Subdivision 1. Regulatory powers. (a) The Department of Health is the exclusive state agency charged
with the responsibility and duty of surveying and investigating all assisted living facilities required to be
licensed under this chapter. The commissioner of health shall enforce all sections of this chapter and the
rules adopted under this chapter.
(b) The commissioner, upon request to the facility, must be given access to relevant information, records,
incident reports, and other documents in the possession of the facility if the commissioner considers them
necessary for the discharge of responsibilities. For purposes of surveys and investigations and securing
information to determine compliance with licensure laws and rules, the commissioner need not present a
release, waiver, or consent to the individual. The identities of residents must be kept private as defined in
section 13.02, subdivision 12.

Subd. 2. Surveys. The commissioner shall conduct a survey of each assisted living facility on a frequency
of at least once every two years. The commissioner may conduct surveys more frequently than every two
years based on the license category, the facility’s compliance history, the number of residents served, or
other factors as determined by the commissioner deemed necessary to ensure the health, safety, and welfare
of residents and compliance with the law.

Subd. 3. Scheduling surveys. Surveys and investigations shall be conducted without advance notice to
the facilities. Surveyors may contact the facility on the day of a survey to arrange for someone to be available
at the survey site. The contact does not constitute advance notice. The surveyor must provide presurvey
notification to the Office of Ombudsman for Long-Term Care.

Subd. 4. Information provided by the facility. (a) The assisted living facility shall provide accurate and
truthful information to the department during a survey, investigation, or other licensing activities.
(b) Upon request of a surveyor, assisted living facilities shall within a reasonable period of time provide
a list of current and past residents and their legal representatives and designated representatives that includes
addresses and telephone numbers and any other information requested about the services to residents.

Subd. 5. Correction orders. (a) A correction order may be issued whenever the commissioner finds
upon survey or during a complaint investigation that a facility, a managerial official, or an employee of the
facility is not in compliance with this chapter. The correction order shall cite the specific statute and document
areas of noncompliance and the time allowed for correction.
(b) The commissioner shall mail or e-mail copies of any correction order to the facility within 30 calendar
days after the survey exit date. A copy of each correction order and copies of any documentation supplied
to the commissioner shall be kept on file by the facility and public documents shall be made available for
viewing by any person upon request. Copies may be kept electronically.
(c) By the correction order date, the facility must document in the facility’s records any action taken to
comply with the correction order. The commissioner may request a copy of this documentation and the
facility’s action to respond to the correction order in future surveys, upon a complaint investigation, and as
otherwise needed.

Subd. 6. Follow-up surveys. The commissioner may conduct follow-up surveys to determine if the
the facility has corrected deficient issues and systems identified during a survey or complaint investigation.
Follow-up surveys may be conducted via phone, e-mail, fax, mail, or on-site reviews. Follow-up surveys,
other than complaint investigations shall be concluded with an exit conference and written information
provided on the process for requesting a reconsideration of the survey results.
Subd. 7. Required follow-up surveys. For assisted living facilities that have Level 3 or Level 4 violations
under section 144G.31, the commissioner shall conduct a follow-up survey within 90 calendar days of the
survey. When conducting a follow-up survey, the surveyor shall focus on whether the previous violations
have been corrected and may also address any new violations that are observed while evaluating the corrections
that have been made.

Subd. 8. Notice of noncompliance. If the commissioner finds that the applicant or a facility has not
corrected violations by the date specified in the correction order or conditional license resulting from a
surveyor complaint investigation, the commissioner shall provide a notice of noncompliance with a correction
order by e-mailing the notice of noncompliance to the facility. The noncompliance notice must list the
violations not corrected.