SF 3265

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/17/2023 10:07am

A bill for an act
relating to health; modifying electronic monitoring requirements; modifying Board
of Executives for Long-Term Service and Supports fees; establishing private
enforcement of certain rights; 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; requiring the commissioner of health to establish a state plan to control
SARS-CoV-2 infections in certain long-term care settings; establishing the
Long-Term Care COVID-19 Task Force; changing provisions for nursing homes,
home care, and assisted living; requiring a report; appropriating money; amending
Minnesota Statutes 2022, sections 144.56, by adding subdivisions; 144.6502,
subdivision 3, by adding a subdivision; 144.6512, by adding a subdivision; 144.652,
by adding a subdivision; 144A.04, by adding subdivisions; 144A.291, subdivision
2; 144A.4798, subdivision 3, by adding subdivisions; 144A.751, subdivision 1;
144G.09, subdivision 3; 144G.10, by adding a subdivision; 144G.42, by adding
subdivisions; 144G.91, by adding a subdivision; 144G.92, by adding a subdivision;
Laws 2019, chapter 60, article 1, section 46; article 5, section 2; proposing coding
for new law in Minnesota Statutes, chapters 144A; 144G.

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

Section 1.

Minnesota Statutes 2022, section 144.56, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Severe acute respiratory syndrome-related coronavirus infection
control. new text end

new text begin (a) A boarding care home must establish and maintain a comprehensive severe
acute respiratory syndrome-related coronavirus 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 or their successor versions
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 severe acute
respiratory syndrome-related coronavirus infection control plan that covers all paid and
unpaid employees, contractors, students, volunteers, residents, and visitors. The commissioner
shall provide technical assistance regarding implementation of the guidelines.
new text end

new text begin (b) The boarding care home 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. 2.

Minnesota Statutes 2022, section 144.56, is amended by adding a subdivision to
read:

new text begin Subd. 2e. new text end

new text begin Severe acute respiratory syndrome-related coronavirus response plan. new text end

new text begin (a)
A boarding care home must establish, implement, and maintain a severe acute respiratory
syndrome-related coronavirus response plan. The severe acute respiratory syndrome-related
coronavirus response plan must be consistent with the requirements of subdivision 2d and
at a minimum must address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, residents, and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, residents, and visitors;
new text end

new text begin (3) separation or isolation of residents infected with SARS-CoV-2 or a similar severe
acute respiratory syndrome-related coronavirus from residents who are not;
new text end

new text begin (4) balancing the rights of residents with controlling the spread of SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (5) resident relocations, including steps to be taken to mitigate trauma for relocated
residents receiving memory care;
new text end

new text begin (6) clearly informing residents of the boarding care home'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 or similar severe acute
respiratory syndromes;
new text end

new text begin (7) mitigating the effects of separation or isolation of residents, including virtual visitation,
outdoor visitation, and for residents who cannot go outdoors, indoor visitation;
new text end

new text begin (8) compassionate care visitation;
new text end

new text begin (9) 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 (10) steps to be taken when a resident is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (11) steps to be taken when a resident tests positive for a SARS-CoV-2 or similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (12) protocols for emergency medical responses involving residents with SARS-CoV-2
or similar severe acute respiratory syndrome-related coronavirus infections, including
infection control procedures following the departure of ambulance service personnel or
other first responders;
new text end

new text begin (13) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (14) taking into account dementia-related concerns.
new text end

new text begin (b) A boarding care home must provide the commissioner with a copy of a severe acute
respiratory syndrome-related coronavirus response plan meeting the requirements of this
subdivision.
new text end

new text begin (c) A boarding care home must make its severe acute respiratory syndrome-related
coronavirus response plan available to staff, residents, and families of residents.
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 2022, 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 begin the resident representative attests that new text end the resident's
medical professional deleted text begin determines deleted text end new text begin determined new 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. 4.

Minnesota Statutes 2022, 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 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. 5.

Minnesota Statutes 2022, section 144.6512, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Other laws. new text end

new text begin Nothing in this section affects the rights and remedies available
under section 626.557, subdivisions 10, 17, and 20.
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. 6.

Minnesota Statutes 2022, section 144.652, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin 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, subdivision 14, 20, 22, 26, or 30.
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. 7.

Minnesota Statutes 2022, section 144A.04, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Severe acute respiratory syndrome-related coronavirus infection
control. new text end

new text begin (a) A nursing home provider must establish and maintain a comprehensive severe
acute respiratory syndrome-related coronavirus 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 or their successor versions
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 severe acute
respiratory syndrome-related coronavirus infection control plan that covers all paid and
unpaid employees, contractors, students, volunteers, residents, and visitors. The commissioner
shall provide technical assistance regarding implementation of the guidelines.
new text end

new text begin (b) The nursing home provider 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. 8.

Minnesota Statutes 2022, section 144A.04, is amended by adding a subdivision to
read:

new text begin Subd. 3d. new text end

new text begin Severe acute respiratory syndrome-related coronavirus response plan. new text end

new text begin (a)
A nursing home provider must establish, implement, and maintain a severe acute respiratory
syndrome-related coronavirus response plan. The severe acute respiratory syndrome-related
coronavirus response plan must be consistent with the requirements of subdivision 3c and
at a minimum must address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, residents, and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, residents, and visitors;
new text end

new text begin (3) separation or isolation of residents infected with SARS-CoV-2 or a similar severe
acute respiratory syndrome-related coronavirus from residents who are not;
new text end

new text begin (4) balancing the rights of residents with controlling the spread of SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (5) resident relocations, including steps to be taken to mitigate trauma for relocated
residents receiving memory care;
new text end

new text begin (6) clearly informing residents of the nursing home 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 or similar severe
acute respiratory syndromes;
new text end

new text begin (7) mitigating the effects of separation or isolation of residents, including virtual visitation,
outdoor visitation, and for residents who cannot go outdoors, indoor visitation;
new text end

new text begin (8) compassionate care visitation;
new text end

new text begin (9) 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 (10) steps to be taken when a resident is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (11) steps to be taken when a resident tests positive for a SARS-CoV-2 or similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (12) protocols for emergency medical responses involving residents with SARS-CoV-2
or similar severe acute respiratory syndrome-related coronavirus infections, including
infection control procedures following the departure of ambulance service personnel or
other first responders;
new text end

new text begin (13) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (14) taking into account dementia-related concerns.
new text end

new text begin (b) A nursing home provider must provide the commissioner with a copy of a severe
acute respiratory syndrome-related coronavirus response plan meeting the requirements of
this subdivision.
new text end

new text begin (c) A nursing home provider must make its severe acute respiratory syndrome-related
coronavirus response plan available to staff, residents, and families of residents.
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 2022, 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 permit, $400;

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

deleted text begin (9) health services executive initial license, $250;
deleted text end

deleted text begin (10) health services executive renewal license, $250;
deleted text end

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

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

deleted text begin (13) deleted text end new 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 end new text begin (12) new text end education review, $100;

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

deleted text begin (18) deleted text end new 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 end new text begin (17) new text end registration as a registered continuing education sponsor, $1,000;

deleted text begin (20) deleted text end new text begin (18) new text end mail labels, $75; and

deleted text begin (21) deleted text end new text begin (19) new text end annual assisted living program education provider fee, $2,500.

