1.1                          A bill for an act 
  1.2             relating to housing; providing for registration of 
  1.3             housing with services primarily for persons 55 years 
  1.4             of age or older; amending Minnesota Statutes 1994, 
  1.5             sections 144A.46, subdivision 1; and 144B.01, 
  1.6             subdivision 5; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 144A; proposing coding for 
  1.8             new law as Minnesota Statutes, chapter 144D. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 144A.46, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [LICENSE REQUIRED.] (a) A home care 
  1.13  provider may not operate in the state without a current license 
  1.14  issued by the commissioner of health.  A home care provider may 
  1.15  hold one or more separate licenses for each class of home care 
  1.16  licenses established by rule or otherwise. 
  1.17     (b) Within ten days after receiving an application for a 
  1.18  license, the commissioner shall acknowledge receipt of the 
  1.19  application in writing.  The acknowledgment must indicate 
  1.20  whether the application appears to be complete or whether 
  1.21  additional information is required before the application will 
  1.22  be considered complete.  Within 90 days after receiving a 
  1.23  complete application, the commissioner shall either grant or 
  1.24  deny the license.  If an applicant is not granted or denied a 
  1.25  license within 90 days after submitting a complete application, 
  1.26  the license must be deemed granted.  An applicant whose license 
  1.27  has been deemed granted must provide written notice to the 
  2.1   commissioner before providing a home care service. 
  2.2      (c) Each application for a home care provider license, or 
  2.3   for a renewal of a license, shall be accompanied by a fee to be 
  2.4   set by the commissioner under section 144.122. 
  2.5      Sec. 2.  [144A.485] [ELDERLY HOUSING WITH SERVICES PROGRAM, 
  2.6   CLASS F HOME CARE PROVIDER.] 
  2.7      (a) For purposes of this section, the following terms have 
  2.8   the meanings given them: 
  2.9      (1) "elderly housing with services program, class F home 
  2.10  care provider" means a home care provider providing registered 
  2.11  nursing services and housing services aide services in an 
  2.12  elderly housing with services establishment as defined in 
  2.13  chapter 144D; 
  2.14     (2) "housing services aide" means a natural person who 
  2.15  provides housing services aide services in an elderly housing 
  2.16  with services establishment; and 
  2.17     (3) "housing services aide services" means performing tasks 
  2.18  defined as home health aide or home care aide tasks in Minnesota 
  2.19  Rules, parts 4668.0100 and 4668.0110, for residents of an 
  2.20  elderly housing with services establishment. 
  2.21     (b) A home care provider licensure category entitled 
  2.22  elderly housing with services program, class F home care 
  2.23  provider is established.  A home care provider operating an 
  2.24  elderly housing with services program may obtain a class F 
  2.25  license if the program meets the following requirements: 
  2.26     (1) it provides registered nursing services and housing 
  2.27  services aide services solely to residents of one or more 
  2.28  elderly housing with services establishments; 
  2.29     (2) housing services aides are qualified to perform those 
  2.30  home health aide or home care aide tasks which the elderly 
  2.31  housing with services establishment offers to its residents.  
  2.32  Qualification may be established in accordance with Minnesota 
  2.33  Rules, parts 4668.0100, 4668.0110, and 4668.0130.  Qualification 
  2.34  may also be established by training of the housing services 
  2.35  aides by a registered nurse on the site of the elderly housing 
  2.36  with services establishment, utilizing the curriculum otherwise 
  3.1   approved and utilizing the competency evaluations set forth in 
  3.2   Minnesota Rules, part 4668.0130, subpart 3, for the home health 
  3.3   aide or home care aide tasks to be performed.  If a housing 
  3.4   services aide is trained on site, the housing services aide may 
  3.5   not perform housing services aide tasks on another site without 
  3.6   being trained and evaluated at the new site.  All housing 
  3.7   services aides shall be trained and their competency evaluated 
  3.8   on at least the topics set forth in Minnesota Rules, part 
  3.9   4668.0130, subpart 2, items A to D and G to L, and on any other 
  3.10  task to be performed for residents of the elderly housing with 
  3.11  services establishment; 
  3.12     (3) periodic supervision of housing services aides is 
  3.13  provided as set forth in Minnesota Rules, part 4668.0100, 
  3.14  subpart 9, except that the schedule of supervision or monitoring 
  3.15  shall be no less often than every 60 days, or more frequently if 
  3.16  indicated by a clinical assessment rather than the schedule set 
  3.17  forth in Minnesota Rules, part 4668.0100, subpart 9, items A to 
  3.18  C; 
  3.19     (4) client records under Minnesota Rules, part 4668.0160, 
  3.20  subpart 6, item D, include notes summarizing each day with the 
  3.21  resident of an elderly housing with services establishment 
  3.22  signed by the staff providing services and entered into the 
  3.23  record no later than two weeks after the contact; 
  3.24     (5) medication and treatment orders are renewed at least 
  3.25  every six months; 
  3.26     (6) medications for residents of an elderly housing with 
  3.27  services establishment may be stored in a central location; and 
  3.28     (7) in other respects it meets the requirements for class A 
  3.29  home care licensure set forth in Minnesota Rules, chapter 4668. 
