Minnesota Legislature
SF 805
as introduced - 91st Legislature (2019 - 2020) Posted on 02/04/2019 02:51pm
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14.26
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21.7
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21.12
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23.7
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24.4
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24.24
24.25 24.26 24.27 24.28 24.29 24.30 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10
29.11
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30.5
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32.27
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A bill for an act
relating to health; establishing consumer protections for residents of assisted living
establishments; establishing an assisted living establishment license; providing
criminal penalties; granting rulemaking authority; amending Minnesota Statutes
2018, sections 144.057, subdivision 1; 144.0721; 144.122; 144.651, subdivision
1, by adding a subdivision; 144A.18; 144A.19, subdivision 1; 144A.20, subdivision
1; 144A.21; 144A.23; 144A.24; 144A.251; 144A.2511; 144A.26; 144A.27;
144A.4791, subdivision 10; 144D.01, subdivisions 2a, 4, 5, by adding subdivisions;
144D.015; 144D.02; 144D.04, subdivision 1; 144D.05; 144D.06; 144D.09;
144D.10; 144D.11; 325F.72, subdivisions 1, 4; proposing coding for new law in
Minnesota Statutes, chapter 144; proposing coding for new law as Minnesota
Statutes, chapters 144I; 144J; repealing Minnesota Statutes 2018, sections 144A.44;
144A.441; 144A.442; 144D.01, subdivision 6; 144D.025; 144D.04, subdivisions
2, 3; 144D.045; 144D.065; 144D.066; 144D.07; 144D.09; 144G.01; 144G.02;
144G.03, subdivisions 1, 2, 3, 4, 5, 6; 144G.04; 144G.05; 144G.06.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ASSISTED LIVING AND HOME CARE RIGHTS AND CONSUMER
PROTECTIONS
Section 1.
[144J.01] DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of this chapter, the following terms have
the meanings given them.
Subd. 2.
Adult.
"Adult" means a person who is at least 18 years of age.
Subd. 3.
Agent.
"Agent" means an employee of, or person or entity contracting or
affiliated with, the assisted living establishment.
Subd. 4.
Affiliated home care provider.
"Affiliated home care provider" means a home
care provider licensed under chapter 144A that provides home care services to residents of
an assisted living establishment under a business relationship or other affiliation with the
establishment.
Subd. 5.
Assisted living contract.
"Assisted living contract" means the legal agreement
between an assisted living establishment and a resident for the provision of:
(1) housing;
(2) home care services, whether directly or through an affiliated home care provider;
and
(3) any other services.
Subd. 6.
Assisted living establishment.
(a) "Assisted living establishment" means an
entity that is governed under chapter 144G or, after July 1, 2020, is licensed by the
commissioner of health to provide housing and offer or provide home care services directly
or through an affiliated home care provider. For the purposes of this chapter, unless otherwise
provided, an assisted living establishment also includes a housing with services establishment
registered under chapter 144D.
(b) Assisted living establishment does not include:
(1) shelters, transitional housing, or any other residential units serving exclusively or
primarily homeless individuals, as defined in section 116L.361;
(2) a nursing home licensed under chapter 144A;
(3) a hospital, as defined in section 144.50, subdivision 2;
(4) a boarding care home, as defined in Minnesota Rules, part 4655.0100, subpart 3;
(5) a supervised living facility, as defined in Minnesota Rules, part 4665.0100, subpart
10;
(6) a board and lodging establishment licensed under chapter 157 or 245G or governed
under Minnesota Rules, parts 9520.0500 to 9520.0670;
(7) any establishment that serves as a shelter for battered women or other similar purpose;
(8) adult foster care licensed by the Department of Human Services;
(9) private homes in which the residents are related to the providers of services by
kinship, law, or affinity;
(10) residential settings for persons with developmental disabilities in which the services
are licensed under chapter 245D;
(11) a home-sharing arrangement, including but not limited to arrangements where an
older person, person with a disability, or single-parent family makes lodging in a private
residence available to another person in exchange for services or rent, or both;
(12) a condominium, cooperative, common interest community, or owners' association
organized under chapter 515B where at least 80 percent of the units that comprise the
condominium, cooperative, common interest community, or association are occupied by
individuals who are the owners, members, or shareholders of the units;
(13) services for persons with developmental disabilities that are provided under a license
under chapter 245D; or
(14) a temporary family health care dwelling as defined in section 394.307, subdivision
1.
Subd. 7.
Client.
"Client" means a person to whom an unaffiliated home care provider
provides home care services under a home care contract.
Subd. 8.
Commissioner.
"Commissioner" means the commissioner of health.
Subd. 9.
Designated representative.
"Designated representative" means:
(1) a court-appointed guardian;
(2) a conservator;
(3) an attorney-in-fact;
(4) a health care agent, as defined in section 145C.01, subdivision 2; or
(5) a person designated in writing by the resident and identified in the resident's records
on file with the assisted living establishment.
Subd. 10.
Home care services.
"Home care services" means:
(1) the basic home care services described in section 144A.471, subdivision 6, clauses
(1) to (5);
(2) the comprehensive home care services described in section 144A.471, subdivision
7;
(3) monitoring or supervising the resident's functioning and needs to ensure the resident's
well-being;
(4) assistance with laundry, shopping, and household chores;
(5) housekeeping services;
(6) providing assistance with meals or food preparation;
(7) help with arranging for or providing transportation to medical, social, recreational,
personal, or social service appointments; or
(8) social or recreational services.
Subd. 11.
Home care provider.
"Home care provider" means an affiliated or unaffiliated
home care provider.
Subd. 12.
Housing with services establishment.
"Housing with services establishment"
has the meaning given in section 144D.01, subdivision 4.
Subd. 13.
Resident.
"Resident" means a person living in an assisted living establishment.
Subd. 14.
Home care service agreement or service agreement.
"Home care service
agreement" or "service agreement" means the written plan described in section 144A.43,
subdivision 27, between the home care client or the client's designated representative and
an unaffiliated home care provider describing the home care services that will be provided
to the client.
Subd. 15.
Unaffiliated home care provider.
"Unaffiliated home care provider" means
a home care provider regularly engaged for a fee in the delivery of one or more home care
services directly to a client in any setting, including to a resident of an assisted living
establishment, provided the home care provider has no business relationship or affiliation
with the assisted living establishment where the client contracting for or receiving home
care services resides.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 2.
[144J.02] ASSISTED LIVING CONTRACTS.
Subdivision 1.
Contract required.
(a) No assisted living establishment may offer or
provide housing, home care services, or other services to a resident unless it has executed
a written contract with the resident.
(b) The contract must:
(1) be signed by both:
(i) the resident or the resident's designated representative; and
(ii) the owner or owners, or an agent of the owner or owners, of the assisted living
establishment;
(2) contain all the terms concerning the provision of:
(i) housing; and
(ii) services, including all home care services, whether provided directly by the assisted
living establishment or by an affiliated home care services provider.
(c) An assisted living establishment must:
(1) offer to prospective residents and provide to the Office of the Ombudsman for
Long-Term Care a complete unsigned copy of its assisted living contract; and
(2) give a complete copy of any signed contract and any addendums, and all supporting
documents and attachments, to the resident or the resident's designated representative
promptly after a contract and any addendum has been signed by the resident or the resident's
designated representative.
(d) A contract under this section is a consumer contract under sections 325G.29 to
325G.37.
(e) Before or at the time of execution of an assisted living contract, the assisted living
establishment must offer the resident the opportunity to identify a designated representative
in writing in the contract. The contract must contain a page or space for the name and contact
information of the designated representative and a box the resident must initial if the resident
declines to name a designated representative. Notwithstanding paragraph (f), the resident
has the right at any time to rescind the declination or add or change the name and contact
of the designated representative.
(f) The resident must agree in writing to any additions or amendments to the contract.
Upon agreement between the resident or resident's designated representative and the assisted
living establishment, a new contract or an addendum to the existing contract must be executed
and signed.
Subd. 2.
Contents of contract; contact information.
(a) An assisted living contract
must include in a conspicuous place and manner on the contract, the legal name, the license
or registration number of the assisted living establishment, and the license number of any
affiliated home care provider.
(b) An assisted living contract must include the name, telephone number, and physical
mailing address, which may not be a public or private post office box, of:
(1) the assisted living establishment and any affiliated home care provider;
(2) the owner or owners of the assisted living establishment and of any affiliated home
care provider;
(3) the managing agent of the assisted living establishment; and
(4) at least one natural person who is authorized to accept service of process on behalf
of the assisted living establishment and each affiliated home care provider.
Subd. 3.
Duration of contract.
An assisted living contract must include:
(1) a description of all the terms and conditions of the contract, including a description
of and any limitations to the housing and home care services to be provided for the contracted
amount;
(2) a delineation of the cost and nature of any other services to be provided for an
additional fee;
(3) a delineation and description of any additional fees the resident may be required to
pay if the resident's condition changes during the term of the contract;
(4) a delineation of the grounds under which the resident may be discharged, evicted,
or transferred or have services terminated; and
(5) billing and payment procedures and requirements.
Subd. 4.
Complaint procedures.
An assisted living contract must include a description
of the assisted living establishment's complaint resolution process available to residents,
including the name and contact information of the person representing the assisted living
establishment who is designated to handle and resolve complaints.
Subd. 5.
Notice required.
An assisted living contract must include a clear and
conspicuous notice of:
(1) the right under section 144J.13 to challenge a discharge, eviction, or transfer or
service termination;
(2) the assisted living establishment's policy regarding transfer of residents within the
establishment, under what circumstances transfer may occur, and whether or not consent
of the resident being asked to transfer is required;
(3) the toll-free complaint line for the long-term care ombudsman and the Office of
Health Facility Complaints;
(4) the resident's right to obtain services from an unaffiliated home care provider;
(5) the availability of public funds for eligible residents to pay for housing or services,
or both; and
(6) the contact information to obtain long-term care consulting services under section
256B.0911.
Subd. 6.
Contracts in permanent files.
Assisted living contracts and related documents
executed by each resident or the resident's designated representative must be maintained
by the assisted living establishment in files from the date of execution of the assisted living
contract until three years after the contract is terminated or expires. Assisted living contracts
and any applicable written disclosures required under section 325F.72 shall be made available
for on-site inspection by the commissioner upon request at any time.
Subd. 7.
Waivers of liability prohibited.
An assisted living contract must not include
a waiver of assisted living establishment liability for the health and safety or personal
property of a resident. An assisted living contract must not include any provision that the
assisted living establishment knows or should know to be deceptive, unlawful, or
unenforceable under state or federal law, nor include any provision that requires or implies
a lesser standard of care or responsibility than is required by law.
EFFECTIVE DATE.
This section is effective for all assisted living contracts entered
into on or after January 1, 2020. Prior to January 1, 2020, assisted living establishments are
governed by the contract requirements in sections 144D.04 and 144D.045.
Sec. 3.
[144J.03] HOUSING AND SERVICE-RELATED MATTERS.
Subdivision 1.
Responsibility for housing and services.
The assisted living
establishment is directly responsible to the resident for all housing and service-related
matters provided directly or through an affiliated home care provider. Housing and
service-related matters include but are not limited to the handling of complaints, the provision
of notices, and the initiation of any adverse action against the resident involving housing
or services provided by the assisted living establishment or any agent, including an affiliated
home care provider.
Subd. 2.
Uniform checklist disclosure of services.
(a) On and after July 1, 2020, an
assisted living establishment must provide to prospective residents, the prospective resident's
designated representative, and any other person or persons the resident chooses:
(1) a written checklist listing all services permitted under the assisted living
establishment's license and identifying all services the assisted living establishment offers
to provide under the assisted living contract; and
(2) an oral explanation of the services offered under the assisted living contract.
(b) The requirements of paragraph (a) must be completed prior to the execution of an
assisted living contract.
(c) The commissioner must, in consultation with all interested stakeholders, design the
uniform checklist disclosure form for use as provided under paragraph (a).
Subd. 3.
Reservation of rights.
Nothing in this chapter or chapter 144I:
(1) requires a resident to utilize any service provided by or through, or made available
in, an assisted living establishment;
(2) prevents an assisted living establishment from requiring, as a condition of the assisted
living contract, that the resident pay for a package of services even if the resident does not
choose to utilize all or some of the services in the package;
(3) requires an assisted living establishment to fundamentally alter the nature of the
operations of the establishment in order to accommodate a resident's request; or
(4) affects the duty of an assisted living establishment to grant a resident's request for
reasonable accommodations.
Sec. 4.
[144J.04] NOTICE TO RESIDENTS OF CHANGE IN OWNERSHIP OR
MANAGEMENT.
An assisted living establishment must provide prompt written notice to the resident or
resident's designated representative of any change of legal name, telephone number, and
physical mailing address, which may not be a public or private post office box, of:
(1) the owner or owners of the assisted living establishment or affiliated home care
provider or, after July 1, 2020, the assisted living establishment or affiliated home care
provider or housing with services registrant, if different from the owner or owners of the
assisted living establishment;
(2) the manager of the assisted living establishment; and
(3) the natural person authorized to accept legal process on behalf of the assisted living
establishment or affiliated home care provider.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 5.
[144J.05] NOTICES IN PLAIN LANGUAGE AND LANGUAGE
ACCOMMODATIONS.
Assisted living establishments and affiliated home care providers must provide all notices
in plain language that residents can understand and make reasonable accommodations for
residents who have communication disabilities and those whose primary language is a
language other than English.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 6.
[144J.06] ASSISTED LIVING AND HOME CARE RIGHTS.
Subdivision 1.
Definitions.
(a) "Assisted living establishment" includes an affiliated
home care provider.
(b) "Maltreatment" means conduct described in section 626.5572, subdivision 15, or the
intentional and nontherapeutic infliction of physical pain or injury, or any persistent course
of conduct intended to produce mental or emotional distress.
(c) "Resident" means a person residing in an assisted living establishment or any person
receiving home care services from an affiliated or unaffiliated home care provider.
Subd. 2.
Applicability.
All home care providers, including those exempted from home
care licensure under section 144A.471, subdivision 8, must comply with this section and
the commissioner shall enforce this section against home care providers exempt from
licensure in the same manner as for licensees.
Subd. 3.
Legislative intent.
It is the intent of the legislature to promote the interests and
well-being of residents. It is the intent of this section that every resident's civil and religious
liberties, including the right to independent personal decisions and knowledge of available
choices, shall not be infringed and that the assisted living establishment or home care
provider must encourage and assist in the fullest possible exercise of these rights. The rights
established under this section for the benefit of residents do not limit the rights residents
have under other applicable law.
Subd. 4.
Right to information about rights.
(a) Before receiving services, residents
have the right to receive from the assisted living establishment or unaffiliated home care
provider written information about rights under this section in plain language and in terms
residents can understand. The provider must make reasonable accommodations for residents
who have communication disabilities and those who speak a language other than English.
The information must include:
(1) what recourse the resident has if rights are violated;
(2) the name, address, telephone number, and e-mail contact information of organizations
that provide advocacy and legal services for residents to enforce their rights including but
not limited to the designated protection and advocacy organization in Minnesota that provides
advice and representation to individuals with disabilities; and
(3) the name, address, telephone number, and e-mail contact information for government
agencies where the resident or private client may file a maltreatment report, complain, or
seek assistance, including the Office of Health Facility Complaints, the long-term care
ombudsman, and state and county agencies that regulate assisted living establishments and
home care providers.
(b) Upon request, residents and their designated representatives have the right to current
assisted living establishment or home care provider policies, inspection findings of state
and local health authorities, and further explanation of the rights provided under this section,
consistent with chapter 13 and section 626.557.
Subd. 5.
Right to courteous treatment.
Residents have the right to be treated with
courtesy and respect, and to have the resident's property treated with respect.
Subd. 6.
Right to appropriate care and services.
(a) Residents have the right to care
and services that are appropriate based on the resident's needs and according to an up-to-date
plan for care and services. All plans for care and services must be designed to enable residents
to achieve their highest level of emotional, psychological, physical, medical, and functional
well-being and safety.
(b) Residents have the right to receive medical and personal care and services with
continuity by people who are properly trained and competent to perform their duties and in
sufficient numbers to adequately provide the services agreed to in the assisted living contract
or home care service agreement.
Subd. 7.
Right to information about individuals providing services.
Residents have
the right to be told before receiving services the type and disciplines of staff who will be
providing the services, the frequency of visits proposed to be furnished, and other choices
that are available for addressing the resident's needs.
Subd. 8.
Freedom from maltreatment.
Residents have the right to be free from
maltreatment.
Subd. 9.
Right to participate in care and service planning; notice of change.
Residents
have the right to actively participate in the planning, modification, and evaluation of their
care and services. This right includes:
(1) the opportunity to discuss care, services, treatment, and alternatives with the
appropriate caregivers;
(2) the opportunity to request and participate in formal care conferences;
(3) the right to include a family member or the resident's designated representative, or
both; and
(4) the right to be told in advance of, and take an active part in decisions regarding, any
recommended changes in the plan for care and services.
Subd. 10.
Right to disclosure of contract services and rights to purchase outside
services.
(a) Residents have the right to be informed, prior to receiving care or services
from an affiliated or unaffiliated home care provider and during their stay in an assisted
living establishment of:
(1) care and services which are included under the terms of the assisted living contract
and the home care service agreement, if applicable;
(2) information about care and other public services or private services that may be
available in the community at additional charges; and
(3) any limits to the services available from the assisted living establishment or an
unaffiliated home care provider.
(b) If an assisted living contract or home care service agreement permits changes in
services, residents have the right to reasonable, advance notice of any change.
(c) Residents have the right to purchase or rent goods or services not included in the
assisted living contract rate or home care service agreement rate from a supplier of their
choice unless otherwise provided by law. The supplier must ensure that these purchases are
sufficient to meet the medical or treatment needs of the residents.
(d) Residents have the right to change home care providers after services have begun,
within the limits of health insurance, long-term care insurance, medical assistance, or other
health programs, and contractual agreements.
(e) Home care providers must make every effort to assist residents in obtaining
information regarding whether the Medicare, medical assistance, or other public program
will pay for any or all of the services.
Subd. 11.
Right to information about charges.
(a) Before services are initiated, residents
have the right to be notified:
(1) of home care provider charges for the services;
(2) as to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and
(3) what charges the resident may be responsible for paying.
(b) If an assisted living contract or home care service agreement permits changes in
charges, residents have the right to reasonable, advance notice of any change.
Subd. 12.
Right to information about health care treatment.
Where applicable,
residents have the right to be given by their physicians complete and current information
concerning their diagnosis, cognitive functioning level, treatment, alternatives, risks, and
prognosis as required by the physician's legal duty to disclose. This information must be in
terms and language the residents can reasonably be expected to understand. This information
shall include the likely medical or major psychological results of the treatment and its
alternatives. Residents receiving home care services from the assisted living establishment
directly, or through an affiliated home care provider, may be accompanied by a family
member or other designated representative, or both.
