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SF 164

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 08:24am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying electronic monitoring requirements; modifying Board
of Executives for Long-Term Service and Supports fees; establishing a private
cause of action for retaliation in certain long-term care settings; modifying infection
control requirements in certain long-term care settings; modifying hospice and
assisted living bills of rights; establishing consumer protections for clients receiving
assisted living services; prohibiting termination of assisted living services during
a peacetime emergency; establishing procedures for transfer of clients receiving
assisted living services during a peacetime emergency; requiring the commissioner
of health to establish a state plan to control SARS-CoV-2 infections in certain
unlicensed long-term care settings; establishing the Long-Term Care COVID-19
Task Force; requiring a report; appropriating money; amending Minnesota Statutes
2018, sections 144A.751, subdivision 1; 144G.03, by adding subdivisions;
Minnesota Statutes 2019 Supplement, sections 144.6502, subdivision 3, by adding
a subdivision; 144.6512, by adding a subdivision; 144A.291, subdivision 2;
144A.4798, subdivision 3; 144G.07, by adding a subdivision; 144G.09, subdivision
3; 144G.42, by adding subdivisions; 144G.91, by adding a subdivision; 144G.92,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 144.6502, subdivision 3, is
amended to read:


Subd. 3.

Consent to electronic monitoring.

(a) Except as otherwise provided in this
subdivision, a resident must consent to electronic monitoring in the resident's room or private
living unit in writing on a notification and consent form. If the resident has not affirmatively
objected to electronic monitoring and new text beginthe resident representative attests that new text endthe resident's
medical professional deleted text begindeterminesdeleted text endnew text begin determinednew text end that the resident currently lacks the ability to
understand and appreciate the nature and consequences of electronic monitoring, the resident
representative may consent on behalf of the resident. 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. The resident's response must be
documented on the notification and consent form.

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

(1) the type of electronic monitoring device to be used;

(2) the standard conditions that may be placed on the electronic monitoring device's use,
including those listed in subdivision 6;

(3) with whom the recording may be shared under subdivision 10 or 11; and

(4) the resident's ability to decline all recording.

(c) A resident, or resident representative when consenting on behalf of the resident, may
consent to electronic monitoring with any conditions of the resident's or resident
representative's choosing, including the list of standard conditions provided in subdivision
6. A resident, or resident representative when consenting on behalf of the 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.

(d) Prior to implementing electronic monitoring, a resident, or resident representative
when acting on behalf of the resident, must obtain the written consent on the notification
and consent form of any other resident residing in the shared room or shared private living
unit. A roommate's or roommate's resident representative's written consent must comply
with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
resident representative under this paragraph authorizes the resident's use of any recording
obtained under this section, as provided under subdivision 10 or 11.

(e) Any resident conducting electronic monitoring must immediately remove or disable
an electronic monitoring device prior to a new roommate moving into a shared room or
shared private living unit, unless the resident obtains the roommate's or roommate's resident
representative's written consent as provided under paragraph (d) prior to the roommate
moving into the shared room or shared private living unit. Upon obtaining the new
roommate's signed notification and consent form and submitting the form to the facility as
required under subdivision 5, the resident may resume electronic monitoring.

(f) The resident or roommate, or the resident representative or roommate's resident
representative if the representative is consenting on behalf of the resident or roommate, may
withdraw consent at any time and the withdrawal of consent must be documented on the
original consent form as provided under subdivision 5, paragraph (d).

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2019 Supplement, section 144.6502, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Installation during isolation. new text end

new text begin (a) Anytime visitation is restricted or a resident
is isolated for any reason, including during a public health emergency, and the resident or
resident representative chooses to conduct electronic monitoring, a facility must place and
set up any device, provided the resident or resident representative delivers the approved
device to the facility with clear instructions for setting up the device, the device does not
require installation, the device requires only minimal set-up, and the resident or resident
representative assumes all risk in the event the device malfunctions.
new text end

new text begin (b) If a facility places an electronic monitoring device under this subdivision, the
requirements of this chapter, including requirements of subdivision 7, continue to apply.
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. 3.

Minnesota Statutes 2019 Supplement, section 144.6512, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Cause of action. new text end

new text begin A cause of action for violations of this section may be brought
and nothing in this section precludes a person from pursuing such an action. Any
determination of retaliation by the commissioner under subdivision 5 may be used as evidence
of retaliation in any cause of action under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2019 Supplement, section 144A.291, subdivision 2, is amended
to read:


Subd. 2.

Amounts.

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

(1) application for licensure, $200;

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

(3) state examination, $125;

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

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

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

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

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

deleted text begin (11)deleted text endnew text begin (9)new text end reciprocity verification fee, $50;

deleted text begin (12)deleted text endnew text begin (10)new text end second shared deleted text beginadministratordeleted text end assignment, $250;

deleted text begin (13)deleted text endnew text begin (11)new text end continuing education fees:

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

(ii) seven hours or more, $75;

deleted text begin (14)deleted text endnew text begin (12)new text end education review, $100;

deleted text begin (15)deleted text endnew text begin (13)new text end fee to a sponsor for review of individual continuing education seminars,
institutes, workshops, or home study courses:

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

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

deleted text begin (16)deleted text endnew text begin (14)new text end fee to a licensee for review of continuing education seminars, institutes,
workshops, or home study courses not previously approved for a sponsor and submitted
with an application for license renewal:

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

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

deleted text begin (17)deleted text endnew text begin (15)new text end late renewal fee, $75;

deleted text begin (18)deleted text endnew text begin (16)new text end fee to a licensee for verification of licensure status and examination scores,
$30;

deleted text begin (19)deleted text endnew text begin (17)new text end registration as a registered continuing education sponsor, $1,000; and

deleted text begin (20)deleted text endnew text begin (18)new text end mail labels, $75.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2019 Supplement, section 144A.4798, subdivision 3, is amended
to read:


Subd. 3.