  3.30     (c) A class A home care provider may operate housing with 
  3.31  services program under the standards in paragraph (b) without 
  3.32  obtaining a class F license. 
  3.33     (d) The commissioner shall charge an annual licensure fee 
  3.34  for an elderly housing with services, class F home care provider 
  3.35  of $500. 
  3.36     Sec. 3.  Minnesota Statutes 1994, section 144B.01, 
  4.1   subdivision 5, is amended to read: 
  4.2      Subd. 5.  [RESIDENTIAL CARE HOME OR HOME.] "Residential 
  4.3   care home" or "home" means an establishment with a minimum of 
  4.4   five beds, where adult residents are provided sleeping 
  4.5   accommodations and three or more meals per day and where at 
  4.6   least two or more supportive services or at least one 
  4.7   health-related service are provided or offered to all residents 
  4.8   by the home.  A residential care home is not required to offer 
  4.9   every supportive or health-related service.  A "residential care 
  4.10  home" does not include: 
  4.11     (1) a board and lodging establishment licensed under 
  4.12  chapter 157 and the provisions of Minnesota Rules, parts 
  4.13  9530.4100 to 9530.4450; 
  4.14     (2) a boarding care home or a supervised living facility 
  4.15  licensed under chapter 144; 
  4.16     (3) a home care provider licensed under chapter 144A; 
  4.17     (4) any housing arrangement which consists of apartments 
  4.18  containing a separate kitchen or kitchen equipment that will 
  4.19  allow residents to prepare meals and where supportive services 
  4.20  may be provided, on an individual basis, to residents in their 
  4.21  living units either by the management of the residential care 
  4.22  home or by home care providers under contract with the home's 
  4.23  management; and 
  4.24     (5) a board or lodging establishment which serves as a 
  4.25  shelter for battered women or other similar purpose; and 
  4.26     (6) an elderly housing with services establishment 
  4.27  registered under chapter 144D. 
  4.28     Sec. 4.  [144D.01] [DEFINITIONS.] 
  4.29     Subdivision 1.  [SCOPE.] As used in sections 144D.01 to 
  4.30  144D.06, the following terms have the meanings given them. 
  4.31     Subd. 2.  [ADULT.] "Adult" means a natural person who has 
  4.32  attained the age of 18 years. 
  4.33     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  4.34  commissioner of health or the commissioner's designee. 
  4.35     Subd. 4.  [ELDERLY HOUSING WITH SERVICES ESTABLISHMENT OR 
  4.36  ESTABLISHMENT.] "Elderly housing with services establishment" or 
  5.1   "establishment" means an establishment providing sleeping 
  5.2   accommodations to one or more adult residents, at least 80 
  5.3   percent of which are 55 years of age or older, and offering or 
  5.4   providing, for a fee, one or more health-related or supportive 
  5.5   service, whether offered or provided directly by the 
  5.6   establishment or by another entity arranged for by the 
  5.7   establishment. 
  5.8      Elderly housing with services establishment does not 
  5.9   include: 
  5.10     (1) a nursing home licensed under chapter 144A; 
  5.11     (2) a hospital, boarding care home, or supervised living 
  5.12  facility licensed under sections 144.50 to 144.56; 
  5.13     (3) a board and lodging establishment licensed under 
  5.14  chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, 
  5.15  9525.0215 to 9525.0355, 9525.0500 to 9525.0660, or 9530.4100 to 
  5.16  9530.4450; 
  5.17     (4) a board and lodging establishment which serves as a 
  5.18  shelter for battered women or other similar purpose; 
  5.19     (5) a family adult foster care home licensed under 
  5.20  Minnesota Rules, parts 9543.0010 to 9543.0150; or 
  5.21     (6) private homes in which the residents are related by 
  5.22  kinship, law, or affinity with the providers of services. 
  5.23     Subd. 5.  [SUPPORTIVE SERVICES.] "Supportive services" 
  5.24  means arranging for medical services, health-related services, 
  5.25  social services, transportation, help with personal laundry, or 
  5.26  handling or assisting with personal funds of residents. 