(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 the day following final enactment.
new text end

Sec. 10.

new text begin [144A.4415] PRIVATE ENFORCEMENT OF RIGHTS.
new text end

new text begin For a violation of section 144A.44, subdivision 1, paragraph (a), clause (2), (14), (19),
or (22), or 144A.4791, subdivision 11, paragraph (d), 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 EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2022, 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 control new text begin , including during a disease pandemic 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. 12.

Minnesota Statutes 2022, section 144A.4798, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Severe acute respiratory syndrome-related coronavirus infection control. new text end

new text begin (a)
A home care provider must establish and maintain a comprehensive severe acute respiratory
syndrome-related coronavirus 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 or the successor version 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 severe acute respiratory
syndrome-related coronavirus 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 home care provider 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. 13.

Minnesota Statutes 2022, section 144A.4798, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Severe acute respiratory syndrome-related coronavirus response plan. new text end

new text begin (a)
A home care provider must establish, implement, and maintain a severe acute respiratory
syndrome-related coronavirus response plan. The severe acute respiratory syndrome-related
coronavirus response plan must be consistent with the requirements of subdivision 4 and
at a minimum must address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, clients, and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors;
new text end

new text begin (3) balancing the rights of clients with controlling the spread of SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (4) 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 or similar severe acute
respiratory syndromes;
new text end

new text begin (5) steps to be taken when a client is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (6) steps to be taken when a client tests positive for SARS-CoV-2 or a similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (7) protocols for emergency medical responses involving clients with SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections, including infection
control procedures following the departure of ambulance service personnel or other first
responders;
new text end

new text begin (8) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (9) taking into account dementia-related concerns.
new text end

new text begin (b) A home care provider must provide the commissioner with a copy of a severe acute
respiratory syndrome-related coronavirus response plan meeting the requirements of this
subdivision and subdivision 6.
new text end

new text begin (c) A home care provider must make its severe acute respiratory syndrome-related
coronavirus 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. 14.

Minnesota Statutes 2022, section 144A.4798, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Disease prevention and infection control in congregate settings. new text end

new text begin (a) A home
care provider providing services to a client who resides in an assisted living facility licensed
under chapter 144G must coordinate and cooperate with the assisted living director of the
assisted living facility in which a client of the unaffiliated home care provider resides to
ensure that the home care provider meets all the requirements of this section while providing
services in these congregate settings.
new text end

new text begin (b) In addition to meeting the requirements of subdivision 5, a home care provider
providing services to a client who resides in an assisted living facility licensed under section
144G.10 must also address in the provider's severe acute respiratory syndrome-related
coronavirus response plan the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, clients, and visitors of a
congregate setting in which the home care provider provides services;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors of a congregate setting in which the home care
provider provides services;
new text end

new text begin (3) separation or isolation of clients infected with SARS-CoV-2 or a similar severe acute
respiratory syndrome-related coronavirus from clients who are not infected in a congregate
setting in which the home care provider serves clients;
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) mitigating the effects of separation or isolation of clients, including virtual visitation,
outdoor visitation, and for clients who cannot go outdoors, indoor visitation in a congregate
setting in which the home care provider serves clients;
new text end

new text begin (6) compassionate care visitation in a congregate setting in which the home care provider
serves clients;
new text end

new text begin (7) consideration of any campus model, multiple buildings on the same property, or any
mix of independent senior living units in the same building as units in which home care
services are provided;
new text end

new text begin (8) steps to be taken when a client in a congregate setting in which the home care provider
serves clients is suspected of having a SARS-CoV-2 or similar severe acute respiratory
syndrome-related coronavirus infection; and
new text end

new text begin (9) steps to be taken when a client in a congregate setting in which the home care provider
serves clients tests positive for SARS-CoV-2 or a similar severe acute respiratory
syndrome-related coronavirus infection.
new text end

new text begin (c) A home care provider providing services to a client who resides in an assisted living
facility licensed under chapter 144G must make the home care provider's severe acute
respiratory syndrome-related coronavirus response plan available to the assisted living
director of the assisted living facility in which a client of the unaffiliated home care provider
resides.
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. 15.

Minnesota Statutes 2022, 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 begin and
deleted text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2022, 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 appropriate for each licensure category to best protect the health and safety
of residents no matter their vulnerability new text begin , including staffing ratios new text end ;

(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 deleted text begin housing with services registrants and deleted text end
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 final rules by December 31, 2020.

new text begin (e) Notwithstanding section 14.125, the commissioner's authority to adopt rules authorized
in this subdivision does not expire at the end of the 18-month time limit that began on July
1, 2019.
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. 17.

Minnesota Statutes 2022, section 144G.10, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Definitions. new text end

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

new text begin (b) "Adjacent" means sharing a portion of a legal boundary.
new text end

new text begin (c) "Campus" means an assisted living facility that provides sleeping accommodations
and assisted living services operated by the same licensee in:
new text end

new text begin (1) two or more buildings, each with a separate address, located on the same property
identified by a single property identification number;
new text end

new text begin (2) a single building having two or more addresses, located on the same property,
identified by a single property identification number; or
new text end

new text begin (3) two or more buildings at different addresses, identified by different property
identification numbers, when the buildings are located on adjacent properties.
new text end

new text begin (d) "Campus' main building" means a building designated by the commissioner as the
main building of a campus and to which the commissioner may issue an assisted living
facility license for a campus.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

new text begin [144G.21] CAUSE OF ACTION.
new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2022, 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 (a) 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 (b) The facility 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 August 1, 2023.
new text end

Sec. 20.

