STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
FORTY-SECOND
DAY
Saint Paul, Minnesota, Friday, April 26, 2019
The House of Representatives convened at 9:00
a.m. and was called to order by Liz Olson, Speaker pro tempore.
Prayer was offered by the Reverend Ashley
Bair, Central Presbyterian Church, St. Paul, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Davids
Davnie
Dehn
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hausman
Heinrich
Heintzeman
Her
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Demuth, Garofalo, Moran and Swedzinski
were excused.
Hassan and Pelowski were excused until 10:00
a.m. Mahoney was excused until 11:10
a.m. Daudt was excused until 1:05 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 2227 and
H. F. No. 1935, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Nelson, M., moved that
S. F. No. 2227 be substituted for H. F. No. 1935
and that the House File be indefinitely postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND DIVISIONS
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 6, A bill for an act relating to employment; prohibiting wage theft; modifying payment of wages; increasing civil and criminal penalties; allowing for administrative review; appropriating money; amending Minnesota Statutes 2018, sections 177.27, subdivision 2, by adding a subdivision; 177.30; 177.32, subdivision 1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 16C.285, subdivision 3, is amended to read:
Subd. 3. Minimum criteria. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers' compensation and unemployment insurance requirements;
(ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is "repeated" only if it involves two or more separate and distinct occurrences of underpayment during the three-year period;
(ii) has been issued an order to comply by the commissioner of labor and industry that has become final;
(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;
(iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;
(v) has been issued a ruling or findings of underpayment by
the administrator of the Wage and Hour Division of the United States Department
of Labor that have become final or have been upheld by an administrative law
judge or the Administrative Review Board; or
(vi) has been found liable for underpayment of wages or
penalties or misrepresenting a construction worker as an independent contractor
in an action brought in a court having jurisdiction; or
(vii) has been convicted of a violation of section 609.52, subdivision 2, clause (19).
Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;
(3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;
(4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;
(5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;
(6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and
(7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.
Sec. 2. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 1a.
Authority to investigate. To carry out the purposes of this
chapter and chapters 181, 181A, and 184, and utilizing the enforcement
authority of section 175.20, the commissioner is authorized to enter the places
of business and employment of any employer in the state to investigate wages,
hours, and other conditions and practices of work, collect evidence, and
conduct interviews. The commissioner is
authorized to enter the places of business and employment during working hours
and without delay. The commissioner may
use investigation
methods
that include but are not limited to examination, surveillance, transcription,
copying, scanning, photographing, audio or video recording, testing, and
sampling along with taking custody of evidence.
Evidence that may be collected includes but is not limited to documents,
records, books, registers, payrolls, electronically and digitally stored
information, machinery, equipment, tools, and other tangible items that in any
way relate to wages, hours, and other conditions and practices of work. The commissioner may privately interview any
individual, including owners, employers, operators, agents, workers, and other
individuals who may have knowledge of the conditions and practices of work
under investigation.
Sec. 3. Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:
Subd. 2. Submission of records; penalty. The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.
The commissioner may fine the employer up to $1,000 for each failure to submit or deliver records as required by this section, and up to $10,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.
Sec. 4. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 11. Subpoenas. In order to carry out the purposes of
this chapter and chapter 181, 181A, or 184, the commissioner may issue
subpoenas to compel persons to appear before the commissioner to give testimony
and produce and permit inspection, copying, testing, or sampling of documents,
electronically stored information, tangible items, or other items in the
possession, custody, or control of that person that are deemed necessary or
appropriate by the commissioner. A
subpoena may specify the form or format in which electronically stored
information is to be produced. Upon the
application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this
subdivision as a contempt of court.
Sec. 5. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 12. Court
orders for entrance and inspection. To
carry out the purposes of this chapter and chapters 181, 181A, and 184, and
utilizing the enforcement authority of section 175.20, the commissioner is authorized
to enter places of business and employment of any employer in the state to
investigate wages, hours, and other conditions and practices of work, collect
evidence, and conduct interviews. The
commissioner is authorized to enter the places of business and employment
during working hours and without delay. Upon
the anticipated refusal based on a refusal to permit entrance on a prior
occasion or actual refusal of an employer, owner, operator, or agent in charge
of an employer's place of business or employment, the commissioner may apply
for an order in the district court in the county in which the place of business
or employment is located, to compel an employer, owner, operator, or agent in
charge of the place of business or employment to permit the commissioner entry
to investigate wages, hours, and other conditions and practices of work,
collect evidence, and interview witnesses.
Sec. 6. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 13. State
licensing or regulatory power. In
the case of an employer which is subject to the licensing or regulatory power
of the state or any political subdivision or agency thereof, if the
commissioner issues an order to comply under subdivision 4, the commissioner
may provide the licensing or regulatory agency a copy of the order to comply. Unless the order to comply is reversed in the
course of administrative or judicial review, the order to comply is binding on
the agency and the agency may take appropriate action, including action related
to the eligibility, renewal, suspension, or revocation of a license or
certificate of public convenience and necessity if the agency is otherwise
authorized to take such action.
Sec. 7. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 14. Public
contracts. In the case of an
employer that is a party to a public contract, if the commissioner issues an
order to comply under subdivision 4, the commissioner may provide a copy of the
order to comply to the contract letting agency.
Unless the order to comply is reversed in the course of administrative
or judicial review, an order to comply is binding on the contract letting
agency and the agency may take appropriate administrative action, including the
imposition of financial penalties and eligibility for, termination or
nonrenewal of a contract, in whole or in part, if the agency is otherwise
authorized to take the action.
Sec. 8. Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:
Subd. 15. Notice
to employees of compliance orders and citations. In a compliance order or citation
issued under this chapter and chapters 181, 181A, and 184, the commissioner may
require that the provisions of a compliance order or citation setting out the
violations found by the commissioner and any subsequent document setting out
the resolution of the compliance order or citation through settlement agreement
or other final disposition, upon receipt by the employer, be made available for
review by the employees of the employer using the means the employer uses to
provide other work-related notices to the employer's employees. The means used by the employer must be at
least as effective as the following options for providing notice: (1) posting a copy of the compliance order or
citation at each location where employees perform work and where the notice
must be readily observed and easily reviewed by all employees performing work;
or (2) providing a paper or electronic copy of the compliance order or citation
to employees. Each citation and proposed
penalty shall be posted or made available to employees for a minimum period of
20 days. Upon issuance of a compliance
order or citation to an employer, the commissioner may also provide the
provisions of the compliance order or citation setting out the violations found
by the commissioner and any resolution of a compliance order or citation
through settlement agreement or other final disposition to the employer's
employees who may be affected by the order or citation and how the order or
citation and resolution may affect their interests.
Sec. 9. Minnesota Statutes 2018, section 177.30, is amended to read:
177.30
KEEPING RECORDS; PENALTY.
(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record of:
(1) the name, address, and occupation of each employee;
(2) the rate of pay, and the amount paid each pay period to each employee, including whether each employee is paid by the hour, shift, day, week, salary, piece, commission, or other;
(3) the hours worked each day and each workweek by the employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;
(4)
any personnel policies provided to employees;
(5) a copy of the notice provided to each
employee as required by section 181.032, paragraph (d);
(6) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; and
(5) (7) other information the
commissioner finds necessary and appropriate to enforce sections 177.21 to
177.435. The records must be kept for
three years in or near the premises where an employee works except each
employer subject to sections 177.41 to 177.44, and while performing work on public
works projects funded in whole or in part with state funds, the records must be
kept for three years after the contracting authority has made final payment on
the public works project.
(b) All records required to be kept under
paragraph (a) must be readily available for inspection by the commissioner upon
demand. The records must be either kept
at the place where employees are working or kept in a manner that allows the
employer to comply with this paragraph within 24 hours.
(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $10,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.
(d) If the records maintained by the
employer do not provide sufficient information to determine the exact amount of
back wages due an employee, the commissioner may make a determination of wages
due based on available evidence.
Sec. 10. Minnesota Statutes 2018, section 177.32, subdivision 1, is amended to read:
Subdivision 1. Misdemeanors. (a) An employer who does any of the following is guilty of a misdemeanor:
(1) hinders or delays the commissioner in the performance of duties required under sections 177.21 to 177.435, or chapter 181;
(2) refuses to admit the commissioner to the place of business or employment of the employer, as required by section 177.27, subdivision 1;
(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;
(4) falsifies any record;
(5) refuses to make any record available, or to furnish a sworn statement of the record or any other information as required by section 177.27;
(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary of the applicable rules as required by section 177.31;
(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21 to 177.44, or described and provided by an employer to its employees under section 181.032;
(8) refuses to allow adequate time from work as required by section 177.253; or
(9) otherwise violates any provision of sections 177.21 to 177.44, or commits wage theft as described in section 181.03, subdivision 1.
Intent is not an element of a misdemeanor under this
paragraph.
(b) An employer is guilty of a gross
misdemeanor if the employer is found to have intentionally retaliated against
an employee for asserting rights or remedies under sections 177.21 to 177.44 or
section 181.03.
Sec. 11. [177.45]
ENFORCEMENT; REMEDIES.
Subdivision 1. Public
enforcement. In addition to
the enforcement of this chapter by the department, the attorney general may
enforce this chapter under section 8.31.
Subd. 2. Remedies
cumulative. The remedies
provided in this chapter are cumulative and do not restrict any remedy that is
otherwise available, including remedies provided under section 8.31. The remedies available under this section are
not exclusive and are in addition to any other requirements, rights, remedies,
and penalties provided by law.
Sec. 12. Minnesota Statutes 2018, section 181.03, subdivision 1, is amended to read:
Subdivision 1. Prohibited
practices. An employer may not,
directly or indirectly and with intent to defraud: (a) No employer shall commit wage
theft.
(b) For purposes of this section, wage
theft is committed if:
(1) cause an employer has failed
to pay an employee all wages, salary, gratuities, earnings, or commissions at
the employee's rate or rates of pay or at the rate or rates required by law,
including any applicable statute, regulation, rule, ordinance, government
resolution or policy, contract, or other legal authority, whichever rate of pay
is greater;
(2) an employer directly or indirectly causes any employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered;
(2) (3) an employer directly
or indirectly demand demands or receive receives
from any employee any rebate or refund from the wages owed the employee under
contract of employment with the employer; or
(3) (4) an employer in any
manner make makes or attempt attempts to make it
appear that the wages paid to any employee were greater than the amount
actually paid to the employee.
Sec. 13. Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:
Subd. 4. Enforcement. The use of an enforcement provision in
this section shall not preclude the use of any other enforcement provision
provided by law.
Sec. 14. Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:
Subd. 5. Citations. (a) In addition to other remedies and
penalties provided by this chapter and chapter 177, the commissioner may issue
a citation for a civil penalty of up to $1,000 for any wage theft of up to
$1,000 by serving the citation on the employer.
The citation may direct the employer to pay employees in a manner
prescribed by the commissioner any wages, salary, gratuities, earnings, or
commissions owed to the employee within 15 days of service of the citation on
the employer. The commissioner shall serve
the citation upon the employer or the employer's authorized representative in
person or by certified mail at the employer's place of business or registered
office address with the secretary of state.
The citation shall require the employer to correct the violation and
cease and desist from committing the violation.
(b) In determining the amount of the
civil penalty, the commissioner shall consider the size of the employer's
business and the gravity of the violation as provided in section 14.045, subdivision
3, paragraph (a). If the citation
includes a penalty assessment, the penalty is due and payable on the date the
citation becomes final. The commissioner
may vacate the citation if the employer pays the amount of wages, salaries,
commissions, earnings, and gratuities due in the citation within five days
after the citation is served on the employer.
Sec. 15. Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:
Subd. 6. Administrative
review. Within 15 days after
the commissioner of labor and industry issues a citation under subdivision 5,
the employer to whom the citation is issued may request an expedited hearing to
review the citation. The request for
hearing must be in writing and must be served on the commissioner at the
address specified in the citation. If
the employer does not request a hearing or if the employer's written request
for hearing is not served on the commissioner by the 15th day after the
commissioner issues the citation, the citation becomes a final order of the
commissioner and is not subject to review by any court or agency. The hearing request must state the reasons
for seeking review of the citation. The
employer to whom the citation is issued and the commissioner are the parties to
the expedited hearing. The commissioner
must notify the employer to whom the citation is issued of the time and place
of the hearing at least 15 days before the hearing. The hearing shall be conducted under
Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this section. If a hearing has been held, the commissioner
shall not issue a final order until at least five days after the date of the
administrative law judge's report. Any
person aggrieved by the administrative law judge's report may, within those
five days, serve written comments to the commissioner on the report and the
commissioner shall consider and enter the comments in the record. The commissioner's final order shall comply
with sections 14.61, subdivision 2, and 14.62, subdivisions 1 and 2a, and may
be appealed in the manner provided in sections 14.63 to 14.69.
Sec. 16. Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:
Subd. 7. Effect
on other laws. Nothing in
this section shall be construed to limit the application of other state or
federal laws.
Sec. 17. Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:
Subd. 8. Retaliation. An employer must not retaliate against
an employee for asserting rights or remedies under this section, including but
not limited to filing a complaint with the Department of Labor and Industry or
telling the employer of intention to file a complaint. A rebuttable presumption of unlawful
retaliation under this section exists whenever an employer takes adverse action
against an employee within 90 days of the employee asserting rights or remedies
under this section.
Sec. 18. Minnesota Statutes 2018, section 181.032, is amended to read:
181.032
REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE TO EMPLOYEE.
(a) At the end of each pay period, the employer shall provide each employee an earnings statement, either in writing or by electronic means, covering that pay period. An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee's regular working hours to review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but must include:
(1) the name of the employee;
(2) the hourly rate or rates
of pay (if applicable) and basis thereof, including whether the
employee is paid by hour, shift, day, week, salary, piece, commission, or other
method;
(3) allowances, if any, claimed
pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
(4) (5) the total amount of
gross pay earned by the employee during that period;
(5) (6) a list of deductions
made from the employee's pay;
(6) (7) the net amount of
pay after all deductions are made;
(7) (8) the date on which
the pay period ends; and
(8) (9) the legal name of
the employer and the operating name of the employer if different from the legal
name.;
(10) the physical address of the
employer's main office or principal place of business, and a mailing address if
different; and
(11) the telephone number of the
employer.
(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form. Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.
(d) At the start of employment, an
employer shall provide each employee a written notice containing the following
information:
(1) the rate or rates of pay and basis thereof,
including whether the employee is paid by the hour, shift, day, week, salary,
piece, commission, or other method, and the specific application of any
additional rates;
(2) allowances, if any, claimed
pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other
paid time off accruals and terms of use;
(4)
the employee's employment status and whether the employee is exempt from
minimum wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be
made from the employee's pay;
(6) the dates on which the pay periods
start and end and the regularly scheduled payday;
(7) the legal name of the employer and
the operating name of the employer if different from the legal name;
(8) the physical address of the
employer's main office or principal place of business, and a mailing address if
different; and
(9) the telephone number of the
employer.
(e) The employer must keep a copy of the
notice under paragraph (d) signed by each employee acknowledging receipt of the
notice. The notice must be provided to
each employee in English and in the employee's native language.
(f) An employer must provide the
employee any written changes to the information contained in the notice under
paragraph (d) at least seven calendar days prior to the time the changes take
effect. The changes must be signed by
the employee before the changes go into effect.
The employer must keep a signed copy of all notice of changes as well as
the initial notices under paragraph (d).
Sec. 19. Minnesota Statutes 2018, section 181.101, is amended to read:
181.101
WAGES; HOW OFTEN PAID.
(a) Except as provided in paragraph (b),
every employer must pay all wages earned by an employee at least once every 31
16 days on a regular payday designated in advance by the employer
regardless of whether the employee requests payment at longer intervals. Unless paid earlier, the wages earned
during the first half of the first 31-day pay period become due on the first
regular payday following the first day of work. An employer's pay period must be no longer
than 16 days. All wages earned in a pay
period must be paid to an employee within 16 days of the end of that pay period. If wages earned are not paid, the
commissioner of labor and industry or the commissioner's representative may serve
a demand for payment on behalf of an employee. If payment is not made within ten five
days of service of the demand, the commissioner may charge and collect
the wages earned and a penalty liquidated damages in the amount
of the employee's average daily earnings at the employee's rate agreed
upon in the contract of employment or rates of pay or at the rate or
rates required by law, including any applicable statute, regulation, rule,
ordinance, government resolution or policy, contract, or other legal authority,
whichever rate of pay is greater, not exceeding 15 days in all,
for each day beyond the ten-day five-day limit following the
demand. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an employee
from prosecuting a claim for wages. This
section does not prevent a school district, other public school entity, or
other school, as defined under section 120A.22, from paying any wages earned by
its employees during a school year on regular paydays in the manner provided by
an applicable contract or collective bargaining agreement, or a personnel
policy adopted by the governing board. For
purposes of this section, "employee" includes a person who performs
agricultural labor as defined in section 181.85, subdivision 2. For purposes of this section, wages are
earned on the day an employee works.
(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision 10, a member of an organized first responder squad that is formally recognized by a political subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant at least once every 31 days, unless the employer and the employee mutually agree upon payment at longer intervals.
Sec. 20. [181.1721]
ENFORCEMENT; REMEDIES.
Subdivision 1. Public
enforcement. In addition to
the enforcement of this chapter by the department, the attorney general may
enforce this chapter under section 8.31.
Subd. 2. Remedies
cumulative. The remedies
provided in this chapter are cumulative and do not restrict any remedy that is
otherwise available, including remedies provided under section 8.31. The remedies available under this section are
not exclusive and are in addition to any other requirements, rights, remedies,
and penalties provided by law.
Sec. 21. Minnesota Statutes 2018, section 609.52, subdivision 1, is amended to read:
Subdivision 1. Definitions. In this section:
(1) "Property" means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article.
(2) "Movable property" is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.
(3) "Value" means the retail
market value at the time of the theft, or if the retail market value cannot be
ascertained, the cost of replacement of the property within a reasonable time
after the theft, or in the case of a theft or the making of a copy of an
article representing a trade secret, where the retail market value or
replacement cost cannot be ascertained, any reasonable value representing the
damage to the owner which the owner has suffered by reason of losing an
advantage over those who do not know of or use the trade secret. For a check, draft, or other order for the
payment of money, "value" means the amount of money promised or
ordered to be paid under the terms of the check, draft, or other order. For a theft committed within the meaning of
subdivision 2, clause (5), items (i) and (ii), if the property has been
restored to the owner, "value" means the value of the use of the
property or the damage which it sustained, whichever is greater, while the
owner was deprived of its possession, but not exceeding the value otherwise provided
herein. For a theft committed within the
meaning of subdivision 2, clause (9), if the property has been restored to the
owner, "value" means the rental value of the property, determined at
the rental rate contracted by the defendant or, if no rental rate was contracted,
the rental rate customarily charged by the owner for use of the property, plus
any damage that occurred to the property while the owner was deprived of its
possession, but not exceeding the total retail value of the property at the
time of rental. For a theft committed
within the meaning of subdivision 2, clause (19), "value" means the
difference between wages legally required to be reported or paid to an employee
and the amount actually reported or paid to the employee.
(4) "Article" means any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing, constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing, or sketch made of or from an article while in the presence of the article.
(8) "Property of another" includes property in which the actor is co-owner or has a lien, pledge, bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which are known to the actor and which make the transfer fraudulent as defined in section 513.44, property possessed pursuant to a short-term rental contract, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use including rental of personal property or equipment.
(10) "Motor vehicle" means a self-propelled device for moving persons or property or pulling implements from one place to another, whether the device is operated on land, rails, water, or in the air.
(11) "Motor fuel" has the meaning given in section 604.15, subdivision 1.
(12) "Retailer" has the meaning given in section 604.15, subdivision 1.
Sec. 22. Minnesota Statutes 2018, section 609.52, subdivision 2, is amended to read:
Subd. 2. Acts constituting theft. (a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:
(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property; or
(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or
(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used to establish a rate or claim for payment for medical care provided to a recipient of medical assistance under chapter 256B, which intentionally and falsely states the costs of or actual services provided by a vendor of medical care; or
(iv) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 which intentionally and falsely states the costs of or actual treatment or supplies provided; or
(v) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 for treatment or supplies that the provider knew were medically unnecessary, inappropriate, or excessive; or
(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or
(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:
(i) the control exercised manifests an indifference to the rights of the owner or the restoration of the property to the owner; or
(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or
(iii) the actor intends to restore the property only on condition that the owner pay a reward or buy back or make other compensation; or
(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder's own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or
(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor's own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor's own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or
(9) leases or rents personal property under a written instrument and who:
(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with intent to deprive the lessor of possession thereof; or
(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or
(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.
For the purposes of items (iii) and (iv), the value of the property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer's identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer's identification number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for cable television service by:
(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by
(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or
(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for telecommunications service by:
(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:
(A) made or was aware of the connection; and
(B) was aware that the connection was unauthorized;
(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation's articles of incorporation; or
(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or
(18) intentionally, and without claim of
right, takes motor fuel from a retailer without the retailer's consent and with
intent to deprive the retailer permanently of possession of the fuel by driving
a motor vehicle from the premises of the retailer without having paid for the
fuel dispensed into the vehicle.; or
(19) intentionally engages in or
authorizes a prohibited practice of wage theft as described in section 181.03,
subdivision 1.
(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel. This paragraph does not apply if: (1) payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer's claim, has been sent. This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle's license plate has been reported stolen before the theft of the fuel.
Sec. 23. Minnesota Statutes 2018, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20
years or to payment of a fine of not more than $100,000, or both, if the
property is a firearm, or the value of the property or services stolen is more
than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16), or (19), or section 609.2335, subdivision
1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or
(iv) the
property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
Sec. 24. APPROPRIATION.
(a) $2,046,000 in fiscal year 2020 and
$2,046,000 in fiscal year 2021 are appropriated from the general fund to the
commissioner of labor and industry to address wage theft.
(b) $654,000 in fiscal year 2020 and
$654,000 in fiscal year 2021 are appropriated from the general fund to the
attorney general to address wage theft.
(c) If an appropriation in this act is enacted more than once in the 2019 legislative session, the appropriation must be given effect only once."
Delete the title and insert:
"A bill for an act relating to employment; prohibiting wage theft; modifying payment of wages; increasing civil and criminal penalties; allowing for administrative review; appropriating money; amending Minnesota Statutes 2018, sections 16C.285, subdivision 3; 177.27, subdivision 2, by adding subdivisions; 177.30; 177.32, subdivision 1; 181.03, subdivision 1, by adding subdivisions; 181.032; 181.101; 609.52, subdivisions 1, 2, 3; proposing coding for new law in Minnesota Statutes, chapters 177; 181."
With the recommendation that when so amended the bill be placed on the General Register.
The report was
adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 11, A bill for an act relating to employment; providing for earned sick and safe time; authorizing rulemaking; imposing civil penalties; requiring reports; amending Minnesota Statutes 2018, section 177.27, subdivisions 2, 4, 7; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2018, section 181.9413.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
EARNED SICK AND SAFE TIME
Section 1. Minnesota Statutes 2018, section 181.942, subdivision 1, is amended to read:
Subdivision 1. Comparable position. (a) An employee returning from a leave of
absence under section 181.941 is entitled to return to employment in the
employee's former position or in a position of comparable duties, number of
hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least
two weeks prior to return from leave. An
employee returning from a leave under section 181.9412 or 181.9413 181.9445
is entitled to return to employment in the employee's former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.
Sec. 2. [181.9445] EARNED SICK AND SAFE TIME.
Subdivision 1.
Definitions. (a) For the purposes of this section
and section 177.50, the terms defined in this subdivision have the meanings
given them.
(b) "Commissioner" means the commissioner of
labor and industry or authorized designee or representative.
(c) "Domestic abuse" has the meaning given in
section 518B.01.
(d)
"Earned sick and safe time" means leave, including paid time off and
other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under subdivision 3.
(e) "Employee" means any
person who is employed by an employer, including temporary and part-time
employees, who performs work for at least 80 hours in a year for that employer
in Minnesota. Employee does not include:
(1) an independent contractor; or
(2) an individual employed by an air
carrier as a flight deck or cabin crew member who is subject to United States
Code, title 45, sections 181 to 188, and who is provided with paid leave equal
to or exceeding the amounts in subdivision 2.
(f) "Employer" means a person
who has one or more employees. Employer
includes an individual, a corporation, a partnership, an association, a
business trust, a nonprofit organization, a group of persons, a state, county,
town, city, school district, or other governmental subdivision. In the event that a temporary employee is
supplied by a staffing agency, absent a contractual agreement stating
otherwise, that individual shall be an employee of the staffing agency for all
purposes of this section and section 177.50.
(g) "Family member" means:
(1) an employee's:
(i) child, foster child, adult child,
legal ward, or child for whom the employee is legal guardian;
(ii) spouse or registered domestic
partner;
(iii) sibling, stepsibling, or foster
sibling;
(iv) parent or stepparent;
(v) grandchild, foster grandchild, or
stepgrandchild; or
(vi) grandparent or stepgrandparent;
(2) any of the family members listed in
clause (1) of a spouse or registered domestic partner;
(3) any individual related by blood or
affinity whose close association with the employee is the equivalent of a
family relationship; and
(4) up to one individual annually
designated by the employee.
(h) "Health care
professional" means any person licensed under federal or state law to
provide medical or emergency services, including doctors, physician assistants,
nurses, and emergency room personnel.
(i) "Prevailing wage rate"
has the meaning given in section 177.42 and as calculated by the Department of
Labor and Industry.
(j) "Retaliatory personnel action"
means:
(1)
any form of intimidation, threat, reprisal, harassment, discrimination, or
adverse employment action, including discipline, discharge, suspension,
transfer, or reassignment to a lesser position in terms of job classification,
job security, or other condition of employment; reduction in pay or hours or
denial of additional hours; the accumulation of points under an attendance
point system; informing another employer that the person has engaged in
activities protected by this chapter; or reporting or threatening to report the
actual or suspected citizenship or immigration status of an employee, former
employee, or family member of an employee to a federal, state, or local agency;
and
(2) interference with or punishment for
participating in any manner in an investigation, proceeding, or hearing under
this chapter.
(k) "Sexual assault" means an
act that constitutes a violation under sections 609.342 to 609.3453 or 609.352.
(l) "Stalking" has the
meaning given in section 609.749.
(m) "Year" means a regular
and consecutive 12-month period, as determined by an employer and clearly
communicated to each employee of that employer.
Subd. 2. Accrual
of earned sick and safe time. (a)
An employee accrues a minimum of one hour of earned sick and safe time for
every 30 hours worked up to a maximum of 48 hours of earned sick and safe time
in a year. Employees may not accrue more
than 48 hours of earned sick and safe time in a year unless the employer agrees
to a higher amount.
(b) Employers must permit an employee
to carry over accrued but unused sick and safe time into the following year. The total amount of accrued but unused earned
sick and safe time for an employee may not exceed 80 hours at any time, unless
an employer agrees to a higher amount.
(c) Employees who are exempt from
overtime requirements under United States Code, title 29, section 213(a)(1), as
amended through the effective date of this section, are deemed to work 40 hours
in each workweek for purposes of accruing earned sick and safe time, except
that an employee whose normal workweek is less than 40 hours will accrue
earned sick and safe time based on the normal workweek.
(d) Earned sick and safe time under
this section begins to accrue at the commencement of employment of the
employee.
(e) Employees may use accrued earned
sick and safe time beginning 90 calendar days after the day their employment
commenced. After 90 days from the day
employment commenced, employees may use earned sick and safe time as it is
accrued. The 90-calendar-day period
under this paragraph includes both days worked and days not worked.
