2021 Legislative Update

Page 95

Technical language on HWS conversion to assisted living 2021, Regular Session HF2128/SF2360 Chapter 30, Article 3, Section 50, Subdivision 4 HHS omnibus bill Effective: Retroactively to December 17, 2020 Short description This language specifies that a housing with services (HWS) establishment, intending to convert to an assisted living license, must apply for the conversion by June 1, 2021, and be licensed by August 1, 2021. Summary HWS settings intending to convert to the new assisted living license must follow the directions of MDH for the conversion of licensure to assure a new assisted living license is obtained by August 1, 2021. Because providers are changing license types, notifications of the changes need to be given to residents at least 60 days in advance of the change. Notices must include the following: •

Whether or not the HWS establishment intends to convert to an assisted living licensed facility

When the HWS setting will no longer be providing housing with services

The contact information of who a resident can get a hold of if they have questions

The contact information for the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health & Developmental Disabilities

The notice must also be given to a resident’s case manager if a resident has one

After August 1, 2021, any HWS establishment that has not converted to an assisted living licensed facility is prohibited from providing assisted living services. Implications Care Providers of Minnesota staff will watch for implications to providers if the necessary application and notifications are not followed. Bill language https://www.revisor.mn.gov/laws/2021/0/Session+Law/Chapter/30/ Sec. 50. Laws 2020, Seventh Special Session chapter 1, article 6, section 12, subdivision 4, is amended to read: Subd. 4. Housing with services establishment registration; conversion to an assisted living facility license. (a) Housing with services establishments registered under chapter 144D, providing home care services according to chapter 144A to at least one resident, and intending to provide assisted living services on or after August 1, 2021, must 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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