Infection control program.

A home care provider must establish and maintain
an effective infection control program that complies with accepted health care, medical,
and nursing standards for infection controlnew text begin, including during a disease pandemicnew 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. 6.

Minnesota Statutes 2018, section 144A.751, subdivision 1, is amended to read:


Subdivision 1.

Statement of rights.

An individual who receives hospice care has the
right to:

(1) receive written information about rights in advance of receiving hospice care or
during the initial evaluation visit before the initiation of hospice care, including what to do
if rights are violated;

(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;

(3) be told in advance of receiving care about the services that will be provided, the
disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequence of these choices, including the consequences
of refusing these services;

(4) be told in advance, whenever possible, of any change in the hospice plan of care and
to take an active part in any change;

(5) refuse services or treatment;

(6) know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;

(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the
individual is enrolled;

(8) receive, upon request, a good faith estimate of the reimbursement the provider expects
to receive from the health plan company in which the individual is enrolled. A good faith
estimate must also be made available at the request of an individual who is not enrolled in
a health plan company. This payment information does not constitute a legally binding
estimate of the cost of services;

(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information
about these services;

(10) choose freely among available providers and change providers after services have
begun, within the limits of health insurance, medical assistance, Medicare, or other health
programs;

(11) have personal, financial, and medical information kept private and be advised of
the provider's policies and procedures regarding disclosure of such information;

(12) be allowed access to records and written information from records according to
sections 144.291 to 144.298;

(13) be served by people who are properly trained and competent to perform their duties;

(14) be treated with courtesy and respect and to have the patient's property treated with
respect;

(15) voice grievances regarding treatment or care that is, or fails to be, furnished or
regarding the lack of courtesy or respect to the patient or the patient's property;

(16) be free from physical and verbal abuse;

(17) reasonable, advance notice of changes in services or charges, including at least ten
days' advance notice of the termination of a service by a provider, except in cases where:

(i) the recipient of services engages in conduct that alters the conditions of employment
between the hospice provider and the individual providing hospice services, or creates an
abusive or unsafe work environment for the individual providing hospice services;

(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the hospice provider; or

(iii) the recipient is no longer certified as terminally ill;

(18) a coordinated transfer when there will be a change in the provider of services;

(19) know how to contact an individual associated with the provider who is responsible
for handling problems and to have the provider investigate and attempt to resolve the
grievance or complaint;

(20) know the name and address of the state or county agency to contact for additional
information or assistance;

(21) assert these rights personally, or have them asserted by the hospice patient's family
when the patient has been judged incompetent, without retaliation; deleted text beginand
deleted text end

(22) have pain and symptoms managed to the patient's desired level of comfortdeleted text begin.deleted text endnew text begin;
new text end

new text begin (23) revoke hospice election at any time; and
new text end

new text begin (24) receive curative treatment for any condition unrelated to the condition that prompted
hospice election.
new text end

Sec. 7.

Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Communicable diseases. new text end

new text begin A person or entity receiving assisted living title
protection under this chapter must follow current state requirements for prevention, control,
and reporting of communicable diseases as defined in Minnesota Rules, parts 4605.7040,
4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin SARS-CoV-2 infection control. new text end

new text begin (a) A person or entity receiving assisted living
title protection under this chapter must establish and maintain a comprehensive SARS-CoV-2
infection control program that complies with accepted health care, medical, and nursing
standards for infection control according to the most current SARS-CoV-2 infection control
guidelines issued by the United States Centers for Disease Control and Prevention, Centers
for Medicare and Medicaid Services, and the commissioner. This program must include a
SARS-CoV-2 infection control plan that covers all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors. The commissioner shall provide technical assistance
regarding implementation of the guidelines.
new text end

new text begin (b) A person or entity receiving assisted living title protection under this chapter must
maintain written evidence of compliance with this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2018, section 144G.03, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin COVID-19 response plan. new text end

new text begin (a) A person or entity receiving assisted living title
protection under this chapter must establish, implement, and maintain a COVID-19 response
plan. The COVID-19 response plan must be consistent with the requirements of subdivision
8 and at a minimum must address the following:
new text end

new text begin (1) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors;
new text end

new text begin (2) separation or isolation of clients infected with SARS-CoV-2 from clients who are
not;
new text end

new text begin (3) balancing the rights of residents with controlling the spread of SARS-CoV-2
infections;
new text end

new text begin (4) client relocations, including steps to be taken to mitigate trauma for relocated clients
receiving memory care;
new text end

new text begin (5) clearly informing clients of the home care provider's policies regarding the effect of
hospice orders, provider orders for life-sustaining treatment, do not resuscitate orders, and
do not intubate orders on any treatment of COVID-19 disease;
new text end

new text begin (6) mitigating the effects of separation or isolation of clients;
new text end

new text begin (7) compassionate care visitation;
new text end

new text begin (8) consideration of any campus model, multiple buildings on the same property, or any
mix of independent senior living units in the same building as assisted living units;
new text end

new text begin (9) protocols for emergency medical responses involving clients with SARS-CoV-2
infections, including infection control procedures following the departure of ambulance
service personnel or other first responders;
new text end

new text begin (10) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (11) taking into account dementia-related concerns.
new text end

new text begin (b) A person or entity receiving assisted living title protection under this chapter must
provide the commissioner with a copy of a COVID-19 response plan meeting the
requirements of this subdivision.
new text end

new text begin (c) A person or entity receiving assisted living title protection under this chapter must
make its COVID-19 response plan available to staff, clients, and families of clients.
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.

