Assisted Living Bill of Rights Required Notices

Posted on August 11, 2022 by Bobbie Guidry

Assisted living providers must issue a new version of the Assisted Living Bill of Rights (144G.91) to all residents and obtain a written acknowledgment of its receipt. The update is necessary because the Minnesota Legislature adopted several changes to the Assisted Living Bill of Rights earlier this year.

While the Minnesota Department of Health (MDH) has posted an updated version of the Assisted Living Bill of Rights, it does not include the two notices found in 144G.90 required to accompany the Bill of Rights. In a conversation this week with MDH, the department shared that the posted version was placed primarily for consumer access. While providers can print and use that version, they will also need to provide the required notices found in 144G.90.

Notice 1: How to File a Complaint

In addition to the text of the Assisted Living Bill of Rights in section 144G.91, the statute requires the notice shall also contain the following statement describing how to file a complaint or report suspected abuse: "If you want to report suspected abuse, neglect, or financial exploitation, you may contact the Minnesota Adult Abuse Reporting Center (MAARC). 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."

The statement must include contact information for the Minnesota Adult Abuse Reporting Center and the telephone number, website address, e-mail 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, e-mail, 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.

Notice 2: Information Regarding the Ombudsmen

For any notice to a resident, legal representative, or designated representative provided under this chapter or Minnesota Rules, chapter 4659, that is required to include information regarding the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities, the notice must contain the following language: "You may contact the Ombudsman for Long-Term Care for questions about your rights as an assisted living facility resident and to request advocacy services. As an assisted living facility resident, you may contact the Ombudsman for Mental Health and Developmental Disabilities to request advocacy regarding your rights, concerns, or questions on issues relating to services for mental health, developmental disabilities, or chemical dependency."

Please note the two clauses that are in quotations which should be shared verbatim with the Assisted Living Bill of Rights.

Get the Assisted Living Bill of Rights with Notices

We have posted a copy of the Assisted Living Bill of Rights with the required notices on our website for members. We also have printed copies available for purchase.