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 sections
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.
History: 2006 c 282 art 19 s 14