Minnesota Statutes 2019 Supplement, section 144G.07, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Cause of action. new text end

new text begin A cause of action for violations of this section may be brought
and nothing in this section precludes a person from pursuing such an action. Any
determination of retaliation by the commissioner under subdivision 5 may be used as evidence
of retaliation in any cause of action under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2019 Supplement, section 144G.09, subdivision 3, is amended
to read:


Subd. 3.

Rulemaking authorized.

(a) The commissioner shall adopt rules for all assisted
living facilities that promote person-centered planning and service delivery and optimal
quality of life, and that ensure resident rights are protected, resident choice is allowed, and
public health and safety is ensured.

(b) On July 1, 2019, the commissioner shall begin rulemaking.

(c) The commissioner shall adopt rules that include but are not limited to the following:

(1) staffing new text beginratios new text endappropriate for each licensure category to best protect the health and
safety of residents no matter their vulnerability;

(2) training prerequisites and ongoing training, including dementia care training and
standards for demonstrating competency;

(3) procedures for discharge planning and ensuring resident appeal rights;

(4) initial assessments, continuing assessments, and a uniform assessment tool;

(5) emergency disaster and preparedness plans;

(6) uniform checklist disclosure of services;

(7) a definition of serious injury that results from maltreatment;

(8) conditions and fine amounts for planned closures;

(9) procedures and timelines for the commissioner regarding termination appeals between
facilities and the Office of Administrative Hearings;

(10) establishing base fees and per-resident fees for each category of licensure;

(11) considering the establishment of a maximum amount for any one fee;

(12) procedures for relinquishing an assisted living facility with dementia care license
and fine amounts for noncompliance; and

(13) procedures to efficiently transfer existing housing with services registrants and
home care licensees to the new assisted living facility licensure structure.

(d) The commissioner shall publish the proposed rules by December 31, 2019, and shall
publish deleted text beginfinal rulesdeleted text endnew text begin the notice of adoptionnew text end by December 31, 2020.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2019 Supplement, section 144G.42, is amended by adding a
subdivision to read:


new text begin Subd. 9a. new text end

new text begin Communicable diseases. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2019 Supplement, section 144G.42, is amended by adding a
subdivision to read:


new text begin Subd. 9b. new text end

new text begin Infection control program. new text end

new text begin The facility must establish and maintain an
effective infection control program that complies with accepted health care, medical, and
nursing standards for infection control, including during a disease pandemic.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2019 Supplement, section 144G.91, is amended by adding a
subdivision to read:


new text begin Subd. 5a. new text end

new text begin Choice of provider. new text end

new text begin Residents have the right to choose freely among available
providers and to change providers after services have begun, within the limits of health
insurance, long-term care insurance, medical assistance, other health programs, or public
programs.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2019 Supplement, section 144G.92, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Cause of action. new text end

new text begin A cause of action for violations of this section may be brought
and nothing in this section precludes a person from pursuing such an action. Any
determination of retaliation by the commissioner under subdivision 4 may be used as evidence
of retaliation in any cause of action under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 16. new text beginCONSUMER PROTECTIONS FOR ASSISTED LIVING CLIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Arranged home care provider" has the meaning given in Minnesota Statutes, section
144D.01, subdivision 2a.
new text end

new text begin (c) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision
3.
new text end

new text begin (d) "Client 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 Minnesota Statutes, chapter 524;
new text end

new text begin (2) a conservator acting in accordance with the powers granted to the conservator under
Minnesota Statutes, 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 Minnesota Statutes, chapter 145C;
new text end

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

new text begin (5) a person who:
new text end

new text begin (i) is not an agent of a facility or an agent of a home care provider; and
new text end

new text begin (ii) is designated by the client orally or in writing to act on the client's behalf.
new text end

new text begin (e) "Facility" means:
new text end

new text begin (1) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01
to 144G.07; or
new text end

new text begin (2) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and required to disclose special care status under Minnesota Statutes, section
325F.72.
new text end

new text begin (f) "Home care provider" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 4.
new text end

new text begin (g) "Safe location" means a location that does not place a client's health or safety at risk.
A safe location is not a private home where the occupant is unwilling or unable to care for
the client, a homeless shelter, a hotel, or a motel.
new text end

new text begin (h) "Service plan" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 27.
new text end

new text begin (i) "Services" means services provided to a client by a home care provider according to
a service plan.
new text end

new text begin Subd. 2. new text end

new text begin Prerequisite to termination or nonrenewal of lease, services, or service
plan.
new text end

new text begin (a) A facility must schedule and participate in a meeting with the client and the client
representative before:
new text end

new text begin (1) the facility issues a notice of termination of a lease;
new text end

new text begin (2) the facility issues a notice of termination or nonrenewal of all services; or
new text end

new text begin (3) an arranged home care provider issues a notice of termination or nonrenewal of a
service plan.
new text end

new text begin (b) The purposes of the meeting required under paragraph (a) are to:
new text end

new text begin (1) explain in detail the reasons for the proposed termination or nonrenewal; and
new text end

new text begin (2) identify and offer reasonable accommodations or modifications, interventions, or
alternatives to avoid the termination or nonrenewal and enable the client to remain in the
facility, including but not limited to securing services from another home care provider of
the client's choosing. A facility is not required to offer accommodations, modifications,
interventions, or alternatives that fundamentally alter the nature of the operation of the
facility.
new text end

new text begin (c) The meeting required under paragraph (a) must be scheduled to take place at least
seven days before a notice of termination or nonrenewal is issued. The facility must make
reasonable efforts to ensure that the client and the client representative are able to attend
the meeting.
new text end