Subd. 13.
Right to refuse services or care.
(a) Residents have the right to refuse services
or care.
(b) Home care providers and assisted living establishments must document in the
resident's record that the home care provider informed residents who refuse care, services,
treatment, medication, or dietary restrictions of the likely medical, health-related, or
psychological consequences of the refusal.
(c) In cases where a resident is incapable of understanding the circumstances but has
not been adjudicated incompetent, or when legal requirements limit the right to refuse
medical treatment, the conditions and circumstances must be fully documented by the
attending physician in the resident's record.
Subd. 14.
Right to personal, treatment, and communication privacy.
(a) In assisted
living establishments, residents have the right to:
(1) every consideration of their privacy, individuality, and cultural identity as related to
their social, religious, and psychological well-being. Staff must respect the privacy of a
resident's space by knocking on the door and seeking consent before entering, except in an
emergency or where clearly inadvisable;
(2) respectfulness and privacy as they relate to the resident's medical and personal care
program. Case discussion, consultation, examination, and treatment are confidential and
must be conducted discreetly. Privacy must be respected during toileting, bathing, and other
activities of personal hygiene, except as needed for resident safety or assistance;
(3) communicate privately with persons of their choice;
(4) enter and, except as provided by civil commitment under chapter 253B or if not
residing in a secure assisted living establishment, leave the facility as they choose;
(5) private communication with a representative of a protection and advocacy services
agency; and
(6) access Internet service at their expense, unless offered by the home care provider or
assisted living establishment.
(b) Personal mail must be sent by the assisted living establishment without interference
and received unopened unless medically or programmatically contraindicated and
documented by the physician or advanced practice registered nurse in the resident's record.
Residents must be provided access to a telephone to make and receive calls as well as speak
privately. Assisted living establishments that are unable to provide a private area must make
reasonable arrangements to accommodate the privacy of residents' calls.
Subd. 15.
Right to confidentiality of records.
Residents have the right to have personal,
financial, and medical information kept private, to approve or refuse release of information
to any outside party, and to be advised of the assisted living establishment and home care
providers' policies and procedures regarding disclosure of the information. Residents must
be notified when personal records are requested by any outside party.
Subd. 16.
Right to visitors and social participation.
(a) Residents have the right of
reasonable access at reasonable times, or any time when the resident's welfare is in immediate
jeopardy, to any available rights protection services and advocacy services.
(b) Residents have the right to meet with or receive visits at reasonable times by the
resident's guardian, conservator, health care agent, family, attorney, advocate, religious or
social work counselor, or any person of the resident's choosing, or at any time when the
resident's welfare is in immediate jeopardy.
(c) Residents have the right to participate in commercial, religious, social, community,
and political activities without interference and at their discretion if the activities do not
infringe on the right to privacy of other residents.
Subd. 17.
Right to designate representative.
Residents have the right to name a
designated representative. Before or at the time of execution of an assisted living contract,
assisted living establishments must offer the resident the opportunity to identify a designated
representative in writing in the contract. Residents have the right at any time at or after they
enter into an assisted living contract to name a designated representative.
Subd. 18.
Right to form family and advisory councils.
Residents in assisted living
establishments and their families have the right to organize, maintain, and participate in
resident family and advisory councils. Assisted living establishments must provide assistance
and space for meetings and afford privacy. Staff or visitors may attend only upon the council's
invitation. A staff person must be designated the responsibility of providing this assistance
and responding to written requests that result from council meetings. Resident and family
councils must be encouraged to make recommendations regarding establishment policies.
Subd. 19.
Right to complain.
Residents have the right to:
(1) complain or inquire about either care or services that are provided or not provided;
(2) complain about the lack of courtesy or respect to the resident or to the resident's
property;
(3) know how to contact the agent of the assisted living establishment or unaffiliated
home care provider who is responsible for handling complaints and inquiries;
(4) have the assisted living establishment or the unaffiliated home care provider conduct
an investigation, attempt to resolve, and provide a timely response to the complaint or
inquiry; and
(5) recommend changes in policies and services to staff and others of their choice.
Subd. 20.
Right to assert rights.
Residents, their designated representatives, or any
person or persons on behalf of the resident have the right to assert the rights granted to
residents under this section or any other section.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 7.
[144J.07] ELECTRONIC MONITORING.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Electronic monitoring device" means a camera or other device that captures, records,
or broadcasts audio, video, or both, that is placed in a resident's room or private living space
and is used to monitor the resident or activities in the room or private living space.
(c) "Facility" means a facility that is:
(1) licensed as a nursing home under chapter 144A;
(2) licensed as a boarding care home under sections 144.50 to 144.56; or
(3) an assisted living establishment, as defined in section 144J.01, subdivision 6.
(d) "Resident representative" means a court-appointed guardian, health care agent under
section 145C.01, subdivision 2, or a person chosen by the resident and identified in the
resident's records on file with the facility.
Subd. 2.
Electronic monitoring authorized.
(a) A facility must allow a resident or a
resident representative to conduct electronic monitoring of the resident's room or private
living space as provided in this section.
(b) Nothing in this section precludes the use of electronic monitoring of health care
allowed under other law.
Subd. 3.
Consent on behalf of a resident.
(a) If the resident has not affirmatively
objected to electronic monitoring and the resident's health care provider determines that the
resident lacks the ability to understand and appreciate the nature and consequences of
electronic monitoring, the resident representative may consent on behalf of the resident,
subject to paragraph (b). 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.
(b) Prior to a resident's representative consenting on behalf of a resident, the resident
must be asked by the resident's representative if the resident wants electronic monitoring
to be conducted. The resident's representative must explain to the resident:
(1) the reason for placing the electronic monitoring device;
(2) the type of electronic monitoring device to be used;
(3) that the resident may place conditions on the electronic monitoring device's use, as
provided under subdivision 7, paragraph (a), clause (6);
(4) with whom the recording may be shared under this section; and
(5) the resident's ability to decline all recording.
The resident's response must be documented on the notification and consent form.
(c) A resident may set conditions for use of the electronic monitoring device, including
the list of standard conditions provided under subdivision 7, paragraph (a), clause (6).
(d) A 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.
(e) A resident may withdraw the consent made on the resident's behalf at any time by
affirmatively objecting to the monitoring.
Subd. 4.
Roommate consent.
(a) Prior to implementing electronic monitoring, a resident
or a resident's representative must obtain the written consent on the notification and consent
form of any other resident residing in the room or private living space.
(b) If the roommate has not affirmatively objected to the electronic monitoring in
accordance with this subdivision and the roommate's physician determines that the roommate
lacks the ability to understand and appreciate the nature and consequences of electronic
monitoring, the roommate's resident representative may consent on behalf of the roommate.
The roommate and the roommate's resident representative must be told:
(1) the reason for placing the electronic monitoring device;
(2) the type of electronic monitoring device to be used;
(3) that they can place conditions on the electronic monitoring device's use, including
those listed under subdivision 7, paragraph (a), clause (6);
(4) with whom the recording may be shared under this section; and
(5) their ability to decline all recording.
(c) A roommate or roommate's resident representative may consent to electronic
monitoring with any conditions of the roommate's choosing, including the list of standard
conditions listed under subdivision 7, paragraph (a), clause (6). A roommate may request
that the visual or audio recording component of the electronic monitoring device be disabled
or blocked at any time.
(d) The roommate or roommate's resident representative may withdraw consent at any
time by submitting written notice to the facility.
(e) Any resident currently conducting electronic monitoring must obtain consent from
any new roommate before the resident continues authorized electronic monitoring. If a new
roommate does not consent to electronic monitoring and the resident conducting the electronic
monitoring does not remove the electronic monitoring device, the facility must remove the
electronic monitoring device.
Subd. 5.
Reasonable accommodation.
(a) If a resident of a facility who is residing in
a shared room wants to conduct electronic monitoring and another resident living in or
moving into the same shared room refuses to consent to the use of an electronic monitoring
device, the facility must make a reasonable attempt to accommodate the resident who wants
to conduct electronic monitoring. A facility has met the requirement to make a reasonable
attempt when upon notification that a roommate has not consented to the use of an electronic
monitoring device in the resident's room, the facility offers to move the resident to another
shared room that is available at the time of the request.
(b) If a resident chooses to reside in a private room in a facility in order to accommodate
the use of an electronic monitoring device, the resident must pay the private room rate. If
a facility is unable to accommodate a resident due to lack of space, the facility must
reevaluate the request every two weeks until the request is fulfilled. Notwithstanding any
other provision of this chapter, a facility is not required to provide a private room or a
single-bed room to a resident who is not a private-pay resident.
Subd. 6.
Notice of monitoring to the facility; exceptions to required notice.
(a)
Electronic monitoring may begin only after the resident or resident's representative who
intends to place an electronic monitoring device completes and submits to the facility a
notification and consent form prescribed by the commissioner.
(b) Notwithstanding paragraph (a), the resident or resident's representative who intends
to place an electronic monitoring device may do so without submitting a notification and
consent form to the facility:
(1) for up to 30 days if the resident or the resident's representative reasonably fears
retaliation against the resident by the facility and timely submits a Minnesota Adult Abuse
Reporting Center report or police report, or both, upon evidence from the electronic
monitoring device that suspected maltreatment has occurred;
(2) for up to 30 days if there has not been a timely written response from the facility to
a written communication from the resident or resident's representative expressing a concern
prompting the desire for placement of an electronic monitoring device; or
(3) for up to 30 days if the resident or resident's representative has already submitted a
Minnesota Adult Abuse Reporting Center report or police report regarding the resident's
concerns prompting the desire for placement.
Subd. 7.
Notification and consent form requirements.
(a) The notification and consent
form must include, at a minimum, the following information:
(1) the resident's signed consent to electronic monitoring or the signature of the resident's
representative, if applicable. If the resident's representative signs the consent form, the form
must document the following:
(i) the date the resident was asked if the resident wants electronic monitoring to be
conducted;
(ii) who was present when the resident was asked; and
(iii) an acknowledgment that the resident did not affirmatively object;
(2) the resident's roommate's signed consent or the signature of the roommate's resident
representative, if applicable. If a roommate's resident representative signs the consent form,
the form must document the following:
(i) the date the roommate was asked if the roommate consents to electronic monitoring;
(ii) who was present when the roommate was asked; and
(iii) an acknowledgment that the roommate did not affirmatively object;
(3) the type of electronic monitoring device to be used;
(4) any installation needs, including the mounting of a device to a wall or ceiling;
(5) the proposed date of installation for scheduling purposes;
(6) a list of standard conditions or restrictions that the resident or a roommate may elect
to place on the use of the electronic monitoring device including but not limited to:
(i) prohibiting audio recording;
(ii) prohibiting video recording;
(iii) prohibiting broadcasting of audio or video;
(iv) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device for the duration of an exam or procedure by
a health care professional;
(v) turning off the electronic monitoring device or blocking the visual recording
component of the electronic monitoring device while dressing or bathing is performed; and
(vi) turning off the electronic monitoring device for the duration of a visit with a spiritual
adviser, ombudsman, attorney, financial planner, intimate partner, or other visitor;
(7) any other condition or restriction elected by the resident or roommate on the use of
an electronic monitoring device;
(8) a signature box for documenting that the resident or roommate has withdrawn consent;
and
(9) a statement of the circumstances under which a recording may be disseminated under
subdivision 10.
(b) Subject to subdivision 6, paragraph (b), copies of the completed notification and
consent form must be provided to the resident and the resident's roommate, if applicable.
Copies of all completed notification and consent forms must be submitted to the facility,
and the facility must keep the notification and consent forms on file in a location separate
from the resident's clinical record.
(c) The commissioner must prepare a notification and consent form required in this
section no later than August 1, 2019, and must make the form available on the department's
website.
Subd. 8.
Costs and installation.
(a) A resident or resident representative choosing to
conduct electronic monitoring must do so at the resident's own expense, including paying
for the purchase, installation, maintenance, and removal costs.
(b) If a resident chooses to install an electronic monitoring device that uses Internet
technology for visual or audio monitoring and Internet service is not included in the rate or
available through facility, the resident may be responsible for contracting with an Internet
service provider.
(c) The facility must make a reasonable attempt to accommodate the resident's installation
needs, including allowing access to the facility's telecommunications or equipment room.
A facility has the burden of proving that a requested accommodation is not reasonable.
(d) All electronic monitoring device installations and supporting services must be
Underwriters Laboratories-listed.
Subd. 9.
Notice to visitors.
A facility must post a sign at each entrance accessible to
visitors that states: "Electronic monitoring devices may be present to record persons and
activities" using bold typeface and using a font size that can be easily seen. The facility is
responsible for installing and maintaining the signage required in this subdivision.
Subd. 10.
Dissemination of data.
(a) No person may access any video or audio recording
created through electronic monitoring without the written consent of the resident or the
resident's representative.
(b) Except as required under other law, a recording or copy of a recording made as
provided in this section may only be disseminated for the purpose of addressing health,
safety, or welfare concerns of a resident or residents.
(c) Disseminating a recording or a copy of a recording that was made according to this
section but in violation of this subdivision may be grounds for civil or criminal liability.
(d) An employee of a facility who is the subject of proposed corrective or disciplinary
action based upon evidence obtained by electronic monitoring must be given access to that
evidence for purposes of defending against the proposed action. The recording or a copy
of the recording must be treated confidentially by the employee and must not be further
disseminated to any other person except as required under law. Any copy of the recording
must be returned to the facility or resident who provided the copy when it is no longer
needed for purposes of defending against a proposed action.
Subd. 11.
Facility liability.
(a) A facility is not civilly or criminally liable for the
inadvertent or unintentional disclosure of a recording by a resident or a resident's
representative for any purpose not authorized by this section.
(b) A facility is not civilly or criminally liable for a violation of a resident's right to
privacy based solely on the use of electronic monitoring conducted as provided for in this
section.
Subd. 12.
Obstruction of electronic monitoring.
(a) A person must not knowingly
hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a
resident's room or private living space without the permission of the resident or the resident's
legal representative.
(b) It is not a violation of this subdivision if a person turns off the electronic monitoring
device or blocks the visual recording component of the electronic monitoring device at the
direction of the resident or the resident's legal representative, or if consent for use of
electronic monitoring has been withdrawn.
Subd. 13.
Resident rights and protection.
A facility must not:
(1) refuse to admit a potential resident or remove a resident because the facility disagrees
with the potential resident's or the resident representative's decisions regarding electronic
monitoring;
(2) retaliate against any resident for consenting or refusing to consent to electronic
monitoring under this section; or
(3) prevent the placement or use of an electronic monitoring device by a resident who
has provided the facility with notice and consent as required under this section.
Subd. 14.
Penalties.
The commissioner may issue a correction order upon a finding that
the facility has failed to comply with this section. The commissioner may impose a fine of
up to $500 upon a finding of noncompliance with a correction order issued under this
subdivision.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 8.
[144J.08] USE OF RESTRAINTS IN ASSISTED LIVING
ESTABLISHMENTS.
Residents of assisted living establishments must be free from any physical or chemical
restraints imposed for purposes of discipline or convenience.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 9.
[144J.09] RETALIATION PROHIBITED IN ASSISTED LIVING
ESTABLISHMENTS.
(a) No assisted living establishment or agent of the assisted living establishment may
retaliate against a resident or employee if the resident, employee, or any person on behalf
of the resident:
(1) files a complaint or grievance, makes an inquiry, or asserts any right;
(2) indicates an intention to file a complaint or grievance, make an inquiry, or assert any
right;
(3) files or indicates an intention to file a maltreatment report, whether mandatory or
voluntary, under section 626.557;
(4) seeks assistance from or reports a reasonable suspicion of a crime or systemic
problems or concerns to the administrator or manager of an assisted living establishment,
the long-term care ombudsman, a regulatory or other government agency, or a legal or
advocacy organization;
(5) advocates or seeks advocacy assistance for necessary or improved care or services
or enforcement of rights under this section or other law;
(6) takes or indicates an intention to take civil action;
(7) participates or indicates an intention to participate in any investigation or
administrative or judicial proceeding;
(8) contracts or indicates an intention to contract to receive services from a service
provider of the resident's choice other than the assisted living establishment; or
(9) places or indicates an intention to place a camera or electronic monitoring device in
the resident's private space as provided under section 144J.07.
(b) For purposes of this section, to "retaliate" against a resident includes but is not limited
to any of the following actions taken or threatened by an assisted living establishment or
an agent of the assisted living establishment against a resident, or any person with a familial,
personal, legal, or professional relationship with the resident:
(1) discharge, eviction, transfer, or termination of services;
(2) the imposition of discipline, punishment, or a sanction or penalty;
(3) any form of discrimination;
(4) restriction or prohibition of access:
(i) of the resident to the facility or visitors; or
(ii) of a family member or a person with a personal, legal, or professional relationship
with the resident, to the resident;
(5) imposition of involuntary seclusion or the withholding of food, care, or services;
(6) restriction of any of the rights granted to residents under state or federal law;
(7) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements;
(8) arbitrary increase in charges or fees;
(9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices; or
(10) any oral or written communication of false information about a person advocating
on behalf of the resident.
(c) For purposes of this section, to "retaliate" against an employee includes but is not
limited to any of the following actions taken or threatened by the assisted living establishment
or an agent of the assisted living establishment against an employee:
(1) discharge or transfer;
(2) demotion or refusal to promote;
(3) reduction in compensation, benefits, or privileges;
(4) the unwarranted imposition of discipline, punishment, or a sanction or penalty; or
(5) any form of discrimination.
(d) There is a rebuttable presumption that any action, described in paragraph (b) or (c)
and taken within 90 days of an initial action described in paragraph (a), is retaliatory.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 10.
[144J.10] DECEPTIVE MARKETING AND BUSINESS PRACTICES
PROHIBITED.
(a) For the purposes of this section, "provider" includes an assisted living establishment
and an affiliated home care provider.
(b) Deceptive marketing and business practices by providers are prohibited. No employee
or agent of any provider may:
(1) make any false, fraudulent, deceptive, or misleading statements or representations,
or material omissions, in marketing, advertising, or any other description or representation
of care or services;
(2) fail to inform a resident in writing of any limitations to care services available prior
to executing an assisted living contract or home care service agreement; or
(3) advertise or represent that the assisted living establishment has a special care unit,
such as for dementia or memory care, without:
(i) complying with disclosure requirements under sections 325F.72 and any training
requirements required by law or rule; and
(ii) after July 1, 2020, meeting and complying with all the requirements under chapter
144I and any adopted rules.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 11.
[144J.11] NO DISCRIMINATION BASED ON SOURCE OF PAYMENT.
