144G.41 MINIMUM ASSISTED LIVING FACILITY REQUIREMENTS.

Subdivision 1. Minimum requirements. All assisted living facilities shall:
(1) distribute to residents the assisted living bill of rights;
(2) provide services in a manner that complies with the Nurse Practice Act in sections 148.171 to 148.285;
(3) utilize a person-centered planning and service delivery process;
(4) have and maintain 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 the Nurse
Practice Act in sections 148.171 to 148.285;
(5) provide a means for residents to request assistance for health and safety needs 24 hours per day,
seven days per week;
(6) allow residents the ability to furnish and decorate the resident’s unit within the terms of the assisted
living contract;
(7) permit residents access to food at any time;
(8) allow residents to choose the resident’s visitors and times of visits;
(9) allow the resident the right to choose a roommate if sharing a unit;
(10) notify the resident of the resident’s right to have and use a lockable door to the resident’s unit. The
licensee shall provide the locks on the unit. Only a staff member with a specific need to enter the unit shall
have keys, and advance notice must be given to the resident before entrance, when possible. An assisted
living facility must not lock a resident in the resident’s unit;
(11) develop and implement a staffing plan for determining its staffing level that:
(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness of staffing levels
in the facility;
(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably foreseeable unscheduled
needs of each resident as required by the residents’ assessments and service plans on a 24-hour per day basis;
and
(iii) ensures that the facility can respond promptly and effectively to individual resident emergencies
and to an emergency, life safety, and disaster situations affecting staff or residents in the facility;
(12) ensure that one or more persons are available 24 hours per day, seven days per week, who are
responsible for responding to the requests of residents for assistance with health or safety needs. Such persons
must be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus with the facility in
order to respond within a reasonable amount of time;
(iii) capable of communicating with residents;
(iv) capable of providing or summoning the appropriate assistance; and
(v) capable of following directions; and
(13) offer to provide or make available at least the following services to residents:
(i) at least three nutritious meals daily with snacks available seven days per week, according to the
recommended dietary allowances in the United States Department of Agriculture (USDA) guidelines,
including seasonal fresh fruit and fresh vegetables. The following apply:
(A) menus must be prepared at least one week in advance, and made available to all residents. The
facility must encourage residents’ involvement in menu planning. Meal substitutions must be of similar
nutritional value if a resident refuses a food that is served. Residents must be informed in advance of menu
changes;
(B) food must be prepared and served according to the Minnesota Food Code, Minnesota Rules, chapter
4626; and
(C) the facility cannot require a resident to include and pay for meals in their contract;
(ii) weekly housekeeping;
(iii) weekly laundry service;
(iv) upon the request of the resident, provide direct or reasonable assistance with arranging for
transportation to medical and social services appointments, shopping, and other recreation, and provide the
name of or other identifying information about the persons responsible for providing this assistance;
(v) upon the request of the resident, provide reasonable assistance with accessing community resources
and social services available in the community, and provide the name of or other identifying information
about persons responsible for providing this assistance;
(vi) provide culturally sensitive programs; and
(vii) have a daily program of social and recreational activities that are based upon individual and group
interests, physical, mental, and psychosocial needs, and that creates opportunities for active participation in
the community at large.

Subd. 2. Policies and procedures. Each assisted living facility must have policies and procedures in
place to address the following and keep them current:
(1) requirements in section 626.557, reporting of maltreatment of vulnerable adults;
(2) conducting and handling background studies on employees;
(3) orientation, training, and competency evaluations of staff, and a process for evaluating staff
performance;
(4) handling complaints regarding staff or services provided by staff;
(5) conducting initial evaluations of residents’ needs and the providers’ ability to provide those services;
(6) conducting initial and ongoing resident evaluations and assessments of resident needs, including
assessments by a registered nurse or appropriate licensed health professional, and how changesin a resident’s
condition are identified, managed, and communicated to staff and other health care providers as appropriate;
(7) orientation to and implementation of the assisted living bill of rights;
(8) infection control practices;
(9) reminders for medications, treatments, or exercises, if provided;
(10) conducting appropriate screenings, or documentation of prior screenings, to show that staff are free
of tuberculosis, consistent with current United States Centers for Disease Control and Prevention standards;
(11) ensuring that nurses and licensed health professionals have current and valid licenses to practice;
(12) medication and treatment management;
(13) delegation of tasks by registered nurses or licensed health professionals;
(14) supervision of registered nurses and licensed health professionals; and
(15) supervision of unlicensed personnel performing delegated tasks.

Subd. 3. Infection control program. All assisted living facilities must establish and maintain an infection
control program.

Subd. 4. Clinical nurse supervision. All assisted living facilities must have a clinical nurse supervisor
who is a registered nurse licensed in Minnesota.

Subd. 5. Resident councils. The facility must provide a resident council with space and privacy for
meetings, where doing so is reasonably achievable. Staff, visitors, and other guests may attend a resident
council meeting only at the council’s invitation. The facility must designate a staff person who is approved
by the resident council to be responsible for providing assistance and responding to written requests that
result from meetings. The facility must consider the views of the resident council and must respond promptly
to the grievances and recommendations of the council, but a facility is not required to implement as
recommended every request of the council. The facility shall, with the approval of the resident council, take
reasonably achievable steps to make residents aware of upcoming meetings in a timely manner.

Subd. 6. Family councils. The facility must provide a family council with space and privacy for meetings,
where doing so is reasonably achievable. The facility must designate a staff person who is approved by the
family council to be responsible for providing assistance and responding to written requests that result from
meetings. The facility must consider the views of the family council and must respond promptly to the
grievances and recommendations of the council, but a facility is not required to implement as recommended
every request of the council. The facility shall, with the approval of the family council, take reasonably
achievable steps to make residents and family members aware of upcoming meetings in a timely manner.

Subd. 7. Resident grievances; reporting maltreatment. All facilities must post inconspicuous place
information about the facilities’ grievance procedure, and the name, telephone number, and e-mail contact
information for the individuals who are responsible for handling resident grievances. The notice must also
have the contact information for the state and applicable regional Office of Ombudsman for Long-Term
Care and the Office of Ombudsman for Mental Health and Developmental Disabilities, and must-have
information for reporting suspected maltreatment to the Minnesota Adult Abuse Reporting Center.

Subd. 8. Protecting resident rights. All facilities shall ensure that every resident has access to consumer
advocacy or legal services by:
(1) providing names and contact information, including telephone numbers and e-mail addresses of at
least three organizations that provide advocacy or legal services to residents;
(2) providing the name and contact information for the Minnesota Office of Ombudsman for Long-Term
Care and the Office of Ombudsman for Mental Health and Developmental Disabilities, including both the
state and regional contact information;
(3) assisting residents obtaining information on whether Medicare or medical assistance under chapter
256B will pay for services;
(4) making reasonable accommodations for people who have communication disabilities and those who
speak a language other than English; and
(5) providing all information and notices in plain language and in terms, the residents can understand.

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