Title Minnesota Statutes, Minnesota Statutes

144G.12 APPLICATION FOR LICENSURE. § Subdivision 1.License applications. Each application for an assisted living facility license, including provisional and renewal applications, must include information sufficient to show that the applicant meets the requirements of licensure, i…

144G.13 BACKGROUND STUDIES OF LICENSE APPLICANTS. § Subdivision 1.Background studies required. (a) Before the commissioner issues a provisional license, issues a license as a result of an approved change of ownership, or renews a license, a managerial official or a natural person…

144G.15 CONSIDERATION OF APPLICATIONS. (a) Before issuing a provisional license or license or renewing a license, the commissioner shall consider an applicant's compliance history in providing care in this state or any other state in a facility that provides care to children, the…

144G.16 PROVISIONAL LICENSE. § Subdivision 1.Provisional license. Beginning August 1, 2021, for new assisted living facility license applicants, the commissioner shall issue a provisional license from one of the licensure categories specified in section 144G.10, subdivision 2. A …

144G.17 LICENSE RENEWAL. A license that is not a provisional license may be renewed for a period of up to one year if the licensee: (1) submits an application for renewal in the format provided by the commissioner at least 60 calendar days before expiration of the license; (2) su…

144G.18 NOTIFICATION OF CHANGES IN INFORMATION. § Subdivision 1.Notification. A provisional licensee or licensee shall notify the commissioner in writing prior to a change in the manager or authorized agent and within 60 calendar days after any change in the information required …

144G.19 TRANSFER OF LICENSE PROHIBITED. § Subdivision 1.Transfers prohibited. An assisted living facility license may not be transferred to another party. § Subd. 2.New license required. (a) A prospective licensee must apply for a license prior to operating a currently licensed a…

144G.191 ASSISTED LIVING FACILITY LICENSING IMPLEMENTATION; TRANSITION PERIOD FOR CURRENT PROVIDERS. § Subdivision 1.Application limits. (a) Beginning June 1, 2021, no initial housing with services establishment registration applications shall be accepted under chapter 144D. (b) …

144G.195 FACILITY RELOCATION. § Subdivision 1.New license not required. (a) Beginning March 15, 2025, an assisted living facility with a licensed resident capacity of five residents or fewer may operate under the licensee's current license if the facility is relocated with the ap…

144G.20 ENFORCEMENT. § Subdivision 1.Conditions. (a) The commissioner may refuse to grant a provisional license, refuse to grant a license as a result of a change in ownership, refuse to renew a license, suspend or revoke a license, or impose a conditional license if the owner, c…

144G.30 SURVEYS AND INVESTIGATIONS. § Subdivision 1.Regulatory powers. (a) The Department of Health is the exclusive state agency charged with the responsibility and duty of surveying and investigating all assisted living facilities required to be licensed under this chapter. The…

144G.31 VIOLATIONS AND FINES. § Subdivision 1.Categories of violations. Correction orders for violations are categorized by both level and scope. § Subd. 2.Levels of violations. Correction orders for violations are categorized by level as follows: (1) Level 1 is a violation that …

144G.32 RECONSIDERATION OF CORRECTION ORDERS AND FINES. § Subdivision 1.Reconsideration process required. The commissioner shall make available to assisted living facilities a correction order reconsideration process. This process may be used to challenge the correction order iss…

144G.33 INNOVATION VARIANCE. § Subdivision 1.Definition; granting variances. (a) For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter. (b) An innovation variance may be granted to allow an assisted living facility to o…

144G.40 HOUSING AND SERVICES. § Subdivision 1.Responsibility for housing and services. The facility is directly responsible to the resident for all housing and service-related matters provided, irrespective of a management contract. Housing and service-related matters include but…

144G.401 PAYMENT FOR SERVICES UNDER DISABILITY WAIVERS. For new assisted living facilities that did not operate as registered housing with services establishments prior to August 1, 2021, home and community-based services under section 256B.49 are not available when the new facil…

