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June 15, 2022
The ALL Together newsletter provides updates, details, and information about assisted living licensure for providers, residents, family members, and the public.
The Minnesota Department of Health’s Health Regulation Division (HRD) will work to provide information, news, updates, and links to resources for assisted living providers and families to help residents and loved ones live their best lives as they age in place.
Please share this newsletter with colleagues, friends, and family. Subscribe to this newsletter.
Check the status of your Assisted Living Licensure or apply before July 1 to avoid fines.
Assisted living license renewal applications were due June 1 and will be processed in order they were received. Apply now to avoid fines that start in a few weeks.
Check the status of your Assisted Living Licensure on ICSD. MDH licensing team members are working hard to review and process applications. So check ICSD to check the status of your application.
Providers are notified of approvals: When the license is approved, MDH will send providers an email. Then, MDH will print and mail licenses to providers. Licenses will begin to be printed next week.
Check your email: If reviewers have a question or issue with your application, they will email you. To check on the status of your application, check ICSD.
Apply now to avoid fees and retain your license: If you have not submitted your application yet, you are not in compliance with the statute. Remember, compliance history may be considered in the future for granting renewals. Apply now and avoid fines that start July 1.
Please contact our office with questions at health.assistedliving@state.mn.us.
Legislative ALL summary
The Health Regulation Division is offering this legislative summary to help you comply with the new laws that were passed during the 2022 Legislative session. Links to the law are provided for your convenience.
Changes to Electronic monitoring
Amends Minn. Statutes 144.6502, subd. 1. Amends the definition of electronic monitoring for a section governing electronic monitoring in certain long-term care settings, to remove the requirement that the electronic monitoring device must be placed by the resident in the resident’s room or private living unit.
Changes to Home Care and Assisted Living Program Advisory Council
Membership
Amends Minn. Statutes 144A.4799, subd. 1. Increases the membership of the Home Care and Assisted Living Program Advisory Council from eight to 13 people, and adds as members one person representing the Office of Ombudsman for Mental Health and Developmental Disabilities; two assisted living facility licensees; one person representing long-term care providers, home care providers, and assisted living facility providers; and two public members, one who lives or has lived in an assisted living facility and one with a family member who lives or has lived in an assisted living facility.
Duties
Amends Minn. Statutes 144A.4799, subd. 3. Modifies duties of the Home Care and Assisted Living Program Advisory Council to require the advisory council to provide advice regarding the regulation of licensed assisted living providers. Also makes technical changes.
Changes to Assisted Living Licensure
[Laws 2022, chpt. 98, art. 8, sects. 37 – 44 and 47 – 49 effective August 1, 2022 (exceptions noted)]
Serious injury.
Adds subd. 62a to Minn. Statutes 144G.08. Defines what a “serious injury” is for use within the chapter.
Consideration of applications.
Amends Minn. Statutes 144G.15. Specifies that the commissioner must consider an applicant’s compliance history in providing care in Minnesota or any other state, before issuing an assisted living facility license or renewing a license. Allows the commissioner to take an action against an assisted living facility license if an owner, controlling individual, managerial official, or assisted living director has a history of noncompliance with laws that was detrimental to the health, welfare, or safety of a resident or client.
License renewal.
Amends Minn. Statute 144G.17. As a condition of renewing an assisted living facility license, requires a licensee to provide information showing that the licensee provided assisted living services to at least one resident in the preceding license year at the assisted living facility listed on the license.
Change of licensee.
Adds subd. 4 to Minn. Statue 144G.19. Provides that a change in licensee due to a change in ownership does not require a facility to meet the design, Life Safety Code, and plan requirements for assisted living facilities that otherwise apply to new licenses, new construction, modifications, renovations, alterations, changes of use, or additions.
Conditions.
Amends Minn. Statutes 144G.20, subd. 1. Authorizes the commissioner to take certain licensing actions if an owner, controlling individual, or employee of an assisted living facility interferes with or impedes access to residents by the Office of Ombudsman for Mental Health and Developmental Disabilities.
Mandatory revocation.
Amends Minn. Statutes 144G.20, subd. 4. If the commissioner revokes an assisted living facility license because a controlling individual is convicted of certain crimes related to facility operations or resident safety or care, requires the commissioner to notify the Office of Ombudsman for Mental Health and Developmental Disabilities 30 days before the revocation.
Owners and managerial officials; refusal to grant license.
Amends Minn. Statutes 144G.20, subd. 5. Provides that a prohibition on granting an assisted living facility license to an owner or managerial official whose facility license has been revoked because of noncompliance with applicable laws and rules, applies to individuals whose license was revoked in Minnesota or any other state.
Controlling individual restrictions.
Amends Minn. Statutes 144G.20, subd. 8. Expands the commissioner’s authority to bar a controlling individual of an assisted living facility if the person was a controlling individual of another provider or setting and incurred certain violations or was convicted of certain crimes, to include having been a controlling individual of a home care provider or having had status as an enrolled PCA provider agency or PCA.
