Consumer Notification Requirements for Assisted Living Licensure Transition

Information Bulletin 21-01

Housing with Services using an Assisted Living Designation: 32
Housing with Services with a Special Dementia Unit: 32
Home Care: 42

Consumer Notification Requirements for Assisted Living Licensure Transition

Purpose

The purpose of this information bulletin is to inform consumers and providers of the statutory changes resulting from December’s legislative special session (Laws 2020, 7th Spec. Sess., chp. 1, art. 6, sect. 12) impacting current housing with services registrants and home care license holders regarding future transition to assisted living consumer notice requirements under Minnesota Statutes §§ 144G.08 to 144G.92.

Implementation Date

December 17, 2020

Notification Requirements

The upcoming change to licensing for “assisted living” and “assisted living services” creates several situations that will impact both consumers and provider types. While providers will decide if they will continue or change their operations, consumers will need to decide if they desire to change the provider of their services. Pursuant to session law, a resident has the right to information in advance of a change to their situation to make an informed decision about their service needs.

There are several provider type situations within the December session law describing new “notice” requirement to consumers. The notice requirements are clearly identified within the December special session law for each situation described below.

Certain Facilities

The requirement to provide notice to consumers applies to the following facilities:

  1. A comprehensive home care provider that does not intend to provide home care services under chapter 144A on or after August 1, 2021.
  2. A comprehensive home care provider that intends to obtain an assisted living facility license but does so under a different business name and that continues to provide services to its recipients.
  3. A housing with services establishment registered under chapter 144D that does not intend to convert its registration to an assisted living facility license under chapter 144G.
  4. A housing with services registrant that obtains an assisted living facility license, but does so under a different business name and continues to provide services to the recipient.

Requirements

Facilities

Effective December 17, 2020:
For facility situations A and C referenced above, the provider or registrant must provide written notice to its recipients or residents at least 60 prior to the expiration of its license, or no later than May 21, 2021, that must:

  1. state that the provider will no longer be providing home care services under chapter 144A;
  2. include the date when the provider will no longer be providing these services;
  3. include the name, e-mail address, and phone number of the individual associated with the comprehensive home care provider that the recipient of home care services may contact to discuss the notice;
  4. include the contact information consisting of the phone number, e-mail address, mailing address, and website for the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities; and
  5. for recipients of home care services who receive home and community-based waiver services under section 256B.49 and chapter 256S, also be provided to the resident's case manager at the same time that it is provided to the resident.

For facility situation B referenced above, the 60 days before expiration notice requirement does not apply. However, this situation requires recipients be provided written notice as required under sections 144A.44, 144A.441, 144A.442 and as applicable 144A.4791.

For facility situation D referenced above, the 60 days before expiration notice requirement does not apply. However, this situation requires residents be provided written notice as required under sections 144D.04 and 144D.05, as applicable, and section 144D.09.

All facilities should carefully review all the requirements in Minnesota Statutes §§ 144G.08 to 144G.92.

Related Information

Laws 2020, 7th Special Session, Chapter 1, Article 6, Section 12

Updated Friday, January 15, 2021 at 10:50AM