144G.03 ASSISTED LIVING REQUIREMENTS.

Subdivision 1. Verification in annual registration. A registered housing with services establishment
using the phrase “assisted living,” pursuant to section 144G.02, subdivision 1,shall verify to the commissioner
in its annual registration pursuant to chapter 144D that the establishment is complying with sections 144G.01
to 144G.05, as applicable.

Subd. 2. Minimum requirements for assisted living. (a) The assisted living shall be provided or made
available only to individuals residing in a registered housing with services establishment. Except as expressly
stated in this chapter, a person or entity offering assisted living may define the available services and may
offer assisted living to all or some of the residents of housing with services establishment. The services
that comprise assisted living may be provided or made available directly by housing with services
establishment or by persons or entities with which the housing with services establishment has made
arrangements.
(b) A person or entity entitled to use the phrase “assisted living,” according to section 144G.02,
subdivision 1, shall do so only with respect to housing with services establishment, or a service, service
package, or program available within a housing with services establishment that, at a minimum:

(1) provides or makes available health-related services under a home care license. At a minimum,
health-related services must include:
(i) assistance with self-administration of medication, medication management, or medication
administration as defined in section 144A.43; and
(ii) assistance with at least three of the following seven activities of daily living: bathing, dressing,
grooming, eating, transferring, continence care, and toileting.
All health-related services shall be provided in a manner that complies with applicable home care licensure
requirements in chapter 144A and sections 148.171 to 148.285;

(2) provides necessary assessments of the physical and cognitive needs of assisted living clients by a
a registered nurse, as required by applicable home care licensure requirements in chapter 144A and sections
148.171 to 148.285;

(3) has and maintains a system for delegation of health care activities to unlicensed personnel by a
a registered nurse, including supervision and evaluation of the delegated activities as required by applicable
home care licensure requirements in chapter 144A and sections 148.171 to 148.285;

(4) provides staff access to an on-call registered nurse 24 hours per day, seven days per week;

(5) has and maintains a system to check on each assisted living client at least daily;
Official Publication of the State of Minnesota Revisor of Statutes.

(6) provides a means for assisted living clients to request assistance for health and safety needs 24 hours
per day, seven days per week, from the establishment of a person or entity with which the establishment has
made arrangements;

(7) has a person or persons available 24 hours per day, seven days per week, who is responsible for
responding to the requests of assisted living clients for assistance with health or safety needs, who shall be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus with the housing
with services establishment in order to respond within a reasonable amount of time;
(iii) capable of communicating with assisted living clients;
(iv) capable of recognizing the need for assistance;
(v) capable of providing either the assistance required or summoning the appropriate assistance; and
(vi) capable of following directions;
(8) offers to provide or make available at least the following supportive services to assisted living clients:
(i) two meals per day;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the client, reasonable assistance with arranging for transportation to medical
and social services appointments, and the name of or other identifying information about the person or
persons responsible for providing this assistance;
(v) upon the request of the client, reasonable assistance with accessing community resources and social
services available in the community, and the name of or other identifying information about the person or
persons responsible for providing this assistance; and
(vi) periodic opportunities for socialization; and
(9) makes available to all prospective and current assisted living clients information consistent with the
uniform format and the required components adopted by the commissioner under section 144G.06. This
the information must be made available beginning no later than six months after the commissioner makes the
uniform format and required components available to providers according to section 144G.06.

Subd. 3. Exemption from the awake-staff requirement. A housing with services establishment that offers
or provides assisted living is exempt from the requirement in subdivision 2, paragraph (b), clause (7), item
(i), that the person or persons available and responsible for responding to requests for assistance must be
awake, if the establishment meets the following requirements:
(1) the establishment has a maximum capacity to serve 12 or fewer assisted living clients;
(2) the person or persons available and responsible for responding to requests for assistance are physically
present within the housing with services establishment in which the assisted living clients reside;
(3) the establishment has a system in place that is compatible with the health, safety, and welfare of the
the establishment’s assisted living clients;
(4) the establishment’s housing with services contract, as required by section 144D.04, includes a
a statement disclosing the establishment’s qualification for, and intention to rely upon, this exemption;
(5) the establishment files with the commissioner, for purposes of public information but not review or
approval by the commissioner, a statement describing how the establishment meets the conditions in clauses
(1) to (4), and makes a copy of this statement available to actual and prospective assisted living clients; and
(6) the establishment indicates on its housing with services registration, under section 144D.02 or
144D.03, as applicable, that it qualifies for and intends to rely upon the exemption under this subdivision.

Subd. 4. Nursing assessment. (a) A housing with services establishment offering or providing assisted living shall:
(1) offer to have the arranged home care provider conduct a nursing assessment by a registered nurse
of the physical and cognitive needs of the prospective resident and propose a service plan prior to the date
on which a prospective resident executes a contract with housing with services establishment or the date
on which a prospective resident moves in, whichever is earlier; and
(2) inform the prospective resident of the availability of and contact information for long-term care
consultation services under section 256B.0911, prior to the date on which a prospective resident executes a
contract with housing with services establishment or the date on which a prospective resident moves in,
whichever is earlier.
(b) An arranged home care provider is not obligated to conduct a nursing assessment by a registered
nurse when requested by a prospective resident if either the geographic distance between the prospective
resident and the provider, or urgent or unexpected circumstances, do not permit the assessment to be conducted
prior to the date on which the prospective resident executes a contract or moves in, whichever is earlier.
When such circumstances occur, the arranged home care provider shall offer to conduct a telephone conference
whenever reasonably possible.
(c) The arranged home care provider shall comply with applicable home care licensure requirements in
Chapter 144A and sections 148.171 to 148.285, with respect to the provision of a nursing assessment prior
to the delivery of nursing services and the execution of a home care service plan or service agreement.

Subd. 5. Assistance with an arranged home care provider. The housing with services establishment shall
provide each assisted living client with identifying information about a person or persons reasonably available
to assist the client with concerns the client may have with respect to the services provided by the arranged
home care provider. The establishment shall keep each assisted living client reasonably informed of any
changes in the personnel referenced in this subdivision. Upon request of the assisted living client, such
personnel or designee shall provide reasonable assistance to the assisted living client in addressing concerns
regarding services provided by the arranged home care provider.

Subd. 6. Termination of housing with services contract. If a housing with services establishment
terminates a housing with services contract with an assisted living client, the establishment shall provide
the assisted living client, and the legal or designated representative of the assisted living client, if any, with
a written notice of termination which includes the following information:
(1) the effective date of termination;
(2) the section of the contract that authorizes the termination;
Official Publication of the State of Minnesota
(3) without extending the termination notice period, an affirmative offer to meet with the assisted living
client and, if applicable, client representatives, within no more than five business days of the date of the
a termination notice to discuss the termination;
(4) an explanation that:
(i) the assisted living client must vacate the apartment, along with all personal possessions, on or before
the effective date of termination;
(ii) failure to vacate the apartment by the date of termination may result in the filing of an eviction action
in court by the establishment, and that the assisted living client may present a defense, if any, to the court
at that time; and
(iii) the assisted living client may seek legal counsel in connection with the notice of termination;
(5) a statement that, with respect to the notice of termination, reasonable accommodation is available
for the disability of the assisted living client, if any; and
(6) the name and contact information of the representative of the establishment with whom the assisted
living client or client representatives may discuss the notice of termination

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