144G.50 ASSISTED LIVING CONTRACT REQUIREMENTS.
Subdivision 1. Contract required. (a) An assisted living facility may not offer or provide housing or
assisted living services to a resident unless it has executed a written contract with the resident.
(b) The contract must contain all the terms concerning the provision of:
(1) housing;
(2) assisted living services, whether provided directly by the facility or by management agreement or
other agreement; and
(3) the resident’s service plan, if applicable.
(c) A facility must:
(1) offer to prospective residents and provide to the Office of Ombudsman for Long-Term Care a
complete unsigned copy of its contract; and
(2) give a complete copy of any signed contract and any addendums, and all supporting documents and
attachments, to the resident promptly after a contract and any addendum has been signed.
(d) A contract under this section is a consumer contract under sections 325G.29 to 325G.37.
(e) Before or at the time of execution of the contract, the facility must offer the resident the opportunity
to identify a designated representative according to subdivision 3.
(f) The resident must agree in writing to any additions or amendments to the contract. Upon agreement
between the resident and the facility, a new contract or an addendum to the existing contract must be executed
and signed.
Subd. 2. Contract information. (a) The contract must include in a conspicuous place and manner on
the contract the legal name and the license number of the facility.
(b) The contract must include the name, telephone number, and physical mailing address, which may
not be a public or private post office box, of:
(1) the facility and contracted service provider when applicable;
(2) the licensee of the facility;
(3) the managing agent of the facility, if applicable; and
(4) the authorized agent for the facility.
(c) The contract must include:
(1) disclosure of the category of assisted living facility license held by the facility and, if the facility
is not an assisted living facility with dementia care, a disclosure that it does not hold an assisted living facility
with dementia care license;
(2) a description of all the terms and conditions of the contract, including a description of and any
limitations to the housing or assisted living services to be provided for the contracted amount;
(3) a delineation of the cost and nature of any other services to be provided for an additional fee;
(4) a delineation and description of any additional fees the resident may be required to pay if the resident’s
condition changes during the term of the contract;
(5) a delineation of the grounds under which the resident may be discharged, evicted, or transferred or
have services terminated;
(6) billing and payment procedures and requirements; and
(7) disclosure of the facility’s ability to provide specialized diets.
(d) The contract must include a description of the facility’s complaint resolution process available to
residents, including the name and contact information of the person representing the facility who is designated
to handle and resolve complaints.
(e) The contract must include a clear and conspicuous notice of:
(1) the right under section 144G.54 to appeal the termination of an assisted living contract;
(2) the facility’s policy regarding transfer of residents within the facility, under what circumstances a
the transfer may occur, and the circumstances under which resident consent is required for a transfer;
(3) contact information for the Office of Ombudsman for Long-Term Care, the Ombudsman for Mental
Health and Developmental Disabilities, and the Office of Health Facility Complaints;
(4) the resident’s right to obtain services from an unaffiliated service provider;
(5) a description of the facility’s policies related to medical assistance waivers under chapter 256S and
section 256B.49 and the housing support program under chapter 256I, including:
(i) whether the facility is enrolled with the commissioner of human services to provide customized living
services under medical assistance waivers;
(ii) whether the facility has an agreement to provide housing support under section 256I.04, subdivision
2, paragraph (b);
(iii) whether there is a limit on the number of people residing at the facility who can receive customized
living services or participate in the housing support program at any point in time. If so, the limit must be
provided;
(iv) whether the facility requires a resident to pay privately for a period of time prior to accepting payment
under medical assistance waivers or the housing support program, and if so, the length of time that private
payment is required;
(v) a statement that medical assistance waivers provide payment for services, but do not cover the cost
of rent;
(vi) a statement that residents may be eligible for assistance with rent through the housing support
program; and
(vii) a description of the rent requirements for people who are eligible for medical assistance waivers
but who are not eligible for assistance through the housing support program;
(6) the contact information to obtain long-term care consulting services under section 256B.0911; and
(7) the toll-free phone number for the Minnesota Adult Abuse Reporting Center.
Subd. 3. Designation of representative. (a) Before or at the time of execution of an assisted living
contract, an assisted living facility must offer the resident the opportunity to identify a designated
representative in writing in the contract and must provide the following verbatim notice on a document
separate from the contract:
“RIGHT TO DESIGNATE A REPRESENTATIVE FOR CERTAIN PURPOSES.