new text begin (d) The facility must notify the client that the client may invite family members, relevant
health professionals, a representative of the Office of Ombudsman for Long-Term Care, or
other persons of the client's choosing to attend the meeting. For clients who receive home
and community-based waiver services under Minnesota Statutes, section 256B.49, and
Minnesota Statutes, chapter 256S, the facility must notify the client's case manager of the
meeting.
new text end

new text begin Subd. 3. new text end

new text begin Restrictions on lease terminations. new text end

new text begin (a) A facility may not terminate a lease
except as provided in this subdivision.
new text end

new text begin (b) Upon 30 days' prior written notice, a facility may initiate a termination of a lease
only for:
new text end

new text begin (1) nonpayment of rent, provided the facility informs the client that public benefits may
be available and provides contact information for the Senior LinkAge Line under Minnesota
Statutes, section 256.975, subdivision 7. An interruption to a client's public benefits that
lasts for no more than 60 days does not constitute nonpayment; or
new text end

new text begin (2) a violation of a lawful provision of the lease if the client does not cure the violation
within a reasonable amount of time after the facility provides written notice to the client of
the ability to cure. Written notice of the ability to cure may be provided in person or by first
class mail. A facility is not required to provide a client with written notice of the ability to
cure for a violation that threatens the health or safety of the client or another individual in
the facility, or for a violation that constitutes illegal conduct.
new text end

new text begin (c) Upon 15 days' prior written notice, a facility may terminate a lease only if the client
has:
new text end

new text begin (1) engaged in conduct that substantially interferes with the rights, health, or safety of
other clients;
new text end

new text begin (2) engaged in conduct that substantially and intentionally interferes with the safety or
physical health of facility staff; or
new text end

new text begin (3) committed an act listed in Minnesota Statutes, section 504B.171, that substantially
interferes with the rights, health, or safety of other clients.
new text end

new text begin (d) Nothing in this subdivision affects the rights and remedies available to facilities and
clients under Minnesota Statutes, chapter 504B.
new text end

new text begin Subd. 4. new text end

new text begin Restrictions on terminations and nonrenewals of services and service
plans.
new text end

new text begin (a) An arranged home care provider may not terminate or fail to renew a service plan
of a client in a facility except as provided in this subdivision.
new text end

new text begin (b) Upon 30 days' prior written notice, an arranged home care provider may initiate a
termination of services for nonpayment if the client does not cure the violation within a
reasonable amount of time after the facility provides written notice to the client of the ability
to cure. An interruption to a client's public benefits that lasts for no more than 60 days does
not constitute nonpayment.
new text end

new text begin (c) Upon 15 days' prior written notice, an arranged home care provider may terminate
or fail to renew a service plan only if:
new text end

new text begin (1) the client has engaged in conduct that substantially interferes with the client's health
or safety;
new text end

new text begin (2) the client's assessed needs exceed the scope of services agreed upon in the service
plan and are not otherwise offered by the arranged home care provider; or
new text end

new text begin (3) extraordinary circumstances exist, causing the arranged home care provider to be
unable to provide the client with the services agreed to in the service plan that are necessary
to meet the client's needs.
new text end

new text begin Subd. 5. new text end

new text begin Right to appeal. new text end

new text begin Clients have the right to appeal the termination of a lease,
services, or a service plan.
new text end

new text begin Subd. 6. new text end

new text begin Permissible grounds to appeal termination. new text end

new text begin A client may appeal a termination
initiated under subdivision 3 or 4, on the grounds that:
new text end

new text begin (1) there is a factual dispute as to whether the facility had a permissible basis to initiate
the termination;
new text end

new text begin (2) the termination would result in great harm or the potential for great harm to the client
as determined by the totality of the circumstances, except in circumstances where there is
a greater risk of harm to other residents or staff at the facility;
new text end

new text begin (3) the resident has cured or demonstrated the ability to cure the reasons for the
termination, or has identified a reasonable accommodation or modification, intervention,
or alternative to the termination; or
new text end

new text begin (4) the facility has terminated the lease, services, or service plan in violation of state or
federal law.
new text end

new text begin Subd. 7. new text end

new text begin Appeals process. new text end

new text begin (a) The Office of Administrative Hearings must conduct an
expedited hearing as soon as practicable, but in no event later than 14 calendar days after
the office receives the request, unless the parties agree otherwise or the chief administrative
law judge deems the timing to be unreasonable, given the complexity of the issues presented.
new text end

new text begin (b) The hearing must be held at the facility where the resident lives, unless holding the
hearing at that location is impractical, the parties agree to hold the hearing at a different
location, or the chief administrative law judge grants a party's request to appear at another
location or by telephone or interactive video.
new text end

new text begin (c) The hearing is not a formal contested case proceeding, except when determined
necessary by the chief administrative law judge.
new text end

new text begin (d) Parties may but are not required to be represented by counsel. The appearance of a
party without counsel does not constitute the unauthorized practice of law.
new text end

new text begin (e) The hearing shall be limited to the amount of time necessary for the participants to
expeditiously present the facts about the proposed termination. The administrative law judge
shall issue a recommendation to the commissioner as soon as practicable, but in no event
later than ten business days after the hearing.
new text end

new text begin Subd. 8. new text end

new text begin Burden of proof for appeals of termination. new text end

new text begin (a) The facility bears the burden
of proof to establish by a preponderance of the evidence that the termination was permissible
if the appeal is brought on the ground listed in subdivision 6, clause (4).
new text end

new text begin (b) The client bears the burden of proof to establish by a preponderance of the evidence
that the termination was permissible if the appeal is brought on the grounds listed in
subdivision 6, clause (2) or (3).
new text end

new text begin Subd. 9. new text end

new text begin Determination; content of order. new text end

new text begin (a) The client's termination must be rescinded
if the client prevails in the appeal.
new text end