Minnesota Statutes 2022, section 144G.42, is amended by adding a subdivision
to read:

new text begin Subd. 9c. new text end

new text begin Severe acute respiratory syndrome-related coronavirus infection
control. new text end

new text begin (a) A facility must establish and maintain a comprehensive severe acute respiratory
syndrome-related coronavirus 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 or their successor versions 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 severe acute respiratory
syndrome-related coronavirus infection control plan that covers all paid and unpaid
employees, contractors, students, volunteers, residents, and visitors. The commissioner shall
provide technical assistance regarding implementation of the guidelines.
new text end

new text begin (b) The facility 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 August 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2022, section 144G.42, is amended by adding a subdivision
to read:

new text begin Subd. 9d. new text end

new text begin Severe acute respiratory syndrome-related coronavirus response plan. new text end

new text begin (a)
A facility must establish, implement, and maintain a severe acute respiratory
syndrome-related coronavirus response plan. The severe acute respiratory syndrome-related
coronavirus response plan must be consistent with the requirements of subdivision 9c and
at a minimum must address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, clients and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors;
new text end

new text begin (3) separation or isolation of clients infected with SARS-CoV-2 or a similar severe acute
respiratory syndrome-related coronavirus from clients who are not;
new text end

new text begin (4) balancing the rights of residents with controlling the spread of SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (5) client relocations, including steps to be taken to mitigate trauma for relocated clients
receiving memory care;
new text end

new text begin (6) clearly informing clients of the facility'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 or similar severe acute respiratory
syndromes;
new text end

new text begin (7) mitigating the effects of separation or isolation of residents, including virtual visitation,
outdoor visitation, and for residents who cannot go outdoors, indoor visitation;
new text end

new text begin (8) compassionate care visitation;
new text end

new text begin (9) 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 (10) steps to be taken when a client is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (11) steps to be taken when a client tests positive for a SARS-CoV-2 or similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (12) protocols for emergency medical responses involving clients with SARS-CoV-2
or similar severe acute respiratory syndrome-related coronavirus infections, including
infection control procedures following the departure of ambulance service personnel or
other first responders;
new text end

new text begin (13) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (14) taking into account dementia-related concerns.
new text end

new text begin (b) A facility must provide the commissioner with a copy of a severe acute respiratory
syndrome-related coronavirus response plan meeting the requirements of this subdivision.
new text end

new text begin (c) A facility must make its severe acute respiratory syndrome-related coronavirus
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 August 1, 2023.
new text end

Sec. 22.

new text begin [144G.46] INFECTION CONTROL; COMMUNICABLE DISEASES.
new text end

new text begin Subdivision 1. new text end

new text begin Disease prevention and infection control. new text end

new text begin A person or entity receiving
assisted living title protection under this chapter and the person primarily responsible for
oversight and management of a facility must coordinate and cooperate with a home care
provider providing services to a client who resides in the establishment, regardless of the
home care provider's status, to ensure that the home care provider meets all the requirements
of section 144A.4798.
new text end

new text begin Subd. 2. new text end

new text begin Tuberculosis (TB) 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
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. This program must include a tuberculosis infection control plan
that covers all paid and unpaid employees, contractors, students, and volunteers. 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 may
comply with the requirements of this subdivision by participating in a comprehensive
tuberculosis infection control program of a facility.
new text end

new text begin (c) 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 Subd. 3. 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 in Minnesota Rules, parts 4605.7040, 4605.7044,
4605.7050, 4605.7075, 4605.7080, and 4605.7090.
new text end

new text begin Subd. 4. new text end

new text begin Infection control program. new text end

new text begin (a) A person or entity receiving assisted living
title protection under this chapter must establish and maintain an effective infection control
program that complies with accepted health care, medical, and nursing standards for infection
control.
new text end

new text begin (b) A person or entity receiving assisted living title protection under this chapter may
comply with the requirements of this subdivision by participating in an effective infection
control program.
new text end

new text begin Subd. 5. new text end

new text begin Severe acute respiratory syndrome-related coronavirus 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 severe acute respiratory syndrome-related coronavirus
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 or their successor versions 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 severe acute respiratory syndrome-related coronavirus 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 may
comply with the requirements of this subdivision by participating in a comprehensive severe
acute respiratory syndrome-related coronavirus infection control program of an arranged
home care provider.
new text end

new text begin (c) 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 Subd. 6. new text end

new text begin Severe acute respiratory syndrome-related coronavirus 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 severe acute respiratory syndrome-related coronavirus response
plan. The severe acute respiratory syndrome-related coronavirus response plan must be
consistent with the requirements of section 144A.4798, subdivision 3, and at a minimum
must address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, clients, and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, clients, and visitors;
new text end

new text begin (3) separation or isolation of clients infected with SARS-CoV-2 or a similar severe acute
respiratory syndrome-related coronavirus from clients who are not;
new text end

new text begin (4) balancing the rights of residents with controlling the spread of SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (5) client relocations, including steps to be taken to mitigate trauma for relocated clients
receiving memory care;
new text end

new text begin (6) 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 or similar severe acute
respiratory syndromes;
new text end

new text begin (7) mitigating the effects of separation or isolation of clients, including virtual visitation,
outdoor visitation, and for clients who cannot go outdoors, indoor visitation;
new text end

new text begin (8) compassionate care visitation;
new text end

new text begin (9) 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 (10) steps to be taken when a client is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (11) steps to be taken when a client tests positive for a SARS-CoV-2 or similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (12) protocols for emergency medical responses involving clients with SARS-CoV-2
or similar severe acute respiratory syndrome-related coronavirus infections, including
infection control procedures following the departure of ambulance service personnel or
other first responders;
new text end

new text begin (13) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (14) 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 severe acute respiratory syndrome-related
coronavirus 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 severe acute respiratory syndrome-related coronavirus response plan available to
staff, clients, and families of clients.
new text end

new text begin (d) A person or entity receiving assisted living title protection under this chapter may
comply with the requirements of this subdivision by participating in a comprehensive severe
acute respiratory syndrome-related coronavirus infection control program of an arranged
home care provider.
new text end

Sec. 23.

Minnesota Statutes 2022, 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, 2023.
new text end

Sec. 24.

