Outdoor space requirements for assisted living with dementia licenses 2021, Regular Session HF2128/SF2360 Chapter 30, Article 3, Section 20 (amending 144G.84) HHS omnibus bill Effective: August 1, 2021 Short description The assisted living statutes contained an unworkable requirement for those facilities wanting a dementia care license to provide access to secured outdoor space and walkways that would allow residents to enter and return without staff assistance. This was going to create a huge problem for assisted living facilities desiring a dementia care conversion license. Therefore, the requirement was deleted and replaced with a requirement to provide regular access to outdoor space in accordance with the resident’s document care plan. Implications Licensed assisted living facilities with a dementia care license will need to ensure residents with dementia are assessed to determine each person’s level of interest to have time spent outdoors, and within reason, accommodate such person-centered preference in an activity plan. Bill language https://www.revisor.mn.gov/laws/2021/0/Session+Law/Chapter/30/ Sec. 20. Minnesota Statutes 2020, section 144G.84, is amended to read: 144G.84 SERVICES FOR RESIDENTS WITH DEMENTIA. (a) In addition to the minimum services required in section 144G.41, an assisted living facility with dementia care must also provide the following services: (1) assistance with activities of daily living that address the needs of each resident with dementia due to cognitive or physical limitations. These services must meet or be in addition to the requirements in the licensing rules for the facility. Services must be provided in a person-centered manner that promotes resident choice, dignity, and sustains the resident's abilities; (2) nonpharmacological practices that are person-centered and evidence-informed; (3) services to prepare and educate persons living with dementia and their legal and designated representatives about transitions in care and ensuring complete, timely communication between, across, and within settings; and
CARE PROVIDERS OF MINNESOTA
-91-
2021 LEGISLATIVE UPDATE BOOK