new text begin (b) The order may contain any conditions that may be placed on the client's continued
residency or receipt of services, including but not limited to changes to the service plan or
a required increase in services.
new text end

new text begin Subd. 10. new text end

new text begin Service provision while appeal pending. new text end

new text begin A termination of a lease, services,
or a service plan shall not occur while an appeal is pending. If additional services are needed
to meet the health or safety needs of the client while an appeal is pending, the client is
responsible for contracting for those additional services from the facility or another provider
and for ensuring the costs for those additional services are covered.
new text end

new text begin Subd. 11. new text end

new text begin Application of Minnesota Statutes, chapter 504B, to appeals of
terminations.
new text end

new text begin A client may not bring an action under Minnesota Statutes, chapter 504B,
to challenge a termination of a lease that has occurred and been upheld under this section.
new text end

new text begin Subd. 12. new text end

new text begin Restriction on lease nonrenewals. new text end

new text begin If a facility decides to not renew a client's
lease, the facility must:
new text end

new text begin (1) provide the client with 60 calendar days' notice of the nonrenewal;
new text end

new text begin (2) ensure a coordinated move as provided under subdivision 14;
new text end

new text begin (3) consult and cooperate with the client; the client representative; the case manager of
a client who receives home and community-based waiver services under Minnesota Statutes,
section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and
any other person of the client's choosing to make arrangements to move the client; and
new text end

new text begin (4) prepare a written plan to prepare for the move.
new text end

new text begin Subd. 13. new text end

new text begin Right to return. new text end

new text begin If a client is absent from a facility for any reason, the facility
shall not refuse to allow a client to return if a lease termination has not been effectuated.
new text end

new text begin Subd. 14. new text end

new text begin Coordinated moves. new text end

new text begin (a) A facility or arranged home care provider, as
applicable, must arrange a coordinated move for a client according to this subdivision if:
new text end

new text begin (1) a facility terminates a lease or closes the facility;
new text end

new text begin (2) an arranged home care provider terminates or does not renew a service plan; or
new text end

new text begin (3) an arranged home care provider reduces or eliminates services to the extent that the
client needs to move.
new text end

new text begin (b) If an event listed in paragraph (a) occurs, the facility or arranged home care provider,
as applicable, must:
new text end

new text begin (1) ensure a coordinated move to a safe location that is appropriate for the client and
that is identified by the facility;
new text end

new text begin (2) ensure a coordinated move to an appropriate service provider identified by the facility,
provided services are still needed and desired by the client; and
new text end

new text begin (3) consult and cooperate with the client; the client representative; the case manager for
a client who receives home and community-based waiver services under Minnesota Statutes,
section 256B.49, and Minnesota Statutes, chapter 256S; relevant health professionals; and
any other person of the client's choosing to make arrangements to move the client.
new text end

new text begin (c) A facility may satisfy the requirements in paragraph (b), clauses (1) and (2), by
moving the client to a different location within the same facility, if appropriate for the client.
new text end

new text begin (d) A client may decline to move to the location the facility identifies or to accept services
from a service provider the facility identifies, and may choose instead to move to a location
of the client's choosing or receive services from a service provider of the client's choosing.
new text end

new text begin (e) Sixty days before the facility or arranged home care provider reduces or eliminates
one or more services for a particular client, the facility must provide written notice of the
reduction or elimination. If the facility, arranged home care provider, client, or client
representative determines that the reduction or elimination of services will force the client
to move to a new location, the facility must ensure a coordinated move in accordance with
this subdivision, and must provide notice to the Office of Ombudsman for Long-Term Care.
new text end

new text begin (f) The facility or arranged home care provider, as applicable, must prepare a relocation
plan to prepare for the move to the new location or service provider.
new text end

new text begin (g) With the client's knowledge and consent, if the client is relocated to another facility
or to a nursing home, or if care is transferred to another service provider, the facility must
timely convey to the new facility, nursing home, or service provider:
new text end

new text begin (1) the client's full name, date of birth, and insurance information;
new text end

new text begin (2) the name, telephone number, and address of the client representative, if any;
new text end

new text begin (3) the client's current, documented diagnoses that are relevant to the services being
provided;
new text end

new text begin (4) the client's known allergies that are relevant to the services being provided;
new text end

new text begin (5) the name and telephone number of the client's physician, if known, and the current
physician orders that are relevant to the services being provided;
new text end

new text begin (6) all medication administration records that are relevant to the services being provided;
new text end

new text begin (7) the most recent client assessment, if relevant to the services being provided; and
new text end

new text begin (8) copies of health care directives, "do not resuscitate" orders, and any guardianship
orders or powers of attorney.
new text end

new text begin Subd. 15. new text end

new text begin No waiver. new text end

new text begin No facility or arranged home care provider may request or require
that a client waive the client's rights or requirements under this section at any time or for
any reason, including as a condition of admission to the facility.
new text end

new text begin Subd. 16. new text end

new text begin Expiration. new text end

new text begin This section expires upon implementation of assisted living
licensure under Minnesota Statutes, chapter 144G.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 17. new text beginSUSPENDING SERVICE TERMINATIONS, TRANSFERS, AND
DISCHARGES DURING THE COVID-19 PEACETIME EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Arranged home care provider" has the meaning given in Minnesota Statutes, section
144D.01, subdivision 2a.
new text end

new text begin (c) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision
3.
new text end

new text begin (d) "Facility" means:
new text end

new text begin (1) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01
to 144G.07; or
new text end

new text begin (2) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and required to disclose special care status under Minnesota Statutes, section
325F.72.
new text end

new text begin (e) "Home care provider" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 4.
new text end

new text begin (f) "Service plan" has the meaning given in Minnesota Statutes, section 144A.43,
subdivision 27.
new text end