  5.27     Subd. 6.  [HEALTH-RELATED SERVICES.] "Health-related 
  5.28  services" include professional nursing services, home health 
  5.29  aide tasks, and home care aide tasks identified in Minnesota 
  5.30  Rules, parts 4668.0100, subparts 1 and 2; and 4668.0110, subpart 
  5.31  1, or the central storage of medication for residents under 
  5.32  section 144A.485, subdivision 2, clause (6). 
  5.33     Sec. 5.  [144D.02] [REGISTRATION REQUIRED.] 
  5.34     No entity may establish, operate, conduct, or maintain 
  5.35  elderly housing with services in this state without registering 
  5.36  and operating as required in sections 144D.01 to 144D.06. 
  6.1      Sec. 6.  [144D.03] [REGISTRATION.] 
  6.2      Subdivision 1.  [REGISTRATION PROCEDURES.] The commissioner 
  6.3   shall establish forms and procedures for annual registration of 
  6.4   elderly housing with services.  The commissioner shall charge an 
  6.5   annual registration fee of $35.  No fee shall be refunded.  A 
  6.6   registered establishment shall notify the commissioner within 30 
  6.7   days of any change in the business name or address of the 
  6.8   establishment, the name or mailing address of the owner or 
  6.9   owners, or the name or mailing address of the managing agent.  
  6.10  There shall be no fee for submission of the notice. 
  6.11     Subd. 2.  [REGISTRATION INFORMATION.] The establishment 
  6.12  shall provide the following information to the commissioner in 
  6.13  order to be registered: 
  6.14     (1) the business name, street address, and mailing address 
  6.15  of the establishment; 
  6.16     (2) the name and mailing address of the owner or owners of 
  6.17  the establishment and, if the owner or owners are not natural 
  6.18  persons, identification of the type of business entity of the 
  6.19  owner or owners, and the names and addresses of the officers and 
  6.20  members of the governing body of the owner or owners; 
  6.21     (3) the name and mailing address of the managing agent, 
  6.22  whether through management agreement or lease agreement, of the 
  6.23  establishment, if different from the owner or owners, and the 
  6.24  name of the on-site manager, if any; 
  6.25     (4) verification that the establishment has entered into an 
  6.26  elderly housing with services contract, as required in section 
  6.27  144D.04, with each resident or resident's representative; 
  6.28     (5) the name and address of at least one natural person who 
  6.29  shall be responsible for dealing with the commissioner on all 
  6.30  matters provided for in sections 144D.01 to 144D.06, and on whom 
  6.31  personal service of all notices and orders shall be made, and 
  6.32  who shall be authorized to accept service on behalf of the owner 
  6.33  or owners and the managing agent, if any; and 
  6.34     (6) the signature of the authorized representative of the 
  6.35  owner or owners or, if the owner or owners are not natural 
  6.36  persons, signatures of at least two authorized representatives 
  7.1   of each owner, one of which shall be an officer of the owner. 
  7.2      Notwithstanding any law to the contrary, personal service 
  7.3   on the person identified by the owner or owners in the 
  7.4   registration shall be considered service on the owner or owners, 
  7.5   and it shall not be a defense to any action that personal 
  7.6   service was not made on each individual or entity.  The 
  7.7   designation of one or more individuals under this subdivision 
  7.8   shall not affect the legal responsibility of the owner or owners 
  7.9   under sections 144D.01 to 144D.06. 
  7.10     Sec. 7.  [144D.04] [ELDERLY HOUSING WITH SERVICES 
  7.11  CONTRACTS.] 
  7.12     Subdivision 1.  [CONTRACT REQUIRED.] No elderly housing 
  7.13  with services establishment may operate in this state unless a 
  7.14  written elderly housing with services contract, as defined in 
  7.15  subdivision 2, is executed between the establishment and each 
  7.16  resident or resident's representative and unless the 
  7.17  establishment operates in accordance with the terms of the 
  7.18  contract.  The resident or the resident's representative shall 
  7.19  be given a complete copy of the contract and all supporting 
  7.20  documents and attachments and any changes whenever changes are 
  7.21  made. 
