144G.53 NONRENEWAL OF HOUSING.
(a) If a facility decides to not renew a resident’s housing under a contract, the facility must either (1)
provide the resident with 60 calendar days’ notice of the nonrenewal and assistance with relocation planning,
or (2) follow the termination procedure under section 144G.52.
(b) The notice must include the reason for the nonrenewal and contact information of the Office of
Ombudsman for Long-Term Care
(c) A facility must:
(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;
(2) for residents who receive home and community-based waiver services under chapter 256S and section
256B.49, provide notice to the resident’s case manager;
(3) ensure a coordinated move to a safe location, as defined in section 144G.55, subdivision 2, that is
appropriate for the resident;
(4) ensure a coordinated move to an appropriate service provider identified by the facility, if services
are still needed and desired by the resident;
(5) consult and cooperate with the resident, legal representative, designated representative, case manager
for a resident who receives home and community-based waiver services under chapter 256S and section
256B.49, relevant health professionals, and any other persons of the resident’s choosing to make arrangements
to move the resident, including consideration of the resident’s goals; and
(6) prepare a written plan to prepare for the move.
(d) A resident may decline to move to the location the facility identifies or to accept services from a
service provider the facility identifies, and may instead choose to move to a location of the resident’s choosing
or receive services from a service provider of the resident’s choosing within the timeline prescribed in the
nonrenewal notice.
144G.54 APPEALS OF CONTRACT TERMINATIONS.
Subdivision 1. Right to appeal. Residents have the right to appeal the termination of an assisted living
contract.
Subd. 2. Permissible grounds to appeal the termination. A resident may appeal a termination initiated
under section 144G.52, subdivision 3, 4, or 5, on the ground that:
(1) there is a factual dispute as to whether the facility had a permissible basis to initiate the termination;
(2) the termination would result in great harm or the potential for great harm to the resident as determined
by the totality of the circumstances, except in circumstances where there is a greater risk of harm to other
residents or staff at the facility;
(3) the resident has cured or demonstrated the ability to cure the reasons for the termination or has
identified a reasonable accommodation or modification, intervention, or alternative to the termination; or
(4) the facility has terminated the contract in violation of state or federal law.
Subd. 3. Appeals process. (a) The Office of Administrative Hearings must conduct an expedited hearing
as soon as practicable under this section, but in no event later than 14 calendar days after the office receives
the request, unless the parties agree otherwise or the chief administrative law judge deems the timing to be
unreasonable, given the complexity of the issues presented.
(b) The hearing must be held at the facility where the resident lives unless holding the hearing at that
location is impractical, the parties agree to hold the hearing at a different location, or the chief administrative
law judge grants a party’s request to appear at another location or by telephone or interactive video.
(c) The hearing is not a formal contested case proceeding, except when determined necessary by the
chief administrative law judge.
(d) Parties may but are not required to be represented by counsel. The appearance of a party without
counsel does not constitute unauthorized practice of law.
(e) The hearing shall be limited to the amount of time necessary for the participants to expeditiously
present the facts about the proposed termination. The administrative law judge shall issue a recommendation
to the commissioner as soon as practicable but in no event later than ten business days after the hearing.
Subd. 4. Burden of proof for appeals of termination. (a) The facility bears the burden of proof to
establish by a preponderance of the evidence that the termination was permissible if the appeal is brought
on the ground listed in subdivision 2, clause (4).
(b) The resident bears the burden of proof to establish by a preponderance of the evidence that the
termination was permissible if the appeal is brought on the ground listed in subdivision 2, clause (2) or (3).
Subd. 5. Determination; content of the order. (a) The resident’s termination must be rescinded if the
resident prevails in the appeal.
(b) The order may contain any conditions that may be placed on the resident’s continued residency or
receipt of services, including but not limited to changes to the service plan or a required increase in services.
Subd. 6. Service provision while appeal pending. A termination of housing or services shall not occur
while an appeal is pending. If additional services are needed to meet the health or safety needs of the resident
while an appeal is pending, the resident is responsible for contracting for those additional services from the
facility or another provider and for ensuring the costs for those additional services are covered.
Subd. 7. Application of chapter 504B to appeals of terminations. A resident may not bring an action
under chapter 504B to challenge a termination that has occurred and been upheld under this section.
144G.55 COORDINATED MOVES.
Subdivision 1. Duties of the facility. (a) If a facility terminates an assisted living contract, reduces services
to the extent that a resident needs to move, or conducts a planned closure under section 144G.57, the facility:
(1) must ensure, subject to paragraph (c), a coordinated move to a safe location that is appropriate for
the resident and that is identified by the facility prior to any hearing under section 144G.54;
(2) must ensure a coordinated movement of the resident to an appropriate service provider identified by the
facility prior to any hearing under section 144G.54, provided services are still needed and desired by the
resident; and
(3) must consult and cooperate with the resident, legal representative, designated representative, case
manager for a resident who receives home and community-based waiver services under chapter 256S and
section 256B.49, relevant health professionals, and any other persons of the resident’s choosing to make
arrangements to move the resident, including consideration of the resident’s goals.
(b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by moving the resident
to a different location within the same facility, if appropriate for the resident.
(c) A resident may decline to move to the location the facility identifies or to accept services from a
service provider the facility identifies, and may choose instead to move to a location of the resident’s choosing
or receive services from a service provider of the resident’s choosing within the timeline prescribed in the
termination notice.
(d) Sixty days before the facility plans to reduce or eliminate one or more services for a particular
resident, the facility must provide written notice of the reduction that includes:
(1) a detailed explanation of the reasons for the reduction and the date of the reduction;
(2) the contact information for the Office of Ombudsman for Long-Term Care and the name and contact
information of the person employed by the facility with whom the resident may discuss the reduction of
services;
(3) a statement that if the services being reduced are still needed by the resident, the resident may remain
in the facility and seek services from another provider; and
(4) a statement that if the reduction makes the resident need to move, the facility must participate in a
the coordinated move of the resident to another provider or caregiver, as required under this section.
(e) In the event of an unanticipated reduction in services caused by extraordinary circumstances, the
the facility must provide the notice required under paragraph (d) as soon as possible.
(f) If the facility, a resident, a legal representative, or a designated representative determines that a
reduction in services will make a resident need to move to a new location, the facility must ensure a
coordinated move in accordance with this section, and must provide notice to the Office of Ombudsman for
Long-Term Care.
(g) Nothing in this section affects a resident’s right to remain in the facility and seek services from
another provider.
Subd. 2. Safe location. A safe location is not a private home where the occupant is unwilling or unable
to care for the resident, a homeless shelter, a hotel, or a motel. A facility may not terminate a resident’s
housing or services if the resident will, as the result of the termination, become homeless, as that term is
defined in section 116L.361, subdivision 5, or if an adequate and safe discharge location or adequate and
needed service provider has not been identified. This subdivision does not preclude a resident from declining
to move to the location the facility identifies.
Subd. 3. Relocation plan required. The facility must prepare a relocation plan to prepare for the move
to the new location or service provider.
Subd. 4. License restrictions. Unless otherwise ordered by the commissioner, if a facility’s license is
restricted by the commissioner under section 144G.20 such that a resident must move or obtain a new service
provider, the facility must comply with this section.
Subd. 5. No waiver. The rights established under this section for the benefit of residents do not limit
any other rights available under other law. No facility may request or require that any resident waive the
resident’s rights at any time for any reason, including as a condition of admission to the facility.