You have the right to name anyone as your “Designated Representative.” A Designated Representative
can assist you, receive certain information and notices about you, including some information related to
your health care, and advocate on your behalf. A Designated Representative does not take the place of your
guardian, conservator, power of attorney (“attorney-in-fact”), or health care power of attorney (“health care
agent”), if applicable.”
(b) The contract must contain a page or space for the name and contact information of the designated
representative and a box the resident must initial if the resident declines to name a designated representative.
Notwithstanding subdivision 1, paragraph (f), the resident hasthe right at any time to add, remove, or change
the name and contact information of the designated representative.
Subd. 4. Filing. The contract and related documents must be maintained by the facility in files from the
date of execution until five years after the contract is terminated or expires. The contracts and all associated
documents must be available for on-site inspection by the commissioner at any time. The documents shall
be available for viewing or copies shall be made available to the resident and the legal or designated
representative at any time.
Subd. 5. Waivers of liability prohibited. The contract must not include a waiver of facility liability for
the health and safety or personal property of a resident. The contract must not include any provision that the
facility knows or should know to be deceptive, unlawful, or unenforceable under state or federal law, nor
include any provision that requires or implies a lesser standard of care or responsibility than is required by
law.
144G.51 ARBITRATION.
(a) An assisted living facility must clearly and conspicuously disclose, in writing in an assisted living
contract, any arbitration provision in the contract that precludes, limits, or delays the ability of a resident
from taking a civil action.
(b) An arbitration requirement must not include a choice of law or choice of venue provision. Assisted
living contracts must adhere to Minnesota law and any other applicable federal or local law.
144G.52 ASSISTED LIVING CONTRACT TERMINATIONS.
Subdivision 1. Definition. For purposes of sections 144G.52 to 144G.55, “termination” means:
(1) a facility-initiated termination of housing provided to the resident under the contract; or
(2) a facility-initiated termination or nonrenewal of all assisted living servicesthe resident receivesfrom
the facility under the contract.
Subd. 2. Prerequisite to termination of a contract. (a) Before issuing a notice of termination of an
assisted living contract, a facility must schedule and participate in a meeting with the resident and the
resident’s legal representative and designated representative. The purposes of the meeting are to:
(1) explain in detail the reasons for the proposed termination; and
(2) identify and offer reasonable accommodations or modifications, interventions, or alternatives to
avoid the termination or enable the resident to remain in the facility, including but not limited to securing
services from another provider of the resident’s choosing that may allow the resident to avoid the termination.
A facility is not required to offer accommodations, modifications, interventions, or alternatives that
fundamentally alter the nature of the operation of the facility.
(b) The meeting must be scheduled to take place at least seven days before a notice of termination is
issued. The facility must make reasonable efforts to ensure that the resident, legal representative, and
designated representative are able to attend the meeting.
(c) The facility must notify the resident that the resident may invite family members, relevant health
professionals, a representative of the Office of Ombudsman for Long-Term Care, or other persons of the
resident’s choosing to participate in the meeting. For residents who receive home and community-based
waiver services under chapter 256S and section 256B.49, the facility must notify the resident’s case manager
of the meeting.
(d) In the event of an emergency relocation under subdivision 9, where the facility intends to issue a
notice of termination and an in-person meeting is impractical or impossible, the facility may attempt to
schedule and participate in a meeting under this subdivision via telephone, video, or other means.
Subd. 3. Termination for nonpayment. (a) A facility may initiate a termination of housing because of
nonpayment of rent or a termination of services because of nonpayment for services. Upon issuance of a
notice of termination for nonpayment, the facility must inform the resident that public benefits may be
available and must provide contact information for the Senior LinkAge Line under section 256.975,
subdivision 7.
(b) An interruption to a resident’s public benefits that lasts for no more than 60 days does not constitute
nonpayment.
Subd. 4. Termination for violation of the assisted living contract. A facility may initiate a termination
of the assisted living contract if the resident violates a lawful provision of the contract and the resident does
not cure the violation within a reasonable amount of time after the facility provides written notice of the
ability to cure to the resident. Written notice of the ability to cure may be provided in person or by first class
mail. A facility is not required to provide a resident with written notice of the ability to cure for a violation
that threatens the health or safety of the resident or another individual in the facility, or for a violation that
constitutes illegal conduct.