Minnesota Statutes 2022, 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, 2023.
new text end

Sec. 25.

new text begin [144G.925] PRIVATE ENFORCEMENT OF RIGHTS.
new text end

new text begin (a) For a violation of section 144G.91, subdivision 6, 8, 12, or 21, 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 144G.51, 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, 2023.
new text end

Sec. 26.

Laws 2019, chapter 60, article 1, section 46, is amended to read:

Sec. 46. PRIORITIZATION OF ENFORCEMENT ACTIVITIES.

Within available appropriations to the commissioner of health for enforcement activities
for fiscal years 2020 deleted text begin and deleted text end new text begin , new text end 2021, new text begin and 2024, new text end the commissioner of health shall prioritize
enforcement activities taken under Minnesota Statutes, section 144A.442.

new text begin EFFECTIVE DATE. new text end

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

Sec. 27.

Laws 2019, chapter 60, article 5, section 2, is amended to read:

Sec. 2. COMMISSIONER OF HEALTH.

Subdivision 1.

General fund appropriation.

(a) $9,656,000 in fiscal year 2020 and
$9,416,000 in fiscal year 2021 are appropriated from the general fund to the commissioner
of health to implement regulatory activities relating to vulnerable adults and assisted living
licensure.

(b) Of the amount in paragraph (a), $7,438,000 in fiscal year 2020 and $4,302,000 in
fiscal year 2021 are for improvements to the current regulatory activities, systems, analysis,
reporting, and communications relating to regulation of vulnerable adults. The base for this
appropriation is $5,800,000 in fiscal year 2022 and $5,369,000 in fiscal year 2023.

(c) Of the amount in paragraph (a), $2,218,000 in fiscal year 2020 and $5,114,000 in
fiscal year 2021 are to establish assisted living licensure under Minnesota Statutes, deleted text begin section
144I.01 deleted text end new text begin sections 144G.08 to 144G.9999. The fiscal year 2021 appropriation is available
until June 30, 2023 new text end . This is a onetime appropriation.

Subd. 2.

State government special revenue fund appropriation.

$1,103,000 in fiscal
year 2020 and $1,103,000 in fiscal year 2021 are appropriated from the state government
special revenue fund to improve the frequency of home care provider inspections and to
implement assisted living licensure activities under Minnesota Statutes, deleted text begin section 144I.01 deleted text end new text begin
sections 144G.08 to 144G.9999 new text end . The base for this appropriation is $8,131,000 in fiscal year
2022 and $8,339,000 in fiscal year 2023.

Subd. 3.

Transfer.

The commissioner shall transfer fine revenue previously deposited
to the state government special revenue fund under Minnesota Statutes, section 144A.474,
subdivision 11, estimated to be $632,000 to a dedicated special revenue account in the state
treasury established for the purposes of implementing the recommendations of the Home
Care Advisory Council under Minnesota Statutes, section 144A.4799.

new text begin EFFECTIVE DATE. new text end

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

Sec. 28. new text begin LONG-TERM CARE SEVERE ACUTE RESPIRATORY
SYNDROME-RELATED CORONAVIRUS 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 Severe Acute Respiratory
Syndrome-Related Coronavirus 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 the Minnesota
Medical Association;
new text end

new text begin (6) two medical doctors board-certified in geriatric medicine, appointed by the Minnesota
Network of Hospice and Palliative Care;
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 the Minnesota Chapter of the American
Assisted Living Nurses Association;
new text end

new text begin (8) two licensed practical nurses who provide care in a nursing home or assisted living
services, appointed by the Minnesota Chapter of the American Assisted Living Nurses
Association;
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 the Minnesota Home Care
Association;
new text end

new text begin (10) one personal care assistant who provides care in a nursing home or a facility in
which assisted living services are provided;
new text end

new text begin (11) one medical director of a licensed nursing home, appointed by the Minnesota
Association of Geriatrics Inspired Clinicians;
new text end

new text begin (12) one medical director of a licensed hospice provider, appointed by the Minnesota
Association of Geriatrics Inspired Clinicians;
new text end

new text begin (13) one licensed nursing home administrator, appointed by the Minnesota Board of
Executives for Long Term Services and Supports;
new text end

new text begin (14) one licensed assisted living director, appointed by the Minnesota Board of Executives
for Long Term Services and Support;
new text end

new text begin (15) two representatives of organizations representing long-term care providers, one
appointed by LeadingAge Minnesota and one appointed by Care Providers of Minnesota;
new text end

new text begin (16) 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 the Minnesota HomeCare Association;
new text end

new text begin (17) two representatives of an organization representing clients or families of clients
receiving assisted living services or residents or families of residents of nursing homes, one
appointed by Elder Voices Family Advocates and one appointed by AARP Minnesota;
new text end

new text begin (18) one representative of an organization representing clients and residents living with
dementia, appointed by the Minnesota-North Dakota Chapter of the Alzheimer's Association;
new text end

new text begin (19) one representative of an organization representing people experiencing maltreatment,
appointed by the Minnesota Elder Justice Center;
new text end

new text begin (20) one attorney specializing in housing law, appointed by Mid-Minnesota Legal Aid,
Southern Minnesota Regional Legal Services;
new text end

new text begin (21) one attorney specializing in elder law or disability benefits law, appointed by the
Governing Council of the Elder Law Section of the Minnesota State Bar Association;
new text end

new text begin (22) one chaplain in a long-term care setting, appointed by the Association of Professional
Chaplains (Minnesota);
new text end

new text begin (23) the commissioner of human services or a designee, who shall be an ex officio
nonvoting member;
new text end

new text begin (24) the commissioner of health or a designee, who shall be an ex officio nonvoting
member; and
new text end

new text begin (25) 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 Severe
Acute Respiratory Syndrome-Related Coronavirus Task Force by January 1, 2022.
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 Severe Acute Respiratory Syndrome-Related
Coronavirus 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
or similar severe acute respiratory syndrome-related coronavirus infections and COVID-19
disease or similar severe acute respiratory syndromes, 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 a peacetime emergency related to a severe acute
respiratory syndrome-related coronavirus or severe acute respiratory syndromes. Goals of
the task force are to minimize the number of deaths in long-term care facilities resulting
from COVID-19 disease or similar severe acute respiratory syndromes and to alleviate
isolation. 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 or similar severe acute
respiratory syndrome-related coronavirus 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 or similar severe acute respiratory
syndrome-related coronavirus infections from those clients and residents who are neither
suspected or confirmed to have active SARS-CoV-2 or similar severe acute respiratory
syndrome-related coronavirus infections;
new text end

