Assisted Living Contracts - Contract Termination - Coordination of Move

Notwithstandingsubdivision1,paragraph(f),theresidenthastherightatanytimetoadd,remove,orchange the name and contact information of the designated representative.

Subd. 4. Filing. The contract and related documents must be maintained by the facility in files from the date of execution until five years after the contract is terminated or expires. The contracts and all associated documents must be available for on-site inspection by the commissioner at any time. The documents shall be available for viewing or copies shall be made available to the resident and the legal or designated representative at any time.

Subd. 5. Waivers of liability prohibited. The contract must not include a waiver of facility liability for the health and safety or personal property of a resident. The contract mustnotinclude any provision that the facility knows or should know to be deceptive, unlawful, or unenforceable under state or federal law, nor include any provision that requires or implies a lesser standard of care or responsibility than is required by law.

History: 2019 c 54 art 1 s 33; 2019 c 60 art 1 s 26,47; 2020 c 83 art 1 s 36

NOTE: This section, as added by Laws 2019, chapter 60, article 1, section 26, is effective August 1, 2021. Laws 2019, chapter 60, article 1, section 26, the effective date.

144G.51 ARBITRATION.

(a) An assisted living facility must clearly and conspicuously disclose, in writing in an assisted living contract, any arbitration provision in the contract that precludes, limits, or delays the ability of a resident from taking a civil action.

(b) An arbitration requirement must not include a choice of law or choice of venue provision. Assisted living contracts must adhere to Minnesota law and any other applicable federal or local law.

History: 2019 c 60 art 1 s 31,47

NOTE: This section, as added by Laws 2019, chapter 60, article 1, section 31, is effective August 1, 2021,forcontractsenteredintoonorafterthatdate. Laws2019,chapter60,article1,section31,theeffective date.

144G.52 ASSISTED LIVING CONTRACT TERMINATIONS.

Subdivision 1. Definition. For purposes of sections 144G.52 to 144G.55, "termination" means:

(1) a facility-initiated termination of housing provided to the resident under the contract; or

(2)afacility-initiatedterminationor nonrenewalofallassisted living servicestheresidentreceivesfrom the facility under the contract.

Subd. 2. Prerequisite to termination of a contract. (a) Before issuing a notice of termination of an assisted living contract, a facility must schedule and participate in a meeting with the resident and the resident's legal representative and designated representative. The purposes of the meeting are to:

(1) explain in detail the reasons for the proposed termination; and

(2) identify and offer reasonable accommodations or modifications, interventions, or alternatives to avoid the termination or enable the resident to remain in the facility, including but not limited to securing servicesfromanotherprovideroftheresident'schoosingthatmayallowtheresidenttoavoidthe termination.