Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 90

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/27/2019 10:01am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
1.15 1.16 1.17
1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
4.20
4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14
7.15 7.16 7.17 7.18
7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26
8.27
9.1 9.2 9.3 9.4 9.5 9.6
9.7
9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25
14.26
14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6
21.7
21.8 21.9 21.10 21.11
21.12
21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11
23.12
23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 24.1 24.2 24.3
24.4
24.5 24.6 24.7 24.8 24.9 24.10 24.11
24.12
24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 25.1
25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20
29.21
29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 30.1 30.2 30.3
30.4 30.5
30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16
30.17
30.18 30.19 30.20 30.21 30.22 30.23 30.24
30.25
30.26 30.27 30.28 30.29
31.1 31.2 31.3 31.4 31.5
31.6 31.7
31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22
31.23
31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9
33.10
33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18
33.19
33.20 33.21
33.22 33.23 33.24 33.25 33.26 33.27 33.28
33.29
34.1 34.2 34.3 34.4
34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14
35.15
35.16 35.17 35.18 35.19
35.20
35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 36.1 36.2
36.3
36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12
36.13
36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22
36.23
36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31
37.1
37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10
37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26
37.27
37.28 37.29 37.30 37.31 38.1 38.2 38.3
38.4
38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23
39.24
39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22
40.23
40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12
41.13
41.14 41.15
41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20
43.21
43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19
55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8
56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20
60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17
61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13
62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24
62.25 62.26 62.27 62.28
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17
69.18
69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17
70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5
71.6
71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12
73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14
77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2
82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7
83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14
89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16
93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7
96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5
98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10
100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 103.1 103.2 103.3 103.4 103.5 103.6 103.7
103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22
107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22
118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9
120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24
120.25
120.26 120.27 120.28 120.29 120.30 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29
122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21
123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29
125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 132.35 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27
135.28 135.29 135.30 135.31 135.32 135.33 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1
137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27
137.28 137.29 137.30 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22
138.23 138.24 138.25 138.26 138.27 138.28 138.29 139.1 139.2 139.3 139.4 139.5 139.6 139.7
139.8 139.9 139.10 139.11 139.12
139.13 139.14 139.15
139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26
140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 142.1 142.2
142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 143.1 143.2
143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20
144.21 144.22
144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23
145.24
145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 146.1 146.2 146.3 146.4 146.5
146.6
146.7 146.8 146.9 146.10

A bill for an act
relating to health; establishing consumer protections for residents of assisted living
establishments; establishing an assisted living establishment license; providing
penalties; granting rulemaking authority; requiring reports; amending Minnesota
Statutes 2018, sections 144.122; 144.651, subdivision 1, by adding a subdivision;
144A.4791, subdivision 10; 144D.01, subdivisions 2a, 4, 5, by adding subdivisions;
144D.015; 144D.02; 144D.04, subdivision 1; 144D.05; 144D.06; 144D.09;
144D.10; 144D.11; 325F.72, subdivisions 1, 4; proposing coding for new law in
Minnesota Statutes, chapter 144; proposing coding for new law as Minnesota
Statutes, chapters 144I; 144J; repealing Minnesota Statutes 2018, sections 144A.44;
144A.441; 144A.442; 144D.01; 144D.015; 144D.02; 144D.025; 144D.03; 144D.04;
144D.045; 144D.05; 144D.06; 144D.065; 144D.066; 144D.07; 144D.08; 144D.09;
144D.10; 144D.11; 144G.01; 144G.02; 144G.03; 144G.04; 144G.05; 144G.06.

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

ARTICLE 1

ASSISTED LIVING AND HOME CARE RIGHTS AND CONSUMER
PROTECTIONS

Section 1.

new text begin [144J.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of this chapter, the following terms have
the meanings given them unless the context clearly indicates otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Adult. new text end

new text begin "Adult" means a person who is at least 18 years of age.
new text end

new text begin Subd. 3. new text end

new text begin Affiliated home care provider. new text end

new text begin "Affiliated home care provider" means a home
care provider licensed under chapter 144A that provides home care services to residents of
an assisted living establishment under a business relationship or other affiliation with the
establishment.
new text end

new text begin Subd. 4. new text end

new text begin Agent. new text end

new text begin "Agent" means an employee of, or person or entity contracting or
affiliated with, the assisted living establishment.
new text end

new text begin Subd. 5. new text end

new text begin Assisted living contract. new text end

new text begin "Assisted living contract" means the legal agreement
between an assisted living establishment and a resident for the provision of:
new text end

new text begin (1) housing;
new text end

new text begin (2) home care services, whether directly or through an affiliated home care provider;
and
new text end

new text begin (3) any other services.
new text end

new text begin Subd. 6. new text end

new text begin Assisted living establishment. new text end

new text begin (a) "Assisted living establishment" means an
entity that is governed under chapter 144G or, after July 1, 2020, is licensed by the
commissioner of health to provide housing and offer or provide home care services directly
or through an affiliated home care provider. For the purposes of this chapter, unless otherwise
provided, an assisted living establishment also includes a housing with services establishment
registered under chapter 144D.
new text end

new text begin (b) Assisted living establishment does not include:
new text end

new text begin (1) shelters, transitional housing, or any other residential units serving exclusively or
primarily homeless individuals, as defined in section 116L.361;
new text end

new text begin (2) a nursing home licensed under chapter 144A;
new text end

new text begin (3) a hospital, as defined in section 144.50, subdivision 2;
new text end

new text begin (4) a boarding care home, as defined in Minnesota Rules, part 4655.0100, subpart 3;
new text end

new text begin (5) a supervised living facility, as defined in Minnesota Rules, part 4665.0100, subpart
10;
new text end

new text begin (6) a board and lodging establishment licensed under chapter 157 or 245G or governed
under Minnesota Rules, parts 9520.0500 to 9520.0670;
new text end

new text begin (7) any establishment that serves as a shelter for battered women or other similar purpose;
new text end

new text begin (8) adult foster care licensed by the Department of Human Services;
new text end

new text begin (9) private homes in which the residents are related to the providers of services by
kinship, law, or affinity;
new text end

new text begin (10) residential settings for persons with developmental disabilities in which the services
are licensed under chapter 245D;
new text end

new text begin (11) a home-sharing arrangement, including but not limited to arrangements where an
older person, person with a disability, or single-parent family makes lodging in a private
residence available to another person in exchange for services or rent, or both;
new text end

new text begin (12) a condominium, cooperative, common interest community, or owners' association
organized under chapter 515B where at least 80 percent of the units that comprise the
condominium, cooperative, common interest community, or association are occupied by
individuals who are the owners, members, or shareholders of the units;
new text end

new text begin (13) services for persons with developmental disabilities that are provided under a license
under chapter 245D; or
new text end

new text begin (14) a temporary family health care dwelling as defined in section 394.307, subdivision
1.
new text end

new text begin Subd. 7. new text end

new text begin Client. new text end

new text begin "Client" means a person to whom an unaffiliated home care provider
provides home care services under a home care contract.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 9. new text end

new text begin Designated representative. new text end

new text begin "Designated representative" means:
new text end

new text begin (1) a court-appointed guardian;
new text end

new text begin (2) a conservator;
new text end

new text begin (3) an attorney-in-fact;
new text end

new text begin (4) a health care agent, as defined in section 145C.01, subdivision 2; or
new text end

new text begin (5) a person designated in writing by the resident and identified in the resident's records
on file with the assisted living establishment.
new text end

new text begin Subd. 10. new text end

new text begin Home care provider. new text end

new text begin "Home care provider" means an affiliated or unaffiliated
home care provider.
new text end

new text begin Subd. 11. new text end

new text begin Home care service agreement or service agreement. new text end

new text begin "Home care service
agreement" or "service agreement" means the written plan described in section 144A.43,
subdivision 27, between the home care client or the client's designated representative and
an unaffiliated home care provider describing the home care services that will be provided
to the client.
new text end

new text begin Subd. 12. new text end

new text begin Home care services. new text end

new text begin "Home care services" means:
new text end

new text begin (1) the basic home care services described in section 144A.471, subdivision 6, clauses
(1) to (5);
new text end

new text begin (2) the comprehensive home care services described in section 144A.471, subdivision
7;
new text end

new text begin (3) monitoring or supervising the resident's functioning and needs to ensure the resident's
well-being;
new text end

new text begin (4) assistance with laundry, shopping, and household chores;
new text end

new text begin (5) housekeeping services;
new text end

new text begin (6) providing assistance with meals or food preparation;
new text end

new text begin (7) help with arranging for or providing transportation to medical, social, recreational,
personal, or social service appointments; or
new text end

new text begin (8) social or recreational services.
new text end

new text begin Subd. 13. new text end

new text begin Housing with services establishment. new text end

new text begin "Housing with services establishment"
has the meaning given in section 144D.01, subdivision 4.
new text end

new text begin Subd. 14. new text end

new text begin Resident. new text end

new text begin "Resident" means a person living in an assisted living establishment.
new text end

new text begin Subd. 15. new text end

new text begin Unaffiliated home care provider. new text end

new text begin "Unaffiliated home care provider" means
a home care provider regularly engaged for a fee in the delivery of one or more home care
services directly to a client in any setting, including to a resident of an assisted living
establishment, provided the home care provider has no business relationship or affiliation
with the assisted living establishment where the client contracting for or receiving home
care services resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 2.

new text begin [144J.02] ASSISTED LIVING CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Contract required. new text end

new text begin (a) No assisted living establishment may offer or
provide housing, home care services, or other services to a resident unless it has executed
a written contract with the resident.
new text end

new text begin (b) The contract must:
new text end

new text begin (1) be signed by both:
new text end

new text begin (i) the resident or the resident's designated representative; and
new text end

new text begin (ii) the owner or owners, or an agent of the owner or owners, of the assisted living
establishment;
new text end

new text begin (2) contain all the terms concerning the provision of:
new text end

new text begin (i) housing; and
new text end

new text begin (ii) services, including all home care services, whether provided directly by the assisted
living establishment or by an affiliated home care provider.
new text end

new text begin (c) An assisted living establishment must:
new text end

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

new text begin (2) give a complete copy of any signed contract and any addendums, and all supporting
documents and attachments, to the resident or the resident's designated representative
promptly after a contract and any addendum has been signed by the resident or the resident's
designated representative.
new text end

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

new text begin (e) Before or at the time of execution of an assisted living contract, the assisted living
establishment must offer the resident the opportunity to identify a designated representative
in writing in the contract. The contract must contain a page or space for the name and contact
information of the designated representative and a box the resident must initial if the resident
declines to name a designated representative. Notwithstanding paragraph (f), the resident
has the right at any time to rescind the declination or add or change the name and contact
information of the designated representative.
new text end

new text begin (f) The resident must agree in writing to any additions or amendments to the contract.
Upon agreement between the resident or resident's designated representative and the assisted
living establishment, a new contract or an addendum to the existing contract must be executed
and signed.
new text end

new text begin Subd. 2. new text end

new text begin Contents of contract; contact information. new text end

new text begin (a) An assisted living contract
must include in a conspicuous place and manner on the contract, the legal name, the license
or registration number of the assisted living establishment, and the license number of any
affiliated home care provider.
new text end

new text begin (b) An assisted living contract must include the name, telephone number, and physical
mailing address, which may not be a public or private post office box, of:
new text end

new text begin (1) the assisted living establishment and any affiliated home care provider;
new text end

new text begin (2) the owner or owners of the assisted living establishment and of any affiliated home
care provider;
new text end

new text begin (3) the managing agent of the assisted living establishment; and
new text end

new text begin (4) at least one natural person who is authorized to accept service of process on behalf
of the assisted living establishment and each affiliated home care provider.
new text end

new text begin Subd. 3. new text end

new text begin Duration of contract. new text end

new text begin An assisted living contract must include:
new text end

new text begin (1) a description of all the terms and conditions of the contract, including a description
of and any limitations to the housing and home care services to be provided for the contracted
amount;
new text end

new text begin (2) a delineation of the cost and nature of any other services to be provided for an
additional fee;
new text end

new text begin (3) 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;
new text end

new text begin (4) a delineation of the grounds under which the resident may be discharged, evicted,
or transferred or have services terminated; and
new text end

new text begin (5) billing and payment procedures and requirements.
new text end

new text begin Subd. 4. new text end

new text begin Complaint procedures. new text end

new text begin An assisted living contract must include a description
of the assisted living establishment's complaint resolution process available to residents,
including the name and contact information of the person representing the assisted living
establishment who is designated to handle and resolve complaints.
new text end

new text begin Subd. 5. new text end

new text begin Notice required. new text end

new text begin An assisted living contract must include a clear and
conspicuous notice of:
new text end

new text begin (1) the right under section 144J.13 to challenge a discharge, eviction, or transfer or
service termination;
new text end

new text begin (2) the assisted living establishment's policy regarding transfer of residents within the
establishment, under what circumstances transfer may occur, and whether or not consent
of the resident being asked to transfer is required;
new text end

new text begin (3) the toll-free complaint line for the long-term care ombudsman and the Office of
Health Facility Complaints;
new text end

new text begin (4) the resident's right to obtain services from an unaffiliated home care provider;
new text end

new text begin (5) the availability of public funds for eligible residents to pay for housing or services,
or both; and
new text end

new text begin (6) the contact information to obtain long-term care consulting services under section
256B.0911.
new text end

new text begin Subd. 6. new text end

new text begin Contracts in permanent files. new text end

new text begin Assisted living contracts and related documents
executed by each resident or the resident's designated representative must be maintained
by the assisted living establishment in files from the date of execution of the assisted living
contract until three years after the contract is terminated or expires. Assisted living contracts
and any applicable written disclosures required under section 325F.72 shall be made available
for on-site inspection by the commissioner upon request at any time.
new text end

new text begin Subd. 7. new text end

new text begin Waivers of liability prohibited. new text end

new text begin An assisted living contract must not include
a waiver of assisted living establishment liability for the health and safety or personal
property of a resident. An assisted living contract must not include any provision that the
assisted living establishment knows or should know to be deceptive, unlawful, or
unenforceable under state or federal law, nor include any provision that requires or implies
a lesser standard of care or responsibility than is required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all assisted living contracts entered
into on or after January 1, 2020. Prior to January 1, 2020, assisted living establishments are
governed by the contract requirements in Minnesota Statutes, sections 144D.04 and
144D.045.
new text end

Sec. 3.

new text begin [144J.03] HOUSING AND SERVICE-RELATED MATTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Responsibility for housing and services. new text end

new text begin The assisted living
establishment is directly responsible to the resident for all housing and service-related
matters provided directly or through an affiliated home care provider. Housing and
service-related matters include but are not limited to the handling of complaints, the provision
of notices, and the initiation of any adverse action against the resident involving housing
or services provided by the assisted living establishment or any agent, including an affiliated
home care provider.
new text end

new text begin Subd. 2. new text end

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

new text begin (a) On and after July 1, 2020, an
assisted living establishment must provide to prospective residents, the prospective resident's
designated representative, and any other person or persons the resident chooses:
new text end

new text begin (1) a written checklist listing all services permitted under the assisted living
establishment's license and identifying all services the assisted living establishment offers
to provide under the assisted living contract; and
new text end

new text begin (2) an oral explanation of the services offered under the assisted living contract.
new text end

new text begin (b) The requirements of paragraph (a) must be completed prior to the execution of an
assisted living contract.
new text end

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

new text begin Subd. 3. new text end

new text begin Reservation of rights. new text end

new text begin Nothing in this chapter or chapter 144I:
new text end

new text begin (1) requires a resident to utilize any service provided by or through, or made available
in, an assisted living establishment;
new text end

new text begin (2) prevents an assisted living establishment from requiring, as a condition of the assisted
living contract, that the resident pay for a package of services even if the resident does not
choose to utilize all or some of the services in the package;
new text end

new text begin (3) requires an assisted living establishment to fundamentally alter the nature of the
operations of the establishment in order to accommodate a resident's request; or
new text end

new text begin (4) affects the duty of an assisted living establishment to grant a resident's request for
reasonable accommodations.
new text end

Sec. 4.

new text begin [144J.04] NOTICE TO RESIDENTS OF CHANGE IN OWNERSHIP OR
MANAGEMENT.
new text end

new text begin An assisted living establishment must provide prompt written notice to the resident or
resident's designated representative of any change of legal name, telephone number, and
physical mailing address, which may not be a public or private post office box, of:
new text end

new text begin (1) the owner or owners of the assisted living establishment or affiliated home care
provider or, after July 1, 2020, the assisted living establishment or affiliated home care
provider or housing with services registrant, if different from the owner or owners of the
assisted living establishment;
new text end

new text begin (2) the manager of the assisted living establishment; and
new text end

new text begin (3) the natural person authorized to accept legal process on behalf of the assisted living
establishment or affiliated home care provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 5.

new text begin [144J.05] NOTICES IN PLAIN LANGUAGE AND LANGUAGE
ACCOMMODATIONS.
new text end

new text begin Assisted living establishments and affiliated home care providers must provide all notices
in plain language that residents can understand and make reasonable accommodations for
residents who have communication disabilities and those whose primary language is a
language other than English.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 6.

new text begin [144J.06] ASSISTED LIVING AND HOME CARE RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Assisted living establishment" includes an affiliated
home care provider.
new text end

new text begin (b) "Maltreatment" means conduct described in section 626.5572, subdivision 15, or the
intentional and nontherapeutic infliction of physical pain or injury, or any persistent course
of conduct intended to produce mental or emotional distress.
new text end

new text begin (c) "Resident" means a person residing in an assisted living establishment or any person
receiving home care services from an affiliated or unaffiliated home care provider.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin All home care providers, including those exempted from home
care licensure under section 144A.471, subdivision 8, must comply with this section and
the commissioner shall enforce this section against home care providers exempt from
licensure in the same manner as for licensees.
new text end

new text begin Subd. 3. new text end

new text begin Legislative intent. new text end

new text begin It is the intent of the legislature to promote the interests and
well-being of residents. It is the intent of this section that every resident's civil and religious
liberties, including the right to independent personal decisions and knowledge of available
choices, shall not be infringed and that the assisted living establishment or home care
provider must encourage and assist in the fullest possible exercise of these rights. The rights
established under this section for the benefit of residents do not limit the rights residents
have under other applicable law.
new text end

new text begin Subd. 4. new text end

new text begin Right to information about rights. new text end

new text begin (a) Before receiving services, residents
have the right to receive from the assisted living establishment or unaffiliated home care
provider written information about rights under this section in plain language and in terms
residents can understand. The provider must make reasonable accommodations for residents
who have communication disabilities and those who speak a language other than English.
The information must include:
new text end

new text begin (1) what recourse the resident has if rights are violated;
new text end

new text begin (2) the name, address, telephone number, and e-mail contact information of organizations
that provide advocacy and legal services for residents to enforce their rights including but
not limited to the designated protection and advocacy organization in Minnesota that provides
advice and representation to individuals with disabilities; and
new text end

new text begin (3) the name, address, telephone number, and e-mail contact information for government
agencies where the resident or private client may file a maltreatment report, complain, or
seek assistance, including the Office of Health Facility Complaints, the long-term care
ombudsman, and state and county agencies that regulate assisted living establishments and
home care providers.
new text end

new text begin (b) Upon request, residents and their designated representatives have the right to current
assisted living establishment or home care provider policies, inspection findings of state
and local health authorities, and further explanation of the rights provided under this section,
consistent with chapter 13 and section 626.557.
new text end

new text begin Subd. 5. new text end

new text begin Right to courteous treatment. new text end

new text begin Residents have the right to be treated with
courtesy and respect, and to have the resident's property treated with respect.
new text end

new text begin Subd. 6. new text end

new text begin Right to appropriate care and services. new text end

new text begin (a) Residents have the right to care
and services that are appropriate based on the resident's needs and according to an up-to-date
plan for care and services. All plans for care and services must be designed to enable residents
to achieve their highest level of emotional, psychological, physical, medical, and functional
well-being and safety.
new text end

new text begin (b) Residents have the right to receive medical and personal care and services with
continuity by people who are properly trained and competent to perform their duties and in
sufficient numbers to adequately provide the services agreed to in the assisted living contract
or home care service agreement.
new text end

new text begin Subd. 7. new text end

new text begin Right to information about individuals providing services. new text end

new text begin Residents have
the right to be told before receiving services the type and disciplines of staff who will be
providing the services, the frequency of visits proposed to be furnished, and other choices
that are available for addressing the resident's needs.
new text end

new text begin Subd. 8. new text end

new text begin Freedom from maltreatment. new text end

new text begin Residents have the right to be free from
maltreatment.
new text end

new text begin Subd. 9. new text end

new text begin Right to participate in care and service planning; notice of change. new text end

new text begin Residents
have the right to actively participate in the planning, modification, and evaluation of their
care and services. This right includes:
new text end

new text begin (1) the opportunity to discuss care, services, treatment, and alternatives with the
appropriate caregivers;
new text end

new text begin (2) the opportunity to request and participate in formal care conferences;
new text end

new text begin (3) the right to include a family member or the resident's designated representative, or
both; and
new text end

new text begin (4) the right to be told in advance of, and take an active part in decisions regarding, any
recommended changes in the plan for care and services.
new text end

new text begin Subd. 10. new text end

new text begin Right to disclosure of contract services and rights to purchase outside
services.
new text end

new text begin (a) Residents have the right to be informed, prior to receiving care or services
from an affiliated or unaffiliated home care provider and during their stay in an assisted
living establishment of:
new text end

new text begin (1) care and services which are included under the terms of the assisted living contract
and the home care service agreement, if applicable;
new text end

new text begin (2) information about care and other public services or private services that may be
available in the community at additional charges; and
new text end

new text begin (3) any limits to the services available from the assisted living establishment or an
unaffiliated home care provider.
new text end

new text begin (b) If an assisted living contract or home care service agreement permits changes in
services, residents have the right to reasonable, advance notice of any change.
new text end

new text begin (c) Residents have the right to purchase or rent goods or services not included in the
assisted living contract rate or home care service agreement rate from a supplier of their
choice unless otherwise provided by law. The supplier must ensure that these purchases are
sufficient to meet the medical or treatment needs of the residents.
new text end

new text begin (d) Residents have the right to change home care providers after services have begun,
within the limits of health insurance, long-term care insurance, medical assistance, or other
health programs, and contractual agreements.
new text end

new text begin (e) Home care providers must make every effort to assist residents in obtaining
information regarding whether the Medicare, medical assistance, or other public program
will pay for any or all of the services.
new text end

new text begin Subd. 11. new text end

new text begin Right to information about charges. new text end

new text begin (a) Before services are initiated, residents
have the right to be notified:
new text end

new text begin (1) of home care provider charges for the services;
new text end

new text begin (2) as to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and
new text end

new text begin (3) what charges the resident may be responsible for paying.
new text end

new text begin (b) If an assisted living contract or home care service agreement permits changes in
charges, residents have the right to reasonable, advance notice of any change.
new text end

new text begin Subd. 12. new text end

new text begin Right to information about health care treatment. new text end

new text begin Where applicable,
residents have the right to be given by their physicians complete and current information
concerning their diagnosis, cognitive functioning level, treatment, alternatives, risks, and
prognosis as required by the physician's legal duty to disclose. This information must be in
terms and language the residents can reasonably be expected to understand. This information
shall include the likely medical or major psychological results of the treatment and its
alternatives. Residents receiving home care services from the assisted living establishment
directly, or through an affiliated home care provider, may be accompanied by a family
member or other designated representative, or both.
new text end

new text begin Subd. 13. new text end

new text begin Right to refuse services or care. new text end

new text begin (a) Residents have the right to refuse services
or care.
new text end

new text begin (b) Home care providers and assisted living establishments must document in the
resident's record that the home care provider informed residents who refuse care, services,
treatment, medication, or dietary restrictions of the likely medical, health-related, or
psychological consequences of the refusal.
new text end

new text begin (c) In cases where a resident is incapable of understanding the circumstances but has
not been adjudicated incompetent, or when legal requirements limit the right to refuse
medical treatment, the conditions and circumstances must be fully documented by the
attending physician in the resident's record.
new text end

new text begin Subd. 14. new text end

new text begin Right to personal, treatment, and communication privacy. new text end

new text begin (a) In assisted
living establishments, residents have the right to:
new text end

new text begin (1) every 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 where clearly inadvisable;
new text end

new text begin (2) respectfulness and privacy as they relate to the resident's medical and personal care
program. 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 end

new text begin (3) communicate privately with persons of their choice;
new text end

new text begin (4) enter and, if not residing in a secure assisted living establishment, leave the facility
as they choose;
new text end

new text begin (5) private communication with a representative of a protection and advocacy services
agency; and
new text end

new text begin (6) access Internet service at their expense, unless offered by the home care provider or
assisted living establishment.
new text end

new text begin (b) Personal mail must be sent by the assisted living establishment without interference
and received unopened unless medically or programmatically contraindicated and
documented by the physician or advanced practice registered nurse in the resident's record.
Residents must be provided access to a telephone to make and receive calls as well as speak
privately. Assisted living establishments that are unable to provide a private area must make
reasonable arrangements to accommodate the privacy of residents' calls.
new text end

new text begin Subd. 15. new text end

new text begin Right to confidentiality of records. new text end

new text begin Residents have the right to have personal,
financial, and medical information kept private, to approve or refuse release of information
to any outside party, and to be advised of the assisted living establishment and home care
providers' policies and procedures regarding disclosure of the information. Residents must
be notified when personal records are requested by any outside party.
new text end

new text begin Subd. 16. new text end

new text begin Right to visitors and social participation. new text end

new text begin (a) Residents have the right of
reasonable access at reasonable times, or any time when the resident's welfare is in immediate
jeopardy, to any available rights protection services and advocacy services.
new text end

new text begin (b) Residents have the right to meet with or receive visits at reasonable times by the
resident's guardian, conservator, health care agent, family, attorney, advocate, religious or
social work counselor, or any person of the resident's choosing, or at any time when the
resident's welfare is in immediate jeopardy.
new text end

new text begin (c) Residents have the right to participate in commercial, religious, social, community,
and political activities without interference and at their discretion if the activities do not
infringe on the right to privacy of other residents.
new text end

new text begin Subd. 17. new text end

new text begin Right to designate representative. new text end

new text begin Residents have the right to name a
designated representative. Before or at the time of execution of an assisted living contract,
assisted living establishments must offer the resident the opportunity to identify a designated
representative in writing in the contract. Residents have the right at any time at or after they
enter into an assisted living contract to name a designated representative.
new text end

new text begin Subd. 18. new text end

new text begin Right to form family and advisory councils. new text end

new text begin Residents in assisted living
establishments and their families have the right to organize, maintain, and participate in
resident family and advisory councils. Assisted living establishments must provide assistance
and space for meetings and afford privacy. Staff or visitors may attend only upon the council's
invitation. A staff person must be designated the responsibility of providing this assistance
and responding to written requests that result from council meetings. Resident and family
councils must be encouraged to make recommendations regarding establishment policies.
new text end

new text begin Subd. 19. new text end

new text begin Right to complain. new text end

new text begin Residents have the right to:
new text end

new text begin (1) complain or inquire about either care or services that are provided or not provided;
new text end

new text begin (2) complain about the lack of courtesy or respect to the resident or to the resident's
property;
new text end

new text begin (3) know how to contact the agent of the assisted living establishment or unaffiliated
home care provider who is responsible for handling complaints and inquiries;
new text end

new text begin (4) have the assisted living establishment or the unaffiliated home care provider conduct
an investigation, attempt to resolve, and provide a timely response to the complaint or
inquiry; and
new text end

new text begin (5) recommend changes in policies and services to staff and others of their choice.
new text end

new text begin Subd. 20. new text end

new text begin Right to assert rights. new text end

new text begin Residents, their designated representatives, or any
person or persons on behalf of the resident have the right to assert the rights granted to
residents under this section or any other section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 7.