144G.41 MINIMUM ASSISTED LIVING FACILITY REQUIREMENTS. § Subdivision 1.Minimum requirements. All assisted living facilities shall: (1) distribute to residents the assisted living bill of rights; (2) provide services in a manner that complies with the Nurse Practice Act in section…

144G.42 BUSINESS OPERATION. § Subdivision 1.Display of license. The original current license must be displayed at the main entrance of each assisted living facility. The facility must provide a copy of the license to any person who requests it. § Subd. 2.Quality management. The f…

144G.43 RESIDENT RECORD REQUIREMENTS. § Subdivision 1.Resident record. (a) Assisted living facilities must maintain records for each resident for whom it is providing services. Entries in the resident records must be current, legible, permanently recorded, dated, and authenticate…

144G.45 MINIMUM SITE, PHYSICAL ENVIRONMENT, AND FIRE SAFETY REQUIREMENTS. § Subdivision 1.Requirements. The following are required for all assisted living facilities: (1) public utilities must be available, and working or inspected and approved water and septic systems must be in…

144G.50 ASSISTED LIVING CONTRACT REQUIREMENTS. § Subdivision 1.Contract required. (a) An assisted living facility may not offer or provide housing or assisted living services to any individual unless it has executed a written contract. (b) The contract must contain all the terms …

144G.51 ARBITRATION. (a) An assisted living facility must clearly and conspicuously disclose, in writing in an assisted living contract, any arbitration provision in the contract that precludes, limits, or delays the ability of a resident from taking a civil action. (b) An arbitr…

144G.52 ASSISTED LIVING CONTRACT TERMINATIONS. § Subdivision 1.Definition. For purposes of sections 144G.52 to 144G.55, "termination" means: (1) a facility-initiated termination of an assisted living contract; or (2) a facility-initiated termination of all assisted living service…

144G.53 NONRENEWAL OF HOUSING. § Subdivision 1.Notice or termination procedure. (a) If a facility decides to not renew a resident's housing under a contract, the facility must either (1) provide the resident with 60 calendar days' notice of the nonrenewal and assistance with relo…

144G.54 APPEALS OF CONTRACT TERMINATIONS. § Subdivision 1.Right to appeal. Residents have the right to appeal the termination of an assisted living contract. § Subd. 2.Permissible grounds to appeal termination. A resident may appeal a termination initiated under section 144G.52, …

144G.55 COORDINATED MOVES. § Subdivision 1.Duties of facility. (a) If a facility terminates an assisted living contract, reduces services to the extent that a resident needs to move or obtain a new service provider or the facility has its license restricted under section 144G.20,…

144G.56 TRANSFER OF RESIDENTS WITHIN FACILITY. § Subdivision 1.Definition. For the purposes of this section, "transfer" means a move of a resident within the facility to a different room or other private living unit. § Subd. 2.Orderly transfer. A facility must provide for the saf…

144G.57 PLANNED CLOSURES. § Subdivision 1.Closure plan required. In the event that an assisted living facility elects to voluntarily close the facility, the facility must notify the commissioner, the Office of Ombudsman for Long-Term Care, and the Office of Ombudsman for Mental H…

144G.60 STAFFING REQUIREMENTS. § Subdivision 1.Background studies required. (a) Employees, contractors, and regularly scheduled volunteers of the facility are subject to the background study required by section 144.057 and may be disqualified under chapter 245C. Nothing in this s…

144G.61 STAFF COMPETENCY EVALUATIONS. § Subdivision 1.Instructor and competency evaluation requirements. Instructors and competency evaluators must meet the following requirements: (1) training and competency evaluations of unlicensed personnel who only provide assisted living se…

144G.62 DELEGATION AND SUPERVISION. § Subdivision 1.Availability of contact person to staff. (a) Assisted living facilities must have a registered nurse available for consultation by staff performing delegated nursing tasks and must have an appropriate licensed health professiona…