Subd. 3. Use
of earned sick and safe time. (a)
An employee may use accrued earned sick and safe time for:
(1) an employee's:
(i) mental or physical illness, injury,
or other health condition;
(ii) need for medical diagnosis, care,
or treatment of a mental or physical illness, injury, or health condition; or
(iii) need for preventive medical or
health care;
(2) care of a family member:
(i)
with a mental or physical illness, injury, or other health condition;
(ii) who needs medical diagnosis, care,
or treatment of a mental or physical illness, injury, or other health
condition; or
(iii) who needs preventive medical or
health care;
(3) absence due to domestic abuse,
sexual assault, or stalking of the employee or employee's family member,
provided the absence is to:
(i) seek medical attention related to
physical or psychological injury or disability caused by domestic abuse, sexual
assault, or stalking;
(ii) obtain services from a victim
services organization;
(iii) obtain psychological or other
counseling;
(iv) seek relocation due to domestic
abuse, sexual assault, or stalking; or
(v) seek legal advice or take legal
action, including preparing for or participating in any civil or criminal legal
proceeding related to or resulting from domestic abuse, sexual assault, or
stalking;
(4) closure of the employee's place of
business due to weather or other public emergency or an employee's need to care
for a family member whose school or place of care has been closed due to
weather or other public emergency; and
(5) when it has been determined by the
health authorities having jurisdiction or by a health care professional that
the presence of the employee or family member of the employee in the community
would jeopardize the health of others because of the exposure of the employee
or family member of the employee to a communicable disease, whether or not the
employee or family member has actually contracted the communicable disease.
(b) An employer may require notice of
the need for use of earned sick and safe time as provided in this paragraph. If the need for use is foreseeable, an
employer may require advance notice of the intention to use earned sick and
safe time but must not require more than seven days' advance notice. If the need is unforeseeable, an employer may
require an employee to give notice of the need for earned sick and safe time as
soon as practicable.
(c) When an employee uses earned sick
and safe time for more than three consecutive days, an employer may require
reasonable documentation that the earned sick and safe time is covered by
paragraph (a). For earned sick and safe
time under paragraph (a), clauses (1) and (2), reasonable documentation may
include a signed statement by a health care professional indicating the need
for use of earned sick and safe time. For
earned sick and safe time under paragraph (a), clause (3), an employer must
accept a court record or documentation signed by a volunteer or employee of a
victims services organization, an attorney, a police officer, or an
antiviolence counselor as reasonable documentation. An employer must not require disclosure of
details relating to domestic abuse, sexual assault, or stalking or the details
of an employee's or an employee's family member's medical condition as related
to an employee's request to use earned sick and safe time under this section.
(d) An employer may not require, as a
condition of an employee using earned sick and safe time, that the employee
seek or find a replacement worker to cover the hours the employee uses as
earned sick and safe time.
(e) Earned sick and safe time may be
used in the smallest increment of time tracked by the employer's payroll system,
provided such increment is not more than four hours.
Subd. 4. Retaliation
prohibited. An employer shall
not take retaliatory personnel action against an employee because the employee
has requested earned sick and safe time, used earned sick and safe time,
requested a statement of accrued sick and safe time, or made a complaint or
filed an action to enforce a right to earned sick and safe time under this
section.
Subd. 5. Reinstatement
to comparable position after leave. An
employee returning from a leave under this section is entitled to return to
employment in a comparable position. If,
during a leave under this section, the employer experiences a layoff and the
employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system,
including a system under a collective bargaining agreement, the employee is not
entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains
all rights under the layoff and recall system, including a system under a
collective bargaining agreement, as if the employee had not taken the leave.
Subd. 6. Pay
and benefits after leave. An
employee returning from a leave under this section is entitled to return to
employment at the same rate of pay the employee had been receiving when the
leave commenced, plus any automatic adjustments in the employee's pay scale
that occurred during leave period. The
employee returning from a leave is entitled to retain all accrued preleave
benefits of employment and seniority as if there had been no interruption in
service, provided that nothing under this section prevents the accrual of
benefits or seniority during the leave pursuant to a collective bargaining or
other agreement between the employer and employees.
Subd. 7. Part-time
return from leave. An
employee, by agreement with the employer, may return to work part time during
the leave period without forfeiting the right to return to employment at the
end of the leave, as provided under this section.
Subd. 8. Notice
and posting by employer. (a)
Employers must give notice to all employees that they are entitled to earned
sick and safe time, including the amount of earned sick and safe time, the
accrual year for the employee, and the terms of its use under this section;
that retaliation against employees who request or use earned sick and safe time
is prohibited; and that each employee has the right to file a complaint or
bring a civil action if earned sick and safe time is denied by the employer or
the employee is retaliated against for requesting or using earned sick and safe
time.
(b) Employers must supply employees
with a notice in English and other appropriate languages that contains the
information required in paragraph (a) at commencement of employment or the
effective date of this section, whichever is later.
(c) The means used by the employer must
be at least as effective as the following options for providing notice:
(1) posting a copy of the notice at
each location where employees perform work and where the notice must be readily
observed and easily reviewed by all employees performing work; or
(2) providing a paper or electronic
copy of the notice to employees.
The notice must contain all information required under
paragraph (a). The commissioner shall
create and make available to employers a poster and a model notice that
contains the information required under paragraph (a) for their use in
complying with this section.
(d) An employer that provides an
employee handbook to its employees must include in the handbook notice of
employee rights and remedies under this section.
Subd. 9. Required
statement to employee. (a)
Upon request of the employee, the employer must provide, in writing or electronically,
current information stating the employee's amount of:
(1) earned sick and safe time available
to the employee; and
(2) used earned sick and safe time.
(b) Employers may choose a reasonable
system for providing the information in paragraph (a), including but not
limited to listing information on each pay stub or developing an online system
where employees can access their own information.
Subd. 10. Employer
records. (a) Employers shall
retain accurate records documenting hours worked by employees and earned sick
and safe time taken and comply with all requirements under section 177.30.
(b) An employer must allow an employee
to inspect records required by this section and relating to that employee at a
reasonable time and place.
Subd. 11. Confidentiality
and nondisclosure. (a) If, in
conjunction with this section, an employer possesses (1) health or medical
information regarding an employee or an employee's family member; (2)
information pertaining to domestic abuse, sexual assault, or stalking; (3)
information that the employee has requested or obtained leave under this
section; or (4) any written or oral statement, documentation, record, or
corroborating evidence provided by the employee or an employee's family member,
the employer must treat such information as confidential. Information given by an employee may only be
disclosed by an employer if the disclosure is requested or consented to by the
employee, when ordered by a court or administrative agency, or when otherwise
required by federal or state law.
(b) Records and documents relating to
medical certifications, recertifications, or medical histories of employees or
family members of employees created for purposes of this section or section
177.50 must be maintained as confidential
medical records separate from the usual personnel files. At the request of the employee, the employer
must destroy or return the records required by this section that are older than
three years prior to the current calendar year.
(c) Employers may not discriminate
against any employee based on records created for the purposes of this section
or section 177.50.
Subd. 12. No
effect on more generous sick and safe time policies. (a) Nothing in this section shall be
construed to discourage employers from adopting or retaining earned sick and
safe time policies that meet or exceed, and do not otherwise conflict with, the
minimum standards and requirements provided in this section.
(b) Nothing in this section shall be
construed to limit the right of parties to a collective bargaining agreement to
bargain and agree with respect to earned sick and safe time policies or to
diminish the obligation of an employer to comply with any contract, collective
bargaining agreement, or any employment benefit program or plan that meets or
exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
(c) Employers who provide earned sick
and safe time to their employees under a paid time off policy or other paid
leave policy that meets or exceeds, and does not otherwise conflict with, the
minimum standards and requirements provided in this section are not required to
provide additional earned sick and safe time.
(d) An employer may opt to satisfy the
requirements of this section for construction industry employees by:
(1) paying at least the prevailing wage
rate as defined by section 177.42 and as calculated by the Department of Labor
and Industry; or
(2)
paying at least the required rate established in a registered apprenticeship
agreement for apprentices registered with the Department of Labor and Industry.
An employer electing this option is deemed to be in
compliance with this section for construction industry employees who receive
either at least the prevailing wage rate or the rate required in the applicable
apprenticeship agreement regardless of whether the employees are working on
private or public projects.
(e) This section does not prohibit an
employer from establishing a policy whereby employees may donate unused accrued
sick and safe time to another employee.
(f) This section does not prohibit an
employer from advancing sick and safe time to an employee before accrual by the
employee.
Subd. 13. Termination;
separation; transfer. This
section does not require financial or other reimbursement to an employee from
an employer upon the employee's termination, resignation, retirement, or other
separation from employment for accrued earned sick and safe time that has not
been used. If an employee is transferred
to a separate division, entity, or location, but remains employed by the same
employer, the employee is entitled to all earned sick and safe time accrued at
the prior division, entity, or location and is entitled to use all earned sick
and safe time as provided in this section.
When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned
sick and safe time that had not been used must be reinstated. An employee is entitled to use accrued earned
sick and safe time and accrue additional earned sick and safe time at the
commencement of reemployment.
Subd. 14. Employer
succession. (a) When a
different employer succeeds or takes the place of an existing employer, all employees
of the original employer who remain employed by the successor employer are
entitled to all earned sick and safe time accrued but not used when employed by
the original employer, and are entitled to use all earned sick and safe time
previously accrued but not used.
(b) If, at the time of transfer of the
business, employees are terminated by the original employer and hired within 30
days by the successor employer following the transfer, those employees are
entitled to all earned sick and safe time accrued but not used when employed by
the original employer, and are entitled to use all earned sick and safe time
previously accrued but not used.
Sec. 3. REPEALER.
Minnesota Statutes 2018, section
181.9413, is repealed.
Sec. 4. EFFECTIVE
DATE.
Sections 1 to 3 are effective 180 days
following final enactment.
ARTICLE 2
EARNED SICK AND SAFE TIME ENFORCEMENT
Section 1. Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:
Subd. 2. Submission of records; penalty. The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.
The commissioner may fine the employer up
to $1,000 $10,000 for each failure to submit or deliver records
as required by this section. This
penalty is in addition to any penalties provided under section 177.32, subdivision
1. In determining the amount of a civil
penalty under this subdivision, the appropriateness of such penalty to the size
of the employer's business and the gravity of the violation shall be
considered.
Sec. 2. Minnesota Statutes 2018, section 177.27, subdivision 4, is amended to read:
Subd. 4. Compliance
orders. The commissioner may issue
an order requiring an employer to comply with sections 177.21 to 177.435,
181.02, 181.03, 181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145,
181.15, 181.172, paragraph (a) or (d), 181.275, subdivision 2a, 181.722,
181.79, and 181.939 to 181.943, and 181.9445, or with any rule
promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections
177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any
time during the two years that preceded the date of violation, the commissioner
issued an order to the employer for violation of sections 177.41 to 177.435 and
the order is final or the commissioner and the employer have entered into a
settlement agreement that required the employer to pay back wages that were
required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of
business. An employer who wishes to
contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held
in accordance with sections 14.57 to 14.69.
If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the
order becomes a final order of the commissioner.
Sec. 3. Minnesota Statutes 2018, section 177.27, subdivision 7, is amended to read:
Subd. 7. Employer
liability. If an employer is found
by the commissioner to have violated a section identified in subdivision 4, or
any rule adopted under section 177.28, and the commissioner issues an order to
comply, the commissioner shall order the employer to cease and desist from
engaging in the violative practice and to take such affirmative steps that in
the judgment of the commissioner will effectuate the purposes of the section or
rule violated. The commissioner shall
order the employer to pay to the aggrieved parties back pay, gratuities, and
compensatory damages, less any amount actually paid to the employee by the
employer, and for an additional equal amount as liquidated damages. Any employer who is found by the commissioner
to have repeatedly or willfully violated a section or sections identified in
subdivision 4 shall be subject to a civil penalty of up to $1,000 $10,000
for each violation for each employee. In
determining the amount of a civil penalty under this subdivision, the
appropriateness of such penalty to the size of the employer's business and the
gravity of the violation shall be considered.
In addition, the commissioner may order the employer to reimburse the
department and the attorney general for all appropriate litigation and hearing
costs expended in preparation for and in conducting the contested case
proceeding, unless payment of costs would impose extreme financial hardship on
the employer. If the employer is able to
establish extreme financial hardship, then the commissioner may order the
employer to pay a percentage of the total costs that will not cause extreme
financial hardship. Costs include but
are not limited to the costs of services rendered by the attorney general,
private attorneys if engaged by the department, administrative law judges,
court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to,
the unpaid balance of a commissioner's order from the date the order is signed
by the commissioner until it is paid, at an annual rate provided in section
549.09, subdivision 1, paragraph (c). The
commissioner may establish escrow accounts for purposes of distributing
damages.
Sec. 4. [177.50]
EARNED SICK AND SAFE TIME ENFORCEMENT.
Subdivision 1. Definitions. The definitions in section 181.9445,
subdivision 1, apply to this section.
Subd. 2. Rulemaking
authority. The commissioner
may adopt rules to carry out the purposes of this section and section 181.9445.
Subd. 3. Individual
remedies. In addition to any
other remedies provided by law, a person injured by a violation of section
181.9445 may bring a civil action to recover general and special damages, along
with costs, fees, and reasonable attorney fees, and may receive injunctive and
other equitable relief as determined by a court. An action to recover damages under this
subdivision must be commenced within three years of the violation of section
181.9445 that caused the injury to the employee.
Subd. 4. Grants
to community organizations. The
commissioner may make grants to community organizations for the purpose of
outreach to and education for employees regarding their rights under section
181.9445. The community-based
organizations must be selected based on their experience, capacity, and
relationships in high-violation industries.
The work under such a grant may include the creation and administration
of a statewide worker hotline.
Subd. 5. Report
to legislature. (a) The
commissioner must submit an annual report to the legislature, including to the
chairs and ranking minority members of any relevant legislative committee. The report must include, but is not limited
to:
(1)
a list of all violations of section 181.9445, including the employer involved,
and the nature of any violations; and
(2) an analysis of noncompliance with
section 181.9445, including any patterns by employer, industry, or county.
(b) A report under this section must
not include an employee's name or other identifying information, any health or
medical information regarding an employee or an employee's family member, or
any information pertaining to domestic abuse, sexual assault, or stalking of an
employee or an employee's family member.
Subd. 6. Contract
for labor or services. It is
the responsibility of all employers to not enter into any contract or agreement
for labor or services where the employer has any actual knowledge or knowledge
arising from familiarity with the normal facts and circumstances of the
business activity engaged in, or has any additional facts or information that,
taken together, would make a reasonably prudent person undertake to inquire
whether, taken together, the contractor is not complying or has failed to
comply with this section. For purposes
of this subdivision, "actual knowledge" means information obtained by
the employer that the contractor has violated this section within the past two
years and has failed to present the employer with credible evidence that such
noncompliance has been cured going forward.
EFFECTIVE
DATE. This section is
effective 180 days after final enactment.
ARTICLE 3
EARNED SICK AND SAFE TIME APPROPRIATIONS
Section 1.
EARNED SICK AND SAFE TIME
APPROPRIATIONS.
(a) $3,866,000 in fiscal year 2020 and
$4,072,000 in fiscal year 2021 are appropriated from the general fund to the
commissioner of labor and industry for enforcement and other duties regarding
earned sick and safe time under Minnesota Statutes, section 181.9445 and
chapter 177. In fiscal year 2022, the
base amount is $2,874,000 and in fiscal year 2023 and beyond, the base amount
is $2,873,000.
(b)
$22,000 in fiscal year 2020 and $93,000 in fiscal year 2021 are appropriated
from the general fund to the commissioner of management and budget for costs
associated with earned sick and safe time under Minnesota Statutes, section
181.9445.
(c) If an appropriation in this act is enacted more than once in the 2019 legislative session, the appropriation must be given effect only once."
Delete the title and insert:
"A bill for an act relating to employment; providing for earned sick and safe time; appropriating money; authorizing rulemaking; imposing civil penalties; requiring reports; amending Minnesota Statutes 2018, sections 177.27, subdivisions 2, 4, 7; 181.942, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 177; 181; repealing Minnesota Statutes 2018, section 181.9413."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 90, A bill for an act relating to health; establishing consumer protections for residents of assisted living establishments; establishing an assisted living establishment license; providing penalties; granting rulemaking authority; requiring reports; amending Minnesota Statutes 2018, sections 144.057, subdivision 1; 144.0721; 144.122; 144.651, subdivision 1, by adding a subdivision; 144A.18; 144A.19, subdivision 1; 144A.20, subdivision 1; 144A.21; 144A.23; 144A.24; 144A.251; 144A.2511; 144A.26; 144A.27; 144A.4791, subdivision 10; 144D.01, subdivisions 2a, 4, 5, by adding subdivisions; 144D.015; 144D.02; 144D.04, subdivision 1; 144D.05; 144D.06; 144D.09; 144D.10; 144D.11; 325F.72, subdivisions 1, 4; proposing coding for new law in Minnesota Statutes, chapter 144; proposing coding for new law as Minnesota Statutes, chapters 144I; 144J; repealing Minnesota Statutes 2018, sections 144A.44; 144A.441; 144A.442; 144D.01, subdivision 6; 144D.025; 144D.04, subdivisions 2, 3; 144D.045; 144D.065; 144D.066; 144D.07; 144G.01; 144G.02; 144G.03, subdivisions 1, 2, 3, 4, 5, 6; 144G.04; 144G.05; 144G.06.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
RESIDENT RIGHTS AND CONSUMER PROTECTIONS
Section 1.
[144J.01] DEFINITIONS.
Subdivision 1. Applicability. For the purposes of this chapter, the
following terms have the meanings given them unless the context clearly
indicates otherwise.
Subd. 2. Assisted
living contract. "Assisted
living contract" means the legal agreement between a resident and an
assisted living facility for housing and assisted living services.
Subd. 3. Assisted
living facility. "Assisted
living facility" has the meaning given in section 144I.01, subdivision 6.
Subd. 4. Assisted
living facility with dementia care. "Assisted
living facility with dementia care" has the meaning given in section
144I.01, subdivision 8.
Subd. 5. Assisted
living services. "Assisted
living services" has the meaning given in section 144I.01, subdivision 7.
Subd. 6. Attorney-in-fact. "Attorney-in-fact" means a
person designated by a principal to exercise the powers granted by a written
and valid power of attorney under chapter 523.
Subd. 7. Conservator. "Conservator" means a
court-appointed conservator acting in accordance with the powers granted to the
conservator under chapter 524.
Subd. 8. Designated
representative. "Designated
representative" means a person designated in writing by the resident in an
assisted living contract and identified in the resident's records on file with
the assisted living facility.
Subd. 9. Facility. "Facility" means an assisted
living facility.
Subd. 10. Guardian. "Guardian" means a
court-appointed guardian acting in accordance with the powers granted to the
guardian under chapter 524.
Subd. 11. Health
care agent. "Health care
agent" has the meaning given in section 145C.01, subdivision 2.
Subd. 12. Legal
representative. "Legal
representative" means one of the following in the order of priority
listed, to the extent the person may reasonably be identified and located:
(1) a guardian;
(2) a conservator;
(3) a health care agent; or
(4) an attorney-in-fact.
Subd. 13. Licensed
health care professional. "Licensed
health care professional" means:
(1) a physician licensed under chapter
147;
(2) an advanced practice registered
nurse, as that term is defined in section 148.171, subdivision 3;
(3) a licensed practical nurse, as that
term is defined in section 148.171, subdivision 8; or
(4) a registered nurse, as that term is
defined in section 148.171, subdivision 20.
Subd. 14. Resident. "Resident" means a person
living in an assisted living facility.
Subd. 15. Resident
record. "Resident
record" has the meaning given in section 144I.01, subdivision 53.
Subd. 16. Service
plan. "Service
plan" has the meaning given in section 144I.01, subdivision 57.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 2. [144J.02]
RESIDENT RIGHTS.
Subdivision 1. Applicability. This section applies to assisted
living facility residents.
Subd. 2. Legislative
intent. The rights
established under this section for the benefit of residents do not limit any
other rights available under law. No
facility may request or require that any resident waive any of these rights at
any time for any reason, including as a condition of admission to the facility.
Subd. 3. Information
about rights and facility policies. (a)
Before receiving services, residents have the right to be informed by the
facility of the rights granted under this section. The information must be in plain language and
in terms residents can understand. The
facility must make reasonable accommodations for residents who have
communication disabilities and those who speak a language other than English.
(b) Every facility must:
(1) indicate what recourse residents
have if their rights are violated; and
(2) provide the information required
under section 144J.10.
(c) Upon request, residents and their
legal representatives and designated representatives have the right to copies
of current facility policies and inspection findings of state and local health
authorities, and to receive further explanation of the rights provided under
this section, consistent with chapter 13 and section 626.557.
Subd. 4. Courteous
treatment. Residents have the
right to be treated with courtesy and respect, and to have the resident's
property treated with respect.
Subd. 5. Appropriate
care and services. (a)
Residents have the right to care and services that are appropriate based on the
resident's needs and according to an up-to-date service plan. All service plans must be designed to enable
residents to achieve their highest level of emotional, psychological, physical,
medical, and functional well‑being and safety.
(b) Residents have the right to receive
health care and other assisted living services with continuity from people who
are properly trained and competent to perform their duties and in sufficient
numbers to adequately provide the services agreed to in the assisted living
contract and the service plan.
Subd. 6. Participation
in care and service planning. Residents
have the right to actively participate in the planning, modification, and
evaluation of their care and services. This
right includes:
(1) the opportunity to discuss care,
services, treatment, and alternatives with the appropriate caregivers;
(2) the opportunity to request and
participate in formal care conferences;
(3) the right to include a family
member or the resident's health care agent and designated representative, or
both; and
(4) the right to be told in advance of,
and take an active part in decisions regarding, any recommended changes in the
service plan.
Subd. 7. Information
about individuals providing services.
Before receiving services, residents have the right to be told
the type and disciplines of staff who will be providing the services, the
frequency of visits proposed to be furnished, and other choices that are
available for addressing the resident's needs.
Subd. 8. Information
about health care treatment. Where
applicable, residents have the right to be given by their attending physician
complete and current information concerning their diagnosis, cognitive
functioning level, treatment, alternatives, risks, and prognosis as required by
the physician's legal duty to disclose. This
information must be in terms and language the residents can reasonably be
expected to understand. This information
must include the likely medical or major psychological results of the treatment
and its alternatives.
Subd. 9. Information
about other providers and services. (a)
Residents have the right to be informed by the assisted living facility, prior
to executing an assisted living contract, that other public and private
services may be available and the resident has the right to purchase, contract
for, or obtain services from a provider other than the assisted living facility
or related assisted living services provider.
(b) Assisted living facilities must
make every effort to assist residents in obtaining information regarding
whether Medicare, medical assistance, or another public program will pay for
any of the services.
Subd. 10. Information
about charges. Before
services are initiated, residents have the right to be notified:
(1) of all charges for services;
(2) whether payment may be expected
from health insurance, public programs, or other sources, if known, and the
amount of such payments; and
(3) what charges the resident may be
responsible for paying.
Subd. 11. Refusal
of care or services. (a)
Residents have the right to refuse care or services.
(b) A provider must document in the
resident's record that the provider informed a resident who refuses care,
services, treatment, medication, or dietary restrictions of the likely medical,
health-related, or psychological consequences of the refusal.
(c) In cases where a resident lacks
capacity but has not been adjudicated incompetent, or when legal requirements
limit the right to refuse medical treatment, the conditions and circumstances
must be fully documented by the attending physician in the resident's record.
Subd. 12. Freedom
from maltreatment. Residents
have the right to be free from maltreatment.
For the purposes of this subdivision, "maltreatment" means
conduct described in section 626.5572, subdivision 15, and includes the
intentional and nontherapeutic infliction of physical pain or injury, or any
persistent course of conduct intended to produce mental or emotional distress.
Subd. 13. Personal
and treatment privacy. (a) Residents
have the right to every consideration of their privacy, individuality, and
cultural identity as related to their social, religious, and psychological
well-being. Staff must respect the
privacy of a resident's space by knocking on the door and seeking consent
before entering, except in an emergency or where clearly inadvisable.
(b) Residents have the right to respect
and privacy regarding the resident's health care and personal care program. Case discussion, consultation, examination,
and treatment are confidential and must be conducted discreetly. Privacy must be respected during toileting,
bathing, and other activities of personal hygiene, except as needed for
resident safety or assistance.
Subd. 14. Communication
privacy. (a) Residents have
the right to communicate privately with persons of their choice. Assisted living facilities that are unable to
provide a private area for communication must make reasonable arrangements to
accommodate the privacy of residents' communications.
(b)
Personal mail must be sent by the assisted living facility without interference
and received unopened unless medically or programmatically contraindicated and
documented by a licensed health care professional listed in the resident's
record.
(c) Residents must be provided access to a telephone to
make and receive calls.
Subd. 15.
Confidentiality of records. (a) Residents have the right to have
personal, financial, health, and medical information kept private, to approve
or refuse release of information to any outside party, and to be advised of the
assisted living facility's policies and procedures regarding disclosure of the
information. Residents must be notified
when personal records are requested by any outside party.
(b) Residents have the right to access their own records
and written information from those records in accordance with sections 144.291
to 144.298.
Subd. 16.
Grievances and inquiries. (a) Residents have the right to make
and receive a timely response to a complaint or inquiry, without limitation. Residents have the right to know and every
facility must provide the name and contact information of the person
representing the facility who is designated to handle and resolve complaints
and inquiries.
(b) A facility must promptly investigate, make a good
faith attempt to resolve, and provide a timely response to the complaint or
inquiry.
(c) Residents have the right to recommend changes in
policies and services to staff and managerial officials, as that term is
defined in section 144I.01, subdivision 31.
Subd. 17.
Visitors and social
participation. (a) Residents
have the right to meet with or receive visits at any time by the resident's
family, guardian, conservator, health care agent, attorney, advocate, or
religious or social work counselor, or any person of the resident's choosing.
(b) Residents have the right to participate in
commercial, religious, social, community, and political activities without
interference and at their discretion if the activities do not infringe on the
right to privacy of other residents.
Subd. 18.
Access to counsel and advocacy
services. Notwithstanding
subdivision 15, residents have the right to the immediate access by:
(1) the resident's legal counsel;
(2) any representative of the protection and advocacy
system designated by the state under Code of Federal Regulations, title 45,
section 1326.21; or
(3) any representative of the Office of Ombudsman for
Long-Term Care.
Subd. 19.
Right to come and go freely. Residents have the right to enter and leave
the facility as they choose. This right
may be restricted only as allowed by other law and consistent with a resident's
service plan.
Subd. 20.
Access to technology. Residents have the right to access
Internet service at their expense, unless offered by the facility.
Subd. 21.
Resident councils. Residents have the right to organize
and participate in resident councils. The
facility must provide a resident council with space and privacy for meetings,
where doing so is reasonably achievable. Staff, visitors, or other guests may attend
resident council meetings only at the council's invitation. The
facility
must provide a designated staff person who is approved by the resident council
and the facility to be responsible for providing assistance and responding to
written requests that result from meetings.
The facility must consider the views of the resident council and must
act promptly upon the grievances and recommendations of the council, but a
facility is not required to implement as recommended every request of the
council. The facility shall, with the
approval of the resident council, take reasonably achievable steps to make
residents aware of upcoming meetings in a timely manner.
Subd. 22. Family
councils. Residents have the
right to participate in family councils formed by families or residents. The facility must provide a family council
with space and privacy for meetings, where doing so is reasonably achievable. The facility must provide a designated staff
person who is approved by the family council and the facility to be responsible
for providing assistance and responding to written requests that result from
meetings. The facility must consider the
views of the family council and must act promptly upon the grievances and
recommendations of the council, but a facility is not required to implement as
recommended every request of the council.
The facility shall, with the approval of the family council, take
reasonably achievable steps to make residents and family members aware of upcoming
meetings in a timely manner.
EFFECTIVE
DATE. This section is
effective August 1, 2019.
Sec. 3. [144J.03]
RETALIATION PROHIBITED.
