in
fiscal year 2023 are from the general fund for
outreach and education on congenital
cytomegalovirus (CMV) under Minnesota
Statutes, section 144.064.

(2) Contingent on the Advisory Committee on
Heritable and Congenital Disorders
recommending and the commissioner of health
approving inclusion of CMV in the newborn
screening panel in accordance with Minnesota
Statutes, section 144.065, subdivision 3,
paragraph (d), $656,000 in fiscal year 2023 is
from the state government special revenue
fund for follow-up services.

(l) Nonnarcotic Pain Management and
Wellness. $649,000 in fiscal year 2022 is from
the general fund for nonnarcotic pain
management and wellness in accordance with
Laws 2019, chapter 63, article 3, section 1,
paragraph (n).

(m) Base Level Adjustments. The general
fund base is deleted text begin $120,451,000deleted text end new text begin $121,201,000 new text end in
fiscal year 2024 and deleted text begin $115,594,000deleted text end
new text begin $116,344,000 new text end in fiscal year 2025new text begin , of which
$750,000 in fiscal year 2024 and $750,000 in
fiscal year 2025 are for fetal alcohol spectrum
disorders prevention grants under Minnesota
Statutes, section 145.267new text end . The health care
access fund base is $38,385,000 in fiscal year
2024 and $40,644,000 in fiscal year 2025.

Sec. 69. new text begin DIRECTION TO COMMISSIONER OF HEALTH; J-1 VISA WAIVER
PROGRAM RECOMMENDATION.
new text end

new text begin (a) For purposes of this section:
new text end

new text begin (1) "Department of Health recommendation" means a recommendation from the state
Department of Health that a foreign medical graduate should be considered for a J-1 visa
waiver under the J-1 visa waiver program; and
new text end

new text begin (2) "J-1 visa waiver program" means a program administered by the United States
Department of State under United States Code, title 8, section 1184(l), in which a waiver
is sought for the requirement that a foreign medical graduate with a J-1 visa must return to
the graduate's home country for two years at the conclusion of the graduate's medical study
before applying for employment authorization in the United States.
new text end

new text begin (b) In administering the program to issue Department of Health recommendations for
purposes of the J-1 visa waiver program, the commissioner of health shall allow an applicant
to submit to the commissioner evidence that the foreign medical graduate for whom the
waiver is sought is licensed to practice medicine in Minnesota in place of evidence that the
foreign medical graduate has passed steps 1, 2, and 3 of the United States Medical Licensing
Examination.
new text end

Sec. 70. new text begin APPROPRIATION; ELIMINATION OF DUPLICATIVE BACKGROUND
STUDIES.
new text end

new text begin $522,000 in fiscal year 2023 is appropriated from the state government special revenue
fund to the commissioner of human services to implement provisions to eliminate duplicative
background studies. The state government special revenue fund base for this appropriation
is $334,000 in fiscal year 2024, $574,000 in fiscal year 2025, $170,000 in fiscal year 2026,
and $170,000 in fiscal year 2027.
new text end

Sec. 71. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make any necessary cross-reference changes required as a
result of the amendments in this article to Minnesota Statutes, sections 144A.01; 144A.03,
subdivision 1; 144A.04, subdivisions 4 and 6; and 144A.06.
new text end

Sec. 72. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 254A.21, new text end new text begin is repealed effective July 1, 2023.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2021 Supplement, section 144G.07, subdivision 6, new text end new text begin is repealed.
new text end

HF 4065

Bill Text Versions

ARTICLE 1

DEPARTMENT OF HEALTH

Section 1.

Subdivision 1.

Background studies required.

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 4.

Resident assessment schedule.

Sec. 3.

Subd. 2.

deleted text begin By-product nucleardeleted text end new text begin Byproductnew text end material.

Sec. 4.

Subd. 4.

Radioactive material.

Sec. 5.

144.1503 HOME AND COMMUNITY-BASED SERVICES EMPLOYEE SCHOLARSHIP new text begin AND LOAN FORGIVENESS new text end PROGRAM.

Subdivision 1.

Creation.

new text begin Subd. 1a. new text end

new text begin Definition. new text end

Subd. 2.

Provision of grantsnew text begin ; scholarships; loan forgivenessnew text end .

Subd. 3.

Eligibility.

Subd. 4.

deleted text begin Home and community-based services employee scholarship programdeleted text end new text begin Duties of participating qualifying providersnew text end .

Subd. 5.

deleted text begin Participating providersdeleted text end new text begin Request for proposalsnew text end .

Subd. 6.

Application requirements.

Subd. 7.

Selection process.

Subd. 8.

Reporting requirements.

Sec. 6.

Subd. 4.

Career guidance and support services.

Sec. 7.

Subd. 6.

Cost.

Sec. 8.

144.497 ST ELEVATION MYOCARDIAL INFARCTION.

Sec. 9.

Subdivision 1.

Restricted construction or modification.

Sec. 10.

Subd. 4.

Definitions.

Sec. 11.

Subdivision 1.

Definitions.

Sec. 12.

144A.01 DEFINITIONS.

Subdivision 1.

Scope.

Subd. 2.

Commissioner of health.

Subd. 3.

Board of Executivesnew text begin for Long Term Services and Supportsnew text end .

Subd. 3a.

Certified.

Subd. 4.

Controlling person.

Subd. 4a.

Emergency.

Subd. 5.

Nursing home.

Subd. 6.

Nursing care.

Subd. 7.

Uncorrected violation.

Subd. 8.

Managerial deleted text begin employeedeleted text end new text begin officialnew text end .

Subd. 9.

Nursing home administrator.

Subd. 10.

Repeated violation.

144.1503 HOME AND COMMUNITY-BASED SERVICES EMPLOYEE
SCHOLARSHIP new text begin AND LOAN FORGIVENESS new text end PROGRAM.

deleted text begin Home and community-based services employee scholarship programdeleted text end new text begin Duties
of participating qualifying providersnew text end .

Managerial deleted text begin employeedeleted text end new text begin officialnew text end or licensed administrator; employment
prohibitions.

new text begin [144A.32] CONSIDERATION OF APPLICATIONS.
new text end