SF 2922

as introduced - 91st Legislature (2019 - 2020) Posted on 05/21/2019 08:55am

A bill for an act
relating to health; changing an assisted living requirement; amending Minnesota
Statutes 2018, section 144G.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 144G.03, subdivision 3, is amended to read:

Subd. 3.

Exemption from awake-staff requirement.

A housing with services
establishment that offers or provides assisted living is exempt from the requirement in
subdivision 2, paragraph (b), clause (7), item (i), that the person or persons available and
responsible for responding to requests for assistance must be awake, if the establishment
meets the following requirements:

(1) the establishment has a maximum capacity to serve deleted text begin 12 deleted text end new text begin 16 new text end or fewer assisted living
clients;

(2) the person or persons available and responsible for responding to requests for
assistance are physically present within the housing with services establishment in which
the assisted living clients reside;

(3) the establishment has a system in place that is compatible with the health, safety,
and welfare of the establishment's assisted living clients;

(4) the establishment's housing with services contract, as required by section 144D.04,
includes a statement disclosing the establishment's qualification for, and intention to rely
upon, this exemption;

(5) the establishment files with the commissioner, for purposes of public information
but not review or approval by the commissioner, a statement describing how the establishment
meets the conditions in clauses (1) to (4), and makes a copy of this statement available to
actual and prospective assisted living clients; and

(6) the establishment indicates on its housing with services registration, under section
144D.02 or 144D.03, as applicable, that it qualifies for and intends to rely upon the exemption
under this subdivision.