new text begin [144J.07] ELECTRONIC MONITORING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "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 space
and is used to monitor the resident or activities in the room or private living space.
new text end

new text begin (c) "Facility" means a facility that is:
new text end

new text begin (1) licensed as a nursing home under chapter 144A;
new text end

new text begin (2) licensed as a boarding care home under sections 144.50 to 144.56; or
new text end

new text begin (3) an assisted living establishment, as defined in section 144J.01, subdivision 6.
new text end

new text begin (d) "Resident" means a person 18 years of age or older residing in a facility.
new text end

new text begin (e) "Resident representative" means a court-appointed guardian, health care agent under
section 145C.01, subdivision 2, or a person chosen by the resident and identified in the
resident's records on file with the facility.
new text end

new text begin Subd. 2. new text end

new text begin Electronic monitoring authorized. new text end

new text begin (a) A facility must allow a resident or a
resident representative to conduct electronic monitoring of the resident's room or private
living space as provided in this section.
new text end

new text begin (b) Nothing in this section precludes the use of electronic monitoring of health care
allowed under other law.
new text end

new text begin Subd. 3. new text end

new text begin Consent on behalf of a resident. new text end

new text begin (a) If the resident has not affirmatively
objected to electronic monitoring and the resident's health care provider determines that the
resident lacks the ability to understand and appreciate the nature and consequences of
electronic monitoring, the resident representative may consent on behalf of the resident,
subject to paragraph (b). For purposes of this subdivision, a resident affirmatively objects
when the resident orally, visually, or through the use of auxiliary aids or services declines
electronic monitoring.
new text end

new text begin (b) Prior to a resident representative consenting on behalf of a resident, the resident must
be asked by the resident representative if the resident wants electronic monitoring to be
conducted. The resident representative must explain to the resident:
new text end

new text begin (1) the reason for placing the electronic monitoring device;
new text end

new text begin (2) the type of electronic monitoring device to be used;
new text end

new text begin (3) that the resident may place conditions on the electronic monitoring device's use, as
provided under subdivision 7, paragraph (a), clause (6);
new text end

new text begin (4) with whom the recording may be shared under this section; and
new text end

new text begin (5) the resident's ability to decline all recording.
new text end

new text begin The resident's response must be documented on the notification and consent form.
new text end

new text begin (c) A resident may set conditions for use of the electronic monitoring device, including
the list of standard conditions provided under subdivision 7, paragraph (a), clause (6).
new text end

new text begin (d) A resident may request that the electronic monitoring device be turned off or the
visual or audio recording component of the electronic monitoring device be blocked at any
time.
new text end

new text begin (e) A resident may withdraw the consent made on the resident's behalf at any time by
affirmatively objecting to the monitoring.
new text end

new text begin Subd. 4. new text end

new text begin Roommate consent. new text end

new text begin (a) Prior to implementing electronic monitoring, a resident
or a resident representative must obtain the written consent on the notification and consent
form of any other resident residing in the room or private living space.
new text end

new text begin (b) If the roommate has not affirmatively objected to the electronic monitoring in
accordance with this subdivision and the roommate's physician determines that the roommate
lacks the ability to understand and appreciate the nature and consequences of electronic
monitoring, the roommate's resident representative may consent on behalf of the roommate.
The roommate and the roommate's resident representative must be told:
new text end

new text begin (1) the reason for placing the electronic monitoring device;
new text end

new text begin (2) the type of electronic monitoring device to be used;
new text end

new text begin (3) that they can place conditions on the electronic monitoring device's use, including
those listed under subdivision 7, paragraph (a), clause (6);
new text end

new text begin (4) with whom the recording may be shared under this section; and
new text end

new text begin (5) their ability to decline all recording.
new text end

new text begin (c) A roommate or roommate's resident representative may consent to electronic
monitoring with any conditions of the roommate's choosing, including the list of standard
conditions listed under subdivision 7, paragraph (a), clause (6). A roommate may request
that the visual or audio recording component of the electronic monitoring device be disabled
or blocked at any time.
new text end

new text begin (d) The roommate or roommate's resident representative may withdraw consent at any
time by submitting written notice to the facility.
new text end

new text begin (e) Any resident currently conducting electronic monitoring must obtain consent from
any new roommate before the resident continues authorized electronic monitoring. If a new
roommate does not consent to electronic monitoring and the resident conducting the electronic
monitoring does not remove the electronic monitoring device, the facility must remove the
electronic monitoring device.
new text end

new text begin Subd. 5. new text end

new text begin Reasonable accommodation. new text end

new text begin (a) If a resident of a facility who is residing in
a shared room wants to conduct electronic monitoring and another resident living in or
moving into the same shared room refuses to consent to the use of an electronic monitoring
device, the facility must make a reasonable attempt to accommodate the resident who wants
to conduct electronic monitoring. A facility has met the requirement to make a reasonable
attempt when upon notification that a roommate has not consented to the use of an electronic
monitoring device in the resident's room, the facility offers to move the resident to another
shared room that is available at the time of the request.
new text end

new text begin (b) If a resident chooses to reside in a private room in a facility in order to accommodate
the use of an electronic monitoring device, the resident must pay the private room rate. If
a facility is unable to accommodate a resident due to lack of space, the facility must
reevaluate the request every two weeks until the request is fulfilled. Notwithstanding any
other provision of this chapter, a facility is not required to provide a private room or a
single-bed room to a resident who is not a private-pay resident.
new text end

new text begin Subd. 6. new text end

new text begin Notice of monitoring to the facility; exceptions to required notice. new text end

new text begin (a)
Electronic monitoring may begin only after the resident or resident representative who
intends to place an electronic monitoring device completes and submits to the facility a
notification and consent form prescribed by the commissioner.
new text end

new text begin (b) Notwithstanding paragraph (a), the resident or resident representative who intends
to place an electronic monitoring device may do so without submitting a notification and
consent form to the facility:
new text end

new text begin (1) for up to 30 days if the resident or the resident representative reasonably fears
retaliation against the resident by the facility and timely submits a Minnesota Adult Abuse
Reporting Center report or police report, or both, upon evidence from the electronic
monitoring device that suspected maltreatment has occurred;
new text end

new text begin (2) for up to 30 days if there has not been a timely written response from the facility to
a written communication from the resident or resident representative expressing a concern
prompting the desire for placement of an electronic monitoring device; or
new text end

new text begin (3) for up to 30 days if the resident or resident representative has already submitted a
Minnesota Adult Abuse Reporting Center report or police report regarding the resident's
concerns prompting the desire for placement.
new text end

new text begin Subd. 7. new text end

new text begin Notification and consent form requirements. new text end

new text begin (a) The notification and consent
form must include, at a minimum, the following information:
new text end

new text begin (1) the resident's signed consent to electronic monitoring or the signature of the resident
representative, if applicable. If the resident representative signs the consent form, the form
must document the following:
new text end

new text begin (i) the date the resident was asked if the resident wants electronic monitoring to be
conducted;
new text end

new text begin (ii) who was present when the resident was asked; and
new text end

new text begin (iii) an acknowledgment that the resident did not affirmatively object;
new text end

new text begin (2) the resident's roommate's signed consent or the signature of the roommate's resident
representative, if applicable. If a roommate's resident representative signs the consent form,
the form must document the following:
new text end

new text begin (i) the date the roommate was asked if the roommate consents to electronic monitoring;
new text end

new text begin (ii) who was present when the roommate was asked; and
new text end

new text begin (iii) an acknowledgment that the roommate did not affirmatively object;
new text end

new text begin (3) the type of electronic monitoring device to be used;
new text end

new text begin (4) any installation needs, including the mounting of a device to a wall or ceiling;
new text end

new text begin (5) the proposed date of installation for scheduling purposes;
new text end

new text begin (6) a list of standard conditions or restrictions that the resident or a roommate may elect
to place on the use of the electronic monitoring device including but not limited to:
new text end

new text begin (i) prohibiting audio recording;
new text end

new text begin (ii) prohibiting video recording;
new text end

new text begin (iii) prohibiting broadcasting of audio or video;
new text end

new text begin (iv) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device for the duration of an exam or procedure by
a health care professional;
new text end

new text begin (v) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device while dressing or bathing is performed; and
new text end

new text begin (vi) turning off the electronic monitoring device for the duration of a visit with a spiritual
adviser, ombudsman, attorney, financial planner, intimate partner, or other visitor;
new text end

new text begin (7) any other condition or restriction elected by the resident or roommate on the use of
an electronic monitoring device;
new text end

new text begin (8) a signature box for documenting that the resident or roommate has withdrawn consent;
and
new text end

new text begin (9) a statement of the circumstances under which a recording may be disseminated under
subdivision 10.
new text end

new text begin (b) Subject to subdivision 6, paragraph (b), copies of the completed notification and
consent form must be provided to the resident and the resident's roommate, if applicable.
Copies of all completed notification and consent forms must be submitted to the facility,
and the facility must keep the notification and consent forms on file in a location separate
from the resident's clinical record.
new text end

new text begin (c) The commissioner must prepare a notification and consent form required in this
section no later than August 1, 2019, and must make the form available on the department's
website.
new text end

new text begin Subd. 8. new text end

new text begin Costs and installation. new text end

new text begin (a) A resident or resident representative choosing to
conduct electronic monitoring must do so at the resident's own expense, including paying
for the purchase, installation, maintenance, and removal costs.
new text end

new text begin (b) If a resident chooses to install an electronic monitoring device that uses Internet
technology for visual or audio monitoring and Internet service is not included in the rate or
available through facility, the resident may be responsible for contracting with an Internet
service provider.
new text end

new text begin (c) The facility must make a reasonable attempt to accommodate the resident's installation
needs, including allowing access to the facility's telecommunications or equipment room.
A facility has the burden of proving that a requested accommodation is not reasonable.
new text end

new text begin (d) All electronic monitoring device installations and supporting services must be
Underwriters Laboratories-listed.
new text end

new text begin Subd. 9. new text end

new text begin Notice to visitors. new text end

new text begin A facility must post a sign at each entrance accessible to
visitors that states: "Electronic monitoring devices may be present to record persons and
activities" using bold typeface and using a font size that can be easily seen. The facility is
responsible for installing and maintaining the signage required in this subdivision.
new text end

new text begin Subd. 10. new text end

new text begin Dissemination of data. new text end

new text begin (a) No person may access any video or audio recording
created through electronic monitoring without the written consent of the resident or the
resident representative.
new text end

new text begin (b) Except as required under other law, a recording or copy of a recording made as
provided in this section may only be disseminated for the purpose of addressing health,
safety, or welfare concerns of a resident or residents.
new text end

new text begin (c) Disseminating a recording or a copy of a recording that was made according to this
section but in violation of this subdivision may be grounds for civil or criminal liability.
new text end

new text begin (d) An employee of a facility who is the subject of proposed corrective or disciplinary
action based upon evidence obtained by electronic monitoring must be given access to that
evidence for purposes of defending against the proposed action. The recording or a copy
of the recording must be treated confidentially by the employee and must not be further
disseminated to any other person except as required under law. Any copy of the recording
must be returned to the facility or resident who provided the copy when it is no longer
needed for purposes of defending against a proposed action.
new text end

new text begin Subd. 11. new text end

new text begin Facility liability. new text end

new text begin (a) A facility is not civilly or criminally liable for the
inadvertent or unintentional disclosure of a recording by a resident or a resident representative
for any purpose not authorized by this section.
new text end

new text begin (b) A facility is not civilly or criminally liable for a violation of a resident's right to
privacy based solely on the use of electronic monitoring conducted as provided for in this
section.
new text end

new text begin Subd. 12. new text end

new text begin Obstruction of electronic monitoring. new text end

new text begin (a) A person must not knowingly
hamper, obstruct, tamper with, or destroy an electronic monitoring device placed in a
resident's room or private living space without the permission of the resident or the resident's
legal representative.
new text end

new text begin (b) It is not a violation of this subdivision if a person turns off the electronic monitoring
device or blocks the visual recording component of the electronic monitoring device at the
direction of the resident or the resident representative, or if consent for use of electronic
monitoring has been withdrawn.
new text end

new text begin Subd. 13. new text end

new text begin Resident rights and protection. new text end

new text begin A facility must not:
new text end

new text begin (1) refuse to admit a potential resident or remove a resident because the facility disagrees
with the potential resident's, the resident's, or the resident representative's decisions regarding
electronic monitoring;
new text end

new text begin (2) retaliate against any resident for consenting or refusing to consent to electronic
monitoring under this section; or
new text end

new text begin (3) prevent the placement or use of an electronic monitoring device by a resident who
has provided the facility with notice and consent as required under this section.
new text end

new text begin Subd. 14. new text end

new text begin Penalties. new text end

new text begin The commissioner may issue a correction order upon a finding that
the facility has failed to comply with this section. The commissioner may impose a fine of
up to $500 upon a finding of noncompliance with a correction order issued under this
subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 8.

new text begin [144J.08] USE OF RESTRAINTS IN ASSISTED LIVING
ESTABLISHMENTS.
new text end

new text begin Residents of assisted living establishments must be free from any physical or chemical
restraints imposed for purposes of discipline or convenience.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 9.

new text begin [144J.09] RETALIATION PROHIBITED IN ASSISTED LIVING
ESTABLISHMENTS.
new text end

new text begin (a) No assisted living establishment or agent of the assisted living establishment may
retaliate against a resident or employee if the resident, employee, or any person on behalf
of the resident:
new text end

new text begin (1) files a complaint or grievance, makes an inquiry, or asserts any right;
new text end

new text begin (2) indicates an intention to file a complaint or grievance, make an inquiry, or assert any
right;
new text end

new text begin (3) files or indicates an intention to file a maltreatment report, whether mandatory or
voluntary, under section 626.557;
new text end

new text begin (4) seeks assistance from or reports a reasonable suspicion of a crime or systemic
problems or concerns to the administrator or manager of an assisted living establishment,
the long-term care ombudsman, a regulatory or other government agency, or a legal or
advocacy organization;
new text end

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

new text begin (6) takes or indicates an intention to take civil action;
new text end

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

new text begin (8) contracts or indicates an intention to contract to receive services from a service
provider of the resident's choice other than the assisted living establishment; or
new text end

new text begin (9) places or indicates an intention to place a camera or electronic monitoring device in
the resident's private space as provided under section 144J.07.
new text end

new text begin (b) For purposes of this section, to "retaliate" against a resident includes but is not limited
to any of the following actions taken or threatened by an assisted living establishment or
an agent of the assisted living establishment against a resident, or any person with a familial,
personal, legal, or professional relationship with the resident:
new text end

new text begin (1) discharge, eviction, transfer, or termination of services;
new text end

new text begin (2) the imposition of discipline, punishment, or a sanction or penalty;
new text end

new text begin (3) any form of discrimination;
new text end

new text begin (4) restriction or prohibition of access:
new text end

new text begin (i) of the resident to the facility or visitors; or
new text end

new text begin (ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident;
new text end

new text begin (5) imposition of involuntary seclusion or the withholding of food, care, or services;
new text end

new text begin (6) restriction of any of the rights granted to residents under state or federal law;
new text end

new text begin (7) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements;
new text end

new text begin (8) arbitrary increase in charges or fees;
new text end

new text begin (9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices; or
new text end

new text begin (10) any oral or written communication of false information about a person advocating
on behalf of the resident.
new text end

new text begin (c) For purposes of this section, to "retaliate" against an employee includes but is not
limited to any of the following actions taken or threatened by the assisted living establishment
or an agent of the assisted living establishment against an employee:
new text end

new text begin (1) discharge or transfer;
new text end

new text begin (2) demotion or refusal to promote;
new text end

new text begin (3) reduction in compensation, benefits, or privileges;
new text end

new text begin (4) the unwarranted imposition of discipline, punishment, or a sanction or penalty; or
new text end

new text begin (5) any form of discrimination.
new text end

new text begin (d) There is a rebuttable presumption that any action, described in paragraph (b) or (c)
and taken within 90 days of an initial action described in paragraph (a), is retaliatory. This
presumption does not apply to a discharge, eviction, transfer, or termination of services that
occurs for a reason permitted under section 144J.13, subdivision 3 or 6, provided the assisted
living establishment complied with the applicable requirements in, and allowed the resident
or a designated representative to exercise any rights in, section 144J.13, subdivisions 2 to
8, for the discharge, eviction, transfer, or termination of services.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 10.

new text begin [144J.10] DECEPTIVE MARKETING AND BUSINESS PRACTICES
PROHIBITED.
new text end

new text begin (a) For the purposes of this section, "provider" includes an assisted living establishment
and an affiliated home care provider.
new text end

new text begin (b) Deceptive marketing and business practices by providers are prohibited. No employee
or agent of any provider may:
new text end

new text begin (1) make any false, fraudulent, deceptive, or misleading statements or representations,
or material omissions, in marketing, advertising, or any other description or representation
of care or services;
new text end

new text begin (2) fail to inform a resident in writing of any limitations to care services available prior
to executing an assisted living contract or home care service agreement; or
new text end

new text begin (3) advertise or represent that the assisted living establishment has a special care unit,
such as for dementia or memory care, without:
new text end

new text begin (i) complying with disclosure requirements under sections 325F.72 and any training
requirements required by law or rule; and
new text end

new text begin (ii) after July 1, 2020, meeting and complying with all the requirements under chapter
144I and any adopted rules.
new text end

new text begin (c) A violation of this section constitutes a violation of section 325F.69, subdivision 1.
The attorney general or a county attorney may enforce this section using the remedies in
section 325F.70.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 11.

new text begin [144J.11] NO DISCRIMINATION BASED ON SOURCE OF PAYMENT.
new text end

new text begin Assisted living establishments and affiliated home care providers must, regardless of
the source of payment and for all persons seeking to reside or residing in the assisted living
establishment:
new text end

new text begin (1) provide equal access to quality care; and
new text end

new text begin (2) establish, maintain, and implement identical policies and practices regarding residency,
transfer, and provision and termination of services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 12.

new text begin [144J.12] ASSESSMENT OF RESIDENTS.
new text end

new text begin (a) For each prospective resident, an assisted living establishment must conduct an initial
assessment to determine the person's physical, cognitive, social, and service needs, and
propose a plan for care and services based on the assessment, before the earlier of the date
the prospective resident:
new text end

new text begin (1) enters into an assisted living contract under section 144J.02; or
new text end

new text begin (2) moves in.
new text end

new text begin (b) An assisted living establishment must conduct ongoing physical, cognitive, social,
and service assessments to identify changes in the resident's conditions and indicate necessary
changes in the resident's plan for care and services based on the assessment.
new text end

new text begin (c) The portion of the assessment that involves the prospective resident or resident's
physical and cognitive condition must be conducted by a registered nurse, as required by
applicable home care licensure requirements in chapter 144A and sections 148.171 to
148.285. The social and service components must be conducted by a qualified professional.
new text end

new text begin (d) The prospective resident has the right to participate in the care and service planning
process and may include the prospective resident's designated representative, one or more
family members, any health care and social service professionals of the resident's choosing,
and the prospective resident's home care provider.
new text end

new text begin (e) The commissioner must adopt rules establishing assessment standards.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 13.

new text begin [144J.13] ASSISTED LIVING ESTABLISHMENTS; INVOLUNTARY
DISCHARGES AND SERVICE TERMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Termination of housing or services" means an involuntary
discharge, eviction, transfer, or service termination.
new text end

new text begin Subd. 2. new text end

new text begin Prerequisite to termination of housing or services. new text end

new text begin Before terminating a
resident's housing or services, an assisted living establishment must explain in detail the
reasons for the termination and work with the resident, the resident's designated
representative, the resident's family, applicable agencies, and any relevant health-related or
social service professionals to identify and offer reasonable accommodations, interventions,
or alternatives to avoid the termination.
new text end

new text begin Subd. 3. new text end

new text begin Permissible reasons to terminate housing or services. new text end

new text begin (a) An assisted living
establishment is prohibited from terminating housing or services for grounds other than
those specified in paragraphs (b) and (c).
new text end

new text begin (b) A resident's housing or services may not be terminated except upon a written
determination, supported by documentation, by the assisted living establishment administrator
that termination is necessary because:
new text end

new text begin (1) it is mandated by law or court order;
new text end

new text begin (2) the resident has engaged in a documented pattern of conduct that:
new text end

new text begin (i) endangers the resident's own health, safety, or well-being;
new text end

new text begin (ii) endangers the health or safety of other residents or staff of the assisted living
establishment or affiliated home care provider; or
new text end

new text begin (iii) repeatedly and substantially interferes with the rights, health, safety, or well-being
of other residents; or
new text end

new text begin (3) the resident has committed any of the acts enumerated under section 504B.171,
subdivision 1.
new text end

new text begin (c) A resident's housing or services may be terminated if the needs of the resident exceed
the scope of the services for which the resident contracted for or, after July 1, 2020, exceed
the scope of the assisted living establishment's license, only:
new text end

new text begin (1) upon a certification by the assisted living establishment administrator, based on an
evaluation by a disinterested, licensed health care professional; and
new text end

new text begin (2) if the resident's needs cannot be safely met by reasonable accommodations,
interventions, or alternatives.
new text end

new text begin (d) An assisted living establishment may initiate discharge, eviction, transfer, or
termination of home care services procedures for nonpayment, provided the assisted living
establishment:
new text end

new text begin (1) makes reasonable efforts to accommodate temporary financial hardship and provide
information on government or private subsidies that may be available;
new text end

new text begin (2) timely responds to county social service agency questions regarding Medicaid or
other public benefit eligibility and payment process; and
new text end

new text begin (3) provides the notice required under subdivision 4 to the ombudsman for long-term
care.
new text end

new text begin A temporary interruption in benefits does not constitute nonpayment.
new text end

new text begin (e) When an affiliated home care provider voluntarily discontinues services to all
residents, the affiliated home care provider must notify the commissioner, lead agencies,
and ombudsman for long-term care about the residents and comply with the requirements
of subdivisions 4 and 5.
new text end

new text begin Subd. 4. new text end

new text begin Advance notice required. new text end

new text begin An assisted living establishment must provide at
least 30 days' advance notice to the resident and the ombudsman for long-term care of a
termination of housing or services, except as provided in subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Content of notice. new text end

new text begin The notice required under subdivision 4 must contain, at a
minimum:
new text end

new text begin (1) the effective date of termination of housing or services;
new text end

new text begin (2) a detailed explanation of the basis for the termination, including but not limited to
clinical or other supporting rationale;
new text end

new text begin (3) a list of known assisted living establishments and unaffiliated home care providers
in the immediate geographic area;
new text end

new text begin (4) a statement that the resident has the right to appeal the termination, an explanation
of how and to whom to appeal, and contact information for the Office of Administrative
Hearings;
new text end

new text begin (5) information on how to contact the ombudsman for long-term care;
new text end

new text begin (6) if the resident must relocate, a statement that the assisted living establishment must
actively participate in a coordinated transfer of care of the resident to another provider or
caregiver, as required under subdivision 8.
new text end