Assisted living establishments and affiliated home care providers must, regardless of
the source of payment and for all persons seeking to reside or residing in the assisted living
establishment:
(1) provide equal access to quality care; and
(2) establish, maintain, and implement identical policies and practices regarding residency,
transfer, and provision and termination of services.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 12.
[144J.12] ASSESSMENT OF RESIDENTS.
(a) For each prospective resident, an assisted living establishment must conduct an initial
assessment to determine the person's physical, cognitive, social, and service needs, and
propose a plan for care and services based on the assessment, before the earlier of the date
the prospective resident:
(1) enters into an assisted living contract under section 144J.02; or
(2) moves in.
(b) An assisted living establishment must conduct ongoing physical, cognitive, social,
and service assessments to identify changes in the resident's conditions and indicate necessary
changes in the resident's plan for care and services based on the assessment.
(c) The portion of the assessment that involves the prospective resident or resident's
physical and cognitive condition must be conducted by a registered nurse, as required by
applicable home care licensure requirements in chapter 144A and sections 148.171 to
148.285. The social and service components must be conducted by a qualified professional.
(d) The prospective resident has the right to participate in the care and service planning
process and may include the prospective resident's designated representative, one or more
family members, any health care and social service professionals of the resident's choosing,
and the prospective resident's home care provider.
(e) The commissioner must adopt rules establishing assessment standards.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 13.
[144J.13] ASSISTED LIVING ESTABLISHMENTS; INVOLUNTARY
DISCHARGES AND SERVICE TERMINATIONS.
Subdivision 1.
Definition.
"Termination of housing or services" means an involuntary
discharge, eviction, transfer, or service termination.
Subd. 2.
Prerequisite to termination of housing or services.
Before involuntarily
terminating a resident's housing or services, an assisted living establishment must explain
in detail the reasons for the termination and work with the resident, the resident's designated
representative, the resident's family, applicable agencies, and any relevant health-related or
social service professionals to identify and offer reasonable accommodations, interventions,
or alternatives to avoid the termination.
Subd. 3.
Permissible reasons to terminate housing or services.
(a) An assisted living
establishment is prohibited from involuntarily terminating housing or services for grounds
other than those specified in paragraphs (b) and (c).
(b) A resident's housing or services may not be involuntarily terminated except upon a
written determination, supported by documentation, by the assisted living administrator that
termination is necessary because:
(1) it is mandated by law or court order;
(2) the resident has engaged in a documented pattern of conduct that:
(i) endangers the resident's own health, safety, or well-being;
(ii) endangers the health or safety of other residents or staff of the assisted living
establishment or affiliated home care provider;
(iii) repeatedly and substantially interferes with the rights, health, safety, or well-being
of other residents; or
(3) the resident has committed any of the acts enumerated under section 504B.171,
subdivision 1.
(c) A resident's housing or services may be involuntarily terminated if the needs of the
resident exceed the scope of the services for which the resident contracted for or, after July
1, 2020, exceed the scope of the assisted living establishment's license, only:
(1) upon a certification by the assisted living establishment administrator, based on an
evaluation by a disinterested, licensed health care professional; and
(2) if the resident's needs cannot be safely met by reasonable accommodations,
interventions, or alternatives.
(d) An assisted living establishment may initiate discharge, eviction, transfer, or
termination of home care services procedures for nonpayment, provided the assisted living
establishment:
(1) makes reasonable efforts to accommodate temporary financial hardship and provide
information on government or private subsidies that may be available;
(2) timely responds to county social service agency questions regarding Medicaid or
other public benefit eligibility and payment process; and
(3) provides the notice required under subdivision 4 to the ombudsman for long-term
care.
A temporary interruption in benefits does not constitute nonpayment.
(e) When an affiliated home care provider voluntarily discontinues services to all
residents, the affiliated home care provider must notify the commissioner, lead agencies,
and ombudsman for long-term care about the residents and comply with the requirements
of subdivisions 4 and 5.
Subd. 4.
Advance notice required.
An assisted living establishment must provide at
least 30 days' advance notice to the resident and the ombudsman for long-term care of a
termination of housing or services, except as provided in subdivision 6.
Subd. 5.
Content of notice.
The notice required under subdivision 4 must contain, at a
minimum:
(1) the effective date of termination of housing or services;
(2) a detailed explanation of the basis for the termination, including but not limited to
clinical or other supporting rationale;
(3) a list of known assisted living establishments and unaffiliated home care providers
in the immediate geographic area;
(4) a statement that the resident has the right to appeal the termination, an explanation
of how and to whom to appeal, and contact information for the Office of Administrative
Hearings;
(5) information on how to contact the ombudsman for long-term care;
(6) if the resident must relocate, a statement that the assisted living establishment must
actively participate in a coordinated transfer of care of the resident to another provider or
caregiver, as required under subdivision 8.
(7) the name and contact information of a person employed by the assisted living
establishment with whom the resident may discuss the notice of termination of housing or
services; and
(8) if the termination is for services, a statement, if applicable, that the notice of
termination of services does not constitute a termination of housing or an eviction from the
resident's home, and that the resident has the right to remain in the assisted living
establishment if the resident can secure necessary home care services from an unaffiliated
home care provider.
Subd. 6.
Exception for emergencies.
(a) An assisted living establishment may relocate
a resident from an assisted living establishment with less than 30 days' notice if:
(1) emergency relocation is ordered by the resident's physician; or
(2) the assisted living administrator, based on documented evidence, determines that the
resident needs to be immediately relocated because the resident or another resident or staff
member of the assisted living establishment is at imminent risk of:
(i) death;
(ii) life-threatening harm;
(iii) substantial harm, as that term is defined in section 609.02, subdivision 7a; or
(iv) great bodily harm, as that term is defined in section 609.02, subdivision 8.
(b) An assisted living establishment relocating a resident under this subdivision must:
(1) ensure that the resident is moved to a safe and appropriate location; and
(2) immediately notify the ombudsman for long-term care and the resident's designated
representative or, if no designated representative and if known, a family member or interested
person:
(i) that the resident has been relocated;
(ii) the reason for the relocation; and
(iii) the name, address, telephone number, and any other relevant contact information
of the location to which the resident has been transferred; and
(3) upon removal of the conditions precipitating the emergency transfer, work and
coordinate with the resident or the resident's designated representative and family, if
applicable, to enable the resident to return to the assisted living establishment or, if return
is not feasible or if any of the conditions under subdivision 3 exist, provide the resident with
all the rights available under this section.
Subd. 7.
Right to appeal termination of housing or services.
(a) A resident or resident's
designated representative has the right to appeal a termination of housing or services and
request a hearing from the Office of Administrative Hearings. An appeal must be filed, in
writing, to the Office of Administrative Hearings.
(b) The Office of Administrative Hearings must conduct an expedited hearing as soon
as practicable after the office receives the request. The hearing must be held at the assisted
living establishment where the resident lives, unless it is impractical, or the parties agree
to a different place.
(c) The assisted living establishment bears the burden of proof to establish the termination
of housing or services is permissible.
(d) During the pendency of an appeal and until a final determination is made by the
Office of Administrative Hearings:
(1) housing or services may not be terminated; and
(2) the resident must be readmitted if the resident was hospitalized for medical necessity.
(e) The commissioner of health may order the assisted living establishment to rescind
the termination of housing and services if the termination was in violation of state or federal
law.
(f) Nothing in this section limits the right of a resident or the resident's designated
representative to request or receive assistance from the ombudsman for long-term care and
the protection and advocacy agency concerning the termination of housing or services.
Subd. 8.
Discharge planning.
(a) Unless the resident or the designated representative
indicates a desire to assume full control of arranging the resident's relocation, the assisted
living establishment from which a resident must relocate under this section:
(1) has an affirmative duty to ensure a coordinated and orderly transfer of the resident
to a safe location that is appropriate for the resident; and
(2) must consult and cooperate with the resident, the resident's designated representative,
family members, any interested professionals, and applicable agencies to make arrangements
to relocate the resident.
(b) The assisted living establishment must prepare a written relocation plan. The plan
must:
(1) contain all necessary steps to be taken to reduce transfer trauma; and
(2) specify the measures to be taken until relocation to protect the resident and meet the
resident's health and safety needs.
(c) An assisted living establishment may not relocate the resident unless the place to
which the resident is to be relocated indicates it will accept the resident.
(d) An assisted living establishment must timely convey the resident's records and any
medication for which it is responsible to the location to which the resident will be transferred.
(e) An assisted living establishment must notify the ombudsman for long-term care, the
Department of Health, and, if the resident is a vulnerable adult as defined in section 626.5572,
subdivision 21, adult protective services, if:
(1) the resident whose housing or services are being terminated does not have a designated
representative, family member, an agency responsible for the resident's placement, or any
other person who agrees to assist with or assumes responsibility for the relocation; or
(2) a safe and appropriate relocation place for the resident whose housing or services
are being terminated cannot be found.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 14.
[144J.14] FORCED ARBITRATION.
(a) An assisted living establishment must affirmatively disclose to the resident any forced
arbitration provision in an assisted living contract that precludes, limits, or delays the ability
of a resident from taking a civil action. For contracts entered into on or after July 1, 2020,
forced arbitration provisions must be conspicuously disclosed in a contract.
(b) A forced arbitration requirement must not include a choice of law or choice of venue
provision. Assisted living contracts must adhere to Minnesota law and any other applicable
federal or local law. Any civil actions by any litigant must be taken in Minnesota courts.
(c) A forced arbitration provision must not be unconscionable. All or the portion of a
forced arbitration provision found by a court to be unconscionable shall have no effect on
the remaining provisions, terms, or conditions of the contract.
EFFECTIVE DATE.
This section is effective August 1, 2019, for contracts entered
into on or after that date.
Sec. 15.
[144J.15] PRIVATE ENFORCEMENT OF RIGHTS.
(a) For a violation of section 144J.06, subdivisions 9, 16, 19, or 20, or 144J.09, a resident
or resident's legal 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.
(b) For a violation of section 144J.10, 144J.11, or 144J.14, 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.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 16.
[144J.16] APPLICABILITY OF OTHER LAWS.
(a) Assisted living establishments are subject to and must comply with chapter 504B.
(b) Housing with services establishments who operate under title protection under chapter
144G and, after July 1, 2020, all licensed assisted living establishments must comply with
section 325F.72.
(c) Assisted living establishments are not required to obtain a lodging license under
chapter 157 and related rules.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 17.
Minnesota Statutes 2018, section 325F.72, subdivision 4, is amended to read:
Subd. 4.
Remedy.
The attorney general may seek the remedies set forth in section 8.31
for repeated and intentional violations of this section. However, no private right of action
may be maintained as provided under section 8.31, subdivision 3a.
Sec. 18. REPEALER.
(a)
Minnesota Statutes 2018, sections 144A.44; 144A.441; 144A.442; 144D.07; 144G.03,
subdivision 6; and 144G.04,
are repealed effective August 1, 2019.
(b)
Minnesota Statutes 2018, sections 144D.04, subdivisions 2 and 3; and 144D.045,
are repealed effective January 1, 2020.
ARTICLE 2
NURSING HOMES
Section 1.
Minnesota Statutes 2018, section 144.651, subdivision 1, is amended to read:
Subdivision 1.
Legislative intent.
It is the intent of the legislature and the purpose of
this section to promote the interests and well being of the patients and residents of health
care facilities. No health care facility may require a patient or resident to waive these rights
as a condition of admission to the facility. Any designated representative, guardian, or
conservator of a patient or resident or, in the absence of a guardian or conservator, an
interested person, may seek enforcement of these rights on behalf of a patient or resident.
An interested person A designated representative may also seek enforcement of these rights
on behalf of a patient or resident who has a guardian or conservator through administrative
agencies or in district court having jurisdiction over guardianships and conservatorships,
under section 144.6512. Pending the outcome of an enforcement proceeding the health care
facility may, in good faith, comply with the instructions of a guardian or conservator. It is
the intent of this section that every patient's civil and religious liberties, including the right
to independent personal decisions and knowledge of available choices, shall not be infringed
and that the facility shall encourage and assist in the fullest possible exercise of these rights.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 2.
Minnesota Statutes 2018, section 144.651, is amended by adding a subdivision to
read:
Subd. 34.
Retaliation prohibited.
(a) A facility may not retaliate against a patient,
resident, or employee if the resident or any person with a familial, personal, legal, or
professional relationship with the patient or resident:
(1) files a complaint or grievance, makes an inquiry, or asserts any right;
(2) indicates an intention to file a complaint or grievance, makes an inquiry, or asserts
any right;
(3) files or indicates an intention to file a maltreatment report, whether mandatory or
voluntary, under section 626.557;
(4) seeks assistance from or reports a reasonable suspicion of a crime or systemic
problems or concerns to the administrator or manager of a facility, the ombudsman for
long-term care, a regulatory or other government agency, or a legal or advocacy organization;
(5) advocates or seeks advocacy assistance for necessary or improved care or services
or enforcement of rights under this section or other law;
(6) takes or indicates an intention to take civil action; or
(7) participates or indicates an intention to participate in any investigation or
administrative or judicial proceeding.
(b) For purposes of this subdivision, "facility" includes an agent of the facility.
(c) For the purposes of this subdivision, to "retaliate" against a patient or resident includes
but is not limited to any of the following actions taken or threatened by the facility against
a patient or resident, or any person with a familial, personal, legal, or professional relationship
with the patient or resident:
(1) discharge, transfer, or termination of services;
(2) the imposition of discipline, punishment, or a sanction or penalty;
(3) any form of discrimination;
(4) restricting or prohibiting access:
(i) of the patient or resident to the facility or visitors; or
(ii) of a family member or a person with a personal, legal, or professional relationship
with the patient or resident, to the patient or resident;
(5) imposition of involuntary seclusion or withholding food, care, or services;
(6) restriction of any of the rights granted to patients and residents under state or federal
law;
(7) restriction or reduction of access to or use of amenities, care, services, privileges, or
living arrangements;
(8) arbitrary increase in charges or fees; or
(9) removal, tampering with, or deprivation of technology, communication, or electronic
monitoring devices.
(d) For purposes of this subdivision, to "retaliate" against an employee includes but is
not limited to any of the following actions taken or threatened by the facility:
(1) discharge or transfer;
(2) demotion or refusal to promote;
(3) reduction in compensation, benefits, or privileges;
(4) the imposition of discipline, punishment, or a sanction or penalty; or
(5) any form of discrimination.
(e) There is a rebuttable presumption that any action described in paragraph (b) or (c)
and taken within 90 days of an initial action described in paragraph (a) is retaliatory.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 3.
[144.6512] ENFORCEMENT OF THE HEALTH CARE BILL OF RIGHTS
BY NURSING HOME RESIDENTS.
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, subdivisions 14, 20, 26, 30, and 34.
EFFECTIVE DATE.
This section is effective August 1, 2019.
ARTICLE 3
HOUSING WITH SERVICES ESTABLISHMENTS
Section 1.
Minnesota Statutes 2018, section 144D.01, subdivision 2a, is amended to read:
Subd. 2a.
Arranged Affiliated home care provider.
"Arranged Affiliated home care
provider" means a home care provider licensed under chapter 144A or a home management
provider registered under section 144A.482 that provides supportive services to some or all
of the residents of a housing with services establishment and that is either the establishment
itself or another entity with which the establishment has an arrangement under a business
relationship or other affiliation with the establishment.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 2.
Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:
Subd. 2b.
Client.
"Client" means a person to whom an unaffiliated home care provider
provides supportive services.
Sec. 3.
Minnesota Statutes 2018, section 144D.01, subdivision 4, is amended to read:
Subd. 4.
Housing with services establishment or establishment.
(a) "Housing with
services establishment" or "establishment" means:
(1) an establishment providing sleeping accommodations to one or more adult residents,
at least 80 percent of which are 55 years of age or older, and offering or providing, for a
fee, one or more regularly scheduled health-related services or two or more regularly
scheduled supportive services, whether offered or provided directly or by the establishment
or by another entity arranged for by the establishment; or an affiliated home care provider.
(2) an establishment that registers under section 144D.025.
(b) Housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified as defined in section 144.50, subdivision 2;
(3) a boarding care home, or as defined in Minnesota Rules, part 4655.0010, subpart 3;
(4) a supervised living facility licensed under sections 144.50 to 144.56, as defined in
Minnesota Rules, part 4665.0100, subpart 10;
(3) (5) a board and lodging establishment licensed under chapter chapters 157 and 245G,
or governed under Minnesota Rules, parts 9520.0500 to 9520.0670, or under chapter 245D
or 245G;
(6) an assisted living establishment, as defined in section 144I.01, subdivision 6, that is
not a housing with services establishment;
(4) a board and lodging (7) any establishment which that serves as a shelter for battered
women or other similar purpose;
(5) a family (8) adult foster care home licensed by the Department of Human Services;
(6) (9) private homes in which the residents are related by kinship, law, or affinity with
the providers of services;
(7) (10) residential settings for persons with developmental disabilities in which the
services are licensed under chapter 245D;
(8) (11) a home-sharing arrangement such as when an elderly or disabled, including but
not limited to arrangements where an older person or person with a disability or single-parent
family makes lodging in a private residence available to another person in exchange for
services or rent, or both;
(9) (12) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing organized under chapter 515B where at least 80 percent
of the units that comprise the condominium, cooperative, or common interest community
are occupied by individuals who are the owners, members, or shareholders of the units;
(10) (13) services for persons with developmental disabilities that are provided under a
license under chapter 245D; or
(11) (14) a temporary family health care dwelling as defined in sections 394.307 and
462.3593.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 4.
Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:
Subd. 4a.
Resident.
"Resident" means a person living in a housing with services
establishment.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 5.
Minnesota Statutes 2018, section 144D.01, subdivision 5, is amended to read:
Subd. 5.
Supportive services.
"Supportive services" means help with personal laundry,
handling or assisting with personal funds of residents, or arranging for medical services,
health-related services, social services,:
(1) assistance with laundry, shopping, and household chores;
(2) housekeeping services;
(3) provision or assistance with meals or food preparation;
(4) help with arranging for, or arranging transportation to, medical, social, recreational,
personal, or social services appointments; or
(5) provision of social or recreational services.
Arranging for services does not include making referrals, assisting a resident in contacting
a service provider of the resident's choice, or contacting a service provider in an emergency.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 6.
Minnesota Statutes 2018, section 144D.01, is amended by adding a subdivision to
read:
Subd. 8.
Unaffiliated home care provider.
"Unaffiliated home care provider" means
a home care provider licensed under chapter 144A or a home management provider registered
under section 144A.482 that is regularly engaged for a fee in the delivery of one or more
home care services directly to a client in any setting, including supportive services to a
resident of a housing with services establishment, provided the home care provider has no
business relationship or affiliation with the housing with services establishment in which
the client contracting for or receiving supportive services resides.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 7.
