144G.33 INNOVATION VARIANCE.
Subdivision 1. Definition; granting variances. (a) For purposes of this section, “innovation variance”
means a specified alternative to a requirement of this chapter.
(b) An innovation variance may be granted to allow an assisted living facility to offer services of a type
or in a manner that is innovative, will not impair the services provided, will not adversely affect the health,
safety, or welfare of the residents, and is likely to improve the services provided. The innovative variance
cannot change any of the resident’s rights under the assisted living bill of rights.
Subd. 2. Conditions. The commissioner may impose conditions on granting an innovation variance that
the commissioner considers it necessary.
Subd. 3. Duration and renewal. The commissioner may limit the duration of any innovation variance
and may renew a limited innovation variance.
Subd. 4. Applications; innovation variance. An application for innovation variance from the
requirements of this chapter may be made at any time, must be made in writing to the commissioner, and
must specify the following:
(1) the statute or rule from which the innovation variance is requested;
(2) the time period for which the innovation variance is requested;
(3) the specific alternative action that the licensee proposes;
(4) the reasons for the request; and
(5) the justification that an innovation variance will not impair the services provided, will not adversely
affect the health, safety, or welfare of residents, and is likely to improve the services provided.
The commissioner may require additional information from the facility before acting on the request.
Subd. 5. Grants and denials. The commissioner shall grant or deny each request for an innovation
variance in writing within 45 days of receipt of a complete request. Notice of denial shall contain the
reasons for the denial. The terms of a requested innovation variance may be modified upon agreement
between the commissioner and the facility.
Subd. 6. Violation of innovation variances. A failure to comply with the terms of an innovation variance
shall be deemed to be a violation of this chapter.
Subd. 7. Revocation or denial of renewal. The commissioner shall revoke or deny renewal of an
innovation variance if:
(1) it is determined that the innovation variance is adversely affecting the health, safety, or welfare of
(2) the facility has failed to comply with the terms of the innovation variance;
(3) the facility notifies the commissioner in writing that it wishes to relinquish the innovation variance
and be subject to the statute previously varied; or
(4) the revocation or denial is required by a change in the law.