new text begin (7) the name and contact information of a person employed by the assisted living
establishment with whom the resident may discuss the notice of termination of housing or
services; and
new text end

new text begin (8) if the termination is for services, a statement, if applicable, that the notice of
termination of services does not constitute a termination of housing or an eviction from the
resident's home, and that the resident has the right to remain in the assisted living
establishment if the resident can secure necessary home care services from an unaffiliated
home care provider.
new text end

new text begin Subd. 6. new text end

new text begin Exception for emergencies. new text end

new text begin (a) An assisted living establishment may relocate
a resident from an assisted living establishment with less than 30 days' notice if:
new text end

new text begin (1) emergency relocation is ordered by the resident's physician; or
new text end

new text begin (2) the assisted living establishment administrator, based on documented evidence,
determines that the resident needs to be immediately relocated because the resident or
another resident or staff member of the assisted living establishment is at imminent risk of:
new text end

new text begin (i) death;
new text end

new text begin (ii) life-threatening harm;
new text end

new text begin (iii) substantial harm, as that term is defined in section 609.02, subdivision 7a; or
new text end

new text begin (iv) great bodily harm, as that term is defined in section 609.02, subdivision 8.
new text end

new text begin (b) An assisted living establishment relocating a resident under this subdivision must:
new text end

new text begin (1) ensure that the resident is moved to a safe and appropriate location;
new text end

new text begin (2) immediately notify the ombudsman for long-term care and the resident's designated
representative or, if no designated representative and if known, a family member or interested
person:
new text end

new text begin (i) that the resident has been relocated;
new text end

new text begin (ii) the reason for the relocation; and
new text end

new text begin (iii) the name, address, telephone number, and any other relevant contact information
of the location to which the resident has been transferred; and
new text end

new text begin (3) upon removal of the conditions precipitating the emergency transfer, work and
coordinate with the resident or the resident's designated representative and family, if
applicable, to enable the resident to return to the assisted living establishment or, if return
is not feasible or if any of the conditions under subdivision 3 exist, provide the resident with
all the rights available under this section.
new text end

new text begin Subd. 7. new text end

new text begin Right to appeal termination of housing or services. new text end

new text begin (a) A resident or resident's
designated representative has the right to appeal a termination of housing or services and
request a hearing from the Office of Administrative Hearings. An appeal must be filed, in
writing, to the Office of Administrative Hearings.
new text end

new text begin (b) The Office of Administrative Hearings must conduct an expedited hearing as soon
as practicable after the office receives the request. The hearing must be held at the assisted
living establishment where the resident lives, unless it is impractical, or the parties agree
to a different place.
new text end

new text begin (c) The assisted living establishment bears the burden of proof to establish the termination
of housing or services is permissible.
new text end

new text begin (d) During the pendency of an appeal and until a final determination is made by the
Office of Administrative Hearings:
new text end

new text begin (1) housing or services may not be terminated; and
new text end

new text begin (2) the resident must be readmitted if the resident was hospitalized for medical necessity.
new text end

new text begin (e) The commissioner of health may order the assisted living establishment to rescind
the termination of housing and services if the termination was in violation of state or federal
law.
new text end

new text begin (f) Nothing in this section limits the right of a resident or the resident's designated
representative to request or receive assistance from the ombudsman for long-term care and
the protection and advocacy agency concerning the termination of housing or services.
new text end

new text begin Subd. 8. new text end

new text begin Discharge planning. new text end

new text begin (a) Unless the resident or the designated representative
indicates a desire to assume full control of arranging the resident's relocation, the assisted
living establishment from which a resident must relocate under this section:
new text end

new text begin (1) has an affirmative duty to ensure a coordinated and orderly transfer of the resident
to a safe location that is appropriate for the resident; and
new text end

new text begin (2) must consult and cooperate with the resident, the resident's designated representative,
family members, any interested professionals, and applicable agencies to make arrangements
to relocate the resident.
new text end

new text begin (b) The assisted living establishment must prepare a written relocation plan. The plan
must:
new text end

new text begin (1) contain all necessary steps to be taken to reduce transfer trauma; and
new text end

new text begin (2) specify the measures to be taken until relocation to protect the resident and meet the
resident's health and safety needs.
new text end

new text begin (c) An assisted living establishment may not relocate the resident unless the place to
which the resident is to be relocated indicates it will accept the resident.
new text end

new text begin (d) An assisted living establishment must timely convey the resident's records and any
medication for which it is responsible to the location to which the resident will be transferred.
new text end

new text begin (e) An assisted living establishment must notify the ombudsman for long-term care, the
Department of Health, and, if the resident is a vulnerable adult as defined in section 626.5572,
subdivision 21, adult protective services, if:
new text end

new text begin (1) the resident whose housing or services are being terminated does not have a designated
representative, family member, an agency responsible for the resident's placement, or any
other person who agrees to assist with or assumes responsibility for the relocation; or
new text end

new text begin (2) a safe and appropriate relocation place for the resident whose housing or services
are being terminated cannot be found.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 14.

new text begin [144J.14] FORCED ARBITRATION.
new text end

new text begin (a) An assisted living establishment must affirmatively disclose to the resident any forced
arbitration provision in an assisted living contract that precludes, limits, or delays the ability
of a resident from taking a civil action. For contracts entered into on or after July 1, 2020,
forced arbitration provisions must be conspicuously disclosed in a contract.
new text end

new text begin (b) A forced arbitration requirement must not include a choice of law or choice of venue
provision. Assisted living contracts must adhere to Minnesota law and any other applicable
federal or local law. Any civil actions by any litigant must be taken in Minnesota courts.
new text end

new text begin (c) A forced arbitration provision must not be unconscionable. All or the portion of a
forced arbitration provision found by a court to be unconscionable shall have no effect on
the remaining provisions, terms, or conditions of the contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, for contracts entered
into on or after that date.
new text end

Sec. 15.

new text begin [144J.15] PRIVATE ENFORCEMENT OF RIGHTS.
new text end

new text begin (a) For a violation of section 144J.06, subdivisions 9, 16, 19, or 20, or 144J.09, a resident
or resident's designated representative may bring a civil action against an assisted living
establishment and recover actual damages or $3,000, whichever is greater, plus costs,
including costs of investigation, and reasonable attorney fees, and receive other equitable
relief as determined by the court in addition to seeking any other remedy otherwise available
under law.
new text end

new text begin (b) For a violation of section 144J.10, 144J.11, or 144J.14, a resident is entitled to a
permanent injunction, and any other legal or equitable relief as determined by the court,
including but not limited to reformation of the contract and restitution for harm suffered,
plus reasonable attorney fees and costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 16.

new text begin [144J.16] APPLICABILITY OF OTHER LAWS.
new text end

new text begin (a) Assisted living establishments are subject to and must comply with chapter 504B.
new text end

new text begin (b) Housing with services establishments who operate under title protection under chapter
144G and, after July 1, 2020, all licensed assisted living establishments must comply with
section 325F.72.
new text end

new text begin (c) Assisted living establishments are not required to obtain a lodging license under
chapter 157 and related rules.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 17.

Minnesota Statutes 2018, section 325F.72, subdivision 4, is amended to read:


Subd. 4.

Remedy.

The attorney general may seek the remedies set forth in section 8.31
for repeated and intentional violations of this section. deleted text beginHowever, no private right of action
may be maintained as provided under section 8.31, subdivision 3a.
deleted text end

Sec. 18. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 144A.44; 144A.441; 144A.442; 144D.07; 144G.03,
subdivision 6; and 144G.04,
new text end new text begin are repealed effective August 1, 2019.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2018, sections 144D.04, subdivisions 2 and 3; and 144D.045, new text end new text begin
are repealed effective January 1, 2020.
new text end

ARTICLE 2

NURSING HOMES

Section 1.

Minnesota Statutes 2018, section 144.651, subdivision 1, is amended to read:


Subdivision 1.

Legislative intent.

It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. No health care facility may require a patient or resident to waive these rights
as a condition of admission to the facility. Any new text begindesignated representative, new text endguardiannew text begin,new text end or
conservator of a patient or resident deleted text beginor, in the absence of a guardian or conservator, an
interested person,
deleted text end may seek enforcement of these rights on behalf of a patient or resident.
deleted text begin An interested persondeleted text endnew text begin A designated representativenew text end may also seek enforcement of these rights
on behalf of a patient or resident who has a guardian or conservator through administrative
agencies or in district court deleted text beginhaving jurisdiction over guardianships and conservatorshipsdeleted text endnew text begin,
under section 144.6512
new text end. Pending the outcome of an enforcement proceeding the health care
facility may, in good faith, comply with the instructions of a guardian or conservator. It is
the intent of this section that every patient's civil and religious liberties, including the right
to independent personal decisions and knowledge of available choices, shall not be infringed
and that the facility shall encourage and assist in the fullest possible exercise of these rights.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144.651, is amended by adding a subdivision to
read:


new text begin Subd. 34. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A facility may not retaliate against a patient,
resident, or employee if the resident or any person with a familial, personal, legal, or
professional relationship with the patient or resident:
new text end

new text begin (1) files a complaint or grievance, makes an inquiry, or asserts any right;
new text end

new text begin (2) indicates an intention to file a complaint or grievance, makes an inquiry, or asserts
any right;
new text end

new text begin (3) files or indicates an intention to file a maltreatment report, whether mandatory or
voluntary, under section 626.557;
new text end

new text begin (4) seeks assistance from or reports a reasonable suspicion of a crime or systemic
problems or concerns to the administrator or manager of a facility, the ombudsman for
long-term care, a regulatory or other government agency, or a legal or advocacy organization;
new text end

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

new text begin (6) takes or indicates an intention to take civil action; or
new text end

new text begin (7) participates or indicates an intention to participate in any investigation or
administrative or judicial proceeding.
new text end

new text begin (b) For purposes of this subdivision, "facility" includes an agent of the facility.
new text end

new text begin (c) For the purposes of this subdivision, to "retaliate" against a patient or resident includes
but is not limited to any of the following actions taken or threatened by the facility against
a patient or resident, or any person with a familial, personal, legal, or professional relationship
with the patient or resident:
new text end

new text begin (1) discharge, transfer, or termination of services;
new text end

new text begin (2) the imposition of discipline, punishment, or a sanction or penalty;
new text end

new text begin (3) any form of discrimination;
new text end

new text begin (4) restricting or prohibiting access:
new text end

new text begin (i) of the patient or resident to the facility or visitors; or
new text end

new text begin (ii) of a family member or a person with a personal, legal, or professional relationship
with the patient or resident, to the patient or resident;
new text end

new text begin (5) imposition of involuntary seclusion or withholding food, care, or services;
new text end

new text begin (6) restriction of any of the rights granted to patients and residents under state or federal
law;
new text end

new text begin (7) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements;
new text end

new text begin (8) arbitrary increase in charges or fees; or
new text end

new text begin (9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices.
new text end

new text begin (d) For purposes of this subdivision, to "retaliate" against an employee includes but is
not limited to any of the following actions taken or threatened by the facility:
new text end

new text begin (1) discharge or transfer;
new text end

new text begin (2) demotion or refusal to promote;
new text end

new text begin (3) reduction in compensation, benefits, or privileges;
new text end

new text begin (4) the imposition of discipline, punishment, or a sanction or penalty; or
new text end

new text begin (5) any form of discrimination.
new text end

new text begin (e) There is a rebuttable presumption that any action described in paragraph (b) or (c)
and taken within 90 days of an initial action described in paragraph (a) is retaliatory.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 3.

new text begin [144.6512] ENFORCEMENT OF THE HEALTH CARE BILL OF RIGHTS
BY NURSING HOME RESIDENTS.
new text end

new text begin In addition to the remedies otherwise provided by or available under law, a resident of
a nursing home, or a legal representative on behalf of a resident, in addition to seeking any
remedy otherwise available under law, may bring a civil action against a nursing home and
recover actual damages or $3,000, whichever is greater, plus costs, including costs of
investigation, and reasonable attorney fees, and receive other equitable relief as determined
by the court for violation of section 144.651, subdivisions 14, 20, 26, 30, and 34.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

ARTICLE 3

HOUSING WITH SERVICES ESTABLISHMENTS

Section 1.

Minnesota Statutes 2018, section 144D.01, subdivision 2a, is amended to read:


Subd. 2a.

deleted text beginArrangeddeleted text endnew text begin Affiliatednew text end home care provider.

"deleted text beginArrangeddeleted text endnew text begin Affiliatednew text end home care
provider" means a home care provider licensed under chapter 144Anew text begin or a home management
provider registered under section 144A.482
new text end that provides new text beginsupportive new text endservices to some or all
of the residents of a housing with services establishment deleted text beginand that is either the establishment
itself or another entity with which the establishment has an arrangement
deleted text endnew text begin under a business
relationship or other affiliation with the establishment
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Client. new text end

new text begin "Client" means a person to whom an unaffiliated home care provider
provides supportive services.
new text end

Sec. 3.

Minnesota Statutes 2018, section 144D.01, subdivision 4, is amended to read:


Subd. 4.

Housing with services establishment or establishment.

(a) "Housing with
services establishment" or "establishment" meansdeleted text begin:
deleted text end

deleted text begin (1)deleted text end an establishment providing sleeping accommodations to one or more adult residentsdeleted text begin,
at least 80 percent of which are 55 years of age or older,
deleted text end and offering or providing, for a
fee, one or more deleted text beginregularly scheduled health-related services or two or more regularly
scheduled
deleted text end supportive services, whether offered or provided directlynew text begin ornew text end by deleted text beginthe establishment
or by another entity arranged for by the establishment; or
deleted text endnew text begin an affiliated home care provider.
new text end

deleted text begin (2) an establishment that registers under section 144D.025.
deleted text end

(b) Housing with services establishment does not include:

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

(2) a hospital, deleted text begincertifieddeleted text endnew text begin as defined in section 144.50, subdivision 2;
new text end

new text begin (3) a new text endboarding care home, deleted text beginordeleted text endnew text begin as defined in Minnesota Rules, part 4655.0010, subpart 3;
new text end

new text begin (4) a new text endsupervised living facility deleted text beginlicensed under sections 144.50 to 144.56deleted text endnew text begin, as defined in
Minnesota Rules, part 4665.0100, subpart 10
new text end;

deleted text begin (3)deleted text endnew text begin (5)new text end a board and lodging establishment licensed under chapter 157 deleted text beginanddeleted text end new text beginor 245G, or
governed under
new text endMinnesota Rules, parts 9520.0500 to 9520.0670deleted text begin, or under chapter 245D or
245G
deleted text end;

new text begin (6) an assisted living establishment, as defined in section 144I.01, subdivision 6, that is
not a housing with services establishment;
new text end

deleted text begin (4) a board and lodgingdeleted text endnew text begin (7) anynew text end establishment deleted text beginwhichdeleted text endnew text begin thatnew text end serves as a shelter for battered
women or other similar purpose;

deleted text begin (5) a familydeleted text endnew text begin (8)new text end adult foster care home licensed by the Department of Human Services;

deleted text begin (6)deleted text endnew text begin (9)new text end private homes in which the residents are related by kinship, law, or affinity with
the providers of services;

deleted text begin (7)deleted text endnew text begin (10)new text end residential settings for persons with developmental disabilities in which the
services are licensed under chapter 245D;

deleted text begin (8)deleted text end new text begin(11) new text enda home-sharing arrangement deleted text beginsuch as when an elderly or disableddeleted text endnew text begin, including but
not limited to arrangements where an older
new text end person new text beginor person with a disability new text endor single-parent
family makes lodging in a private residence available to another person in exchange for
services or rent, or both;

deleted text begin (9)deleted text endnew text begin (12)new text end a deleted text beginduly organizeddeleted text end condominium, cooperative, common interest community, or
owners' association deleted text beginof the foregoingdeleted text endnew text begin organized under chapter 515Bnew text end where at least 80 percent
of the units that comprise the condominium, cooperative, or common interest community
are occupied by individuals who are the owners, members, or shareholders of the units;

deleted text begin (10)deleted text endnew text begin (13)new text end services for persons with developmental disabilities that are provided under a
license under chapter 245D; or

deleted text begin (11)deleted text endnew text begin (14)new text end a temporary family health care dwelling as defined in sections 394.307 and
462.3593.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Resident. new text end

new text begin "Resident" means a person living in a housing with services
establishment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 144D.01, subdivision 5, is amended to read:


Subd. 5.

Supportive services.

"Supportive services" means deleted text beginhelp with personal laundry,
handling or assisting with personal funds of residents, or arranging for medical services,
health-related services, social services,
deleted text endnew text begin:
new text end

new text begin (1) assistance with laundry, shopping, and household chores;
new text end

new text begin (2) housekeeping services;
new text end

new text begin (3) provision or assistance with meals or food preparation;
new text end

new text begin (4) help with arranging for, new text endor new text beginarranging new text endtransportation tonew text begin,new text end medicalnew text begin, social, recreational,
personal,
new text end or social services appointmentsnew text begin; or
new text end

new text begin (5) provision of social or recreational servicesnew text end.

Arranging for services does not include making referralsdeleted text begin, assisting a resident in contacting
a service provider of the resident's choice,
deleted text end or contacting a service provider in an emergency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Unaffiliated home care provider. new text end

new text begin "Unaffiliated home care provider" means
a home care provider licensed under chapter 144A or a home management provider registered
under section 144A.482 that is regularly engaged for a fee in the delivery of one or more
home care services directly to a client in any setting, including supportive services to a
resident of a housing with services establishment, provided the home care provider has no
business relationship or affiliation with the housing with services establishment in which
the client contracting for or receiving supportive services resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 7.

Minnesota Statutes 2018, section 144D.015, is amended to read:


144D.015 DEFINITION FOR PURPOSES OF LONG-TERM CARE INSURANCE.

For purposes of consistency with terminology commonly used in long-term care insurance
policies deleted text beginand notwithstanding chapter 144Gdeleted text end, a housing with services establishment that is
registered under section 144D.03 and that holds, or makes arrangements with an individual
or entity that holds any type of home care license and all other licenses, permits, registrations,
or other governmental approvals legally required for delivery of the services the establishment
offers or provides to its residents, constitutes new text beginan "assisted living establishment," new text endan "assisted
living facilitynew text begin,new text end" or "assisted living residence."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 8.

Minnesota Statutes 2018, section 144D.02, is amended to read:


144D.02 REGISTRATION REQUIRED.

No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in sections 144D.01
to deleted text begin144D.06deleted text endnew text begin 144D.11. After July 1, 2020, a housing with services establishment, either
directly or through an affiliated home care provider, may provide only supportive services.
No housing with services establishment may offer or provide services that require an assisted
living license under chapter 144I
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 144D.04, subdivision 1, is amended to read:


Subdivision 1.

Contract required.

No housing with services establishment may operate
in this state unless a written housing with services contractdeleted text begin, as defined in subdivision 2,deleted text endnew text begin
satisfying the requirements of section 144J.02
new text end is executed between the establishment and
each resident or resident's representative and unless the establishment operates in accordance
with the terms of the contract. deleted text beginThe resident or the resident's representative shall be given a
complete copy of the contract and all supporting documents and attachments and any changes
whenever changes are made.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 10.

Minnesota Statutes 2018, section 144D.05, is amended to read:


144D.05 AUTHORITY OF COMMISSIONER.

deleted text begin The commissioner shall, upon receipt of information which may indicate the failure of
the housing with services establishment, a resident, a resident's representative, or a service
provider to comply with a legal requirement to which one or more of them may be subject,
make appropriate referrals to other governmental agencies and entities having jurisdiction
over the subject matter. The commissioner may also make referrals to any public or private
agency the commissioner considers available for appropriate assistance to those involved.
deleted text end

The commissioner shall have deleted text beginstanding to bring an action for injunctive relief in the
district court in the district in which an establishment is located to compel the housing with
services establishment to meet the requirements of this chapter or other requirements of the
state or of any county or local governmental unit to which the establishment is otherwise
subject. Proceedings for securing an injunction may be brought by the commissioner through
the attorney general or through the appropriate county attorney. The sanctions in this section
do not restrict the availability of other sanctions
deleted text endnew text begin all the authority and power vested under
chapters 144 and 144I
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 11.

Minnesota Statutes 2018, section 144D.06, is amended to read:


144D.06 OTHER LAWS.

In addition to registration under this chapter, a housing with services establishment must
comply with chapter 504B deleted text beginand the provisions of section 325F.72deleted text end, and shall obtain and
maintain all other licenses, permits, registrations, or other governmental approvals required
of it. A housing with services establishment is not required to obtain a lodging license under
chapter 157 and related rules.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 12.

Minnesota Statutes 2018, section 144D.09, is amended to read:


144D.09 TERMINATION OF deleted text beginLEASEdeleted text endnew text begin HOUSING OR SUPPORTIVE SERVICESnew text end.

new text begin Subdivision 1. new text end

new text begin Prerequisite to termination of housing or supportive services. new text end

deleted text begin The
housing with services establishment shall include with notice of termination of lease
information about how to contact the ombudsman for long-term care, including the address
and telephone number along with a statement of how to request problem-solving assistance.
deleted text end new text begin
Before involuntarily terminating a resident's housing or supportive services, whether provided
directly or through an affiliated home care provider, a housing with services establishment
must explain in detail the reasons for the termination and work with the resident, the resident's
representative, the resident's family, applicable agencies, and any professionals to identify
and offer reasonable accommodations, interventions, or alternatives to avoid termination
of housing or supportive services.
new text end

new text begin Subd. 2. new text end

new text begin Advance notice required. new text end

new text begin A housing with services establishment must provide
at least 30 days' advance notice to the resident of a termination of housing or supportive
services, except as provided in subdivision 4.
new text end

new text begin Subd. 3. new text end

new text begin Content of notice. new text end

new text begin The notice required under subdivision 2 must contain, at a
minimum:
new text end

new text begin (1) the effective date of termination;
new text end

new text begin (2) the reason or reasons for termination;
new text end

new text begin (3) a list of known housing with services establishments and unaffiliated home care
providers in the immediate geographic area;
new text end

new text begin (4) the name and contact information of a person employed by the housing with services
establishment with whom the resident may discuss the notice of termination;
new text end

new text begin (5) information about how to contact the ombudsman for long-term care, including the
address and telephone number along with a statement of how to request problem-solving
assistance; and
new text end

new text begin (6) if the termination is for supportive services, a statement, if applicable, that the notice
of termination of supportive services does not constitute a termination of housing or an
eviction from the resident's housing, and that the resident has the right to remain in the
housing with services establishment if the resident can secure necessary supportive services
from an unaffiliated home care provider.
new text end

new text begin Subd. 4. new text end

new text begin Exception for emergencies. new text end

new text begin (a) A housing with services establishment may
provide less than 30 days' notice when:
new text end

new text begin (1) an emergency relocation is ordered by the resident's physician or an advanced practice
registered nurse; or
new text end

new text begin (2) the resident needs to be immediately relocated because, due to the resident's behavior,
the resident or another resident or staff member of the housing with services establishment
is at imminent risk of:
new text end

new text begin (i) death;
new text end

new text begin (ii) life-threatening harm;
new text end

new text begin (iii) substantial bodily harm, as defined in section 609.02, subdivision 7a; or
new text end

new text begin (iv) great bodily harm, as defined in section 609.02, subdivision 8.
new text end

new text begin (b) A housing with services establishment relocating a resident under this subdivision
must:
new text end

new text begin (1) ensure that the resident is relocated to a safe and appropriate location; and
new text end

new text begin (2) immediately notify the person or persons representing the resident, or who are in a
familial or other personal relationship with the resident:
new text end

new text begin (i) that the resident has been relocated;
new text end

new text begin (ii) the reason for the relocation; and
new text end

new text begin (iii) the name, address, telephone number, and any other relevant contact information
of the location to which the resident has been transferred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 13.

Minnesota Statutes 2018, section 144D.10, is amended to read:


144D.10 MANAGER REQUIREMENTS.

(a) The person primarily responsible for oversight and management of a housing with
services establishment, as designated by the owner of the housing with services establishment,
must obtain at least 30 hours of continuing education every two years of employment as
the manager in topics relevant to the operations of the housing with services establishment
and the needs of its tenants. Continuing education earned to maintain a professional license,
such as nursing home administrator license, nursing license, social worker license, and real
estate license, can be used to complete this requirement.

deleted text begin (b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
training on these topics for each 12 months of employment thereafter.
deleted text end

deleted text begin (c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at least
four hours of documented training on the topics identified in section 144D.065, paragraph
(b), within 160 working hours of hire, and two hours of training on these topics for each 12
months of employment thereafter.
deleted text end

deleted text begin (d)deleted text endnew text begin (b)new text end A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.

deleted text begin (e)deleted text endnew text begin (c)new text end New managers deleted text beginmaydeleted text endnew text begin mustnew text end satisfy deleted text beginthe initialdeleted text endnew text begin and document satisfaction ofnew text end dementia
training requirements deleted text beginby producing written proof of previously completed required training
within the past 18 months
deleted text endnew text begin adopted by the commissioner in rulenew text end.

deleted text begin (f) This section does not apply to an establishment registered under section 144D.025
serving the homeless.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 14.

Minnesota Statutes 2018, section 144D.11, is amended to read:


144D.11 EMERGENCY PLANNING.

