Licensed assisted living technical changes 2022 Regular Session HF4065 Chapter 98, Article 1, Sections 21-60 Health & Human Services omnibus policy bill Effective: August 1, 2022 Short description There were a number of technical changes made to licensed assisted living statutes this session—most brought forward by the Minnesota Department of Health. In general, these were issues that came to light during this first year of licensed assisted living. Summary Technical changes that passed during the session include the following: • Provides a definition to the term “serious injury”—which now has the meaning given in section 245.91 subdivision 6 • Includes a review of a provisional license applicants, owners, controlling individuals, managerial individuals, or assisted living directors’ compliance history in Minnesota and states other than Minnesota • Requires, for a license renewal, proof to show the facility cared for at least one resident at the assisted living facility listed on the license • Notwithstanding any other provision of law, a change of licensee does not require the facility to meet the design requirements of the FGI Institute, NFPA Life Safety Code, or new construction plans • Owners or managerial officials whose assisted living license have been revoked in Minnesota or any other state will not be able to hold an assisted living license in Minnesota for a period of five years • Expands the ability to bar any controlling individual, who had legal authority to affect or change decisions of an assisted living facility if the person also was a controlling individual in licensed home care, was a PCA, or a PCA provider who was convicted of a felony or gross misdemeanor related to the operation of such providers • Adds “an agent of the facility” to a facility, a managerial official, or an employee whose actions can support a correction order • Clarifies that correction order fines are issued based on per violation, not per incident • Clarifies that maltreatment fines are issued based on per incident • Directs fines collected from assisted living surveys to be deposited in a dedicated special revenue account, whose balance shall be annually appropriated to the commissioner for special projects to improve resident quality of care and outcomes in assisted living facilities • Removes the requirement in the posted grievance policy to post the contact information for regional ombudsman • Adds a requirement in the posted grievance policy to state that if an individual has a complaint about the facility or person providing services, the individual may contact the Office of Health Facility Complaints at the Minnesota Department of Health • Adds the Office of Ombudsman for Mental Health & Developmental Disabilities to the list of names and contact information to be provided to residents, and removes the regional ombudsman from that list of names that must be provided • Provides that for facilities constructed as of August 1, 2021, a variance to provide an option for a bath must be based on alterative measures taken, level of burden, and whether the variance will adversely affect the health, treatment, or safety of a resident • Drops the requirement that the assisted living contract must include the license number of the facility—replaces it with a requirement for assisted living contracts to include the licensed facility’s HFID number
CARE PROVIDERS OF MINNESOTA
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2022 LEGISLATIVE UPDATE BOOK
