Information Bulletin 17-03
HWS: Housing with Services-29
Home Care Providers-38
Housing with Services (HWS) Resident Rights, Contracts and Lodging License
New laws effective 2017
The purpose of this information bulletin is to inform Housing with Services (HWS) Establishments of new state laws effective in 2017 related to resident rights, notices and a change to the lodging license applicability.
The purpose is also to inform arranged home care providers of the responsibilities related to assessment and reassessment.
New Housing with Services Contract Requirements Related to Resident Rights effective May 31, 2017
The Minnesota legislature added new requirements for HWS establishments. See Minnesota Statutes Chapter 144d. Housing with services establishment.
The new law under Minnesota Statute 144D.04 specifies that residents who live in a HWS establishment and receive services from an arranged home care provider have certain rights to control their living space, their daily schedule, and with whom they interact.
For residents who live in a HWS establishment and are receiving one or more health-related service from the establishment’s arranged home care provider, the HWS establishment must ensure the following rights in bold below and must include a statement in the HWS contract to address these rights.
The contract must include statements:
- regarding the ability of a resident to furnish and decorate the resident’s unit within the terms of the lease.
Implementation Guidance: This means that people can decorate their room or apartment, including choosing decorations, linens, furniture and other household items that are within the resident’s budget.
- regarding the resident’s right to access food at any time.
Implementation Guidance: This means that people can choose when, where, and with whom they would like to eat. If a person misses a meal due to an activity, they do not have to wait for the next meal to eat. People are allowed to store snacks in their unit or a designated area that is accessible to them at all times.
- regarding a resident’s right to choose the resident’s visitors and times of visits.
Implementation Guidance: This means that people choose who their visitors are, and have privacy during the visits without any restrictions on the time of visits and where they visit their guests.
- regarding the resident’s right to choose a roommate if sharing a unit.
Implementation Guidance: This means that people share a room with a person that they are compatible with and know how they can request a choice of or change in roommates.
- notifying the resident of the resident’s right to have and use a lockable door to the resident’s unit. The landlord shall provide the locks on the unit. Only a staff member with a specific need to enter the unit shall have keys, and advance notice must be given to the resident before entrance, when possible.
Implementation Guidance: This means that staff will respect people’s privacy by knocking or requesting to enter a room and receive permission prior to entering. Staff only access a person’s unit without their approval as needed for health and safety.
Minnesota Statutes 144D.01 subd. 2a states that “Arranged home care provider” means a home care provider licensed under chapter 144A that provides services to some or all of the residents of a HWS establishment and that is either the establishment itself of another entity with which the establishment has an arrangement.
Requirements for Rights Restrictions: Home Care Provider Responsibilities and Coordination with Medicaid Waiver Coordinated Service and Support Plan effective May 31, 2017
These rights must be honored for all residents who live in a HWS establishment and receive home care services from the arranged home care provider, regardless of the person’s pay source. Any restriction of these rights is allowable if determined necessary for health and safety reasons identified by the home care provider’s registered nurse in an initial assessment or reassessment, as defined under section 144A.4791, subdivision 8, and documented in the written service plan under section 144A.4791, subdivision 9.
When a resident receives customized living services funded by Medicaid home and community-based services waivers, the restrictions must be justified and documented by the person’s case manager or care coordinator in the resident’s coordinated service and support plan (CSSP). If a restriction to a right is necessary for health and safety reasons, there are requirements to ensure positive interventions and supports are documented prior to a right restriction, to ensure less intrusive method(s) are tried, and to ensure there is a clear description of how the restriction is consistent with the initial assessment or reassessment.
These waiver funding sources include:
- Elderly Waiver (EW) (M.S. 256B.0915)
- Community Access for Disability Inclusion waiver (CADI) (M.S. 256B.49)
- Brain Injury waiver (BI) (M.S. 256B.49)
New HWS Contract Requirements Related to Providing Conspicuous Notice effective August 1, 2017
Minnesota Statutes 144D.04 subdivision 2 items (9) and (15) related to HWS contract were amended and state:
description conspicuous notice informing the tenant of the policy concerning the conditions under which and the process through which the contract may be modified, amended, or terminated, including whether a move to a different room or sharing a room would be required in the event that the tenant can no longer pay the current rent;
(15) a statement regarding the ability of
residents a resident to receive services from service providers with whom the establishment does not have an arrangement;
HWS not required to obtain a lodging license effective August 1, 2017
Minnesota Statutes 144D.06 was amended and states:
In addition to registration under this chapter, a housing with services establishment must comply with chapter 504B and the provisions of section 325F.72, and shall obtain and maintain all other licenses, permits, registrations, or other governmental approvals required of it
in addition to registration under this chapter. A housing with services establishment is subject to the provisions of section 325F.72 and chapter 504B not required to obtain a lodging license under chapter 157 and related rules.