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
-95-
2021 LEGISLATIVE UPDATE BOOK