new text begin (g) "Services" means services provided to a client by a home care provider according
to a service plan.
new text end

new text begin Subd. 2. new text end

new text begin Suspension of home care service terminations. new text end

new text begin For the duration of the
peacetime emergency declared in Executive Order 20-01 or until Executive Order 20-01 is
rescinded, an arranged home care provider providing home care services to a client residing
in a facility must not terminate its client's services or service plan, unless one of the conditions
specified in Minnesota Statutes, section 144G.52, subdivision 5, paragraph (b), clauses (1)
to (3), are met. Nothing in this subdivision prohibits the transfer of a client under section
18.
new text end

new text begin Subd. 3. new text end

new text begin Suspension of discharges and transfers. new text end

new text begin For the duration of the peacetime
emergency declared in Executive Order 20-01 or until Executive Order 20-01 is rescinded,
nursing homes, boarding care homes, and long-term acute care hospitals must not discharge
or transfer residents except for transfers in accordance with guidance issued by the Centers
for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, and
the Minnesota Department of Health for the purposes of controlling SARS-CoV-2 infections,
or unless the failure to discharge or transfer the resident would endanger the health or safety
of the resident or other individuals in the facility.
new text end

new text begin Subd. 4. new text end

new text begin Pending discharge and transfer appeals. new text end

new text begin For the duration of the peacetime
emergency declared in Executive Order 20-01 or until Executive Order 20-01 is rescinded,
final decisions on appeals of transfers and appeals under section 15, subdivisions 5 to 11,
and Minnesota Statutes, section 144A.135, are stayed.
new text end

new text begin Subd. 5. new text end

new text begin Penalties. new text end

new text begin A person who willfully violates subdivisions 1 and 2 of this section
is guilty of a misdemeanor and upon conviction must be punished by a fine not to exceed
$1,000, or by imprisonment for not more than 90 days.
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. 18. new text beginTRANSFERS FOR COHORTING PURPOSES DURING THE COVID-19
PEACETIME EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Client" has the meaning given in Minnesota Statutes, section 144G.01, subdivision
3.
new text end

new text begin (c) "Facility" means:
new text end

new text begin (1) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under title protection under Minnesota Statutes, sections 144G.01
to 144G.07; or
new text end

new text begin (2) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and required to disclose special care status under Minnesota Statutes, section
325F.72.
new text end

new text begin Subd. 2. new text end

new text begin Transfers for cohorting purposes. new text end

new text begin A facility may transfer a client to another
facility for the following cohorting purposes:
new text end

new text begin (1) transferring clients with symptoms of a respiratory infection or confirmed diagnosis
of COVID-19 to another facility that agrees to accept each specific client and is a dedicated
COVID-19 care site;
new text end

new text begin (2) in order to make the transferring facility a dedicated COVID-19 care site transferring
residents without symptoms of a respiratory infection or confirmed not to have COVID-19
to another facility that agrees to accept each specific client, and is dedicated to caring for
clients without COVID-19 and preventing them from acquiring COVID-19; or
new text end

new text begin (3) transferring clients without symptoms of a respiratory infection to another facility
that agrees to accept each specific client and is dedicated to observing clients over 14 days
for any signs or symptoms of a respiratory infection.
new text end

new text begin The transferring facility must receive confirmation that the receiving facility agrees to accept
the client to be transferred. Confirmation may be in writing or oral. If verbal, the transferring
facility must document who from the receiving facility communicated agreement and the
date and time this person communicated agreement.
new text end

new text begin Subd. 3. new text end

new text begin Notice required. new text end

new text begin A transferring facility shall provide the transferred client and
the legal or designated representatives of the transferred client, if any, with a written notice
of transfer that includes the following information:
new text end

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

new text begin (2) the reason permissible under subdivision 2 for the transfer;
new text end

new text begin (3) the name and contact information of a representative of the transferring facility with
whom the client may discuss the transfer;
new text end

new text begin (4) the name and contact information of a representative of the receiving facility with
whom the client may discuss the transfer;
new text end

new text begin (5) a statement that the transferring facility will participate in a coordinated move and
transfer of the care of the client to the receiving facility, as required under section 15,
subdivision 14, and under Minnesota Statutes, section 144A.44, subdivision 1, clause (18);
new text end

new text begin (6) a statement that a transfer for cohorting purposes does not constitute a termination
of a lease, services, or a service plan; and
new text end

new text begin (7) a statement that a client has a right to return to the transferring facility as provided
under subdivision 9.
new text end

new text begin Subd. 4. new text end

new text begin Waived transfer requirements for cohorting purposes. new text end

new text begin (a) The following
requirements related to client rights are waived, or modified as indicated, only for purposes
related to transfers to another facility under subdivision 2:
new text end

new text begin (1) the right to take an active part in developing, modifying, and evaluating the plan and
services under Minnesota Statutes, section 144A.44, clause (2);
new text end

new text begin (2) rights under Minnesota Statutes, section 144A.44, clause (3);
new text end

new text begin (3) rights under Minnesota Statutes, section 144A.44, clause (4);
new text end

new text begin (4) rights under Minnesota Statutes, section 144A.44, clause (9);
new text end

new text begin (5) rights under Minnesota Statutes, section 144A.44, clause (15);
new text end

new text begin (6) timelines for completing assessments under Minnesota Statutes, section 144A.4791,
subdivision 8. A receiving facility must complete client assessments following a transfer
for cohorting purposes as soon as practicable; and
new text end

new text begin (7) timelines for completing service plans under Minnesota Statutes, section 144A.4791,
subdivision 9. A receiving facility must complete client service plans following a transfer
for cohorting purposes as soon as practicable and must review and use the care plan for a
transferred client provided by the transferring facility, adjusting it as necessary to protect
the health and safety of the client.
new text end

