2006 Minnesota Statutes

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 class A or class F home care
license. At a minimum, health-related services must include:
(i) assistance with self-administration of medication as defined in Minnesota Rules, part
4668.0003, subpart 2a, or medication administration as defined in Minnesota Rules, part
4668.0003, subpart 21a; 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, sections 148.171 to 148.285, and Minnesota Rules,
chapter 4668;
(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, sections 148.171 to 148.285, and Minnesota Rules, chapter 4668;
(3) has and maintains a system for delegation of health care activities to unlicensed assistive
health care personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by applicable home care licensure requirements in chapter 144A, sections
148.171 to 148.285, and Minnesota Rules, chapter 4668;
(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) 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 agreement or 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, sections 148.171 to 148.285, and Minnesota Rules, chapter 4668,
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.
History: 2006 c 282 art 19 s 15