Exception to controlling individual restrictions.
Amends Minn. Statutes 144G.20, subd. 9. Extends an exception from being barred as a controlling individual, to provide that the controlling individual restrictions do not apply to a controlling individual of an assisted living facility if the individual lacked legal authority to change decisions related to the operation of the home care that incurred violations. (Under current law this exception applies to controlling individuals of a nursing home or assisted living facility.)
Notice to residents.
Amends Minn. Statutes 144G.20, subd. 12. Requires the controlling individual to notify the Office of Ombudsman for Mental Health and Developmental Disabilities, in addition to the other individuals, if the commissioner takes action to revoke or suspend an assisted living facility license. Also requires the Office of Ombudsman for Mental Health and Developmental Disabilities to be provided with monthly information on the department’s actions and the status of proceedings.
Plan required.
Amends Minn. Statutes 144G.20, subd. 15. Adds the Office of Ombudsman for Mental Health and Developmental Disabilities to the list of individuals who must be provided with certain information by an assisted living facility if the facility’s license is revoked, not renewed, or suspended. Requires the assisted living facility to cooperate with the Office of Ombudsman for Mental Health and Developmental Disabilities, in addition to other individuals, during the transfer of residents to other facilities and providers.
Correction orders.
Amends Minn. Statutes 144G.30, subd. 5. Allows a correction order to be issued when the commissioner finds that an agent of the facility, in addition to other individuals, is not in compliance with the chapter governing assisted living facilities.
Fine amounts.
Amends Minn. Statutes 144G.31, subd. 4. Modifies how fines for violations of assisted living provisions are calculated, to:
- Require a Level 3 violation to correspond to a fine of $3,000 per violation, rather than per violation per incident;
- Require a Level 4 violation to correspond to a fine of $4,000 per violation, rather than per incident; and
- Require a maltreatment violation to correspond to a fine of $1,000 per incident or $5,000 per incident.
Deposit of fines.
Amends Minn. Statutes 144G.31, subd. 8. Changes the purpose for which fines collected for violations of assisted living facility statutes may be spent, to require them to be spent to improve resident quality of care and outcomes in assisted living facilities, rather than being spent for special projects to improve home care as in current law.
This section is effective retroactively for fines collected on or after August 1, 2021.
Resident grievances; reporting maltreatment.
Amends Minn. Statutes 144G.41, subd. 7. Removes a requirement that an assisted living facility must include contact information for both state and applicable regional offices of the Office of Ombudsman for Long-Term Care and Office of Ombudsman for Mental Health and Developmental Disabilities, as part of information that must be posted regarding resident grievance procedures. Also requires the notice to include information about contacting the Office of Health Facility Complaints.
Protecting resident rights.
Amends Minn. Stattues 144G.41, subd. 8. Strikes a requirement that assisted living facilities must provide residents with both state and regional contact information for the ombudsman offices, and specifies that one of the advocacy or legal services organizations for which an assisted living facility must provide names and contact information to residents must be the designated protection and advocacy organization that provides advice and representation to individuals with disabilities.
Disaster planning and emergency preparedness plan.
Amends Minn. Statutes 144G.42, subd. 10. Makes a technical term change from tenants to residents.
Disaster planning and emergency preparedness plan.
Amends Minn. Statutes 144G.45, subd. 7. Adds a new waiver criterium for regarding the provision to provide an option for a bath for waiver requests from that licensure requirement.
Contract information.
Amends Minn. Statutes 144G.50, subd. 2. Modifies information that must be included in an assisted living contract, to require delineation of the grounds under which residents may have housing terminated or be subject to emergency relocation. Also requires the facility’s health facility identification number, rather than license number, to be included on the contract in a conspicuous place and manner.
This section is effective August 1, 2022, and applies to assisted living contracts executed on or after August 1, 2022.
Prerequisite to termination of a contract.
Amends Minn. Statutes 144G.52, subd. 2. Requires a facility to notify a resident whose assisted living contract may be terminated that the resident may invite a representative of the Office of Ombudsman for Mental Health and Developmental Disabilities, in addition to the other listed individuals, to a meeting that must be held before an assisted living facility may issue a notice of termination of an assisted living contract. In emergency relocations when an in-person meeting is not possible, requires the facility to hold the meeting via telephone, video, or other electronic means (current law permits the facility to attempt to schedule and participate in the meeting by these means).
Content of notice of termination.
Amends Minn. Statutes 144G.52, subd. 8. Requires a notice of termination of an assisted living contract to include information on how to contact the Office of Ombudsman for Mental Health and Developmental Disabilities.
Emergency relocation.
Amends Minn. Statutes 144G.52, subd. 9. Requires a notice provided to assisted living facility residents in the event of an emergency relocation to include contact information for the Office of Ombudsman for Mental Health and Developmental Disabilities.
