2000 Minnesota Statutes

     144D.04 Elderly housing with services contracts. 

    Subdivision 1.    Contract required.  No elderly housing 
 with services establishment may operate in this state unless a 
 written elderly housing with services contract, as defined in 
 subdivision 2, 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. 

    Subd. 2.    Contents of contract.  An elderly 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) 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 on behalf of the owner or owners 
 and managing agent; 

    (5) 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) term of the contract; 

    (7) description of the services to be provided to the 
 resident in the base rate to be paid by resident; 

    (8) description of any additional services available for an 
 additional fee from the establishment directly or through 
 arrangements with the establishment; 

    (9) fee schedules outlining the cost of any additional 
 services; 

    (10) description of the process through which the contract 
 may be modified, amended, or terminated; 

    (11) description of the establishment's complaint 
 resolution process available to residents; 

    (12) the resident's designated representative, if any; 

    (13) the establishment's referral procedures if the 
 contract is terminated; 

    (14) criteria used by the establishment to determine who 
 may continue to reside in the elderly housing with services 
 establishment; 

    (15) billing and payment procedures and requirements; 

    (16) statement regarding the ability of residents to 
 receive services from service providers with whom the 
 establishment does not have an arrangement; and 

    (17) statement regarding the availability of public funds 
 for payment for residence or services in the establishment. 

    Subd. 3.    Contracts in permanent files.  Elderly 
 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 shall be made available for on-site inspection by 
 the commissioner upon request at any time. 

    HIST: 1995 c 207 art 9 s 32