(a) Each registered housing with services establishment 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 deleted text begintenantsdeleted text endnew text begin residentsnew text end upon signing a
deleted text begin leasedeleted text endnew text begin contract under section 144J.02new text end;

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

(5) have a written policy and procedure regarding missing deleted text begintenantsdeleted text endnew text begin residentsnew text end.

(b) Each registered housing with services establishment must provide emergency and
disaster training to all staff during the initial staff orientation and annually thereafter and
must make emergency and disaster training available to all deleted text begintenantsdeleted text endnew text begin residentsnew text end annually. Staff
who have not received emergency and disaster training are allowed to work only when
trained staff are also working on site.

(c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

ARTICLE 4

ASSISTED LIVING LICENSURE

Section 1.

Minnesota Statutes 2018, section 144.122, is amended to read:


144.122 LICENSE, PERMIT, AND SURVEY FEES.

(a) The state commissioner of health, by rule, may prescribe procedures and fees for
filing with the commissioner as prescribed by statute and for the issuance of original and
renewal permits, licenses, registrations, and certifications issued under authority of the
commissioner. The expiration dates of the various licenses, permits, registrations, and
certifications as prescribed by the rules shall be plainly marked thereon. Fees may include
application and examination fees and a penalty fee for renewal applications submitted after
the expiration date of the previously issued permit, license, registration, and certification.
The commissioner may also prescribe, by rule, reduced fees for permits, licenses,
registrations, and certifications when the application therefor is submitted during the last
three months of the permit, license, registration, or certification period. Fees proposed to
be prescribed in the rules shall be first approved by the Department of Management and
Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
in an amount so that the total fees collected by the commissioner will, where practical,
approximate the cost to the commissioner in administering the program. All fees collected
shall be deposited in the state treasury and credited to the state government special revenue
fund unless otherwise specifically appropriated by law for specific purposes.

(b) The commissioner may charge a fee for voluntary certification of medical laboratories
and environmental laboratories, and for environmental and medical laboratory services
provided by the department, without complying with paragraph (a) or chapter 14. Fees
charged for environment and medical laboratory services provided by the department must
be approximately equal to the costs of providing the services.

(c) The commissioner may develop a schedule of fees for diagnostic evaluations
conducted at clinics held by the services for children with disabilities program. All receipts
generated by the program are annually appropriated to the commissioner for use in the
maternal and child health program.

(d) The commissioner shall set license fees for hospitals and nursing homes that are not
boarding care homes at the following levels:

Joint Commission on Accreditation of
Healthcare Organizations (JCAHO) and
American Osteopathic Association (AOA)
hospitals
$7,655 plus $16 per bed
Non-JCAHO and non-AOA hospitals
$5,280 plus $250 per bed
Nursing home
$183 plus $91 per bed until June 30, 2018.
$183 plus $100 per bed between July 1, 2018,
and June 30, 2020. $183 plus $105 per bed
beginning July 1, 2020.

The commissioner shall set license fees for outpatient surgical centers, boarding care
homes, deleted text beginanddeleted text end supervised living facilitiesnew text begin, assisted living facilities, basic care facilities, and
assisted living facilities with dementia care
new text end at the following levels:

Outpatient surgical centers
$3,712
Boarding care homes
$183 plus $91 per bed
Supervised living facilities
$183 plus $91 per bed.
new text begin Assisted living facilities with dementia care
new text end
new text begin $....... plus $....... per bed.
new text end
new text begin Assisted living facilities
new text end
new text begin $....... plus $....... per bed.
new text end
new text begin Basic care facilities
new text end
new text begin $....... plus $....... per bed.
new text end

Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if
received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017,
or later.

(e) Unless prohibited by federal law, the commissioner of health shall charge applicants
the following fees to cover the cost of any initial certification surveys required to determine
a provider's eligibility to participate in the Medicare or Medicaid program:

Prospective payment surveys for hospitals
$
900
Swing bed surveys for nursing homes
$
1,200
Psychiatric hospitals
$
1,400
Rural health facilities
$
1,100
Portable x-ray providers
$
500
Home health agencies
$
1,800
Outpatient therapy agencies
$
800
End stage renal dialysis providers
$
2,100
Independent therapists
$
800
Comprehensive rehabilitation outpatient facilities
$
1,200
Hospice providers
$
1,700
Ambulatory surgical providers
$
1,800
Hospitals
$
4,200
Other provider categories or additional
resurveys required to complete initial
certification
Actual surveyor costs: average
surveyor cost x number of hours for
the survey process.

These fees shall be submitted at the time of the application for federal certification and
shall not be refunded. All fees collected after the date that the imposition of fees is not
prohibited by federal law shall be deposited in the state treasury and credited to the state
government special revenue fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective .......
new text end

Sec. 2.

new text begin [144I.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of this chapter, the definitions in this
section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Adult. new text end

new text begin "Adult" means a natural person who has attained the age of 18 years.
new text end

new text begin Subd. 3. new text end

new text begin Agent. new text end

new text begin "Agent" means the person upon whom all notices and orders shall be
served and who is authorized to accept service of notices and orders on behalf of the facility.
new text end

new text begin Subd. 4. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual, legal entity, controlling individual,
or other organization that has applied for licensure under this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Assisted living administrator. new text end

new text begin "Assisted living administrator" means a person
who administers, manages, supervises, or is in general administrative charge of a basic care
facility or assisted living facility, whether or not the individual has an ownership interest
in the facility, and whether or not the person's functions or duties are shared with one or
more individuals and who is licensed by the Board of Executives for Long Term Services
and Supports pursuant to section 144I.31.
new text end

new text begin Subd. 6. new text end

new text begin Assisted living facility. new text end

new text begin "Assisted living facility" means a licensed facility that:
(1) provides sleeping accommodations to one or more adults; and (2) provides basic care
services and comprehensive assisted living services. For purposes of this chapter, assisted
living facility does not include:
new text end

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

new text begin (ii) a nursing home licensed under chapter 144A;
new text end

new text begin (iii) a hospital, certified boarding care, or supervised living facility licensed under sections
144.50 to 144.56;
new text end

new text begin (iv) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts
9520.0500 to 9520.0670, or under chapter 245D or 245G, except lodging establishments
that provide dementia care services;
new text end

new text begin (v) a lodging establishment serving as a shelter for individuals fleeing domestic violence;
new text end

new text begin (vi) services and residential settings licensed under chapter 245A, including adult foster
care and services and settings governed under the standards in chapter 245D;
new text end

new text begin (vii) private homes where the residents own or rent the home and control all aspects of
the property and building;
new text end

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

new text begin (ix) temporary family health care dwellings as defined in sections 394.307 and 462.3593;
new text end

new text begin (x) settings offering services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means or by prayer for
healing;
new text end

new text begin (xi) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless;
new text end

new text begin (xii) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;
new text end

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

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

new text begin (xv) a basic care facility licensed under this chapter.
new text end

new text begin Subd. 7. new text end

new text begin Assisted living services. new text end

new text begin "Assisted living services" include any of the basic
care services and one or more of the following:
new text end

new text begin (1) services of an advanced practice nurse, registered nurse, licensed practical nurse,
physical therapist, respiratory therapist, occupational therapist, speech-language pathologist,
dietitian or nutritionist, or social worker;
new text end

new text begin (2) tasks delegated to unlicensed personnel by a registered nurse or assigned by a licensed
health professional within the person's scope of practice;
new text end

new text begin (3) medication management services;
new text end

new text begin (4) hands-on assistance with transfers and mobility;
new text end

new text begin (5) treatment and therapies;
new text end

new text begin (6) assisting residents with eating when the clients have complicated eating problems
as identified in the resident record or through an assessment such as difficulty swallowing,
recurrent lung aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed; or
new text end

new text begin (7) providing other complex or specialty health care services.
new text end

new text begin Subd. 8. new text end

new text begin Assisted living facility with dementia care. new text end

new text begin "Assisted living facility with
dementia care" means a licensed assisted living facility that also provides dementia care
services. An assisted living facility with dementia care may also have a secured dementia
care unit.
new text end

new text begin Subd. 9. new text end

new text begin Assisted living facility and basic care facility contract. new text end

new text begin "Assisted living
facility and basic care facility contract" means the legal agreement between an assisted
living facility or a basic care facility, whichever is applicable, and a resident for the provision
of housing and services.
new text end

new text begin Subd. 10. new text end

new text begin Basic care facility. new text end

new text begin "Basic care facility" means a licensed facility that: (1)
provides sleeping accommodations to one or more adults; and (2) may only provide basic
care services. For purposes of this chapter, basic care facility does not include:
new text end

new text begin (i) emergency shelter, transitional housing, or any other residential units serving
exclusively or primarily homeless individuals, as that term is defined in section 116L.361;
new text end

new text begin (ii) a nursing home licensed under chapter 144A;
new text end

new text begin (iii) a hospital, certified boarding care, or supervised living facility licensed under sections
144.50 to 144.56;
new text end

new text begin (iv) a lodging establishment licensed under chapter 157, except lodging establishments
that provide dementia care services;
new text end

new text begin (v) a lodging establishment serving as a shelter for individuals fleeing domestic violence;
new text end

new text begin (vi) services and residential settings licensed under chapter 245A, including adult foster
care and services and settings governed under standards in chapter 245D;
new text end

new text begin (vii) private homes where the residents own or rent the home and control all aspects of
the property and building;
new text end

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

new text begin (ix) temporary family health care dwelling as defined in sections 394.307 and 462.3593;
new text end

new text begin (x) settings offering services conducted by and for the adherents of any recognized
church or religious denomination for its members through spiritual means or by prayer for
healing;
new text end

new text begin (xi) housing financed pursuant to sections 462A.37 and 462A.375, units financed with
low-income housing tax credits pursuant to United States Code, title 26, section 42, and
units financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless;
new text end

new text begin (xii) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;
new text end

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

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

new text begin (xv) an assisted living facility licensed under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Basic care services. new text end

new text begin "Basic care services" means assistive tasks provided by
licensed or unlicensed personnel that include:
new text end

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

new text begin (2) providing standby assistance;
new text end

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

new text begin (4) providing verbal or visual reminders to the client to perform regularly scheduled
treatments and exercises;
new text end

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

new text begin (6) having, maintaining, and documenting a system to visually check on each resident
a minimum of once daily or more than once daily depending on the person-centered care
plan; and
new text end

new text begin (7) supportive services in addition to the provision of at least one of the activities in
clauses (1) to (5).
new text end

new text begin Subd. 12. new text end

new text begin Change of ownership. new text end

new text begin "Change of ownership" means a change in the individual
or legal entity that is responsible for the operation of a facility.
new text end

new text begin Subd. 13. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 14. new text end

new text begin Compliance officer. new text end

new text begin "Compliance officer" means a designated individual
who is qualified by knowledge, training, and experience in health care or risk management
to promote, implement, and oversee the facility's compliance program. The compliance
officer shall also exhibit knowledge of relevant regulations; provide expertise in compliance
processes; and address fraud, abuse, and waste under this chapter and state and federal law.
new text end

new text begin Subd. 15. new text end

new text begin Controlled substance. new text end

new text begin "Controlled substance" has the meaning given in
section 152.01, subdivision 4.
new text end

new text begin Subd. 16. new text end

new text begin Controlling individual. new text end

new text begin (a) "Controlling individual" means an owner of a
facility licensed under this chapter and the following individuals, if applicable:
new text end

new text begin (1) each officer of the organization, including the chief executive officer and chief
financial officer;
new text end

new text begin (2) the individual designated as the authorized agent under section 245A.04, subdivision
1, paragraph (b);
new text end

new text begin (3) the individual designated as the compliance officer under section 256B.04, subdivision
21, paragraph (b); and
new text end

new text begin (4) each managerial official whose responsibilities include the direction of the
management or policies of the facility.
new text end

new text begin (b) Controlling individual also means any owner who directly or indirectly owns five
percent or more interest in:
new text end

new text begin (1) the land on which the facility is located, including a real estate investment trust
(REIT);
new text end

new text begin (2) the structure in which a facility is located;
new text end

new text begin (3) any mortgage, contract for deed, or other obligation secured in whole or part by the
land or structure comprising the facility; or
new text end

new text begin (4) any lease or sublease of the land, structure, or facilities comprising the facility.
new text end

new text begin (c) Controlling individual does not include:
new text end

new text begin (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
operates a program directly or through a subsidiary;
new text end

new text begin (2) government and government-sponsored entities such as the U.S. 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

new text begin (3) an individual who is a state or federal official, or a state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more facilities, unless the individual is also an officer,
owner, or managerial official of the facility, receives remuneration from the facility, or
owns any of the beneficial interests not excluded in this subdivision;
new text end

new text begin (4) an individual who owns less than five percent of the outstanding common shares of
a corporation:
new text end

new text begin (i) whose securities are exempt under section 80A.45, clause (6); or
new text end

new text begin (ii) whose transactions are exempt under section 80A.46, clause (2);
new text end

new text begin (5) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the license
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or
new text end

new text begin (6) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual.
new text end

new text begin Subd. 17. new text end

new text begin Dementia. new text end

new text begin "Dementia" means the loss of intellectual function of sufficient
severity that interferes with an individual's daily functioning. Dementia affects an individual's
memory and ability to think, reason, speak, and move. Symptoms may also include changes
in personality, mood, and behavior. Irreversible dementias include but are not limited to:
new text end

new text begin (1) Alzheimer's disease;
new text end

new text begin (2) vascular dementia;
new text end

new text begin (3) Lewy body dementia;
new text end

new text begin (4) frontal-temporal lobe dementia;
new text end

new text begin (5) alcohol dementia;
new text end

new text begin (6) Huntington's disease; and
new text end

new text begin (7) Creutzfeldt-Jakob disease.
new text end

new text begin Subd. 18. new text end

new text begin Dementia care services. new text end

new text begin "Dementia care services" means a distinct form of
long-term care designed to meet the specific needs of an individual with dementia.
new text end

new text begin Subd. 19. new text end

new text begin Dementia-trained staff. new text end

new text begin "Dementia-trained staff" means any employee that
has completed the minimum training requirements and has demonstrated knowledge and
understanding in supporting individuals with dementia.
new text end

new text begin Subd. 20. new text end

new text begin Designated representative. new text end

new text begin "Designated representative" means one of the
following in the order of priority listed, to the extent the person may reasonably be identified
and located:
new text end

new text begin (1) a court-appointed guardian acting in accordance with the powers granted to the
guardian under chapter 524;
new text end

new text begin (2) a conservator acting in accordance with the powers granted to the conservator under
chapter 524;
new text end

new text begin (3) a health care agent acting in accordance with the powers granted to the health care
agent under chapter 145C;
new text end

new text begin (4) a power of attorney acting in accordance with the powers granted to the
attorney-in-fact under chapter 523; or
new text end

new text begin (5) the resident representative.
new text end

new text begin Subd. 21. new text end

new text begin Dietary supplement. new text end

new text begin "Dietary supplement" means a product taken by mouth
that contains a dietary ingredient intended to supplement the diet. Dietary ingredients may
include vitamins, minerals, herbs or other botanicals, amino acids, and substances such as
enzymes, organ tissue, glandulars, or metabolites.
new text end

new text begin Subd. 22. new text end

new text begin Direct contact. new text end

new text begin "Direct contact" means providing face-to-face care, training,
supervision, counseling, consultation, or medication assistance to residents of a facility.
new text end

new text begin Subd. 23. new text end

new text begin Direct ownership interest. new text end

new text begin "Direct ownership interest" means an individual
or organization with the possession of at least five percent equity in capital, stock, or profits
of an organization, or who is a member of a limited liability company. An individual with
a five percent or more direct ownership is presumed to have an effect on the operation of
the facility with respect to factors affecting the care or training provided.
new text end

new text begin Subd. 24. new text end

new text begin Facility. new text end

new text begin "Facility" means a basic care facility, an assisted living facility, and
an assisted living facility with dementia care.
new text end

new text begin Subd. 25. new text end

new text begin Hands-on assistance. new text end

new text begin "Hands-on assistance" means physical help by another
person without which the resident is not able to perform the activity.
new text end

new text begin Subd. 26. new text end

new text begin Indirect ownership interest. new text end

new text begin "Indirect ownership interest" means an individual
or organization with a direct ownership interest in an entity that has a direct or indirect
ownership interest in a facility of at least five percent or more. An individual with a five
percent or more indirect ownership is presumed to have an effect on the operation of the
facility with respect to factors affecting the care or training provided.
new text end

new text begin Subd. 27. new text end

new text begin Licensed health professional. new text end

new text begin "Licensed health professional" means a person
licensed in Minnesota to practice the professions described in section 214.01, subdivision
2.
new text end

new text begin Subd. 28. new text end

new text begin Licensed resident bed capacity. new text end

new text begin "Licensed resident bed capacity" means the
resident occupancy level requested by a licensee and approved by the commissioner.
new text end

new text begin Subd. 29. 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 facility and who is responsible for the management, control, and
operation of a facility. A facility must be managed, controlled, and operated in a manner
that enables it to use its resources effectively and efficiently to attain or maintain the highest
practicable physical, mental, and psychosocial well-being of each resident.
new text end

new text begin Subd. 30. new text end

new text begin Maltreatment. new text end

new text begin "Maltreatment" means conduct described in section 626.5572,
subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury or
any persistent course of conduct intended to produce mental or emotional distress.
new text end

new text begin Subd. 31. 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. 32. new text end

new text begin Managerial official. new text end

new text begin "Managerial official" means an individual who has the
decision-making authority related to the operation of the facility and the responsibility for
the ongoing management or direction of the policies, services, or employees of the facility.
new text end

new text begin Subd. 33. new text end

new text begin Medication. new text end

new text begin "Medication" means a prescription or over-the-counter drug. For
purposes of this chapter only, medication includes dietary supplements.
new text end

new text begin Subd. 34. new text end

new text begin Medication administration. new text end

new text begin "Medication administration" means performing
a set of tasks that includes the following:
new text end

new text begin (1) checking the client's medication record;
new text end

new text begin (2) preparing the medication as necessary;
new text end

new text begin (3) administering the medication to the client;
new text end

new text begin (4) documenting the administration or reason for not administering the medication; and
new text end

new text begin (5) reporting to a registered nurse or appropriate licensed health professional any concerns
about the medication, the resident, or the resident's refusal to take the medication.
new text end

new text begin Subd. 35. new text end

new text begin Medication management. new text end

new text begin "Medication management" means the provision
of any of the following medication-related services to a resident:
new text end

new text begin (1) performing medication setup;
new text end

new text begin (2) administering medications;
new text end

new text begin (3) storing and securing medications;
new text end

new text begin (4) documenting medication activities;
new text end

new text begin (5) verifying and monitoring the effectiveness of systems to ensure safe handling and
administration;
new text end

new text begin (6) coordinating refills;
new text end

new text begin (7) handling and implementing changes to prescriptions;
new text end

new text begin (8) communicating with the pharmacy about the resident's medications; and
new text end

new text begin (9) coordinating and communicating with the prescriber.
new text end

new text begin Subd. 36. new text end

new text begin Medication reconciliation. new text end

new text begin "Medication reconciliation" means the process
of identifying the most accurate list of all medications the resident is taking, including the
name, dosage, frequency, and route by comparing the resident record to an external list of
medications obtained from the resident, hospital, prescriber or other provider.
new text end

new text begin Subd. 37. new text end

new text begin Medication setup. new text end

new text begin "Medication setup" means arranging medications by a
nurse, pharmacy, or authorized prescriber for later administration by the resident or by
facility staff.
new text end

new text begin Subd. 38. new text end

new text begin New construction. new text end

new text begin "New construction" means a new building, renovation,
modification, reconstruction, physical changes altering the use of occupancy, or an addition
to a building.
new text end

new text begin Subd. 39. new text end

new text begin Nurse. new text end

new text begin "Nurse" means a person who is licensed under sections 148.171 to
148.285.
new text end

new text begin Subd. 40. new text end

new text begin Occupational therapist. new text end

new text begin "Occupational therapist" means a person who is
licensed under sections 148.6401 to 148.6449.
new text end

new text begin Subd. 41. new text end

new text begin Ombudsman. new text end

new text begin "Ombudsman" means the ombudsman for long-term care.
new text end

new text begin Subd. 42. new text end

new text begin Owner. new text end

new text begin "Owner" means an individual or organization that has a direct or
indirect ownership interest of five percent or more in a facility. For purposes of this chapter,
"owner of a nonprofit corporation" means the president and treasurer of the board of directors
or, for an entity owned by an employee stock ownership plan, means the president and
treasurer of the entity. A government entity that is issued a license under this chapter shall
be designated the owner. An individual with a five percent or more direct or indirect
ownership is presumed to have an effect on the operation of the facility with respect to
factors affecting the care or training provided.
new text end

new text begin Subd. 43. new text end

new text begin Over-the-counter drug. new text end

new text begin "Over-the-counter drug" means a drug that is not
required by federal law to bear the symbol "Rx only."
new text end

new text begin Subd. 44. new text end

new text begin Person-centered planning and service delivery. new text end

new text begin "Person-centered planning
and service delivery" means services as defined in section 245D.07, subdivision 1a, paragraph
(b).
new text end

new text begin Subd. 45. new text end

new text begin Pharmacist. new text end

new text begin "Pharmacist" has the meaning given in section 151.01, subdivision
3.
new text end

new text begin Subd. 46. new text end

new text begin Physical therapist. new text end

new text begin "Physical therapist" means a person who is licensed under
sections 148.65 to 148.78.
new text end

new text begin Subd. 47. new text end

new text begin Physician. new text end

new text begin "Physician" means a person who is licensed under chapter 147.
new text end

new text begin Subd. 48. new text end

new text begin Prescriber. new text end

new text begin "Prescriber" means a person who is authorized by sections 148.235;
151.01, subdivision 23; and 151.37 to prescribe prescription drugs.
new text end

new text begin Subd. 49. new text end

new text begin Prescription. new text end

new text begin "Prescription" has the meaning given in section 151.01,
subdivision 16a.
new text end

new text begin Subd. 50. new text end

new text begin Provisional license. new text end

new text begin "Provisional license" means the initial license the
department issues after approval of a complete written application and before the department
completes the provisional license survey and determines that the provisional licensee is in
substantial compliance.
new text end

new text begin Subd. 51. new text end

new text begin Regularly scheduled. new text end

new text begin "Regularly scheduled" means ordered or planned to be
completed at predetermined times or according to a predetermined routine.
new text end

new text begin Subd. 52. new text end

new text begin Reminder. new text end

new text begin "Reminder" means providing a verbal or visual reminder to a
resident.
new text end

new text begin Subd. 53. new text end

new text begin Resident. new text end

new text begin "Resident" means a person living in an assisted living facility or a
basic care facility.
new text end

new text begin Subd. 54. new text end

new text begin Resident record. new text end

new text begin "Resident record" means all records that document
information about the services provided to the resident.
new text end

new text begin Subd. 55. new text end

new text begin Resident representative. new text end

new text begin "Resident representative" means a person designated
in writing by the resident and identified in the resident's records on file with the facility.
new text end

new text begin Subd. 56. new text end

new text begin Respiratory therapist. new text end

new text begin "Respiratory therapist" means a person who is licensed
under chapter 147C.
new text end

new text begin Subd. 57. new text end

new text begin Revenues. new text end

new text begin "Revenues" means all money received by a licensee derived from
the provision of home care services, including fees for services and appropriations of public
money for home care services.
new text end

new text begin Subd. 58. new text end

new text begin Service agreement. new text end

new text begin "Service agreement" means the written agreement between
the resident or the resident's representative and the provisional licensee or licensee about
the services that will be provided to the resident.
new text end

new text begin Subd. 59. new text end

new text begin Social worker. new text end

new text begin "Social worker" means a person who is licensed under chapter
148D or 148E.
new text end

new text begin Subd. 60. new text end

new text begin Speech-language pathologist. new text end

new text begin "Speech-language pathologist" has the meaning
given in section 148.512.
new text end

new text begin Subd. 61. new text end

new text begin Standby assistance. new text end

new text begin "Standby assistance" means the presence of another
person within arm's reach to minimize the risk of injury while performing daily activities
through physical intervention or cueing to assist a resident with an assistive task by providing
cues, oversight, and minimal physical assistance.
new text end

new text begin Subd. 62. new text end

new text begin Substantial compliance. new text end

new text begin "Substantial compliance" means complying with
the requirements in this chapter sufficiently to prevent unacceptable health or safety risks
to residents.
new text end

new text begin Subd. 63. new text end

new text begin Supportive services. new text end

new text begin "Supportive services" means:
new text end

new text begin (1) assistance with laundry, shopping, and household chores;
new text end

new text begin (2) housekeeping services;
new text end

new text begin (3) provision or assistance with meals or food preparation;
new text end

new text begin (4) help with arranging for, or arranging transportation to medical, social, recreational,
personal, or social services appointments; or
new text end

new text begin (5) provision of social or recreational services.
new text end

new text begin Arranging for services does not include making referrals, or contacting a service provider
in an emergency.
new text end

new text begin Subd. 64. new text end

new text begin Survey. new text end

new text begin "Survey" means an inspection of a licensee or applicant for licensure
for compliance with this chapter.
new text end

new text begin Subd. 65. new text end

new text begin Surveyor. new text end

new text begin "Surveyor" means a staff person of the department who is authorized
to conduct surveys of basic care facilities and assisted living facilities and applicants.
new text end

new text begin Subd. 66. new text end

new text begin Termination of housing or services. new text end

new text begin "Termination of housing or services"
means a discharge, eviction, transfer, or service termination initiated by the facility. A
facility-initiated termination is one which the resident objects to and did not originate through
a resident's verbal or written request. A resident-initiated termination is one where a resident
or, if appropriate, a designated representative provided a verbal or written notice of intent
to leave the facility. A resident-initiated termination does not include the general expression
of a desire to return home or the elopement of residents with cognitive impairment.
new text end

new text begin Subd. 67. new text end

new text begin Treatment or therapy. new text end

new text begin "Treatment" or "therapy" means the provision of care,
other than medications, ordered or prescribed by a licensed health professional and provided
to a resident to cure, rehabilitate, or ease symptoms.
new text end

new text begin Subd. 68. new text end

new text begin Unit of government. new text end

new text begin "Unit of government" means a city, county, town, school
district, other political subdivision of the state, or an agency of the state or federal
government, that includes any instrumentality of a unit of government.
new text end

new text begin Subd. 69. new text end

new text begin Unlicensed personnel. new text end

new text begin "Unlicensed personnel" means individuals not otherwise
licensed or certified by a governmental health board or agency who provide services to a
resident.
new text end

new text begin Subd. 70. new text end

new text begin Verbal. new text end

new text begin "Verbal" means oral and not in writing.
new text end

Sec. 3.

