SF 3277

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/19/2023 08:35am

A bill for an act
relating to health; establishing a temporary hold on assessing fines against assisted
living facilities; requiring repayment of certain fines assessed against assisted
living facilities.

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

Section 1. new text begin TEMPORARY HOLD ON ASSESSMENT OF FINES AGAINST
ASSISTED LIVING FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "assisted living facility" means
a facility licensed under Minnesota Statutes, chapter 144G.
new text end

new text begin Subd. 2. new text end

new text begin Temporary hold on fines. new text end

new text begin Beginning on the effective date of this section
through December 31, 2023, the commissioner of health and the Office of Health Facility
Complaints shall not assess or collect from an assisted living facility monetary or civil
penalties, administrative or civil fines, penalty amounts to recover the cost of enforcement,
or other fines authorized in state law for noncompliance with a correction order; for
noncompliance with state law, including a violation identified in a state survey or
investigation; for noncompliance with a request for information; for failing to pay the correct
fee amount or failing to pay an initial fine; or, to the extent authorized by federal law, for
noncompliance with federal law.
new text end

new text begin Subd. 3. new text end

new text begin Return of fines and penalties paid. new text end

new text begin No later than September 1, 2023, the
commissioner of health shall repay to an assisted living facility any monetary penalties or
fines described in subdivision 2 that were paid by the assisted living facility to the
commissioner or Office of Health Facility Complaints after December 31, 2020, and through
the effective date of this section. A facility that receives a repayment under this subdivision
shall, to the extent possible, use the amount repaid to remedy the issue that led to the
assessment of the fine or penalty and promote positive outcomes for assisted living facility
residents.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to penalties or fines due on or after that date.
new text end