HF4144

Purpose

This bill would change rules for small assisted living facilities (those with six or fewer residents) and adjust how inspections, notifications, and maltreatment reports are handled. It also authorizes counties and local governments to help with inspections and updates several Minnesota statutes to reflect these changes.

Main Provisions

• Consideration of Applications for Licenses

  • Before issuing or renewing a provisional license or standard license for an assisted living facility with six or fewer residents, the commissioner must consider the facility’s compliance history in Minnesota or other states. The proximity to other assisted living facilities or residential programs is also considered.
  • The compliance history to be considered includes repeat violations and any license or certification that was suspended or terminated during enforcement.

• Grounds for Licensing Action

  • The commissioner can deny, revoke, suspend, restrict, or not renew a license or can impose conditions if:
  • The applicant provides incomplete or inaccurate information.
  • The applicant knowingly or with reason to know made false statements.
  • The applicant refuses to allow inspection of records or parts of the premises.
  • The applicant interferes with work by authorized representatives (the commissioner, ombudsmen, local authorities, or law enforcement).
  • The facility owner/manager has a history of noncompliance with regulations harmful to residents.
  • The facility violates any requirements in this chapter.

• Proximity to Other Licensed Facilities

  • For a small facility (six or fewer residents), license approval cannot occur if the site is within 650 feet of another small facility or a residential program licensed under chapter 245A, with certain exceptions.
  • Exceptions to the 650-foot rule include: 1) The existing residential program is located in a hospital. 2) Local zoning authority grants an interim use permit or special use permit. 3) The facility applies for and the commissioner approves a Certificate of Need (CON).

• Reconsideration Rights

  • If a license is denied, the applicant has the right to reconsideration under Minnesota Statutes section 144G.16, subdivision 4.

• Delegation of Inspection Authority

  • The commissioner may delegate authority to county agencies and local units of government to conduct certain inspections related to licenses.

• Notification and Reporting Changes

  • The bill changes how licenses are notified to affected political subdivisions and updates reporting/notification requirements for maltreatment of vulnerable adults.

• Statutory Amendments

  • Makes changes to Minnesota Statutes 2024 in sections including 144G.15, 144G.16 (adding a new subdivision 144G.45, subdivision 3), 245A.04 (subdivisions 2, 2a), 245A.11 (subdivision 4), and 626.557 (subdivision 9c), to reflect the above changes.

Significant Changes to Existing Law

• Narrowed/clarified location requirements for very small assisted living facilities, introducing a 650-foot proximity standard and specific exceptions.
• Expanded oversight flexibility by allowing delegation of some inspections to local governments, potentially speeding up inspections and increasing local involvement.
• Updated processes for license applications, including enhanced consideration of compliance history and proximity factors.
• Updated notification and reporting procedures for maltreatment of vulnerable adults.
• Added an explicit reconsideration pathway if a license is denied.

Potential Impacts

• Small assisted living facilities must carefully consider neighboring facilities and local zoning rules when seeking a license.
• Local governments may play a larger role in inspections.
• Agencies may need to coordinate more closely with political subdivisions when issuing licenses and reporting maltreatment.
• Applicants with past compliance issues must address those concerns to improve licensing chances.

Relevant Terms

• assisted living facility
• licensed resident capacity of six or fewer
• proximity to other facilities (within 650 feet)
• existing residential program (245A licensed)
• Certificate of Need (CON)
• interim use permit
• special use permit
• compliance history
• license denial/reconsideration
• provisional license
• license renewal
• delegation of inspection authority
• county agencies
• local units of government
• maltreatment of vulnerable adults
• reports and notification requirements
• ombudsman for long-term care
• ombudsman for mental health and developmental disabilities

Relevant Terms - assisted living facility - licensed resident capacity of six or fewer - 650 feet proximity rule - Certificate of Need (CON) - interim use permit - special use permit - delegation of inspection authority - county agencies - local units of government - maltreatment of vulnerable adults - notification requirements - compliance history - reconsideration rights