new text begin Subd. 5. new text end

new text begin Mandatory transfer of medical assistance clients for cohorting purposes. new text end

new text begin (a)
The commissioner of health has the authority to transfer medical assistance clients to another
facility for the purposes under subdivision 2.
new text end

new text begin (b) The commissioner of human services may not deny reimbursement to a facility
receiving a client under this section for a private room or private living unit.
new text end

new text begin Subd. 6. new text end

new text begin Coordinated transfer required. new text end

new text begin Nothing in this section shall be construed as
relieving a facility from its duty to provide a coordinated move and transfer of care as
required under section 16, subdivision 14.
new text end

new text begin Subd. 7. new text end

new text begin Transfers not considered terminations. new text end

new text begin Nothing in this section shall be
considered inconsistent with a facility's duties under sections 16 and 17. A transfer under
this section is not a termination of a lease, services, or a service plan under section 16 or
17.
new text end

new text begin Subd. 8. new text end

new text begin No right of appeal. new text end

new text begin A client may not appeal a transfer under subdivision 2.
new text end

new text begin Subd. 9. new text end

new text begin Right to return. new text end

new text begin If a client is absent from a facility as a result of a transfer
under subdivision 2, the facility must allow a client to return to the transferring facility,
provided the client is determined not to be infectious according to current medical standards.
new text end

new text begin Subd. 10. new text end

new text begin Appropriate transfers. new text end

new text begin The commissioner of health shall monitor all transfers
made under this section. The commissioner may audit transfers made under this section for
compliance with the requirements of this section and may take enforcement actions, including
issuing fines for violations. A violation of this section is at least a level 2 violation as defined
in Minnesota Statutes, section 144A.474.
new text end

new text begin Subd. 11. new text end

new text begin Expiration. new text end

new text begin Subdivisions 1 to 9 expire 60 days after the peacetime emergency
declared by the governor under Minnesota Statutes, section 12.31, subdivision 2, for an
outbreak of COVID-19, is terminated or rescinded by proper authority.
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. 19. new text beginLONG-TERM CARE COVID-19 TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) A Long-Term Care COVID-19 Task Force consists of
the following members:
new text end

new text begin (1) two senators, including one senator appointed by the senate majority leader and one
senator appointed by the senate minority leader, who shall each be ex officio nonvoting
members;
new text end

new text begin (2) two members of the house of representatives, including one member appointed by
the speaker of the house and one member appointed by the minority leader of the house of
representatives, who shall each be ex officio nonvoting members;
new text end

new text begin (3) four family members of an assisted living client or of a nursing home resident,
appointed by the governor;
new text end

new text begin (4) four assisted living clients or nursing home residents, appointed by the governor;
new text end

new text begin (5) one medical doctor board-certified in infectious disease, appointed by .......;
new text end

new text begin (6) two medical doctors board-certified in geriatric medicine, appointed by .......;
new text end

new text begin (7) one registered nurse or advanced practice registered nurse who provides care in a
nursing home or assisted living services, appointed by .......;
new text end

new text begin (8) two licensed practical nurses who provide care in a nursing home or assisted living
services, appointed by .......;
new text end

new text begin (9) one certified home health aide providing assisted living services or one certified
nursing assistant providing care in a nursing home, appointed by .......;
new text end

new text begin (10) one medical director of a licensed nursing home, appointed by .......;
new text end

new text begin (11) one medical director of a licensed hospice provider, appointed by .......;
new text end

new text begin (12) one licensed nursing home administrator, appointed by .......;
new text end

new text begin (13) one licensed assisted living director, appointed by .......;
new text end

new text begin (14) one representative of a corporate owner of a licensed nursing home or of a housing
with services establishment operating under Minnesota Statutes, chapter 144G, assisted
living title protection, appointed by .......;
new text end

new text begin (15) one representative of an organization representing families of consumers of assisted
living services, appointed by .......;
new text end

new text begin (16) one representative of an organization representing clients and residents living with
dementia, appointed by .......;
new text end

new text begin (17) one housing attorney, appointed by .......;
new text end

new text begin (18) one attorney specializing in elder law or disability benefits law, appointed by .......;
new text end

new text begin (19) the commissioner of human services or a designee, who shall be an ex officio
nonvoting member;
new text end

new text begin (20) the commissioner of health or a designee, who shall be an ex officio nonvoting
member; and
new text end

new text begin (21) the ombudsman for long-term care or designee, who shall be an ex officio nonvoting
member.
new text end

new text begin (b) Appointing authorities must make initial appointments to the Long-Term Care
COVID-19 Task Force by July 1, 2020.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Long-Term Care COVID-19 Task Force is established to study
various methods of balancing the rights of assisted living clients and nursing home residents
with the risk of outbreaks of SARS-CoV-2 infections and COVID-19 disease, and to advise
the commissioners of health and human services on the use of their temporary emergency
authorities with respect to providing long-term care during the peacetime emergency related
to COVID-19. The goal of the task force is to minimize the number of deaths in long-term
care facilities resulting from COVID-19 disease. At a minimum, the task force must study:
new text end

new text begin (1) how to minimize isolating assisted living clients and nursing home residents who
are neither suspected or confirmed to have active SARS-CoV-2 infections;
new text end

new text begin (2) how to separate assisted living clients and nursing home residents who are suspected
or confirmed to have active SARS-CoV-2 infections from those clients and residents who
are neither suspected or confirmed to have active SARS-CoV-2 infections;
new text end

new text begin (3) creating facilities dedicated to caring for assisted living clients and nursing home
residents with symptoms of a respiratory infection or confirmed diagnosis of COVID-19;
new text end

