Licensed Assisted Living Director Rules Published

Posted on December 2, 2020 by Bobbie Guidry

The Minnesota Board of Executives for Long Term Services and Supports (BELTSS) has published the draft rules for the licensure of assisted living directors and has reached the hearing process. Included in the draft rules (pages 515-539) are requirements for licensure, courses, the director in residence requirements, course provider program review and continuing education. The draft rules and Statement of Need and Reasonableness (SONAR) for the Licensed Assisted Living Directors (LALDs) can be accessed on the BELTSS website.

This is the next stage in finalizing rules that will govern LALDs. Every licensed assisted living or assisted living with dementia care will be required to have an LALD on Aug. 1, 2021.

During the 30-day comment period, the public has the opportunity to provide input. Then, an administrative law judge will review the draft rule, the SONAR and any formal comments that have been submitted.

While there is an opportunity for the public to request a contested case hearing instead of a judicial review, we do not anticipate that will happen since the rulemaking process conducted by BELTSS has been open and collaborative. Leaders at BELTSS anticipate the rule will be finalized in Feb.

Key points of interest in the draft rules include:

• An LALD may be responsible for more than one location;
• Someone who has Licensed Nursing Home Administrator (LNHA) needs to license as an LALD to serve in that role; and
• It is anticipated that the grand-parenting period for those who qualify will be from April through June of 2021.

If you wish to submit a formal comment, you can do so at the OAH's eComments page by 4:30 pm on Dec. 30, 2020.

LeadingAge Minnesota member Anneliese Peterson, COO, Walker Methodist, served as our representative to the BELTSS Rules Development Team (RDT). We have been supportive of the collaborative work conducted by BELTSS to develop the draft rules for LALDs.