Minnesota Statutes 2018, section 144D.015, is amended to read:
144D.015 DEFINITION FOR PURPOSES OF LONG-TERM CARE INSURANCE.
For purposes of consistency with terminology commonly used in long-term care insurance
policies and notwithstanding chapter 144G, a housing with services establishment that is
registered under section 144D.03 and that holds, or makes arrangements with an individual
or entity that holds any type of home care license and all other licenses, permits, registrations,
or other governmental approvals legally required for delivery of the services the establishment
offers or provides to its residents, constitutes an "assisted living establishment," an "assisted
living facility," or "assisted living residence."
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 8.
Minnesota Statutes 2018, section 144D.02, is amended to read:
144D.02 REGISTRATION REQUIRED.
No entity may establish, operate, conduct, or maintain a housing with services
establishment in this state without registering and operating as required in sections 144D.01
to 144D.06 144D.11. After July 1, 2020, a housing with services establishment, either
directly or through an affiliated home care provider, may provide only supportive services.
No housing with services establishment may offer or provide services that require an assisted
living license under chapter 144I.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 9.
Minnesota Statutes 2018, section 144D.04, subdivision 1, is amended to read:
Subdivision 1.
Contract required.
No housing with services establishment may operate
in this state unless a written housing with services contract, as defined in subdivision 2,
satisfying the requirements of section 144J.02 is executed between the establishment and
each resident or resident's representative and unless the establishment operates in accordance
with the terms of the contract. The resident or the resident's representative shall be given a
complete copy of the contract and all supporting documents and attachments and any changes
whenever changes are made.
EFFECTIVE DATE.
This section is effective January 1, 2020.
Sec. 10.
Minnesota Statutes 2018, section 144D.05, is amended to read:
144D.05 AUTHORITY OF COMMISSIONER.
The commissioner shall, upon receipt of information which may indicate the failure of
the housing with services establishment, a resident, a resident's representative, or a service
provider to comply with a legal requirement to which one or more of them may be subject,
make appropriate referrals to other governmental agencies and entities having jurisdiction
over the subject matter. The commissioner may also make referrals to any public or private
agency the commissioner considers available for appropriate assistance to those involved.
The commissioner shall have standing to bring an action for injunctive relief in the
district court in the district in which an establishment is located to compel the housing with
services establishment to meet the requirements of this chapter or other requirements of the
state or of any county or local governmental unit to which the establishment is otherwise
subject. Proceedings for securing an injunction may be brought by the commissioner through
the attorney general or through the appropriate county attorney. The sanctions in this section
do not restrict the availability of other sanctions all the authority and power vested under
chapters 144 and 144I.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 11.
Minnesota Statutes 2018, section 144D.06, is amended to read:
144D.06 OTHER LAWS.
In addition to registration under this chapter, a housing with services establishment must
comply with chapter 504B and the provisions of section 325F.72, and shall obtain and
maintain all other licenses, permits, registrations, or other governmental approvals required
of it. A housing with services establishment is not required to obtain a lodging license under
chapter 157 and related rules.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 12.
Minnesota Statutes 2018, section 144D.09, is amended to read:
144D.09 TERMINATION OF LEASE HOUSING OR SUPPORTIVE SERVICES.
Subdivision 1.
Prerequisite to termination of housing or supportive services.
The
housing with services establishment shall include with notice of termination of lease
information about how to contact the ombudsman for long-term care, including the address
and telephone number along with a statement of how to request problem-solving assistance.
Before involuntarily terminating a resident's housing or supportive services, whether provided
directly or through an affiliated home care provider, a housing with services establishment
must explain in detail the reasons for the termination and work with the resident, the resident's
representative, the resident's family, applicable agencies, and any professionals to identify
and offer reasonable accommodations, interventions, or alternatives to avoid termination
of housing or supportive services.
Subd. 2.
Advance notice required.
A housing with services establishment must provide
at least 30 days' advance notice to the resident of a termination of housing or supportive
services, except as provided in subdivision 4.
Subd. 3.
Content of notice.
The notice required under subdivision 2 must contain, at a
minimum:
(1) the effective date of termination;
(2) the reason or reasons for termination;
(3) a list of known housing with services establishments and unaffiliated home care
providers in the immediate geographic area;
(4) the name and contact information of a person employed by the housing with services
establishment with whom the resident may discuss the notice of termination;
(5) information about how to contact the ombudsman for long-term care, including the
address and telephone number along with a statement of how to request problem-solving
assistance; and
(6) if the termination is for supportive services, a statement, if applicable, that the notice
of termination of supportive services does not constitute a termination of housing or an
eviction from the resident's housing, and that the resident has the right to remain in the
housing with services establishment if the resident can secure necessary supportive services
from an unaffiliated home care provider.
Subd. 4.
Exception for emergencies.
(a) A housing with services establishment may
provide less than 30 days' notice when:
(1) an emergency relocation is ordered by the resident's physician or an advanced practice
registered nurse; or
(2) the resident needs to be immediately relocated because, due to the resident's behavior,
the resident or another resident or staff member of the housing with services establishment
is at imminent risk of:
(i) death;
(ii) life-threatening harm;
(iii) substantial bodily harm, as defined in section 609.02, subdivision 7a; or
(iv) great bodily harm, as defined in section 609.02, subdivision 8.
(b) A housing with services establishment relocating a resident under this subdivision
must:
(1) ensure that the resident is relocated to a safe and appropriate location; and
(2) immediately notify the person or persons representing the resident, or who are in a
familial or other personal relationship with the resident:
(i) that the resident has been relocated;
(ii) the reason for the relocation; and
(iii) the name, address, telephone number, and any other relevant contact information
of the location to which the resident has been transferred.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 13.
Minnesota Statutes 2018, section 144D.10, is amended to read:
144D.10 MANAGER REQUIREMENTS.
(a) The person primarily responsible for oversight and management of a housing with
services establishment, as designated by the owner of the housing with services establishment,
must obtain at least 30 hours of continuing education every two years of employment as
the manager in topics relevant to the operations of the housing with services establishment
and the needs of its tenants. Continuing education earned to maintain a professional license,
such as nursing home administrator license, nursing license, social worker license, and real
estate license, can be used to complete this requirement.
(b) For managers of establishments identified in section 325F.72, this continuing
education must include at least eight hours of documented training on the topics identified
in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
training on these topics for each 12 months of employment thereafter.
(c) For managers of establishments not covered by section 325F.72, but who provide
assisted living services under chapter 144G, this continuing education must include at least
four hours of documented training on the topics identified in section 144D.065, paragraph
(b), within 160 working hours of hire, and two hours of training on these topics for each 12
months of employment thereafter.
(d) (b) A statement verifying compliance with the continuing education requirement
must be included in the housing with services establishment's annual registration to the
commissioner of health. The establishment must maintain records for at least three years
demonstrating that the person primarily responsible for oversight and management of the
establishment has attended educational programs as required by this section.
(e) (c) New managers may must satisfy the initial and document satisfaction of dementia
training requirements by producing written proof of previously completed required training
within the past 18 months adopted by the commissioner in rule.
(f) This section does not apply to an establishment registered under section 144D.025
serving the homeless.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 14.
Minnesota Statutes 2018, section 144D.11, is amended to read:
144D.11 EMERGENCY PLANNING.
(a) Each registered housing with services establishment must meet the following
requirements:
(1) have a written emergency disaster plan that contains a plan for evacuation, addresses
elements of sheltering in-place, identifies temporary relocation sites, and details staff
assignments in the event of a disaster or an emergency;
(2) post an emergency disaster plan prominently;
(3) provide building emergency exit diagrams to all tenants residents upon signing a
lease contract under section 144J.02;
(4) post emergency exit diagrams on each floor; and
(5) have a written policy and procedure regarding missing tenants residents.
(b) Each registered housing with services establishment must provide emergency and
disaster training to all staff during the initial staff orientation and annually thereafter and
must make emergency and disaster training available to all tenants residents annually. Staff
who have not received emergency and disaster training are allowed to work only when
trained staff are also working on site.
(c) Each registered housing with services location must conduct and document a fire
drill or other emergency drill at least every six months. To the extent possible, drills must
be coordinated with local fire departments or other community emergency resources.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 15. REPEALER.
Minnesota Statutes 2018, section 144D.09,
is repealed effective August 1, 2019.
ARTICLE 4
ASSISTED LIVING LICENSURE
Section 1.
Minnesota Statutes 2018, section 144.057, subdivision 1, is amended to read:
Subdivision 1.
Background studies required.
The commissioner of health shall contract
with the commissioner of human services to conduct background studies of:
(1) individuals providing services which that have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; residential care homes licensed under
chapter 144B, assisted living establishments licensed under chapter 144J, and board and
lodging establishments that are registered to provide supportive or health supervision services
under section 157.17;
(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A or a boarding
care home licensed under sections 144.50 to 144.58. If the individual under study resides
outside Minnesota, the study must include a check for substantiated findings of maltreatment
of adults and children in the individual's state of residence when the information is made
available by that state, and must include a check of the National Crime Information Center
database;
(3) beginning July 1, 1999, all other employees in assisted living establishments licensed
under chapter 144J, nursing homes licensed under chapter 144A, and boarding care homes
licensed under sections 144.50 to 144.58. A disqualification of an individual in this section
shall disqualify the individual from positions allowing direct contact or access to patients
or residents receiving services. "Access" means physical access to a client or the client's
personal property without continuous, direct supervision as defined in section 245C.02,
subdivision 8, when the employee's employment responsibilities do not include providing
direct contact services;
(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and
(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70.
If a facility or program is licensed by the Department of Human Services and subject to
the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 2.
Minnesota Statutes 2018, section 144.0721, is amended to read:
144.0721 ASSESSMENTS OF CARE AND SERVICES TO NURSING HOME
AND ASSISTED LIVING RESIDENTS.
Subdivision 1.
Appropriateness and quality.
Until the date of implementation of the
revised case mix system based on the minimum data set, the commissioner of health shall
assess the appropriateness and quality of care and services furnished to private paying
residents in assisted living establishments, nursing homes, and boarding care homes that
are certified for participation in the medical assistance program under United States Code,
title 42, sections 1396-1396p. These assessments shall be conducted until the date of
implementation of the revised case mix system with the exception of provisions requiring
recommendations for changes in the level of care provided to the private paying residents.
Subd. 2.
Access to data.
With the exception of summary data, data on individuals that
is collected, maintained, used, or disseminated by the commissioner of health under
subdivision 1 is private data on individuals and shall not be disclosed to others except:
(1) under section 13.05;
(2) under a valid court order;
(3) to the assisted living establishment, nursing home, or boarding care home in which
the individual resided at the time the assessment was completed;
(4) to the commissioner of human services; or
(5) to county home care staff for the purpose of assisting the individual to be discharged
from a nursing home or boarding care home and returned to the community.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 3.
Minnesota Statutes 2018, section 144.122, is amended to read:
144.122 LICENSE, PERMIT, AND SURVEY FEES.
(a) The state commissioner of health, by rule, may prescribe procedures and fees for
filing with the commissioner as prescribed by statute and for the issuance of original and
renewal permits, licenses, registrations, and certifications issued under authority of the
commissioner. The expiration dates of the various licenses, permits, registrations, and
certifications as prescribed by the rules shall be plainly marked thereon. Fees may include
application and examination fees and a penalty fee for renewal applications submitted after
the expiration date of the previously issued permit, license, registration, and certification.
The commissioner may also prescribe, by rule, reduced fees for permits, licenses,
registrations, and certifications when the application therefor is submitted during the last
three months of the permit, license, registration, or certification period. Fees proposed to
be prescribed in the rules shall be first approved by the Department of Management and
Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be
in an amount so that the total fees collected by the commissioner will, where practical,
approximate the cost to the commissioner in administering the program. All fees collected
shall be deposited in the state treasury and credited to the state government special revenue
fund unless otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee for voluntary certification of medical laboratories
and environmental laboratories, and for environmental and medical laboratory services
provided by the department, without complying with paragraph (a) or chapter 14. Fees
charged for environment and medical laboratory services provided by the department must
be approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for diagnostic evaluations
conducted at clinics held by the services for children with disabilities program. All receipts
generated by the program are annually appropriated to the commissioner for use in the
maternal and child health program.
(d) The commissioner shall set license fees for hospitals, assisted living establishments,
and nursing homes that are not boarding care homes at the following levels:
| Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals |
$7,655 plus $16 per bed |
| Non-JCAHO and non-AOA hospitals |
$5,280 plus $250 per bed |
| Nursing home |
$183 plus $91 per bed until June 30, 2018. $183 plus $100 per bed between July 1, 2018, and June 30, 2020. $183 plus $105 per bed beginning July 1, 2020. |
|
Level 1 assisted living establishment |
$....... |
|
Level 2 assisted living establishment |
$....... |
|
Level 3 assisted living establishment |
$....... |
The commissioner shall set license fees for outpatient surgical centers, boarding care
homes, and supervised living facilities at the following levels:
| Outpatient surgical centers |
$3,712 |
| Boarding care homes |
$183 plus $91 per bed |
| Supervised living facilities |
$183 plus $91 per bed. |
Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if
received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017,
or later.
(e) Unless prohibited by federal law, the commissioner of health shall charge applicants
the following fees to cover the cost of any initial certification surveys required to determine
a provider's eligibility to participate in the Medicare or Medicaid program:
| Prospective payment surveys for hospitals |
$ |
900 |
| Swing bed surveys for nursing homes |
$ |
1,200 |
| Psychiatric hospitals |
$ |
1,400 |
| Rural health facilities |
$ |
1,100 |
| Portable x-ray providers |
$ |
500 |
| Home health agencies |
$ |
1,800 |
| Outpatient therapy agencies |
$ |
800 |
| End stage renal dialysis providers |
$ |
2,100 |
| Independent therapists |
$ |
800 |
| Comprehensive rehabilitation outpatient facilities |
$ |
1,200 |
| Hospice providers |
$ |
1,700 |
| Ambulatory surgical providers |
$ |
1,800 |
| Hospitals |
$ |
4,200 |
| Other provider categories or additional resurveys required to complete initial certification |
Actual surveyor costs: average surveyor cost x number of hours for the survey process. |
|
These fees shall be submitted at the time of the application for federal certification and
shall not be refunded. All fees collected after the date that the imposition of fees is not
prohibited by federal law shall be deposited in the state treasury and credited to the state
government special revenue fund.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 4.
Minnesota Statutes 2018, section 144A.18, is amended to read:
144A.18 ADMINISTRATOR'S LICENSES; PENALTY.
No person shall act as a nursing home administrator or assisted living establishment
administrator or purport to be a nursing home administrator or assisted living establishment
administrator unless that person is licensed by the Board of Examiners for Nursing Home
and Assisted Living Establishment Administrators. A violation of this section is a
misdemeanor.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 5.
Minnesota Statutes 2018, section 144A.19, subdivision 1, is amended to read:
Subdivision 1.
Creation; membership.
There is hereby created the Board of Examiners
for Nursing Home and Assisted Living Establishment Administrators which that shall consist
of the following members:
(1) a designee of the commissioner of health who shall be a nonvoting member;
(2) a designee of the commissioner of human services who shall be a nonvoting member;
and
(3) the following members appointed by the governor:
(i) two members actively engaged in the management, operation, or ownership of
proprietary nursing homes and two members actively engaged in the management, operation,
or ownership of assisted living establishments;
(ii) two members actively engaged in the management or operation of nonprofit nursing
homes and two members actively engaged in the management or operation of nonprofit
assisted living establishments;
(iii) one member actively engaged in the practice of medicine;
(iv) one member actively engaged in the practice of professional nursing; and
(v) three public members as defined in section 214.02.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 6.
Minnesota Statutes 2018, section 144A.20, subdivision 1, is amended to read:
Subdivision 1.
Criteria.
The Board of Examiners may issue licenses to qualified persons
as nursing home or assisted living establishment administrators, and shall establish
qualification criteria for nursing home and assisted living establishment administrators. No
license shall be issued to a person as a nursing home or assisted living establishment
administrator unless that person:
(1) is at least 21 years of age and otherwise suitably qualified;
(2) has satisfactorily met standards set by the Board of Examiners, which standards shall
be designed to assure that nursing home and assisted living establishment administrators
will be individuals who, by training or experience are qualified to serve as nursing home
or assisted living establishment administrators; and
(3) has passed an examination approved by the board and designed to test for competence
in the subject matters referred to in clause (2), or has been approved by the Board of
Examiners through the development and application of other appropriate techniques.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 7.
Minnesota Statutes 2018, section 144A.21, is amended to read:
144A.21 ADMINISTRATOR LICENSES.
Subdivision 1.
Transferability.
A nursing home or assisted living establishment
administrator's license shall not be transferable.
Subd. 2.
Rules; renewal.
The Board of Examiners by rule shall establish forms and
procedures for the processing of license renewals. A nursing home or assisted living
establishment administrator's license may be renewed only in accordance with the standards
adopted by the Board of Examiners pursuant to section 144A.24.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 8.
Minnesota Statutes 2018, section 144A.23, is amended to read:
144A.23 JURISDICTION OF BOARD.
Except as provided in section 144A.04, subdivision 5, the board of examiners shall have
exclusive authority to determine the qualifications, skill and fitness required of any person
to serve as an administrator of a nursing home or assisted living establishment. The holder
of a license shall be deemed fully qualified to serve as the administrator of a nursing home
or assisted living establishment.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 9.
Minnesota Statutes 2018, section 144A.24, is amended to read:
144A.24 DUTIES OF THE BOARD.
The Board of Examiners shall:
(1) develop and enforce standards for nursing home and assisted living establishment
administrator licensing, which standards shall be designed to assure that nursing home
administrators will be individuals of good character who, by training or experience, are
suitably qualified to serve as nursing home or assisted living establishment administrators;
(2) develop appropriate techniques, including examinations and investigations, for
determining whether applicants and licensees meet the board's standards;
(3) issue licenses and permits to those individuals who are found to meet the board's
standards;
(4) establish and implement procedures designed to assure that individuals licensed as
nursing home and assisted living establishment administrators will comply with the board's
standards;
(5) receive and investigate complaints and take appropriate action consistent with chapter
214, to revoke or suspend the license or permit of a nursing home or assisted living
establishment administrator or acting administrator who fails to comply with sections
144A.18 to 144A.27 or the board's standards;
(6) conduct a continuing study and investigation of nursing homes, and the administrators
of nursing homes and assisted living establishments within the state, with a view to the
improvement of the standards imposed for the licensing of administrators and improvement
of the procedures and methods used for enforcement of the board's standards; and
(7) approve or conduct courses of instruction or training designed to prepare individuals
for licensing in accordance with the board's standards. Courses designed to meet license
renewal requirements shall be designed solely to improve professional skills and shall not
include classroom attendance requirements exceeding 50 hours per year. The board may
approve courses conducted within or without this state.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 10.