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

new text begin (4) how to create 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 disease or similar severe acute respiratory syndromes to prevent them from
acquiring COVID-19 disease or similar severe acute respiratory syndromes;
new text end

new text begin (5) how to create 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
or a similar severe acute respiratory syndrome-related coronavirus; 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 or similar severe acute respiratory
syndromes.
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 elect by majority vote
an author of each advisory opinion. 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, 2024, 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 of health or a designee must convene
the first meeting of the Long-Term Care Severe Acute Respiratory Syndrome-Related
Coronavirus Task Force by August 1, 2023. At the first meeting, the task force shall elect
a chair by a majority vote of those members present. The chair has authority to convene
additional meetings as needed.
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 3.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin This section expires one year after the 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 the day following final enactment.
new text end

Sec. 29. new text begin DIRECTION 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. 30. new text begin DIRECTION TO THE COMMISSIONER OF HEALTH; CONTROLLING
SEVERE ACUTE RESPIRATORY SYNDROME-RELATED CORONAVIRUS IN
LONG-TERM CARE SETTINGS.
new text end

new text begin Subdivision 1. new text end

new text begin State plan for combating severe acute respiratory syndrome-related
coronavirus. new text end

new text begin (a) The commissioner of health shall create a state plan for combating the
spread of SARS-CoV-2 or similar severe acute respiratory syndrome-related coronavirus
infections and COVID-19 disease or similar severe acute respiratory syndromes among
residents of long-term care settings. For the purposes of this section, "long-term care setting"
or "setting" means: (1) an assisted living facility licensed under Minnesota Statutes, chapter
144G; (2) a nursing home licensed under Minnesota Statutes, chapter 144A; (3) a boarding
care home licensed under Minnesota Statutes, sections 144.50 to 144.58; or (4) independent
senior living. For the purposes of this section, "resident" means any individual residing in
a long-term care setting. The commissioner must consult with the Long-Term Care Severe
Acute Respiratory Syndrome-Related Coronavirus Task Force regarding the creation of
and modifications or amendments to the state plan.
new text end

new text begin (b) In the plan, the commissioner of health must provide long-term care settings with
guidance on alleviating isolation of residents who are not suspected or known to have an
active SARS-CoV-2 or similar severe acute respiratory syndrome-related coronavirus
infection or COVID-19 disease or similar severe acute respiratory syndromes, 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 (c) In the state plan, the commissioner must at a minimum address the following:
new text end

new text begin (1) baseline and serial severe acute respiratory syndrome-related coronavirus testing of
all paid and unpaid employees, contractors, students, volunteers, residents, and visitors;
new text end

new text begin (2) use of personal protective equipment by all paid and unpaid employees, contractors,
students, volunteers, residents, and visitors;
new text end

new text begin (3) separation or isolation of residents infected with SARS-CoV-2 or a similar severe
acute respiratory syndrome-related coronavirus from residents who are not;
new text end

new text begin (4) balancing the rights of residents with controlling the spread of SARS-CoV-2 or
similar severe acute respiratory syndrome-related coronavirus infections;
new text end

new text begin (5) resident relocations, including steps to be taken to mitigate trauma for relocated
residents receiving memory care;
new text end

new text begin (6) clearly informing residents of the setting'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 or similar severe acute respiratory
syndromes;
new text end

new text begin (7) mitigating the effects of separation or isolation of residents, including virtual visitation,
outdoor visitation, and for residents who cannot go outdoors, indoor visitation;
new text end

new text begin (8) compassionate care visitation;
new text end

new text begin (9) 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 (10) steps to be taken when a resident is suspected of having a SARS-CoV-2 or similar
severe acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (11) steps to be taken when a resident tests positive for a SARS-CoV-2 or similar severe
acute respiratory syndrome-related coronavirus infection;
new text end

new text begin (12) protocols for emergency medical responses involving residents with SARS-CoV-2
or similar severe acute respiratory syndrome-related coronavirus infections, including
infection control procedures following the departure of ambulance service personnel or
other first responders;
new text end

new text begin (13) notifying the commissioner when staffing levels are critically low; and
new text end

new text begin (14) taking into account dementia-related concerns.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement of disease prevention and infection control requirements
during the pandemic. new text end

new text begin The commissioner of health shall develop protocols to ensure during
the pandemic safe and timely surveys of licensed providers and facilities providing service
in a long-term care setting for compliance with all applicable disease prevention and infection
control requirements.
new text end

new text begin Subd. 3. new text end

new text begin Maltreatment investigations during the pandemic. new text end

new text begin The commissioner of
health shall develop protocols to ensure during the pandemic that there are safe and timely
investigations of maltreatment complaints involving residents.
new text end

new text begin Subd. 4. new text end

new text begin Personal protective equipment. new text end

new text begin The commissioner shall develop policies and
procedures to ensure that long-term care settings are given priority access to personal
protective equipment similar to the priority granted to hospitals.
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. 31. new text begin LONG-TERM CARE COVID-19-RELATED TESTING PROGRAMS.
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) "Allowable costs" means costs associated with COVID-19-related testing services
incurred by a facility while implementing a COVID-19 testing program, provided the testing
products used have received Emergency Use Authorization under section 564 of the federal
Food, Drug, and Cosmetic Act.
new text end

new text begin (c) "COVID-19-related testing services" means any diagnostic product available for the
detection of SARS-CoV-2 or the diagnosis of COVID-19; any product available to determine
whether a person has developed a detectable antibody response to SARS-CoV-2 or had
COVID-19 in the past; specimen collection; specimen transportation; specimen testing; and
any associated services from a health care professional, clinic, or laboratory.
new text end

new text begin (d) "Facility" means a nursing home licensed under Minnesota Statutes, section 144A.02;
a boarding care home licensed under Minnesota Statutes, sections 144.50 to 144.58; an
assisted living facility licensed under Minnesota Statutes, chapter 144G; and independent
senior living settings.
new text end

new text begin (e) "Public health care program" means medical assistance under Minnesota Statutes,
chapter 256B, and Laws 2020, chapter 74, article 1, section 12; MinnesotaCare; Medicare;
and medical assistance for uninsured individuals under Laws 2020, chapter 74, article 1,
section 11.
new text end

new text begin (f) "Serial COVID-19 testing" means repeat testing for SARS-CoV-2 infections no more
than three days after baseline testing and periodically thereafter.
new text end

