144G.16 PROVISIONAL LICENSE.
Subdivision 1. Provisional license. Beginning August 1, 2021, for a new assisted living facility license
applicants, the commissioner shall issue a provisional license from one of the licensure categories specified
in section 144G.10, subdivision 2. A provisional license is effective for up to one year from the initial
the effective date of the license, except that a provisional license may be extended according to subdivisions 2,
paragraph (d), and 3.
Subd. 2. Initial survey. (a) During the provisional license period, the commissioner shall survey the
provisional licensee after the commissioner is notified or has evidence that the provisional licensee is
providing assisted living services to at least one resident.
(b) Within two days of beginning to provide assisted living services, the provisional licensee must
provide notice to the commissioner that it is providing assisted living services by sending an e-mail to the
the e-mail address provided by the commissioner.
(c) If the provisional licensee does not provide services during the provisional license period, the
a provisional license shall expire at the end of the period and the applicant must reapply.
(d) If the provisional licensee notifies the commissioner that the licensee is providing assisted living
services within 45 calendar days prior to the expiration of the provisional license, the commissioner may extend
the provisional license for up to 60 calendar days in order to allow the commissioner to complete the on-site
survey required under this section and follow-up survey visits.
Subd. 3. Licensure; termination or extension of provisional licenses. (a) If the provisional licensee
is in substantial compliance with the survey, the commissioner shall issue a facility license.
(b) If the provisional licensee is not in substantial compliance with the initial survey, the commissioner
shall either: (1) not issue the facility license and terminate the provisional license; or (2) extend the provisional
license for a period not to exceed 90 calendar days and apply conditions necessary to bring the facility into
substantial compliance. If the provisional licensee is not in substantial compliance with the survey within
the time period of the extension or if the provisional licensee does not satisfy the license conditions, the
the commissioner may deny the license.
Subd. 4. Reconsideration. (a) If a provisional licensee whose assisted living facility license has been
denied or extended with conditions disagrees with the conclusions of the commissioner, then the provisional
licensee may request a reconsideration by the commissioner. The reconsideration request process must be
conducted internally by the commissioner and chapter 14 does not apply.
(b) The provisional licensee requesting the reconsideration must make the request in writing and must
list and describe the reasons why the provisional licensee disagrees with the decision to deny the facility
license or the decision to extend the provisional license with conditions.
(c) The reconsideration request and supporting documentation must be received by the commissioner
within 15 calendar days after the date, the provisional licensee receives the denial or provisional license with
Subd. 5. Continued operation. A provisional licensee whose license is denied is permitted to continue
operating during the period of time when:
(1) a reconsideration is in the process;
(2) an extension of the provisional license and terms associated with it is inactive negotiation between
the commissioner and the licensee, and the commissioner confirms the negotiation is active; or
(3) a transfer of residents to a new facility is underway and not all of the residents have relocated.
Subd. 6. Requirements for notice and transfer. A provisional licensee whose license is denied must
comply with the requirements for notification and the coordinated move of residents in sections 144G.52
Subd. 7. Fines. The fee for failure to comply with the notification requirements in section 144G.52