new text begin [144I.02] BASIC CARE FACILITY AND ASSISTED LIVING FACILITY
LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin Beginning August 1, 2021, an entity may not operate
a basic care facility or an assisted living facility in Minnesota unless it is licensed under
this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Licensure categories. new text end

new text begin (a) The categories in this subdivision are established for
a basic care facility and an assisted living facility licensure.
new text end

new text begin (b) A basic care category is a basic care facility that provides basic care services. A basic
care category facility shall not provide comprehensive assisted living services.
new text end

new text begin (c) An assisted living category is an assisted living facility that provides basic care
services and comprehensive assisted living services.
new text end

new text begin (d) An assisted living facility with dementia care category is an assisted living facility
that provides basic care services, comprehensive assisted living services, and dementia care
services. An assisted living facility with dementia care may also provide dementia care
services in a secure dementia care unit.
new text end

new text begin Subd. 3. new text end

new text begin Violations; penalty. new text end

new text begin (a) Operating a facility without a license is a misdemeanor
punishable by a fine imposed by the commissioner.
new text end

new text begin (b) A controlling individual of the facility in violation of this section is guilty of a
misdemeanor. This paragraph shall not apply to any controlling individual who had no legal
authority to affect or change decisions related to the operation of the facility.
new text end

new text begin (c) The sanctions in this section do not restrict other available sanctions in law.
new text end

Sec. 4.

new text begin [144I.03] PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Provisional license. new text end

new text begin (a) Beginning August 1, 2021, for new applicants,
the commissioner shall issue a provisional license to each of the licensure categories specified
in section 144I.02, subdivision 2, which is effective for up to one year from the license
effective date, except that a provisional license may be extended according to subdivision
2, paragraph (c).
new text end

new text begin (b) Basic care facilities and assisted living facilities are subject to evaluation and approval
by the commissioner of the facility's physical environment and its operational aspects before
a change in ownership or capacity, or an addition of services which necessitates a change
in the facility's physical environment.
new text end

new text begin Subd. 2. new text end

new text begin Initial survey; licensure. new text end

new text begin (a) During the provisional license period, the
commissioner shall survey the provisional licensee after the commissioner is notified or
has evidence that the provisional licensee has residents and is providing services.
new text end

new text begin (b) Within two days of beginning to provide services, the provisional licensee must
provide notice to the commissioner that it is serving residents by sending an e-mail to the
e-mail address provided by the commissioner. If the provisional licensee does not provide
services during the provisional license year period, then the provisional license expires at
the end of the period and the applicant must reapply for the provisional facility license.
new text end

new text begin (c) If the provisional licensee notifies the commissioner that the licensee has residents
within 45 days prior to the provisional license expiration, the commissioner may extend the
provisional license for up to 60 days in order to allow the commissioner to complete the
on-site survey required under this section and follow-up survey visits.
new text end

new text begin (d) If the provisional licensee is in substantial compliance with the survey, the
commissioner shall issue a facility license. If the provisional licensee is not in substantial
compliance with the initial survey, the commissioner shall either: (1) not issue the facility
license and terminate the provisional license; or (2) extend the provisional license for a
period not to exceed 90 days and apply conditions necessary to bring the facility into
substantial compliance. If the provisional licensee is not in substantial compliance with the
survey within the time period of the extension or if the provisional licensee does not satisfy
the license conditions, the commissioner may deny the license.
new text end

new text begin Subd. 3. new text end

new text begin Reconsideration. new text end

new text begin (a) If a provisional licensee whose facility license has been
denied or extended with conditions disagrees with the conclusions of the commissioner,
then the provisional licensee may request a reconsideration by the commissioner or
commissioner's designee. The reconsideration request process must be conducted internally
by the commissioner or designee and chapter 14 does not apply.
new text end

new text begin (b) The provisional licensee requesting the reconsideration must make the request in
writing and must list and describe the reasons why the provisional licensee disagrees with
the decision to deny the facility license or the decision to extend the provisional license
with conditions.
new text end

new text begin (c) The reconsideration request and supporting documentation must be received by the
commissioner within 15 calendar days after the date the provisional licensee receives the
denial or provisional license with conditions.
new text end

new text begin Subd. 4. new text end

new text begin Continued operation. new text end

new text begin A provisional licensee whose license is denied is
permitted to continue operating during the period of time when:
new text end

new text begin (1) a reconsideration is in process;
new text end

new text begin (2) an extension of the provisional license and terms associated with it is in active
negotiation between the commissioner and the licensee and the commissioner confirms the
negotiation is active; or
new text end

new text begin (3) a transfer of residents to a new facility is underway and not all of the residents have
relocated.
new text end

new text begin Subd. 5. new text end

new text begin Requirements for notice and transfer. new text end

new text begin A provisional licensee whose license
is denied must comply with the requirements for notification and transfer of residents in
section 144I.26.
new text end

new text begin Subd. 6. new text end

new text begin Fines. new text end

new text begin The fee for failure to comply with the notification requirements in section
144I.26, subdivision 5, paragraph (b), is $1,000.
new text end

Sec. 5.

new text begin [144I.04] APPLICATION FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin License applications. new text end

new text begin (a) Each application for a facility license, including
a provisional license, must include information sufficient to show that the applicant meets
the requirements of licensure, including:
new text end

new text begin (1) the business name and legal entity name of the operating entity; street address and
mailing address of the facility; and the names, e-mail addresses, telephone numbers, and
mailing addresses of all owners, controlling individuals, managerial officials, and the assisted
living administrator;
new text end

new text begin (2) the name and e-mail address of the managing agent, if applicable;
new text end

new text begin (3) the licensed bed capacity and the license category;
new text end

new text begin (4) the license fee in the amount specified in section 144.122;
new text end

new text begin (5) any judgments, private or public litigation, tax liens, written complaints, administrative
actions, or investigations by any government agency against the applicant, owner, controlling
individual, managerial official, or assisted living administrator that are unresolved or
otherwise filed or commenced within the preceding ten years;
new text end

new text begin (6) documentation of compliance with the background study requirements in section
144I.06 for the owner, controlling individuals, 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

new text begin (7) evidence of workers' compensation coverage as required by sections 176.181 and
176.182;
new text end

new text begin (8) disclosure that the provider has no liability coverage or, if the provider has coverage,
documentation of coverage;
new text end

new text begin (9) a copy of the executed lease agreement if applicable;
new text end

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

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

new text begin (12) a copy of the executed agreement if the facility has contracted services with another
organization or individual for services such as managerial, billing, consultative, or medical
personnel staffing;
new text end

new text begin (13) a copy of the organizational chart that identifies all organizations and individuals
with any ownership interests in the facility;
new text end

new text begin (14) whether any applicant, owner, controlling individual, managerial official, or assisted
living administrator of the facility has ever been convicted of a crime or found civilly liable
for an offense involving moral turpitude, including forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to defraud, or any other similar offense
or violation; any violation of section 626.557 or any other similar law in any other state; or
any violation of a federal or state law or regulation in connection with activities involving
any consumer fraud, false advertising, deceptive trade practices, or similar consumer
protection law;
new text end

new text begin (15) whether the applicant or any owner, controlling individual, managerial official, or
assisted living 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) documentation that the applicant has designated one or more owners, controlling
individuals, or employees as an agent or agents, which shall not affect the legal responsibility
of any other owner or controlling individual under this chapter;
new text end

new text begin (17) the signature of the owner or owners, or an authorized agent of the owner or owners
of the facility applicant. An application submitted on behalf of a business entity must be
signed by at least two owners or controlling individuals;
new text end

new text begin (18) identification of all states where the applicant or individual having a five percent
or more ownership, currently or previously has been licensed as owner or operator of a
long-term care, community-based, or health care facility or agency where its license or
federal certification has been denied, suspended, restricted, conditioned, 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

new text begin (19) any other information required by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Agents. new text end

new text begin (a) An application for a facility license or for renewal of a facility
license must specify one or more owners, controlling individuals, or employees as agents:
new text end

new text begin (1) who shall be responsible for dealing with the commissioner on all requirements of
this chapter; and
new text end

new text begin (2) on whom personal service of all notices and orders shall be made and who shall be
authorized to accept service on behalf of all of the controlling individuals of the facility in
proceedings under this chapter.
new text end

new text begin (b) Notwithstanding any law to the contrary, personal service on the designated person
or persons named in the application is deemed to be service on all of the controlling
individuals or managerial employees of the facility and it is not a defense to any action
arising under this chapter that personal service was not made on each controlling individual
or managerial official of the facility. The designation of one or more controlling individuals
or managerial officials under this subdivision shall not affect the legal responsibility of any
other controlling individual or managerial official under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Fees. new text end

new text begin (a) An initial applicant, renewal applicant, or applicant filing a change
of ownership for a basic care facility or assisted living facility licensure must submit the
application fee required in section 144I.122 to the commissioner along with a completed
application.
new text end

new text begin (b) The penalty for late submission of the renewal application after expiration of the
license is $200. The penalty for operating a facility after expiration of the license and before
a renewal license is issued, is $250 each day after expiration of the license until the renewal
license issuance date. The facility is still subject to the criminal gross misdemeanor penalties
for operating after license expiration.
new text end

new text begin (c) Fees collected under this section shall be deposited in the state treasury and credited
to the state government special revenue fund. All fees are nonrefundable.
new text end

new text begin (d) Fines collected under this subdivision 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 to implement the recommendations of the advisory council established
in section 144A.4799.
new text end

Sec. 6.

new text begin [144I.05] TRANSFER OF LICENSE PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Transfers prohibited. new text end

new text begin Any facility license issued by the commissioner
may not be transferred to another party.
new text end

new text begin Subd. 2. new text end

new text begin New license required. new text end

new text begin (a) Before acquiring ownership of a facility, a prospective
applicant must apply for a new license. The licensee of a basic care facility or an assisted
living facility must change whenever the following events occur, including but not limited
to:
new text end

new text begin (1) the licensee's form of legal organization is changed;
new text end

new text begin (2) the licensee transfers ownership of the facility business enterprise to another party
regardless of whether ownership of some or all of the real property or personal property
assets of the assisted living facility is also transferred;
new text end

new text begin (3) 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 (4) during any continuous 24-month period, 50 percent or more of the licensed entity 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 (5) any other event or combination of events that results in a substitution, elimination,
or withdrawal of the licensee's control of the facility.
new text end

new text begin (b) As used in this section, "control" means the possession, directly or indirectly, of the
power to direct the management, operation, and policies of the licensee or facility, whether
through ownership, voting control, by agreement, by contract, or otherwise.
new text end

new text begin (c) The current facility licensee must provide written notice to the department and
residents, or designated representatives, at least 60 calendar days prior to the anticipated
date of the change of licensee.
new text end

new text begin Subd. 3. new text end

new text begin Survey required. new text end

new text begin For all new licensees after a change in ownership, the
commissioner shall complete a survey within six months after the new license is issued.
new text end

Sec. 7.

new text begin [144I.06] BACKGROUND STUDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Background studies required. new text end

new text begin (a) Before the commissioner issues a
provisional license, issues a license as a result of an approved change of ownership, or
renews a license, a controlling individual or managerial official is required to complete a
background study under section 144.057. No person may be involved in the management,
operation, or control of a facility if the person has been disqualified under chapter 245C.
For the purposes of this section, managerial officials subject to the background check
requirement are individuals who provide direct contact.
new text end

new text begin (b) The commissioner shall not issue a license if the controlling individual or managerial
official has been unsuccessful in having a background study disqualification set aside under
section 144.057 and chapter 245C.
new text end

new text begin (c) Employees, contractors, and volunteers of the facility are subject to the background
study required by section 144.057 and may be disqualified under chapter 245C. Nothing in
this section shall be construed to prohibit the facility from requiring self-disclosure of
criminal conviction information.
new text end

new text begin Subd. 2. new text end

new text begin Reconsideration. new text end

new text begin If an individual is disqualified under section 144.057 or
chapter 245C, the individual may request reconsideration of the disqualification. If the
individual requests reconsideration and the commissioner sets aside or rescinds the
disqualification, the individual is eligible to be involved in the management, operation, or
control of the facility. If an individual has a disqualification under section 245C.15,
subdivision 1, and the disqualification is affirmed, the individual's disqualification is barred
from a set aside, and the individual must not be involved in the management, operation, or
control of the facility.
new text end

new text begin Subd. 3. new text end

new text begin Data classification. new text end

new text begin Data collected under this subdivision shall be classified
as private data on individuals under section 13.02, subdivision 12.
new text end

new text begin Subd. 4. new text end

new text begin Termination in good faith. new text end

new text begin Termination of an employee in good faith reliance
on information or records obtained under this section regarding a confirmed conviction does
not subject the assisted living facility to civil liability or liability for unemployment benefits.
new text end

Sec. 8.

new text begin [144I.07] LICENSE RENEWAL.
new text end

new text begin Except as provided in section ......., a license that is not a provisional license may be
renewed for a period of up to one year if the licensee satisfies the following:
new text end

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

new text begin (2) submits the renewal fee under section 144I.04, subdivision 3;
new text end

new text begin (3) submits the late fee under section 144I.04, subdivision 3, if the renewal application
is received less than 30 days before the expiration date of the license;
new text end

new text begin (4) provides information sufficient to show that the applicant meets the requirements of
licensure, including items required under section 144I.04, subdivision 1; and
new text end

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

Sec. 9.

new text begin [144I.08] NOTIFICATION OF CHANGES INFORMATION.
new text end

new text begin A provisional licensee or licensee shall notify the commissioner in writing prior to any
financial or contractual change and within 60 calendar days after any change in the
information required in section 144I.04, subdivision 1.
new text end

Sec. 10.

new text begin [144I.09] CONSIDERATION OF APPLICATIONS.
new text end

new text begin (a) The commissioner shall consider an applicant's performance history in Minnesota
and in other states, including repeat violations or rule violations, before issuing a provisional
license, license, or renewal license.
new text end

new text begin (b) An applicant must not have a history within the last five years in Minnesota or in
any other state of a license or certification involuntarily suspended or voluntarily terminated
during any enforcement process in a facility that provides care to children, the elderly or ill
individuals, or individuals with disabilities.
new text end

new text begin (c) Failure to provide accurate information or demonstrate required performance history
may result in the denial of a license.
new text end

new text begin (d) 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 shall be 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 representatives or agents of the department to inspect
its books, records, and files, or any portion of the premises;
new text end

new text begin (4) willfully prevented, interfered with, or attempted to impede in any way: (i) the work
of any authorized representative of the department, 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;
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; and
new text end

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

new text begin (e) For all new licensees after a change in ownership, the commissioner shall complete
a survey within six months after the new license is issued.
new text end

Sec. 11.

new text begin [144I.10] MINIMUM BASIC CARE FACILITY AND ASSISTED LIVING
FACILITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Minimum requirements. new text end

new text begin All licensed facilities shall:
new text end

new text begin (1) distribute to residents, families, and resident representatives the basic care and assisted
living bill of rights in section 144J.06;
new text end

new text begin (2) provide health-related services in a manner that complies with the Nurse Practice
Act in sections 148.171 to 148.285;
new text end

new text begin (3) utilize person-centered planning and service delivery process as defined in section
245D.07;
new text end

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

new text begin (5) provide a means for residents to request assistance for health and safety needs 24
hours per day, seven days per week;
new text end

new text begin (6) allow residents the ability to furnish and decorate the resident's unit within the terms
of the lease;
new text end

new text begin (7) permit residents access to food at any time;
new text end

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

new text begin (9) allow the resident the right to choose a roommate if sharing a unit;
new text end

new text begin (10) notify the resident of the resident's right to have and use a lockable door to the
resident's unit. The licensee shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible;
new text end

new text begin (11) develop and implement a staffing plan for determining its staffing level that:
new text end

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

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

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

new text begin (12) ensures that a person or persons are available 24 hours per day, seven days per
week, who are responsible for responding to the requests of residents for assistance with
health or safety needs, who shall be:
new text end

new text begin (i) awake;
new text end

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

new text begin (iii) capable of communicating with residents;
new text end

new text begin (iv) capable of providing or summoning the appropriate assistance; and
new text end

new text begin (v) capable of following directions. For an assisted living facility providing dementia
care, the awake person must be physically present in the locked or secure unit; and
new text end

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

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

new text begin (A) modified special diets that are appropriate to residents' needs and choices;
new text end

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

new text begin (C) food must be prepared and served according to the Minnesota Food Code, Minnesota
Rules, chapter 4626; and
new text end

new text begin (D) the facility cannot require a resident to include and pay for meals in their contract;
new text end

new text begin (ii) weekly housekeeping;
new text end

new text begin (iii) weekly laundry service;
new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Policies and procedures. new text end

new text begin (a) Each facility must have policies and procedures
in place to address the following and keep them current:
new text end

new text begin (1) requirements in section 626.557, reporting of maltreatment of vulnerable adults;
new text end

new text begin (2) conducting and handling background studies on employees;
new text end

new text begin (3) orientation, training, and competency evaluations of staff, and a process for evaluating
staff performance;
new text end

new text begin (4) handling complaints from residents, family members, or designated representatives
regarding staff or services provided by staff;
new text end

new text begin (5) conducting initial evaluation of residents' needs and the providers' ability to provide
those services;
new text end

new text begin (6) conducting initial and ongoing resident evaluations and assessments and how changes
in a resident's condition are identified, managed, and communicated to staff and other health
care providers as appropriate;
new text end

new text begin (7) orientation to and implementation of the basic care and assisted living bill of rights;
new text end

new text begin (8) infection control practices;
new text end

new text begin (9) reminders for medications, treatments, or exercises, if provided; and
new text end

new text begin (10) conducting appropriate screenings, or documentation of prior screenings, to show
that staff are free of tuberculosis, consistent with current United States Centers for Disease
Control and Prevention standards.
new text end

new text begin (b) For assisted living facilities and assisted living facilities with dementia care, the
following are also required:
new text end

new text begin (1) conducting initial and ongoing assessments of the resident's needs by a registered
nurse or appropriate licensed health professional, including how changes in the resident's
conditions are identified, managed, and communicated to staff and other health care
providers, as appropriate;
new text end

new text begin (2) ensuring that nurses and licensed health professionals have current and valid licenses
to practice;
new text end

new text begin (3) medication and treatment management;
new text end

new text begin (4) delegation of tasks by registered nurses or licensed health professionals;
new text end

new text begin (5) supervision of registered nurses and licensed health professionals; and
new text end

new text begin (6) supervision of unlicensed personnel performing delegated tasks.
new text end

new text begin Subd. 3. new text end

new text begin Infection control program. new text end

new text begin The facility shall establish and maintain an infection
control program.
new text end

new text begin Subd. 4. new text end

new text begin Clinical nurse supervision. new text end

new text begin All assisted living facilities must have a clinical
nurse supervisor who is a registered nurse licensed in Minnesota.
new text end

new text begin Subd. 5. new text end

new text begin Resident and family or resident representative councils. new text end

new text begin (a) If a resident,
family, or designated representative chooses to establish a council, the licensee shall support
the council's establishment. The facility must provide assistance and space for meetings and
afford privacy. Staff or visitors may attend meetings only upon the council's invitation. A
staff person must be designated the responsibility of providing this assistance and responding
to written requests that result from council meetings. Resident council minutes are public
data and shall be available to all residents in the facility. Family or resident representatives
may attend resident councils upon invitation by a resident on the council.
new text end

new text begin (b) All assisted living facilities shall engage their residents and families or designated
representatives in the operation of their community and document the methods and results
of this engagement.
new text end

new text begin Subd. 6. new text end

new text begin Resident grievances. new text end

new text begin 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 Minnesota Adult Abuse Reporting
Center, the common entry point, and the state and applicable regional Office of Ombudsman
for Long-Term Care.
new text end

new text begin Subd. 7. new text end

new text begin Protecting resident rights. new text end

new text begin A facility shall ensure that every resident has access
to consumer advocacy or legal services by:
new text end

new text begin (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 residents;
new text end

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

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

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

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

new text begin Subd. 8. new text end

new text begin Protection-related rights. new text end

new text begin (a) In addition to the rights required in the basic
care and assisted living bill of rights under section 144I.06, the following rights must be
provided to all residents. The facility must promote and protect these rights for each resident
by making residents aware of these rights and ensuring staff are trained to support these
rights:
new text end

new text begin (1) the right to furnish and decorate the resident's unit within the terms of the lease;
new text end

new text begin (2) the right to access food at any time;
new text end

new text begin (3) the right to choose visitors and the times of visits;
new text end

new text begin (4) the right to choose a roommate if sharing a unit;
new text end

new text begin (5) the right to personal privacy including the right to have and use a lockable door on
the resident's unit. The facility shall provide the locks on the resident's unit. Only a staff
member with a specific need to enter the unit shall have keys, and advance notice must be
given to the resident before entrance, when possible;
new text end

new text begin (6) the right to engage in chosen activities;
new text end

new text begin (7) the right to engage in community life;
new text end

new text begin (8) the right to control personal resources; and
new text end

new text begin (9) the right to individual autonomy, initiative, and independence in making life choices
including a daily schedule and with whom to interact.
new text end

new text begin (b) The resident's rights in paragraph (a), clauses (2), (3), and (5), may be restricted for
an individual resident only if determined necessary for health and safety reasons identified
by the facility through an initial assessment or reassessment under section 144I.15,
subdivision 9, and documented in the written service agreement under section 144I.15,
subdivision 10. Any restrictions of those rights for people served under sections 256B.0915
and 256B.49 must be documented by the case manager in the resident's coordinated service
and support plan (CSSP), as defined in sections 256B.0915, subdivision 6, and 256B.49,
subdivision 15.
new text end

new text begin Subd. 9. new text end

new text begin Payment for services under disability waivers. new text end

new text begin For new facilities, home and
community-based services under section 256B.49 are not available when the new facility
setting is adjoined to, or on the same property as, an institution as defined in Code of Federal
Regulations, title 42, section 441.301(c).
new text end

new text begin Subd. 10. new text end

new text begin No discrimination based on source of payment. new text end

new text begin All facilities must, regardless
of the source of payment and for all persons seeking to reside or residing in the facility:
new text end

new text begin (1) provide equal access to quality care; and
new text end

new text begin (2) establish, maintain, and implement identical policies and practices regarding residency,
transfer, and provision and termination of services.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

new text begin [144I.11] FACILITY RESPONSIBILITIES; HOUSING AND
SERVICE-RELATED MATTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Responsibility for housing and services. new text end

new text begin The facility is directly
responsible to the resident for all housing and service-related matters provided, irrespective
of a management contract. Housing and service-related matters include but are not limited
to the handling of complaints, the provision of notices, and the initiation of any adverse
action against the resident involving housing or services provided by the facility.
new text end

new text begin Subd. 2. new text end

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

new text begin (a) On and after August 1, 2021, a
facility must provide to prospective residents, the prospective resident's designated
representative, and any other person or persons the resident chooses:
new text end

new text begin (1) a written checklist listing all services permitted under the facility's license, identifying
all services the facility offers to provide under the assisted living facility and basic care
facility contract, and identifying all services allowed under the license that the facility does
not provide; and
new text end

new text begin (2) an oral explanation of the services offered under the contract.
new text end

new text begin (b) The requirements of paragraph (a) must be completed prior to the execution of the
resident contract.
new text end

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

new text begin Subd. 3. new text end

new text begin Reservation of rights. new text end

new text begin Nothing in this chapter:
new text end

new text begin (1) requires a resident to utilize any service provided by or through, or made available
in, a facility;
new text end

new text begin (2) prevents a facility from requiring, as a condition of the contract, that the resident pay
for a package of services even if the resident does not choose to use all or some of the
services in the package. For residents who are eligible for home and community-based
waiver services under sections 256B.0915 and 256B.49, payment for services will follow
the policies of those programs;
new text end

new text begin (3) requires a facility to fundamentally alter the nature of the operations of the facility
in order to accommodate a resident's request; or
new text end

new text begin (4) affects the duty of a facility to grant a resident's request for reasonable
accommodations.
new text end

Sec. 13.