Subdivision 1. Retaliation
prohibited. A facility or
agent of a facility may not retaliate against a resident or employee if the
resident, employee, or any person acting on behalf of the resident:
(1) files a complaint or grievance,
makes an inquiry, or asserts any right;
(2) indicates an intention to file a
complaint or grievance, make an inquiry, or assert any right;
(3) files or indicates an intention to
file a maltreatment report, whether mandatory or voluntary, under section
626.557;
(4) seeks assistance from or reports a
reasonable suspicion of a crime or systemic problems or concerns to the
administrator or manager of the facility, the Office of Ombudsman for Long-Term
Care, a regulatory or other government agency, or a legal or advocacy
organization;
(5) advocates or seeks advocacy
assistance for necessary or improved care or services or enforcement of rights
under this section or other law;
(6) takes or indicates an intention to
take civil action;
(7) participates or indicates an
intention to participate in any investigation or administrative or judicial
proceeding;
(8) contracts or indicates an intention
to contract to receive services from a service provider of the resident's
choice other than the facility; or
(9) places or indicates an intention to
place a camera or electronic monitoring device in the resident's private space
as provided under section 144J.05.
Subd. 2. Retaliation
against a resident. For
purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a facility or an
agent of the facility against a resident, or any person with a familial,
personal, legal, or professional relationship with the resident:
(1)
the discharge, eviction, transfer, or termination of services;
(2) the imposition of discipline,
punishment, or a sanction or penalty;
(3) any form of discrimination;
(4) restriction or prohibition of
access:
(i) of the resident to the facility or
visitors; or
(ii) to the resident by a family member
or a person with a personal, legal, or professional relationship with the
resident;
(5) the imposition of involuntary
seclusion or withholding food, care, or services;
(6) restriction of any of the rights
granted to residents under state or federal law;
(7) restriction or reduction of access
to or use of amenities, care, services, privileges, or living arrangements;
(8) an arbitrary increase in charges or
fees;
(9) removing, tampering with, or
deprivation of technology, communication, or electronic monitoring devices; or
(10) any oral or written communication
of false information about a person advocating on behalf of the resident.
Subd. 3. Retaliation
against an employee. For
purposes of this section, to retaliate against an employee includes but is not
limited to any of the following actions taken or threatened by the facility or
an agent of the facility against an employee:
(1) discharge or transfer;
(2) demotion or refusal to promote;
(3) reduction in compensation,
benefits, or privileges;
(4) the unwarranted imposition of
discipline, punishment, or a sanction or penalty; or
(5) any form of discrimination.
Subd. 4. Rebuttable
presumption of retaliation. (a)
Except as provided in paragraphs (b), (c), and (d), there is a rebuttable
presumption that any action described in subdivision 2 or 3 and taken within 90
days of an initial action described in subdivision 1 is retaliatory.
(b) The presumption does not apply to
actions described in subdivision 2, clause (4), if a good faith report of
maltreatment pursuant to section 626.557 is made by the facility or agent of
the facility against the visitor, family member, or other person with a
personal, legal, or professional relationship that is subject to the
restriction or prohibition of access.
(c) The presumption does not apply to
any oral or written communication described in subdivision 2, clause (10), that
is associated with a good faith report of maltreatment pursuant to section
626.557 made by the facility or agent of the facility against the person
advocating on behalf of the resident.
(d)
The presumption does not apply to a discharge, eviction, transfer, or
termination of services that occurs for a reason permitted under section
144J.08, subdivision 3 or 6, provided the assisted living facility has complied
with the applicable requirements in sections 144J.08 and 144.10.
Subd. 5. Other
laws. Nothing in this section
affects the rights available to a resident under section 626.557.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 4. [144J.04]
DECEPTIVE MARKETING AND BUSINESS PRACTICES PROHIBITED.
(a) No employee or agent of any
facility may make any false, fraudulent, deceptive, or misleading statements or
representations or material omissions in marketing, advertising, or any other
description or representation of care or services.
(b) No assisted living contract may
include any provision that the facility knows or should know to be deceptive,
unlawful, or unenforceable under state or federal law, nor include any
provision that requires or implies a lesser standard of care or responsibility
than is required by law.
(c) No facility may advertise or
represent that it is licensed as an assisted living facility with dementia care
without complying with disclosure requirements under section 325F.72 and any
training requirements required under chapter 144I or in rule.
(d) A violation of this section
constitutes a violation of section 325F.69, subdivision 1. The attorney general or a county attorney may
enforce this section using the remedies in section 325F.70.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 5. [144J.05]
ELECTRONIC MONITORING IN CERTAIN FACILITIES.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Commissioner" means the
commissioner of health.
(c) "Department" means the
Department of Health.
(d) "Electronic monitoring"
means the placement and use of an electronic monitoring device by a resident in
the resident's room or private living unit in accordance with this section.
(e) "Electronic monitoring
device" means a camera or other device that captures, records, or
broadcasts audio, video, or both, that is placed in a resident's room or
private living unit and is used to monitor the resident or activities in the
room or private living unit.
(f) "Facility" means a
facility that is:
(1) licensed as a nursing home under
chapter 144A;
(2) licensed as a boarding care home
under sections 144.50 to 144.56;
(3) until August 1, 2021, a housing
with services establishment registered under chapter 144D that is either
subject to chapter 144G or has a disclosed special unit under section 325F.72;
or
(4)
on or after August 1, 2021, an assisted living facility.
(g) "Resident" means a person
18 years of age or older residing in a facility.
(h) "Resident representative"
means one of the following in the order of priority listed, to the extent the
person may reasonably be identified and located:
(1) a court-appointed guardian;
(2) a health care agent as defined in
section 145C.01, subdivision 2; or
(3) a person who is not an agent of a
facility or of a home care provider designated in writing by the resident and
maintained in the resident's records on file with the facility or with the
resident's executed housing with services contract or nursing home contract.
Subd. 2. Electronic
monitoring authorized. (a) A
resident or a resident representative may conduct electronic monitoring of the
resident's room or private living unit through the use of electronic monitoring
devices placed in the resident's room or private living unit as provided in
this section.
(b) Nothing in this section precludes
the use of electronic monitoring of health care allowed under other law.
(c) Electronic monitoring authorized
under this section is not a covered service under home and community‑based
waivers under sections 256B.0913, 256B.0915, 256B.092, and 256B.49.
(d) This section does not apply to
monitoring technology authorized as a home and community-based service under
section 256B.0913, 256B.0915, 256B.092, or 256B.49.
Subd. 3. Consent
to electronic monitoring. (a)
Except as otherwise provided in this subdivision, a resident must consent to
electronic monitoring in the resident's room or private living unit in writing
on a notification and consent form. If
the resident has not affirmatively objected to electronic monitoring and the
resident's medical professional determines that the resident currently lacks
the ability to understand and appreciate the nature and consequences of
electronic monitoring, the resident representative may consent on behalf of the
resident. For purposes of this
subdivision, a resident affirmatively objects when the resident orally,
visually, or through the use of auxiliary aids or services declines electronic
monitoring. The resident's response must
be documented on the notification and consent form.
(b) Prior to a resident representative
consenting on behalf of a resident, the resident must be asked if the resident
wants electronic monitoring to be conducted.
The resident representative must explain to the resident:
(1) the type of electronic monitoring
device to be used;
(2) the standard conditions that may be
placed on the electronic monitoring device's use, including those listed in
subdivision 6;
(3) with whom the recording may be shared
under subdivision 10 or 11; and
(4) the resident's ability to decline
all recording.
(c) A resident, or resident
representative when consenting on behalf of the resident, may consent to
electronic monitoring with any conditions of the resident's or resident
representative's choosing, including the list of standard conditions provided
in subdivision 6. A resident, or
resident representative when consenting on behalf of the resident, may request
that the electronic monitoring device be turned off or the visual or audio
recording component of the electronic monitoring device be blocked at any time.
(d)
Prior to implementing electronic monitoring, a resident, or resident
representative when acting on behalf of the resident, must obtain the written
consent on the notification and consent form of any other resident residing in
the shared room or shared private living unit.
A roommate's or roommate's resident representative's written consent
must comply with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
resident representative under this paragraph authorizes the resident's use of
any recording obtained under this section, as provided under subdivision 10 or
11.
(e) Any resident conducting electronic
monitoring must immediately remove or disable an electronic monitoring device
prior to a new roommate moving into a shared room or shared private living
unit, unless the resident obtains the roommate's or roommate's resident
representative's written consent as provided under paragraph (d) prior to the
roommate moving into the shared room or shared private living unit. Upon obtaining the new roommate's signed
notification and consent form and submitting the form to the facility as
required under subdivision 5, the resident may resume electronic monitoring.
(f) The resident or roommate, or the
resident representative or roommate's resident representative if the
representative is consenting on behalf of the resident or roommate, may
withdraw consent at any time and the withdrawal
of consent must be documented on the original consent form as provided under
subdivision 5, paragraph (d).
Subd. 4. Refusal
of roommate to consent. If a
resident of a facility who is residing in a shared room or shared living unit,
or the resident representative of such a resident when acting on behalf of the
resident, wants to conduct electronic monitoring and another resident living in
or moving into the same shared room or shared living unit refuses to consent to
the use of an electronic monitoring device, the facility shall make a
reasonable attempt to accommodate the resident who wants to conduct electronic
monitoring. A facility has met the
requirement to make a reasonable attempt to accommodate a resident or resident
representative who wants to conduct electronic monitoring when, upon
notification that a roommate has not consented to the use of an electronic
monitoring device in the resident's room, the facility offers to move the
resident to another shared room or shared living unit that is available at the
time of the request. If a resident
chooses to reside in a private room or private living unit in a facility in
order to accommodate the use of an electronic monitoring device, the resident
must pay either the private room rate in a nursing home setting, or the
applicable rent in a housing with services establishment or assisted living
facility. If a facility is unable to
accommodate a resident due to lack of space, the facility must reevaluate the
request every two weeks until the request is fulfilled. A facility is not required to provide a
private room, a single‑bed room, or a private living unit to a resident
who is unable to pay.
Subd. 5. Notice
to facility; exceptions. (a)
Electronic monitoring may begin only after the resident or resident
representative who intends to place an electronic monitoring device and any
roommate or roommate's resident representative completes the notification and
consent form and submits the form to the facility.
(b) Notwithstanding paragraph (a), the
resident or resident representative who intends to place an electronic
monitoring device may do so without submitting a notification and consent form
to the facility for up to 30 days:
(1) if the resident or the resident
representative reasonably fears retaliation against the resident by the
facility, timely submits the completed notification and consent form to the
Office of Ombudsman for Long-Term Care, and timely submits a Minnesota Adult
Abuse Reporting Center report or police report, or both, upon evidence from the
electronic monitoring device that suspected maltreatment has occurred;
(2) if there has not been a timely
written response from the facility to a written communication from the resident
or resident representative expressing a concern prompting the desire for
placement of an electronic monitoring device and if the resident or a resident
representative timely submits a completed notification and consent form to the
Office of Ombudsman for Long-Term Care; or
(3)
if the resident or resident representative has already submitted a Minnesota
Adult Abuse Reporting Center report or police report regarding the resident's
concerns prompting the desire for placement and if the resident or a resident
representative timely submits a completed notification and consent form to the
Office of Ombudsman for Long-Term Care.
(c) Upon receipt of any completed
notification and consent form, the facility must place the original form in the
resident's file or file the original form with the resident's housing with
services contract. The facility must
provide a copy to the resident and the resident's roommate, if applicable.
(d) In the event that a resident or
roommate, or the resident representative or roommate's resident representative
if the representative is consenting on behalf of the resident or roommate,
chooses to alter the conditions under which consent to electronic monitoring is
given or chooses to withdraw consent to electronic monitoring, the facility
must make available the original notification and consent form so that it may
be updated. Upon receipt of the updated
form, the facility must place the updated form in the resident's file or file
the original form with the resident's signed housing with services contract. The facility must provide a copy of the updated
form to the resident and the resident's roommate, if applicable.
(e) If a new roommate, or the new
roommate's resident representative when consenting on behalf of the new
roommate, does not submit to the facility a completed notification and consent
form and the resident conducting the electronic monitoring does not remove or
disable the electronic monitoring device, the facility must remove the
electronic monitoring device.
(f) If a roommate, or the roommate's
resident representative when withdrawing consent on behalf of the roommate,
submits an updated notification and consent form withdrawing consent and the
resident conducting electronic monitoring does not remove or disable the
electronic monitoring device, the facility must remove the electronic
monitoring device.
Subd. 6. Form
requirements. (a) The
notification and consent form completed by the resident must include, at a
minimum, the following information:
(1) the resident's signed consent to
electronic monitoring or the signature of the resident representative, if
applicable. If a person other than the
resident signs the consent form, the form must document the following:
(i) the date the resident was asked if
the resident wants electronic monitoring to be conducted;
(ii) who was present when the resident
was asked;
(iii) an acknowledgment that the
resident did not affirmatively object; and
(iv) the source of authority allowing
the resident representative to sign the notification and consent form on the
resident's behalf;
(2) the resident's roommate's signed
consent or the signature of the roommate's resident representative, if
applicable. If a roommate's resident
representative signs the consent form, the form must document the following:
(i) the date the roommate was asked if
the roommate wants electronic monitoring to be conducted;
(ii) who was present when the roommate
was asked;
(iii) an acknowledgment that the
roommate did not affirmatively object; and
(iv)
the source of authority allowing the resident representative to sign the
notification and consent form on the roommate's behalf;
(3) the type of electronic monitoring
device to be used;
(4) a list of standard conditions or
restrictions that the resident or a roommate may elect to place on the use of
the electronic monitoring device, including but not limited to:
(i) prohibiting audio recording;
(ii) prohibiting video recording;
(iii) prohibiting broadcasting of audio
or video;
(iv) turning off the electronic
monitoring device or blocking the visual recording component of the electronic
monitoring device for the duration of an exam or procedure by a health care
professional;
(v) turning off the electronic
monitoring device or blocking the visual recording component of the electronic
monitoring device while dressing or bathing is performed; and
(vi) turning off the electronic
monitoring device for the duration of a visit with a spiritual adviser,
ombudsman, attorney, financial planner, intimate partner, or other visitor;
(5) any other condition or restriction
elected by the resident or roommate on the use of an electronic monitoring
device;
(6) a statement of the circumstances
under which a recording may be disseminated under subdivision 10;
(7) a signature box for documenting
that the resident or roommate has withdrawn consent; and
(8) an acknowledgment that the
resident, in accordance with subdivision 3, consents to the Office of Ombudsman
for Long-Term Care and its representatives disclosing information about the
form. Disclosure under this clause shall
be limited to:
(i) the fact that the form was received
from the resident or resident representative;
(ii) if signed by a resident
representative, the name of the resident representative and the source of
authority allowing the resident representative to sign the notification and
consent form on the resident's behalf; and
(iii) the type of electronic monitoring
device placed.
(b) Facilities must make the
notification and consent form available to the residents and inform residents
of their option to conduct electronic monitoring of their rooms or private
living unit.
(c) Notification and consent forms
received by the Office of Ombudsman for Long-Term Care are classified under
section 256.9744.
Subd. 7. Costs
and installation. (a) A
resident or resident representative choosing to conduct electronic monitoring
must do so at the resident's own expense, including paying purchase,
installation, maintenance, and removal costs.
(b)
If a resident chooses to place an electronic monitoring device that uses
Internet technology for visual or audio monitoring, the resident may be
responsible for contracting with an Internet service provider.
(c) The facility shall make a
reasonable attempt to accommodate the resident's installation needs, including
allowing access to the facility's public-use Internet or Wi-Fi systems when
available for other public uses. A
facility has the burden of proving that a requested accommodation is not
reasonable.
(d) All electronic monitoring device
installations and supporting services must be UL-listed.
Subd. 8. Notice
to visitors. (a) A facility
must post a sign at each facility entrance accessible to visitors that states: "Electronic monitoring devices,
including security cameras and audio devices, may be present to record persons and
activities."
(b) The facility is responsible for installing and maintaining the signage required in this subdivision.
Subd. 9. Obstruction
of electronic monitoring devices. (a)
A person must not knowingly hamper, obstruct, tamper with, or destroy an
electronic monitoring device placed in a resident's room or private living unit
without the permission of the resident or resident representative.
(b) It is not a violation of paragraph
(a) if a person turns off the electronic monitoring device or blocks the visual
recording component of the electronic monitoring device at the direction of the
resident or resident representative, or if consent has been withdrawn.
Subd. 10. Dissemination
of recordings. (a) No person
may access any video or audio recording created through authorized electronic
monitoring without the written consent of the resident or resident
representative.
(b) Except as required under other law,
a recording or copy of a recording made as provided in this section may only be
disseminated for the purpose of addressing health, safety, or welfare concerns
of one or more residents.
(c) A person disseminating a recording
or copy of a recording made as provided in this section in violation of
paragraph (b) may be civilly or criminally liable.
Subd. 11. Admissibility
of evidence. Subject to
applicable rules of evidence and procedure, any video or audio recording
created through electronic monitoring under this section may be admitted into
evidence in a civil, criminal, or administrative proceeding.
Subd. 12. Liability. (a) For the purposes of state law, the
mere presence of an electronic monitoring device in a resident's room or
private living unit is not a violation of the resident's right to privacy under
section 144.651 or 144A.44.
(b) For the purposes of state law, a
facility or home care provider is not civilly or criminally liable for the mere
disclosure by a resident or a resident representative of a recording.
Subd. 13. Immunity
from liability. The Office of
Ombudsman for Long-Term Care and representatives of the office are immune from
liability for conduct described in section 256.9742, subdivision 2.
Subd. 14. Resident
protections. (a) A facility
must not:
(1) refuse to admit a potential
resident or remove a resident because the facility disagrees with the decision
of the potential resident, the resident, or a resident representative acting on
behalf of the resident regarding electronic monitoring;
(2)
retaliate or discriminate against any resident for consenting or refusing to
consent to electronic monitoring, as provided in section 144.6512, 144G.07, or
144J.03; or
(3) prevent the placement or use of an
electronic monitoring device by a resident who has provided the facility or the
Office of Ombudsman for Long-Term Care with notice and consent as required
under this section.
(b) Any contractual provision
prohibiting, limiting, or otherwise modifying the rights and obligations in
this section is contrary to public policy and is void and unenforceable.
Subd. 15. Employee
discipline. (a) An employee
of the facility or an employee of a contractor providing services at the
facility who is the subject of proposed corrective or disciplinary action based
upon evidence obtained by electronic monitoring must be given access to that
evidence for purposes of defending against the proposed action.
(b) An employee who obtains a recording or a copy of the recording must treat the recording or copy confidentially and must not further disseminate it to any other person except as required under law. Any copy of the recording must be returned to the facility or resident who provided the copy when it is no longer needed for purposes of defending against a proposed action.
Subd. 16. Penalties. (a) The commissioner may issue a correction
order as provided under section 144A.10, 144A.45, or 144A.474, upon a finding
that the facility has failed to comply with:
(1) subdivision 5, paragraphs (c) to
(f);
(2) subdivision 6, paragraph (b);
(3) subdivision 7, paragraph (c); and
(4) subdivisions 8 to 10 and 14.
(b) The commissioner may exercise the
commissioner's authority under section 144D.05 to compel a housing with
services establishment to meet the requirements of this section.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to all contracts in effect, entered into,
or renewed on or after that date.
Sec. 6. [144J.06]
NO DISCRIMINATION BASED ON SOURCE OF PAYMENT.
All facilities must, regardless of the
source of payment and for all persons seeking to reside or residing in the
facility:
(1) provide equal access to quality
care; and
(2) establish, maintain, and implement
identical policies and practices regarding residency, transfer, and provision
and termination of services.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 7. [144J.07]
CONSUMER ADVOCACY AND LEGAL SERVICES.
Upon execution of an assisted living
contract, every facility must provide the resident and the resident's legal and
designated representatives with the names and contact information, including
telephone numbers and email addresses, of:
(1) nonprofit organizations that
provide advocacy or legal services to residents including but not limited to
the designated protection and advocacy organization in Minnesota that provides
advice and representation to individuals with disabilities; and
(2) the Office of Ombudsman for
Long-Term Care, including both the state and regional contact information.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 8. [144J.08]
INVOLUNTARY DISCHARGES AND SERVICE TERMINATIONS.
Subdivision 1. Definitions. (a) For the purposes of this section
and sections 144J.09 and 144J.10, the following terms have the meanings given
them.
(b) "Facility" means:
(1) a housing with services
establishment registered under section 144D.02 and operating under title
protection provided under chapter 144G; or
(2) on or after August 1, 2021, an
assisted living facility.
(c) "Refusal to readmit"
means a refusal by an assisted living facility, upon a request from a resident
or an agent of the resident, to allow the resident to return to the facility,
whether or not a notice of termination of housing or services has been issued.
(d) "Termination of housing or
services" or "termination" means an involuntary
facility-initiated discharge, eviction, transfer, or service termination not
initiated at the oral or written request of the resident or to which the
resident objects.
Subd. 2. Prerequisite
to termination of housing or services.
Before issuing a notice of termination, a facility must explain
in person and in detail the reasons for the termination, and must convene a
conference with the resident, the resident's legal representatives, the
resident's designated representative, the resident's family, applicable state
and social services agencies, and relevant health professionals to identify and
offer reasonable accommodations and modifications, interventions, or
alternatives to avoid the termination.
Subd. 3. Permissible
reasons to terminate housing or services.
(a) A facility is prohibited from terminating housing or services
for grounds other than those specified in paragraphs (b) and (c). A facility initiating a termination under
paragraph (b) or (c) must comply with subdivision 2.
(b) A facility may not initiate a
termination unless the termination is necessary and the facility produces a
written determination, supported by documentation, of the necessity of the
termination. A termination is necessary
only if:
(1) the resident has engaged in
documented conduct that substantially interferes with the rights, health, or
safety of other residents;
(2)
the resident has committed any of the acts enumerated under section 504B.171
that substantially interfere with the rights, health, or safety of other
residents; or
(3) the facility can demonstrate that
the resident's needs exceed the scope of services for which the resident
contracted or which are included in the resident's service plan.
(c) A facility may initiate a
termination for nonpayment, provided the facility:
(1) makes reasonable efforts to
accommodate temporary financial hardship;
(2) informs the resident of private
subsidies and public benefits options that may be available, including but not
limited to benefits available under sections 256B.0915 and 256B.49; and
(3) if the resident applies for public
benefits, timely responds to state or county agency questions regarding the
application.
(d) A facility may not initiate a
termination of housing or services to a resident receiving public benefits in
the event of a temporary interruption in benefits. A temporary interruption of benefits does not
constitute nonpayment.
Subd. 4. Notice
of termination required. (a)
A facility initiating a termination of housing or services must issue a written
notice that complies with subdivision 5 at least 30 days prior to the effective
date of the termination to the resident, to the resident's legal representative
and designated representative, or if none, to a family member if known, and to
the Ombudsman for Long-Term Care.
(b) A facility may relocate a resident
with less than 30 days' notice only in the event of emergencies, as provided in
subdivision 6.
(c) The notice requirements in
paragraph (a) do not apply if the facility's license is restricted by the
commissioner or the facility ceases operations.
In the event of a license restriction or cessation of operations, the
facility must follow the commissioner's directions for resident relocations
contained in section 144J.10.
Subd. 5. Content
of notice. The notice
required under subdivision 4 must contain, at a minimum:
(1) the effective date of the
termination;
(2) a detailed explanation of the basis
for the termination, including, but not limited to, clinical or other
supporting rationale;
(3) contact information for, and a
statement that the resident has the right to appeal the termination to, the
Office of Administrative Hearings;
(4) contact information for the
Ombudsman for Long-Term Care;
(5) the name and contact information of
a person employed by the facility with whom the resident may discuss the notice
of termination of housing or services;
(6) if the termination is for services,
a statement that the notice of termination of services does not constitute a
termination of housing or an eviction from the resident's home, and that the
resident has the right to remain in the facility if the resident can secure
necessary services from another provider of the resident's choosing; and
(7) if the resident must relocate:
(i)
a statement that the facility must actively participate in a coordinated
transfer of the resident's care to a safe and appropriate service provider; and
(ii) the name of and contact
information for the new location or provider, or a statement that the location
or provider must be identified prior to the effective date of the termination.
Subd. 6. Exception
for emergencies. (a) A
facility may relocate a resident from a facility with less than 30 days' notice
if relocation is required:
(1) due to a resident's urgent medical
needs and is ordered by a licensed health care professional; or
(2) because of an imminent risk to the
health or safety of another resident or a staff member of the facility.
(b) A facility relocating a resident
under this subdivision must:
(1) remove the resident to an
appropriate location. A private home
where the occupant is unwilling or unable to care for the resident, a homeless
shelter, a hotel, or a motel is not an appropriate location; and
(2) provide notice of the contact
information for and location to which the resident has been relocated, contact
information for any new service provider and for the Ombudsman for Long-Term
Care, the reason for the relocation, a statement that, if the resident is
refused readmission to the facility, the resident has the right to appeal any
refusal to readmit to the Office of Administrative Hearings, and, if
ascertainable, the approximate date or range of dates when the resident is
expected to return to the facility or a statement that such date is not
currently ascertainable, to:
(i) the resident, the resident's legal
representative and designated representative, or if none, a family member if
known immediately upon relocation of the resident; and
(ii) the Office of Ombudsman for
Long-Term Care as soon as practicable if the resident has been relocated from
the facility for more than 48 hours.
(c) The resident has the right to
return to the facility if the conditions under paragraph (a) no longer exist.
(d) If the facility determines that the
resident cannot return to the facility or the facility cannot provide the
necessary services to the resident upon return, the facility must as soon as
practicable but in no event later than 24 hours after the refusal or
determination, comply with subdivision 4, and section 144J.10.
EFFECTIVE
DATE. (a) This section is
effective August 1, 2019, and expires July 31, 2021, for housing with services
establishments registered under section 144D.02 and operating under title
protection provided by and subject to chapter 144G.
(b) This section is effective for
assisted living facilities August 1, 2021.
Sec. 9. [144J.09]
APPEAL OF TERMINATION OF HOUSING OR SERVICES.
Subdivision 1. Right
to appeal termination of housing or services. A resident, the resident's legal
representative or designated representative, or a family member, has the right
to appeal a termination of housing or services or a facility's refusal to
readmit the resident after an emergency relocation and to request a contested
case hearing with the Office of Administrative Hearings.
Subd. 2. Appeals
process. (a) An appeal and
request for a contested case hearing must be filed in writing or electronically
as authorized by the chief administrative law judge.
(b)
The Office of Administrative Hearings must conduct an expedited hearing as soon
as practicable, and in any event no later than 14 calendar days after the
office receives the request and within three business days in the event of an
appeal of a refusal to readmit. The
hearing must be held at the facility where the resident lives, unless it is
impractical or the parties agree to a different place. The hearing is not a formal evidentiary
hearing. The hearing may also be
attended by telephone as allowed by the administrative law judge, after
considering how a telephonic hearing will affect the resident's ability to
participate. The hearing shall be
limited to the amount of time necessary for the participants to expeditiously
present the facts about the proposed termination or refusal to readmit. The administrative law judge shall issue a
recommendation to the commissioner as soon as practicable, and in any event no
later than ten calendar days after the hearing or within two calendar days
after the hearing in the case of a refusal to readmit.
(c) The facility bears the burden of
proof to establish by a preponderance of the evidence that the termination of
housing or services or the refusal to readmit is permissible under law and does
not constitute retaliation under section 144G.07 or 144J.03.
(d) Appeals from final determinations
issued by the Office of Administrative Hearings shall be as provided in
sections 14.63 to 14.68.
(e) The Office of Administrative
Hearings must grant the appeal and the commissioner of health may order the
assisted living facility to rescind the termination of housing and services or
readmit the resident if:
(1) the termination or refusal to
readmit was in violation of state or federal law;
(2) the resident cures or demonstrates
the ability to cure the reason for the termination or refusal to readmit, or
has identified any reasonable accommodation or modification, intervention, or
alternative to the termination;
(3) termination would result in great
harm or potential great harm to the resident as determined by a totality of the
circumstances; or
(4) the facility has failed to identify
a safe and appropriate location to which the resident is to be relocated as
required under section 144J.10.