Minnesota Statutes 2018, section 144A.251, is amended to read:
144A.251 MANDATORY PROCEEDINGS.
In addition to its discretionary authority to initiate proceedings under section 144A.24
and chapter 214, the Board of Examiners shall initiate proceedings to suspend or revoke a
nursing home or assisted living establishment administrator license or shall refuse to renew
a license if within the preceding two-year period the administrator was employed at a nursing
home which or assisted living establishment that during the period of employment incurred
the following number of uncorrected violations, which violations were in the jurisdiction
and control of the administrator and for which a fine was assessed and allowed to be
recovered:
(1) two or more uncorrected violations which created an imminent risk of harm to a
nursing home resident; or
(2) ten or more uncorrected violations of any nature.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 11.
Minnesota Statutes 2018, section 144A.2511, is amended to read:
144A.2511 COSTS; PENALTIES.
If the Board of Examiners has initiated proceedings under section 144A.24 or 144A.251
or chapter 214, and upon completion of the proceedings has found that a nursing home or
assisted living establishment administrator has violated a provision or provisions of sections
144A.18 to 144A.27, it may impose a civil penalty not exceeding $10,000 for each separate
violation, with all violations related to a single event or incident considered as one violation.
The amount of the civil penalty shall be fixed so as to deprive the nursing home or assisted
living establishment administrator of any economic advantage gained by reason of the
violation charged or to reimburse the board for the cost of the investigation and proceeding.
For purposes of this section, the cost of the investigation and proceeding may include, but
is not limited to, fees paid for services provided by the Office of Administrative Hearings,
legal and investigative services provided by the Office of the Attorney General, court
reporters, witnesses, and reproduction of records.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 12.
Minnesota Statutes 2018, section 144A.26, is amended to read:
144A.26 RECIPROCITY WITH OTHER STATES.
The board of examiners may issue a nursing home or assisted living establishment
administrator's license, without examination, to any person who holds a current license as
a nursing home or assisted living establishment administrator from another jurisdiction if
the board finds that the standards for licensure in the other jurisdiction are at least the
substantial equivalent of those prevailing in this state and that the applicant is otherwise
qualified.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 13.
Minnesota Statutes 2018, section 144A.27, is amended to read:
144A.27 ACTING ADMINISTRATORS.
If a licensed nursing home or assisted living establishment administrator is removed
from the position by death or other unexpected cause, the controlling persons of the nursing
home suffering the removal may designate an acting nursing home or assisted living
establishment administrator who shall secure an acting administrator's permit within 30
days of appointment as the acting administrator.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 14.
[144I.01] DEFINITIONS.
Subdivision 1.
Administrator.
"Administrator" means a person who administers,
manages, supervises, or is in general administrative charge of an assisted living establishment,
whether or not the individual has an ownership interest in the assisted living establishment,
and whether or not the person's functions and duties are shared with one or more individuals,
and who is licensed under chapter 144A.
Subd. 2.
Adult.
"Adult" means a person who is at least 18 years of age.
Subd. 3.
Affiliated home care provider.
"Affiliated home care provider" means a home
care provider licensed under chapter 144A that provides home care services to residents of
an assisted living establishment under a business relationship or other affiliation with an
assisted living establishment.
Subd. 4.
Applicant.
"Applicant" means the assisted living establishment.
Subd. 5.
Assisted living establishment.
(a) "Assisted living establishment" means an
entity that, for a fee, provides sleeping accommodations to one or more adults and offers
or provides, directly or through an affiliated home care provider, home care services to any
resident in the establishment.
(b) Assisted living establishment does not include:
(1) shelters, transitional housing, or any other residential units serving exclusively or
primarily homeless individuals, as defined in section 116L.361;
(2) a housing with services establishment registered under chapter 144D;
(3) a hospital, as defined in section 144.50, subdivision 2;
(4) a boarding care home, as defined in Minnesota Rules, part 4655.0100, subpart 3;
(5) a supervised living facility, as defined in Minnesota Rules, part 4665.0100, subpart
10;
(6) a board and lodging establishment licensed under chapter 157 or 245G, or governed
under Minnesota Rules, parts 9520.0500 to 9520.0670;
(7) any establishment that serves as a shelter for battered women or other similar purpose;
(8) adult foster care licensed by the Department of Human Services;
(9) private homes in which the residents are related by kinship, law, or affinity to the
providers of services;
(10) residential settings for persons with developmental disabilities in which the services
are licensed under chapter 245D;
(11) a home-sharing arrangement, including but not limited to arrangements where an
older person, person with a disability, or single-parent family makes lodging in a private
residence available to another person in exchange for services or rent, or both;
(12) a condominium, cooperative, common interest community, or owners' association
organized under chapter 515B where at least 80 percent of the units that comprise the
condominium, cooperative, common interest community, or association are occupied by
individuals who are the owners, members, or shareholders of the units; and
(13) services for persons with developmental disabilities that are provided under chapter
245D; or
(14) a temporary family health care dwelling as defined in sections 394.307 and 462.3593.
Subd. 6.
Basic home care services.
"Basic home care services" means:
(1) the services described in section 144A.471, subdivision 6; and
(2) any of the following services:
(i) daily or periodic monitoring or supervision of the resident's functioning and needs
to ensure the resident's well-being;
(ii) provision of meals;
(iii) help with arranging for medical, social, recreational, personal, or social service
appointments, or arranging transportation for medical, social, recreational, personal, or
social service appointments; or
(iv) provision of social or recreational services.
Subd. 7.
Commissioner.
"Commissioner" means the commissioner of health.
Subd. 8.
Comprehensive home care services.
"Comprehensive home care services"
means the services described in section 144A.471, subdivision 7.
Subd. 9.
Controlling person.
(a) "Controlling person" means any business entity, officer,
assisted living establishment administrator, or director whose responsibilities include the
direction of the management or policies of an assisted living establishment. Controlling
person also means any person who, directly or indirectly, beneficially owns any interest in:
(1) any corporation, partnership, or other business association that is a controlling person
of an assisted living establishment;
(2) the land on which an assisted living establishment is located;
(3) the structure in which an assisted living establishment is located;
(4) any mortgage, contract for deed, or other obligation secured in whole or part by the
land or structure comprising an assisted living establishment; or
(5) any lease or sublease of the land, structure, or facilities comprising an assisted living
establishment.
(b) Controlling person does not include:
(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company, unless the entity
directly or through a subsidiary operates an assisted living establishment;
(2) a public or government entity;
(3) an individual state official or state employee, or a member or employee of the
governing body of a political subdivision of the state that operates one or more assisted
living establishments, unless the individual is also an officer or director of an assisted living
establishment, receives any remuneration from an assisted living establishment, or owns
any of the beneficial interests not excluded in this subdivision;
(4) a natural person who is a member of a tax-exempt organization under section 290.05,
subdivision 2, unless the individual is also an officer or director of an assisted living
establishment or owns any of the beneficial interests not excluded in this subdivision; and
(5) a natural person who owns less than five percent of the outstanding common shares
of a corporation:
(i) whose securities are exempt as provided in section 80A.45, clause (6); or
(ii) whose transactions are exempt as provided in section 80A.46, clause (7).
Subd. 10.
Designated representative.
"Designated representative" means:
(1) a court-appointed guardian;
(2) a conservator;
(3) an attorney-in-fact;
(4) a health care agent, as defined in section 145C.01, subdivision 2; or
(5) a person chosen by the resident and identified in the resident's records on file with
the assisted living establishment.
Subd. 11.
Home care service agreement or service agreement.
"Home care service
agreement" or "service agreement" means the written agreement described in section
144A.43, subdivision 27, between a private client or a private client's representative and an
unaffiliated home care provider delineating the home care services that will be provided to
the private client for a fee.
Subd. 12.
Home care services.
"Home care services" means either basic or
comprehensive home care services.
Subd. 13.
Ombudsman.
"Ombudsman" means the ombudsman for long-term care.
Subd. 14.
Plan for care and services.
"Plan for care and services" means the
individualized written record documenting the results of the individualized care and service
planning process based on the assessments described in section 144I.13, subdivision 3.
Subd. 15.
Resident.
"Resident" means a person living in an assisted living establishment.
Subd. 16.
Unaffiliated home care provider.
"Unaffiliated home care provider" means
an individual, organization, association, corporation, or other entity that, for a fee:
(1) has a valid current temporary license or license issued under chapter 144A, or is
exempt from licensure;
(2) is regularly engaged in the delivery of one or more home care services directly to a
resident in any residential setting; and
(3) has no business relationship or affiliation with the assisted living establishment where
the resident receiving services lives.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 15.
[144I.02] LICENSURE; PENALTY.
Subdivision 1.
Licensing levels.
There shall be three levels of licensure of assisted living
establishments. Level 1 licensure is required for all assisted living establishments that offer
basic home care services. Level 2 licensure is required for all assisted living establishments
that offer comprehensive home care services. Level 3 licensure is required for all Level 1
or Level 2 licensed assisted living establishments that offer, provide, advertise, or hold
themselves out by whatever name or descriptor as offering or providing special care for
persons with cognitive impairments, including Alzheimer's disease or other forms of
dementia.
Subd. 2.
License required.
(a) No entity may open, operate, maintain, or advertise itself
as an assisted living establishment unless the entity is licensed as a Level 1 or Level 2
assisted living establishment under this chapter. The commissioner may license an entity
as an assisted living establishment if the entity meets the criteria established under this
chapter, and any adopted rules.
(b) No entity may open, operate, maintain, or advertise itself as an assisted living
establishment that offers, by any name, memory care, dementia care, or special care for
persons with cognitive impairments, including Alzheimer's disease or other forms of
dementia, unless the entity is licensed as a Level 3 assisted living establishment under this
chapter and any adopted rules.
Subd. 3.
Contents of license.
A license must:
(1) include the address of the entity to be licensed and the legal property description;
(2) specify the location and square footage of the floor space constituting the entity;
(3) incorporate by reference the plans and specifications of the entity, which must be
kept on file with the commissioner;
(4) specify the level or levels of care and services that the entity is licensed to provide;
and
(5) state any conditions or limitations imposed on the entity according to the rules of
the commissioner.
Subd. 4.
Home care provider license required.
(a) No assisted living establishment
or affiliated home care provider may offer or provide home care services to a resident unless
the establishment or provider has a valid home care provider license under chapter 144A.
(b) Assisted living establishments providing home care services directly and affiliated
home care providers must comply with sections 144A.471 to 144A.483.
Subd. 5.
Violations; penalty.
(a) Operating an assisted living establishment without a
license is a misdemeanor punishable by a fine imposed by the commissioner by adopted
rule.
(b) A person or entity that, before obtaining a license, advertises an assisted living
establishment that is required to be licensed under this chapter is guilty of a misdemeanor.
(c) A controlling person of an assisted living establishment in violation of this section
is guilty of a misdemeanor. The provisions of this subdivision shall not apply to any
controlling person who had no legal authority to affect or change decisions related to the
operation of the assisted living establishment.
(d) The sanctions in this section do not restrict other available sanctions.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 16.
[144I.03] LICENSE APPLICATION.
Subdivision 1.
Form; requirements.
(a) The commissioner shall establish forms and
procedures for processing assisted living establishment license applications.
(b) An application for an assisted living establishment license must include the following
information for the assisted living establishment:
(1) the business name, street address, mailing address if different from the street address,
and legal property description of the establishment;
(2) the legal name or designation of the establishment and any affiliated home care
provider;
(3) the name, mailing address, which may not be a post office box, e-mail address, and
telephone number of:
(i) all owners, controlling persons, and managerial employees of the assisted living
establishment;
(ii) any affiliated home care provider;
(iii) all officers and members of the governing body, or comparable person for
partnerships, limited liability corporations, or other legal designation for the business
organizational structure of the assisted living establishment;
(iv) the managing agent of the establishment, if different from the owner or owners; and
(v) the on-site manager of the establishment;
(4) disclosure of:
(i) whether any owner, controlling party, managing agent, on-site manager, or controlling
person of the assisted living establishment or any affiliated home care provider has ever
been convicted of a crime or found civilly liable for an offense involving moral turpitude,
including forgery, embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud, or any other similar offense or violation, or any violation of section
626.557 or any other similar law in any other state, or any violation of a federal or state law
or regulation in connection with activities involving any consumer fraud, false advertising,
deceptive trade practices, or similar consumer protection law;
(ii) any judgments, private or public litigation, tax liens, written complaints, administrative
actions, or investigations by any government agency against the applicant or the applicant's
affiliated home care provider, or officer, director or manager of, or shareholder owning
more than five percent interest in the applicant or the applicant's affiliated home care provider
that are unresolved or otherwise filed or commenced within the preceding ten years;
(iii) whether the applicant or the applicant's affiliated home care provider, or any person
employed by the applicant or the applicant's affiliated home care provider, has a record of
defaulting in the payment of money collected for others, including the discharge of debts
through bankruptcy proceedings; and
(iv) whether the applicant or the applicant's home care provider's license or registration
in this or any other state to provide the services for which the applicant seeks to be licensed
has ever been revoked or suspended;
(5) a copy of the architectural and engineering plans and specifications of the facility as
prepared and certified by an architect or engineer registered to practice in this state;
(6) a showing of proof that the establishment is in compliance with the workers'
compensation insurance coverage requirement, as provided under section 176.82;
(7) a showing of proof that the establishment has sufficient liability coverage;
(8) for applicants for a Level 3 license:
(i) verification that the establishment will comply with the requirements of section
325F.72; and
(ii) evidence satisfactory to the commissioner that the assisted living establishment has
met the requirements in rules adopted by the commissioner for qualifications and training
of administrators and staff of Level 3 licensed establishments;
(9) if applicable, evidence satisfactory to the commissioner that the affiliated home care
provider has a current license, as required under section 144A.471, subdivision 1, and meets
all applicable requirements under statute and rule to provide home care services to residents;
and
(10) any other relevant information the commissioner determines is necessary to properly
evaluate an application for license.
(c) An application for any assisted living license must be signed by the owner or owners,
or an authorized agent of the owner or owners. An application submitted on behalf of a
corporation, association, or governmental unit or instrumentality must be signed by at least
two officers or managing agents of that entity.
(d) If the owner of the assisted living establishment is a corporation, an authorized agent
of the corporation must submit copies of articles of incorporation and bylaws and any
amendments as they occur, together with the names and addresses of the assisted living
establishment's officers and directors. If the assisted living establishment is owned by a
foreign corporation, an authorized agent must furnish the commissioner with a copy of the
foreign corporation's certificate of authority to do business in this state.
Subd. 2.
Agents.
(a) An application for any assisted living establishment license or for
renewal of an assisted living establishment license must specify one or more controlling
persons or managerial employees as agents:
(1) who shall be responsible for dealing with the commissioner on all requirements of
this chapter and chapter 144J; and
(2) on whom personal service of all notices and orders shall be made, and who shall be
authorized to accept service on behalf of all of the controlling persons of the assisted living
establishment, in proceedings under this chapter.
(b) Notwithstanding any law to the contrary, personal service on the designated person
or persons named in the application is deemed to be service on all of the controlling persons
or managerial employees of the assisted living establishment, and it is not a defense to any
action arising under this chapter, that personal service was not made on each controlling
person or managerial employee of the assisted living establishment. The designation of one
or more controlling persons or managerial employees under this subdivision shall not affect
the legal responsibility of any other controlling person or managerial employee under this
chapter or chapter 144J.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 17.
[144I.04] LICENSE RENEWALS.
Unless the assisted living establishment license expires or is suspended or revoked under
section 144I.05, a license shall remain effective for a period of one year from the date of
issuance. The commissioner must establish forms and procedures for the processing of
license renewals. The commissioner must approve a license renewal application if the
assisted living establishment continues to satisfy the requirements, standards, and conditions
of this chapter and adopted rules.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 18.
[144I.05] LICENSE SUSPENSION OR REVOCATION; HEARING;
RELICENSING.
Subdivision 1.
Optional proceedings.
The commissioner may institute proceedings to
suspend or revoke any assisted living establishment's license or may refuse to grant or renew
an assisted living establishment's license if any action by a controlling person or employee
of the assisted living establishment:
(1) violates any of the provisions of this chapter, or adopted rules;
(2) permits, aids, or abets the commission of any illegal act;
(3) performs any act contrary to the welfare of a resident of the assisted living
establishment; or
(4) obtains, or attempts to obtain, a license by fraudulent means or misrepresentation.
Subd. 2.
Mandatory proceedings.
(a) The commissioner must initiate proceedings
within 60 days of notification to suspend or revoke an assisted living establishment's license
or must refuse to renew an assisted living establishment's license if within the preceding
two years the assisted living establishment has incurred the following number of uncorrected
or repeated violations:
(1) two or more uncorrected violations or one or more repeated violations that created
an imminent risk to direct resident care or safety; or
(2) four or more uncorrected violations or two or more repeated violations of any nature
for which the fines are in the four highest daily fine categories prescribed in rule.
(b) Notwithstanding paragraph (a), the commissioner is not required to revoke, suspend,
or refuse to renew an assisted living establishment's license if the establishment corrects
the violation.
Subd. 3.
Notice to residents.
(a) Within five working days after proceedings are initiated
by the commissioner to revoke or suspend an assisted living establishment's license, or a
decision by the commissioner not to renew an assisted living establishment's license, the
controlling person of the assisted living establishment or a designee must provide to the
commissioner and the ombudsman for long-term care the names of residents and the names
and addresses of the residents' guardians, designated representatives, and family contacts.
(b) The controlling person or designees of the assisted living establishment must provide
updated information each month until the proceeding is concluded. If the controlling person
or designee of the assisted living establishment fails to provide the information within this
time, the assisted living establishment is subject to the issuance of:
(1) a correction order; and
(2) a penalty assessment by the commissioner in rule.
(c) Notwithstanding section 144I.08, any correction order issued under this subdivision
must require that the assisted living establishment immediately comply with the request for
information and that, as of the date of the issuance of the correction order, the establishment
shall forfeit to the state a $500 fine the first day of noncompliance and an increase in the
$500 fine by $100 increments for each day the noncompliance continues.
(d) Information provided under this subdivision may be used by the commissioner or
the ombudsman for long-term care only for the purpose of providing affected consumers
information about the status of the proceedings.
(e) Within ten working days after the commissioner initiates proceedings to revoke,
suspend, or not renew an assisted living establishment license, the commissioner must send
a written notice of the action and the process involved to each resident of the assisted living
establishment and the resident's designated representative or, if there is no designated
representative and if known, a family member or interested person.
(f) The commissioner shall provide the ombudsman for long-term care with monthly
information on the department's actions and the status of the proceedings.
Subd. 4.