144G.63 ORIENTATION AND ANNUAL TRAINING REQUIREMENTS. § Subdivision 1.Orientation of staff and supervisors. (a) All staff providing and supervising direct services must complete an orientation to assisted living facility licensing requirements and regulations before providing ass…

144G.64 TRAINING IN DEMENTIA, MENTAL ILLNESS, AND DE-ESCALATION REQUIRED. (a) All assisted living facilities must meet the following dementia care, mental illness, and de-escalation training requirements: (1) supervisors of direct-care staff must have at least eight hours of init…

144G.70 SERVICES. § Subdivision 1.Acceptance of residents. An assisted living facility may not accept a person as a resident unless the facility has staff, sufficient in qualifications, competency, and numbers, to adequately provide the services agreed to in the assisted living c…

144G.71 MEDICATION MANAGEMENT. § Subdivision 1.Medication management services. (a) This section applies only to assisted living facilities that provide medication management services. (b) An assisted living facility that provides medication management services must develop, imple…

144G.72 TREATMENT AND THERAPY MANAGEMENT SERVICES. § Subdivision 1.Treatment and therapy management services. This section applies only to assisted living facilities that provide treatment and therapy management services. § Subd. 2.Policies and procedures. (a) An assisted living …

144G.80 ADDITIONAL LICENSING REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH DEMENTIA CARE. § Subdivision 1.Applicability. This section applies only to assisted living facilities with dementia care. § Subd. 2.Demonstrated capacity. (a) An applicant for licensure as an assisted l…

144G.81 ADDITIONAL REQUIREMENTS: ASSISTED LIVING FACILITIES WITH DEMENTIA CARE; ASSISTED LIVING FACILITIES WITH SECURED DEMENTIA CARE UNITS. § Subdivision 1.Fire protection and physical environment. An assisted living facility with dementia care must meet the requirements of sect…

144G.82 ADDITIONAL RESPONSIBILITIES OF ADMINISTRATION FOR ASSISTED LIVING FACILITIES WITH DEMENTIA CARE. § Subdivision 1.General. The licensee of an assisted living facility with dementia care is responsible for the care and housing of the persons with dementia and the provision …

144G.83 ADDITIONAL TRAINING REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH DEMENTIA CARE. § Subdivision 1.General. (a) An assisted living facility with dementia care must provide residents with dementia-trained staff who have been instructed in the person-centered care approach…

144G.84 SERVICES FOR RESIDENTS WITH DEMENTIA. (a) In addition to the minimum services required in section 144G.41, an assisted living facility with dementia care must also provide the following services: (1) assistance with activities of daily living that address the needs of eac…

144G.90 REQUIRED NOTICES. § Subdivision 1.Assisted living bill of rights; notification to resident. (a) An assisted living facility must provide the resident a written notice of the rights under section 144G.91 before the initiation of services to that resident. The facility shal…

144G.91 ASSISTED LIVING BILL OF RIGHTS. § Subdivision 1.Applicability. This section applies to residents living in assisted living facilities. § Subd. 2.Legislative intent. The rights established under this section for the benefit of residents do not limit any other rights availa…

144G.911 RESTRICTIONS UNDER HOME AND COMMUNITY-BASED WAIVERS. The resident's rights in section 144G.91, subdivisions 12, 13, and 18, may be restricted for an individual resident only if determined necessary for health and safety reasons identified by the facility through an initi…

144G.92 RETALIATION PROHIBITED. § Subdivision 1.Retaliation prohibited. A facility or agent of a facility may not retaliate against a resident or staff member if the resident, staff member, or any person acting on behalf of the resident: (1) files a good faith complaint or grieva…

144G.93 CONSUMER ADVOCACY AND LEGAL SERVICES. Upon execution of an assisted living contract, every facility must provide the resident with the names and contact information, including telephone numbers and email addresses, of: (1) nonprofit organizations that provide advocacy or …