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August 2025
ALL Together provides updates, details, and information about assisted living licensure for providers, residents, family members, and the public.
Health Regulation Division (HRD) of the Minnesota Department of Health produces this newsletter for assisted living providers and families to help residents and loved ones live their best lives as they age in place.
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The 2025 Minnesota Legislative Session resulted in several policy changes enacted into law that clarify existing provisions and modify requirements under Minnesota Statutes, chapter 144G, which governs assisted living facilities. This newsletter highlights the key policy changes impacting assisted living licensees effective Aug. 1, unless otherwise specified. These summary highlights are not exhaustive and do not include all items passed under budget omnibus bills.
- New licensees must honor existing assisted living contracts until those contracts expire.
- Applies to assisted living facility contracts signed on or after January 1, 2026.
- Each facility must employ a licensed assisted living director (LALD) and affiliate that LALD as the director of record with the Board of Executives of Long Term Services and Supports (BELTSS).
- Requires at least a vertical two-hour fire barrier between licensed and unlicensed areas of the facility if there is unlicensed space in the assisted living facility building.
- Requires at least a vertical two-hour fire barrier between different license types in the assisted living facility building.
- If a provisional assisted living license is denied, the owners and/or managers cannot reapply for a new provisional assisted living license for one year after closing the denied assisted living license.
- Assisted living facilities cannot require residents to sign binding arbitration agreements as a condition of admission or continued care.
- Prohibits termination or nonrenewal of contracts due to a resident switching from private funding to public funding for housing or services if the facility has represented or advertised the facility accepts public funds. Effective Jan. 1,2026
- Assisted living facilities are required to identify other facilities willing and able to meet the resident’s service needs to ensure residents have viable alternatives and are involved in the relocation decision. Effective July 1.
- Metro Area Residents: At least three facilities must be identified, including one within the seven-county metro area.
- Non-Metro Residents: At least two facilities must be identified, and if available, one within two hours or 120 miles.
- The facility must document in writing that the resident or their representative has either consented to move or refused the offered options.
- Individual medication management services must be provided by a registered nurse (RN), advanced practice registered nurse (APRN), or qualified staff delegated to by an RN.
- Clarifies who (what staff role) is responsible for medication management services.
- A written medication management plan must be included in the resident’s service plan.
- Does not change the RN/LPN scope of practice and responsibilities with reassessment and monitoring but clarifies the responsibilities of the RN and LPN with reassessment and monitoring of residents.
- Specific statutory references to the MN Nurse Practice Act (148.171 to 148.285) added to 144G to clarify what reassessment and monitoring components may be completed by an LPN.
- Clarifies an RN must review the reassessment findings collected by an LPN.
- The statutory language is changed to no longer call the assessment a “hazard vulnerability assessment” but requires a safety risk assessment which helps distinguish this 144G requirement from the Appendix Z hazard vulnerability assessment.
- ALFDCs must conduct and document a safety risk assessment on and around the property of the facility. Any identified safety risks identified on and around the property must be mitigated to protect residents from harm.
- The mitigation efforts must be documented in the facility’s records.
Home Care and Assisted Living Advisory Council – Minnesota Statutes, section 144A.4799
- Council membership increased from 13 to 14.
- A new seat added for a representative from a consumer advocacy organization for long-term care recipients.
- Updated language related to the four public members on the Council.
- Effective July 1.
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