Get Updated on the 2022 Legislative Changes to the Assisted Living License

From the desk of Julie  —

Are you complying with recently passed changes to Minnesota’s long-term care consultation services statute? Many of the provisions affecting assisted living licensees, become effective August 1, 2022.

Here is a summary of the key changes —

1. Changes to the Assisted Living Bill of Rights. Modifies the assisted living bill of rights regarding personal treatment and privacy. “Residents have the right to consideration of their privacy, individuality, and cultural identity as related to their social, religious, and psychological well-being. Staff must respect the privacy of a resident’s space by knocking on the door and seeking consent before entering, except in an emergency unless otherwise documented in the resident’s service plan.”

B. Modifies the additional language that must be provided with the assisted living bill of rights. “If you want to report suspected abuse, neglect, or financial exploitation, you may contact the Minnesota Adult Abuse Reporting Center (MAARC). If you have a complaint about the facility or person providing your services, you may contact the Office of Health Facility Complaints, Minnesota Department of Health. If you would like to request advocacy services, you may contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health and Developmental Disabilities.”

2. Changes to the grievance policy. Removes the requirement in the posted grievance policy to post the contact information for regional ombudsman.

B. Adds a requirement in the posted grievance policy to state that if an individual has a complaint about the facility or person providing services, the individual may contact the Office of Health Facility Complaints at the Minnesota Department of Health.

3. Changes to the assisted living contract. Modifies information that must be included in an assisted living contract, to require “a delineation of the grounds under which residents may have housing terminated or be subject to emergency relocation.”

B. Also requires the facility’s health facility identification number, rather than license number, to be included on the contract in a conspicuous place and manner.

4. Most areas of 144G that currently reference the Office of Ombudsman for Long-Term Care will now also be required to reference the Office of Ombudsman for Mental Health & Developmental Disabilities. Documents needs to include the following language:“You may contact the Ombudsman for Long-Term Care for questions about your rights as an assisted living facility resident and to request advocacy services. As an assisted living facility resident, you may contact the Ombudsman for Mental Health and Developmental Disabilities to request advocacy regarding your rights, concerns, or questions on issues relating to services for mental health, developmental disabilities, or chemical dependency.”

Documents impacted by the new language:• Notice to residents (144G.20 Subd.12)• Resident transfer plans regarding final revocation, refusal to renew, or suspension of license (144G.20 Subd. 15)• Notice regarding a meeting to discuss a resident’s termination (144G.52 Subd.2)• Included as part of the content of notice of termination (144G.52 Subd.8)• Included as part of the content of emergency relocation (144G.52 Subd.9)• Included as part of the content of nonrenewal of housing (144G.53(b))• Included as part of the content of a coordinate move (144G.55 Subd.1)• Included as part of the content of a transfer within the facility (144G.56 Subd.3)• Included as part of the content of a closure plan (144G.57 Subd.3)• Included as part of the resident notice regarding an approved closure plan (144G.57 subd.5)• Included as a required element of the service plan (144G.70 Subd.4)• Included in the updated assisted living bill of rights (144G.91 Subd.21)• Included as a reason to prohibit retaliation (contact with) regarding complaints (144G.92 Subd.1)• Included as information to be included with every assisted living contract (144g.93)

What this means for you:The new law will require administrators and nursing staff to once again update their notices, postings, and policies. Contracts and service plans will need to be modified, and a new bill of rights will need to be provided. For a full review of all the changes, see the attached link to the Minnesota Department of Health 06/16/2022 bulletin. HTTPS://content.govdelivery.com/accounts/MNMDH/bulletins/31c5092

For assistance with updating your documents please visit our website at srcaresolutions.net.

Julie Dietz, RN, PHNSenior Assisted Living ConsultantSenior Care Solutions julie.dietz@srcaresolutions.net