  7.22     Subd. 2.  [CONTENTS OF CONTRACT.] An elderly housing with 
  7.23  services contract, which need not be entitled as such to comply 
  7.24  with this section, shall include at least the following elements 
  7.25  in itself or through supporting documents or attachments: 
  7.26     (1) name, street address, and mailing address of the 
  7.27  establishment; 
  7.28     (2) the name and mailing address of the owner or owners of 
  7.29  the establishment and, if the owner or owners is not a natural 
  7.30  person, identification of the type of business entity of the 
  7.31  owner or owners; 
  7.32     (3) the name and mailing address of the managing agent, 
  7.33  through management agreement or lease agreement, of the 
  7.34  establishment, if different from the owner or owners; 
  7.35     (4) the name and address of at least one natural person who 
  7.36  is authorized to accept service on behalf of the owner or owners 
  8.1   and managing agent; 
  8.2      (5) statement describing the registration and licensure 
  8.3   status of the establishment and any provider providing 
  8.4   health-related or supportive services under an arrangement with 
  8.5   the establishment; 
  8.6      (6) term of the contract; 
  8.7      (7) description of the services to be provided to the 
  8.8   resident in the base rate to be paid by resident; 
  8.9      (8) description of any additional services available for an 
  8.10  additional fee from the establishment directly or through 
  8.11  arrangements with the establishment; 
  8.12     (9) fee schedules outlining the cost of any additional 
  8.13  services; 
  8.14     (10) description of the process through which the contract 
  8.15  may be modified, amended, or terminated; 
  8.16     (11) description of the establishment's complaint 
  8.17  resolution process available to residents; 
  8.18     (12) the resident's designated representative, if any; 
  8.19     (13) the establishment's referral procedures if the 
  8.20  contract is terminated; 
  8.21     (14) criteria used by the establishment to determine who 
  8.22  may continue to reside in the elderly housing with services 
  8.23  establishment; 
  8.24     (15) billing and payment procedures and requirements; 
  8.25     (16) statement regarding the ability of residents to 
  8.26  receive services from service providers with whom the 
  8.27  establishment does not have an arrangement; and 
  8.28     (17) statement regarding the availability of public funds 
  8.29  for payment for residence or services in the establishment. 
  8.30     Subd. 3.  [CONTRACTS IN PERMANENT FILES.] Elderly housing 
  8.31  with services contracts and related documents executed by each 
  8.32  resident or resident's representative shall be maintained by the 
  8.33  establishment in files from the date of execution until three 
  8.34  years after the contract is terminated.  The contracts shall be 
  8.35  made available to the commissioner upon request at any time. 
  8.36     Sec. 8.  [144D.05] [AUTHORITY OF COMMISSIONER.] 
  9.1      The commissioner shall, upon receipt of information which 
  9.2   may indicate the failure of the elderly housing with services 
  9.3   establishment, a resident, a resident's representative, or a 
  9.4   service provider to comply with a legal requirement to which one 
  9.5   or more of them may be subject, make appropriate referrals to 
  9.6   other governmental agencies and entities having jurisdiction 
  9.7   over the subject matter.  The commissioner may also make 
  9.8   referrals to any public or private agency the commissioner 
  9.9   considers available for appropriate assistance to those 
  9.10  involved.  The commissioner may freely communicate with any 
  9.11  resident or resident's representative who authorizes such 
  9.12  communication.  The commissioner may seek communication and 
  9.13  information from the establishment but may not compel the 
  9.14  owners, managing agent, or staff of the establishment to 
  9.15  communicate or provide information with the commissioner, except 
  9.16  as provided in sections 144A.03 and 144A.04, or in other 
  9.17  applicable provisions of law. 
  9.18     The commissioner shall have standing to bring an action for 
  9.19  injunctive relief in the district court in the district in which 
  9.20  an establishment is located to compel the elderly housing with 
  9.21  services establishment to meet the requirements of this chapter 
  9.22  or other requirements of the state or of any county or local 
  9.23  governmental unit to which the establishment is otherwise 
  9.24  subject.  Proceedings for securing an injunction may be brought 
  9.25  by the commissioner through the attorney general or through the 
  9.26  appropriate county attorney.  The sanctions in this section do 
  9.27  not restrict the availability of other sanctions. 
  9.28     Sec. 9.  [144D.06] [OTHER LAWS.] 
  9.29     An elderly housing with services establishment shall obtain 
  9.30  and maintain all other licenses, permits, registrations, or 
  9.31  other governmental approvals that may be required in addition to 
  9.32  registration under this chapter, except that an establishment 
  9.33  registered under this chapter is exempt, at its option, from the 
  9.34  requirement of obtaining and maintaining an adult foster care 
  9.35  license under Minnesota Rules, parts 9543.0010 to 9543.0150, or 
  9.36  a lodging license under chapter 157.  An elderly housing with 
 10.1   services establishment which is also described in section 
 10.2   157.031 is exempt from the requirements of that section while it 
 10.3   is registered under this chapter.