(f) The Office of Administrative
Hearings has the authority to make any other determinations or orders regarding
any conditions that may be placed upon the resident's readmission or continued
residency, including but not limited to changes to the service plan or required
increases in services.
(g) Nothing in this section limits the
right of a resident or the resident's designated representative to request or
receive assistance from the Office of Ombudsman for Long-Term Care and the
protection and advocacy agency protection and advocacy system designated by the
state under Code of Federal Regulations, title 45, section 1326.21, concerning
the termination of housing or services.
Subd. 3. Representation
at the hearing. Parties may,
but are not required to, be represented by counsel at a contested case hearing
on an appeal. The appearance of a party
without counsel does not constitute the unauthorized practice of law.
Subd. 4. Service
provision while appeal pending. Housing
or services may not be terminated during the pendency of an appeal and until a
final determination is made by the Office of Administrative Hearings.
EFFECTIVE
DATE. (a) This section is
effective August 1, 2019, and expires July 31, 2021, for housing with services
establishments registered under section 144D.02 and operating under title
protection provided by and subject to chapter 144G.
(b) This section is effective for assisted
living facilities August 1, 2021.
Sec. 10. [144J.10]
HOUSING AND SERVICE TERMINATION; RELOCATION PLANNING.
Subdivision 1. Duties
of the facility. If a
facility terminates housing or services, if a facility intends to cease
operations, or if a facility's license is restricted by the commissioner
requiring termination of housing or services to residents, the facility:
(1) in the event of a termination of
housing, has an affirmative duty to ensure a coordinated and orderly transfer
of the resident to a safe location that is appropriate for the resident. The facility must identify that location
prior to any appeal hearing;
(2) in the event of a termination of
services, has an affirmative duty to ensure a coordinated and orderly transfer
of the resident to an appropriate service provider, if services are still
needed and desired by the resident. The
facility must identify the provider prior to any appeal hearing; and
(3) must consult and cooperate with the
resident; the resident's legal representatives, designated representative, and
family members; any interested professionals, including case managers; and
applicable agencies to consider the resident's goals and make arrangements to
relocate the resident.
Subd. 2. Safe
location. A safe location is
not a private home where the occupant is unwilling or unable to care for the
resident, a homeless shelter, a hotel, or a motel. A facility may not terminate a resident's
housing or services if the resident will, as a result of the termination,
become homeless, as that term is defined in section 116L.361, subdivision 5, or
if an adequate and safe discharge location or adequate and needed service
provider has not been identified.
Subd. 3. Written
relocation plan required. The
facility must prepare a written relocation plan for a resident being relocated. The plan must:
(1) contain all the necessary steps to
be taken to reduce transfer trauma; and
(2) specify the measures needed until
relocation that protect the resident and meet the resident's health and safety
needs.
Subd. 4. No
relocation without receiving setting accepting. A facility may not relocate the
resident unless the place to which the resident will be relocated indicates
acceptance of the resident.
Subd. 5. No
termination of services without another provider. If a resident continues to need and
desire the services provided by the facility, the facility may not terminate
services unless another service provider has indicated that it will provide
those services.
Subd. 6. Information
that must be conveyed. If a
resident is relocated to another facility or to a nursing home, or if care is
transferred to another provider, the facility must timely convey to that
facility, nursing home, or provider:
(1) the resident's full name, date of
birth, and insurance information;
(2) the name, telephone number, and
address of the resident's designated representatives and legal representatives,
if any;
(3) the resident's current documented
diagnoses that are relevant to the services being provided;
(4) the resident's known allergies that
are relevant to the services being provided;
(5)
the name and telephone number of the resident's physician, if known, and the
current physician orders that are relevant to the services being provided;
(6) all medication administration
records that are relevant to the services being provided;
(7) the most recent resident
assessment, if relevant to the services being provided; and
(8) copies of health care directives,
"do not resuscitate" orders, and any guardianship orders or powers of
attorney.
Subd. 7. Final
accounting; return of money and property.
(a) Within 30 days of the effective date of the termination of
housing or services, the facility must:
(1) provide to the resident, resident's
legal representatives, and the resident's designated representative a final
statement of account;
(2) provide any refunds due;
(3) return any money, property, or
valuables held in trust or custody by the facility; and
(4) as required under section 504B.178,
refund the resident's security deposit unless it is applied to the first
month's charges.
EFFECTIVE
DATE. (a) This section is
effective August 1, 2019, and expires July 31, 2021, for housing with services
establishments registered under section 144D.02 and operating under title protection
provided by and subject to chapter 144G.
(b) This section is effective for
assisted living facilities August 1, 2021.
Sec. 11. [144J.11]
FORCED ARBITRATION.
(a) An assisted living facility must
affirmatively disclose, orally and conspicuously 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) A forced arbitration requirement
must not include a choice of law or choice of venue provision. Assisted living contracts must adhere to
Minnesota law and any other applicable federal or local law. Any civil actions by any litigant must be
taken in Minnesota judicial or administrative courts.
(c) A forced arbitration provision must
not be unconscionable. All or the
portion of a forced arbitration provision found by a court to be unconscionable
shall have no effect on the remaining provisions, terms, or conditions of the
contract.
EFFECTIVE
DATE. This section is
effective August 1, 2019, for contracts entered into on or after that date.
Sec. 12. [144J.12]
VIOLATION OF RIGHTS.
(a) A resident who meets the criteria
under section 325F.71, subdivision 1, has a cause of action under section
325F.71, subdivision 4, for the violation of section 144J.02, subdivisions 12,
15, and 18, or section 144J.04.
(b)
A resident who meets the criteria under section 325F.71, subdivision 1, has a
cause of action under section 325F.71, subdivision 4, for the violation of
section 144J.03, unless the resident otherwise has a cause of action under
section 626.557, subdivision 17.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 13. [144J.13]
APPLICABILITY OF OTHER LAWS.
Assisted living facilities:
(1) are subject to and must comply with
chapter 504B;
(2) must comply with section 325F.72;
and
(3) are not required to obtain a
lodging license under chapter 157 and related rules.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
Sec. 14. Minnesota Statutes 2018, section 325F.72, subdivision 4, is amended to read:
Subd. 4. Remedy. The attorney general may seek the
remedies set forth in section 8.31 for repeated and intentional violations of
this section. However, no private
right of action may be maintained as provided under section 8.31, subdivision
3a.
ARTICLE 2
NURSING HOMES
Section 1.
[144.6512] RETALIATION IN
NURSING HOMES PROHIBITED.
Subdivision 1. Definitions. For the purposes of this section:
(1) "nursing home" means a
facility licensed as a nursing home under chapter 144A; and
(2) "resident" means a person
residing in a nursing home.
Subd. 2. Retaliation
prohibited. A nursing home or
agent of the nursing home may not retaliate against a resident or employee if
the resident, employee, or any person acting on behalf of the resident:
(1) files a complaint or grievance,
makes an inquiry, or asserts any right;
(2) indicates an intention to file a
complaint or grievance, make an inquiry, or assert any right;
(3) files or indicates an intention to
file a maltreatment report, whether mandatory or voluntary, under section
626.557;
(4) seeks assistance from or reports a
reasonable suspicion of a crime or systemic problems or concerns to the
administrator or manager of the nursing home, the Office of Ombudsman for
Long-Term Care, a regulatory or other government agency, or a legal or advocacy
organization;
(5) advocates or seeks advocacy
assistance for necessary or improved care or services or enforcement of rights
under this section or other law;
(6)
takes or indicates an intention to take civil action;
(7) participates or indicates an
intention to participate in any investigation or administrative or judicial
proceeding;
(8) contracts or indicates an intention
to contract to receive services from a service provider of the resident's
choice other than the nursing home; or
(9) places or indicates an intention to
place a camera or electronic monitoring device in the resident's private space
as provided under section 144J.05.
Subd. 3. Retaliation
against a resident. For
purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a nursing home
or an agent of the nursing home against a resident, or any person with a
familial, personal, legal, or professional relationship with the resident:
(1) the discharge, eviction, transfer,
or termination of services;
(2) the imposition of discipline,
punishment, or a sanction or penalty;
(3) any form of discrimination;
(4) restriction or prohibition of
access:
(i) of the resident to the nursing home
or visitors; or
(ii) to the resident by a family member
or a person with a personal, legal, or professional relationship with the
resident;
(5) the imposition of involuntary
seclusion or withholding food, care, or services;
(6) restriction of any of the rights
granted to residents under state or federal law;
(7) restriction or reduction of access
to or use of amenities, care, services, privileges, or living arrangements;
(8) an arbitrary increase in charges or
fees;
(9) removing, tampering with, or
deprivation of technology, communication, or electronic monitoring devices; or
(10) any oral or written communication
of false information about a person advocating on behalf of the resident.
Subd. 4. Retaliation
against an employee. For
purposes of this section, to retaliate against an employee includes but is not
limited to any of the following actions taken or threatened by the nursing home
or an agent of the nursing home against an employee:
(1) discharge or transfer;
(2) demotion or refusal to promote;
(3) reduction in compensation, benefits,
or privileges;
(4) the unwarranted imposition of
discipline, punishment, or a sanction or penalty; or
(5) any form of discrimination.
Subd. 5. Rebuttable
presumption of retaliation. (a)
Except as provided in paragraphs (b), (c), and (d), there is a rebuttable
presumption that any action described in subdivision 3 or 4 and taken within 90
days of an initial action described in subdivision 2 is retaliatory.
(b) The presumption does not apply to
actions described in subdivision 3, clause (4), if a good faith report of
maltreatment pursuant to section 626.557 is made by the nursing home or agent
of the nursing home against the visitor, family member, or other person with a
personal, legal, or professional relationship that is subject to the
restriction or prohibition of access.
(c) The presumption does not apply to
any oral or written communication described in subdivision 3, clause (10), that
is associated with a good faith report of maltreatment pursuant to section
626.557 made by the nursing home or agent of the nursing home against the
person advocating on behalf of the resident.
(d) The presumption does not apply to a
termination of a contract of admission, as that term is defined under section
144.6501, subdivision 1, for a reason permitted under state or federal law.
Subd. 6. Remedy. A resident who meets the criteria
under section 325F.71, subdivision 1, has a cause of action under section
325F.71, subdivision 4, for the violation of this section, unless the resident
otherwise has a cause of action under section 626.557, subdivision 17.
EFFECTIVE
DATE. This section is
effective August 1, 2019.
ARTICLE 3
HOUSING WITH SERVICES ESTABLISHMENTS
Section 1.
[144G.07] RETALIATION
PROHIBITED.
Subdivision 1. Definitions. For the purposes of this section and
section 144G.08:
(1) "facility" means a
housing with services establishment registered under section 144D.02 and
operating under title protection under this chapter; and
(2) "resident" means a
resident of a facility.
Subd. 2. Retaliation
prohibited. A facility or
agent of the facility may not retaliate against a resident or employee if the
resident, employee, or any person on behalf of the resident:
(1) files a complaint or grievance,
makes an inquiry, or asserts any right;
(2) indicates an intention to file a
complaint or grievance, make an inquiry, or assert any right;
(3) files or indicates an intention to
file a maltreatment report, whether mandatory or voluntary, under section
626.557;
(4) seeks assistance from or reports a
reasonable suspicion of a crime or systemic problems or concerns to the
administrator or manager of the facility, the Office of Ombudsman for Long-Term
Care, a regulatory or other government agency, or a legal or advocacy
organization;
(5) advocates or seeks advocacy
assistance for necessary or improved care or services or enforcement of rights
under this section or other law;
(6)
takes or indicates an intention to take civil action;
(7) participates or indicates an
intention to participate in any investigation or administrative or judicial
proceeding;
(8) contracts or indicates an intention
to contract to receive services from a service provider of the resident's
choice other than the facility; or
(9) places or indicates an intention to
place a camera or electronic monitoring device in the resident's private space
as provided under section 144J.05.
Subd. 3. Retaliation
against a resident. For
purposes of this section, to retaliate against a resident includes but is not
limited to any of the following actions taken or threatened by a facility or an
agent of the facility against a resident, or any person with a familial,
personal, legal, or professional relationship with the resident:
(1) the discharge, eviction, transfer,
or termination of services;
(2) the imposition of discipline,
punishment, or a sanction or penalty;
(3) any form of discrimination;
(4) restriction or prohibition of access:
(i) of the resident to the facility or
visitors; or
(ii) to the resident by a family member
or a person with a personal, legal, or professional relationship with the
resident;
(5) the imposition of involuntary
seclusion or withholding food, care, or services;
(6) restriction of any of the rights
granted to residents under state or federal law;
(7) restriction or reduction of access
to or use of amenities, care, services, privileges, or living arrangements;
(8) an arbitrary increase in charges or
fees;
(9) removing, tampering with, or
deprivation of technology, communication, or electronic monitoring devices; or
(10) any oral or written communication
of false information about a person advocating on behalf of the resident.
Subd. 4. Retaliation
against an employee. For
purposes of this section, to retaliate against an employee includes but is not
limited to any of the following actions taken or threatened by the facility or
an agent of the facility against an employee:
(1) discharge or transfer;
(2) demotion or refusal to promote;
(3) reduction in compensation, benefits,
or privileges;
(4) the unwarranted imposition of
discipline, punishment, or a sanction or penalty; or
(5) any form of discrimination.
Subd. 5. Rebuttable
presumption of retaliation. (a)
Except as provided in paragraphs (b), (c), and (d), there is a rebuttable
presumption that any action described in subdivision 3 or 4 and taken within 90
days of an initial action described in subdivision 2 is retaliatory.
(b) The presumption does not apply to
actions described in subdivision 3, clause (4), if a good faith report of
maltreatment pursuant to section 626.557 is made by the facility or agent of
the facility against the visitor, family member, or other person with a
personal, legal, or professional relationship that is subject to the
restriction or prohibition of access.
(c) The presumption does not apply to
any oral or written communication described in subdivision 3, clause (10), that
is associated with a good faith report of maltreatment pursuant to section
626.557 made by the facility or agent of the facility against the person
advocating on behalf of the resident.
(d) The presumption does not apply to a
termination of a contract of admission, as that term is defined under section
144.6501, subdivision 1, for a reason permitted under state or federal law.
Subd. 6. Remedy. A resident who meets the criteria
under section 325F.71, subdivision 1, has a cause of action under section
325F.71, subdivision 4, for the violation of this section, unless the resident
otherwise has a cause of action under section 626.557, subdivision 17.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and expires July 31, 2021.
Sec. 2. [144G.08]
DECEPTIVE MARKETING AND BUSINESS PRACTICES PROHIBITED.
Subdivision 1. Prohibitions. (a) No employee or agent of any
facility may make any false, fraudulent, deceptive, or misleading statements or
representations or material omissions in marketing, advertising, or any other
description or representation of care or services.
(b) No housing with services contract as
required under section 144D.04, subdivision 1, may include any provision that
the facility knows or should know to be deceptive, unlawful, or unenforceable
under state or federal law, nor include any provision that requires or implies
a lesser standard of care or responsibility than is required by law.
(c) No facility may advertise or
represent that the facility has a dementia care unit without complying with
disclosure requirements under section 325F.72 and any training requirements
required by law or rule.
Subd. 2. Remedies. (a) A violation of this section
constitutes a violation of section 325F.69, subdivision 1. The attorney general or a county attorney may
enforce this section using the remedies in section 325F.70.
(b) A resident who meets the criteria
under section 325F.71, subdivision 1, has a cause of action under section
325F.71, subdivision 4, for the violation of this section, unless the resident
otherwise has a cause of action under section 626.557, subdivision 17.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and expires July 31, 2021.
ARTICLE 4
INDEPENDENT SENIOR LIVING FACILITIES
Section 1.
[144K.01] DEFINITIONS.
Subdivision 1. Applicability. For the purposes of this chapter, the
definitions in this section have the meanings given.
Subd. 2. Dementia. "Dementia" has the meaning
given in section 144I.01, subdivision 16.
Subd. 3. Designated
representative. "Designated
representative" means a person designated in writing by the resident in a
residency and services contract and identified in the resident's records on
file with the independent senior living facility.
Subd. 4. Facility. "Facility" means an
independent senior living facility.
Subd. 5. Independent
senior living facility. "Independent
senior living facility" means a facility that for a fee provides sleeping
accommodations to one or more adults and offers or provides one or more
supportive services directly or through a related supportive services provider. For purposes of this chapter, independent
senior living facility does not include:
(1) emergency shelter, transitional
housing, or any other residential units serving exclusively or primarily
homeless individuals, as defined under section 116L.361;
(2) a nursing home licensed under
chapter 144A;
(3) a hospital, certified boarding care
home, or supervised living facility licensed under sections 144.50 to 144.56;
(4) a lodging establishment licensed
under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under
chapter 245D or 245G;
(5) a lodging establishment serving as
a shelter for individuals fleeing domestic violence;
(6) services and residential settings
licensed under chapter 245A, including adult foster care and services and
settings governed under the standards in chapter 245D;
(7) private homes where the residents
own or rent the home and control all aspects of the property and building;
(8) a duly organized condominium,
cooperative, and common interest community, or owners' association of the
condominium, cooperative, and common interest community where at least 80
percent of the units that comprise the condominium, cooperative, or common
interest community are occupied by individuals who are the owners, members, or
shareholders of the units;
(9) temporary family health care
dwellings as defined in sections 394.307 and 462.3593;
(10) settings offering services
conducted by and for the adherents of any recognized church or religious
denomination for its members through spiritual means or by prayer for healing;
(11) housing financed pursuant to
sections 462A.37 and 462A.375, units financed with low-income housing tax
credits pursuant to United States Code, title 26, section 42, and units
financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless;
(12) rental housing developed under
United States Code, title 42, section 1437, or United States Code, title 12,
section 1701q;
(13) rental housing designated for
occupancy by only elderly or elderly and disabled residents under United States
Code, title 42, section 1437e, or rental housing for qualifying families under
Code of Federal Regulations, title 24, section 983.56;
(14)
rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011; or
(15) an assisted living facility or
assisted living facility with dementia care licensed under chapter 144I.
Subd. 6. Manager. "Manager" means a manager of
an independent senior living facility.
Subd. 7. Residency
and services contract or contract. "Residency
and services contract" or "contract" means the legal agreement
between an independent senior living facility and a resident for the provision
of housing and supportive services.
Subd. 8. Related
supportive services provider. "Related
supportive services provider" means a service provider that provides
supportive services to a resident under a business relationship or other
affiliation with the independent senior living facility.
Subd. 9. Resident. "Resident" means a person
residing in an independent senior living facility.
Subd. 10. Supportive
services. "Supportive
services" means:
(1) assistance with laundry, shopping,
and household chores;
(2) housekeeping services;
(3) provision of meals or assistance
with meals or food preparation;
(4) help with arranging, or arranging
transportation to, medical, social, recreational, personal, or social services
appointments; or
(5) provision of social or recreational
services.
Arranging for services does not include making referrals or
contacting a service provider in an emergency.
Subd. 11. Wellness check services. "Wellness check services" means having, maintaining, and documenting a system to, by any means, check on the health, safety, and well-being of a resident.
Sec. 2. [144K.02]
DECEPTIVE MARKETING AND BUSINESS PRACTICES PROHIBITED.
(a) No employee or agent of any
independent senior living facility may make any false, fraudulent, deceptive,
or misleading statements or representations or material omissions in marketing,
advertising, or any other description or representation of care or services.
(b) No residency and services contract
required under section 144K.03, subdivision 1, may include any provision that
the facility knows or should know to be deceptive, unlawful, or unenforceable
under state or federal law.
(c) No facility may advertise or
represent that the facility is an assisted living facility as defined in
section 144I.01, subdivision 6, or an assisted living facility with dementia
care as defined in section 144I.01, subdivision 8.
Sec. 3. [144K.025]
REQUIRED DISCLOSURE BY FACILITY.
An independent senior living facility
must disclose to prospective residents and residents that the facility is not
licensed as an assisted living facility and is not permitted to provide
assisted living services, as defined in section 144I.01, subdivision 7, either
directly or through a provider under a business relationship or other
affiliation with the facility.
Sec. 4. [144K.03]
RESIDENCY AND SERVICES CONTRACT.
Subdivision 1. Contract
required. (a) No independent
senior living facility may operate in this state unless a written contract that
meets the requirements of subdivision 2 is executed between the facility and
each resident and unless the establishment operates in accordance with the
terms of the contract.
(b) The facility must give a complete
copy of any signed contract and any addendums, and all supporting documents and
attachments, to the resident promptly after a contract and any addendums have
been signed by the resident.
(c) The contract must contain all the
terms concerning the provision of housing and supportive services, whether the
services are provided directly or through a related supportive services
provider.
Subd. 2. Contents
of contract. A residency and
services contract must include at least the following elements in itself or
through supporting documents or attachments:
(1) the name, telephone number, and
physical mailing address, which may not be a public or private post office box,
of:
(i) the facility and, where applicable,
the related supportive services provider;
(ii) the managing agent of the
facility, if applicable; and
(iii) at least one natural person who
is authorized to accept service of process on behalf of the facility;
(2) the term of the contract;
(3) a description of all the terms and
conditions of the contract, including a description of the services to be
provided and any limitations to the services provided to the resident for the
contracted amount;
(4) a delineation of the grounds under
which the resident may be evicted or have services terminated;
(5) billing and payment procedures and
requirements;
(6) a statement regarding the ability
of a resident to receive services from service providers with whom the facility
does not have a business relationship;
(7) a description of the facility's
complaint resolution process available to residents, including the name and
contact information of the person representing the facility who is designated
to handle and resolve complaints;
(8) the toll-free complaint line for
the Office of Ombudsman for Long-Term Care; and
(9) a statement regarding the
availability of and contact information for long-term care consultation
services under section 256B.0911 in the county in which the facility is
located.
Subd. 3. Designation
of representative. (a) Before
or at the time of execution of a residency and services contract, every
facility must offer the resident the opportunity to identify a designated
representative in writing in the contract and provide the following verbatim
notice on a document separate from the contract:
RIGHT
TO DESIGNATE A REPRESENTATIVE FOR CERTAIN PURPOSES.
You have the right to name anyone as
your "Designated Representative" to assist you or, if you are unable,
advocate on your behalf. A
"Designated Representative" does not take the place of your guardian,
conservator, power of attorney ("attorney-in-fact"), or health care
power of attorney ("health care agent").
(b) The contract must contain a page or
space for the name and contact information of the designated representative and
a box the resident must initial if the resident declines to name a designated
representative. Notwithstanding
subdivision 5, the resident has the right at any time to add or change the name
and contact information of the designated representative.
Subd. 4. Contracts
are consumer contracts. A
contract under this section is a consumer contract under sections 325G.29 to
325G.37.
Subd. 5. Additions
and amendments to contract. The
resident must agree in writing to any additions or amendments to the contract. Upon agreement between the resident or resident's
designated representative and the facility, a new contract or an addendum to
the existing contract must be executed and signed and provided to the resident
and the resident's legal representative.
Subd. 6. Contracts
in permanent files. Residency
and services contracts and related documents executed by each resident must be
maintained by the facility in files from the date of execution until three
years after the contract is terminated.
Subd. 7. Waivers
of liability prohibited. The
contract must not include a waiver of facility liability for the health and
safety or personal property of a resident.
The contract must not include any provision that the facility knows or
should know to be deceptive, unlawful, or unenforceable under state or federal
law, and must not include any provision that requires or implies a lesser
standard of responsibility than is required by law.
Subd. 8. Contract
restriction. No independent
senior living facility may offer wellness check services.
Sec. 5. [144K.04]
TERMINATION OF RESIDENCY AND SERVICES CONTRACT.
Subdivision 1. Notice
required. An independent
senior living facility must provide at least 30 days prior notice of a
termination of the residency and services contract.
Subd. 2. Content
of notice. The notice
required under subdivision 1 must contain, at a minimum:
(1) the effective date of termination
of the contract;
(2) a detailed explanation of the basis
for the termination;
(3) a list of known facilities in the
immediate geographic area;
(4) information on how to contact the
Office of Ombudsman for Long-Term Care and the Ombudsman for Mental Health and
Developmental Disabilities;
(6) a statement of any steps the
resident can take to avoid termination;
(7) the name and contact information of
a person employed by the facility with whom the resident may discuss the notice
of termination and, without extending the termination notice period, an
affirmative offer to meet with the resident and any person or persons of the
resident's choosing to discuss the termination;
(8)
a statement that, with respect to the notice of termination, reasonable
accommodation is available for a resident with a disability; and
(9) an explanation that:
(i) the resident 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 facility, and that the resident may present a defense, if any, to the
court at that time; and
(iii) the resident may seek legal
counsel in connection with the notice of termination.
Sec. 6. [144K.05]
MANAGER REQUIREMENTS.
(a) The manager of an independent
senior living facility must obtain at least 30 hours of continuing education
every two years of employment as the manager in topics relevant to the
operations of the facility and the needs of its residents. Continuing education earned to maintain a
professional license, such as a nursing home administrator license, nursing
license, social worker license, or real estate license, may be used to satisfy
this requirement. The continuing
education must include at least four hours of documented training on dementia
and related disorders, activities of daily living, problem solving with
challenging behaviors, and communication skills within 160 working hours of
hire and two hours of training on these topics for each 12 months of employment
thereafter.
(b) The facility must maintain records
for at least three years demonstrating that the manager has attended
educational programs as required by this section. New managers may satisfy the initial dementia
training requirements by producing written proof of having previously completed
required training within the past 18 months.
Sec. 7. [144K.06]
FIRE PROTECTION AND PHYSICAL ENVIRONMENT.
Subdivision 1. Comprehensive
fire protection system required. Every
independent senior living facility must have a comprehensive fire protection
system that includes:
(1) protection throughout the facility
by an approved supervised automatic sprinkler system according to building code
requirements established in Minnesota Rules, part 1305.0903, or smoke detectors
in each occupied room installed and maintained in accordance with the National
Fire Protection Association (NFPA) Standard 72;
(2) portable fire extinguishers
installed and tested in accordance with the NFPA Standard 10; and
(3) the physical environment, including
walls, floors, ceiling, all furnishings, grounds, systems, and equipment kept
in a continuous state of good repair and operation with regard to the health,
safety, comfort, and well-being of the residents in accordance with a
maintenance and repair program.
Subd. 2. Fire
drills. Fire drills shall be
conducted in accordance with the residential board and care requirements in the
Life Safety Code.
Sec. 8. [144K.07]
EMERGENCY PLANNING.
Subdivision 1. Requirements. Each independent senior living
facility must meet the following requirements:
(1)
have a written emergency disaster plan that contains a plan for evacuation,
addresses elements of sheltering in-place, identifies temporary relocation
sites, and details staff assignments in the event of a disaster or an
emergency;
(2) post an emergency disaster plan prominently;
(3) provide building emergency exit diagrams to all
residents upon signing a residency and services contract;
(4) post emergency exit diagrams on each floor; and
(5) have a written policy and procedure regarding
missing residents.
Subd. 2.
Emergency and disaster
training. Each independent
senior living facility must provide emergency and disaster training to all
staff during the initial staff orientation and annually thereafter and must
make emergency and disaster training available to all residents annually. Staff who have not received emergency and
disaster training are allowed to work only when trained staff are also working
on site.
Sec. 9. [144K.08] OTHER LAWS.
An independent senior living facility must comply with
chapter 504B and must obtain and maintain all other licenses, permits,
registrations, or other governmental approvals required of it.
EFFECTIVE DATE. This section is effective August 1,
2021.
Sec. 10. [144K.09] ENFORCEMENT.
(a) A violation of this chapter constitutes a violation
of section 325F.69, subdivision 1. The
attorney general may enforce this section using the remedies in section
325F.70.
(b) A resident who meets the criteria in section
325F.71, subdivision 1, has a cause of action under section 325F.71, subdivision
4, for a violation of this chapter.
EFFECTIVE DATE. This section is effective August 1,
2021.
ARTICLE 5
ASSISTED LIVING LICENSURE
Section 1. Minnesota Statutes 2018, section 144.122, is amended to read:
144.122 LICENSE,
PERMIT, AND SURVEY FEES.
