Legislative Changes Impact Assisted Living Providers

Posted on May 26, 2022 by Bobbie Guidry

The 2022 legislative session in Minnesota has come to a close. Although our advocacy for funding to support assisted living providers continues, the Minnesota Legislature passed several policy changes affecting assisted living providers.

Some changes reflect advocacy by LeadingAge Minnesota and the Long-term Care Imperative. Here is a snapshot of changes made in a Health and Human Services Policy Bill passed on the final day of the legislative session:

• Removes that the placement and use of an electronic monitoring device must be “by a resident;”
• Modifies the membership and responsibilities of the Home Care and Assisted Living Advisory Council to conform with the representation of assisted living facilities;
• Specifies that fines collected from assisted living providers would be appropriated for special projects to improve resident care and outcomes in assisted living facilities;
• Adds a requirement that a provider must have provided assisted living services to at least one resident during the preceding year to renew a license;
• Adds that a change of licensee will not require the facility to meet the design requirements of 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3;
• Adds the Office of Ombudsman for Mental Health and Developmental Disabilities to several sections;
• Expands review of the history of compliance in additional provider categories and additional states and allows restrictions for non-compliance and certain convictions;
• Specifies language for fines, including moving from “per incident” to “per violation” and regarding maltreatment violations adding “per incident” language;
• Adds a requirement to post for grievances and reporting maltreatment, stating that if an individual has a complaint about the facility or person providing services, the individual may contact the Office of Health Facility Complaints at the Minnesota Department of Health;
• Changes the requirement for the option of a bath for existing construction;
• Adds "assisted living" to 144G.70, subdivision 2 related to residents who are not receiving any "assisted living" services shall not be required to undergo an initial nursing assessment;
• Changes demonstrated capacity requirements for those seeking an ALDC license;
• Changes the preamble statement to the Assisted Living Bill of Rights;
• Adds a section to 144G.90 requiring specific language regarding Ombudsman services to any notice requiring the inclusion of information on the Ombudsman offices;
• Changes the "long-term care consultation" to "long-term care options counseling for assisted living" and applies the requirement to assisted living facilities rather than housing with services establishments;
• Adjusts customized living disproportionate share language to require at least 83.5% of residents of a facility receiving customized living services with at least 70% or the customized living residents being elderly waiver participants – allowing for the other 30% to be receiving disability waivers; and
• Expands the Home and Community Based Scholarship Program to cover LALD training.

Most changes take effect on Aug. 1. LeadingAge Minnesota staff are reviewing the final bill language and will issue a detailed report in the coming weeks.

Watch for the development of resources from LeadingAge Minnesota to assist you in incorporating these changes.