Purpose

This bill adjusts rules for certain assisted living facilities and residential programs. It changes where and how small facilities can be located relative to others, adds ways for state and local agencies to conduct inspections, and updates reporting and notification rules for maltreatment of vulnerable adults. It also updates several state licensing laws to reflect these changes.

Main Provisions

• Licensing consideration for small assisted living facilities

  • Before issuing or renewing a provisional license or regular license for an assisted living facility with a licensed resident capacity of six or fewer, the commissioner must consider the facility’s compliance history in Minnesota and other states.
  • The consideration must also look at how close the facility is to other assisted living facilities and to existing residential programs, as specified in the bill.

• Grounds for licensing actions

  • The commissioner may deny, revoke, suspend, restrict, or refuse to renew a license if:
  • The applicant provides incomplete or inaccurate information.
  • Correct information is needed to decide on licensure.
  • The applicant knowingly lied or provided false material facts.
  • The applicant denies access to records or premises for inspection.
  • The applicant interferes with investigators, ombudsmen, or relevant authorities.
  • The owner, controlling party, manager, or facility director has prior noncompliance with regulations that harmed residents.
  • Any requirement in the licensing chapter is violated.

• Proximity rules (650-foot rule with exceptions)

  • A provisional license or license for an assisted living facility with capacity six or fewer cannot be issued if it would be within 650 feet of another facility with six or fewer beds or a licensed residential program.
  • Exceptions allow a new facility within 650 feet if:
  • The existing residential program is in a hospital.
  • Local zoning grants an interim use permit or a special use permit.
  • The new facility has an approved certificate of need.

• Reconsideration rights

  • If a license is denied, the applicant retains the right to request reconsideration under existing law.

• Delegation and notification changes

  • The commissioners of health and human services can delegate some inspections to county agencies and local governments.
  • The bill changes how and when notices are given to affected local governments for certain licenses.
  • It also updates reporting and notification rules for maltreatment of vulnerable adults.

• Statutory changes

  • The bill would amend multiple statutes (including sections related to licensing and oversight) and add a new subdivision related to these changes.

Significant Changes to Existing Law

• Adds explicit considerations of proximity to other facilities for small-capacity assisted living facilities.
• Creates or expands authority for delegating inspections to local governments.
• Updates notification requirements to local political subdivisions for certain licenses.
• Updates reporting/notification requirements for maltreatment of vulnerable adults.
• Introduces proximity-based licensing restrictions with specific exceptions.
• Expands grounds and conditions for licensing actions, including stricter enforcement based on information accuracy and cooperation with inspections.

Implementation Notes

• Targeted to assisted living facilities with six or fewer licensed beds and to related residential programs.
• Requires coordination between state health and human services departments and local governments for inspections and licensing decisions.
• Changes affect how closeness to other facilities and local approvals (like certificates of need and zoning permits) influence licensure.

Relevant Terms assisted living facility, licensed resident capacity, six or fewer, provisional license, license renewal, compliance history, repeat violations, suspension, termination, inspection, ombudsman, certificate of need, proximity, 650 feet, residential program, interim use permit, special use permit, notification, affected political subdivisions, maltreatment of vulnerable adults, delegation of inspections, health and human services, licensing action, denial, reconsideration.