(a) The state commissioner of health, by rule, may prescribe procedures and fees for filing with the commissioner as prescribed by statute and for the issuance of original and renewal permits, licenses, registrations, and certifications issued under authority of the commissioner. The expiration dates of the various licenses, permits, registrations, and certifications as prescribed by the rules shall be plainly marked thereon. Fees may include application and examination fees and a penalty fee for renewal applications submitted after the expiration date of the previously issued permit, license, registration, and certification. The commissioner may also prescribe, by rule, reduced fees for permits, licenses, registrations, and certifications when the application therefor is submitted during the last three months of the permit, license, registration, or certification period. Fees proposed to be prescribed in the rules shall be first approved by the Department of Management and Budget. All fees proposed to be prescribed in rules shall be reasonable. The fees shall be in an amount so that the total fees collected by the commissioner will,
where practical, approximate the cost to the commissioner in administering the program. All fees collected shall be deposited in the state treasury and credited to the state government special revenue fund unless otherwise specifically appropriated by law for specific purposes.
(b) The commissioner may charge a fee for voluntary certification of medical laboratories and environmental laboratories, and for environmental and medical laboratory services provided by the department, without complying with paragraph (a) or chapter 14. Fees charged for environment and medical laboratory services provided by the department must be approximately equal to the costs of providing the services.
(c) The commissioner may develop a schedule of fees for diagnostic evaluations conducted at clinics held by the services for children with disabilities program. All receipts generated by the program are annually appropriated to the commissioner for use in the maternal and child health program.
(d) The commissioner shall set license fees for hospitals and nursing homes that are not boarding care homes at the following levels:
Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and American Osteopathic Association (AOA) hospitals |
$7,655 plus $16 per bed |
Non-JCAHO and non-AOA hospitals |
$5,280 plus $250 per bed |
Nursing home |
$183 plus $91 per bed until June 30, 2018. $183 plus $100 per bed between July 1, 2018, and June 30, 2020. $183 plus $105 per bed beginning July 1, 2020. |
The commissioner shall set license fees for outpatient
surgical centers, boarding care homes, and supervised living facilities,
assisted living facilities, and assisted living facilities with dementia care
at the following levels:
Outpatient surgical centers |
$3,712 |
Boarding care homes |
$183 plus $91 per bed |
Supervised living facilities |
$183 plus $91 per bed. |
Assisted living facilities with dementia care |
$....... plus $....... per bed. |
Assisted living facilities |
$....... plus $....... per bed. |
Fees collected under this paragraph are nonrefundable. The fees are nonrefundable even if received before July 1, 2017, for licenses or registrations being issued effective July 1, 2017, or later.
(e) Unless prohibited by federal law, the commissioner of health shall charge applicants the following fees to cover the cost of any initial certification surveys required to determine a provider's eligibility to participate in the Medicare or Medicaid program:
These fees shall be submitted at the time of the application for federal certification and shall not be refunded. All fees collected after the date that the imposition of fees is not prohibited by federal law shall be deposited in the state treasury and credited to the state government special revenue fund.
Sec. 2. [144I.01]
DEFINITIONS.
Subdivision 1. Applicability. For the purposes of this chapter, the
definitions in this section have the meanings given.
Subd. 2. Adult. "Adult" means a natural
person who has attained the age of 18 years.
Subd. 3. Agent. "Agent" means the person
upon whom all notices and orders shall be served and who is authorized to
accept service of notices and orders on behalf of the facility.
Subd. 4. Applicant. "Applicant" means an
individual, legal entity, controlling individual, or other organization that
has applied for licensure under this chapter.
Subd. 5. Assisted
living administrator. "Assisted
living administrator" means a person who administers, manages, supervises,
or is in general administrative charge of an assisted living facility, whether
or not the individual has an ownership interest in the facility, and whether or
not the person's functions or duties are shared with one or more individuals
and who is licensed by the Board of Executives for Long Term Services and
Supports pursuant to section 144I.31.
Subd. 6. Assisted
living facility. "Assisted
living facility" means a licensed facility that: (1) provides sleeping accommodations to one
or more adults; and (2) provides basic care services and comprehensive assisted
living services. For purposes of this
chapter, assisted living facility does not include:
(i) emergency shelter, transitional
housing, or any other residential units serving exclusively or primarily
homeless individuals, as defined under section 116L.361;
(ii) a nursing home licensed under
chapter 144A;
(iii) a hospital, certified boarding
care, or supervised living facility licensed under sections 144.50 to 144.56;
(iv) a lodging establishment licensed
under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under
chapter 245D or 245G, except lodging establishments that provide dementia care
services;
(v) a lodging establishment serving as
a shelter for individuals fleeing domestic violence;
(vi) services and residential settings
licensed under chapter 245A, including adult foster care and services and
settings governed under the standards in chapter 245D;
(vii) private homes where the residents
own or rent the home and control all aspects of the property and building;
(viii)
a duly organized condominium, cooperative, and common interest community, or
owners' association of the condominium, cooperative, and common interest
community where at least 80 percent of the units that comprise the condominium,
cooperative, or common interest community are occupied by individuals who are
the owners, members, or shareholders of the units;
(ix) temporary family health care
dwellings as defined in sections 394.307 and 462.3593;
(x) settings offering services conducted by and for the adherents of any recognized church or religious denomination for its members through spiritual means or by prayer for healing;
(xi) housing financed pursuant to
sections 462A.37 and 462A.375, units financed with low-income housing tax
credits pursuant to United States Code, title 26, section 42, and units
financed by the Minnesota Housing Finance Agency that are intended to serve
individuals with disabilities or individuals who are homeless;
(xii) rental housing developed under
United States Code, title 42, section 1437, or United States Code, title 12,
section 1701q;
(xiii) rental housing designated for
occupancy by only elderly or elderly and disabled residents under United States
Code, title 42, section 1437e, or rental housing for qualifying families under
Code of Federal Regulations, title 24, section 983.56; or
(xiv) rental housing funded under United
States Code, title 42, chapter 89, or United States Code, title 42, section
8011.
Subd. 7. Assisted
living services. "Assisted
living services" include any of the basic care services and one or more of
the following:
(1) services of an advanced practice
nurse, registered nurse, licensed practical nurse, physical therapist,
respiratory therapist, occupational therapist, speech-language pathologist,
dietitian or nutritionist, or social worker;
(2) tasks delegated to unlicensed
personnel by a registered nurse or assigned by a licensed health professional
within the person's scope of practice;
(3) medication management services;
(4) hands-on assistance with transfers
and mobility;
(5) treatment and therapies;
(6) assisting residents with eating when
the clients have complicated eating problems as identified in the resident record
or through an assessment such as difficulty swallowing, recurrent lung
aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed; or
(7) providing other complex or specialty
health care services.
Subd. 8. Assisted
living facility with dementia care. "Assisted
living facility with dementia care" means a licensed assisted living
facility that also provides dementia care services. An assisted living facility with dementia
care may also have a secured dementia care unit.
Subd. 9. Assisted
living facility contract. "Assisted
living facility contract" means the legal agreement between an assisted
living facility and a resident for the provision of housing and services.
Subd. 10. Basic
care services. "Basic
care services" means assistive tasks provided by licensed or unlicensed
personnel that include:
(1) assisting with dressing,
self-feeding, oral hygiene, hair care, grooming, toileting, and bathing;
(2)
providing standby assistance;
(3) providing verbal or visual
reminders to the resident to take regularly scheduled medication, which
includes bringing the client previously set-up medication, medication in
original containers, or liquid or food to accompany the medication;
(4) providing verbal or visual reminders
to the client to perform regularly scheduled treatments and exercises;
(5) preparing modified diets ordered by
a licensed health professional;
(6) having, maintaining, and documenting a system to, by any means, check on the health, safety, and well-being of a resident; and
(7) supportive services in addition to
the provision of at least one of the activities in clauses (1) to (5).
Subd. 11. Change
of ownership. "Change of
ownership" means a change in the individual or legal entity that is responsible
for the operation of a facility.
Subd. 12. Commissioner. "Commissioner" means the
commissioner of health.
Subd. 13. Compliance
officer. "Compliance
officer" means a designated individual who is qualified by knowledge,
training, and experience in health care or risk management to promote,
implement, and oversee the facility's compliance program. The compliance officer shall also exhibit
knowledge of relevant regulations; provide expertise in compliance processes;
and address fraud, abuse, and waste under this chapter and state and federal
law.
Subd. 14. Controlled substance. "Controlled substance" has
the meaning given in section 152.01, subdivision 4.
Subd. 15. Controlling
individual. (a)
"Controlling individual" means an owner of a facility licensed under
this chapter and the following individuals, if applicable:
(1) each officer of the organization,
including the chief executive officer and chief financial officer;
(2) the individual designated as the
authorized agent under section 245A.04, subdivision 1, paragraph (b);
(3)
the individual designated as the compliance officer under section 256B.04,
subdivision 21, paragraph (b); and
(4) each managerial official whose
responsibilities include the direction of the management or policies of the
facility.
(b) Controlling individual also means
any owner who directly or indirectly owns five percent or more interest in:
(1) the land on which the facility is
located, including a real estate investment trust (REIT);
(2) the structure in which a facility
is located;
(3) any mortgage, contract for deed, or
other obligation secured in whole or part by the land or structure comprising
the facility; or
(4) any lease or sublease of the land,
structure, or facilities comprising the facility.
(c) Controlling individual does not
include:
(1)
a bank, savings bank, trust company, savings association, credit union,
industrial loan and thrift company, investment banking firm, or insurance
company unless the entity operates a program directly or through a subsidiary;
(2) government and government-sponsored
entities such as the U.S. Department of Housing and Urban Development, Ginnie
Mae, Fannie Mae, Freddie Mac, and the Minnesota Housing Finance Agency which
provide loans, financing, and insurance products for housing sites;
(3) an individual who is a state or
federal official, or a state or federal employee, or a member or employee of
the governing body of a political subdivision of the state or federal
government that operates one or more facilities, unless the individual is also
an officer, owner, or managerial official of the facility, receives
remuneration from the facility, or owns any of the beneficial interests not
excluded in this subdivision;
(4) an individual who owns less than
five percent of the outstanding common shares of a corporation:
(i) whose securities are exempt under
section 80A.45, clause (6); or
(ii) whose transactions are exempt
under section 80A.46, clause (2);
(5) an individual who is a member of an
organization exempt from taxation under section 290.05, unless the individual
is also an officer, owner, or managerial official of the license or owns any of
the beneficial interests not excluded in this subdivision. This clause does not exclude from the
definition of controlling individual an organization that is exempt from
taxation; or
(6) an employee stock ownership plan
trust, or a participant or board member of an employee stock ownership plan,
unless the participant or board member is a controlling individual.
Subd. 16. Dementia. "Dementia" means the loss of
intellectual function of sufficient severity that interferes with an
individual's daily functioning. Dementia
affects an individual's memory and ability to think, reason, speak, and move. Symptoms may also include changes in
personality, mood, and behavior. Irreversible
dementias include but are not limited to:
(1) Alzheimer's disease;
(2) vascular dementia;
(3) Lewy body dementia;
(4) frontal-temporal lobe dementia;
(5) alcohol dementia;
(6) Huntington's disease; and
(7) Creutzfeldt-Jakob disease.
Subd. 17. Dementia
care services. "Dementia
care services" means a distinct form of long-term care designed to meet
the specific needs of an individual with dementia.
Subd. 18. Dementia-trained
staff. "Dementia-trained
staff" means any employee that has completed the minimum training
requirements and has demonstrated knowledge and understanding in supporting
individuals with dementia.
Subd. 19. Designated
representative. "Designated
representative" means one of the following in the order of priority
listed, to the extent the person may reasonably be identified and located:
(1) a court-appointed guardian acting
in accordance with the powers granted to the guardian under chapter 524;
(2) a conservator acting in accordance
with the powers granted to the conservator under chapter 524;
(3) a health care agent acting in
accordance with the powers granted to the health care agent under chapter 145C;
(4)
a power of attorney acting in accordance with the powers granted to the
attorney-in-fact under chapter 523; or
(5) the resident representative.
Subd. 20. Dietary
supplement. "Dietary
supplement" means a product taken by mouth that contains a dietary
ingredient intended to supplement the diet.
Dietary ingredients may include vitamins, minerals, herbs or other
botanicals, amino acids, and substances such as enzymes, organ tissue,
glandulars, or metabolites.
Subd. 21. Direct
contact. "Direct
contact" means providing face-to-face care, training, supervision,
counseling, consultation, or medication assistance to residents of a facility.
Subd. 22. Direct
ownership interest. "Direct
ownership interest" means an individual or organization with the
possession of at least five percent equity in capital, stock, or profits of an
organization, or who is a member of a limited liability company. An individual with a five percent or more
direct ownership is presumed to have an effect on the operation of the facility
with respect to factors affecting the care or training provided.
Subd. 23. Facility. "Facility" means an assisted
living facility and an assisted living facility with dementia care.
Subd. 24. Hands-on
assistance. "Hands-on
assistance" means physical help by another person without which the
resident is not able to perform the activity.
Subd. 25. Indirect
ownership interest. "Indirect
ownership interest" means an individual or organization with a direct
ownership interest in an entity that has a direct or indirect ownership
interest in a facility of at least five percent or more. An individual with a five percent or more
indirect ownership is presumed to have an effect on the operation of the
facility with respect to factors affecting the care or training provided.
Subd. 26. Licensed
health professional. "Licensed
health professional" means a person licensed in Minnesota to practice the
professions described in section 214.01, subdivision 2.
Subd. 27. Licensed
resident bed capacity. "Licensed
resident bed capacity" means the resident occupancy level requested by a
licensee and approved by the commissioner.
Subd. 28. Licensee. "Licensee" means a person or
legal entity to whom the commissioner issues a license for a facility and who
is responsible for the management, control, and operation of a facility. A facility must be managed, controlled, and
operated in a manner that enables it to use its resources effectively and
efficiently to attain or maintain the highest practicable physical, mental, and
psychosocial well-being of each resident.
Subd. 29. Maltreatment. "Maltreatment" means conduct
described in section 626.5572, subdivision 15, or the intentional and
nontherapeutic infliction of physical pain or injury or any persistent course
of conduct intended to produce mental or emotional distress.
Subd. 30. Management
agreement. "Management
agreement" means a written, executed agreement between a licensee and
manager regarding the provision of certain services on behalf of the licensee.
Subd. 31. Managerial
official. "Managerial
official" means an individual who has the decision-making authority
related to the operation of the facility and the responsibility for the ongoing
management or direction of the policies, services, or employees of the
facility.
Subd. 32. Medication. "Medication" means a
prescription or over-the-counter drug. For
purposes of this chapter only, medication includes dietary supplements.
Subd. 33. Medication
administration. "Medication
administration" means performing a set of tasks that includes the
following:
(1) checking the resident's medication
record;
(2) preparing the medication as
necessary;
(3) administering the medication to the
resident;
(4) documenting the administration or
reason for not administering the medication; and
(5) reporting to a registered nurse or
appropriate licensed health professional any concerns about the medication, the
resident, or the resident's refusal to take the medication.
Subd. 34. Medication
management. "Medication
management" means the provision of any of the following medication-related
services to a resident:
(1) performing medication setup;
(2) administering medications;
(3) storing and securing medications;
(4) documenting medication activities;
(5) verifying and monitoring the
effectiveness of systems to ensure safe handling and administration;
(6) coordinating refills;
(7) handling and implementing changes to
prescriptions;
(8) communicating with the pharmacy
about the resident's medications; and
(9) coordinating and communicating with
the prescriber.
Subd. 35. Medication
reconciliation. "Medication
reconciliation" means the process of identifying the most accurate list of
all medications the resident is taking, including the name, dosage, frequency,
and route by comparing the resident record to an external list of medications
obtained from the resident, hospital, prescriber or other provider.
Subd. 36. Medication
setup. "Medication
setup" means arranging medications by a nurse, pharmacy, or authorized
prescriber for later administration by the resident or by facility staff.
Subd. 37. New
construction. "New
construction" means a new building, renovation, modification,
reconstruction, physical changes altering the use of occupancy, or an addition
to a building.
Subd. 38. Nurse. "Nurse" means a person who
is licensed under sections 148.171 to 148.285.
Subd. 39. Occupational
therapist. "Occupational
therapist" means a person who is licensed under sections 148.6401 to
148.6449.
Subd. 40. Ombudsman. "Ombudsman" means the
ombudsman for long-term care.
Subd. 41. Owner. "Owner" means an individual
or organization that has a direct or indirect ownership interest of five
percent or more in a facility. For
purposes of this chapter, "owner of a nonprofit corporation" means the
president and treasurer of the board of directors or, for an entity owned by an
employee stock ownership plan, means the president and treasurer of the entity. A government entity that is issued a license
under this chapter shall be designated the owner. An individual with a five percent or more
direct or indirect ownership is presumed to have an effect on the operation of
the facility with respect to factors affecting the care or training provided.
Subd. 42. Over-the-counter
drug. "Over-the-counter
drug" means a drug that is not required by federal law to bear the symbol
"Rx only."
Subd. 43. Person-centered
planning and service delivery. "Person-centered
planning and service delivery" means services as defined in section
245D.07, subdivision 1a, paragraph (b).
Subd. 44. Pharmacist. "Pharmacist" has the meaning
given in section 151.01, subdivision 3.
Subd. 45. Physical
therapist. "Physical
therapist" means a person who is licensed under sections 148.65 to 148.78.
Subd. 46. Physician. "Physician" means a person
who is licensed under chapter 147.
Subd. 47. Prescriber. "Prescriber" means a person
who is authorized by sections 148.235; 151.01, subdivision 23;
and 151.37 to prescribe prescription drugs.
Subd. 48. Prescription. "Prescription" has the
meaning given in section 151.01, subdivision 16a.
Subd. 49. Provisional
license. "Provisional
license" means the initial license the department issues after approval of
a complete written application and before the department completes the
provisional license survey and determines that the provisional licensee is in
substantial compliance.
Subd. 50. Regularly
scheduled. "Regularly
scheduled" means ordered or planned to be completed at predetermined times
or according to a predetermined routine.
Subd. 51. Reminder. "Reminder" means providing a
verbal or visual reminder to a resident.
Subd. 52. Resident. "Resident" means a person living in an assisted living facility.
Subd. 53. Resident
record. "Resident
record" means all records that document information about the services
provided to the resident.
Subd. 54. Resident
representative. "Resident
representative" means a person designated in writing by the resident and
identified in the resident's records on file with the facility.
Subd. 55. Respiratory
therapist. "Respiratory
therapist" means a person who is licensed under chapter 147C.
Subd. 56. Revenues. "Revenues" means all money
received by a licensee derived from the provision of home care services,
including fees for services and appropriations of public money for home care
services.
Subd. 57. Service
plan. "Service
plan" means the written plan between the resident or the resident's
representative and the provisional licensee or licensee about the services that
will be provided to the resident.
Subd. 58. Social
worker. "Social
worker" means a person who is licensed under chapter 148D or 148E.
Subd. 59. Speech-language
pathologist. "Speech-language
pathologist" has the meaning given in section 148.512.
Subd. 60. Standby
assistance. "Standby
assistance" means the presence of another person within arm's reach to
minimize the risk of injury while performing daily activities through physical
intervention or cueing to assist a resident with an assistive task by providing
cues, oversight, and minimal physical assistance.
Subd. 61. Substantial
compliance. "Substantial
compliance" means complying with the requirements in this chapter
sufficiently to prevent unacceptable health or safety risks to residents.
Subd. 62. Supportive services. "Supportive services" means:
(1) assistance with laundry, shopping,
and household chores;
(2) housekeeping services;
(3) provision or assistance with meals
or food preparation;
(4) help with arranging for, or arranging
transportation to medical, social, recreational, personal, or social services
appointments; or
(5) provision of social or recreational
services.
Arranging for services does not include making referrals,
or contacting a service provider in an emergency.
Subd. 63. Survey. "Survey" means an inspection
of a licensee or applicant for licensure for compliance with this chapter.
Subd. 64. Surveyor. "Surveyor" means a staff
person of the department who is authorized to conduct surveys of assisted living
facilities and applicants.
Subd. 65. Termination
of housing or services. "Termination
of housing or services" means a discharge, eviction, transfer, or service
termination initiated by the facility. A
facility-initiated termination is one which the resident objects to and did not
originate through a resident's verbal or written request. A resident-initiated termination is one where
a resident or, if appropriate, a designated representative provided a verbal or
written notice of intent to leave the facility.
A resident-initiated termination does not include the general expression
of a desire to return home or the elopement of residents with cognitive
impairment.
Subd. 66. Treatment
or therapy. "Treatment"
or "therapy" means the provision of care, other than medications,
ordered or prescribed by a licensed health professional and provided to a
resident to cure, rehabilitate, or ease symptoms.
Subd. 67. Unit
of government. "Unit of
government" means a city, county, town, school district, other political
subdivision of the state, or an agency of the state or federal government, that
includes any instrumentality of a unit of government.
Subd. 68. Unlicensed
personnel. "Unlicensed
personnel" means individuals not otherwise licensed or certified by a
governmental health board or agency who provide services to a resident.
Subd. 69. Verbal. "Verbal" means oral and not
in writing.
Sec. 3. [144I.02]
ASSISTED LIVING FACILITY LICENSE.
Subdivision 1. License
required. Beginning August 1,
2021, an entity may not operate an assisted living facility in Minnesota unless
it is licensed under this chapter.
Subd. 2. Licensure
categories. (a) The
categories in this subdivision are established for assisted living facility
licensure.
(b) An assisted living category is an
assisted living facility that provides basic care services and comprehensive
assisted living services.
(c) An assisted living facility with
dementia care category is an assisted living facility that provides basic care
services, comprehensive assisted living services, and dementia care services. An assisted living facility with dementia
care may also provide dementia care services in a secure dementia care unit.
Subd. 3. Violations;
penalty. (a) Operating a
facility without a license is a misdemeanor punishable by a fine imposed by the
commissioner.
(b) A controlling individual of the
facility in violation of this section is guilty of a misdemeanor. This paragraph shall not apply to any
controlling individual who had no legal authority to affect or change decisions
related to the operation of the facility.
(c) The sanctions in this section do
not restrict other available sanctions in law.
Sec. 4. [144I.03]
PROVISIONAL LICENSE.
Subdivision 1. Provisional
license. (a) Beginning August
1, 2021, for new applicants, the commissioner shall issue a provisional license
to each of the licensure categories specified in section 144I.02, subdivision
2, which is effective for up to one year from the license effective date,
except that a provisional license may be extended according to subdivision 2,
paragraph (c).
(b) Assisted living facilities are
subject to evaluation and approval by the commissioner of the facility's
physical environment and its operational aspects before a change in ownership
or capacity, or an addition of services which necessitates a change in the
facility's physical environment.
Subd. 2. Initial
survey; licensure. (a) During
the provisional license period, the commissioner shall survey the provisional
licensee after the commissioner is notified or has evidence that the
provisional licensee has residents and is providing services.
(b)
Within two days of beginning to provide services, the provisional licensee must
provide notice to the commissioner that it is serving residents by sending an email
to the email address provided by the commissioner. If the provisional licensee does not provide
services during the provisional license year period, then the provisional
license expires at the end of the period and the applicant must reapply for the
provisional facility license.
(c) If the provisional licensee
notifies the commissioner that the licensee has residents within 45 days prior
to the provisional license expiration, the commissioner may extend the
provisional license for up to 60 days in order to allow the commissioner to
complete the on-site survey required under this section and follow-up survey
visits.
(d) If the provisional licensee is in
substantial compliance with the survey, the commissioner shall issue a facility
license. If the provisional licensee is
not in substantial compliance with the initial survey, the commissioner shall
either: (1) not issue the facility
license and terminate the provisional license; or (2) extend the provisional
license for a period not to exceed 90 days and apply conditions necessary to
bring the facility into substantial compliance.
If the provisional licensee is not in substantial compliance with the
survey within the time period of the extension or if the provisional licensee
does not satisfy the license conditions, the commissioner may deny the license.
Subd. 3. Reconsideration. (a) If a provisional licensee whose
facility license has been denied or extended with conditions disagrees with the
conclusions of the commissioner, then the provisional licensee may request a
reconsideration by the commissioner or commissioner's designee. The reconsideration request process must be
conducted internally by the commissioner or designee and chapter 14 does not
apply.
(b) The provisional licensee requesting
the reconsideration must make the request in writing and must list and describe
the reasons why the provisional licensee disagrees with the decision to deny
the facility license or the decision to extend the provisional license with
conditions.
(c) The reconsideration request and
supporting documentation must be received by the commissioner within 15
calendar days after the date the provisional licensee receives the denial or
provisional license with conditions.
Subd. 4. Continued
operation. A provisional
licensee whose license is denied is permitted to continue operating during the
period of time when:
(1) a reconsideration is in process;
(2) an extension of the provisional
license and terms associated with it is in active negotiation between the
commissioner and the licensee and the commissioner confirms the negotiation is
active; or
(3) a transfer of residents to a new
facility is underway and not all of the residents have relocated.
Subd. 5. Requirements
for notice and transfer. A
provisional licensee whose license is denied must comply with the requirements
for notification and transfer of residents in section 144J.08.
Subd. 6. Fines. The fee for failure to comply with the
notification requirements in section 144J.08, subdivision 6,
paragraph (b), is $1,000.
Sec. 5. [144I.04]
APPLICATION FOR LICENSURE.
Subdivision 1. License
applications. (a) Each
application for a facility license, including a provisional license, must
include information sufficient to show that the applicant meets the
requirements of licensure, including:
(1) the business name and legal entity name of the operating entity; street address and mailing address of the facility; and the names, email addresses, telephone numbers, and mailing addresses of all owners, controlling individuals, managerial officials, and the assisted living administrator;
(2) the name and email address of the
managing agent, if applicable;
(3) the licensed bed capacity and the
license category;
(4) the license fee in the amount
specified in section 144.122;
(5) any judgments, private or public
litigation, tax liens, written complaints, administrative actions, or
investigations by any government agency against the applicant, owner,
controlling individual, managerial official, or assisted living administrator
that are unresolved or otherwise filed or commenced within the preceding ten
years;
(6) documentation of compliance with
the background study requirements in section 144I.06 for the owner, controlling
individuals, and managerial officials. Each
application for a new license must include documentation for the applicant and
for each individual with five percent or more direct or indirect ownership in
the applicant;
(7) evidence of workers' compensation
coverage as required by sections 176.181 and 176.182;
(8) disclosure that the provider has no
liability coverage or, if the provider has coverage, documentation of coverage;
(9) a copy of the executed lease
agreement if applicable;
(10) a copy of the management agreement
if applicable;
(11) a copy of the operations transfer agreement
or similar agreement if applicable;
(12) a copy of the executed agreement if
the facility has contracted services with another organization or individual
for services such as managerial, billing, consultative, or medical personnel
staffing;
(13) a copy of the organizational chart
that identifies all organizations and individuals with any ownership interests
in the facility;
(14) whether any applicant, owner,
controlling individual, managerial official, or assisted living administrator
of the facility has ever been convicted of a crime or found civilly liable for
an offense involving moral turpitude, including forgery, embezzlement,
obtaining money under false pretenses, larceny, extortion, conspiracy to
defraud, or any other similar offense or violation; any violation of section
626.557 or any other similar law in any other state; or any violation of a
federal or state law or regulation in connection with activities involving any
consumer fraud, false advertising, deceptive trade practices, or similar
consumer protection law;
(15) whether the applicant or any owner,
controlling individual, managerial official, or assisted living administrator
of the facility has a record of defaulting in the payment of money collected
for others, including the discharge of debts through bankruptcy proceedings;
(16) documentation that the applicant
has designated one or more owners, controlling individuals, or employees as an
agent or agents, which shall not affect the legal responsibility of any other
owner or controlling individual under this chapter;
(17)
the signature of the owner or owners, or an authorized agent of the owner or
owners of the facility applicant. An
application submitted on behalf of a business entity must be signed by at least
two owners or controlling individuals;
(18) identification of all states where
the applicant or individual having a five percent or more ownership, currently
or previously has been licensed as owner or operator of a long-term care,
community-based, or health care facility or agency where its license or federal
certification has been denied, suspended, restricted, conditioned, or revoked
under a private or state-controlled receivership, or where these same actions
are pending under the laws of any state or federal authority; and
(19) any other information required by
the commissioner.