Nonrenewal of housing.
Amends Minn. Statutes 144G.53. Requires a notice provided to assisted living facility residents in the event of nonrenewal of housing to include contact information for the Office of Ombudsman for Mental Health and Developmental Disabilities.
Duties of facility.
Amends Minn. Statutes 144G.55, subd. 1. Requires an assisted living facility to ensure a resident’s coordinated move to a safe location and service provider if a facility reduces services to the extent that the resident needs to obtain a new service provider or if the facility has its license restricted. Requires a notice provided to assisted living facility residents in the event of a reduction or elimination of services to include contact information for the Office of Ombudsman for Mental Health and Developmental Disabilities.
Relocation plan.
Amends Minn. Statutes 144G.55, subd. 3. Clarifies that an assisted living facility must prepare a relocation plan for a resident’s move to a safe location or appropriate service provider.
Notice required.
Amends Minn. Statutes 144G.56, subd. 3. Requires a notice provided to assisted living facility residents in the event of a facility-initiated transfer to include contact information for the Office of Ombudsman for Mental Health and Developmental Disabilities.
Change in facility operations.
Amends Minn. Statutes 144G.56, subd. 5. Requires the Office of Ombudsman for Mental Health and Developmental Disabilities to be notified in all cases of curtailment, reduction, or capital improvements in an assisted living facility that require residents to be transferred, instead of being notified when appropriate as in current law.
Closure plan required.
Amends Minn. Statutes 144G.57, subd. 1. Requires a notice provided to certain individuals in the event an assisted living facility elects to voluntarily close the facility, to also be provided to the Office of Ombudsman for Mental Health and Developmental Disabilities.
Commissioner’s approval required prior to implementation.
Amends Minn. Statutes 144G.57, subd. 3. Permits the commissioner to require an assisted living facility to work with the Office of Ombudsman for Mental Health and Developmental Disabilities, in addition to other listed individuals, to assist in resident relocation if the assisted living facility elects to voluntarily close the facility.
Notice to residents.
Amends Minn. Statutes 144G.57, subd. 5. Requires a notice of assisted living facility closure provided to facility residents to include the contact information for the ombudsman for mental health and developmental disabilities.
Initial reviews, assessments, and monitoring.
Amends Minn. Statutes 144G.70, subd. 2. Makes a technical term change from services to assisted living services.
Service plan, implementation, and revisions to service plan.
Amends Minn. Statutes 144G.70, subd. 4. Requires an assisted living facility, when providing residents with information about changes to facility fees for services, to also provide information on how to contact the Office of Ombudsman for Mental Health and Developmental Disabilities.
Demonstrated capacity.
Amends Minn. Statutes 144G.80, subd. 2. Modifies the criteria the commissioner must consider when evaluating an application for licensure as an assisted living facility with dementia care, to require the commissioner to consider the experience of the applicant’s assisted living director and clinical nurse supervisor in managing residents with dementia or their previous long-term care experience.
Assisted living bill of rights; notification to resident.
Amends Minn. Statutes 144G.90, subd. 1. Makes a technical change to a required notice to assisted living facility residents.
Notice to residents.
Adds subd. 6 to Minn. Statutes 144G.90. Specifies content of a notice that must be provided to an assisted living facility resident, legal representative, or designated representative as part of any notice required under chapter 144G or rules to include information on the Office of Ombudsman for Long-Term Care or Office of Ombudsman for Mental Health and Developmental Disabilities.
Personal and treatment privacy.
Amends Minn. Statutes 144G.91, subd. 13. Removes language from the Assisted Living Bill of Rights providing that assisted living facility staff are not required to knock and seek consent to enter a resident’s space where knocking and seeking consent are clearly inadvisable
Access to counsel and advocacy services.
Amends Minn. Statutes 144G.91, subd. 21. Amends the Assisted Living Bill of Rights, to provide that assisted living facility residents have the right to access to representatives of the Office of Ombudsman for Mental Health and Developmental Disabilities
Retaliation prohibited.
Amends Minn. Statutes 144G.92, subd. 1. Prohibits an assisted living facility from retaliating against a resident for seeking assistance from or reporting a crime or concern to the Office of Ombudsman for Mental Health and Developmental Disabilities.
Consumer advocacy and legal services.
Amends Minn. Statutes 144G.93. Adds the Office of Ombudsman for Mental Health and Developmental Disabilities to the list of organizations for which an assisted living facility must provide residents with the names and contact information, upon execution of an assisted living contract.
Office of Ombudsman for Long-Term Care and Office of Ombudsman for Mental Health and Developmental Disabilities.
Amends Minn. Statutes 144G.95. Provides that the Office of Ombudsman for Mental Health and Developmental Disabilities and its representatives are immune from liability for performing duties specified in law, and adds a cross-reference to the section classifying data collected or received by the Office of Ombudsman for Mental Health and Developmental Disabilities.
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