Hearing.
An assisted living establishment license may not be suspended or
revoked, and renewal may not be denied, without a hearing held as a contested case hearing
under chapter 14. The hearing must commence within 60 days after the proceedings are
initiated. If the controlling person of the assisted living establishment designated under
section 144I.03, subdivision 2, as an agent to accept service on behalf of all of the controlling
persons of the assisted living establishment has been notified by the commissioner that the
establishment will not receive an initial license or that a license renewal has been denied,
the controlling person or a legal representative on behalf of the assisted living establishment
may request and receive a hearing on the denial. This hearing shall be held as a contested
case under chapter 14.
Subd. 5.
Mandatory revocation.
Notwithstanding the provisions of subdivision 4, the
commissioner must revoke an assisted living license if a controlling person of the assisted
living establishment is convicted of a felony or gross misdemeanor that relates to operation
of the assisted living establishment or directly affects resident safety or care. The
commissioner shall notify the assisted living establishment and the Office of Ombudsman
for Long-Term Care 30 days in advance of the date of revocation.
Subd. 6.
Relicensing.
If an assisted living establishment license is revoked, a new
application for license may be considered by the commissioner when the conditions upon
which the revocation was based have been corrected and satisfactory evidence of this fact
has been furnished to the commissioner. A new license may be granted after an inspection
has been made and the facility has been found to comply with all provisions of this chapter
and chapter 144J and adopted rules.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 19.
[144I.06] REGULATORY POWERS.
(a) With the exception of the Department of Public Safety, which has the exclusive
jurisdiction to enforce state fire and safety standards, the commissioner is the exclusive
state agency charged with the responsibility and duty of inspecting assisted living
establishments required to be licensed under this chapter and for enforcing adopted rules.
The commissioner has all the powers vested and all the duties assigned with respect to
assisted living establishments as the commissioner has with respect to nursing homes under
sections 144A.10, subdivisions 1 to 6, 6d, 6e, 7, 8, 9, 10, and 17; and 144A.11.
(b) The commissioner may request and must be given access to relevant information,
records, incident reports, or other documents in the possession of a licensed assisted living
establishment if the commissioner considers them necessary for the discharge of
responsibilities. For the purposes of inspections and securing information to determine
compliance with licensure laws and rules, the commissioner need not present a release,
waiver, or consent of the individual. The identities of patients or residents must be kept
private as defined in section 13.02, subdivision 12.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 20.
[144I.07] FEES AND FINES.
(a) Each application for a license and each renewal application to operate an assisted
living establishment must be accompanied by a fee to be prescribed by rule by the
commissioner as provided in section 144.122. No fee shall be refunded. In any assisted
living establishment where home care services are delivered through an affiliated home
care provider, the fee will be applied to the assisted living establishment license only.
(b) The commissioner shall adopt rules to establish a schedule of fines for violations of
this chapter and any applicable rules.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 21.
[144I.08] INJUNCTIVE RELIEF; SUBPOENAS.
Subdivision 1.
Injunctive relief.
In addition to any other remedy provided by law, the
commissioner may bring an action in district court to enjoin a person who is involved in
the management, operation, or control of an assisted living establishment, or an employee
of an assisted living establishment, from illegally engaging in activities regulated by this
chapter and chapter 144J. A temporary restraining order may be granted by the court in the
proceeding if continued activity by the controlling person or employee of the assisted living
establishment would create an imminent risk of harm to a resident of the assisted living
establishment.
Subd. 2.
Subpoenas.
In all matters pending before the commissioner under this chapter,
the commissioner shall have the power to issue subpoenas and compel the attendance of
witnesses and the production of all necessary papers, books, records, documents, and other
evidentiary material. Any person failing or refusing to appear or testify regarding any matter
about which that person may be lawfully questioned or to produce any papers, books,
records, documents, or evidentiary materials in the matter to be heard, after having been
required by order or subpoena of the commissioner to do so, may, upon application by the
commissioner to the district court in any district, be ordered by the court to comply therewith.
The commissioner may issue subpoenas and administer oaths to witnesses, or take their
affirmation. Depositions may be taken within or without the state in the manner provided
by law for the taking of depositions in civil actions. A subpoena or other process or paper
may be served upon any named person anywhere within the state by any officer authorized
to serve subpoenas in civil actions, with the same fees and mileage and in the same manner
as prescribed by law for process issued by the district court of this state. Fees and mileage
and other costs of persons subpoenaed by the commissioner shall be paid in the same manner
as for proceedings in district court.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 22.
[144I.09] TRANSFER OF INTERESTS.
Subdivision 1.
Notice; expiration of license.
Any controlling person who makes any
transfer of a beneficial interest in any assisted living establishment must notify the
commissioner of the transfer within 14 days of its occurrence. The notification must identify
by name and address the transferor and transferee and must specify the nature and amount
of the transferred interest. The commissioner upon determining that the transferred beneficial
interest exceeds ten percent of the total beneficial interest in the assisted living establishment,
the structure in which the facility is located, or the land upon which the structure is located
may require that the license of the assisted living establishment expire 90 days after the day
of transfer. The commissioner upon determining that the transferred beneficial interest
exceeds 50 percent of the total beneficial interest in the establishment, the structure in which
the facility is located, or the land upon which the structure is located must require that the
license of the assisted living establishment expire 90 days after the date of transfer. The
commissioner must notify the assisted living establishment by certified mail of the expiration
of the license at least 60 days prior to the date of expiration.
Subd. 2.
Relicensure.
The commissioner shall prescribe procedures for relicensure under
this section. The commissioner shall relicense the assisted living establishment if the
establishment satisfies the requirements of this chapter and chapter 144J. An assisted living
establishment must not be relicensed by the commissioner if at the time of transfer there
are any uncorrected violations. The commissioner may temporarily waive correction of one
or more violations if the commissioner determines that:
(1) temporary noncorrection of the violation will not create an imminent risk of harm
to any assisted living establishment resident; and
(2) a controlling person of the assisted living establishment on behalf of all other
controlling persons:
(i) has entered into a contract to obtain the materials or labor necessary to correct the
violation, but the supplier or other contractor has failed to perform the terms of the contract
and the inability of the assisted living establishment to correct the violation is due solely to
that failure; or
(ii) is otherwise making a diligent good faith effort to correct the violation.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 23.
[144I.10] ASSISTED LIVING ESTABLISHMENT ADMINISTRATORS.
Each assisted living establishment must employ an administrator who must be licensed
or permitted as an assisted living establishment administrator by the Board of Examiners
for Nursing Home and Assisted Living Establishment Administrators, as provided under
section 144A.18. The assisted living establishment may share the services of a licensed
administrator. The administrator must maintain a sufficient on-site presence in the assisted
living establishment to effectively manage the establishment in compliance with applicable
statutes, rules, and regulations. The administrator must establish procedures and delegate
authority for on-site operations in the administrator's absence, but is ultimately responsible
for the management of the assisted living establishment. Each assisted living establishment
must have posted at all times the name of the administrator and the name of the person in
charge on the premises in the absence of the licensed administrator.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 24.
[144I.11] ADMINISTRATOR OR MANAGERIAL EMPLOYEE
RESTRICTIONS.
Subdivision 1.
Restrictions.
An assisted living establishment may not employ as an
administrator or managerial employee any person who was an administrator or managerial
employee of a nursing home or another assisted living establishment during any period of
time in the previous two-year period:
(1) during which time of employment that nursing home or other assisted living
establishment incurred the following number of uncorrected violations:
(i) two or more uncorrected violations or one or more repeated violations that created
an imminent risk to direct resident care or safety; or
(ii) four or more uncorrected violations or two or more repeated violations of any nature
for which the fines are in the four highest daily fine categories prescribed in rule; or
(2) who, during that period, was convicted of a felony or gross misdemeanor that relates
to the operation of the nursing home or assisted living establishment, or directly affects
resident safety or care.
Subd. 2.
Exception.
The provisions of subdivision 1 do not apply to any violations
incurred that were outside the jurisdiction and control of the managerial employee or the
administrator.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 25.
[144I.12] CONTROLLING PERSON RESTRICTIONS.
Subdivision 1.
Restrictions.
The controlling person of any assisted living establishment
may not include any person who was a controlling person of a nursing home or another
assisted living establishment during any period of time in the previous two-year period:
(1) during which time of control that nursing home or other assisted living establishment
incurred the following number of uncorrected or repeated violations:
(i) two or more uncorrected violations or one or more repeated violations that created
an imminent risk to direct resident care or safety; or
(ii) four or more uncorrected violations or two or more repeated violations of any nature
for which the fines are in the four highest daily fine categories prescribed in rule; or
(2) who, during that period, was convicted of a felony or gross misdemeanor that relates
to the operation of the nursing home or other assisted living establishment, or directly affects
resident safety or care.
Subd. 2.
Exception.
The provisions of subdivision 1 do not apply to any controlling
person of the assisted living establishment who had no legal authority to affect or change
decisions related to the operation of the nursing home or other assisted living establishment
that incurred the uncorrected violations.
Subd. 3.
Stay of adverse action required by controlling person restrictions.
(a) In
lieu of revoking, suspending, or refusing to renew the license of an assisted living
establishment where a controlling person was disqualified by subdivision 1, clause (1), the
commissioner may issue an order staying the revocation, suspension, or nonrenewal of the
assisted living establishment's license. The order may but need not be contingent upon the
assisted living establishment's compliance with restrictions and conditions imposed on the
license to ensure the proper operation of the assisted living establishment and to protect the
health, safety, comfort, treatment, and well-being of the residents in the establishment. The
decision to issue an order for a stay must be made within 90 days of the commissioner's
determination that a controlling person of the assisted living establishment is disqualified
by subdivision 1, clause (1), from operating an assisted living establishment.
(b) In determining whether to issue a stay and to impose conditions and restrictions, the
commissioner must consider the following factors:
(1) the ability of the controlling person to operate other assisted living establishments
in accordance with the licensure rules and laws;
(2) the conditions in the nursing home or assisted living establishment that received the
number and type of uncorrected or repeated violations described in subdivision 1, clause
(1); and
(3) the conditions and compliance history of each of the nursing homes and assisted
living establishments operated by the controlling persons.
(c) The commissioner's decision to exercise the authority under this subdivision in lieu
of revoking, suspending, or refusing to renew the license of the assisted living establishment
is not subject to administrative or judicial review.
(d) The order for the stay of revocation, suspension, or nonrenewal of the assisted living
establishment license must include any conditions and restrictions on the license that the
commissioner deems necessary based upon the factors listed in paragraph (b).
(e) Prior to issuing an order for stay of revocation, suspension, or nonrenewal, the
commissioner shall inform the controlling person in writing of any conditions and restrictions
that will be imposed. The controlling person shall, within ten working days, notify the
commissioner in writing of a decision to accept or reject the conditions and restrictions. If
the assisted living establishment rejects any of the conditions and restrictions, the
commissioner must either modify the conditions and restrictions or take action to suspend,
revoke, or not renew the assisted living establishment's license.
(f) Upon issuance of the order for a stay of revocation, suspension, or nonrenewal, the
controlling person shall be responsible for compliance with the conditions and restrictions
contained therein. Any time after the conditions and restrictions have been in place for 180
days, the controlling person may petition the commissioner for removal or modification of
the conditions and restrictions. The commissioner must respond to the petition within 30
days of the receipt of the written petition. If the commissioner denies the petition, the
controlling person may request a hearing under the provisions of chapter 14. Any hearing
shall be limited to a determination of whether the conditions and restrictions shall be modified
or removed. At the hearing, the controlling person has the burden of proof.
(g) The failure of the controlling person to comply with the conditions and restrictions
contained in the order for stay shall result in the immediate removal of the stay and the
commissioner shall take action to suspend, revoke, or not renew the license.
(h) The conditions and restrictions are effective for two years after the date they are
imposed.
(i) Nothing in this subdivision shall be construed to limit in any way the commissioner's
ability to impose other sanctions against an assisted living establishment licensee under the
standards in state or federal law whether or not a stay of revocation, suspension, or
nonrenewal is issued.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 26.
[144I.13] MINIMUM SERVICES AND STANDARDS.
Subdivision 1.
Generally.
(a) An assisted living establishment must meet the standards
and requirements of this section and offer a package of housing, care, and services that meet
the needs of the residents and for which the resident contracted.
(b) Provided they are within the scope of the license and consistent with this section,
assisted living establishments may:
(1) offer to residents and prospective residents services other than those required as a
minimum;
(2) offer any package of services to residents, provided the package includes those
services required as a minimum; and
(3) offer or provide services directly or through a licensed affiliated home care provider.
(c) Assisted living establishments may offer and provide assisted living services to all
or some of the residents.
Subd. 2.
Housing and safety.
(a) An assisted living establishment must maintain
minimum health, sanitation, safety, and comfort standards prescribed by the commissioner
in adopted rules with respect to the physical plant, equipment, maintenance, and operation
of the assisted living establishment, including standards with respect to evacuation of
ambulatory and nonambulatory residents and controlled egress and secured perimeters for
residents in Level 3 licensed assisted living establishments.
(b) The commissioner may temporarily waive compliance with one or more of the
standards or requirements if the commissioner determines that:
(1) temporary noncompliance with the standard or requirement will not create an
imminent risk of harm to a resident; and
(2) a controlling person of an assisted living establishment on behalf of all other
controlling persons of the establishment:
(i) has entered into a contract to obtain the materials or labor necessary to meet the
standard or requirement established by the commissioner, but the supplier or other contractor
has failed to perform the terms of the contract and the inability of the assisted living
establishment to meet the standard or requirement is due solely to that failure; or
(ii) is otherwise making a diligent good faith effort to meet the standard or requirement.
Subd. 3.
Assessments.
(a) The commissioner must establish by rule assessment standards
and protocols to determine the person's physical, cognitive, social, and service needs. The
rules must provide that the physical and cognitive components of the assessments must be
conducted by a registered nurse, as required by applicable home care licensure requirements
in chapter 144A and sections 148.171 to 148.285, and the social and service components
must be conducted by a qualified professional, with the active participation of the resident.
(b) The assessment prior to move-in must be:
(1) designed to ensure that the licensee can meet the needs and expectations of the
resident;
(2) used to develop the plan for care and services; and
(3) conducted before the earlier of the date the prospective resident enters into an assisted
living contract under section 144J.02 or moves in.
(c) The standards for assessments prior to move-in and ongoing assessments must cover:
(1) the qualifications and training required for persons conducting the social and service
components of the assessments;
(2) the elements of the physical and cognitive evaluation of the resident;
(3) evaluation of activities of daily living, as defined in section 256B.0659, subdivision
1, paragraph (b);
(4) evaluation of instrumental activities of daily living, as defined in section 256B.0659,
subdivision 1, paragraph (i);
(5) evaluation of the resident's medicine administration and management abilities;
(6) any other standards deemed necessary by the commissioner.
(d) The commissioner must develop for use by all licensees a uniform assessment tool
to be completed for all residents prior to the resident's move-in date and at subsequent
intervals as determined by rule and is based on the standards under paragraph (c).
Subd. 4.
Minimum services.
(a) A Level 1 licensee may offer all or a package of basic
home care services that at a minimum must include two meals per day, weekly housekeeping,
and weekly laundry service. A Level 1 licensee may offer therapeutic or other dementia
care services as determined by the commissioner in rule, but may not offer, provide, advertise,
or hold themselves as offering or providing dementia care services that would require a
Level 3 license. A Level 1 licensee may not offer or provide any comprehensive home care
services.
(b) A Level 2 licensee may offer all or a package of comprehensive home care services
that at a minimum must include two meals per day, weekly housekeeping, and weekly
laundry service. A Level 2 licensee may offer therapeutic or other dementia care services
as determined by the commissioner in rule, but may not offer, provide, advertise, or hold
themselves as offering or providing dementia care services that would require a Level 3
license.
(c) A Level 3 licensee must meet the requirements of a Level 2 licensee and may in
addition offer, provide, advertise, or hold themselves as offering or providing dementia care
services. The dementia care services offered or provided must meet the standards established
by the commissioner, by rule, as provided under subdivision 5, and must be provided by
staff who meet the standards established by the commissioner in rule to provide dementia
care services in Level 3 establishments.
Subd. 5.
Staffing and training standards.
(a) Every assisted living establishment must:
(1) provide staff access to an on-call registered nurse 24 hours per day, seven days per
week;
(2) have and maintain a system for delegation of health care activities to unlicensed
personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by applicable home care licensure requirements in chapter 144A and
sections 148.171 to 148.285; and
(3) have a person or persons available 24 hours per day, seven days per week, who is
responsible for responding to the requests of residents for assistance with health or safety
needs, who must be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus
with the assisted living establishment in order to respond within a reasonable amount of
time;
(iii) capable of communicating with residents;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate
assistance; and
(vi) capable of following directions.
(b) The commissioner must establish, by rule, the minimum initial and ongoing training
requirements for staff and administrators of Level 1, Level 2, and Level 3 assisted living
establishments licensed under this chapter, including training on sections 144J.06 to 144J.10
and minimum Alzheimer's disease, dementia, memory, and any other special care training
requirements.
(c) The commissioner must adopt rules that, at a minimum:
(1) require all assisted living establishments to maintain sufficient staffing at all times
to meet the scheduled and reasonably foreseeable unscheduled needs of each resident as
required by the residents' contracts, assessments, and plans for care and services;
(2) establish minimum educational, professional, skills, competency, and experiential
requirements for administrators and staff of assisted living establishments; and
(3) include any additional requirements for licensing or certification of staff who are
health care professionals and who are providing dementia care services in Level 3 assisted
living establishments.
Subd. 6.
Medications.
The commissioner must establish, by rule, standards for Level
1, Level 2, and Level 3 assisted living establishments to provide:
(1) medication administration, as defined in section 144A.43, subdivision 11;
(2) medication management, as defined in section 144A.43, subdivision 12; and
(3) medication storage.
Subd. 7.
Dementia care standards.
The commissioner must establish, by rule, service
and training standards for the care of persons with cognitive impairments, including
Alzheimer's disease and dementia, that are specific for staff and administrators at each level
of licensure. The standards must include, at a minimum:
(1) core criteria;
(2) minimum safety and quality requirements;
(3) assessments;
(4) care planning;
(5) therapeutic activities;
(6) cultural competencies; and
(7) dementia care training curriculum.
Sec. 27.
[144I.14] TRANSFER OF RESIDENTS WITHIN ESTABLISHMENT.
(a) An assisted living establishment must provide for the safe, orderly, and appropriate
transfer of residents within the establishment.
(b) If an assisted living contract permits resident transfers within the assisted living
establishment, the establishment must provide at least 30 days' advance notice of the transfer
to the resident and the resident's designated representative.