Subd. 2. Agents. (a) An application for a facility
license or for renewal of a facility license must specify one or more owners,
controlling individuals, or employees as agents:
(1) who shall be responsible for
dealing with the commissioner on all requirements of this chapter; and
(2) on whom personal service of all
notices and orders shall be made and who shall be authorized to accept service
on behalf of all of the controlling individuals of the facility in proceedings
under this chapter.
(b) Notwithstanding any law to the
contrary, personal service on the designated person or persons named in the
application is deemed to be service on all of the controlling individuals or
managerial employees of the facility and it is not a defense to any action
arising under this chapter that personal service was not made on each
controlling individual or managerial official of the facility. The designation of one or more controlling
individuals or managerial officials under this subdivision shall not affect the
legal responsibility of any other controlling individual or managerial official
under this chapter.
Subd. 3. Fees. (a) An initial applicant, renewal
applicant, or applicant filing a change of ownership for assisted living
facility licensure must submit the application fee required in section 144I.122
to the commissioner along with a completed application.
(b) The penalty for late submission of
the renewal application after expiration of the license is $200. The penalty for operating a facility after
expiration of the license and before a renewal license is issued, is $250 each
day after expiration of the license until the renewal license issuance date. The facility is still subject to the criminal
gross misdemeanor penalties for operating after license expiration.
(c) Fees collected under this section
shall be deposited in the state treasury and credited to the state government
special revenue fund. All fees are
nonrefundable.
(d) Fines collected under this
subdivision shall be deposited in a dedicated special revenue account. On an annual basis, the balance in the
special revenue account shall be appropriated to the commissioner to implement
the recommendations of the advisory council established in section 144A.4799.
Sec. 6. [144I.05]
TRANSFER OF LICENSE PROHIBITED.
Subdivision 1. Transfers
prohibited. Any facility
license issued by the commissioner may not be transferred to another party.
Subd. 2. New
license required. (a) Before
acquiring ownership of a facility, a prospective applicant must apply for a new
license. The licensee of an assisted
living facility must change whenever the following events occur, including but
not limited to:
(1)
the licensee's form of legal organization is changed;
(2) the licensee transfers ownership of
the facility business enterprise to another party regardless of whether
ownership of some or all of the real property or personal property assets of
the assisted living facility is also transferred;
(3) the licensee dissolves,
consolidates, or merges with another legal organization and the licensee's
legal organization does not survive;
(4) during any continuous 24-month
period, 50 percent or more of the licensed entity is transferred, whether by a
single transaction or multiple transactions, to:
(i) a different person; or
(ii)
a person who had less than a five percent ownership interest in the facility at
the time of the first transaction; or
(5) any other event or combination of
events that results in a substitution, elimination, or withdrawal of the
licensee's control of the facility.
(b) As used in this section,
"control" means the possession, directly or indirectly, of the power
to direct the management, operation, and policies of the licensee or facility,
whether through ownership, voting control, by agreement, by contract, or
otherwise.
(c) The current facility licensee must
provide written notice to the department and residents, or designated
representatives, at least 60 calendar days prior to the anticipated date of the
change of licensee.
Subd. 3. Survey
required. For all new
licensees after a change in ownership, the commissioner shall complete a survey
within six months after the new license is issued.
Sec. 7. [144I.06]
BACKGROUND STUDIES.
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 controlling individual
or managerial official is required to complete a background study under section
144.057. No person may be involved in
the management, operation, or control of a facility if the person has been
disqualified under chapter 245C. For the
purposes of this section, managerial officials subject to the background check
requirement are individuals who provide direct contact.
(b) The commissioner shall not issue a
license if the controlling individual or managerial official has been
unsuccessful in having a background study disqualification set aside under
section 144.057 and chapter 245C.
(c) Employees, contractors, and
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 section shall be construed to
prohibit the facility from requiring self-disclosure of criminal conviction
information.
Subd. 2. Reconsideration. If an individual is disqualified under
section 144.057 or chapter 245C, the individual may request reconsideration of
the disqualification. If the individual
requests reconsideration and the commissioner sets aside or rescinds the
disqualification, the individual is eligible to be involved in the management,
operation, or control of the facility. If
an individual has a disqualification under section 245C.15, subdivision 1, and
the disqualification is affirmed, the individual's disqualification is barred
from a set aside, and the individual must not be involved in the management,
operation, or control of the facility.
Subd. 3. Data
classification. Data
collected under this subdivision shall be classified as private data on
individuals under section 13.02, subdivision 12.
Subd. 4. Termination
in good faith. Termination of
an employee in good faith reliance on information or records obtained under
this section regarding a confirmed conviction does not subject the assisted
living facility to civil liability or liability for unemployment benefits.
Sec. 8. [144I.07]
LICENSE RENEWAL.
Except as provided in section .......,
a license that is not a provisional license may be renewed for a period of up
to one year if the licensee satisfies the following:
(1) submits an application for renewal
in the format provided by the commissioner at least 60 days before expiration
of the license;
(2) submits the renewal fee under
section 144I.04, subdivision 3;
(3) submits the late fee under section
144I.04, subdivision 3, if the renewal application is received less than 30
days before the expiration date of the license;
(4) provides information sufficient to
show that the applicant meets the requirements of licensure, including items
required under section 144I.04, subdivision 1; and
(5) provides any other information
deemed necessary by the commissioner.
Sec. 9. [144I.08]
NOTIFICATION OF CHANGES IN INFORMATION.
A provisional licensee or licensee
shall notify the commissioner in writing prior to any financial or contractual
change and within 60 calendar days after any change in the information required
in section 144I.04, subdivision 1.
Sec. 10. [144I.09]
CONSIDERATION OF APPLICATIONS.
(a) The commissioner shall consider an
applicant's performance history in Minnesota and in other states, including
repeat violations or rule violations, before issuing a provisional license,
license, or renewal license.
(b) An applicant must not have a
history within the last five years in Minnesota or in any other state of a
license or certification involuntarily suspended or voluntarily terminated
during any enforcement process in a facility that provides care to children,
the elderly or ill individuals, or individuals with disabilities.
(c) Failure to provide accurate
information or demonstrate required performance history may result in the
denial of a license.
(d) The commissioner may deny, revoke,
suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide
complete and accurate information on the application and the commissioner
concludes that the missing or corrected information is needed to determine if a
license shall be granted;
(2) the applicant, knowingly or with
reason to know, made a false statement of a material fact in an application for
the license or any data attached to the application or in any matter under
investigation by the department;
(3)
the applicant refused to allow representatives or agents of the department to
inspect its books, records, and files, or any portion of the premises;
(4) willfully prevented, interfered
with, or attempted to impede in any way:
(i) the work of any authorized representative of the department, the
ombudsman for long-term care, or the ombudsman for mental health and
developmental disabilities; or (ii) the duties of the commissioner, local law
enforcement, city or county attorneys, adult protection, county case managers,
or other local government personnel;
(5) the applicant has a history of
noncompliance with federal or state regulations that were detrimental to the
health, welfare, or safety of a resident or a client; and
(6) the applicant violates any
requirement in this chapter.
(e) For all new licensees after a
change in ownership, the commissioner shall complete a survey within six months
after the new license is issued.
Sec. 11. [144I.10]
MINIMUM ASSISTED LIVING FACILITY REQUIREMENTS.
Subdivision 1. Minimum
requirements. All licensed
facilities shall:
(1) distribute to residents, families,
and resident representatives the assisted living bill of rights in section
144J.02;
(2) provide health-related services in
a manner that complies with the Nurse Practice Act in sections 148.171 to
148.285;
(3) utilize person-centered planning
and service delivery process as defined in section 245D.07;
(4) have and maintain a system for
delegation of health care activities to unlicensed personnel by a registered
nurse, including supervision and evaluation of the delegated activities as
required by the Nurse Practice Act in sections 148.171 to 148.285;
(5) provide a means for residents to
request assistance for health and safety needs 24 hours per day, seven days per
week;
(6) allow residents the ability to
furnish and decorate the resident's unit within the terms of the lease;
(7) permit residents access to food at
any time;
(8) allow residents to choose the
resident's visitors and times of visits;
(9) allow the resident the right to
choose a roommate if sharing a unit;
(10) notify the resident of the
resident's right to have and use a lockable door to the resident's unit. The licensee shall provide the locks on the
unit. Only a staff member with a
specific need to enter the unit shall have keys, and advance notice must be
given to the resident before entrance, when possible;
(11) develop and implement a staffing
plan for determining its staffing level that:
(i) includes an evaluation, to be
conducted at least twice a year, of the appropriateness of staffing levels in
the facility;
(ii)
ensures sufficient staffing at all times to meet the scheduled and reasonably
foreseeable unscheduled needs of each resident as required by the residents'
assessments and service plans on a 24-hour per day basis; and
(iii) ensures that the facility can
respond promptly and effectively to individual resident emergencies and to
emergency, life safety, and disaster situations affecting staff or residents in
the facility;
(12) ensures that a person or persons
are available 24 hours per day, seven days per week, who are responsible for
responding to the requests of residents 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 facility in order to
respond within a reasonable amount of time;
(iii) capable of communicating with residents;
(iv) capable of providing or summoning
the appropriate assistance; and
(v) capable of following directions. For an assisted living facility providing
dementia care, the awake person must be physically present in the locked or
secure unit; and
(13) offer to provide or make available
at least the following services to residents:
(i) at least three daily nutritious
meals with snacks available seven days per week, according to the recommended
dietary allowances in the United States Department of Agriculture (USDA)
guidelines, including seasonal fresh fruit and fresh vegetables. The following apply:
(A) modified special diets that are
appropriate to residents' needs and choices;
(B) menus prepared at least one week in
advance, and made available to all residents.
The facility must encourage residents' involvement in menu planning. Meal substitutions must be of similar
nutritional value if a resident refuses a food that is served. Residents must be informed in advance of menu
changes;
(C)
food must be prepared and served according to the Minnesota Food Code, Minnesota
Rules, chapter 4626; and
(D) the facility cannot require a
resident to include and pay for meals in their contract;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the resident,
provide direct or reasonable assistance with arranging for transportation to
medical and social services appointments, shopping, and other recreation, and
provide the name of or other identifying information about the person or
persons responsible for providing this assistance;
(v) upon the request of the resident,
provide reasonable assistance with accessing community resources and social
services available in the community, and provide the name of or other
identifying information about the person or persons responsible for providing
this assistance; and
(vi)
have a daily program of social and recreational activities that are based upon
individual and group interests, physical, mental, and psychosocial needs, and
that creates opportunities for active participation in the community at large.
Subd. 2. Policies
and procedures. (a) Each
facility must have policies and procedures in place to address the following
and keep them current:
(1) requirements in section 626.557,
reporting of maltreatment of vulnerable adults;
(2) conducting and handling background
studies on employees;
(3) orientation, training, and
competency evaluations of staff, and a process for evaluating staff
performance;
(4) handling complaints from residents,
family members, or designated representatives regarding staff or services
provided by staff;
(5) conducting initial evaluation of
residents' needs and the providers' ability to provide those services;
(6) conducting initial and ongoing
resident evaluations and assessments and how changes in a resident's condition are
identified, managed, and communicated to staff and other health care providers
as appropriate;
(7) orientation to and implementation
of the assisted living bill of rights;
(8) infection control practices;
(9) reminders for medications,
treatments, or exercises, if provided; and
(10) conducting appropriate screenings,
or documentation of prior screenings, to show that staff are free of
tuberculosis, consistent with current United States Centers for Disease Control
and Prevention standards.
(b) For assisted living facilities and
assisted living facilities with dementia care, the following are also required:
(1) conducting initial and ongoing
assessments of the resident's needs by a registered nurse or appropriate
licensed health professional, including how changes in the resident's
conditions are identified, managed, and communicated to staff and other health
care providers, as appropriate;
(2) ensuring that nurses and licensed
health professionals have current and valid licenses to practice;
(3) medication and treatment
management;
(4) delegation of tasks by registered
nurses or licensed health professionals;
(5) supervision of registered nurses
and licensed health professionals; and
(6) supervision of unlicensed personnel
performing delegated tasks.
Subd. 3. Infection
control program. The facility
shall establish and maintain an infection control program.
Subd. 4. Clinical
nurse supervision. All
assisted living facilities must have a clinical nurse supervisor who is a
registered nurse licensed in Minnesota.
Subd. 5. Resident
and family or resident representative councils. (a) If a resident, family, or
designated representative chooses to establish a council, the licensee shall
support the council's establishment. The
facility must provide assistance and space for meetings and afford privacy. Staff or visitors may attend meetings only
upon the council's invitation. A staff
person must be designated the responsibility of providing this assistance and
responding to written requests that result from council meetings. Resident council minutes are public data and
shall be available to all residents in the facility. Family or resident representatives may attend
resident councils upon invitation by a resident on the council.
(b) All assisted living facilities
shall engage their residents and families or designated representatives in the
operation of their community and document the methods and results of this
engagement.
Subd. 6. Resident
grievances. All facilities
must post in a conspicuous place information about the facilities' grievance
procedure, and the name, telephone number, and email contact information for
the individuals who are responsible for handling resident grievances. The notice must also have the contact
information for the state and applicable regional Office of Ombudsman for
Long-Term Care.
Subd. 7. Protecting
resident rights. A facility
shall ensure that every resident has access to consumer advocacy or legal
services by:
(1) providing names and contact information,
including telephone numbers and email addresses of at least three
organizations that provide advocacy or legal services to residents;
(2) providing the name and contact
information for the Minnesota Office of Ombudsman for Long-Term Care and the Office
of the Ombudsman for Mental Health and Developmental Disabilities, including
both the state and regional contact information;
(3) assisting residents in obtaining
information on whether Medicare or medical assistance under chapter 256B will
pay for services;
(4) making reasonable accommodations
for people who have communication disabilities and those who speak a language
other than English; and
(5) providing all information and
notices in plain language and in terms the residents can understand.
Subd. 8. Protection-related
rights. (a) In addition to
the rights required in the assisted living bill of rights under section
144J.02, the following rights must be provided to all residents. The facility must promote and protect these
rights for each resident by making residents aware of these rights and ensuring
staff are trained to support these rights:
(1) the right to furnish and decorate
the resident's unit within the terms of the lease;
(2) the right to access food at any
time;
(3) the right to choose visitors and
the times of visits;
(4) the right to choose a roommate if
sharing a unit;
(5) the right to personal privacy
including the right to have and use a lockable door on the resident's unit. The facility shall provide the locks on the resident's
unit. Only a staff member with a
specific need to enter the unit shall have keys, and advance notice must be
given to the resident before entrance, when possible;
(6)
the right to engage in chosen activities;
(7) the right to engage in community life;
(8) the right to control personal resources; and
(9) the right to individual autonomy, initiative, and
independence in making life choices including a daily schedule and with whom to
interact.
(b) The resident's rights in paragraph (a), clauses (2),
(3), and (5), may be restricted for an individual resident only if determined
necessary for health and safety reasons identified by the facility through an
initial assessment or reassessment under section 144I.15, subdivision 9, and
documented in the written service plan under section 144I.15, subdivision 10. Any restrictions of those rights for people
served under sections 256B.0915 and 256B.49 must be documented by the case
manager in the resident's coordinated service and support plan (CSSP), as defined
in sections 256B.0915, subdivision 6, and 256B.49, subdivision 15.
Subd. 9.
Payment for services under
disability waivers. For new
facilities, home and community-based services under section 256B.49 are not
available when the new facility setting is adjoined to, or on the same property
as, an institution as defined in Code of Federal Regulations, title 42, section
441.301(c).
Subd. 10. No discrimination based on source of payment. All facilities must, regardless of the source of payment and for all persons seeking to reside or residing in the facility:
(1) provide equal access to quality care; and
(2) establish, maintain, and implement identical
policies and practices regarding residency, transfer, and provision and
termination of services.
EFFECTIVE DATE. This section is effective August 1,
2021.
Sec. 12. [144I.11]
FACILITY RESPONSIBILITIES; HOUSING AND SERVICE-RELATED MATTERS.
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 are not limited to the handling of complaints, the provision of
notices, and the initiation of any adverse action against the resident
involving housing or services provided by the facility.
Subd. 2.
Uniform checklist disclosure
of services. (a) On and after
August 1, 2021, a facility must provide to prospective residents, the
prospective resident's designated representative, and any other person or
persons the resident chooses:
(1) a written checklist listing all services permitted
under the facility's license, identifying all services the facility offers to
provide under the assisted living facility contract, and identifying all
services allowed under the license that the facility does not provide; and
(2) an oral explanation of the services offered under
the contract.
(b) The requirements of paragraph (a) must be completed
prior to the execution of the resident contract.
(c) The commissioner must, in consultation with all
interested stakeholders, design the uniform checklist disclosure form for use
as provided under paragraph (a).
Subd. 3. Reservation
of rights. Nothing in this
chapter:
(1) requires a resident to utilize any service provided
by or through, or made available in, a facility;
(2) prevents a facility from requiring, as a condition
of the contract, that the resident pay for a package of services even if the
resident does not choose to use all or some of the services in the package. For residents who are eligible for home and
community-based waiver services under sections 256B.0915 and 256B.49, payment
for services will follow the policies of those programs;
(3) requires a facility to fundamentally alter the
nature of the operations of the facility in order to accommodate a resident's
request; or
(4) affects the duty of a facility to grant a resident's
request for reasonable accommodations.
Sec. 13. [144I.12] TRANSFER OF RESIDENTS WITHIN FACILITY.
(a) A facility must provide for the safe, orderly, and
appropriate transfer of residents within the facility.
(b) If an assisted living contract permits resident
transfers within the facility, the facility must provide at least 30 days'
advance notice of the transfer to the resident and the resident's designated
representative.
(c) In situations where there is a curtailment,
reduction, capital improvement, or change in operations within a facility, the
facility must minimize the number of transfers needed to complete the project
or change in operations, consider individual resident needs and preferences,
and provide reasonable accommodation for individual resident requests regarding
the room transfer. The facility must
provide notice to the Office of Ombudsman for Long-Term Care and, when
appropriate, the Office of Ombudsman for Mental Health and Developmental
Disabilities in advance of any notice to residents, residents' designated
representatives, and families when all of the following circumstances apply:
(1) the transfers of residents within the facility are
being proposed due to curtailment, reduction, capital improvements, or change
in operations;
(2) the transfers of residents within the facility are
not temporary moves to accommodate physical plan upgrades or renovation; and
(3) the transfers involve multiple residents being moved
simultaneously.
EFFECTIVE DATE. This section is effective August 1,
2021.
Sec. 14. [144I.13] FACILITY RESPONSIBILITIES;
BUSINESS OPERATION.
Subdivision 1.
Display of license. The original current license must be
displayed at the main entrance of the facility.
The facility must provide a copy of the license to any person who
requests it.
Subd. 2.
Quality management. The facility shall engage in quality
management appropriate to the size of the facility and relevant to the type of
services provided. The quality
management activity means evaluating the quality of care by periodically
reviewing resident services, complaints made, and other issues that have
occurred and determining whether changes in services, staffing, or other
procedures need to be made in order to ensure safe and competent services to
residents. Documentation about quality
management activity must be available for two years. Information about quality management must be
available to the commissioner at the time of the survey, investigation, or
renewal.
Subd. 3. Facility
restrictions. (a) This
subdivision does not apply to licensees that are Minnesota counties or other
units of government.
(b) A facility or staff person cannot
accept a power-of-attorney from residents for any purpose, and may not accept
appointments as guardians or conservators of residents.
(c) A facility cannot serve as a
resident's representative.
Subd. 4. Handling
resident's finances and property. (a)
A facility may assist residents with household budgeting, including paying
bills and purchasing household goods, but may not otherwise manage a resident's
property. A facility must provide a
resident with receipts for all transactions and purchases paid with the
resident's funds. When receipts are not
available, the transaction or purchase must be documented. A facility must maintain records of all such
transactions.
(b) A facility or staff person may not
borrow a resident's funds or personal or real property, nor in any way convert
a resident's property to the facility's or staff person's possession.
(c) Nothing in this section precludes a
facility or staff from accepting gifts of minimal value or precludes the
acceptance of donations or bequests made to a facility that are exempt from
income tax under section 501(c) of the Internal Revenue Code of 1986.
Subd. 5. Reporting
maltreatment of vulnerable adults; abuse prevention plan. (a) All facilities must comply with
the requirements for the reporting of maltreatment of vulnerable adults in
section 626.557. Each facility must
establish and implement a written procedure to ensure that all cases of
suspected maltreatment are reported.
(b) Each facility must develop and
implement an individual abuse prevention plan for each vulnerable adult. The plan shall contain an individualized
review or assessment of the person's susceptibility to abuse by another
individual, including other vulnerable adults; the person's risk of abusing
other vulnerable adults; and statements of the specific measures to be taken to
minimize the risk of abuse to that person and other vulnerable adults. For purposes of the abuse prevention plan,
abuse includes self-abuse.
Subd. 6. Reporting
suspected crime and maltreatment. (a)
A facility shall support protection and safety through access to the state's
systems for reporting suspected criminal activity and suspected vulnerable
adult maltreatment by:
(1) posting the 911 emergency number in
common areas and near telephones provided by the assisted living facility;
(2) posting information and the
reporting number for the common entry point under section 626.557 to report
suspected maltreatment of a vulnerable adult; and
(3) providing reasonable accommodations
with information and notices in plain language.
Subd. 7. Employee
records. (a) The facility
must maintain current records of each paid employee, regularly scheduled
volunteers providing services, and each individual contractor providing
services. The records must include the
following information:
(1) evidence of current professional
licensure, registration, or certification if licensure, registration, or
certification is required by this statute or other rules;
(2)
records of orientation, required annual training and infection control
training, and competency evaluations;
(3) current job description, including
qualifications, responsibilities, and identification of staff persons providing
supervision;
(4) documentation of annual performance
reviews that identify areas of improvement needed and training needs;
(5) for individuals providing facility
services, verification that required health screenings under section 144I.034,
subdivision 7, have taken place and the dates of those screenings; and
(6) documentation of the background
study as required under section 144.057.
(b) Each employee record must be retained
for at least three years after a paid employee, volunteer, or contractor ceases
to be employed by, provide services at, or be under contract with the facility. If a facility ceases operation, employee
records must be maintained for three years after facility operations cease.
Subd. 8. Compliance
officer. Every assisted
living facility shall have a compliance officer who is a licensed assisted
living administrator. An individual
licensed as a nursing home administrator, an assisted living administrator, or
a health services executive shall automatically meet the qualifications of a
compliance officer.
Sec. 15. [144I.14]
FACILITY RESPONSIBILITIES; STAFF.
Subdivision 1. Qualifications,
training, and competency. All
staff persons providing services must be trained and competent in the provision
of services consistent with current practice standards appropriate to the
resident's needs and be informed of the assisted living bill of rights under
section 144J.02.
Subd. 2. Licensed
health professionals and nurses. (a)
Licensed health professionals and nurses providing services as employees of a
licensed facility must possess a current Minnesota license or registration to
practice.
(b) Licensed health professionals and
registered nurses must be competent in assessing resident needs, planning
appropriate services to meet resident needs, implementing services, and
supervising staff if assigned.
(c) Nothing in this section limits or
expands the rights of nurses or licensed health professionals to provide
services within the scope of their licenses or registrations, as provided by
law.
Subd. 3. Unlicensed
personnel. (a) Unlicensed
personnel providing services must have:
(1) successfully completed a training
and competency evaluation appropriate to the services provided by the facility
and the topics listed in subdivision 6, paragraph (b); or
(2) demonstrated competency by
satisfactorily completing a written or oral test on the tasks the unlicensed
personnel will perform and on the topics listed in subdivision 6, paragraph
(b); and successfully demonstrated competency of topics in subdivision 6,
paragraph (b), clauses (5), (7), and (8), by a practical skills test.
Unlicensed personnel providing basic care services shall
not perform delegated nursing or therapy tasks.
(b) Unlicensed personnel performing
delegated nursing tasks in an assisted living facility must:
(1) have successfully completed training
and demonstrated competency by successfully completing a written or oral test of the topics in subdivision 6,
paragraphs (b) and (c), and a practical skills test on tasks listed in
subdivision 6, paragraphs (b), clauses (5) and (7), and (c), clauses
(3), (5), (6), and (7), and all the delegated tasks they will perform;
(2)
satisfy the current requirements of Medicare for training or competency of home
health aides or nursing assistants, as provided by Code of Federal Regulations,
title 42, section 483 or 484.36; or
(3) have, before April 19, 1993,
completed a training course for nursing assistants that was approved by the
commissioner.
(c) Unlicensed personnel performing
therapy or treatment tasks delegated or assigned by a licensed health
professional must meet the requirements for delegated tasks in subdivision 4
and any other training or competency requirements within the licensed health
professional's scope of practice relating to delegation or assignment of tasks
to unlicensed personnel.
Subd. 4. Delegation
of assisted living services. A
registered nurse or licensed health professional may delegate tasks only to
staff who are competent and possess the knowledge and skills consistent with
the complexity of the tasks and according to the appropriate Minnesota practice
act. The assisted living facility must
establish and implement a system to communicate up-to-date information to the
registered nurse or licensed health professional regarding the current
available staff and their competency so the registered nurse or licensed health
professional has sufficient information to determine the appropriateness of
delegating tasks to meet individual resident needs and preferences.
Subd. 5. Temporary
staff. When a facility
contracts with a temporary staffing agency, those individuals must meet the
same requirements required by this section for personnel employed by the
facility and shall be treated as if they are staff of the facility.
Subd. 6. Requirements
for instructors, training content, and competency evaluations for unlicensed
personnel. (a) Instructors
and competency evaluators must meet the following requirements:
(1) training and competency evaluations
of unlicensed personnel providing basic care services must be conducted by
individuals with work experience and training in providing basic care services;
and
(2) training and competency evaluations
of unlicensed personnel providing comprehensive assisted living services must
be conducted by a registered nurse, or another instructor may provide training
in conjunction with the registered nurse.
(b) Training and competency evaluations
for all unlicensed personnel must include the following:
(1) documentation requirements for all
services provided;
(2) reports of changes in the
resident's condition to the supervisor designated by the facility;
(3) basic infection control, including
blood-borne pathogens;
(4) maintenance of a clean and safe
environment;
(5) appropriate and safe techniques in
personal hygiene and grooming, including:
(i) hair care and bathing;
(ii) care of teeth, gums, and oral
prosthetic devices;
(iii) care and use of hearing aids; and
(iv)
dressing and assisting with toileting;
(6) training on the prevention of falls;
(7) standby assistance techniques and
how to perform them;
(8) medication, exercise, and treatment
reminders;
(9) basic nutrition, meal preparation,
food safety, and assistance with eating;
(10) preparation of modified diets as
ordered by a licensed health professional;
(11) communication skills that include
preserving the dignity of the resident and showing respect for the resident and
the resident's preferences, cultural background, and family;
(12) awareness of confidentiality and
privacy;
(13) understanding appropriate
boundaries between staff and residents and the resident's family;
(14) procedures to use in handling
various emergency situations; and
(15) awareness of commonly used health
technology equipment and assistive devices.
(c) In addition to paragraph (b),
training and competency evaluation for unlicensed personnel providing
comprehensive assisted living services must include:
(1) observing, reporting, and
documenting resident status;
(2) basic knowledge of body functioning
and changes in body functioning, injuries, or other observed changes that must
be reported to appropriate personnel;
(3) reading and recording temperature,
pulse, and respirations of the resident;
(4) recognizing physical, emotional,
cognitive, and developmental needs of the resident;
(5) safe transfer techniques and
ambulation;
(6) range of motioning and positioning;
and
(7) administering medications or
treatments as required.