new text begin [144I.12] TRANSFER OF RESIDENTS WITHIN FACILITY.
new text end

new text begin (a) A facility must provide for the safe, orderly, and appropriate transfer of residents
within the facility.
new text end

new text begin (b) If a basic care and assisted living contract permits resident transfers within the facility,
the facility must provide at least 30 days' advance notice of the transfer to the resident and
the resident's designated representative.
new text end

new text begin (c) In situations where there is a curtailment, reduction, capital improvement, or change
in operations within a facility, the facility must minimize the number of transfers needed
to complete the project or change in operations, consider individual resident needs and
preferences, and provide reasonable accommodation for individual resident requests regarding
the room transfer. The facility must provide notice to the Office of Ombudsman for
Long-Term Care and, when appropriate, the Office of Ombudsman for Mental Health and
Developmental Disabilities in advance of any notice to residents, residents' designated
representatives, and families when all of the following circumstances apply:
new text end

new text begin (1) the transfers of residents within the facility are being proposed due to curtailment,
reduction, capital improvements, or change in operations;
new text end

new text begin (2) the transfers of residents within the facility are not temporary moves to accommodate
physical plan upgrades or renovation; and
new text end

new text begin (3) the transfers involve multiple residents being moved simultaneously.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

new text begin [144I.13] FACILITY RESPONSIBILITIES; BUSINESS OPERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Display of license. new text end

new text begin The original current license must be displayed at the
main entrance of the facility. The facility must provide a copy of the license to any person
who requests it.
new text end

new text begin Subd. 2. new text end

new text begin Quality management. new text end

new text begin The facility shall engage in quality management
appropriate to the size of the facility and relevant to the type of services provided. The
quality management activity means evaluating the quality of care by periodically reviewing
resident services, complaints made, and other issues that have occurred and determining
whether changes in services, staffing, or other procedures need to be made in order to ensure
safe and competent services to residents. Documentation about quality management activity
must be available for two years. Information about quality management must be available
to the commissioner at the time of the survey, investigation, or renewal.
new text end

new text begin Subd. 3. new text end

new text begin Facility restrictions. new text end

new text begin (a) This subdivision does not apply to licensees that are
Minnesota counties or other units of government.
new text end

new text begin (b) A facility or staff person cannot accept a power-of-attorney from residents for any
purpose, and may not accept appointments as guardians or conservators of residents.
new text end

new text begin (c) A facility cannot serve as a resident's representative.
new text end

new text begin Subd. 4. new text end

new text begin Handling resident's finances and property. new text end

new text begin (a) A facility may assist residents
with household budgeting, including paying bills and purchasing household goods, but may
not otherwise manage a resident's property. A facility must provide a resident with receipts
for all transactions and purchases paid with the resident's funds. When receipts are not
available, the transaction or purchase must be documented. A facility must maintain records
of all such transactions.
new text end

new text begin (b) A facility or staff person may not borrow a resident's funds or personal or real
property, nor in any way convert a resident's property to the facility's or staff person's
possession.
new text end

new text begin (c) Nothing in this section precludes a facility or staff from accepting gifts of minimal
value or precludes the acceptance of donations or bequests made to a facility that are exempt
from income tax under section 501(c) of the Internal Revenue Code of 1986.
new text end

new text begin Subd. 5. new text end

new text begin Reporting maltreatment of vulnerable adults; abuse prevention plan. new text end

new text begin (a)
All facilities must comply with the requirements for the reporting of maltreatment of
vulnerable adults in section 626.557. Each facility must establish and implement a written
procedure to ensure that all cases of suspected maltreatment are reported.
new text end

new text begin (b) Each facility must develop and implement an individual abuse prevention plan for
each vulnerable adult. The plan shall contain an individualized review or assessment of the
person's susceptibility to abuse by another individual, including other vulnerable adults; the
person's risk of abusing other vulnerable adults; and statements of the specific measures to
be taken to minimize the risk of abuse to that person and other vulnerable adults. For purposes
of the abuse prevention plan, abuse includes self-abuse.
new text end

new text begin Subd. 6. new text end

new text begin Reporting suspected crime and maltreatment. new text end

new text begin (a) A facility shall support
protection and safety through access to the state's systems for reporting suspected criminal
activity and suspected vulnerable adult maltreatment by:
new text end

new text begin (1) posting the 911 emergency number in common areas and near telephones provided
by the assisted living facility;
new text end

new text begin (2) posting information and the reporting number for the common entry point under
section 626.557 to report suspected maltreatment of a vulnerable adult; and
new text end

new text begin (3) providing reasonable accommodations with information and notices in plain language.
new text end

new text begin Subd. 7. new text end

new text begin Employee records. new text end

new text begin (a) The facility must maintain current records of each paid
employee, regularly scheduled volunteers providing services, and each individual contractor
providing services. The records must include the following information:
new text end

new text begin (1) evidence of current professional licensure, registration, or certification if licensure,
registration, or certification is required by this statute or other rules;
new text end

new text begin (2) records of orientation, required annual training and infection control training, and
competency evaluations;
new text end

new text begin (3) current job description, including qualifications, responsibilities, and identification
of staff persons providing supervision;
new text end

new text begin (4) documentation of annual performance reviews that identify areas of improvement
needed and training needs;
new text end

new text begin (5) for individuals providing facility services, verification that required health screenings
under section 144I.034, subdivision 7, have taken place and the dates of those screenings;
and
new text end

new text begin (6) documentation of the background study as required under section 144.057.
new text end

new text begin (b) Each employee record must be retained for at least three years after a paid employee,
volunteer, or contractor ceases to be employed by, provide services at, or be under contract
with the facility. If a facility ceases operation, employee records must be maintained for
three years after facility operations cease.
new text end

new text begin Subd. 8. new text end

new text begin Compliance officer. new text end

new text begin Every assisted living facility shall have a compliance
officer who is a licensed assisted living administrator. An individual licensed as a nursing
home administrator, an assisted living administrator, or a health services executive shall
automatically meet the qualifications of a compliance officer.
new text end

Sec. 15.

new text begin [144I.14] FACILITY RESPONSIBILITIES; STAFF.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications, training, and competency. new text end

new text begin All staff persons providing
services must be trained and competent in the provision of services consistent with current
practice standards appropriate to the resident's needs and be informed of the basic care and
assisted living bill of rights under section 144I.21.
new text end

new text begin Subd. 2. new text end

new text begin Licensed health professionals and nurses. new text end

new text begin (a) Licensed health professionals
and nurses providing services as employees of a licensed facility must possess a current
Minnesota license or registration to practice.
new text end

new text begin (b) Licensed health professionals and registered nurses must be competent in assessing
resident needs, planning appropriate services to meet resident needs, implementing services,
and supervising staff if assigned.
new text end

new text begin (c) Nothing in this section limits or expands the rights of nurses or licensed health
professionals to provide services within the scope of their licenses or registrations, as
provided by law.
new text end

new text begin Subd. 3. new text end

new text begin Unlicensed personnel. new text end

new text begin (a) Unlicensed personnel providing services must have:
new text end

new text begin (1) successfully completed a training and competency evaluation appropriate to the
services provided by the facility and the topics listed in subdivision 6, paragraph (b); or
new text end

new text begin (2) demonstrated competency by satisfactorily completing a written or oral test on the
tasks the unlicensed personnel will perform and on the topics listed in subdivision 6,
paragraph (b); and successfully demonstrated competency of topics in subdivision 6,
paragraph (b), clauses (5), (7), and (8), by a practical skills test.
new text end

new text begin Unlicensed personnel providing basic care services shall not perform delegated nursing or
therapy tasks.
new text end

new text begin (b) Unlicensed personnel performing delegated nursing tasks in an assisted living facility
must:
new text end

new text begin (1) have successfully completed training and demonstrated competency by successfully
completing a written or oral test of the topics in subdivision 6, paragraphs (b) and (c), and
a practical skills test on tasks listed in subdivision 6, paragraphs (b), clauses (5) and (7),
and (c), clauses (3), (5), (6), and (7), and all the delegated tasks they will perform;
new text end

new text begin (2) satisfy the current requirements of Medicare for training or competency of home
health aides or nursing assistants, as provided by Code of Federal Regulations, title 42,
section 483 or 484.36; or
new text end

new text begin (3) have, before April 19, 1993, completed a training course for nursing assistants that
was approved by the commissioner.
new text end

new text begin (c) Unlicensed personnel performing therapy or treatment tasks delegated or assigned
by a licensed health professional must meet the requirements for delegated tasks in
subdivision 4 and any other training or competency requirements within the licensed health
professional's scope of practice relating to delegation or assignment of tasks to unlicensed
personnel.
new text end

new text begin Subd. 4. new text end

new text begin Delegation of assisted living services. new text end

new text begin A registered nurse or licensed health
professional may delegate tasks only to staff who are competent and possess the knowledge
and skills consistent with the complexity of the tasks and according to the appropriate
Minnesota practice act. The assisted living facility must establish and implement a system
to communicate up-to-date information to the registered nurse or licensed health professional
regarding the current available staff and their competency so the registered nurse or licensed
health professional has sufficient information to determine the appropriateness of delegating
tasks to meet individual resident needs and preferences.
new text end

new text begin Subd. 5. new text end

new text begin Temporary staff. new text end

new text begin When a facility contracts with a temporary staffing agency,
those individuals must meet the same requirements required by this section for personnel
employed by the facility and shall be treated as if they are staff of the facility.
new text end

new text begin Subd. 6. new text end

new text begin Requirements for instructors, training content, and competency evaluations
for unlicensed personnel.
new text end

new text begin (a) Instructors and competency evaluators must meet the following
requirements:
new text end

new text begin (1) training and competency evaluations of unlicensed personnel providing basic care
services must be conducted by individuals with work experience and training in providing
basic care services; and
new text end

new text begin (2) training and competency evaluations of unlicensed personnel providing comprehensive
assisted living services must be conducted by a registered nurse, or another instructor may
provide training in conjunction with the registered nurse.
new text end

new text begin (b) Training and competency evaluations for all unlicensed personnel must include the
following:
new text end

new text begin (1) documentation requirements for all services provided;
new text end

new text begin (2) reports of changes in the resident's condition to the supervisor designated by the
facility;
new text end

new text begin (3) basic infection control, including blood-borne pathogens;
new text end

new text begin (4) maintenance of a clean and safe environment;
new text end

new text begin (5) appropriate and safe techniques in personal hygiene and grooming, including:
new text end

new text begin (i) hair care and bathing;
new text end

new text begin (ii) care of teeth, gums, and oral prosthetic devices;
new text end

new text begin (iii) care and use of hearing aids; and
new text end

new text begin (iv) dressing and assisting with toileting;
new text end

new text begin (6) training on the prevention of falls;
new text end

new text begin (7) standby assistance techniques and how to perform them;
new text end

new text begin (8) medication, exercise, and treatment reminders;
new text end

new text begin (9) basic nutrition, meal preparation, food safety, and assistance with eating;
new text end

new text begin (10) preparation of modified diets as ordered by a licensed health professional;
new text end

new text begin (11) communication skills that include preserving the dignity of the resident and showing
respect for the resident and the resident's preferences, cultural background, and family;
new text end

new text begin (12) awareness of confidentiality and privacy;
new text end

new text begin (13) understanding appropriate boundaries between staff and residents and the resident's
family;
new text end

new text begin (14) procedures to use in handling various emergency situations; and
new text end

new text begin (15) awareness of commonly used health technology equipment and assistive devices.
new text end

new text begin (c) In addition to paragraph (b), training and competency evaluation for unlicensed
personnel providing comprehensive assisted living services must include:
new text end

new text begin (1) observing, reporting, and documenting resident status;
new text end

new text begin (2) basic knowledge of body functioning and changes in body functioning, injuries, or
other observed changes that must be reported to appropriate personnel;
new text end

new text begin (3) reading and recording temperature, pulse, and respirations of the resident;
new text end

new text begin (4) recognizing physical, emotional, cognitive, and developmental needs of the resident;
new text end

new text begin (5) safe transfer techniques and ambulation;
new text end

new text begin (6) range of motioning and positioning; and
new text end

new text begin (7) administering medications or treatments as required.
new text end

new text begin (d) When the registered nurse or licensed health professional delegates tasks, that person
must ensure that prior to the delegation the unlicensed personnel is trained in the proper
methods to perform the tasks or procedures for each resident and are able to demonstrate
the ability to competently follow the procedures and perform the tasks. If an unlicensed
personnel has not regularly performed the delegated assisted living task for a period of 24
consecutive months, the unlicensed personnel must demonstrate competency in the task to
the registered nurse or appropriate licensed health professional. The registered nurse or
licensed health professional must document instructions for the delegated tasks in the
resident's record.
new text end

new text begin Subd. 7. new text end

new text begin Tuberculosis prevention and control. new text end

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

new text begin Subd. 8. new text end

new text begin Disaster planning and emergency preparedness plan. new text end

new text begin (a) Each facility must
meet the following requirements:
new text end

new text begin (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;
new text end

new text begin (2) post an emergency disaster plan prominently;
new text end

new text begin (3) provide building emergency exit diagrams to all residents;
new text end

new text begin (4) post emergency exit diagrams on each floor; and
new text end

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

new text begin (b) Each 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.
new text end

new text begin (c) Each facility must meet any additional requirements adopted in rule.
new text end

Sec. 16.

new text begin [144I.15] FACILITY RESPONSIBILITIES WITH RESPECT TO
RESIDENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Basic care and assisted living bill of rights; notification to resident. new text end

new text begin (a)
A facility shall provide the resident and the designated representative a written notice of
the rights under section 144J.06 before the initiation of services to that resident. The facility
shall make all reasonable efforts to provide notice of the rights to the resident and the
designated representative in a language the resident and designated representative can
understand.
new text end

new text begin (b) In addition to the text of the bill of rights in section 144J.06, the notice shall also
contain the following statement describing how to file a complaint.
new text end

new text begin "If you have a complaint about the facility or the person providing your services, you may
call the Minnesota Adult Abuse Reporting Center at 1-844-880-1574, or you may contact
the Office of Health Facility Complaints, Minnesota Department of Health. You may also
contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman for
Mental Health and Developmental Disabilities."
new text end

new text begin (c) The statement must include 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.
new text end

new text begin (d) A facility must obtain written acknowledgment of the resident's receipt of the bill of
rights or shall document why an acknowledgment cannot be obtained. The acknowledgment
may be obtained from the resident and the designated representative. Acknowledgment of
receipt shall be retained in the resident's record.
new text end

new text begin Subd. 2. new text end

new text begin Notices in plain language; language accommodations. new text end

new text begin A facility must provide
all notices in plain language that residents can understand and make reasonable
accommodations for residents who have communication disabilities and those whose primary
language is a language other than English.
new text end

new text begin Subd. 3. new text end

new text begin Notice of services for dementia, Alzheimer's disease, or related disorders. new text end

new text begin A
facility that provides services to residents with dementia shall provide in written or electronic
form, to residents and families or other persons who request it, a description of the training
program and related training it provides, including the categories of employees trained, the
frequency of training, and the basic topics covered.
new text end

new text begin Subd. 4. new text end

new text begin Services oversight and information. new text end

new text begin A facility shall provide each resident
with identifying and contact information about the persons who can assist with health care
or supportive services being provided. A facility shall keep each resident informed of changes
in the personnel referenced in this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Notice to residents; change in ownership or management. new text end

new text begin A facility must
provide prompt written notice to the resident or designated representative of any change of
legal name, telephone number, and physical mailing address, which may not be a public or
private post office box, of:
new text end

new text begin (1) the licensee of the facility;
new text end

new text begin (2) the manager of the facility, if applicable; and
new text end

new text begin (3) the agent authorized to accept legal process on behalf of the facility.
new text end

new text begin Subd. 6. new text end

new text begin Acceptance of residents. new text end

new text begin A facility may not accept a person as a resident unless
the facility has staff, sufficient in qualifications, competency, and numbers, to adequately
provide the services agreed to in the service agreement and that are within the facility's
scope of practice.
new text end

new text begin Subd. 7. new text end

new text begin Referrals. new text end

new text begin If a facility reasonably believes that a resident is in need of another
medical or health service, including a licensed health professional, or social service provider,
the facility shall:
new text end

new text begin (1) determine the resident's preferences with respect to obtaining the service; and
new text end

new text begin (2) inform the resident of the resources available, if known, to assist the resident in
obtaining services.
new text end

new text begin Subd. 8. new text end

new text begin Initiation of services. new text end

new text begin When a facility initiates services and the individualized
review or assessment required in subdivision 9 has not been completed, the facility must
complete a temporary plan and agreement with the resident for services.
new text end

new text begin Subd. 9. new text end

new text begin Initial reviews, assessments, and monitoring. new text end

new text begin (a) A basic care facility shall
complete an individualized initial review of the resident's needs and preferences. The initial
review must be completed within 30 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 days from the date of the last review.
new text end

new text begin (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 agreement 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. The nursing assessment must be
completed within five days of the start of services.
new text end

new text begin (c) Resident reassessment and monitoring must be conducted no more than 14 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 days from the
last date of the assessment.
new text end

new text begin (d) Residents who are not receiving any services shall not be required to undergo an
initial review or nursing assessment.
new text end

new text begin (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 end

new text begin Subd. 10. new text end

new text begin Service agreement, implementation, and revisions to service agreement. new text end

new text begin (a)
No later than 14 days after the date that services are first provided, a facility shall finalize
a current written service agreement.
new text end

new text begin (b) The service agreement and any revisions must include a signature or other
authentication by the facility and by the resident or the designated representative documenting
agreement on the services to be provided. The service agreement must be revised, if needed,
based on resident review or reassessment under subdivision 9. 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 Care.
new text end

new text begin (c) The facility must implement and provide all services required by the current service
agreement.
new text end

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

new text begin (e) Staff providing services must be informed of the current written service agreement.
new text end

new text begin (f) The service agreement must include:
new text end

new text begin (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 review or assessment and resident
preferences;
new text end

new text begin (2) the identification of staff or categories of staff who will provide the services;
new text end

new text begin (3) the schedule and methods of monitoring reviews or assessments of the resident;
new text end

new text begin (4) the schedule and methods of monitoring staff providing services; and
new text end

new text begin (5) a contingency plan that includes:
new text end

new text begin (i) the action to be taken by the facility and by the resident and the designated
representative if the scheduled service cannot be provided;
new text end

new text begin (ii) information and a method for a resident and the designated representative to contact
the facility;
new text end

new text begin (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
new text end

new text begin (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 end

new text begin Subd. 11. new text end

new text begin Use of restraints. new text end

new text begin Residents of assisted living facilities must be free from any
physical or chemical restraints. Restraints are only permissible if determined necessary for
health and safety reasons identified by the facility through an initial assessment or
reassessment, under subdivision 9, and documented in the written service agreement under
subdivision 10.
new text end

new text begin Subd. 12. new text end

new text begin Request for discontinuation of life-sustaining treatment. new text end

new text begin (a) If a resident,
family member, or other caregiver of the resident requests that an employee or other agent
of the facility discontinue a life-sustaining treatment, the employee or agent receiving the
request:
new text end

new text begin (1) shall take no action to discontinue the treatment; and
new text end

new text begin (2) shall promptly inform the supervisor or other agent of the facility of the resident's
request.
new text end

new text begin (b) Upon being informed of a request for discontinuance of treatment, the facility shall
promptly:
new text end

new text begin (1) inform the resident that the request will be made known to the physician or advanced
practice registered nurse who ordered the resident's treatment;
new text end

new text begin (2) inform the physician or advanced practice registered nurse of the resident's request;
and
new text end

new text begin (3) work with the resident and the resident's physician or advanced practice registered
nurse to comply with chapter 145C.
new text end

new text begin (c) This section does not require the facility to discontinue treatment, except as may be
required by law or court order.
new text end

new text begin (d) This section does not diminish the rights of residents to control their treatments,
refuse services, or terminate their relationships with the facility.
new text end

new text begin (e) This section shall be construed in a manner consistent with chapter 145B or 145C,
whichever applies, and declarations made by residents under those chapters.
new text end

new text begin Subd. 13. new text end

new text begin Medical cannabis. new text end

new text begin Facilities may exercise the authority and are subject to
the protections in section 152.34.
new text end

new text begin Subd. 14. new text end

new text begin Landlord and tenant. new text end

new text begin Facilities are subject to and must comply with chapter
504B.
new text end

Sec. 17.

new text begin [144I.16] PROVISION OF SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Availability of contact person to staff. new text end

new text begin (a) A basic care facility must
have a person available to staff for consultation relating to the provision of services or about
the resident.
new text end

new text begin (b) Assisted living facilities and assisted living facilities that provide dementia care must
have a registered nurse available for consultation to staff performing delegated nursing tasks
and must have an appropriate licensed health professional available if performing other
delegated services such as therapies.
new text end

new text begin (c) The appropriate contact person must be readily available either in person, by
telephone, or by other means to the staff at times when the staff is providing services.
new text end

new text begin Subd. 2. new text end

new text begin Supervision of staff; basic care services. new text end

new text begin (a) Staff who perform basic care
services must be supervised periodically where the services are being provided to verify
that the work is being performed competently and to identify problems and solutions to
address issues relating to the staff's ability to provide the services. The supervision of the
unlicensed personnel must be done by staff of the facility having the authority, skills, and
ability to provide the supervision of unlicensed personnel and who can implement changes
as needed, and train staff.
new text end

new text begin (b) Supervision includes direct observation of unlicensed personnel while the unlicensed
personnel are providing the services and may also include indirect methods of gaining input
such as gathering feedback from the resident. Supervisory review of staff must be provided
at a frequency based on the staff person's competency and performance.
new text end

new text begin Subd. 3. new text end

new text begin Supervision of staff providing delegated nursing or therapy tasks. new text end

new text begin (a) Staff
who perform delegated nursing or therapy tasks must be supervised by an appropriate
licensed health professional or a registered nurse per the assisted living facility's policy
where the services are being provided to verify that the work is being performed competently
and to identify problems and solutions related to the staff person's ability to perform the
tasks. Supervision of staff performing medication or treatment administration shall be
provided by a registered nurse or appropriate licensed health professional and must include
observation of the staff administering the medication or treatment and the interaction with
the resident.
new text end

new text begin (b) The direct supervision of staff performing delegated tasks must be provided within
30 days after the date on which the individual begins working for the facility and first
performs the delegated tasks for residents and thereafter as needed based on performance.
This requirement also applies to staff who have not performed delegated tasks for one year
or longer.
new text end

new text begin Subd. 4. new text end

new text begin Documentation. new text end

new text begin A facility must retain documentation of supervision activities
in the personnel records.
new text end

Sec. 18.