Subd. 5. Expedited termination. (a) A facility may initiate an expedited termination of housing or
services if:
(1) the resident has engaged in conduct that substantially interferes with the rights, health, or safety of
other residents;
(2) the resident has engaged in conduct that substantially and intentionally interferes with the safety or
physical health of facility staff; or
(3) the resident has committed an act listed in section 504B.171 that substantially interferes with the
rights, health, or safety of other residents.
(b) A facility may initiate an expedited termination of services if:
(1) the resident has engaged in conduct that substantially interferes with the resident’s health or safety;
(2) the resident’s assessed needs exceed the scope of services agreed upon in the assisted living contract
and are not included in the services the facility disclosed in the uniform checklist; or
(3) extraordinary circumstances exist, causing the facility to be unable to provide the resident with the
services disclosed in the uniform checklist that are necessary to meet the resident’s needs.
Subd. 6. Right to use the provider of resident’s choosing. A facility may not terminate the assisted living contract
if the underlying reason for termination may be resolved by the resident obtaining services from
another provider of the resident’s choosing and the resident obtain those services.
Subd. 7. Notice of contract termination required. (a) A facility terminating a contract must issue a
written notice of termination according to this section. The facility must also send a copy of the termination
notice to the Office of Ombudsman for Long-Term Care and, for residents who receive home and
community-based waiver services under chapter 256S and section 256B.49, to the resident’s case manager,
as soon as practicable after providing notice to the resident. A facility may terminate an assisted living
contract only as permitted under subdivisions 3, 4, and 5.
(b) A facility terminating a contract under subdivision 3 or 4 must provide a written termination notice
at least 30 days before the effective date of the termination to the resident, legal representative, and designated
representative.
(c) A facility terminating a contract under subdivision 5 must provide a written termination notice at
least 15 days before the effective date of the termination to the resident, legal representative, and designated
representative.
(d) If a resident moves out of a facility or cancels services received from the facility, nothing in this
section prohibits a facility from enforcing against the resident any notice periods with which the resident
must comply under the assisted living contract.
Subd. 8. Content of notice of termination. The notice required under subdivision 7 must contain, at a
minimum:
(1) the effective date of the termination of the assisted living contract;
(2) a detailed explanation of the basis for the termination, including the clinical or other supporting
rationale;
(3) a detailed explanation of the conditions under which a new or amended contract may be executed;
(4) a statement that the resident has the right to appeal the termination by requesting a hearing, and
information concerning the time frame within which the request must be submitted and the contact information
for the agency to which the request must be submitted;
(5) a statement that the facility must participate in a coordinated move to another provider or caregiver,
as required under section 144G.55;
(6) the name and contact information of the person employed by the facility with whom the resident
may discuss the notice of termination;
(7) information on how to contact the Office of Ombudsman for Long-Term Care to request an advocate
to assist regarding the termination;
(8) information on how to contact the Senior LinkAge Line under section 256.975, subdivision 7, and
an explanation that the Senior LinkAge Line may provide information about other available housing or
service options; and
(9) if the termination is only for services, a statement that the resident may remain in the facility and
may secure any necessary services from another provider of the resident’s choosing.
Subd. 9. Emergency relocation. (a) A facility may remove a resident from the facility in an emergency
if necessary due to a resident’s urgent medical needs or an imminent risk the resident poses to the health or
safety of another facility resident or facility staff member. An emergency relocation is not a termination.
(b) In the event of an emergency relocation, the facility must provide a written notice that contains, at
a minimum:
(1) the reason for the relocation;
(2) the name and contact information for the location to which the resident has been relocated and any
new service provider;
(3) contact information for the Office of Ombudsman for Long-Term Care;
(4) if known and applicable, the approximate date or range of dates within which the resident is expected
to return to the facility, or a statement that a return date is not currently known; and
(5) a statement that, if the facility refuses to provide housing or services after a relocation, the resident
has the right to appeal under section 144G.54. The facility must provide contact information for the agency
to which the resident may submit an appeal.
(c) The notice required under paragraph (b) must be delivered as soon as practicable to:
(1) the resident, legal representative, and designated representative;
(2) for residents who receive home and community-based waiverservices under chapter 256S and section
256B.49, the resident’s case manager; and
(3) the Office of Ombudsman for Long-Term Care if the resident has been relocated and has not returned
to the facility within four days.
(d) Following an emergency relocation, a facility’s refusal to provide housing or services constitutes a
termination and triggers the termination process in this section.
Subd. 10. Right to return. If a resident is absent from a facility for any reason, including an emergency
relocation, the facility shall not refuse to allow a resident to return if termination of housing has not been
effectuated.