Consumer protections for facilities exempt from assisted living licensure 2021, 1st Special Session HF33/SF37 Chapter 7, Article 13, Sections 60 & 65 HHS omnibus bill Effective: August 1, 2021 Short description During negotiations regarding assisted living licensure, certain settings were exempted from licensure. The advocates wanted to ensure that the consumer protections that existed under the housing with services registration, would continue in some form for the exempt settings. To deliver customized living services or 24-hour customized living services customized living services providers must have: 1.
an assisted living license; or
2.
be licensed as a comprehensive home care provider and delivering services in an exempted setting.
Summary As of August 1, 2021, housing with services statutes are repealed. Transferring the housing with services protections to 325F.722 will ensure that they apply to the settings which are exempt from assisted living licensure. •
Subdivision 1: Clarifies the definitions to whom these protections apply
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Subdivision 2: Carries the contract requirements from housing with services over to the settings which are exempt from assisted living licensure
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Subdivision 3: Carries the housing with services termination of contract provisions over to the settings which are exempt from assisted living licensure
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Subdivision 4: Carries the housing with services emergency planning requirements over to the settings which are exempt from assisted living licensure
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Subdivision 5: Carries the housing with services training in dementia requirements over to the settings which are exempt from assisted living licensure
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Subdivision 6: Carries the housing with services manager requirements over to the settings which are exempt from assisted living licensure
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Subdivision 7: Carries the housing with services prohibition of use of restraints over to the settings which are exempt from assisted living licensure
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Subdivision 8: Carries the housing with services requirements to comply with Minnesota Statutes 504B and not required obtain a lodging license under Minnesota Statutes 157 and related rules
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Subdivision 9: Creates a new remedy for violation of the requirements by ensuring the state agency make a good faith effort to resolve disputes before seeking
CARE PROVIDERS OF MINNESOTA
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2021 LEGISLATIVE UPDATE BOOK
