Subdivision 1. Scope.
As used in sections
, the following terms have
the meanings given them.
Subd. 2. Adult.
"Adult" means a natural person who has attained the age of 18 years.
Subd. 2a. Arranged home care provider.
"Arranged home care provider" means a home
care provider licensed under Minnesota Rules, chapter 4668, that provides 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.
Subd. 3. Commissioner.
"Commissioner" means the commissioner of health or the
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 by the establishment or by another entity arranged
for by the establishment; or
(2) an establishment that registers under section
(b) Housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified boarding care home, or supervised living facility licensed under
(3) a board and lodging establishment licensed under chapter 157 and Minnesota Rules, parts
, or 9530.4100
, or under chapter 245B;
(4) a board and lodging establishment which serves as a shelter for battered women or
other similar purpose;
(5) a family adult foster care home licensed by the Department of Human Services;
(6) private homes in which the residents are related by kinship, law, or affinity with the
providers of services;
(7) residential settings for persons with developmental disabilities in which the services are
licensed under Minnesota Rules, parts 9525.2100
, or applicable successor rules or
(8) a home-sharing arrangement such as when an elderly or disabled person or single-parent
family makes lodging in a private residence available to another person in exchange for services
or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or owners'
association of the foregoing 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; or
(10) services for persons with developmental disabilities that are provided under a license
according to Minnesota Rules, parts 9525.2000
in effect until January 1, 1998, or
under chapter 245B.
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, or transportation to medical or social services
appointments. 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
Subd. 6. Health-related services.
"Health-related services" include professional nursing
services, home health aide tasks, and home care aide tasks identified in Minnesota Rules, parts
, subparts 1 and 2; and 4668.0110
, subpart 1; or the central storage of medication for
Subd. 7. Family adult foster care home.
"Family adult foster care home" means an adult
foster care home that is licensed by the Department of Human Services, that is the primary
residence of the license holder, and in which the license holder is the primary caregiver.
History: 1995 c 207 art 9 s 29; 1997 c 107 s 1; 1997 c 113 s 7-10; 3Sp1997 c 3 s 6; 1999 c
245 art 3 s 8; 2002 c 375 art 2 s 3; 2005 c 56 s 1; 2006 c 282 art 19 s 4