(d) When the registered nurse or
licensed health professional delegates tasks, that person must ensure that
prior to the delegation the unlicensed personnel is trained in the proper
methods to perform the tasks or procedures for each resident and are able to
demonstrate the ability to competently follow the procedures and perform the tasks. If an unlicensed personnel has not regularly
performed the delegated assisted living task for a period of 24 consecutive
months, the unlicensed personnel must demonstrate competency in the task to the
registered nurse or appropriate licensed health professional. The registered nurse or licensed health
professional must document instructions for the delegated tasks in the
resident's record.
Subd. 7. Tuberculosis
prevention and control. A
facility must establish and maintain a comprehensive tuberculosis infection
control program according to the most current tuberculosis infection control
guidelines issued by the United States Centers for Disease Control and
Prevention (CDC), Division of Tuberculosis Elimination, as
published
in the CDC's Morbidity and Mortality Weekly Report (MMWR). The program must include a tuberculosis
infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The Department
of Health shall provide technical assistance regarding implementation of the
guidelines.
Subd. 8. Disaster
planning and emergency preparedness plan.
(a) Each facility must meet the following requirements:
(1) have a written emergency disaster
plan that contains a plan for evacuation, addresses elements of sheltering in
place, identifies temporary relocation sites, and details staff assignments in
the event of a disaster or an emergency;
(2) post an emergency disaster plan
prominently;
(3) provide building emergency exit
diagrams to all residents;
(4) post emergency exit diagrams on
each floor; and
(5) have a written policy and procedure
regarding missing tenant residents.
(b) Each facility must provide
emergency and disaster training to all staff during the initial staff
orientation and annually thereafter and must make emergency and disaster
training annually available to all residents.
Staff who have not received emergency
and disaster training are allowed to work only when trained staff are also
working on site.
(c) Each facility must meet any
additional requirements adopted in rule.
Sec. 16. [144I.15]
FACILITY RESPONSIBILITIES WITH RESPECT TO RESIDENTS.
Subdivision 1. Assisted
living bill of rights; notification to resident. (a) A facility shall provide the
resident and the designated representative a written notice of the rights under
section 144J.02 before the initiation of services to that resident. The facility shall make all reasonable
efforts to provide notice of the rights to the resident and the designated
representative in a language the resident and designated representative can
understand.
(b) In addition to the text of the bill
of rights in section 144J.02, the notice shall also contain the following
statement describing how to file a complaint.
"If you want to report suspected maltreatment of a
vulnerable adult, you may call the Minnesota Adult Abuse Reporting Center at
1-844-880-1574. If you have a complaint
about the facility or person providing your services, you may contact the
Office of Health Facility Complaints, Minnesota Department of Health. You may also contact the Office of Ombudsman
for Long-Term Care or the Office of Ombudsman for Mental Health and
Developmental Disabilities."
(c) The statement must include the
telephone number, website address, email address, mailing address, and street
address of the Office of Health Facility Complaints at the Minnesota Department
of Health, the Office of Ombudsman for Long-Term Care, and the Office of
Ombudsman for Mental Health and Developmental Disabilities. The statement must include the facility's
name, address, email, telephone number, and name or title of the person at the
facility to whom problems or complaints may be directed. It must also include a statement that the
facility will not retaliate because of a complaint.
(d) A facility must obtain written
acknowledgment of the resident's receipt of the bill of rights or shall
document why an acknowledgment cannot be obtained. The acknowledgment may be obtained from the
resident and the designated representative.
Acknowledgment of receipt shall be retained in the resident's record.
Subd. 2. Notices
in plain language; language accommodations.
A facility must provide all notices in plain language that
residents can understand and make reasonable accommodations for residents who
have communication disabilities and those whose primary language is a language
other than English.
Subd. 3. Notice
of services for dementia, Alzheimer's disease, or related disorders. A facility that provides services to
residents with dementia shall provide in written or electronic form, to
residents and families or other persons who request it, a description of the
training program and related training it provides, including the categories of
employees trained, the frequency of training, and the basic topics covered.
Subd. 4. Services
oversight and information. A
facility shall provide each resident with identifying and contact information
about the persons who can assist with health care or supportive services being
provided. A facility shall keep each
resident informed of changes in the personnel referenced in this subdivision.
Subd. 5. Notice
to residents; change in ownership or management. A facility must provide prompt written
notice to the resident or designated representative of any change of legal
name, telephone number, and physical mailing address, which may not be a public
or private post office box, of:
(1) the licensee of the facility;
(2) the manager of the facility, if
applicable; and
(3) the agent authorized to accept
legal process on behalf of the facility.
Subd. 6. Acceptance
of residents. A 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 service plan and that are within the facility's scope of
practice.
Subd. 7. Referrals. If a facility reasonably believes that
a resident is in need of another medical or health service, including a
licensed health professional, or social service provider, the facility shall:
(1) determine the resident's
preferences with respect to obtaining the service; and
(2) inform the resident of the
resources available, if known, to assist the resident in obtaining services.
Subd. 8. Initiation
of services. When a facility
initiates services and the individualized assessment required in subdivision 9
has not been completed, the facility must complete a temporary plan and
agreement with the resident for services.
Subd. 9. Initial
assessments and monitoring. (a)
An assisted living facility shall conduct a nursing assessment by a registered
nurse of the physical and cognitive needs of the prospective resident and propose
a temporary service plan prior to the date on which a prospective resident
executes a contract with a facility or the date on which a prospective resident
moves in, whichever is earlier. If
necessitated by either the geographic distance between the prospective resident
and the facility, or urgent or unexpected circumstances, the assessment may be
conducted using telecommunication methods based on practice standards that meet
the resident's needs and reflect person-centered planning and care delivery. The nursing assessment must be completed
within five days of the start of services.
(b) Resident reassessment and monitoring must be conducted no more than 14 days after initiation of services. Ongoing resident reassessment and monitoring must be conducted as needed based on changes in the needs of the resident and cannot exceed 90 days from the last date of the assessment.
(c) Residents who are not receiving any
services shall not be required to undergo an initial nursing assessment.
(d)
A facility must 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 facility or the date on which a prospective resident moves in,
whichever is earlier.
Subd. 10. Service
plan, implementation, and revisions to service plan. (a) No later than 14 days after the
date that services are first provided, a facility shall finalize a current
written service plan.
(b) The service plan and any revisions
must include a signature or other authentication by the facility and by the
resident or the designated representative documenting agreement on the services
to be provided. The service plan must be
revised, if needed, based on resident reassessment under subdivision 9. The facility must provide information to the
resident about changes to the facility's fee for services and how to contact
the Office of Ombudsman for Long-Term Care.
(c) The facility must implement and
provide all services required by the current service plan.
(d) The service plan and the revised
service plan must be entered into the resident's record, including notice of a
change in a resident's fees when applicable.
(e) Staff providing services must be
informed of the current written service plan.
(f) The service plan must include:
(1) a description of the services to be
provided, the fees for services, and the frequency of each service, according
to the resident's current assessment and resident preferences;
(2) the identification of staff or
categories of staff who will provide the services;
(3) the schedule and methods of
monitoring assessments of the resident;
(4) the schedule and methods of
monitoring staff providing services; and
(5) a contingency plan that includes:
(i) the action to be taken by the
facility and by the resident and the designated representative if the scheduled
service cannot be provided;
(ii) information and a method for a
resident and the designated representative to contact the facility;
(iii) the names and contact information
of persons the resident wishes to have notified in an emergency or if there is
a significant adverse change in the resident's condition, including
identification of and information as to who has authority to sign for the
resident in an emergency; and
(iv) the circumstances in which
emergency medical services are not to be summoned consistent with chapters 145B
and 145C, and declarations made by the resident under those chapters.
Subd. 11. Use
of restraints. Residents of
assisted living facilities must be free from any physical or chemical
restraints. Restraints are only
permissible if determined necessary for health and safety reasons identified by
the facility through an initial assessment or reassessment, under subdivision
9, and documented in the written service plan under subdivision 10.
Subd. 12. Request
for discontinuation of life-sustaining treatment. (a) If a resident, family member, or
other caregiver of the resident requests that an employee or other agent of the
facility discontinue a life-sustaining treatment, the employee or agent
receiving the request:
(1) shall take no action to discontinue
the treatment; and
(2) shall promptly inform the supervisor
or other agent of the facility of the resident's request.
(b) Upon being informed of a request for
discontinuance of treatment, the facility shall promptly:
(1) inform the resident that the request
will be made known to the physician or advanced practice registered nurse who
ordered the resident's treatment;
(2) inform the physician or advanced
practice registered nurse of the resident's request; and
(3) work with the resident and the
resident's physician or advanced practice registered nurse to comply with
chapter 145C.
(c) This section does not require the
facility to discontinue treatment, except as may be required by law or court
order.
(d) This section does not diminish the
rights of residents to control their treatments, refuse services, or terminate
their relationships with the facility.
(e) This section shall be construed in a
manner consistent with chapter 145B or 145C, whichever applies, and
declarations made by residents under those chapters.
Subd. 13. Medical
cannabis. Facilities may
exercise the authority and are subject to the protections in section 152.34.
Subd. 14. Landlord
and tenant. Facilities are
subject to and must comply with chapter 504B.
Sec. 17. [144I.16]
PROVISION OF SERVICES.
Subdivision 1. Availability
of contact person to staff. (a)
Assisted living facilities and assisted living facilities that provide dementia
care must have a registered nurse available for consultation to staff
performing delegated nursing tasks and must have an appropriate licensed health
professional available if performing other delegated services such as
therapies.
(b) The appropriate contact person must
be readily available either in person, by telephone, or by other means to the
staff at times when the staff is providing services.
Subd. 2. Supervision
of staff; basic care services. (a)
Staff who perform basic care services must be supervised periodically where the
services are being provided to verify that the work is being performed
competently and to identify problems and solutions to address issues relating
to the staff's ability to provide the services.
The supervision of the unlicensed personnel must be done by staff of the
facility having the authority, skills, and ability to provide the supervision
of unlicensed personnel and who can implement changes as needed, and train
staff.
(b) Supervision includes direct
observation of unlicensed personnel while the unlicensed personnel are
providing the services and may also include indirect methods of gaining input
such as gathering feedback from the resident.
Supervisory review of staff must be provided at a frequency based on the
staff person's competency and performance.
Subd. 3. Supervision
of staff providing delegated nursing or therapy tasks. (a) Staff who perform delegated
nursing or therapy tasks must be supervised by an appropriate licensed health
professional or a registered nurse per the assisted living facility's policy
where the services are being provided to verify that the work is being
performed competently and to identify problems and solutions related to the
staff person's ability to perform the tasks.
Supervision of staff performing medication or treatment administration
shall be provided by a registered nurse or appropriate licensed health
professional and must include observation of the staff administering the
medication or treatment and the interaction with the resident.
(b) The direct supervision of staff
performing delegated tasks must be provided within 30 days after the date on
which the individual begins working for the facility and first performs the
delegated tasks for residents and thereafter as needed based on performance. This requirement also applies to staff who
have not performed delegated tasks for one year or longer.
Subd. 4. Documentation. A facility must retain documentation
of supervision activities in the personnel records.
Sec. 18. [144I.17]
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, implement, and maintain
current written medication management policies and procedures. The policies and procedures must be developed
under the supervision and direction of a registered nurse, licensed health
professional, or pharmacist consistent with current practice standards and
guidelines.
(c) The written policies and procedures
must address requesting and receiving prescriptions for medications; preparing
and giving medications; verifying that prescription drugs are administered as
prescribed; documenting medication management activities; controlling and
storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and resident
and designated representative, if any; disposing of unused medications; and
educating residents and designated representatives about medications. When controlled substances are being managed,
the policies and procedures must also identify how the provider will ensure
security and accountability for the overall management, control, and
disposition of those substances in compliance with state and federal
regulations and with subdivision 23.
Subd. 2. Provision
of medication management services. (a)
For each resident who requests medication management services, the assisted
living facility shall, prior to providing medication management services, have
a registered nurse, licensed health professional, or authorized prescriber
under section 151.37 conduct an assessment to determine what medication
management services will be provided and how the services will be provided. This assessment must be conducted
face-to-face with the resident. The assessment
must include an identification and review of all medications the resident is
known to be taking. The review and
identification must include indications for medications, side effects,
contraindications, allergic or adverse reactions, and actions to address these
issues.
(b) The assessment must identify
interventions needed in management of medications to prevent diversion of
medication by the resident or others who may have access to the medications and
provide instructions to the resident and designated representative on
interventions to manage the resident's medications and prevent diversion of
medications. For purposes of this
section, "diversion of medication" means misuse, theft, or illegal or
improper disposition of medications.
Subd. 3. Individualized
medication monitoring and reassessment.
The assisted living facility must monitor and reassess the
resident's medication management services as needed under subdivision 2 when
the resident presents with symptoms or other issues that may be medication-related
and, at a minimum, annually.
Subd. 4. Resident
refusal. The assisted living
facility must document in the resident's record any refusal for an assessment
for medication management by the resident.
The assisted living facility must discuss with the resident the possible
consequences of the resident's refusal and document the discussion in the
resident's record.
Subd. 5. Individualized
medication management plan. (a)
For each resident receiving medication management services, the assisted living
facility must prepare and include in the service plan a written statement of
the medication management services that will be provided to the resident. The assisted living facility must develop and
maintain a current individualized medication management record for each
resident based on the resident's assessment that must contain the following:
(1) a statement describing the
medication management services that will be provided;
(2) a description of storage of
medications based on the resident's needs and preferences, risk of diversion,
and consistent with the manufacturer's directions;
(3) documentation of specific resident
instructions relating to the administration of medications;
(4) identification of persons
responsible for monitoring medication supplies and ensuring that medication
refills are ordered on a timely basis;
(5) identification of medication
management tasks that may be delegated to unlicensed personnel;
(6) procedures for staff notifying a
registered nurse or appropriate licensed health professional when a problem
arises with medication management services; and
(7) any resident-specific requirements
relating to documenting medication administration, verifications that all
medications are administered as prescribed, and monitoring of medication use to
prevent possible complications or adverse reactions.
(b) The medication management record
must be current and updated when there are any changes.
(c) Medication reconciliation must be
completed when a licensed nurse, licensed health professional, or authorized
prescriber is providing medication management.
Subd. 6. Administration
of medication. Medications
may be administered by a nurse, physician, or other licensed health
practitioner authorized to administer medications or by unlicensed personnel
who have been delegated medication administration tasks by a registered nurse.
Subd. 7. Delegation
of medication administration. When
administration of medications is delegated to unlicensed personnel, the
assisted living facility must ensure that the registered nurse has:
(1) instructed the unlicensed personnel
in the proper methods to administer the medications, and the unlicensed
personnel has demonstrated the ability to competently follow the procedures;
(2) specified, in writing, specific
instructions for each resident and documented those instructions in the
resident's records; and
(3) communicated with the unlicensed
personnel about the individual needs of the resident.
Subd. 8. Documentation
of administration of medications. Each
medication administered by the assisted living facility staff must be
documented in the resident's record. The
documentation must include the signature and title of the person who
administered the medication. The
documentation must include the medication name, dosage, date and time
administered, and method and route of administration. The staff must document the reason why
medication administration was not completed as prescribed and document any
follow-up procedures that were provided to meet the resident's needs when
medication was not administered as prescribed and in compliance with the
resident's medication management plan.
Subd. 9. Documentation
of medication setup. Documentation
of dates of medication setup, name of medication, quantity of dose, times to be
administered, route of administration, and name of person completing medication
setup must be done at the time of setup.
Subd. 10. Medication
management for residents who will be away from home. (a) An assisted living facility that
is providing medication management services to the resident must develop and
implement policies and procedures for giving accurate and current medications
to residents for planned or unplanned times away from home according to the
resident's individualized medication management plan. The policies and procedures must state that:
(1) for planned time away, the
medications must be obtained from the pharmacy or set up by the licensed nurse
according to appropriate state and federal laws and nursing standards of
practice;
(2) for unplanned time away, when the
pharmacy is not able to provide the medications, a licensed nurse or unlicensed
personnel shall give the resident and designated representative medications in
amounts and dosages needed for the length of the anticipated absence, not to
exceed seven calendar days;
(3) the resident or designated
representative must be provided written information on medications, including
any special instructions for administering or handling the medications, including
controlled substances;
(4) the medications must be placed in a
medication container or containers appropriate to the provider's medication
system and must be labeled with the resident's name and the dates and times
that the medications are scheduled; and
(5) the resident and designated
representative must be provided in writing the facility's name and information
on how to contact the facility.
(b) For unplanned time away when the
licensed nurse is not available, the registered nurse may delegate this task to
unlicensed personnel if:
(1) the registered nurse has trained
the unlicensed staff and determined the unlicensed staff is competent to follow
the procedures for giving medications to residents; and
(2) the registered nurse has developed
written procedures for the unlicensed personnel, including any special
instructions or procedures regarding controlled substances that are prescribed
for the resident. The procedures must
address:
(i) the type of container or containers
to be used for the medications appropriate to the provider's medication system;
(ii) how the container or containers
must be labeled;
(iii) written information about the
medications to be given to the resident or designated representative;
(iv)
how the unlicensed staff must document in the resident's record that
medications have been given to the resident and the designated representative,
including documenting the date the medications were given to the resident or
the designated representative and who received the medications, the person who
gave the medications to the resident, the number of medications that were given
to the resident, and other required information;
(v) how the registered nurse shall be
notified that medications have been given to the resident or designated
representative and whether the registered nurse needs to be contacted before
the medications are given to the resident or the designated representative;
(vi) a review by the registered nurse
of the completion of this task to verify that this task was completed
accurately by the unlicensed personnel; and
(vii) how the unlicensed personnel must
document in the resident's record any unused medications that are returned to
the facility, including the name of each medication and the doses of each
returned medication.
Subd. 11. Prescribed
and nonprescribed medication. The
assisted living facility must determine whether the facility shall require a
prescription for all medications the provider manages. The assisted living facility must inform the
resident or the designated representative whether the facility requires a
prescription for all over‑the‑counter and dietary supplements
before the facility agrees to manage those medications.
Subd. 12. Medications;
over-the-counter drugs; dietary supplements not prescribed. An assisted living facility providing
medication management services for over-the-counter drugs or dietary
supplements must retain those items in the original labeled container with
directions for use prior to setting up for immediate or later administration. The facility must verify that the medications
are up to date and stored as appropriate.
Subd. 13. Prescriptions. There must be a current written or
electronically recorded prescription as defined in section 151.01, subdivision
16a, for all prescribed medications that the assisted living facility is
managing for the resident.
Subd. 14. Renewal
of prescriptions. Prescriptions
must be renewed at least every 12 months or more frequently as indicated by the
assessment in subdivision 2. Prescriptions
for controlled substances must comply with chapter 152.
Subd. 15. Verbal
prescription orders. Verbal
prescription orders from an authorized prescriber must be received by a nurse
or pharmacist. The order must be handled
according to Minnesota Rules, part 6800.6200.
Subd. 16. Written
or electronic prescription. When
a written or electronic prescription is received, it must be communicated to
the registered nurse in charge and recorded or placed in the resident's record.
Subd. 17. Records
confidential. A prescription
or order received verbally, in writing, or electronically must be kept
confidential according to sections 144.291 to 144.298 and 144A.44.
Subd. 18. Medications
provided by resident or family members.
When the assisted living facility is aware of any medications or
dietary supplements that are being used by the resident and are not included in
the assessment for medication management services, the staff must advise the
registered nurse and document that in the resident's record.
Subd. 19. Storage
of medications. An assisted
living facility must store all prescription medications in securely locked and
substantially constructed compartments according to the manufacturer's
directions and permit only authorized personnel to have access.
Subd. 20. Prescription
drugs. A prescription drug,
prior to being set up for immediate or later administration, must be kept in
the original container in which it was dispensed by the pharmacy bearing the
original prescription label with legible information including the expiration
or beyond-use date of a time-dated drug.
Subd. 21. Prohibitions. No prescription drug supply for one
resident may be used or saved for use by anyone other than the resident.
Subd. 22. Disposition
of medications. (a) Any
current medications being managed by the assisted living facility must be given
to the resident or the designated representative when the resident's service
plan ends or medication management services are no longer part of the service
plan. Medications for a resident who is
deceased or that have been discontinued or have expired may be given to the
resident or the designated representative for disposal.
(b) The assisted living facility shall
dispose of any medications remaining with the facility that are discontinued or
expired or upon the termination of the service contract or the resident's death
according to state and federal regulations for disposition of medications and
controlled substances.
(c) Upon disposition, the facility must
document in the resident's record the disposition of the medication including
the medication's name, strength, prescription number as applicable, quantity,
to whom the medications were given, date of disposition, and names of staff and
other individuals involved in the disposition.
Subd. 23. Loss
or spillage. (a) Assisted
living facilities providing medication management must develop and implement
procedures for loss or spillage of all controlled substances defined in
Minnesota Rules, part 6800.4220. These
procedures must require that when a spillage of a controlled substance occurs,
a notation must be made in the resident's record explaining the spillage and
the actions taken. The notation must be
signed by the person responsible for the spillage and include verification that
any contaminated substance was disposed of according to state or federal
regulations.
(b) The procedures must require that the
facility providing medication management investigate any known loss or
unaccounted for prescription drugs and take appropriate action required under
state or federal regulations and document the investigation in required
records.
Sec. 19. [144I.18]
TREATMENT AND THERAPY MANAGEMENT SERVICES.
Subdivision 1. Treatment and therapy management services. This section applies only to assisted living facilities that provide comprehensive assisted living services.
Subd. 2. Policies
and procedures. (a) An
assisted living facility that provides treatment and therapy management
services must develop, implement, and maintain up-to-date written treatment or
therapy management policies and procedures.
The policies and procedures must be developed under the supervision and
direction of a registered nurse or appropriate licensed health professional
consistent with current practice standards and guidelines.
(b) The written policies and procedures
must address requesting and receiving orders or prescriptions for treatments or
therapies, providing the treatment or therapy, documenting treatment or therapy
activities, educating and communicating with residents about treatments or
therapies they are receiving, monitoring and evaluating the treatment or
therapy, and communicating with the prescriber.
Subd. 3. Individualized
treatment or therapy management plan.
For each resident receiving management of ordered or prescribed
treatments or therapy services, the assisted living facility must prepare and
include in the service plan a written statement of the treatment or therapy
services that will be provided to the resident.
The facility must also develop and maintain a current individualized
treatment and therapy management record for each resident which must contain at
least the following:
(1)
a statement of the type of services that will be provided;
(2) documentation of specific resident
instructions relating to the treatments or therapy administration;
(3) identification of treatment or
therapy tasks that will be delegated to unlicensed personnel;
(4) procedures for notifying a
registered nurse or appropriate licensed health professional when a problem
arises with treatments or therapy services; and
(5) any resident-specific requirements
relating to documentation of treatment and therapy received, verification that
all treatment and therapy was administered as prescribed, and monitoring of
treatment or therapy to prevent possible complications or adverse reactions. The treatment or therapy management record
must be current and updated when there are any changes.
Subd. 4. Administration
of treatments and therapy. Ordered
or prescribed treatments or therapies must be administered by a nurse,
physician, or other licensed health professional authorized to perform the
treatment or therapy, or may be delegated or assigned to unlicensed personnel
by the licensed health professional according to the appropriate practice
standards for delegation or assignment. When
administration of a treatment or therapy is delegated or assigned to unlicensed
personnel, the facility must ensure that the registered nurse or authorized
licensed health professional has:
(1) instructed the unlicensed personnel
in the proper methods with respect to each resident and the unlicensed
personnel has demonstrated the ability to competently follow the procedures;
(2) specified, in writing, specific instructions
for each resident and documented those instructions in the resident's record;
and
(3) communicated with the unlicensed
personnel about the individual needs of the resident.
Subd. 5. Documentation
of administration of treatments and therapies. Each treatment or therapy administered
by an assisted living facility must be in the resident's record. The documentation must include the signature
and title of the person who administered the treatment or therapy and must
include the date and time of administration.
When treatment or therapies are not administered as ordered or
prescribed, the provider must document the reason why it was not administered
and any follow-up procedures that were provided to meet the resident's needs.
Subd. 6. Treatment
and therapy orders. There
must be an up-to-date written or electronically recorded order from an
authorized prescriber for all treatments and therapies. The order must contain the name of the
resident, a description of the treatment or therapy to be provided, and the
frequency, duration, and other information needed to administer the treatment
or therapy. Treatment and therapy orders
must be renewed at least every 12 months.
Subd. 7. Right
to outside service provider; other payors.
Under section 144J.02, a resident is free to retain therapy and
treatment services from an off-site service provider. Assisted living facilities must make every
effort to assist residents in obtaining information regarding whether the
Medicare program, the medical assistance program under chapter 256B, or another
public program will pay for any or all of the services.
Sec. 20. [144I.19]
RESIDENT RECORD REQUIREMENTS.
Subdivision 1. Resident
record. (a) The facility 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 authenticated with the name
and title of the person making the entry.
(b)
Resident records, whether written or electronic, must be protected against
loss, tampering, or unauthorized disclosure in compliance with chapter 13 and
other applicable relevant federal and state laws. The facility shall establish and implement
written procedures to control use, storage, and security of resident's records
and establish criteria for release of resident information.
(c) The facility may not disclose to
any other person any personal, financial, or medical information about the
resident, except:
(1) as may be required by law;
(2) to employees or contractors of the
facility, another facility, other health care practitioner or provider, or
inpatient facility needing information in order to provide services to the
resident, but only the information that is necessary for the provision of
services;
(3) to persons authorized in writing by
the resident or the resident's representative to receive the information,
including third-party payers; and
(4) to representatives of the
commissioner authorized to survey or investigate facilities under this chapter
or federal laws.
Subd. 2. Access
to records. The facility must
ensure that the appropriate records are readily available to employees and
contractors authorized to access the records.
Resident records must be maintained in a manner that allows for timely access,
printing, or transmission of the records.
The records must be made readily available to the commissioner upon
request.
Subd. 3. Contents
of resident record. Contents
of a resident record include the following for each resident:
(1) identifying information, including
the resident's name, date of birth, address, and telephone number;
(2) the name, address, and telephone
number of an emergency contact, family members, designated representative, if
any, or others as identified;
(3) names, addresses, and telephone
numbers of the resident's health and medical service providers, if known;
(4) health information, including
medical history, allergies, and when the provider is managing medications,
treatments or therapies that require documentation, and other relevant health
records;
(5) the resident's advance directives,
if any;
(6) copies of any health care
directives, guardianships, powers of attorney, or conservatorships;
(7) the facility's current and previous
assessments and service plans;
(8) all records of communications
pertinent to the resident's services;
(9) documentation of significant
changes in the resident's status and actions taken in response to the needs of
the resident, including reporting to the appropriate supervisor or health care
professional;
(10) documentation of incidents
involving the resident and actions taken in response to the needs of the
resident, including reporting to the appropriate supervisor or health care
professional;
(11)
documentation that services have been provided as identified in the service
plan;
(12) documentation that the resident
has received and reviewed the assisted living bill of rights;
(13) documentation of complaints
received and any resolution;
(14) a discharge summary, including
service termination notice and related documentation, when applicable; and
(15) other documentation required under
this chapter and relevant to the resident's services or status.
Subd. 4. Transfer
of resident records. If a
resident transfers to another facility or another health care practitioner or
provider, or is admitted to an inpatient facility, the facility, upon request
of the resident or the resident's representative, shall take steps to ensure a
coordinated transfer including sending a copy or summary of the resident's
record to the new facility or the resident, as appropriate.
Subd. 5. Record
retention. Following the
resident's discharge or termination of services, a facility must retain a
resident's record for at least five years or as otherwise required by state or
federal regulations. Arrangements must
be made for secure storage and retrieval of resident records if the facility
ceases to operate.
Sec. 21. [144I.20]
ORIENTATION AND ANNUAL TRAINING REQUIREMENTS.
