Assisted Living Licensure - Minnesota Department of Health

Assisted Living Licensure

The Assisted Living Licensure law under Minnesota Statutes, chapter 144G was passed by the 2019 Minnesota Legislature. The law established regulatory standards governing the provision of housing and services in assisted living facilities and assisted living facilities with dementia care to help ensure the health, safety, well-being, and appropriate treatment of residents. It also authorized the commissioner to adopt rules for all assisted living facilities that promote person-centered planning and service delivery and optimal quality of life, and that ensure resident rights are protected, resident choice is allowed, and public health and safety is ensured.

Public Hearing

Please take notice that the Minnesota Department of Health held a remote-access public hearing on the proposed rules for assisted living licensure. The hearing provided interested persons the opportunity to testify regarding the proposed rules. Administrative Law Judge, Ann C. O’Reilly conducted the hearing on Tuesday, January 19, and Wednesday, January 20, 2021.

You may review the hearing transcripts here: 
MDH Rules Hearing Transcript 1/19/2021 (PDF)
MDH Rules Hearing Transcript 1/20/2021 (PDF)

You may review Judge O’Reilly’s Instructions here: 
Instructions for Hearing 1/19/2021 (PDF)
Instructions for Hearing 1/20/2021 (PDF)

If you would like to comment on any section of the proposed rules, all interested or affected persons can continue to submit written statements and exhibits via the Office of Administrative Hearings Rulemaking eComments website. Comments must be received by 4:30 p.m. on February 9, 2021. Rebuttals (a reply to something someone else said – not new evidence) must be received by 4:30 p.m. on February 17, 2021.

MDH's Hearing Exhibits

Please find below links to MDH’s hearing exhibits:

You may obtain hard copies for the cost of reproduction by emailing us at health.assistedliving@state.mn.us.

Notice of Hearing

The Notice of Hearing (PDF) was published in the State Register on December 14, 2020. You may also review the Notice of Hearing at the Office of Administrative Hearings Rulemaking eComments website or by requesting a free copy by emailing us at health.assistedliving@state.mn.us.

Rule Language

Proposed rules are available to view at Assisted Living Facilities Proposed Rules (PDF). You may also review the proposed rules at the Office of Administrative Hearings Rulemaking eComments website or by requesting a free copy of the rules by emailing us at health.assistedliving@state.mn.us.

Statement of Need and Reasonableness

Statement of Need and Reasonableness for Assisted Living Licensure (PDF)
The department is required to justify the need and reasonableness of each rule requirement. “Need” means that there is a problem, or a legislative directive, that requires us to adopt or amend rules. “Reasonableness” means that a proposed requirement is a reasonable solution to a problem. The Statement of Need and Reasonableness (SONAR) is the justification document that contains the analysis of each requirement in the rules, the department's statutory authority for the rules, and a regulatory analysis. You may also review the SONAR at the Office of Administrative Hearings Rulemaking eComments website or obtain copies for the cost of reproduction by emailing us at health.assistedliving@state.mn.us.

Statute Updates

The Minnesota Legislature convened on December 14, 2020 for their 7th Special Session. A bill was passed into law that was a compilation of technical provisions to various items. 

This included assisted living licensure language. See Laws 2020, 7th Special Session, chapter 1, article 6 for details.  Please review in conjunction with the proposed rules.

Comments

The department encourages comments. You have at least 30 days to submit written comments, as described in our Notice of Hearing, in support of or in opposition to the proposed rules and any part or subpart of the rules. You must submit all written comments via the Office of Administrative Hearings Rulemaking eComments website.

Questions

Be sure to sign up for assisted living updates.
If you have any questions please email us at health.assistedliving@state.mn.us.

Updated Tuesday, 26-Jan-2021 12:44:54 CST