new text begin Subd. 2. new text end

new text begin Testing program required. new text end

new text begin (a) Each facility shall establish, implement, and
maintain a comprehensive COVID-19 infection control program according to the most
current SARS-CoV-2 testing guidance for nursing homes released by the United States
Centers for Disease Control and Prevention (CDC). A comprehensive COVID-19 infection
control program must include a COVID-19 testing program that requires baseline and serial
COVID-19 testing of all residents, staff, visitors, and others entering the facility. All staff
considered health care workers under the facility's tuberculosis screening program must be
included in the facility's COVID-19 testing program. The commissioner of health shall
provide technical assistance regarding implementation of the CDC guidance.
new text end

new text begin (b) The commissioner may impose a fine not to exceed $1,000 on a facility that does
not implement and maintain a testing program as required under this section. A facility may
appeal an imposed fine under the contested case procedure in Minnesota Statutes, section
144A.475, subdivisions 3a, 4, and 7. Fines collected under this section shall be deposited
in the state treasury and credited to the state government special revenue fund. Continued
noncompliance with the requirements of this section may result in revocation or nonrenewal
of facilities' license or registration. The commissioner shall make public the list of all
facilities that are not in compliance with this section.
new text end

new text begin Subd. 3. new text end

new text begin Baseline testing grants. new text end

new text begin Within the limits of money specifically appropriated
to the commissioner of human services under section 33, paragraph (a), the commissioner
of human services shall make COVID-19 baseline screening grants to any facility that has
not completed COVID-19 baseline testing. The commissioner shall determine the amount
of each baseline screening grant, and shall award a grant only if funds are not otherwise
available.
new text end

new text begin Subd. 4. new text end

new text begin Serial screening reimbursement. new text end

new text begin (a) Within the limits of money specifically
appropriated to the commissioner of human services under section 33, paragraph (b), the
commissioner of human services shall reimburse each facility for the allowable costs of
eligible COVID-19-related screening services that a facility cannot otherwise afford upon
submission by a facility of a COVID-19-related testing services cost report.
new text end

new text begin (b) The commissioner of human services shall develop a COVID-19-related testing
services cost report.
new text end

new text begin (c) A facility may submit a COVID-19-related testing services cost report once per
month. If the commissioner of human services determines that a facility is in financial crisis,
the facility may submit a cost report once every two weeks.
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. 32. new text begin CONSUMER 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) "Appropriate service provider" means an assisted living facility or home care provider
that can adequately provide to a client the services agreed to in the service agreement.
new text end

new text begin (c) "Client" means a resident who receives assisted living that is subject to Minnesota
Statutes, chapter 144G.
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 an assisted living facility licensed under Minnesota Statutes, chapter
144G.
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; meeting. new text end

new text begin (a) A facility must schedule and
participate in a meeting with the client and the client representative before a notice of
termination of services is issued.
new text end

new text begin (b) A facility must schedule and participate in a meeting with the client and client
representative before the facility issues a termination of housing.
new text end

new text begin (c) 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; and
new text end

new text begin (2) identify and offer reasonable accommodations or modifications, interventions, or
alternatives to avoid the termination 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 (d) The meeting required under paragraph (a) must be scheduled to take place at least
seven days before a notice of termination is issued. The facility or arranged home care
provider, as applicable, 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 Subd. 3. new text end

new text begin Pretermination meeting; notice. new text end

new text begin (a) The facility must provide written notice
of the meeting to the client and the client's representative at least five business days in
advance.
new text end

new text begin (b) For a client who receives home and community-based waiver services under
Minnesota Statutes, section 256B.49, and chapter 256S, the facility must provide written
notice of the meeting to the client's case manager at least five business days in advance.
new text end

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

new text begin (d) The written notice under paragraphs (a) and (b) must include:
new text end

new text begin (1) the time, date, and location of the meeting;
new text end

new text begin (2) a detailed explanation of the reasons for the proposed termination;
new text end

new text begin (3) a list of facility representatives who will attend the meeting;
new text end

new text begin (4) an explanation that the client may invite family members, representatives, health
professionals, and other individuals to participate in the meeting;
new text end

new text begin (5) contact information for the Office of Ombudsman for Long-Term Care and the Office
of Ombudsman for Mental Health and Developmental Disabilities with a statement that the
ombudsman offices provide advocacy services to clients;
new text end

new text begin (6) the name and contact information of an individual at the facility whom the client
may contact about the meeting or to request an accommodation;
new text end

new text begin (7) notice that attendees may request reasonable accommodations if the client has a
communication disability or speaks a language other than English;
new text end

new text begin (8) notice that if the client's housing or services are terminated, the client has the right
to appeal under subdivision 10; and
new text end

new text begin (9) notice that the client may invite family members, 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 chapter 256S, the facility must notify the
client's case manager of the meeting.
new text end

new text begin (e) The facility must provide written notice to the client, the client's representative, and
the client's case manager of any change to the date, time, or location of the pretermination
meeting.
new text end

new text begin Subd. 4. new text end

new text begin Pretermination meeting requirements; identifying and offering
accommodations, modifications, and alternatives. new text end

new text begin (a) At the meeting described in
subdivision 2, the facility must:
new text end

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

new text begin (2) collaborate with the client and the client's representative, case manager, and any
other individual invited by the client, to identify and offer any potential reasonable
accommodations, modifications, interventions, or alternatives that can address the issue
identified in clause (1).
new text end

new text begin (b) Within 24 hours after the conclusion of the meeting, the facility must provide the
client with a written summary of the meeting, including any agreements reached about any
accommodation, modification, intervention, or alternative that will be used to avoid
termination.
new text end

new text begin Subd. 5. new text end

new text begin Emergency-relocation notice. new text end

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

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

new text begin (1) the reason for the relocation;
new text end

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

new text begin (3) the contact information for the Office of Ombudsman for Long-Term Care;
new text end

new text begin (4) if known and applicable, the approximate date or ranges of dates within which the
client is expected to return to the facility, or a statement that a return date is not currently
known; and
new text end

new text begin (5) a statement that, if the facility refuses to provide either housing or services after a
relocation, the client has a right to appeal under subdivision 10. The facility must provide
contact information for the agency to which the resident may submit an appeal.
new text end

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

new text begin (1) the client and the client's representative;
new text end

new text begin (2) for residents who receive home and community-based waiver services under
Minnesota Statutes, section 256B.49, and chapter 256S, the client's case manager; and
new text end