Subdivision 1. Orientation
of staff and supervisors. All
staff providing and supervising direct services must complete an orientation to
facility licensing requirements and regulations before providing services to
residents. The orientation may be
incorporated into the training required under subdivision 6. The orientation need only be completed once
for each staff person and is not transferable to another facility.
Subd. 2. Content. (a) The orientation must contain the
following topics:
(1) an overview of this chapter;
(2) an introduction and review of the
facility's policies and procedures related to the provision of assisted living
services by the individual staff person;
(3) handling of emergencies and use of
emergency services;
(4) compliance with and reporting of
the maltreatment of vulnerable adults under section 626.557, including
information on the Minnesota Adult Abuse Reporting Center;
(5) assisted living bill of rights
under section 144J.02;
(6) protection-related rights under
section 144I.10, subdivision 8, and staff responsibilities related to ensuring
the exercise and protection of those rights;
(7) the principles of person-centered
service planning and delivery and how they apply to direct support services
provided by the staff person;
(8) handling of residents' complaints,
reporting of complaints, and where to report complaints, including information
on the Office of Health Facility Complaints;
(9)
consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed
Care Ombudsman at the Department of Human Services, county-managed care
advocates, or other relevant advocacy services; and
(10) a review of the types of assisted
living services the employee will be providing and the facility's category of
licensure.
(b) In addition to the topics in
paragraph (a), orientation may also contain training on providing services to
residents with hearing loss. Any
training on hearing loss provided under this subdivision must be high quality
and research based, may include online training, and must include training on
one or more of the following topics:
(1) an explanation of age-related
hearing loss and how it manifests itself, its prevalence, and the challenges it
poses to communication;
(2) health impacts related to untreated
age-related hearing loss, such as increased incidence of dementia, falls,
hospitalizations, isolation, and depression; or
(3) information about strategies and
technology that may enhance communication and involvement, including
communication strategies, assistive listening devices, hearing aids, visual and
tactile alerting devices, communication access in real time, and closed
captions.
Subd. 3. Verification
and documentation of orientation. Each
facility shall retain evidence in the employee record of each staff person
having completed the orientation required by this section.
Subd. 4. Orientation
to resident. Staff providing
services must be oriented specifically to each individual resident and the
services to be provided. This
orientation may be provided in person, orally, in writing, or electronically.
Subd. 5. Training
required relating to dementia. All
direct care staff and supervisors providing direct services must receive
training that includes a current explanation of Alzheimer's disease and related
disorders, effective approaches to use to problem solve when working with a
resident's challenging behaviors, and how to communicate with residents who
have dementia or related memory disorders.
Subd. 6. Required
annual training. (a) All
staff that perform direct services must complete at least eight hours of annual
training for each 12 months of employment.
The training may be obtained from the facility or another source and
must include topics relevant to the provision of assisted living services. The annual training must include:
(1) training on reporting of
maltreatment of vulnerable adults under section 626.557;
(2) review of the assisted living bill
of rights in section 144J.02;
(3) review of infection control
techniques used in the home and implementation of infection control standards
including a review of hand washing techniques; the need for and use of
protective gloves, gowns, and masks; appropriate disposal of contaminated
materials and equipment, such as dressings, needles, syringes, and razor
blades; disinfecting reusable equipment; disinfecting environmental surfaces;
and reporting communicable diseases;
(4) effective approaches to use to
problem solve when working with a resident's challenging behaviors, and how to
communicate with residents who have Alzheimer's disease or related disorders;
(5)
review of the facility's policies and procedures relating to the provision of
assisted living services and how to implement those policies and procedures;
(6) review of protection-related rights
as stated in section 144I.10, subdivision 8, and staff responsibilities related
to ensuring the exercise and protection of those rights; and
(7) the principles of person-centered
service planning and delivery and how they apply to direct support services
provided by the staff person.
(b) In addition to the topics in
paragraph (a), annual training may also contain training on providing services
to residents with hearing loss. Any
training on hearing loss provided under this subdivision must be high quality
and research based, may include online training, and must include training on
one or more of the following topics:
(1) an explanation of age-related
hearing loss and how it manifests itself, its prevalence, and challenges it
poses to communication;
(2) the health impacts related to
untreated age-related hearing loss, such as increased incidence of dementia,
falls, hospitalizations, isolation, and depression; or
(3) information about strategies and
technology that may enhance communication and involvement, including
communication strategies, assistive listening devices, hearing aids, visual and
tactile alerting devices, communication access in real time, and closed
captions.
Subd. 7. Documentation. A facility must retain documentation
in the employee records of staff who have satisfied the orientation and
training requirements of this section.
Subd. 8. Implementation. A facility must implement all
orientation and training topics covered in this section.
Sec. 22. [144I.21]
TRAINING IN DEMENTIA CARE REQUIRED.
(a) Assisted living facilities and
assisted living facilities with dementia care must meet the following training
requirements:
(1) supervisors of direct-care staff
must have at least eight hours of initial training on topics specified under
paragraph (b) within 120 working hours of the employment start date, and must
have at least two hours of training on topics related to dementia care for each
12 months of employment thereafter;
(2) direct-care employees must have
completed at least eight hours of initial training on topics specified under
paragraph (b) within 160 working hours of the employment start date. Until this initial training is complete, an
employee must not provide direct care unless there is another employee on site
who has completed the initial eight hours of training on topics related to
dementia care and who can act as a resource and assist if issues arise. A trainer of the requirements under paragraph
(b) or a supervisor meeting the requirements in clause (1) must be available
for consultation with the new employee until the training requirement is
complete. Direct-care employees must
have at least two hours of training on topics related to dementia for each 12
months of employment thereafter;
(3) staff who do not provide direct
care, including maintenance, housekeeping, and food service staff, must have at
least four hours of initial training on topics specified under paragraph (b)
within 160 working hours of the employment start date, and must have at least
two hours of training on topics related to dementia care for each 12 months
of employment thereafter; and
(4)
new employees may satisfy the initial training requirements by producing
written proof of previously completed required training within the past 18
months.
(b) Areas of required training include:
(1) an explanation of Alzheimer's
disease and related disorders;
(2) assistance with activities of daily
living;
(3) problem solving with challenging
behaviors; and
(4) communication skills.
(c) The facility shall provide to
consumers in written or electronic form a description of the training program,
the categories of employees trained, the frequency of training, and the basic
topics covered.
Sec. 23. [144I.22]
CONTROLLING INDIVIDUAL RESTRICTIONS.
Subdivision 1. Restrictions. The controlling individual of a
facility may not include any person who was a controlling individual of any
other nursing home, assisted living facility, or assisted living facility with
dementia care during any period of time in the previous two-year period:
(1) during which time of control the
nursing home, assisted living facility, or assisted living facility with
dementia care incurred the following number of uncorrected or repeated
violations:
(i) two or more uncorrected violations
or one or more repeated violations that created an imminent risk to direct
resident care or safety; or
(ii) four or more uncorrected
violations or two or more repeated violations of any nature, including Level 2,
Level 3, and Level 4 violations as defined in section 144I.31; or
(2) who, during that period, was
convicted of a felony or gross misdemeanor that relates to the operation of the
nursing home, assisted living facility, or assisted living facility with
dementia care, or directly affects resident safety or care.
Subd. 2. Exception. Subdivision 1 does not apply to any
controlling individual of the facility who had no legal authority to affect or
change decisions related to the operation of the nursing home, assisted living
facility, or assisted living facility with dementia care that incurred the
uncorrected violations.
Subd. 3. Stay
of adverse action required by controlling individual restrictions. (a) In lieu of revoking, suspending,
or refusing to renew the license of a facility where a controlling individual
was disqualified by subdivision 1, clause (1), the commissioner may issue an
order staying the revocation, suspension, or nonrenewal of the facility's
license. The order may but need not be
contingent upon the facility's compliance with restrictions and conditions
imposed on the license to ensure the proper operation of the facility and to
protect the health, safety, comfort, treatment, and well-being of the residents
in the facility. The decision to issue
an order for a stay must be made within 90 days of the commissioner's
determination that a controlling individual of the facility is disqualified by
subdivision 1, clause (1), from operating a facility.
(b) In determining whether to issue a
stay and to impose conditions and restrictions, the commissioner must consider
the following factors:
(1)
the ability of the controlling individual to operate other facilities in
accordance with the licensure rules and laws;
(2) the conditions in the nursing home,
assisted living facility, or assisted living facility with dementia care that
received the number and type of uncorrected or repeated violations described in
subdivision 1, clause (1); and
(3) the conditions and compliance
history of each of the nursing homes, assisted living facilities, and assisted
living facilities with dementia care owned or operated by the controlling
individuals.
(c) The commissioner's decision to
exercise the authority under this subdivision in lieu of revoking, suspending,
or refusing to renew the license of the facility is not subject to
administrative or judicial review.
(d) The order for the stay of
revocation, suspension, or nonrenewal of the facility license must include any
conditions and restrictions on the license that the commissioner deems
necessary based on the factors listed in paragraph (b).
(e) Prior to issuing an order for stay
of revocation, suspension, or nonrenewal, the commissioner shall inform the
controlling individual in writing of any conditions and restrictions that will
be imposed. The controlling individual
shall, within ten working days, notify the commissioner in writing of a
decision to accept or reject the conditions and restrictions. If the facility rejects any of the conditions
and restrictions, the commissioner must either modify the conditions and
restrictions or take action to suspend, revoke, or not renew the facility's
license.
(f) Upon issuance of the order for a
stay of revocation, suspension, or nonrenewal, the controlling individual shall
be responsible for compliance with the conditions and restrictions. Any time after the conditions and
restrictions have been in place for 180 days, the controlling individual may
petition the commissioner for removal or modification of the conditions and
restrictions. The commissioner must
respond to the petition within 30 days of receipt of the written petition. If the commissioner denies the petition, the
controlling individual may request a hearing under the provisions of chapter 14. Any hearing shall be limited to a
determination of whether the conditions and restrictions shall be modified or
removed. At the hearing, the controlling
individual bears the burden of proof.
(g) The failure of the controlling individual
to comply with the conditions and restrictions contained in the order for stay
shall result in the immediate removal of the stay and the commissioner shall
take action to suspend, revoke, or not renew the license.
(h) The conditions and restrictions are
effective for two years after the date they are imposed.
(i) Nothing in this subdivision shall
be construed to limit in any way the commissioner's ability to impose other
sanctions against a facility licensee under the standards in state or federal law
whether or not a stay of revocation, suspension, or nonrenewal is issued.
Sec. 24. [144I.23]
MANAGEMENT AGREEMENTS; GENERAL REQUIREMENTS.
Subdivision 1. Notification. (a) If the proposed or current
licensee uses a manager, the licensee must have a written management agreement
that is consistent with this chapter.
(b) The proposed or current licensee
must notify the commissioner of its use of a manager upon:
(1) initial application for a license;
(2) retention of a manager following
initial application;
(3)
change of managers; and
(4) modification of an existing
management agreement.
(c) The proposed or current licensee
must provide to the commissioner a written management agreement, including an
organizational chart showing the relationship between the proposed or current
licensee, management company, and all related organizations.
(d) The written management agreement
must be submitted:
(1) 60 days before:
(i) the initial licensure date;
(ii) the proposed change of ownership
date; or
(iii) the effective date of the
management agreement; or
(2) 30 days before the effective date
of any amendment to an existing management agreement.
(e) The proposed licensee or the
current licensee must notify the residents and their representatives 60 days before
entering into a new management agreement.
(f) A proposed licensee must submit a
management agreement.
Subd. 2. Management
agreement; licensee. (a) The
licensee is legally responsible for:
(1) the daily operations and provisions
of services in the facility;
(2) ensuring the facility is operated
in a manner consistent with all applicable laws and rules;
(3) ensuring the manager acts in
conformance with the management agreement; and
(4) ensuring the manager does not
present as, or give the appearance that the manager is the licensee.
(b) The licensee must not give the
manager responsibilities that are so extensive that the licensee is relieved of
daily responsibility for the daily operations and provision of services in the
assisted living facility. If the
licensee does so, the commissioner must determine that a change of ownership
has occurred.
(c) The licensee and manager must act
in accordance with the terms of the management agreement. If the commissioner determines they are not,
then the department may impose enforcement remedies.
(d) The licensee may enter into a
management agreement only if the management agreement creates a principal/agent
relationship between the licensee and manager.
(e) The manager shall not subcontract
the manager's responsibilities to a third party.
Subd. 3. Terms
of agreement. A management
agreement at a minimum must:
(1) describe the responsibilities of
the licensee and manager, including items, services, and activities to be
provided;
(2)
require the licensee's governing body, board of directors, or similar authority
to appoint the administrator;
(3)
provide for the maintenance and retention of all records in accordance with
this chapter and other applicable laws;
(4) allow unlimited access by the commissioner
to documentation and records according to applicable laws or regulations;
(5) require the manager to immediately
send copies of inspections and notices of noncompliance to the licensee;
(6) state that the licensee is
responsible for reviewing, acknowledging, and signing all facility initial and
renewal license applications;
(7) state that the manager and licensee
shall review the management agreement annually and notify the commissioner of
any change according to applicable regulations;
(8) acknowledge that the licensee is
the party responsible for complying with all laws and rules applicable to the
facility;
(9) require the licensee to maintain
ultimate responsibility over personnel issues relating to the operation of the
facility and care of the residents including but not limited to staffing plans,
hiring, and performance management of employees, orientation, and training;
(10) state the manager will not present
as, or give the appearance that the manager is the licensee; and
(11) state that a duly authorized
manager may execute resident leases or agreements on behalf of the licensee,
but all such resident leases or agreements must be between the licensee and the
resident.
Subd. 4. Commissioner
review. The commissioner may
review a management agreement at any time.
Following the review, the department may require:
(1) the proposed or current licensee or
manager to provide additional information or clarification;
(2) any changes necessary to:
(i) bring the management agreement into
compliance with this chapter; and
(ii) ensure that the licensee has not
been relieved of the legal responsibility for the daily operations of the
facility; and
(3) the licensee to participate in
monthly meetings and quarterly on-site visits to the facility.
Subd. 5. Resident
funds. (a) If the management
agreement delegates day-to-day management of resident funds to the manager, the
licensee:
(1) retains all fiduciary and custodial
responsibility for funds that have been deposited with the facility by the
resident;
(2) is directly accountable to the
resident for such funds; and
(3)
must ensure any party responsible for holding or managing residents' personal
funds is bonded or obtains insurance in sufficient amounts to specifically
cover losses of resident funds and provides proof of bond or insurance.
(b) If responsibilities for the
day-to-day management of the resident funds are delegated to the manager, the
manager must:
(1) provide the licensee with a monthly
accounting of the resident funds; and
(2) meet all legal requirements related
to holding and accounting for resident funds.
Sec. 25. [144I.24]
MINIMUM SITE, PHYSICAL ENVIRONMENT, AND FIRE SAFETY REQUIREMENTS.
Subdivision 1. Requirements. (a) Effective August 1, 2021, the
following are required for all assisted living facilities and assisted living
facilities with dementia care:
(1) public utilities must be available,
and working or inspected and approved water and septic systems are in place;
(2) the location is publicly accessible
to fire department services and emergency medical services;
(3) the location's topography provides
sufficient natural drainage and is not subject to flooding;
(4) all-weather roads and walks must be provided within the lot lines to the primary entrance and the service entrance, including employees' and visitors' parking at the site; and
(5) the location must include space for
outdoor activities for residents.
(b) An assisted living facility with a
dementia care unit must also meet the following requirements:
(1) a hazard vulnerability assessment
or safety risk must be performed on and around the property. The hazards indicated on the assessment must
be assessed and mitigated to protect the residents from harm; and
(2)
the facility shall be protected throughout by an approved supervised automatic
sprinkler system by August 1, 2029.
Subd. 2. Fire
protection and physical environment.
(a) Effective December 31, 2019, each assisted living facility
and assisted living facility with dementia care must have a comprehensive fire
protection system that includes:
(1) protection throughout by an
approved supervised automatic sprinkler system according to building code
requirements established in Minnesota Rules, part 1305.0903, or smoke detectors
in each occupied room installed and maintained in accordance with the National
Fire Protection Association (NFPA) Standard 72;
(2) portable fire extinguishers
installed and tested in accordance with the NFPA Standard 10; and
(3) the physical environment, including
walls, floors, ceiling, all furnishings, grounds, systems, and equipment must
be kept in a continuous state of good repair and operation with regard to the
health, safety, comfort, and well‑being of the residents in accordance
with a maintenance and repair program.
(b) Beginning August 1, 2021, fire
drills shall be conducted in accordance with the residential board and care
requirements in the Life Safety Code.
Subd. 3. Local
laws apply. Assisted living
facilities shall comply with all applicable state and local governing laws,
regulations, standards, ordinances, and codes for fire safety, building, and
zoning requirements.
Subd. 4. Assisted
living facilities; design. (a)
After July 31, 2021, all assisted living facilities with six or more residents
must meet the provisions relevant to assisted living facilities of the most
current edition of the Facility Guidelines Institute "Guidelines for
Design and Construction of Residential Health, Care and Support
Facilities" and of adopted rules. This
minimum design standard shall be met for all new licenses, new construction,
modifications, renovations, alterations, change of use, or additions. In addition to the guidelines, assisted
living facilities, and assisted living facilities with dementia care shall
provide the option of a bath in addition to a shower for all residents.
(b) The commissioner shall establish an
implementation timeline for mandatory usage of the latest published guidelines. However, the commissioner shall not enforce
the latest published guidelines before six months after the date of
publication.
Subd. 5. Assisted
living facilities; life safety code.
(a) After August 1, 2021, all assisted living facilities with six
or more residents shall meet the applicable provisions of the most current
edition of the NFPA Standard 101, Life Safety Code, Residential Board and Care
Occupancies chapter. This minimum design
standard shall be met for all new licenses, new construction, modifications,
renovations, alterations, change of use, or additions.
(b) The commissioner shall establish an
implementation timeline for mandatory usage of the latest published Life Safety
Code. However, the commissioner shall
not enforce the latest published guidelines before six months after the date of
publication.
Subd. 6. Assisted
living facilities with dementia care units; life safety code. (a) Beginning August 1, 2021, all
assisted living facilities with dementia care units shall meet the applicable
provisions of the most current edition of the NFPA Standard 101, Life Safety
Code, Healthcare (limited care) chapter.
This minimum design standard shall be met for all new licenses, new
construction, modifications, renovations, alterations, change of use or
additions.
(b) The commissioner shall establish an
implementation timeline for mandatory usage of the newest-published Life Safety
Code. However, the commissioner shall
not enforce the newly-published guidelines before 6 months after the date of
publication.
Subd. 7. New
construction; plans. (a) For
all new licensure and construction beginning on or after August 1, 2021, the
following must be provided to the commissioner:
(1) architectural and engineering plans
and specifications for new construction must be prepared and signed by
architects and engineers who are registered in Minnesota. Final working drawings and specifications for
proposed construction must be submitted to the commissioner for review and
approval;
(2) final architectural plans and
specifications must include elevations and sections through the building
showing types of construction, and must indicate dimensions and assignments of
rooms and areas, room finishes, door types and hardware, elevations and details
of nurses' work areas, utility rooms, toilet and bathing areas, and large-scale
layouts of dietary and laundry areas. Plans
must show the location of fixed equipment and sections and details of
elevators, chutes, and other conveying systems.
Fire walls and smoke partitions must be indicated. The roof plan must show all mechanical installations. The site plan must indicate the proposed and
existing buildings, topography, roadways, walks and utility service lines; and
(3)
final mechanical and electrical plans and specifications must address the
complete layout and type of all installations, systems, and equipment to be
provided. Heating plans must include
heating elements, piping, thermostatic controls, pumps, tanks, heat exchangers,
boilers, breeching and accessories. Ventilation
plans must include room air quantities, ducts, fire and smoke dampers, exhaust
fans, humidifiers, and air handling units.
Plumbing plans must include the fixtures and equipment fixture schedule;
water supply and circulating piping, pumps, tanks, riser diagrams, and building
drains; the size, location, and elevation of water and sewer services; and the
building fire protection systems. Electrical
plans must include fixtures and equipment, receptacles, switches, power
outlets, circuits, power and light panels, transformers, and service feeders. Plans must show location of nurse call
signals, cable lines, fire alarm stations, and fire detectors and emergency
lighting.
(b) Unless construction is begun within
one year after approval of the final working drawing and specifications, the
drawings must be resubmitted for review and approval.
(c) The commissioner must be notified
within 30 days before completion of construction so that the commissioner can
make arrangements for a final inspection by the commissioner.
(d) At least one set of complete life safety
plans, including changes resulting from remodeling or alterations, must be kept
on file in the facility.
Subd. 8. Variances
or waivers. (a) A facility
may request that the commissioner grant a variance or waiver from the
provisions of this section. A request
for a waiver must be submitted to the commissioner in writing. Each request must contain:
(1) the specific requirement for which
the variance or waiver is requested;
(2) the reasons for the request;
(3) the alternative measures that will
be taken if a variance or waiver is granted;
(4) the length of time for which the
variance or waiver is requested; and
(5) other relevant information deemed
necessary by the commissioner to properly evaluate the request for the waiver.
(b) The decision to grant or deny a
variance or waiver must be based on the commissioner's evaluation of the
following criteria:
(1) whether the waiver will adversely
affect the health, treatment, comfort, safety, or well-being of a patient;
(2) whether the alternative measures to
be taken, if any, are equivalent to or superior to those prescribed in this
section; and
(3) whether compliance with the
requirements would impose an undue burden on the applicant.
(c) The commissioner must notify the
applicant in writing of the decision. If
a variance or waiver is granted, the notification must specify the period of
time for which the variance or waiver is effective and the alternative measures
or conditions, if any, to be met by the applicant.
(d) Alternative measures or conditions
attached to a variance or waiver have the force and effect of this chapter and
are subject to the issuance of correction orders and fines in accordance with
sections 144I.30, subdivision 7, and 144I.31.
The amount of fines for a violation of this section is that specified
for the specific requirement for which the variance or waiver was requested.
(e)
A request for the renewal of a variance or waiver must be submitted in writing
at least 45 days before its expiration date.
Renewal requests must contain the information specified in paragraph (b). A variance or waiver must be renewed by the
department if the applicant continues to satisfy the criteria in paragraph (a)
and demonstrates compliance with the alternative measures or conditions imposed
at the time the original variance or waiver was granted.
(f) The department must deny, revoke, or refuse to renew a variance or waiver if it is determined that the criteria in paragraph (a) are not met. The applicant must be notified in writing of the reasons for the decision and informed of the right to appeal the decision.
(g) An applicant may contest the
denial, revocation, or refusal to renew a variance or waiver by requesting a
contested case hearing under chapter 14.
The applicant must submit, within 15 days of the receipt of the
department's decision, a written request for a hearing. The request for hearing must set forth in
detail the reasons why the applicant contends the decision of the department
should be reversed or modified. At the
hearing, the applicant has the burden of proving by a preponderance of the
evidence that the applicant satisfied the criteria specified in paragraph (b),
except in a proceeding challenging the revocation of a variance or waiver.
Sec. 26. [144I.25]
RESIDENCY AND SERVICES CONTRACT REQUIREMENTS.
Subdivision 1. Contract
required. (a) An assisted
living facility or assisted living facility with dementia care may not offer or
provide housing or services to a resident unless it has executed a written
contract with the resident.
(b) The contract must:
(1) be signed by both:
(i) the resident or the designated
representative; and
(ii) the licensee or an agent of the
facility; and
(2) contain all the terms concerning
the provision of:
(i) housing; and
(ii) services, whether provided
directly by the facility or by management agreement.
(c) A facility must:
(1) offer to prospective residents and
provide to the Office of Ombudsman for Long-Term Care a complete unsigned copy
of its contract; and
(2) give a complete copy of any signed
contract and any addendums, and all supporting documents and attachments, to
the resident or the designated representative promptly after a contract and any
addendum has been signed by the resident or the designated representative.
(d) A contract under this section is a
consumer contract under sections 325G.29 to 325G.37.
(e) Before or at the time of execution
of the contract, the facility must offer the resident the opportunity to
identify a designated or resident representative or both in writing in the
contract. The contract must contain a
page or space for the name and contact information of the designated or
resident representative or both and a box the
resident
must initial if the resident declines to name a designated or resident
representative. Notwithstanding
paragraph (f), the resident has the right at any time to rescind the
declination or add or change the name and contact information of the designated
or resident representative.
(f) The resident must agree in writing
to any additions or amendments to the contract.
Upon agreement between the resident or resident's designated
representative and the facility, a new contract or an addendum to the existing
contract must be executed and signed.
Subd. 2. Contents
and contract; contact information. (a)
The contract must include in a conspicuous place and manner on the contract the
legal name and the license number of the facility.
(b) The contract must include the name,
telephone number, and physical mailing address, which may not be a public or
private post office box, of:
(1) the facility and contracted service
provider when applicable;
(2) the licensee of the facility;
(3) the managing agent of the facility,
if applicable; and
(4) at least one natural person who is
authorized to accept service of process on behalf of the facility.
(c) The contract must include:
(1) a description of all the terms and
conditions of the contract, including a description of and any limitations to
the housing and/or services to be provided for the contracted amount;
(2) a delineation of the cost and
nature of any other services to be provided for an additional fee;
(3) a delineation and description of
any additional fees the resident may be required to pay if the resident's
condition changes during the term of the contract;
(4) a delineation of the grounds under
which the resident may be discharged, evicted, or transferred or have services
terminated; and
(5) billing and payment procedures and
requirements.
(d) The contract must include a
description of the facility's complaint resolution process available to
residents, including the name and contact information of the person
representing the facility who is designated to handle and resolve complaints.
(e) The contract must include a clear
and conspicuous notice of:
(1) the right under section 144J.09 to
challenge a discharge, eviction, or transfer or service termination;
(2) the facility's policy regarding
transfer of residents within the facility, under what circumstances a transfer
may occur, and whether or not consent of the resident being asked to transfer
is required;
(3) contact information for the Office
of Ombudsman for Long-Term Care, the Ombudsman for Mental Health and
Developmental Disabilities, and the Office of Health Facility Complaints;
(4)
the resident's right to obtain services from an unaffiliated service provider;
(5) a description of the assisted
living facility's policies related to medical assistance waivers under sections
256B.0915 and 256B.49, including:
(i) whether the provider is enrolled
with the commissioner of human services to provide customized living services
under medical assistance waivers;
(ii) whether there is a limit on the
number of people residing at the assisted living facility who can receive
customized living services at any point in time. If so, the limit must be provided;
(iii) whether the assisted living
facility requires a resident to pay privately for a period of time prior to
accepting payment under medical assistance waivers, and if so, the length of
time that private payment is required;
(iv) a statement that medical
assistance waivers provide payment for services, but do not cover the cost of
rent;
(v) a statement that residents may be
eligible for assistance with rent through the housing support program; and
(vi) a description of the rent requirements for people who are eligible for medical assistance waivers but who are not eligible for assistance through the housing support program;
(6) the contact information to obtain
long-term care consulting services under section 256B.0911; and
(7) the toll-free phone number for the
Minnesota Adult Abuse Reporting Center.
(f) The contract must include a
description of the facility's complaint resolution process available to
residents, including the name and contact information of the person
representing the facility who is designated to handle and resolve complaints.
Subd. 3. Additional
contract requirements. (a)
Assisted living facility and assisted living facility with dementia care
contracts must include the requirements in paragraph (b). A restriction of a resident's rights under
this subdivision is allowed only if determined necessary for health and safety
reasons identified by the facility's registered nurse in an initial assessment
or reassessment, under section 144I.15, subdivision 9, and documented in the
written service plan under section 144I.15, subdivision 10. Any restrictions of those rights for
individuals served under sections 256B.0915 and 256B.49 must be documented in
the resident's coordinated service and support plan (CSSP), as defined under
sections 256B.0915, subdivision 6, and 256B.49, subdivision 15.
(b) The contract must include a
statement:
(1) regarding the ability of a resident
to furnish and decorate the resident's unit within the terms of the lease;
(2) regarding the resident's right to
access food at any time;