(c) In situations where there is a curtailment, reduction, capital improvement, or change
in operations within an assisted living establishment, the establishment must minimize the
number of transfers needed to complete the project or change in operations, consider
individual resident needs and preferences, and provide reasonable accommodation for
individual resident requests regarding the room transfer. The assisted living establishment
must provide notice to the Office of Ombudsman for Long-Term Care and, when appropriate,
the Office of Ombudsman for Mental Health and Developmental Disabilities, in advance
of any notice to residents, residents' designated representatives, and families, when all of
the following circumstances apply:
(1) the transfers of residents within the assisted living establishment are being proposed
due to curtailment, reduction, capital improvements, or change in operations;
(2) the transfers of residents within the assisted living establishment are not temporary
moves to accommodate physical plan upgrades or renovation; and
(3) the transfers involve multiple residents being moved simultaneously.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 28.
[144I.15] REIMBURSEMENT UNDER ASSISTED LIVING SERVICE
PACKAGES.
The requirements for the elderly waiver program's assisted living payment rates under
section 256B.0915, subdivision 3e, shall continue to be effective and providers who do not
meet the requirements of this chapter may continue to receive payment under section
256B.0915, subdivision 3e, as long as the provider continues to meet the definitions and
standards for assisted living and assisted living plus in the federally approved Elderly Home
and Community-Based Services Waiver Program. Providers of assisted living for the
community access for disability inclusion (CADI) and Brain Injury (BI) waivers shall
continue to receive payment as long as the provider continues to meet the definitions and
standards for assisted living and assisted living plus in the federally approved CADI and
BI waiver plans.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 29.
[144I.17] STATE RECEIVERSHIP.
Subdivision 1.
Petition; notice.
(a) In addition to any other remedy provided by law,
the commissioner may petition the district court for an order directing the controlling person
of an assisted living establishment to show cause why the commissioner should not be
appointed receiver to operate the establishment. The petition to the district court shall contain
proof by affidavit that one or more of the following exists:
(1) the commissioner has commenced proceedings to suspend or revoke the state license,
or refuses to renew a license;
(2) violations of this chapter or chapter 144J, adopted rules, or violations of other state
laws or rules create an emergency for the residents of the establishment;
(3) a threat of imminent abandonment by the owner or operator of the assisted living
establishment; or
(4) a pattern of failure to meet ongoing financial obligations such as failing to pay for
food, pharmaceuticals, personnel, or required insurance.
(b) The order to show cause shall be personally served to either the assisted living
establishment or to the person designated as the agent by the controlling person to accept
service on their behalf pursuant to section 144I.03, subdivision 2.
Subd. 2.
Appointment of receiver, rental.
(a) If, after the hearing, the court finds that
receivership is necessary as a means of protecting the health, safety, or welfare of a resident
of the assisted living establishment, the court shall appoint the commissioner as a receiver
to take charge of the establishment. The commissioner may enter into an agreement for a
managing agent to work on the commissioner's behalf in operating the assisted living
establishment during the receivership. The court shall determine a fair monthly rental for
the assisted living establishment, taking into account all relevant factors including the
condition of the establishment. This rental fee shall be paid by the receiver to the appropriate
controlling person for each month that the receivership remains in effect but shall be reduced
by the amount that the cost of the receivership provided under section 256R.52 are in excess
of the establishment rate.
(b) The controlling person may agree to waive the fair monthly rent by affidavit to the
court. Notwithstanding any other law to the contrary, no payment made to a controlling
person of an assisted living establishment by any state agency during a period of receivership
shall include any allowance for profit or be based on any formula that includes an allowance
for profit.
(c) Notwithstanding state contracting requirements in chapter 16C, the commissioner
shall establish and maintain a list of qualified licensed assisted living establishment
administrators, or other qualified persons or organizations with experience in delivering
skilled health care services, home care services, and the operation of long-term care facilities,
for those interested in being a managing agent on the commissioner's behalf during a state
receivership of an establishment. The list will be a resource for choosing a managing agent
and the commissioner may update the list at any time. A managing agent cannot be someone
who:
(1) is the owner, licensee, or administrator of the establishment;
(2) has a financial interest in the assisted living establishment at the time of the
receivership or is a related party to the owner, licensee, or administrator; or
(3) has owned or operated any nursing home, assisted living establishment, or boarding
care home that has been ordered into receivership.
Subd. 3.
Emergency procedure.
If it appears from the petition filed under subdivision
1, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses
under oath when the court determines that this is necessary, that there is probable cause to
believe that an emergency exists in an assisted living establishment requiring the receivership,
the court shall issue a temporary order for appointment of a receiver within two days after
receipt of the petition. Notice of the petition shall be served personally on the assisted living
establishment administrator or on the person designated as the agent by the controlling
person to accept service on their behalf according to section 144I.03, subdivision 2. A
hearing on the petition shall be held within five days after notice is served unless the
administrator or designated agent consents to a later date. After the hearing, the court may
continue, modify, or terminate the temporary order.
Subd. 4.
Powers and duties of receiver.
(a) An assisted living establishment receiver
appointed according to this section shall with all reasonable speed and within 18 months
after the receivership order, determine whether to close the assisted living establishment or
to make other provisions intended to keep it open. If closure is the determination, the
commissioner shall provide for the orderly transfer of all of the assisted living establishment's
residents to other locations according to the relocation procedures required in section
144A.161. During the receivership, the receiver may correct or eliminate those deficiencies
in the assisted living establishment that seriously endanger the life, health, or safety of the
residents unless the correction or elimination of deficiencies involves major alterations in
the physical structure of the assisted living establishment. The receiver shall during this
period operate the assisted living establishment in a manner designed to guarantee the safety
and adequate care of and services to the residents. The receiver shall take no action that
impairs the legal rights of a resident of the assisted living establishment. The receiver has
authority to make contracts and incur lawful expenses. The receiver shall use the building,
fixtures, furnishings, and any accompanying consumable goods in the provision of care and
services to the residents during the receivership period. The receiver shall take action as is
reasonably necessary to protect or conserve the tangible assets or property during
receivership. The receiver shall collect incoming payments from all sources and apply them
to the cost incurred in the performance of the receiver's functions. No security interest in
any real or personal property comprising the assisted living establishment or contained
within it, or in any fixture of the facility, shall be impaired or diminished in priority by the
receiver. The receiver shall pay all valid obligations the assisted living establishment incurred
during the course of the receivership and may pay obligations incurred prior to the
receivership if, in the judgment of the commissioner, these payments must be made to ensure
the health, safety, or welfare of the residents, and shall deduct these expenses from rental
payments owed to any controlling person by virtue of the receivership. The receiver has
authority to hire, direct, manage, and discharge any employees of the assisted living
establishment including the administrator, director of nursing, medical director, manager
of the establishment, or affiliated home care provider.
(b) Nothing in this section shall relieve any owner, operator, or controlling person of an
assisted living establishment placed in receivership of any civil or criminal liability incurred,
or any duty imposed by law, by reason of acts or omissions of the owner, licensee, or
controlling person prior to the order for receivership under this section, nor shall anything
contained in this section be construed to suspend during the receivership any obligation of
the owner, licensee, or controlling person for payment of taxes or other operating and
maintenance expenses of the assisted living establishment nor of the owner, licensee, or
controlling person or any other person for the payment of mortgages or liens.
Subd. 5.
Receiver's fee; liability; commissioner assistance.
The commissioner, as
receiver appointed by the court, may hire a managing agent to work on the commissioner's
behalf to operate the assisted living establishment during the receivership, and that managing
agent is entitled to a reasonable fee. The receiver and its managing agent shall be liable only
in an official capacity for injury to person and property by reason of the conditions of the
assisted living establishment. The receiver and its managing agent shall not be personally
liable, except for gross negligence and intentional acts. The commissioner shall assist the
managing agent in carrying out its duties.
Subd. 6.
Termination.
Receivership imposed pursuant to this section shall terminate
18 months after the date on which it was ordered, or at any other time designated by the
court, or upon the occurrence of any of the following events:
(1) a determination by the commissioner that the assisted living establishment's license
should be renewed or should not be suspended or revoked;
(2) the granting of a new license to the assisted living establishment; or
(3) a determination by the commissioner that all of the residents of the assisted living
establishment have been provided alternative health care or services, either in another
assisted living establishment or otherwise.
Subd. 7.
Postreceivership period; establishment remaining open.
If an assisted living
establishment remains open after the receivership is concluded, a new operator is only
legally responsible under state law for its actions after the receivership has concluded.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 30.
[144I.18] PLACEMENT OF MONITOR.
Subdivision 1.
Authority.
The commissioner may place a person to act as a monitor in
an assisted living establishment in any of the following circumstances:
(1) in any situation for which a receiver may be appointed under section 144I.17; or
(2) when the commissioner determines that violations of this chapter, or sections 144J.06,
144J.07, 144J.08, 144J.09, 144J.12, or 626.557, or rules or regulations adopted under those
provisions, require extended surveillance to enforce compliance or to protect the health,
safety, or welfare of the residents.
Subd. 2.
Duties of monitor.
The monitor shall observe the operation of the assisted
living establishment; provide advice to the establishment on methods of complying with
state law and rules, where documented deficiencies from the law or rules exist; and
periodically shall submit a written report to the commissioner on the ways in which the
assisted living establishment meets or fails to meet state law or rules.
Subd. 3.
Selection of monitor.
The commissioner may select as monitor an employee
of the department or may contract with any other individual to serve as a monitor. The
commissioner must publish a notice in the State Register that requests proposals from
individuals who wish to be considered for placement as monitors and that describes the
criteria for selecting individuals as monitors. The commissioner must maintain a list of
individuals who are not employees of the department who are interested in serving as
monitors. The commissioner may contract with those individuals determined to be qualified.
Subd. 4.
Payment of monitor.
An assisted living establishment in which a monitor is
placed must pay to the department the actual cost associated with the placement, unless
payment would create an undue hardship for the assisted living establishment.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 31.
[144I.19] EXPEDITED RULEMAKING.
The commissioner shall adopt rules to carry out this chapter using the expedited
rulemaking process under section 14.389, including rules establishing standards identified
in sections 144I.13 and 144I.14.
EFFECTIVE DATE.
This section is effective the day following final enactment.
ARTICLE 5
MISCELLANEOUS
Section 1.
Minnesota Statutes 2018, section 144A.4791, subdivision 10, is amended to
read:
Subd. 10.
Termination of service plan.
(a) If a An unaffiliated home care provider
must provide at least 30 days' advance notice of termination of a private client's service
plan.
(b) If an unaffiliated home care provider terminates a service plan with a private client,
and the client continues to need home care services, the home care provider shall provide
the private client and the private client's representative, if any, with a written notice of
termination which includes the following information:
(1) the effective date of termination;
(2) the reason for termination;
(3) a list of known licensed home care providers in the private client's immediate
geographic area;
(4) a statement that the unaffiliated home care provider will participate in a coordinated
transfer of care of the private client to another home care provider, health care provider, or
caregiver, as required by the home care bill of rights, section 144A.44, subdivision 1, clause
(17);
(5) the name and contact information of a person employed by the unaffiliated home
care provider with whom the private client may discuss the notice of termination; and
(6) if applicable, a statement that the notice of termination of home care services does
not constitute notice of termination of the assisted living establishment or housing with
services contract with an assisted living establishment or a housing with services
establishment.
(b) (c) When the unaffiliated home care provider voluntarily discontinues services to
all private clients, the unaffiliated home care provider must notify the commissioner, lead
agencies, and ombudsman for long-term care about its clients and comply with the
requirements in this subdivision.
(d) For the purposes of this subdivision:
(1) "assisted living establishment" has the meaning given in section 144J.01, subdivision
6. Assisted living establishment does not include a housing with services establishment
defined in section 144D.01, subdivision 4; and
(2) "unaffiliated home care provider" has the meaning given in section 144J.01,
subdivision 14.
EFFECTIVE DATE.
This section is effective August 1, 2019.
Sec. 2.
Minnesota Statutes 2018, section 325F.72, subdivision 1, is amended to read:
Subdivision 1.
Persons to whom disclosure is required.
Housing with services
establishments, as defined in sections 144D.01 to 144D.07, (a) Assisted living establishments,
as defined in section 144J.01, subdivision 6, that secure, segregate, or provide a special
program or special unit for residents with a diagnosis of probable Alzheimer's disease or a
related disorder or that advertise, market, or otherwise promote the establishment as providing
specialized care for Alzheimer's disease or a related disorder are considered a "special care
unit." All special care units shall provide a written disclosure to the following:
(1) the commissioner of health, if requested;
(2) the Office of Ombudsman for Long-Term Care; and
(3) each person seeking placement within a residence, or the person's authorized resident's
designated representative, as defined in section 144J.01, subdivision 8, before an agreement
to provide the care is entered into.
EFFECTIVE DATE.
This section is effective July 1, 2020.
Sec. 3. REPEALER.
Minnesota Statutes 2018, sections 144D.01, subdivision 6; 144D.025; 144D.065;
144D.066; 144G.01; 144G.02; 144G.03, subdivisions 1, 2, 3, 4, and 5; 144G.05; and
144G.06,
are repealed effective July 1, 2020.
APPENDIX
Repealed Minnesota Statutes: 19-2549
144A.44 HOME CARE BILL OF RIGHTS.
Subdivision 1.
Statement of rights.
A person who receives home care services has these rights:
(1) the right to receive written information about rights before receiving services, including what to do if rights are violated;
(2) the right to receive care and services according to a suitable and up-to-date plan, and subject to accepted health care, medical or nursing standards, to take an active part in developing, modifying, and evaluating the plan and services;
(3) the right to be told before receiving services the type and disciplines of staff who will be providing the services, the frequency of visits proposed to be furnished, other choices that are available for addressing home care needs, and the potential consequences of refusing these services;
(4) the right to be told in advance of any recommended changes by the provider in the service plan and to take an active part in any decisions about changes to the service plan;
(5) the right to refuse services or treatment;
(6) the right to know, before receiving services or during the initial visit, any limits to the services available from a home care provider;
(7) the right to be told before services are initiated what the provider charges for the services; to what extent payment may be expected from health insurance, public programs, or other sources, if known; and what charges the client may be responsible for paying;
(8) the right to know that there may be other services available in the community, including other home care services and providers, and to know where to find information about these services;
(9) 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, or other health programs;
(10) the right to have personal, financial, and medical information kept private, and to be advised of the provider's policies and procedures regarding disclosure of such information;
(11) the right to access the client's own records and written information from those records in accordance with sections 144.291 to 144.298;
(12) the right to be served by people who are properly trained and competent to perform their duties;
(13) the right to be treated with courtesy and respect, and to have the client's property treated with respect;
(14) the right to be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment of Minors Act;
(15) the right to reasonable, advance notice of changes in services or charges;
(16) the right to know the provider's reason for termination of services;
(17) the right to at least ten days' advance notice of the termination of a service by a provider, except in cases where:
(i) the client engages in conduct that significantly alters the terms of the service plan with the home care provider;
(ii) the client, person who lives with the client, or others create an abusive or unsafe work environment for the person providing home care services; or
(iii) an emergency or a significant change in the client's condition has resulted in service needs that exceed the current service plan and that cannot be safely met by the home care provider;
(18) the right to a coordinated transfer when there will be a change in the provider of services;
(19) the right to complain about services that are provided, or fail to be provided, and the lack of courtesy or respect to the client or the client's property;
(20) the right to know how to contact an individual associated with the home care provider who is responsible for handling problems and to have the home care provider investigate and attempt to resolve the grievance or complaint;
(21) the right to know the name and address of the state or county agency to contact for additional information or assistance; and
(22) the right to assert these rights personally, or have them asserted by the client's representative or by anyone on behalf of the client, without retaliation.
Subd. 2.
Interpretation and enforcement of rights.
These rights are established for the benefit of clients who receive home care services. All home care providers, including those exempted under section 144A.471, must comply with this section. The commissioner shall enforce this section and the home care bill of rights requirement against home care providers exempt from licensure in the same manner as for licensees. A home care provider may not request or require a client to surrender any of these rights as a condition of receiving services. This statement of rights does not replace or diminish other rights and liberties that may exist relative to clients receiving home care services, persons providing home care services, or providers licensed under sections 144A.43 to 144A.482.
144A.441 ASSISTED LIVING BILL OF RIGHTS ADDENDUM.
Assisted living clients, as defined in section 144G.01, subdivision 3, shall be provided with the home care bill of rights required by section 144A.44, except that the home care bill of rights provided to these clients must include the following provision in place of the provision in section 144A.44, subdivision 1, clause (17):
"(17) the right to reasonable, advance notice of changes in services or charges, including at least 30 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 as specified in the employment contract between the home care provider and the individual providing home care services, or creates an abusive or unsafe work environment for the individual providing home care 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 home care provider; or
(iii) the provider has not received payment for services, for which at least ten days' advance notice of the termination of a service shall be provided."
144A.442 ASSISTED LIVING CLIENTS; SERVICE TERMINATION.
If an arranged home care provider, as defined in section 144D.01, subdivision 2a, who is not also Medicare certified terminates a service agreement or service plan with an assisted living client, as defined in section 144G.01, subdivision 3, the home care provider shall provide the assisted living client and the legal or designated representatives of the client, if any, with a written notice of termination which includes the following information:
(1) the effective date of termination;
(2) the reason for termination;
(3) without extending the termination notice period, an affirmative offer to meet with the assisted living client or client representatives within no more than five business days of the date of the termination notice to discuss the termination;
(4) contact information for a reasonable number of other home care providers in the geographic area of the assisted living client, as required by section 144A.4791, subdivision 10;
(5) a statement that the provider will participate in a coordinated transfer of the care of the client to another provider or caregiver, as required by section 144A.44, subdivision 1, clause (18);
(6) the name and contact information of a representative of the home care provider with whom the client may discuss the notice of termination;
(7) a copy of the home care bill of rights; and
(8) a statement that the notice of termination of home care services by the home care provider does not constitute notice of termination of the housing with services contract with a housing with services establishment.
144D.01 DEFINITIONS.
Subd. 6.
Health-related services.
"Health-related services" include professional nursing services, home health aide tasks, or the central storage of medication for residents.
144D.025 OPTIONAL REGISTRATION.
An establishment that meets all the requirements of this chapter except that fewer than 80 percent of the adult residents are age 55 or older, or a supportive housing establishment developed and funded in whole or in part with funds provided specifically as part of the plan to end long-term homelessness required under Laws 2003, chapter 128, article 15, section 9, may, at its option, register as a housing with services establishment.
144D.04 HOUSING WITH SERVICES CONTRACTS.
Subd. 2.
Contents of contract.