new text begin (4) creating facilities dedicated to caring for assisted living clients and nursing home
residents without symptoms of a respiratory infection or confirmed not to have COVID-19
to prevent them from acquiring COVID-19;
new text end

new text begin (5) creating facilities dedicated to caring for, isolating, and observing for up to 14 days
assisted living clients and nursing home residents with known exposure to SARS-CoV-2;
and
new text end

new text begin (6) best practices related to executing hospice orders, provider orders for life-sustaining
treatment, do not resuscitate orders, and do not intubate orders when treating an assisted
living or nursing home resident for COVID-19 disease.
new text end

new text begin Subd. 3. new text end

new text begin Advisory opinions. new text end

new text begin The task force may issue advisory opinions to the
commissioners of health and human services regarding the commissioners' use of temporary
emergency authorities granted under emergency executive orders and in law, as well as
under any existing nonemergency authorities. The task force shall forward any advisory
opinions it issues to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and finance.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2021, the task force must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health policy
and finance. The report must:
new text end

new text begin (1) summarize the activities of the task force; and
new text end

new text begin (2) make recommendations for legislative action.
new text end

new text begin Subd. 5. new text end

new text begin First meeting; chair. new text end

new text begin The commissioner or a designee must convene the first
meeting of the Long-Term Care COVID-19 Task Force by July 1, 2020. At the first meeting,
the task force shall elect a chair by a majority vote of those members present.
new text end

new text begin Subd. 6. new text end

new text begin Meetings. new text end

new text begin The meetings of the task force are subject to Minnesota Statutes,
chapter 13D.
new text end

new text begin Subd. 7. new text end

new text begin Administration. new text end

new text begin The commissioner of health shall provide administrative
services for the task force.
new text end

new text begin Subd. 8. new text end

new text begin Compensation. new text end

new text begin Public members are compensated as provided in Minnesota
Statutes, section 15.059, subdivision 4.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin This section expires the day after submission of the report required
in subdivision 3 or on January 16, 2021, whichever is later.
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. 20. new text beginDIRECTION TO THE COMMISSIONER OF HEALTH; ELECTRONIC
MONITORING CONSENT FORM.
new text end

new text begin The commissioner of health shall modify the Resident Representative Consent Form
and the Roommate Representative Consent Form related to electronic monitoring under
Minnesota Statutes, section 144.6502, by removing the instructions requiring a resident
representative to obtain a written determination by the medical professional of the resident
that the resident currently lacks the ability to understand and appreciate the nature and
consequences of electronic monitoring. The commissioner shall not require a resident
representative to submit a written determination with the consent forms.
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. 21. new text beginDIRECTION TO THE COMMISSIONER OF HEALTH; CONTROLLING
COVID-19 IN UNLICENSED LONG-TERM CARE SETTINGS.
new text end

new text begin Subdivision 1. new text end

new text begin State plan for combating COVID-19. new text end

new text begin (a) The commissioner of health
shall create a state plan for combating the spread of SARS-CoV-2 infections and COVID-19
disease in housing with services establishments registered under Minnesota Statutes, chapter
144D, and in independent senior living settings. The commissioner may consult with the
Long-Term Care COVID-19 Task Force regarding modifications or amendments to the
state plan.
new text end

new text begin (b) In the plan, the commissioner of health must give initial priority to combating
infections and disease in housing with services establishments subject to the dementia care
training requirements under Minnesota Statutes, section 144D.065.
new text end

new text begin (c) In the plan, the commissioner of health must provide to both registered housing with
services establishments and independent senior living settings guidance on alleviating
isolation of residents who are not suspected or known to have an active SARS-CoV-2
infection or COVID-19 disease, including recommendations on how to safely ease restrictions
on visitors entering the setting and on free movement of clients and residents within the
setting and the community.
new text end

new text begin (d) In the plan, the commissioner of health must provide to covered settings, as defined
in Minnesota Statutes, section 325F.721, subdivision 1, paragraph (b), guidelines for
providing safe and effective contactless "I'm okay" check services, as defined in Minnesota
Statutes, section 325F.721, subdivision 1, paragraph (c), or similar services.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement of disease prevention and infection control requirements
during COVID-19 pandemic.
new text end

new text begin The commissioner of health shall develop protocols to ensure
during the COVID-19 pandemic safe and timely surveys of housing with service
establishments operating under Minnesota Statutes, chapter 144G, assisted living title
protection and of arranged home care providers for compliance with disease prevention and
infection control requirements under Minnesota Statutes, sections 144A.4798 and 144G.03,
subdivisions 7 to 9.
new text end

new text begin Subd. 3. new text end

new text begin Maltreatment investigations during COVID-19 pandemic. new text end

new text begin The commissioner
of health shall develop protocols to ensure during the COVID-19 pandemic safe and timely
investigations of maltreatment complaints involving clients or residents of housing with
service establishments operating under Minnesota Statutes, chapter 144G, assisted living
title protection and of arranged home care providers.
new text end

new text begin Subd. 4. new text end

new text begin Testing of all residents of certain senior living settings. new text end

new text begin The commissioner
of health shall develop and implement a plan to ensure during the COVID-19 pandemic
safe and timely testing of all residents of independent senior living settings and all residents
of housing with service establishments operating under Minnesota Statutes, chapter 144G,
assisted living title protection.
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. 22. new text beginAPPROPRIATION; BOARD OF EXECUTIVES FOR LONG TERM
SERVICES AND SUPPORTS.
new text end

new text begin $467,000 in fiscal year 2021 is appropriated from the state government special revenue
fund to the Board of Executives for Long Term Services and Supports for operations. The
base for this appropriation is $722,000 in fiscal year 2022 and $742,000 in fiscal year 2023.
new text end

new text begin EFFECTIVE DATE. new text end

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