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

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

new text begin (e) When an emergency relocation triggers the termination process and an in-person
meeting is impractical or impossible, the facility may use telephonic, video, or other
electronic format.
new text end

new text begin (f) If the meeting is held through telephone, video, or other electronic format, the facility
must ensure that the client, the client's representative, and any case manager or representative
of an ombudsman's office are able to participate in the meeting. The facility must make
reasonable efforts to ensure that any person the client invites to the meeting is able to
participate.
new text end

new text begin (g) The facility must issue the notice in this subdivision at least 24 hours in advance of
the meeting. The notice must include detailed instructions on how to access the means of
communication for the meeting.
new text end

new text begin (h) If notice to the ombudsman is required under paragraph (c), clause (3), the facility
must provide the notice no later than 24 hours after the notice requirement is triggered.
new text end

new text begin Subd. 6. new text end

new text begin Restrictions on housing terminations. new text end

new text begin (a) A facility may not terminate housing
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 housing
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 housing 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 housing 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 the staff of the facility; 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. 7. new text end

new text begin Restrictions on terminations of services. new text end

new text begin (a) A facility may not terminate
services 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, a facility 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, a facility may terminate services 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 facility; or
new text end

new text begin (3) extraordinary circumstances exist, causing the facility 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. 8. new text end

new text begin Notice of termination required. new text end

new text begin (a) A facility must issue a written notice of
termination according to this subdivision. The facility must send a copy of the termination
notice to the Office of Ombudsman for Long-Term Care and, for residents who receive
home and community-based services under Minnesota Statutes, section 256B.49, and chapter
256S, to the client's case manager, as soon as practicable after providing notice to the client.
A facility may terminate housing, services, or both, only as permitted under this subdivision
and subdivision 9.
new text end

new text begin (b) A facility terminating housing under subdivision 6, paragraph (b), must provide a
written termination notice at least 30 days before the effective date of the termination to the
client and the client's representative.
new text end

new text begin (c) A facility terminating housing under subdivision 6, paragraph (c), must provide a
written termination notice at least 15 days before the effective date of the termination to the
client and the client's representative.
new text end

new text begin (d) A facility terminating services under subdivision 7, paragraph (b), must provide a
written termination notice at least 30 days before the effective date of the termination to the
client and the client's representative.
new text end

new text begin (e) A facility terminating services under subdivision 7, paragraph (c), must provide a
written termination notice at least 15 days before the effective date of the termination to the
client and the client's representative.
new text end

new text begin (f) If a resident moves out of a facility or cancels services received from the facility,
nothing in this section prohibits the facility from enforcing against the client any notice
periods with which the client must comply under the lease or the service agreement.
new text end

new text begin Subd. 9. new text end

new text begin Contents of notice of termination. new text end

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

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

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

new text begin (3) a detailed explanation of the conditions under which a new or amended lease or
service agreement may be executed;
new text end

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

new text begin (5) a statement that the facility must participate in a coordinated move as described in
this section;
new text end

new text begin (6) the name and contact information of the person employed by the facility with whom
the client may discuss the termination;
new text end

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

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

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

new text begin (b) A facility must provide written notice of the client's termination of housing or services,
respectively, in person or by first-class mail. Service of the notice must be proved by affidavit
of the person making it.
new text end

new text begin (c) If sent by mail, the facility must mail the notice to the client's last known address.
new text end

new text begin (d) A facility providing a notice to the ombudsman of a client's termination of housing
or services must provide the ombudsman with a copy of the written notice that is provided
to the client. The facility must provide notice to the ombudsman as soon as practicable, but
in any event no later than two business days after notice is provided to the client. The notice
must include a telephone number for the client, or, if the client does not have a telephone
number, the telephone number of the client's representative or case manager.
new text end

new text begin Subd. 10. new text end

new text begin Right to appeal and permissible grounds to appeal termination. new text end

new text begin (a) A
client has the right to appeal the termination of housing or services termination.
new text end

new text begin (b) A client may appeal a termination initiated under subdivisions 6 and 7 on the ground
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 clients or staff of the facility;
new text end

new text begin (3) the client has corrected or demonstrated the ability to correct 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 housing, services, or both, in violation of state or federal
law.
new text end

new text begin (c) Upon receipt of written notice of termination, a client has 30 calendar days to appeal
the termination.
new text end

new text begin Subd. 11. new text end

new text begin Appeal process. new text end

new text begin (a) The Office of Administrative Hearings must conduct an
expedited hearing no later than practicable under this section, but no 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) In a process to be determined by the commissioner, the client shall contact the
commissioner to request an appeal of the termination within 30 days of written receipt of
the termination notice, which will be timely scheduled with the Office of Administrative
Hearings.
new text end

new text begin (c) The hearing must be held at the facility where the client 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 remote means.
new text end

new text begin (d) The hearing is not a formal contested case proceeding, except when determined
necessary by the chief administrative law judge. If the chief administrative law judge
determines that the hearing shall proceed as a formal contested case proceeding, the hearing
shall be held according to the Minnesota Revenue Recapture Act, Minnesota Rules, parts
1400.8505 to 1400.8612.
new text end

new text begin (e) The administrative law judge shall make a transcript of the hearing.
new text end

new text begin (f) The informal hearing will allow the client to provide an opportunity to present written
or oral objections or defenses to the termination.
new text end

new text begin (g) If either party is represented by an attorney, the administrative law judge shall
emphasize the informality of the hearing.
new text end

new text begin (h) If the client is unable to represent themselves at the hearing, the resident may present
the client's appeal to the administrative law judge on the client's behalf.
new text end

new text begin (i) Parties may be, 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 (j) 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 12.
new text end

new text begin (k) 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 12.
new text end

new text begin (l) 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 final decision as soon as practicable, but no later than ten business days after
the hearing.
new text end

new text begin (m) The administrative law judge's decision 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 (n) The client's termination must be rescinded if the client prevails in the appeal.
new text end

new text begin (o) The facility or client may appeal the administrative law judge's decision to the
Minnesota Court of Appeals.
new text end

new text begin Subd. 12. new text end

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

new text begin A termination of housing or services
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 home care provider
licensed under Minnesota Statutes, chapter 144A, and for ensuring the costs for those
additional services are covered.
new text end

new text begin Subd. 13. new text end

new text begin Application of 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 that has
occurred and been upheld under this section.
new text end

new text begin Subd. 14. 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 this section;
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 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. 15. 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. 16. new text end

new text begin Coordinated moves. new text end

new text begin (a) A facility 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; or
new text end

new text begin (2) a facility 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 must:
new text end