new text begin [144I.17] MEDICATION MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Medication management services. new text end

new text begin (a) This section applies only to
assisted living facilities that provide medication management services. Medication
management services shall not be provided by a basic care facility.
new text end

new text begin (b) An assisted living facility that provides medication management services must
develop, implement, and maintain current written medication management policies and
procedures. The policies and procedures must be developed under the supervision and
direction of a registered nurse, licensed health professional, or pharmacist consistent with
current practice standards and guidelines.
new text end

new text begin (c) The written policies and procedures must address requesting and receiving
prescriptions for medications; preparing and giving medications; verifying that prescription
drugs are administered as prescribed; documenting medication management activities;
controlling and storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and resident and
designated representative, if any; disposing of unused medications; and educating residents
and designated representatives about medications. When controlled substances are being
managed, the policies and procedures must also identify how the provider will ensure security
and accountability for the overall management, control, and disposition of those substances
in compliance with state and federal regulations and with subdivision 23.
new text end

new text begin Subd. 2. new text end

new text begin Provision of medication management services. new text end

new text begin (a) For each resident who
requests medication management services, the assisted living facility shall, prior to providing
medication management services, have a registered nurse, licensed health professional, or
authorized prescriber under section 151.37 conduct an assessment to determine what
medication management services will be provided and how the services will be provided.
This assessment must be conducted face-to-face with the resident. The assessment must
include an identification and review of all medications the resident is known to be taking.
The review and identification must include indications for medications, side effects,
contraindications, allergic or adverse reactions, and actions to address these issues.
new text end

new text begin (b) The assessment must identify interventions needed in management of medications
to prevent diversion of medication by the resident or others who may have access to the
medications and provide instructions to the resident and designated representative on
interventions to manage the resident's medications and prevent diversion of medications.
For purposes of this section, "diversion of medication" means misuse, theft, or illegal or
improper disposition of medications.
new text end

new text begin Subd. 3. new text end

new text begin Individualized medication monitoring and reassessment. new text end

new text begin The assisted living
facility must monitor and reassess the resident's medication management services as needed
under subdivision 2 when the resident presents with symptoms or other issues that may be
medication-related and, at a minimum, annually.
new text end

new text begin Subd. 4. new text end

new text begin Resident refusal. new text end

new text begin The assisted living facility must document in the resident's
record any refusal for an assessment for medication management by the resident. The assisted
living facility must discuss with the resident the possible consequences of the resident's
refusal and document the discussion in the resident's record.
new text end

new text begin Subd. 5. new text end

new text begin Individualized medication management plan. new text end

new text begin (a) For each resident receiving
medication management services, the assisted living facility must prepare and include in
the service agreement a written statement of the medication management services that will
be provided to the resident. The assisted living facility must develop and maintain a current
individualized medication management record for each resident based on the resident's
assessment that must contain the following:
new text end

new text begin (1) a statement describing the medication management services that will be provided;
new text end

new text begin (2) a description of storage of medications based on the resident's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;
new text end

new text begin (3) documentation of specific resident instructions relating to the administration of
medications;
new text end

new text begin (4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;
new text end

new text begin (5) identification of medication management tasks that may be delegated to unlicensed
personnel;
new text end

new text begin (6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and
new text end

new text begin (7) any resident-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.
new text end

new text begin (b) The medication management record must be current and updated when there are any
changes.
new text end

new text begin (c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.
new text end

new text begin Subd. 6. new text end

new text begin Administration of medication. new text end

new text begin Medications may be administered by a nurse,
physician, or other licensed health practitioner authorized to administer medications or by
unlicensed personnel who have been delegated medication administration tasks by a
registered nurse.
new text end

new text begin Subd. 7. new text end

new text begin Delegation of medication administration. new text end

new text begin When administration of medications
is delegated to unlicensed personnel, the assisted living facility must ensure that the registered
nurse has:
new text end

new text begin (1) instructed the unlicensed personnel in the proper methods to administer the
medications, and the unlicensed personnel has demonstrated the ability to competently
follow the procedures;
new text end

new text begin (2) specified, in writing, specific instructions for each resident and documented those
instructions in the resident's records; and
new text end

new text begin (3) communicated with the unlicensed personnel about the individual needs of the
resident.
new text end

new text begin Subd. 8. new text end

new text begin Documentation of administration of medications. new text end

new text begin Each medication
administered by the assisted living facility staff must be documented in the resident's record.
The documentation must include the signature and title of the person who administered the
medication. The documentation must include the medication name, dosage, date and time
administered, and method and route of administration. The staff must document the reason
why medication administration was not completed as prescribed and document any follow-up
procedures that were provided to meet the resident's needs when medication was not
administered as prescribed and in compliance with the resident's medication management
plan.
new text end

new text begin Subd. 9. new text end

new text begin Documentation of medication setup. new text end

new text begin Documentation of dates of medication
setup, name of medication, quantity of dose, times to be administered, route of administration,
and name of person completing medication setup must be done at the time of setup.
new text end

new text begin Subd. 10. new text end

new text begin Medication management for residents who will be away from home. new text end

new text begin (a)
An assisted living facility that is providing medication management services to the resident
must develop and implement policies and procedures for giving accurate and current
medications to residents for planned or unplanned times away from home according to the
resident's individualized medication management plan. The policies and procedures must
state that:
new text end

new text begin (1) for planned time away, the medications must be obtained from the pharmacy or set
up by the licensed nurse according to appropriate state and federal laws and nursing standards
of practice;
new text end

new text begin (2) for unplanned time away, when the pharmacy is not able to provide the medications,
a licensed nurse or unlicensed personnel shall give the resident and designated representative
medications in amounts and dosages needed for the length of the anticipated absence, not
to exceed seven calendar days;
new text end

new text begin (3) the resident or designated representative must be provided written information on
medications, including any special instructions for administering or handling the medications,
including controlled substances;
new text end

new text begin (4) the medications must be placed in a medication container or containers appropriate
to the provider's medication system and must be labeled with the resident's name and the
dates and times that the medications are scheduled; and
new text end

new text begin (5) the resident and designated representative must be provided in writing the facility's
name and information on how to contact the facility.
new text end

new text begin (b) For unplanned time away when the licensed nurse is not available, the registered
nurse may delegate this task to unlicensed personnel if:
new text end

new text begin (1) the registered nurse has trained the unlicensed staff and determined the unlicensed
staff is competent to follow the procedures for giving medications to residents; and
new text end

new text begin (2) the registered nurse has developed written procedures for the unlicensed personnel,
including any special instructions or procedures regarding controlled substances that are
prescribed for the resident. The procedures must address:
new text end

new text begin (i) the type of container or containers to be used for the medications appropriate to the
provider's medication system;
new text end

new text begin (ii) how the container or containers must be labeled;
new text end

new text begin (iii) written information about the medications to be given to the resident or designated
representative;
new text end

new text begin (iv) how the unlicensed staff must document in the resident's record that medications
have been given to the resident and the designated representative, including documenting
the date the medications were given to the resident or the designated representative and who
received the medications, the person who gave the medications to the resident, the number
of medications that were given to the resident, and other required information;
new text end

new text begin (v) how the registered nurse shall be notified that medications have been given to the
resident or designated representative and whether the registered nurse needs to be contacted
before the medications are given to the resident or the designated representative;
new text end

new text begin (vi) a review by the registered nurse of the completion of this task to verify that this task
was completed accurately by the unlicensed personnel; and
new text end

new text begin (vii) how the unlicensed personnel must document in the resident's record any unused
medications that are returned to the facility, including the name of each medication and the
doses of each returned medication.
new text end

new text begin Subd. 11. new text end

new text begin Prescribed and nonprescribed medication. new text end

new text begin The assisted living facility must
determine whether the facility shall require a prescription for all medications the provider
manages. The assisted living facility must inform the resident or the designated representative
whether the facility requires a prescription for all over-the-counter and dietary supplements
before the facility agrees to manage those medications.
new text end

new text begin Subd. 12. new text end

new text begin Medications; over-the-counter drugs; dietary supplements not
prescribed.
new text end

new text begin An assisted living facility providing medication management services for
over-the-counter drugs or dietary supplements must retain those items in the original labeled
container with directions for use prior to setting up for immediate or later administration.
The facility must verify that the medications are up to date and stored as appropriate.
new text end

new text begin Subd. 13. new text end

new text begin Prescriptions. new text end

new text begin There must be a current written or electronically recorded
prescription as defined in section 151.01, subdivision 16a, for all prescribed medications
that the assisted living facility is managing for the resident.
new text end

new text begin Subd. 14. new text end

new text begin Renewal of prescriptions. new text end

new text begin Prescriptions must be renewed at least every 12
months or more frequently as indicated by the assessment in subdivision 2. Prescriptions
for controlled substances must comply with chapter 152.
new text end

new text begin Subd. 15. new text end

new text begin Verbal prescription orders. new text end

new text begin Verbal prescription orders from an authorized
prescriber must be received by a nurse or pharmacist. The order must be handled according
to Minnesota Rules, part 6800.6200.
new text end

new text begin Subd. 16. new text end

new text begin Written or electronic prescription. new text end

new text begin When a written or electronic prescription
is received, it must be communicated to the registered nurse in charge and recorded or placed
in the resident's record.
new text end

new text begin Subd. 17. new text end

new text begin Records confidential. new text end

new text begin A prescription or order received verbally, in writing,
or electronically must be kept confidential according to sections 144.291 to 144.298 and
144A.44.
new text end

new text begin Subd. 18. new text end

new text begin Medications provided by resident or family members. new text end

new text begin When the assisted
living facility is aware of any medications or dietary supplements that are being used by
the resident and are not included in the assessment for medication management services,
the staff must advise the registered nurse and document that in the resident's record.
new text end

new text begin Subd. 19. new text end

new text begin Storage of medications. new text end

new text begin An assisted living facility must store all prescription
medications in securely locked and substantially constructed compartments according to
the manufacturer's directions and permit only authorized personnel to have access.
new text end

new text begin Subd. 20. new text end

new text begin Prescription drugs. new text end

new text begin A prescription drug, prior to being set up for immediate
or later administration, must be kept in the original container in which it was dispensed by
the pharmacy bearing the original prescription label with legible information including the
expiration or beyond-use date of a time-dated drug.
new text end

new text begin Subd. 21. new text end

new text begin Prohibitions. new text end

new text begin No prescription drug supply for one resident may be used or
saved for use by anyone other than the resident.
new text end

new text begin Subd. 22. new text end

new text begin Disposition of medications. new text end

new text begin (a) Any current medications being managed by
the assisted living facility must be given to the resident or the designated representative
when the resident's service agreement ends or medication management services are no
longer part of the service agreement. Medications for a resident who is deceased or that
have been discontinued or have expired may be given to the resident or the designated
representative for disposal.
new text end

new text begin (b) The assisted living facility shall dispose of any medications remaining with the
facility that are discontinued or expired or upon the termination of the service contract or
the resident's death according to state and federal regulations for disposition of medications
and controlled substances.
new text end

new text begin (c) Upon disposition, the facility must document in the resident's record the disposition
of the medication including the medication's name, strength, prescription number as
applicable, quantity, to whom the medications were given, date of disposition, and names
of staff and other individuals involved in the disposition.
new text end

new text begin Subd. 23. new text end

new text begin Loss or spillage. new text end

new text begin (a) Assisted living facilities providing medication
management must develop and implement procedures for loss or spillage of all controlled
substances defined in Minnesota Rules, part 6800.4220. These procedures must require that
when a spillage of a controlled substance occurs, a notation must be made in the resident's
record explaining the spillage and the actions taken. The notation must be signed by the
person responsible for the spillage and include verification that any contaminated substance
was disposed of according to state or federal regulations.
new text end

new text begin (b) The procedures must require that the facility providing medication management
investigate any known loss or unaccounted for prescription drugs and take appropriate action
required under state or federal regulations and document the investigation in required records.
new text end

Sec. 19.

new text begin [144I.18] TREATMENT AND THERAPY MANAGEMENT SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Treatment and therapy management services. new text end

new text begin This section applies
only to assisted living facilities that provide comprehensive assisted living services. Treatment
and therapy management services shall not be provided by a basic care facility.
new text end

new text begin Subd. 2. new text end

new text begin Policies and procedures. new text end

new text begin (a) An assisted living facility that provides treatment
and therapy management services must develop, implement, and maintain up-to-date written
treatment or therapy management policies and procedures. The policies and procedures
must be developed under the supervision and direction of a registered nurse or appropriate
licensed health professional consistent with current practice standards and guidelines.
new text end

new text begin (b) The written policies and procedures must address requesting and receiving orders
or prescriptions for treatments or therapies, providing the treatment or therapy, documenting
treatment or therapy activities, educating and communicating with residents about treatments
or therapies they are receiving, monitoring and evaluating the treatment or therapy, and
communicating with the prescriber.
new text end

new text begin Subd. 3. new text end

new text begin Individualized treatment or therapy management plan. new text end

new text begin For each resident
receiving management of ordered or prescribed treatments or therapy services, the assisted
living facility must prepare and include in the service agreement a written statement of the
treatment or therapy services that will be provided to the resident. The facility must also
develop and maintain a current individualized treatment and therapy management record
for each resident which must contain at least the following:
new text end

new text begin (1) a statement of the type of services that will be provided;
new text end

new text begin (2) documentation of specific resident instructions relating to the treatments or therapy
administration;
new text end

new text begin (3) identification of treatment or therapy tasks that will be delegated to unlicensed
personnel;
new text end

new text begin (4) procedures for notifying a registered nurse or appropriate licensed health professional
when a problem arises with treatments or therapy services; and
new text end

new text begin (5) any resident-specific requirements relating to documentation of treatment and therapy
received, verification that all treatment and therapy was administered as prescribed, and
monitoring of treatment or therapy to prevent possible complications or adverse reactions.
The treatment or therapy management record must be current and updated when there are
any changes.
new text end

new text begin Subd. 4. new text end

new text begin Administration of treatments and therapy. new text end

new text begin Ordered or prescribed treatments
or therapies must be administered by a nurse, physician, or other licensed health professional
authorized to perform the treatment or therapy, or may be delegated or assigned to unlicensed
personnel by the licensed health professional according to the appropriate practice standards
for delegation or assignment. When administration of a treatment or therapy is delegated
or assigned to unlicensed personnel, the facility must ensure that the registered nurse or
authorized licensed health professional has:
new text end

new text begin (1) instructed the unlicensed personnel in the proper methods with respect to each resident
and the unlicensed personnel has demonstrated the ability to competently follow the
procedures;
new text end

new text begin (2) specified, in writing, specific instructions for each resident and documented those
instructions in the resident's record; and
new text end

new text begin (3) communicated with the unlicensed personnel about the individual needs of the
resident.
new text end

new text begin Subd. 5. new text end

new text begin Documentation of administration of treatments and therapies. new text end

new text begin Each treatment
or therapy administered by an assisted living facility must be in the resident's record. The
documentation must include the signature and title of the person who administered the
treatment or therapy and must include the date and time of administration. When treatment
or therapies are not administered as ordered or prescribed, the provider must document the
reason why it was not administered and any follow-up procedures that were provided to
meet the resident's needs.
new text end

new text begin Subd. 6. new text end

new text begin Treatment and therapy orders. new text end

new text begin There must be an up-to-date written or
electronically recorded order from an authorized prescriber for all treatments and therapies.
The order must contain the name of the resident, a description of the treatment or therapy
to be provided, and the frequency, duration, and other information needed to administer the
treatment or therapy. Treatment and therapy orders must be renewed at least every 12
months.
new text end

new text begin Subd. 7. new text end

new text begin Right to outside service provider; other payors. new text end

new text begin Under section 144J.06, a
resident is free to retain therapy and treatment services from an off-site service provider.
Assisted living facilities must make every effort to assist residents in obtaining information
regarding whether the Medicare program, the medical assistance program under chapter
256B, or another public program will pay for any or all of the services.
new text end

Sec. 20.

new text begin [144I.19] RESIDENT RECORD REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Resident record. new text end

new text begin (a) The facility must maintain records for each resident
for whom it is providing services. Entries in the resident records must be current, legible,
permanently recorded, dated, and authenticated with the name and title of the person making
the entry.
new text end

new text begin (b) Resident records, whether written or electronic, must be protected against loss,
tampering, or unauthorized disclosure in compliance with chapter 13 and other applicable
relevant federal and state laws. The facility shall establish and implement written procedures
to control use, storage, and security of resident's records and establish criteria for release
of resident information.
new text end

new text begin (c) The facility may not disclose to any other person any personal, financial, or medical
information about the resident, except:
new text end

new text begin (1) as may be required by law;
new text end

new text begin (2) to employees or contractors of the facility, another facility, other health care
practitioner or provider, or inpatient facility needing information in order to provide services
to the resident, but only the information that is necessary for the provision of services;
new text end

new text begin (3) to persons authorized in writing by the resident or the resident's representative to
receive the information, including third-party payers; and
new text end

new text begin (4) to representatives of the commissioner authorized to survey or investigate facilities
under this chapter or federal laws.
new text end

new text begin Subd. 2. new text end

new text begin Access to records. new text end

new text begin The facility must ensure that the appropriate records are
readily available to employees and contractors authorized to access the records. Resident
records must be maintained in a manner that allows for timely access, printing, or
transmission of the records. The records must be made readily available to the commissioner
upon request.
new text end

new text begin Subd. 3. new text end

new text begin Contents of resident record. new text end

new text begin Contents of a resident record include the following
for each resident:
new text end

new text begin (1) identifying information, including the resident's name, date of birth, address, and
telephone number;
new text end

new text begin (2) the name, address, and telephone number of an emergency contact, family members,
designated representative, if any, or others as identified;
new text end

new text begin (3) names, addresses, and telephone numbers of the resident's health and medical service
providers, if known;
new text end

new text begin (4) health information, including medical history, allergies, and when the provider is
managing medications, treatments or therapies that require documentation, and other relevant
health records;
new text end

new text begin (5) the resident's advance directives, if any;
new text end

new text begin (6) copies of any health care directives, guardianships, powers of attorney, or
conservatorships;
new text end

new text begin (7) the facility's current and previous assessments and service agreements;
new text end

new text begin (8) all records of communications pertinent to the resident's services;
new text end

new text begin (9) documentation of significant changes in the resident's status and actions taken in
response to the needs of the resident, including reporting to the appropriate supervisor or
health care professional;
new text end

new text begin (10) documentation of incidents involving the resident and actions taken in response to
the needs of the resident, including reporting to the appropriate supervisor or health care
professional;
new text end

new text begin (11) documentation that services have been provided as identified in the service
agreement;
new text end

new text begin (12) documentation that the resident has received and reviewed the basic care and assisted
living bill of rights;
new text end

new text begin (13) documentation of complaints received and any resolution;
new text end

new text begin (14) a discharge summary, including service termination notice and related
documentation, when applicable; and
new text end

new text begin (15) other documentation required under this chapter and relevant to the resident's
services or status.
new text end

new text begin Subd. 4. new text end

new text begin Transfer of resident records. new text end

new text begin If a resident transfers to another facility or
another health care practitioner or provider, or is admitted to an inpatient facility, the facility,
upon request of the resident or the resident's representative, shall take steps to ensure a
coordinated transfer including sending a copy or summary of the resident's record to the
new facility or the resident, as appropriate.
new text end

new text begin Subd. 5. new text end

new text begin Record retention. new text end

new text begin Following the resident's discharge or termination of services,
a facility must retain a resident's record for at least five years or as otherwise required by
state or federal regulations. Arrangements must be made for secure storage and retrieval of
resident records if the facility ceases to operate.
new text end

Sec. 21.

new text begin [144I.20] ORIENTATION AND ANNUAL TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Orientation of staff and supervisors. new text end

new text begin All staff providing and supervising
direct services must complete an orientation to facility licensing requirements and regulations
before providing services to residents. The orientation may be incorporated into the training
required under subdivision 6. The orientation need only be completed once for each staff
person and is not transferable to another facility.
new text end

new text begin Subd. 2. new text end

new text begin Content. new text end

new text begin (a) The orientation must contain the following topics:
new text end

new text begin (1) an overview of this chapter;
new text end

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

new text begin (3) handling of emergencies and use of emergency services;
new text end

new text begin (4) compliance with and reporting of the maltreatment of vulnerable adults under section
626.557;
new text end

new text begin (5) basic care and assisted living bill of rights under section 144J.06;
new text end

new text begin (6) protection-related rights under section 144I.10, subdivision 8, and staff responsibilities
related to ensuring the exercise and protection of those rights;
new text end

new text begin (7) the principles of person-centered service planning and delivery and how they apply
to direct support services provided by the staff person;
new text end

new text begin (8) handling of residents' complaints, reporting of complaints, and where to report
complaints, including information on the Minnesota Adult Abuse Reporting Center and the
Office of Health Facility Complaints;
new text end

new text begin (9) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Minnesota Adult
Abuse Reporting Center (MAARC), Managed Care Ombudsman at the Department of
Human Services, county-managed care advocates, or other relevant advocacy services; and
new text end

new text begin (10) a review of the types of assisted living services the employee will be providing and
the facility's category of licensure.
new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Verification and documentation of orientation. new text end

new text begin Each facility shall retain
evidence in the employee record of each staff person having completed the orientation
required by this section.
new text end

new text begin Subd. 4. new text end

new text begin Orientation to resident. new text end

new text begin Staff providing services must be oriented specifically
to each individual resident and the services to be provided. This orientation may be provided
in person, orally, in writing, or electronically.
new text end

new text begin Subd. 5. new text end

new text begin Training required relating to dementia. new text end

new text begin All direct care staff and supervisors
providing direct services must receive training that includes a current explanation of
Alzheimer's disease and related disorders, effective approaches to use to problem solve
when working with a resident's challenging behaviors, and how to communicate with
residents who have dementia or related memory disorders.
new text end

new text begin Subd. 6. new text end

new text begin Required annual training. new text end

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

new text begin (1) training on reporting of maltreatment of vulnerable adults under section 626.557;
new text end

new text begin (2) review of the basic care and assisted living bill of rights in section 144J.06;
new text end

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

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

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

new text begin (6) review of protection-related rights as stated in section 144I.10, subdivision 8, and
staff responsibilities related to ensuring the exercise and protection of those rights; and
new text end

new text begin (7) the principles of person-centered service planning and delivery and how they apply
to direct support services provided by the staff person.
new text end

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

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

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

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

new text begin Subd. 7. new text end

new text begin Documentation. new text end

new text begin A facility must retain documentation in the employee records
of staff who have satisfied the orientation and training requirements of this section.
new text end

new text begin Subd. 8. new text end

new text begin Implementation. new text end

new text begin A facility must implement all orientation and training topics
covered in this section.
new text end

Sec. 22.

new text begin [144I.21] TRAINING IN DEMENTIA CARE REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Assisted living facility dementia training requirements. new text end

new text begin (a) Assisted
living facilities and assisted living facilities with dementia care must meet the following
training requirements:
new text end

new text begin (1) supervisors of direct-care staff must have at least eight hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
new text end

new text begin (2) direct-care employees must have completed at least eight hours of initial training on
topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial eight hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or a supervisor meeting the requirements
in clause (1) must be available for consultation with the new employee until the training
requirement is complete. Direct-care employees must have at least two hours of training on
topics related to dementia for each 12 months of employment thereafter;
new text end

new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and food
service staff, must have at least four hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date, and must have at
least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
new text end

new text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
new text end

new text begin (b) Areas of required training include:
new text end

new text begin (1) an explanation of Alzheimer's disease and related disorders;
new text end

new text begin (2) assistance with activities of daily living;
new text end

new text begin (3) problem solving with challenging behaviors; and
new text end

new text begin (4) communication skills.
new text end

new text begin (c) The facility shall provide to consumers in written or electronic form a description of
the training program, the categories of employees trained, the frequency of training, and
the basic topics covered.
new text end

new text begin Subd. 2. new text end

new text begin Basic care facility dementia training requirements. new text end

new text begin (a) Basic care facilities
must meet the following training requirements:
new text end

new text begin (1) supervisors of direct-care staff must have at least four hours of initial training on
topics specified under paragraph (b) within 120 working hours of the employment start
date, and must have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
new text end

new text begin (2) direct-care employees must have completed at least four hours of initial training on
topics specified under paragraph (b) within 160 working hours of the employment start
date. Until this initial training is complete, an employee must not provide direct care unless
there is another employee on site who has completed the initial four hours of training on
topics related to dementia care and who can act as a resource and assist if issues arise. A
trainer of the requirements under paragraph (b) or a supervisor meeting the requirements
under clause (1) must be available for consultation with the new employee until the training
requirement is complete. Direct-care employees must have at least two hours of training on
topics related to dementia for each 12 months of employment thereafter;
new text end

new text begin (3) staff who do not provide direct care, including maintenance, housekeeping, and food
service staff, must have at least four hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date, and must have at
least two hours of training on topics related to dementia care for each 12 months of
employment thereafter; and
new text end

new text begin (4) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.
new text end

new text begin (b) Areas of required training include:
new text end

new text begin (1) an explanation of Alzheimer's disease and related disorders;
new text end

new text begin (2) assistance with activities of daily living;
new text end

new text begin (3) problem solving with challenging behaviors; and
new text end

new text begin (4) communication skills.
new text end

new text begin (c) The facility shall provide to consumers in written or electronic form a description of
the training program, the categories of employees trained, the frequency of training, and
the basic topics covered.
new text end

Sec. 23.

new text begin [144I.22] CONTROLLING INDIVIDUAL RESTRICTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Restrictions. new text end

new text begin The controlling individual of a facility may not include
any person who was a controlling individual of any other nursing home, basic care facility,
assisted living facility, or assisted living facility with dementia care during any period of
time in the previous two-year period:
new text end

new text begin (1) during which time of control the nursing home, basic care facility, assisted living
facility, or assisted living facility with dementia care incurred the following number of
uncorrected or repeated violations:
new text end

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

new text begin (ii) four or more uncorrected violations or two or more repeated violations of any nature,
including Level 2, Level 3, and Level 4 violations as defined in section 144I.31; or
new text end

new text begin (2) who, during that period, was convicted of a felony or gross misdemeanor that relates
to the operation of the nursing home, basic care facility, assisted living facility, or assisted
living facility with dementia care, or directly affects resident safety or care.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin Subdivision 1 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, basic care facility, assisted living facility, or assisted living facility with
dementia care that incurred the uncorrected violations.
new text end

new text begin Subd. 3. new text end

new text begin Stay of adverse action required by controlling individual restrictions. new text end

new text begin (a)
In lieu of revoking, suspending, or refusing to renew the license of a facility where a
controlling individual was disqualified by subdivision 1, clause (1), the commissioner may
issue an order staying the revocation, suspension, or nonrenewal of the facility's license.
The order may but need not be contingent upon the facility's compliance with restrictions
and conditions imposed on the license to ensure the proper operation of the facility and to
protect the health, safety, comfort, treatment, and well-being of the residents in the facility.
The decision to issue an order for a stay must be made within 90 days of the commissioner's
determination that a controlling individual of the facility is disqualified by subdivision 1,
clause (1), from operating a facility.
new text end

new text begin (b) In determining whether to issue a stay and to impose conditions and restrictions, the
commissioner must consider the following factors:
new text end

new text begin (1) the ability of the controlling individual to operate other facilities in accordance with
the licensure rules and laws;
new text end

new text begin (2) the conditions in the nursing home, basic care facility, assisted living facility, or
assisted living facility with dementia care that received the number and type of uncorrected
or repeated violations described in subdivision 1, clause (1); and
new text end

new text begin (3) the conditions and compliance history of each of the nursing homes, basic care
facilities, assisted living facilities, and assisted living facilities with dementia care owned
or operated by the controlling individuals.
new text end

new text begin (c) The commissioner's decision to exercise the authority under this subdivision in lieu
of revoking, suspending, or refusing to renew the license of the facility is not subject to
administrative or judicial review.
new text end

new text begin (d) The order for the stay of revocation, suspension, or nonrenewal of the facility license
must include any conditions and restrictions on the license that the commissioner deems
necessary based on the factors listed in paragraph (b).
new text end

new text begin (e) Prior to issuing an order for stay of revocation, suspension, or nonrenewal, the
commissioner shall inform the controlling individual in writing of any conditions and
restrictions that will be imposed. The controlling individual shall, within ten working days,
notify the commissioner in writing of a decision to accept or reject the conditions and
restrictions. If the facility rejects any of the conditions and restrictions, the commissioner
must either modify the conditions and restrictions or take action to suspend, revoke, or not
renew the facility's license.
new text end

new text begin (f) Upon issuance of the order for a stay of revocation, suspension, or nonrenewal, the
controlling individual shall be responsible for compliance with the conditions and restrictions.
Any time after the conditions and restrictions have been in place for 180 days, the controlling
individual may petition the commissioner for removal or modification of the conditions and
restrictions. The commissioner must respond to the petition within 30 days of receipt of the
written petition. If the commissioner denies the petition, the controlling individual may
request a hearing under the provisions of chapter 14. Any hearing shall be limited to a
determination of whether the conditions and restrictions shall be modified or removed. At
the hearing, the controlling individual bears the burden of proof.
new text end

new text begin (g) The failure of the controlling individual to comply with the conditions and restrictions
contained in the order for stay shall result in the immediate removal of the stay and the
commissioner shall take action to suspend, revoke, or not renew the license.
new text end

new text begin (h) The conditions and restrictions are effective for two years after the date they are
imposed.
new text end

new text begin (i) Nothing in this subdivision shall be construed to limit in any way the commissioner's
ability to impose other sanctions against a facility licensee under the standards in state or
federal law whether or not a stay of revocation, suspension, or nonrenewal is issued.
new text end

