SF2934 (Legislative Session 94 (2025-2026))

Assisted living provisions modifications

Related bill: HF2757

AI Generated Summary

Purpose of the Bill

This bill aims to update and revise the regulations surrounding assisted living facilities in Minnesota. It seeks to improve the standards of care, ensure enhanced safety measures, and provide detailed guidelines for the use of restraints in these facilities.

Main Provisions

  • Definitions of Restraints: Introduces clear definitions for chemical, manual, and mechanical restraints as aimed to align with existing state definitions.
  • Licensing Requirements: Reinforces that all assisted living facilities need a license to operate. If a facility offers dementia care, it can obtain a specific license for that, which should identify each building with its resident capacity and type of care provided.
  • Director Licensing: Mandates that each facility must have a director licensed by the Board of Executives for Long Term Services and Supports.
  • Prohibition on Use of "Assisted Living": Starting January 1, 2026, only licensed facilities can use the term "assisted living" in their branding or services, including restrictions on using terms such as "home care" or "nursing home."
  • Provisional Licenses: Details the conditions under which provisional licenses can be extended if a facility is not in compliance with requirements.
  • Training in Restraints: Requires a minimum of four hours of training on using restraints for staff members, focusing on de-escalation techniques and culturally competent care, with annual refresher courses.
  • Use of Restraints: Limits the use of restraints to emergency situations to prevent imminent harm, bans certain forms of restraint for convenience or discipline, and sets forth documentation and notification protocols for their use.

Significant Changes to Existing Law

  • Restraint Use and Training: Establishes new training requirements and limitations on the use of restraints, emphasizing person-centered care and safety.
  • Licensing and Compliance: Strengthens the regulatory framework for obtaining and maintaining a license for facilities, introducing more stringent rules.
  • Repeal of Task Force: Repeals the statute establishing the Resident Quality of Care and Outcomes Improvement Task Force.

Relevant Terms

chemical restraint, manual restraint, mechanical restraint, assisted living facility licensing, dementia care, provisional license, restraint training, director licensing, compliance.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 23, 2025SenateFloorActionIntroduction and first reading
March 23, 2025SenateFloorActionIntroduction and first reading
March 23, 2025SenateFloorActionReferred toHuman Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Clarifications and definitions for different types of restraints are added in section 144G.08."
      ],
      "removed": [],
      "summary": "This bill modifies definitions related to restraints by referencing definitions provided in section 245D.02.",
      "modified": [
        "Updates the definition of 'Manual restraint' and 'Mechanical restraint' to align with section 245D.02 definitions."
      ]
    },
    "citation": "245D.02"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section pertains to the use of seat belts, referenced in modifications to mechanical restraint definitions.",
      "modified": [
        "Clarifies that mechanical restraints do not include the use of a seat belt as required under section 169.686."
      ]
    },
    "citation": "169.686"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References child passenger restraint systems as they relate to mechanical restraints.",
      "modified": [
        "Excludes child passenger restraint systems, as covered under section 245A.18, from the definition of mechanical restraints."
      ]
    },
    "citation": "245A.18"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section is referenced in regard to fire protection requirements for assisted living facilities with dementia care units.",
      "modified": [
        "Facilities must meet existing requirements in section 144G.45 in addition to new stipulations proposed in this bill."
      ]
    },
    "citation": "144G.45"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This section outlines requirements for ordered treatment which includes the use of restraints.",
      "modified": [
        "Restrains usage must comply with section 144G.72 when not used as an emergency intervention."
      ]
    },
    "citation": "144G.72"
  }
]