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

new text begin (2) ensure a coordinated move to an appropriate service provider, 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's representative; the case manager
for a client who receives home and community-based waiver services under Minnesota
Statutes, section 256B.49, and 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) The requirements in paragraph (b), clauses (1) and (2), may be satisfied 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, and may choose instead to move to a location of the client's choosing
or to receive services from a service provider of the client's choosing.
new text end

new text begin (e) Sixty days before one or more services are reduced or eliminated for a particular
client, the provider must provide written notice of the reduction or elimination. If the facility,
client, or client's 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 must prepare a client-relocation evaluation and client-relocation plan as
described in this section 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's 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. 17. new text end

new text begin Client-relocation evaluation. new text end

new text begin If the client plans to move out of the facility
due to termination of housing or services, or nonrenewal of housing, the facility must work
in coordination to prepare a written client-relocation evaluation. The evaluation must include:
new text end

new text begin (a) the client's current service plan;
new text end

new text begin (b) a list of safe and appropriate housing and service providers that are in reasonable in
close proximity to the facility and are able to accept a new client; and
new text end

new text begin (c) the client's needs and choices.
new text end

new text begin Subd. 18. new text end

new text begin Client-relocation plan. new text end

new text begin (a) The facility must hold a planning conference to
develop a relocation plan with the client, the client's representative and case manager, if
any, and other individuals invited by the client.
new text end

new text begin (b) The client-relocation plan must accommodate the client-relocation evaluation
developed in subdivision 17.
new text end

new text begin (c) The client-relocation plan must include:
new text end

new text begin (1) the date and time that the client will move;
new text end

new text begin (2) how the client and the client's personal property, including pets, will be transported
to the new housing provider;
new text end

new text begin (3) how the facility will care for and store the client's belongings;
new text end

new text begin (4) recommendations to assist the client to adjust to the new living environment;
new text end

new text begin (5) recommendations for addressing the stress that a client with dementia may experience
when moving to a new living environment, if applicable;
new text end

new text begin (6) recommendations for ensuring the safe and proper transfer of the client's medications
and durable medical equipment;
new text end

new text begin (7) arrangements that have been made for the client's follow-up care and meals;
new text end

new text begin (8) a plan for transferring and reconnecting telephone and Internet services; and
new text end

new text begin (9) the party responsible for paying moving expenses and how the expenses will be paid.
new text end

new text begin (d) The facility must implement the relocation plan and comply with the coordinated
move requirements in this section.
new text end

new text begin Subd. 19. new text end

new text begin Providing client-relocation information to new provider. new text end

new text begin With the client's
consent, the facility must provide the following information in writing to the client's receiving
facility or other service provider:
new text end

new text begin (1) the name and address of the facility, the dates of the client's admission and discharge,
and the name and address of a person at the facility to contact for additional information;
new text end

new text begin (2) the client's most recent service plan, if the client has received services from the
facility; and
new text end

new text begin (3) the client's currently active "do not resuscitate" order and "physician order for life
sustaining treatment," if any.
new text end

new text begin Subd. 20. new text end

new text begin Client discharge summary. new text end

new text begin At the time of discharge, the facility must provide
the client, and, with the client's consent, the client's representative and case manager, if
applicable, with a written discharge summary that includes:
new text end

new text begin (1) a summary of the client's stay that includes diagnoses, courses of illnesses, treatments,
and therapies, and pertinent lab, radiology, and consultation results;
new text end

new text begin (2) a final summary of the client's status from the latest assessment or review under
Minnesota Statutes, section 144A.4791, if applicable;
new text end

new text begin (3) reconciliation of all predischarge medications with the client's postdischarge
prescribed and over-the-counter medications; and
new text end

new text begin (4) postdischarge care plan that is developed with the client and, with the client's consent,
the client's representative, which will help the client adjust to a new living environment.
The postdischarge care plan must indicate where the client plans to reside, any arrangements
that have been made for the client's follow-up care, and any post-discharge medical and
non-medical services the client will need.
new text end

new text begin Subd. 21. new text end

new text begin Services pending appeal. new text end

new text begin If a client needs additional services during a pending
termination appeal, the facility must contact and inform the client's case manager, if
applicable, of the client's responsibility to contract and ensure payment for those services.
new text end

new text begin Subd. 22. new text end

new text begin Client assessment. new text end

new text begin If a facility seeks to terminate a client's services on the
basis of subdivision 7, paragraph (c), clause (2), the provider must give the assessment that
forms the basis of the termination to the client and include the name and contact information
of any medical professionals who performed the assessment.
new text end

new text begin Subd. 23. new text end

new text begin Appealing on behalf of client. new text end

new text begin A client may appeal the termination directly
or through an individual acting on the client's behalf.
new text end

new text begin Subd. 24. new text end

new text begin No waiver. new text end

new text begin No facility 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. 25. new text end

new text begin Assisted living bill of rights. new text end

new text begin Assisted living clients shall be provided with
the home care bill of rights in Minnesota Statutes, section 144A.44, except that for assisted
living clients the provision in Minnesota Statutes, section 144A.44, subdivision 1, paragraph
(a), clause (17), does not apply and instead assisted living clients must be advised they have
the right to reasonable, advance notice of changes in services or charges.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for contracts entered into on or after the
date of enactment for this section and expires July 31, 2024.
new text end

Sec. 33. new text begin APPROPRIATION; COVID-19 SCREENING PROGRAM.
new text end

new text begin (a) $....... in fiscal year 2024 is appropriated from the coronavirus relief fund to the
commissioner of human services for COVID-19 baseline screening grants under section 1.
This is a onetime appropriation.
new text end

new text begin (b) $....... in fiscal year 2024 is appropriated from the coronavirus relief fund to the
commissioner of human services for cost-based reimbursement for COVID-19 serial
screening under section 1. This is a onetime appropriation.
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. 34. new text begin APPROPRIATION; BOARD OF EXECUTIVES FOR LONG TERM
SERVICES AND SUPPORTS.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the state
government special revenue fund to the Board of Executives for Long Term Services and
Supports for operations and is effective the day following final enactment. The base for this
appropriation is $....... in fiscal year 2026 and $....... in fiscal year 2027.
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