licensure

LTC ombudsman & customized living settings exempted from assisted living licensure 2021, Regular Session HF2128/SF2360 Chapter 30, Article 12, Section 1 HHS omnibus bill Effective: August 1, 2021

Short description Enrolled providers of customized living that are exempt assisted living licensure fall under the definition of long-term facility, as it relates to the Office of the Ombudsman for LongTerm Care.

Summary Certain customized living providers serving Medicaid beneficiaries under the age of 65 were exempted by the 2021 legislature from needing an assisted living license. Once this was agreed to, the focus of discussion was how to make sure that Minnesota statutes offers definition and oversight of those exempted providers.

Implications By including these exempted settings in the definition of long-term care facility, the Office of the Ombudsman for Long-Term Care is granted the authority to, among other things, mediate or advocate on behalf of these clients.

Bill language https://www.revisor.mn.gov/laws/2021/0/Session+Law/Chapter/30/

read: Section 1. Minnesota Statutes 2020, section 256.9741, subdivision 1, is amended to

Subdivision 1. Long-term care facility. "Long-term care facility" means a nursing home licensed under sections 144A.02 to 144A.10; a boarding care home licensed under sections 144.50 to 144.56; an assisted living facility or an assisted living facility with dementia care licensed under chapter 144G; or a licensed or registered residential setting that provides or arranges for the provision of home care services; or a setting defined under section 144G.08, subdivision 7, clauses (10) to (13), that provides or arranges for the provision of home care services. EFFECTIVE DATE. This section is effective August 1, 2021.