2021 Legislative Update

Page 91

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

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2021 LEGISLATIVE UPDATE BOOK


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m. More changes for community first services & supports (also known as PCA/CFSS

1min
page 155

l. Tribes included in supplemental service rate definition

0
pages 153-154

j. Tax conformity

0
pages 149-150

k. Medical cannabis—Smoking raw plant

1min
pages 151-152

i. Service & support animals

3min
pages 145-148

h. Mental health summary

1min
pages 143-144

g. Age-friendly Minnesota

3min
pages 139-142

f. American Indian Community-Specific Board

1min
pages 137-138

e. Ombudsperson for American Indian families

3min
pages 135-136

a. MA dental benefit added

2min
pages 125-126

d. DHS to proceed with Phase 2 of Waiver Reimagine for under 65

2min
pages 133-134

b. 90-day medication

1min
pages 127-128

c. Telemedicine for county processes

6min
pages 119-122

c. Regional quality councils for disabilities

4min
pages 129-132

b. Telehealth coverage policy

3min
pages 117-118

a. Telemedicine

1min
pages 115-116

a. Workers’ compensation

5min
pages 101-104

d. Background study fees increase for some DHS-enrolled providers

2min
pages 109-110

licensure

1min
pages 97-98

b. Workers’ Compensation Advisory Council recommendations

2min
pages 105-106

l. Technical language on HWS conversion to assisted living m. LTC ombudsman & customized living settings exempted from assisted living

3min
pages 95-96

c. Unemployment insurance

3min
pages 107-108

e. Background studies—Waivers & modifications; legislative task force

2min
pages 111-112

k. Outdoor space requirements for assisted living with dementia licenses

3min
pages 91-94

j. Eviction moratorium phaseout

3min
pages 89-90

i. Prorated rent

1min
pages 87-88

h. Residential supports customized living report

1min
pages 85-86

f. Customized living report

2min
pages 81-82

g. Study of exempt facilities

1min
pages 83-84

policies

12min
pages 63-70

e. Consumer protections for facilities exempt from assisted living licensure

12min
pages 73-80

d. Resident experience surveys in assisted living

1min
pages 71-72

a. Assisted living licensure technical changes

10min
pages 55-60

b. Background studies for licensed assisted living facilities c. CADI customized living providers bear the brunt of unfriendly & restrictive DHS

2min
pages 61-62

f. LTC assessment may be temporarily waived for HCBS waiver clients returning from a healthcare facility

2min
pages 51-52

c. Permanent nursing facility moratorium funding appropriated

4min
pages 33-36

c. Housing supports absent days d. AL facilities with 80% EW may apply for disproportionate share rate increases ...................................................................................................................................................... 45

6min
pages 43-48

e. Legislature increases rates for Elderly Waiver customized living, excludes CADI-CL

3min
pages 49-50

improvement grants b. Home health agency services & home care nursing services to receive annual

1min
pages 39-40

increases

1min
pages 41-42

a. Nursing facility MDS assessment requirements modified b. Significant change in status assessment required when therapy (and isolation)

17min
pages 19-28

ends

6min
pages 29-32

I. Session summary

8min
pages 9-16
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