144G.02 ASSISTED LIVING; PROTECTED TITLE; REGULATORY FUNCTION.
Subdivision 1. Protected title; restriction on use. No person or entity may use the phrase “assisted
living,” whether alone or in combination with other words and whether orally or in writing, to advertise,
market, or otherwise describe, offer, or promote itself, or any housing, service, service package, or program
that it provides within this state unless the person or entity is a housing with services establishment that
meets the requirements of this chapter, or is a person or entity that provides some or all components of
assisted living that meet the requirements of this chapter. A person or entity entitled to use the phrase “assisted
living” shall use the phrase only in the context of its participation in assisted living that meets the requirements
of this chapter. A housing with services establishment offering or providing assisted living that is not made
available to residents in all of its housing units shall identify the number or location of the units in which
assisted living is available, and may not use the term “assisted living” in the name of the establishment
registered with the commissioner under chapter 144D, or in the name, the establishment uses to identify itself
to residents or the public.
Subd. 2. Authority of the commissioner. (a) The commissioner, upon receipt of information that may
indicate the failure of housing with services establishment, the arranged home care provider, an assisted
living client or an assisted living client’s representative to comply with a legal requirement to which one or
more of the entities may be subject, shall make appropriate referrals to other governmental agencies and
entities having jurisdiction over the subject matter. The commissioner may also make referrals to any public
or private agency the commissioner considers available for appropriate assistance to those involved.
(b) In addition to the authority with respect to licensed home care providers under section 144A.45 and
with respect to housing with services establishments under chapter 144D, the commissioner shall have
standing to bring an action for injunctive relief in the district court in the district in which a housing with
services establishment is located to compel the housing with services establishment or the arranged home
care provider to meet the requirements of this chapter or other requirements of the state or of any county or
local governmental unit to which the establishment or arranged home care provider is otherwise subject.
Proceedings for securing an injunction may be brought by the commissioner through the attorney general
Official Publication of the State of Minnesota. The revisor of Statutes or through the appropriate county attorney.
The sanctions in this section do not restrict the availability of
other sanctions.