Assisted Living Licensure - Minnesota Department of Health

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

July 15, 2021: Consumer Information and Provider Forms Now Available

The Assisted Living Licensure (ALL) implementation date of Aug. 1, 2021 is just around the corner. We've created a new page to share important information with you:

  • Information for Consumers, Families, and Caregivers: Check out the newly approved list of facilities who will be regulated under the new assisted living licensure rules, as well as the Assisted Living Bill of Rights, a FAQ for consumers, and links to other resources.
  • Survey Forms and Self-Audit Tools: Providers, review the Assisted Living Licensure (ALL) survey forms. Providers are encouraged to view these forms as helpful tools to continue to ready themselves, and their facility, for the new licensure implementing Aug. 1, 2021.
HRD will update these resources as more information becomes available. You can find the links to each of them in the left-hand navigation bar at the top of the page.

July 2, 2021: New FAQs for providers: Food Code Requirements

We updated the Resources & FAQs page to include answers to questions about the food code requirements.

June 2, 2021: New FAQs for providers: Resident Capacity and UDALSA

We updated the Resources & FAQs page to include information relating to resident capacity and the UDALSA form.

May 20, 2021: New Resident Bill of Rights, FAQ document for consumers, and updates to provider FAQs

We added the new Minnesota Bill of Rights for Assisted Living Residents to the Patient, Resident, and Home Care Bill of Rights page. We are adding translations of this document at a later date.

A news release went out today encouraging residents of assisted living facilities to ask their current care providers about their plans and any impacts to the care provided beginning in August. You can find it here: News release: Assisted living residents encouraged to prepare for August licensing changes. We have also created a document designed to answer questions that are frequently asked by consumers about assisted living licensure: Assisted Living Licensure Consumer Frequently Asked Questions (PDF).

The Resources & FAQs page has been updated to include information about how providers can get their SS-4 document.

May 13, 2021: Updates to Application Materials

We added several new documents to the Application Materials page; these are flow charts designed to help you easily determine which assisted living license is applicable to you.

We also added some questions and answers to the Conversion Applicants section on that page.

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, Jan. 19, and Wednesday, Jan. 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 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.  Both reports can be viewed here: Report of the Administrative Law Judge and the Report of the Chief Administrative Law Judge (PDF). 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)

On April 23, 2021, Chief Judge Jenny Starr issued an Order on Review of Resubmitted Rules (PDF) Under Minnesota Statutes, section 14.16, subdivisions 1 and 2, and Minnesota Rules 1400.2240, subpart 4 (Order). MDH again filed a response with Chief Judge Starr, which can be viewed here: Request for Final Approval (PDF).

On May 10, 2021, MDH received Chief Judge Jenny Starr’s Order on Review of Resubmitted Rules and Request to Omit Text From Notice of Adoption (PDF).

On June 11, MDH filed its Order Adopting Rules (PDF) along with a copy of the final modified rule with OAH.

The Notice of Adoption for the Rules Governing Assisted Living Facilities was published in the State Register on July 19, 2021. You may review the Notice of Adoption on the Minnesota State Register website, State Register Volume 46, Number 3. If you have any questions, please email health.assistedliving@state.mn.us for further assistance.

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 Dec. 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 Dec. 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.

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 Monday, 19-Jul-2021 14:45:57 CDT