Assisted Living Rulemaking Authorization - Minnesota Department of Health

Assisted Living Rulemaking

Minnesota Statute 144G.09, subdivision 3(c) authorizes the commissioner to adopt rules for assisted living facilities. This page contains documents and information documenting the rulemaking process from December 2020 to July 2021.

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.

Rules for Assisted Living Licensure were developed with the assistanc of the Assisted Living Advisory Committee. You can find more information about the committee, including agendas and meeting notes, on the Assisted Living Advisory Committee page.

Related Statutes: | Minnesota Statute Chapter 144G Assisted Living | 2019 Chapter 60, Article 1, Sections 34, 41, 47 | 2020 7th Special Session, Chapter 1, Article 6 |

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.

Updated Tuesday, 17-Aug-2021 15:58:06 CDT