Assisted Living Licensure Rules Report Update

Posted on April 21, 2021 by Kari Thurlow

The Minnesota Department of Health (MDH) has filed a response to modify the Proposed Rules Governing Assisted Living Facilities, requesting that the judge review and approve the rule in its entirety with its suggested modifications.

On March 29, Administrative Law Judge (ALJ) Ann O’Reilly approved and disapproved portions of the rule in her Report on the assisted living licensure Rule, and Chief Judge Jenny Starr concurred with ALJ O’Reilly a few days later. MDH was tasked with responding to the ALJ with modifications to proceed through the rulemaking process. For more information on the Report, read last week’s edition of Advantage.

The proposed modifications do not render the rule substantially different. MDH has agreed to make the changes the ALJ indicated were necessary for approval of the disapproved portions. Additionally, MDH has asked that Chief ALJ Starr reconsider her disapproval of the termination hearing process.

We anticipate the ALJ will issue an approval by this time next week. We encourage you to look for additional analysis in next week’s edition of Advantage.