Sec. 24.

new text begin [144I.23] MANAGEMENT AGREEMENTS; GENERAL REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Notification. new text end

new text begin (a) If the proposed or current licensee uses a manager, the
licensee must have a written management agreement that is consistent with this chapter.
new text end

new text begin (b) The proposed or current licensee must notify the commissioner of its use of a manager
upon:
new text end

new text begin (1) initial application for a license;
new text end

new text begin (2) retention of a manager following initial application;
new text end

new text begin (3) change of managers; and
new text end

new text begin (4) modification of an existing management agreement.
new text end

new text begin (c) The proposed or current licensee must provide to the commissioner a written
management agreement, including an organizational chart showing the relationship between
the proposed or current licensee, management company, and all related organizations.
new text end

new text begin (d) The written management agreement must be submitted:
new text end

new text begin (1) 60 days before:
new text end

new text begin (i) the initial licensure date;
new text end

new text begin (ii) the proposed change of ownership date; or
new text end

new text begin (iii) the effective date of the management agreement; or
new text end

new text begin (2) 30 days before the effective date of any amendment to an existing management
agreement.
new text end

new text begin (e) The proposed licensee or the current licensee must notify the residents and their
representatives 60 days before entering into a new management agreement.
new text end

new text begin (f) A proposed licensee must submit a management agreement.
new text end

new text begin Subd. 2. new text end

new text begin Management agreement; licensee. new text end

new text begin (a) The licensee is legally responsible for:
new text end

new text begin (1) the daily operations and provisions of services in the facility;
new text end

new text begin (2) ensuring the facility is operated in a manner consistent with all applicable laws and
rules;
new text end

new text begin (3) ensuring the manager acts in conformance with the management agreement; and
new text end

new text begin (4) ensuring the manager does not present as, or give the appearance that the manager
is the licensee.
new text end

new text begin (b) The licensee must not give the manager responsibilities that are so extensive that the
licensee is relieved of daily responsibility for the daily operations and provision of services
in the assisted living facility. If the licensee does so, the commissioner must determine that
a change of ownership has occurred.
new text end

new text begin (c) The licensee and manager must act in accordance with the terms of the management
agreement. If the commissioner determines they are not, then the department may impose
enforcement remedies.
new text end

new text begin (d) The licensee may enter into a management agreement only if the management
agreement creates a principal/agent relationship between the licensee and manager.
new text end

new text begin (e) The manager shall not subcontract the manager's responsibilities to a third party.
new text end

new text begin Subd. 3. new text end

new text begin Terms of agreement. new text end

new text begin A management agreement at a minimum must:
new text end

new text begin (1) describe the responsibilities of the licensee and manager, including items, services,
and activities to be provided;
new text end

new text begin (2) require the licensee's governing body, board of directors, or similar authority to
appoint the administrator;
new text end

new text begin (3) provide for the maintenance and retention of all records in accordance with this
chapter and other applicable laws;
new text end

new text begin (4) allow unlimited access by the commissioner to documentation and records according
to applicable laws or regulations;
new text end

new text begin (5) require the manager to immediately send copies of inspections and notices of
noncompliance to the licensee;
new text end

new text begin (6) state that the licensee is responsible for reviewing, acknowledging, and signing all
facility initial and renewal license applications;
new text end

new text begin (7) state that the manager and licensee shall review the management agreement annually
and notify the commissioner of any change according to applicable regulations;
new text end

new text begin (8) acknowledge that the licensee is the party responsible for complying with all laws
and rules applicable to the facility;
new text end

new text begin (9) require the licensee to maintain ultimate responsibility over personnel issues relating
to the operation of the facility and care of the residents including but not limited to staffing
plans, hiring, and performance management of employees, orientation, and training;
new text end

new text begin (10) state the manager will not present as, or give the appearance that the manager is
the licensee; and
new text end

new text begin (11) state that a duly authorized manager may execute resident leases or agreements on
behalf of the licensee, but all such resident leases or agreements must be between the licensee
and the resident.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner review. new text end

new text begin The commissioner may review a management agreement
at any time. Following the review, the department may require:
new text end

new text begin (1) the proposed or current licensee or manager to provide additional information or
clarification;
new text end

new text begin (2) any changes necessary to:
new text end

new text begin (i) bring the management agreement into compliance with this chapter; and
new text end

new text begin (ii) ensure that the licensee has not been relieved of the legal responsibility for the daily
operations of the facility; and
new text end

new text begin (3) the licensee to participate in monthly meetings and quarterly on-site visits to the
facility.
new text end

new text begin Subd. 5. new text end

new text begin Resident funds. new text end

new text begin (a) If the management agreement delegates day-to-day
management of resident funds to the manager, the licensee:
new text end

new text begin (1) retains all fiduciary and custodial responsibility for funds that have been deposited
with the facility by the resident;
new text end

new text begin (2) is directly accountable to the resident for such funds; and
new text end

new text begin (3) must ensure any party responsible for holding or managing residents' personal funds
is bonded or obtains insurance in sufficient amounts to specifically cover losses of resident
funds and provides proof of bond or insurance.
new text end

new text begin (b) If responsibilities for the day-to-day management of the resident funds are delegated
to the manager, the manager must:
new text end

new text begin (1) provide the licensee with a monthly accounting of the resident funds; and
new text end

new text begin (2) meet all legal requirements related to holding and accounting for resident funds.
new text end

Sec. 25.

new text begin [144I.24] MINIMUM SITE, PHYSICAL ENVIRONMENT AND FIRE
SAFETY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) Effective August 1, 2021, the following are required
for all basic care facilities, assisted living facilities, and assisted living facilities with dementia
care:
new text end

new text begin (1) public utilities must be available, and working or inspected and approved water and
septic systems are in place;
new text end

new text begin (2) the location is publicly accessible to fire department services and emergency medical
services;
new text end

new text begin (3) the location's topography provides sufficient natural drainage and is not subject to
flooding;
new text end

new text begin (4) all-weather roads and walks must be provided within the lot lines to the primary
entrance and the service entrance, including employees' and visitors' parking at the site; and
new text end

new text begin (5) the location must include space for outdoor activities for residents.
new text end

new text begin (b) An assisted living facility with a dementia care unit must also meet the following
requirements:
new text end

new text begin (1) a hazard vulnerability assessment or safety risk must be performed on and around
the property. The hazards indicated on the assessment must be assessed and mitigated to
protect the residents from harm; and
new text end

new text begin (2) the facility shall be protected throughout by an approved supervised automatic
sprinkler system by August 1, 2029.
new text end

new text begin Subd. 2. new text end

new text begin Fire protection and physical environment. new text end

new text begin (a) Effective December 31, 2019,
each basic care facility, assisted living facility, and assisted living facility with dementia
care must have a comprehensive fire protection system that includes:
new text end

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

new text begin (2) portable fire extinguishers installed and tested in accordance with the NFPA Standard
10; and
new text end

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

new text begin (b) Beginning August 1, 2021, fire drills shall be conducted in accordance with the
residential board and care requirements in the Life Safety Code.
new text end

new text begin Subd. 3. new text end

new text begin Local laws apply. new text end

new text begin Basic care facilities and assisted living facilities shall be in
compliance with all applicable state and local governing laws, regulations, standards,
ordinances, and codes for fire safety, building, and zoning requirements.
new text end

new text begin Subd. 4. new text end

new text begin Basic care facilities and assisted living facilities; design. new text end

new text begin (a) After July 31,
2021, all basic care facilities and assisted living facilities with six or more residents must
meet the provisions relevant to assisted living facilities of the most current edition of the
Facility Guidelines Institute "Guidelines for Design and Construction of Residential Health,
Care and Support Facilities" and of adopted rules. This minimum design standard shall be
met for all new licenses, new construction, modifications, renovations, alterations, change
of use, or additions. In addition to the guidelines, assisted living facilities, and assisted living
facilities with dementia care shall provide the option of a bath in addition to a shower for
all residents.
new text end

new text begin (b) The commissioner shall establish an implementation timeline for mandatory usage
of the latest published guidelines. However, the commissioner shall not enforce the latest
published guidelines before six months after the date of publication.
new text end

new text begin Subd. 5. new text end

new text begin Basic care facilities and assisted living facilities; life safety code. new text end

new text begin (a) After
August 1, 2021, all basic care facilities and assisted living facilities with six or more residents
shall meet the applicable provisions of the most current edition of the NFPA Standard 101,
Life Safety Code, Residential Board and Care Occupancies chapter. This minimum design
standard shall be met for all new licenses, new construction, modifications, renovations,
alterations, change of use, or additions.
new text end

new text begin (b) The commissioner shall establish an implementation timeline for mandatory usage
of the latest published Life Safety Code. However, the commissioner shall not enforce the
latest published guidelines before six months after the date of publication.
new text end

new text begin Subd. 6. new text end

new text begin Assisted living facilities with dementia care units; life safety code. new text end

new text begin (a)
Beginning August 1, 2021, all assisted living facilities with dementia care units shall meet
the applicable provisions of the most current edition of the NFPA Standard 101, Life Safety
Code, Healthcare (limited care) chapter. This minimum design standard shall be met for all
new licenses, new construction, modifications, renovations, alterations, change of use or
additions.
new text end

new text begin (b) The commissioner shall establish an implementation timeline for mandatory usage
of the newest-published Life Safety Code. However, the commissioner shall not enforce
the newly-published guidelines before 6 months after the date of publication.
new text end

new text begin Subd. 7. new text end

new text begin New construction; plans. new text end

new text begin (a) For all new licensure and construction beginning
on or after August 1, 2021, the following must be provided to the commissioner:
new text end

new text begin (1) architectural and engineering plans and specifications for new construction must be
prepared and signed by architects and engineers who are registered in Minnesota. Final
working drawings and specifications for proposed construction must be submitted to the
commissioner for review and approval;
new text end

new text begin (2) final architectural plans and specifications must include elevations and sections
through the building showing types of construction, and must indicate dimensions and
assignments of rooms and areas, room finishes, door types and hardware, elevations and
details of nurses' work areas, utility rooms, toilet and bathing areas, and large-scale layouts
of dietary and laundry areas. Plans must show the location of fixed equipment and sections
and details of elevators, chutes, and other conveying systems. Fire walls and smoke partitions
must be indicated. The roof plan must show all mechanical installations. The site plan must
indicate the proposed and existing buildings, topography, roadways, walks and utility service
lines; and
new text end

new text begin (3) final mechanical and electrical plans and specifications must address the complete
layout and type of all installations, systems, and equipment to be provided. Heating plans
must include heating elements, piping, thermostatic controls, pumps, tanks, heat exchangers,
boilers, breeching and accessories. Ventilation plans must include room air quantities, ducts,
fire and smoke dampers, exhaust fans, humidifiers, and air handling units. Plumbing plans
must include the fixtures and equipment fixture schedule; water supply and circulating
piping, pumps, tanks, riser diagrams, and building drains; the size, location, and elevation
of water and sewer services; and the building fire protection systems. Electrical plans must
include fixtures and equipment, receptacles, switches, power outlets, circuits, power and
light panels, transformers, and service feeders. Plans must show location of nurse call signals,
cable lines, fire alarm stations, and fire detectors and emergency lighting.
new text end

new text begin (b) Unless construction is begun within one year after approval of the final working
drawing and specifications, the drawings must be resubmitted for review and approval.
new text end

new text begin (c) The commissioner must be notified within 30 days before completion of construction
so that the commissioner can make arrangements for a final inspection by the commissioner.
new text end

new text begin (d) At least one set of complete life safety plans, including changes resulting from
remodeling or alterations, must be kept on file in the facility.
new text end

new text begin Subd. 8. new text end

new text begin Variances or waivers. new text end

new text begin (a) A facility may request that the commissioner grant
a variance or waiver from the provisions of this section. A request for a waiver must be
submitted to the commissioner in writing. Each request must contain:
new text end

new text begin (1) the specific requirement for which the variance or waiver is requested;
new text end

new text begin (2) the reasons for the request;
new text end

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

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

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

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

new text begin (1) whether the waiver will adversely affect the health, treatment, comfort, safety, or
well-being of a patient;
new text end

new text begin (2) whether the alternative measures to be taken, if any, are equivalent to or superior to
those prescribed in this section; and
new text end

new text begin (3) whether compliance with the requirements would impose an undue burden on the
applicant.
new text end

new text begin (c) The commissioner must notify the applicant 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
applicant.
new text end

new text begin (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 144I.30, subdivision 7, and 144I.31. The amount of fines for a
violation of this section is that specified for the specific requirement for which the variance
or waiver was requested.
new text end

new text begin (e) A request for the 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 department if the
applicant 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.
new text end

new text begin (f) The department 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 applicant must be notified in
writing of the reasons for the decision and informed of the right to appeal the decision.
new text end

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

Sec. 26.

new text begin [144I.25] RESIDENCY AND SERVICES CONTRACT REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Contract required. new text end

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

new text begin (b) The contract must:
new text end

new text begin (1) be signed by both:
new text end

new text begin (i) the resident or the designated representative; and
new text end

new text begin (ii) the licensee or an agent of the facility; and
new text end

new text begin (2) contain all the terms concerning the provision of:
new text end

new text begin (i) housing; and
new text end

new text begin (ii) services, whether provided directly by the facility or by management agreement.
new text end

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

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

new text begin (2) give a complete copy of any signed contract and any addendums, and all supporting
documents and attachments, to the resident or the designated representative promptly after
a contract and any addendum has been signed by the resident or the designated representative.
new text end

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

new text begin (e) Before or at the time of execution of the contract, the facility must offer the resident
the opportunity to identify a designated or resident representative or both in writing in the
contract. The contract must contain a page or space for the name and contact information
of the designated or resident representative or both and a box the resident must initial if the
resident declines to name a designated or resident representative. Notwithstanding paragraph
(f), the resident has the right at any time to rescind the declination or add or change the
name and contact information of the designated or resident representative.
new text end

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

new text begin Subd. 2. new text end

new text begin Contents and contract; contact information. new text end

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

new text begin (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:
new text end

new text begin (1) the facility and contracted service provider when applicable;
new text end

new text begin (2) the licensee of the facility;
new text end

new text begin (3) the managing agent of the facility, if applicable; and
new text end

new text begin (4) at least one natural person who is authorized to accept service of process on behalf
of the facility.
new text end

new text begin (c) The contract must include:
new text end

new text begin (1) a description of all the terms and conditions of the contract, including a description
of and any limitations to the housing and/or services to be provided for the contracted
amount;
new text end

new text begin (2) a delineation of the cost and nature of any other services to be provided for an
additional fee;
new text end

new text begin (3) 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;
new text end

new text begin (4) a delineation of the grounds under which the resident may be discharged, evicted,
or transferred or have services terminated; and
new text end

new text begin (5) billing and payment procedures and requirements.
new text end

new text begin (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.
new text end

new text begin (e) The contract must include a clear and conspicuous notice of:
new text end

new text begin (1) the right under section 144I.26 to challenge a discharge, eviction, or transfer or
service termination;
new text end

new text begin (2) the facility's policy regarding transfer of residents within the facility, under what
circumstances a transfer may occur, and whether or not consent of the resident being asked
to transfer is required;
new text end

new text begin (3) the toll-free complaint line for the MAARC, the Office of Ombudsman for Long-Term
Care, the Ombudsman for Mental Health and Developmental Disabilities, and the Office
of Health Facility Complaints;
new text end

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

new text begin (5) a description of the assisted living facility's policies related to medical assistance
waivers under sections 256B.0915 and 256B.49, including:
new text end

new text begin (i) whether the provider is enrolled with the commissioner of human services to provide
customized living services under medical assistance waivers;
new text end

new text begin (ii) whether there is a limit on the number of people residing at the assisted living facility
who can receive customized living services at any point in time. If so, the limit must be
provided;
new text end

new text begin (iii) whether the assisted living facility requires a resident to pay privately for a period
of time prior to accepting payment under medical assistance waivers, and if so, the length
of time that private payment is required;
new text end

new text begin (iv) a statement that medical assistance waivers provide payment for services, but do
not cover the cost of rent;
new text end

new text begin (v) a statement that residents may be eligible for assistance with rent through the housing
support program; and
new text end

new text begin (vi) 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; and
new text end

new text begin (6) the contact information to obtain long-term care consulting services under section
256B.0911.
new text end

new text begin (f) 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.
new text end

new text begin Subd. 3. new text end

new text begin Additional contract requirements for assisted living facilities and assisted
living facilities with dementia care.
new text end

new text begin (a) Assisted living facility and assisted living facility
with dementia care contracts must include the requirements in paragraph (b). A restriction
of a resident's rights under this subdivision is allowed only if determined necessary for
health and safety reasons identified by the facility's registered nurse in an initial assessment
or reassessment, under section 144I.15, subdivision 9, and documented in the written service
agreement under section 144I.15, subdivision 10. Any restrictions of those rights for
individuals served under sections 256B.0915 and 256B.49 must be documented in the
resident's coordinated service and support plan (CSSP), as defined under sections 256B.0915,
subdivision 6, and 256B.49, subdivision 15.
new text end

new text begin (b) The contract must include a statement:
new text end

new text begin (1) regarding the ability of a resident to furnish and decorate the resident's unit within
the terms of the lease;
new text end

new text begin (2) regarding the resident's right to access food at any time;
new text end

new text begin (3) regarding a resident's right to choose the resident's visitors and times of visits;
new text end

new text begin (4) regarding the resident's right to choose a roommate if sharing a unit; and
new text end

new text begin (5) notifying the resident of the resident's right to have and use a lockable door to the
resident's unit. The landlord shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible.
new text end

new text begin Subd. 4. new text end

new text begin Filing. new text end

new text begin The contract and related documents executed by each resident or the
designated representative must be maintained by the facility in files from the date of execution
until three years after the contract is terminated or expires. The contracts and all associated
documents will be available for on-site inspection by the commissioner at any time. The
documents shall be available for viewing or copies shall be made available to the resident
and the designated representative at any time.
new text end

new text begin Subd. 5. new text end

new text begin Waivers of liability prohibited. new text end

new text begin The contract must not include a waiver of
facility liability for the health and safety or personal property of a resident. The contract
must not include any provision that the facility knows or should know to be deceptive,
unlawful, or unenforceable under state or federal law, nor include any provision that requires
or implies a lesser standard of care or responsibility than is required by law.
new text end

Sec. 27.

new text begin [144I.26] INVOLUNTARY DISCHARGES AND SERVICE
TERMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Prerequisite to termination of housing or services. new text end

new text begin Before terminating
a resident's housing or services, a facility must explain in detail the reasons for the termination
and work with the resident, designated representatives, resident representatives, the resident's
family, applicable agencies, and any relevant health-related or social service professionals
to identify and offer reasonable accommodations and modifications, interventions, or
alternatives to avoid the termination.
new text end

new text begin Subd. 2. new text end

new text begin Permissible reasons to terminate housing or services. new text end

new text begin (a) A facility is
prohibited from terminating housing or services for grounds other than those specified in
paragraphs (b) and (c).
new text end

new text begin (b) A resident's housing or services shall not be terminated unless a termination is
necessary and there is a written determination, supported by documentation, of the necessity
of the termination. A termination is considered necessary only if:
new text end

new text begin (1) it is mandated by law or court order;
new text end

new text begin (2) the resident has engaged in a documented pattern of conduct that:
new text end

new text begin (i) endangers the health or safety of other residents or staff of the facility; or
new text end

new text begin (ii) repeatedly and substantially interferes with the rights, health, safety, or well-being
of other residents;
new text end

new text begin (3) the facility intends to cease operation;
new text end

new text begin (4) the facility's license is being restricted by the commissioner of health in a manner
that requires the termination;
new text end

new text begin (5) the resident has committed any of the acts enumerated under section 504B.171,
subdivision 1; or
new text end

new text begin (6) the resident's needs exceed the scope of the services for which the resident contracted
and:
new text end

new text begin (i) the facility administrator has certified that the resident's needs exceed the scope of
services for which the resident contracted, based on an evaluation by a disinterested, licensed
health care professional; and
new text end

new text begin (ii) the resident's needs cannot be safely met by reasonable accommodations or
modifications, interventions, or alternatives.
new text end

new text begin (c) A facility may terminate housing or services for nonpayment, provided the facility:
new text end

new text begin (1) makes reasonable efforts to accommodate temporary financial hardship and provide
information on government or private subsidies that may be available; and
new text end

new text begin (2) provides the notice required under subdivision 3.
new text end

new text begin (d) A temporary interruption in benefits does not constitute nonpayment.
new text end

new text begin Subd. 3. new text end

new text begin Advance notice required. new text end

new text begin A facility must provide at least 30 calendar days'
advance notice to the resident, the ombudsman for long-term care, and the resident's
designated representatives and resident representatives or, if no designated representative
or resident representative is known, a family member, if known, of a termination of housing
or services, except as provided in subdivision 5 or 6, paragraph (f). If the facility's license
is restricted by the commissioner, then the facility must follow the directions by the
commissioner for resident relocations or ceasing services to residents and these notice
provisions do not apply.
new text end

new text begin Subd. 4. new text end

new text begin Content of notice. new text end

new text begin The notice required under subdivision 3 must contain, at a
minimum:
new text end

new text begin (1) the effective date of termination of housing or services;
new text end

new text begin (2) a detailed explanation of the basis for the termination, including but not limited to
clinical or other supporting rationale;
new text end

new text begin (3) a list of known facilities in the immediate geographic area;
new text end

new text begin (4) a statement that the resident has the right to appeal the termination, an explanation
of how and to whom to appeal, and contact information for the Office of Administrative
Hearings;
new text end

new text begin (5) information on how to contact the ombudsman for long-term care and the ombudsman
for mental health and developmental disabilities;
new text end

new text begin (6) a description of the steps taken to avoid termination and the issues raised in accordance
with subdivision 1 and a statement that the resident has the right to request further meetings
to attempt to resolve the proposed termination;
new text end

new text begin (7) a description of the resident's right to avoid a termination, if possible, through
reasonable accommodations or modifications, interventions, or alternatives;
new text end

new text begin (8) a statement that the facility must actively participate in a coordinated transfer of the
resident to another location or service provider, as required under subdivision 7;
new text end

new text begin (9) the name and contact information of a person employed by the facility with whom
the resident may discuss the notice of termination of housing or services;
new text end

new text begin (10) if the termination is for services, a statement, if applicable, that the notice of
termination of services does not constitute a termination of housing or an eviction from the
resident's home, and that the resident has the right to remain in the facility; and
new text end

new text begin (11) the location to which the resident is being transferred and the contact information
for any new service provider to be used by the resident, or a statement that a location or
service provider will be identified prior to termination in accordance in subdivision 7.
new text end

new text begin If any information in the notice changes prior to the housing or service termination, the
facility must update the notice and provide it to the resident, resident's designated
representatives, and resident representatives or, if no designated representative or resident
representative is known, a family member as soon as practicable.
new text end

new text begin Subd. 5. new text end

new text begin Exception for emergencies. new text end

new text begin (a) A facility may relocate a resident from a facility
with notice of less than 30 calendar days and as soon as practicable if:
new text end

new text begin (1) emergency relocation is required for a resident's urgent medical needs and is ordered
by the resident's physician;
new text end

new text begin (2) the resident needs to be immediately relocated because the resident or another resident
or staff member of the facility is at imminent risk of:
new text end

new text begin (i) death;
new text end

new text begin (ii) life-threatening harm;
new text end

new text begin (iii) substantial harm, as defined in section 609.02, subdivision 7a; or
new text end

new text begin (iv) great bodily harm, as defined in section 609.02, subdivision 8, and that harm is
identified by the facility administrator based on documented evidence; or
new text end

new text begin (3) the breach involves any of the acts enumerated in section 504B.171, subdivision 1.
new text end

new text begin (b) A facility relocating a resident under this subdivision must:
new text end

new text begin (1) ensure that the resident is moved to a safe and appropriate location;
new text end

new text begin (2) immediately notify the resident's designated representatives and resident
representatives or, if no designated representative or resident representative is known, a
family member or interested person, if known