A housing with services contract, which need not be entitled as such to comply with this section, shall include at least the following elements in itself or through supporting documents or attachments:
(1) the name, street address, and mailing address of the establishment;
(2) the name and mailing address of the owner or owners of the establishment and, if the owner or owners is not a natural person, identification of the type of business entity of the owner or owners;
(3) the name and mailing address of the managing agent, through management agreement or lease agreement, of the establishment, if different from the owner or owners;
(4) the name and address of at least one natural person who is authorized to accept service of process on behalf of the owner or owners and managing agent;
(5) a statement describing the registration and licensure status of the establishment and any provider providing health-related or supportive services under an arrangement with the establishment;
(6) the term of the contract;
(7) a description of the services to be provided to the resident in the base rate to be paid by the resident, including a delineation of the portion of the base rate that constitutes rent and a delineation of charges for each service included in the base rate;
(8) a description of any additional services, including home care services, available for an additional fee from the establishment directly or through arrangements with the establishment, and a schedule of fees charged for these services;
(9) a conspicuous notice informing the tenant of the policy concerning the conditions under which and the process through which the contract may be modified, amended, or terminated, including whether a move to a different room or sharing a room would be required in the event that the tenant can no longer pay the current rent;
(10) a description of the establishment's complaint resolution process available to residents including the toll-free complaint line for the Office of Ombudsman for Long-Term Care;
(11) the resident's designated representative, if any;
(12) the establishment's referral procedures if the contract is terminated;
(13) requirements of residency used by the establishment to determine who may reside or continue to reside in the housing with services establishment;
(14) billing and payment procedures and requirements;
(15) a statement regarding the ability of a resident to receive services from service providers with whom the establishment does not have an arrangement;
(16) a statement regarding the availability of public funds for payment for residence or services in the establishment; and
(17) a statement regarding the availability of and contact information for long-term care consultation services under section 256B.0911 in the county in which the establishment is located.
Subd. 3.
Contracts in permanent files.
Housing with services contracts and related documents executed by each resident or resident's representative shall be maintained by the establishment in files from the date of execution until three years after the contract is terminated. The contracts and the written disclosures required under section 325F.72, if applicable, shall be made available for on-site inspection by the commissioner upon request at any time.
144D.045 INFORMATION CONCERNING ARRANGED HOME CARE PROVIDERS.
If a housing with services establishment has one or more arranged home care providers, the establishment shall arrange to have that arranged home care provider deliver the following information in writing to a prospective resident, prior to the date on which the prospective resident executes a contract with the establishment or the prospective resident's move-in date, whichever is earlier:
(1) the name, mailing address, and telephone number of the arranged home care provider;
(2) the name and mailing address of at least one natural person who is authorized to accept service of process on behalf of the entity described in clause (1);
(3) a description of the process through which a home care service agreement or service plan between a resident and the arranged home care provider, if any, may be modified, amended, or terminated;
(4) the arranged home care provider's billing and payment procedures and requirements; and
(5) any limits to the services available from the arranged provider.
144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
(a) If a housing with services establishment registered under this chapter has a special program or special care unit for residents with Alzheimer's disease or other dementias or advertises, markets, or otherwise promotes the establishment as providing services for persons with Alzheimer's disease or other dementias, whether in a segregated or general unit, employees of the establishment and of the establishment's arranged home care provider must meet the following training requirements:
(1) supervisors of direct-care staff must have at least eight hours of initial training on topics specified under paragraph (b) within 120 working hours of the employment start date, and must have at least two hours of training on topics related to dementia care for each 12 months of employment thereafter;
(2) direct-care employees must have completed at least eight hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date. Until this initial training is complete, an employee must not provide direct care unless there is another employee on site who has completed the initial eight hours of training on topics related to dementia care and who can act as a resource and assist if issues arise. A trainer of the requirements under paragraph (b), or a supervisor meeting the requirements in clause (1), must be available for consultation with the new employee until the training requirement is complete. Direct-care employees must have at least two hours of training on topics related to dementia for each 12 months of employment thereafter;
(3) staff who do not provide direct care, including maintenance, housekeeping, and food service staff, must have at least four hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date, and must have at least two hours of training on topics related to dementia care for each 12 months of employment thereafter; and
(4) new employees may satisfy the initial training requirements by producing written proof of previously completed required training within the past 18 months.
(b) Areas of required training include:
(1) an explanation of Alzheimer's disease and related disorders;
(2) assistance with activities of daily living;
(3) problem solving with challenging behaviors; and
(4) communication skills.
(c) The establishment shall provide to consumers in written or electronic form a description of the training program, the categories of employees trained, the frequency of training, and the basic topics covered. This information satisfies the disclosure requirements of section 325F.72, subdivision 2, clause (4).
(d) Housing with services establishments not included in paragraph (a) that provide assisted living services under chapter 144G must meet the following training requirements:
(1) supervisors of direct-care staff must have at least four hours of initial training on topics specified under paragraph (b) within 120 working hours of the employment start date, and must have at least two hours of training on topics related to dementia care for each 12 months of employment thereafter;
(2) direct-care employees must have completed at least four hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date. Until this initial training is complete, an employee must not provide direct care unless there is another employee on site who has completed the initial four hours of training on topics related to dementia care and who can act as a resource and assist if issues arise. A trainer of the requirements under paragraph (b) or supervisor meeting the requirements under paragraph (a), clause (1), must be available for consultation with the new employee until the training requirement is complete. Direct-care employees must have at least two hours of training on topics related to dementia for each 12 months of employment thereafter;
(3) staff who do not provide direct care, including maintenance, housekeeping, and food service staff, must have at least four hours of initial training on topics specified under paragraph (b) within 160 working hours of the employment start date, and must have at least two hours of training on topics related to dementia care for each 12 months of employment thereafter; and
(4) new employees may satisfy the initial training requirements by producing written proof of previously completed required training within the past 18 months.
144D.066 ENFORCEMENT OF DEMENTIA CARE TRAINING REQUIREMENTS.
Subdivision 1.
Enforcement.
(a) The commissioner shall enforce the dementia care training standards for staff working in housing with services settings and for housing managers according to clauses (1) to (3):
(1) for dementia care training requirements in section 144D.065, the commissioner shall review training records as part of the home care provider survey process for direct care staff and supervisors of direct care staff, in accordance with section 144A.474. The commissioner may also request and review training records at any time during the year;
(2) for dementia care training standards in section 144D.065, the commissioner shall review training records for maintenance, housekeeping, and food service staff and other staff not providing direct care working in housing with services settings as part of the housing with services registration application and renewal application process in accordance with section 144D.03. The commissioner may also request and review training records at any time during the year; and
(3) for housing managers, the commissioner shall review the statement verifying compliance with the required training described in section 144D.10, paragraph (d), through the housing with services registration application and renewal application process in accordance with section 144D.03. The commissioner may also request and review training records at any time during the year.
(b) The commissioner shall specify the required forms and what constitutes sufficient training records for the items listed in paragraph (a), clauses (1) to (3).
Subd. 2.
Fines for noncompliance.
(a) Beginning January 1, 2017, the commissioner may impose a $200 fine for every staff person required to obtain dementia care training who does not have training records to show compliance. For violations of subdivision 1, paragraph (a), clause (1), the fine will be imposed upon the home care provider, and may be appealed under the contested case procedure in section 144A.475, subdivisions 3a, 4, and 7. For violations of subdivision 1, paragraph (a), clauses (2) and (3), the fine will be imposed on the housing with services registrant and may be appealed under the contested case procedure in section 144A.475, subdivisions 3a, 4, and 7. Prior to imposing the fine, the commissioner must allow two weeks for staff to complete the required training. Fines collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.
(b) The housing with services registrant and home care provider must allow for the required training as part of employee and staff duties. Imposition of a fine by the commissioner does not negate the need for the required training. Continued noncompliance with the requirements of sections 144D.065 and 144D.10 may result in revocation or nonrenewal of the housing with services registration or home care license. The commissioner shall make public the list of all housing with services establishments that have complied with the training requirements.
Subd. 3.
Technical assistance.
From January 1, 2016, to December 31, 2016, the commissioner shall provide technical assistance instead of imposing fines for noncompliance with the training requirements. During the year of technical assistance, the commissioner shall review the training records to determine if the records meet the requirements and inform the home care provider. The commissioner shall also provide information about available training resources.
144D.07 RESTRAINTS.
Residents must be free from any physical or chemical restraints imposed for purposes of discipline or convenience.
144D.09 TERMINATION OF LEASE.
The housing with services establishment shall include with notice of termination of lease information about how to contact the ombudsman for long-term care, including the address and telephone number along with a statement of how to request problem-solving assistance.
144G.01 DEFINITIONS.
Subdivision 1.
Scope; other definitions.
For purposes of sections 144G.01 to 144G.05, the following definitions apply. In addition, the definitions provided in section 144D.01 also apply to sections 144G.01 to 144G.05.
Subd. 2.
Assisted living.
"Assisted living" means a service or package of services advertised, marketed, or otherwise described, offered, or promoted using the phrase "assisted living" either alone or in combination with other words, whether orally or in writing, and which is subject to the requirements of this chapter.
Subd. 3.
Assisted living client; client.
"Assisted living client" or "client" means a housing with services resident who receives assisted living that is subject to the requirements of this chapter.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of health.
144G.02 ASSISTED LIVING; PROTECTED TITLE; REGULATORY FUNCTION.
Subdivision 1.
Protected title; restriction on use.
No person or entity may use the phrase "assisted living," whether alone or in combination with other words and whether orally or in writing, to advertise, market, or otherwise describe, offer, or promote itself, or any housing, service, service package, or program that it provides within this state, unless the person or entity is a housing with services establishment that meets the requirements of this chapter, or is a person or entity that provides some or all components of assisted living that meet the requirements of this chapter. A person or entity entitled to use the phrase "assisted living" shall use the phrase only in the context of its participation in assisted living that meets the requirements of this chapter. A housing with services establishment offering or providing assisted living that is not made available to residents in all of its housing units shall identify the number or location of the units in which assisted living is available, and may not use the term "assisted living" in the name of the establishment registered with the commissioner under chapter 144D, or in the name the establishment uses to identify itself to residents or the public.
Subd. 2.
Authority of commissioner.
(a) The commissioner, upon receipt of information that may indicate the failure of a housing with services establishment, the arranged home care provider, an assisted living client, or an assisted living client's representative to comply with a legal requirement to which one or more of the entities may be subject, shall make appropriate referrals to other governmental agencies and entities having jurisdiction over the subject matter. The commissioner may also make referrals to any public or private agency the commissioner considers available for appropriate assistance to those involved.
(b) In addition to the authority with respect to licensed home care providers under section 144A.45 and with respect to housing with services establishments under chapter 144D, the commissioner shall have standing to bring an action for injunctive relief in the district court in the district in which a housing with services establishment is located to compel the housing with services establishment or the arranged home care provider to meet the requirements of this chapter or other requirements of the state or of any county or local governmental unit to which the establishment or arranged home care provider is otherwise subject. Proceedings for securing an injunction may be brought by the commissioner through the attorney general or through the appropriate county attorney. The sanctions in this section do not restrict the availability of other sanctions.
144G.03 ASSISTED LIVING REQUIREMENTS.
Subdivision 1.
Verification in annual registration.
A registered housing with services establishment using the phrase "assisted living," pursuant to section 144G.02, subdivision 1, shall verify to the commissioner in its annual registration pursuant to chapter 144D that the establishment is complying with sections 144G.01 to 144G.05, as applicable.
Subd. 2.
Minimum requirements for assisted living.
(a) Assisted living shall be provided or made available only to individuals residing in a registered housing with services establishment. Except as expressly stated in this chapter, a person or entity offering assisted living may define the available services and may offer assisted living to all or some of the residents of a housing with services establishment. The services that comprise assisted living may be provided or made available directly by a housing with services establishment or by persons or entities with which the housing with services establishment has made arrangements.
(b) A person or entity entitled to use the phrase "assisted living," according to section 144G.02, subdivision 1, shall do so only with respect to a housing with services establishment, or a service, service package, or program available within a housing with services establishment that, at a minimum:
(1) provides or makes available health-related services under a home care license. At a minimum, health-related services must include:
(i) assistance with self-administration of medication, medication management, or medication administration as defined in section 144A.43; and
(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing, grooming, eating, transferring, continence care, and toileting.
All health-related services shall be provided in a manner that complies with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;
(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;
(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation of the delegated activities as required by applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285;
(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;
(5) has and maintains a system to check on each assisted living client at least daily;
(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours per day, seven days per week, from the establishment or a person or entity with which the establishment has made arrangements;
(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus with the housing with services establishment in order to respond within a reasonable amount of time;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the following supportive services to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical and social services appointments, and the name of or other identifying information about the person or persons responsible for providing this assistance;
(v) upon the request of the client, reasonable assistance with accessing community resources and social services available in the community, and the name of or other identifying information about the person or persons responsible for providing this assistance; and
(vi) periodic opportunities for socialization; and
(9) makes available to all prospective and current assisted living clients information consistent with the uniform format and the required components adopted by the commissioner under section 144G.06. This information must be made available beginning no later than six months after the commissioner makes the uniform format and required components available to providers according to section 144G.06.
Subd. 3.
Exemption from awake-staff requirement.
A housing with services establishment that offers or provides assisted living is exempt from the requirement in subdivision 2, paragraph (b), clause (7), item (i), that the person or persons available and responsible for responding to requests for assistance must be awake, if the establishment meets the following requirements:
(1) the establishment has a maximum capacity to serve 12 or fewer assisted living clients;
(2) the person or persons available and responsible for responding to requests for assistance are physically present within the housing with services establishment in which the assisted living clients reside;
(3) the establishment has a system in place that is compatible with the health, safety, and welfare of the establishment's assisted living clients;
(4) the establishment's housing with services contract, as required by section 144D.04, includes a statement disclosing the establishment's qualification for, and intention to rely upon, this exemption;
(5) the establishment files with the commissioner, for purposes of public information but not review or approval by the commissioner, a statement describing how the establishment meets the conditions in clauses (1) to (4), and makes a copy of this statement available to actual and prospective assisted living clients; and
(6) the establishment indicates on its housing with services registration, under section 144D.02 or 144D.03, as applicable, that it qualifies for and intends to rely upon the exemption under this subdivision.
Subd. 4.
Nursing assessment.
(a) A housing with services establishment offering or providing assisted living shall:
(1) offer to have the arranged home care provider conduct a nursing assessment by a registered nurse of the physical and cognitive needs of the prospective resident and propose a service plan prior to the date on which a prospective resident executes a contract with a housing with services establishment or the date on which a prospective resident moves in, whichever is earlier; and
(2) inform the prospective resident of the availability of and contact information for long-term care consultation services under section 256B.0911, prior to the date on which a prospective resident executes a contract with a housing with services establishment or the date on which a prospective resident moves in, whichever is earlier.
(b) An arranged home care provider is not obligated to conduct a nursing assessment by a registered nurse when requested by a prospective resident if either the geographic distance between the prospective resident and the provider, or urgent or unexpected circumstances, do not permit the assessment to be conducted prior to the date on which the prospective resident executes a contract or moves in, whichever is earlier. When such circumstances occur, the arranged home care provider shall offer to conduct a telephone conference whenever reasonably possible.
(c) The arranged home care provider shall comply with applicable home care licensure requirements in chapter 144A and sections 148.171 to 148.285, with respect to the provision of a nursing assessment prior to the delivery of nursing services and the execution of a home care service plan or service agreement.
Subd. 5.
Assistance with arranged home care provider.
The housing with services establishment shall provide each assisted living client with identifying information about a person or persons reasonably available to assist the client with concerns the client may have with respect to the services provided by the arranged home care provider. The establishment shall keep each assisted living client reasonably informed of any changes in the personnel referenced in this subdivision. Upon request of the assisted living client, such personnel or designee shall provide reasonable assistance to the assisted living client in addressing concerns regarding services provided by the arranged home care provider.
Subd. 6.
Termination of housing with services contract.
If a housing with services establishment terminates a housing with services contract with an assisted living client, the establishment shall provide the assisted living client, and the legal or designated representative of the assisted living client, if any, with a written notice of termination which includes the following information:
(1) the effective date of termination;
(2) the section of the contract that authorizes the termination;
(3) without extending the termination notice period, an affirmative offer to meet with the assisted living client and, if applicable, client representatives, within no more than five business days of the date of the termination notice to discuss the termination;
(4) an explanation that:
(i) the assisted living client must vacate the apartment, along with all personal possessions, on or before the effective date of termination;
(ii) failure to vacate the apartment by the date of termination may result in the filing of an eviction action in court by the establishment, and that the assisted living client may present a defense, if any, to the court at that time; and
(iii) the assisted living client may seek legal counsel in connection with the notice of termination;
(5) a statement that, with respect to the notice of termination, reasonable accommodation is available for the disability of the assisted living client, if any; and
(6) the name and contact information of the representative of the establishment with whom the assisted living client or client representatives may discuss the notice of termination.
144G.04 RESERVATION OF RIGHTS.
Subdivision 1.
Use of services.
Nothing in this chapter requires an assisted living client to utilize any service provided or made available in assisted living.
Subd. 2.
Housing with services contracts.
Nothing in this chapter requires a housing with services establishment to execute or refrain from terminating a housing with services contract with a prospective or current resident who is unable or unwilling to meet the requirements of residency, with or without assistance.
Subd. 3.
Provision of services.
Nothing in this chapter requires the arranged home care provider to offer or continue to provide services under a service agreement or service plan to a prospective or current resident of the establishment whose needs cannot be met by the arranged home care provider.
Subd. 4.
Altering operations; service packages.
Nothing in this chapter requires a housing with services establishment or arranged home care provider offering assisted living to fundamentally alter the nature of the operations of the establishment or the provider in order to accommodate the request or need for facilities or services by any assisted living client, or to refrain from requiring, as a condition of residency, that an assisted living client pay for a package of assisted living services even if the client does not choose to utilize all or some of the services in the package.
144G.05 REIMBURSEMENT UNDER ASSISTED LIVING SERVICE PACKAGES.
Notwithstanding the provisions of this chapter, the requirements for the elderly waiver program's assisted living payment rates under section 256B.0915, subdivision 3e, shall continue to be effective and providers who do not meet the requirements of this chapter may continue to receive payment under section 256B.0915, subdivision 3e, as long as they continue to meet the definitions and standards for assisted living and assisted living plus set forth in the federally approved Elderly Home and Community Based Services Waiver Program (Control Number 0025.91). Providers of assisted living for the community access for disability inclusion (CADI) and Brain Injury (BI) waivers shall continue to receive payment as long as they continue to meet the definitions and standards for assisted living and assisted living plus set forth in the federally approved CADI and BI waiver plans.
144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
The commissioner shall adopt a uniform format for the guide to be used by individual providers, and the required components of materials to be used by providers to inform assisted living clients of their legal rights, and shall make the uniform format and the required components available to assisted living providers.