Assisted Living Licensure

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Assisted Living Licensure

Assisted Living Licensure (ALL) within the Health Regulation Division of the Minnesota Department of Health oversees and regulates licensed assisted living providers in Minnesota. These activities include:

Licensure
On-site surveys and enforcement
Communication with providers and the public on the issues of assisted living laws and regulation.

Our mission is to protect, maintain and improve the health of Minnesotans who receive assisted living services.

nurse assisting patient with walker

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.

Announcements

April 16, 2021: Updated FAQs Page

We've updated our website to include answers to questions asked by providers about a variety of topics. You can find this information on the FAQs & Resources page. We'll be continuing to update it, so please check back regularly.

March 26, 2021: For Housing with Services Providers

If you are registered as a housing with services establishment under Chapter 144D and meet the following criteria, you must apply for a an assisted living facility license no later than June 1, 2021:

You are providing home care services, or have contracted with a comprehensive home care provider to provide home care services, to at least one resident AND
You intend to provide assisted living services on or after August 1, 2021.

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)

On March 29, 2021, Administrative Law Judge (ALJ) Ann O’Reilly issued a Report regarding the Minnesota Department of Health’s (MDH’s) proposed rules governing assisted living licensure. Because ALJ O’Reilly disapproved some of the rules, she gave a copy of her Report and the hearing record to Chief Judge Jenny Starr. On April 8, 2021, Chief Judge Starr approved ALJ O’Reilly’s finding of defects. Chief Judge Starr provided her actions for MDH to take to correct the defects for the rule to be approved.

If MDH elects to adopt the actions suggested by Chief Judge Starr, makes no further changes, and Chief Judge Starr determines that the defects have been corrected, MDH may proceed to adopt the rules. MDH may also request that Chief Judge Starr reconsider ALJ O’Reilly’s findings of defects and disapproval of a rule.

Both reports can be viewed here: Report of the Administrative Law Judge and the Report of the Chief Administrative Law Judge (PDF)

On March 29, 2021, Administrative Law Judge (ALJ) Ann O’Reilly approved and disapproved portions of the rule in her Report. On April 8, 2021, Chief Judge Jenny Starr concurred with ALJ O’Reilly’s approval and disapproval of portions of the rule in her Report. MDH filed a response with Chief Judge Starr upon reviewing her Report and ALJ O’Reilly’s Report, which can be viewed here: Letter to Chief ALJ Starr (PDF)

MDH's Hearing Exhibits

Please find below links to MDH’s hearing exhibits:

Exhibit A – Request for Comments (PDF)
Exhibit B – Petition (PDF)
Exhibit C – Proposed Rules (PDF)
Exhibit D – Statement of Need and Reasonableness (PDF)
Exhibit E – Transmission to Legislative Reference Library (PDF)
Exhibit F – Notice of Hearing (PDF)
Exhibit G – Certificates of Mailing Notice (PDF)
Exhibit H – Certificate of Additional Notice (PDF)
Exhibit I – Public Comments (PDF)
Exhibit J – Orders (PDF)
Exhibit K – Certificate and Letter to Legislators (PDF)
Exhibit L – Modifications to Proposed Rules (PDF)
Exhibit M – Additional Comments (PDF)
Exhibit N – Cost Baseline and Impact Analysis (PDF)
Exhibit O – Published Notice (PDF)

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.

The department has proposed two sets of changes to the proposed rules. These changes are reflected in hearing Exhibit L and this document: Additional Modifications to Proposed Rules (PDF). You may obtain hard copies for the cost of reproduction by emailing us at health.assistedliving@state.mn.us.

MMB Cost Analysis

Minnesota Management and Budget has provided the department with its office memorandum (PDF) regarding the costs of the proposed rule on local units of government. You may obtain hard copies for the cost of reproduction 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.