144G.40 HOUSING AND SERVICES

Subdivision 1. Responsibility for housing and services. The facility is directly responsible to the
resident for all housing and service-related matters provided, irrespective of a management contract. Housing
and service-related matters include but are not limited to the handling of complaints, the provision of notices,
and the initiation of any adverse action against the resident involving housing or services provided by the
facility.

Subd. 2. Uniform checklist disclosure of services. (a) All assisted living facilities must provide to
prospective residents:
(1) disclosure of the categories of assisted living licenses available and the category of license held
by the facility;
(2) a written checklist listing all services permitted under the facility’s license, identifying all services
the facility offers to provide under the assisted living facility contract and identifying all services allowed
under the license that the facility does not provide; and
(3) an oral explanation of the services offered under the contract.
(b) The requirements of paragraph (a) must be completed prior to the execution of the assisted living
contract.
(c) The commissioner must, in consultation with all interested stakeholders, design the uniform checklist
disclosure form for use as provided under paragraph (a).

Subd. 3. Reservation of rights. Nothing in this chapter:
(1) requires a resident to utilize any service provided by or through, or made available in, a facility;
(2) prevents a facility from requiring, as a condition of the contract, that the resident pay for a package
of services even if the resident does not choose to use all orsome of the servicesin the package. For residents
who are eligible for home and community-based waiver services under chapter 256S and section 256B.49,
payment for services will follow the policies of those programs;
(3) requires a facility to fundamentally alter the nature of the operations of the facility in order to
accommodate a resident’s request; or
(4) affects the duty of a facility to grant a resident’s request for reasonable accommodations.

144G.401 PAYMENT FOR SERVICES UNDER DISABILITY WAIVERS.
For new assisted living facilities that did not operate as registered housing with services establishments
prior to August 1, 2021, home and community-based services under section 256B.49 are not available when
the new facility setting is adjoined to, or on the same property as, an institution as defined in Code of Federal
Regulations, title 42, section 441.301(c).

FEATURED COMMUNITY PARTNERS

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