144G.42 BUSINESS OPERATION.
Subdivision 1. Display of license. The original current license must be displayed at the main entrance
of each assisted living facility. The facility must provide a copy of the license to any person who requests
it.
Subd. 2. Quality management. The facility shall engage in quality management appropriate to the size
of the facility and relevant to the type of services provided. “Quality management activity” means evaluating
the quality of care by periodically reviewing resident services, complaints made, and other issues that have
occurred and determining whether changes in services, staffing, or other procedures need to be made in
order to ensure safe and competent services to residents. Documentation about quality management activity
must be available for two years. Information about quality management must be available to the commissioner
at the time of the survey, investigation, or renewal.
Subd. 3. Facility restrictions. (a) This subdivision does not apply to licensees that are Minnesota counties
or other units of government.
(b) A facility or staff person may not:
(1) accept a power-of-attorney from residents for any purpose, and may not accept appointments as
guardians or conservators of residents; or
(2) borrow a resident’s funds or personal or real property, nor in any way convert a resident’s property
to the possession of the facility or staff person.
(c) A facility may not serve as a resident’s legal, designated, or another representative.
(d) Nothing in this subdivision precludes a facility or staff person from accepting gifts of minimal value
or precludes acceptance of donations or bequests made to a facility that is exempt from section 501(c)(3)
of the Internal Revenue Code.
Subd. 4. Handling residents’ finances and property. (a) A facility may assist residents with household
budgeting, including paying bills and purchasing household goods, but may not otherwise manage a resident’s
property.
(b) Where funds are deposited with the facility by the resident, the licensee:
(1) retains fiduciary and custodial responsibility for the funds;
(2) is directly accountable to the resident for the funds; and
(3) must maintain records of and provide a resident with receipts for all transactions and purchases made
with the resident’s funds. When receipts are not available, the transaction or purchase must be documented.
(c) Subject to paragraph (d), if responsibilities for day-to-day management of the resident funds are
delegated to the manager, the manager must:
(1) provide the licensee with a monthly accounting of the resident funds; and
(2) meet all legal requirements related to holding and accounting for resident funds.
(d) The facility must ensure any party responsible for holding or managing residents’ personal funds is
bonded or obtains insurance in sufficient amounts to specifically cover losses of resident funds and provides
proof of the bond or insurance.
Subd. 5. Final accounting; return of money and property. Within 30 days of the effective date of a
facility-initiated or resident-initiated termination of housing or services or the death of the resident, the
facility must:
(1) provide to the resident, resident’slegal representative, and resident’s designated representative a final
statement of account;
(2) provide any refunds due;
(3) return any money, property, or valuables held in trust or custody by the facility; and
(4) as required under section 504B.178, refund the resident’s security deposit unless it is applied to the
first month’s charges.
Subd. 6. Compliance with requirements for reporting maltreatment of vulnerable adults; abuse
prevention plan. (a) The assisted living facility must comply with the requirements for the reporting of
maltreatment of vulnerable adults in section 626.557. The facility must establish and implement a written
procedure to ensure that all cases of suspected maltreatment are reported.
(b) The facility must develop and implement an individual abuse prevention plan for each vulnerable
adult. The plan shall contain an individualized review or assessment of the person’s susceptibility to abuse
by another individual, including other vulnerable adults; the person’srisk of abusing other vulnerable adults;
and statements of the specific measures to be taken to minimize the risk of abuse to that person and other
vulnerable adults. For purposes of the abuse prevention plan, abuse includes self-abuse.
Subd. 7. Posting information for reporting suspected crime and maltreatment. The facility shall
support protection and safety through access to the state’s systems for reporting suspected criminal activity
and suspected vulnerable adult maltreatment by:
(1) posting the 911 emergency number in common areas and near telephones provided by the assisted
living facility;
(2) posting information and the reporting number for the Minnesota Adult Abuse Reporting Center to
report suspected maltreatment of a vulnerable adult under section 626.557; and
(3) providing reasonable accommodations with information and notices in plain language.
Subd. 8. Employee records. (a) The facility must maintain current records of each paid employee, each
regularly scheduled volunteer providing services, and each individual contractor providing services. The
records must include the following information:
(1) evidence of current professional licensure, registration, or certification if licensure, registration, or
certification is required by this chapter or rules;
(2) records of orientation, required annual training and infection control training, and competency
evaluations;
(3) current job description, including qualifications, responsibilities, and identification of staff persons
providing supervision;
(4) documentation of annual performance reviewsthat identify areas of improvement needed and training
needs;
(5) for individuals providing assisted living services, verification that required health screenings under
subdivision 9 have taken place and the dates of those screenings; and
(6) documentation of the background study as required under section 144.057.
(b) Each employee record must be retained for at least three years after a paid employee, volunteer, or
contractor ceases to be employed by, provide services at, or be under contract with the facility. If a facility
ceases operation, employee records must be maintained for three years after facility operations cease.
Subd. 9. Tuberculosis prevention and control. The facility must establish and maintain a comprehensive
tuberculosisinfection control program according to the most current tuberculosisinfection control guidelines
issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis
Elimination, as published in the CDC’s Morbidity and Mortality Weekly Report (MMWR). The program
must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and regularly scheduled volunteers. The commissionershall provide technical assistance regarding
implementation of the guidelines.
Subd. 10. Disaster planning and emergency preparedness plan. (a) The facility must meet the
following requirements:
(1) have a written emergency disaster plan that contains a plan for evacuation, addresses elements of
sheltering in place, identifies temporary relocation sites, and details staff assignments in the event of a
disaster or an emergency;
(2) post an emergency disaster plan prominently;
(3) provide building emergency exit diagrams to all residents;
(4) post emergency exit diagrams on each floor; and
(5) have a written policy and procedure regarding missing tenant residents.
(b) The facility must provide emergency and disaster training to allstaff during the initialstaff orientation
and annually thereafter and must make emergency and disaster training annually available to all residents.
Staff who have not received emergency and disaster training are allowed to work only when trained staff
are also working on site.
(c) The facility must meet any additional requirements adopted in rule.