2025 Minnesota Statutes

254B.211 RECOVERY RESIDENCE REQUIREMENTS AND RESIDENT RIGHTS.

Subdivision 1.Applicability.

This section is applicable to all recovery residences regardless of certification status.

Subd. 2.Residence requirements.

All recovery residences must:

(1) comply with applicable state laws and regulations and local ordinances related to maximum occupancy, fire safety, and sanitation;

(2) have safety policies and procedures that, at a minimum, address:

(i) safety inspections requiring periodic verification of smoke detectors, carbon monoxide detectors, fire extinguishers, and emergency evacuation drills;

(ii) exposure to bodily fluids and contagious disease; and

(iii) emergency procedures posted in conspicuous locations in the residence;

(3) maintain a supply of an opiate antagonist in the home, post information on proper use, and train staff in opiate antagonist use;

(4) have written policies regarding access to all prescribed medications and storage of medications when requested by the resident;

(5) have written policies regarding residency termination, including how length of stay is determined and procedures in case of evictions;

(6) return all property and medications to a person discharged from the home and retain the items for a minimum of 60 days if the person did not collect the items upon discharge. The owner must make an effort to contact persons listed as emergency contacts for the discharged person so that the items are returned;

(7) ensure separation of money of persons served by the program from money of the program or program staff. The program and staff must not:

(i) borrow money from a person served by the program;

(ii) purchase personal items from a person served by the program;

(iii) sell merchandise or personal services to a person served by the program;

(iv) require a person served by the program to purchase items for which the program is eligible for reimbursement; or

(v) use money of persons served by the program to purchase items for which the program is already receiving public or private payments;

(8) document the names and contact information for persons to contact in case of an emergency, upon discharge, or other circumstances designated by the resident, including but not limited to death due to an overdose;

(9) maintain contact information for emergency resources in the community, including but not limited to local mental health crisis services and the 988 Lifeline, to address mental health and health emergencies;

(10) have policies on staff qualifications and a prohibition against relationships between operators and residents;

(11) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed or administered pharmacotherapies approved by the FDA for the treatment of opioid use disorder, co-occurring substance use disorders, and mental health conditions;

(12) have a fee schedule and refund policy;

(13) have rules for residents, including on prohibited items;

(14) have policies that promote resident participation in treatment, self-help groups, or other recovery supports;

(15) have policies requiring abstinence from alcohol and illicit drugs on the property. If the program utilizes drug screening or toxicology, the procedures must be included in the program's policies;

(16) distribute the recovery resident bill of rights in subdivision 3, resident rules, certification, and grievance process and post the documents in this clause in common areas;

(17) have policies and procedures on person and room searches;

(18) have code of ethics policies and procedures they are aligned with the NARR code of ethics and document that the policies and procedures are read and signed by all those associated with the operation of the recovery residence, including owners, operators, staff, and volunteers;

(19) have a description of how residents are involved with the governance of the residence, including decision-making procedures, how residents are involved in setting and implementing rules, and the role of peer leaders, if any; and

(20) have procedures to maintain a respectful environment, including appropriate action to stop intimidation, bullying, sexual harassment, or threatening behavior of residents, staff, and visitors within the residence. Programs should consider trauma-informed and resilience-promoting practices when determining action.

Subd. 3.Resident bill of rights.

An individual living in a recovery residence has the right to:

(1) have access to an environment that supports recovery;

(2) have access to an environment that is safe and free from alcohol and other illicit drugs or substances;

(3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;

(4) be treated with dignity and respect and to have personal property treated with respect;

(5) have personal, financial, and medical information kept private and to be advised of the recovery residence's policies and procedures regarding disclosure of the information;

(6) access while living in the residence to other community-based support services as needed;

(7) be referred to appropriate services upon leaving the residence if necessary;

(8) retain personal property that does not jeopardize the safety or health of the resident or others;

(9) assert the rights in this subdivision personally or have the rights asserted by the individual's representative or by anyone on behalf of the individual without retaliation;

(10) be provided with the name, address, and telephone number of the ombudsman for mental health and developmental disabilities and the commissioner and be provided with information about the right to file a complaint;

(11) be fully informed of the rights and responsibilities in this section and program policies and procedures; and

(12) not be required to perform services for the residence that are not included in the usual expectations for all residents.

History:

1Sp2025 c 9 art 4 s 39

NOTE: This section, as added by Laws 2025, First Special Session chapter 9, article 4, section 39, is effective January 1, 2027. Laws 2025, First Special Session chapter 9, article 4, section 39, the effective date.