144G.56 TRANSFER OF RESIDENTS WITHIN FACILITY.

Subdivision 1. Definition. For the purposes of this section, “transfer” means a move of a resident within
the facility to a different room or another private living unit.

Subd. 2. Orderly transfer. A facility must provide for the safe, orderly, coordinated, and appropriate
transfer of residents within the facility.

Subd. 3. Notice required. (a) A facility must provide at least 30 calendar days advance written notice
to the resident and the resident’s legal and designated representative of a facility-initiated transfer. The notice
must include:
(1) the effective date of the proposed transfer;
(2) the proposed transfer location;
(3) a statement that the resident may refuse the proposed transfer, and may discuss any consequences
of a refusal with a staff of the facility;
(4) the name and contact information of a person employed by the facility with whom the resident may
discuss the notice of transfer; and
(5) contact information for the Office of Ombudsman for Long-Term Care.
(b) Notwithstanding paragraph (a), a facility may conduct a facility-initiated transfer of a resident with
less than 30 days written notice if the transfer is necessary due to:
(1) conditions that render the resident’s room or private living unit uninhabitable;
(2) the resident’s urgent medical needs; or
(3) a risk to the health or safety of another resident of the facility.

Subd. 4. Consent required. The facility may not transfer a resident without first obtaining the resident’s
consent to the transfer unless:
(1) there are conditions that render the resident’s room or private living unit uninhabitable; or
(2) there is a change in facility operations as described in subdivision 5.

Subd. 5. Changes in facility operations. (a) In situations where there is a curtailment, reduction, or
capital improvement within a facility necessitating transfers, the facility must:
(1) minimize the number of transfers it initiates to complete the project or change in operations;
(2) consider individual resident needs and preferences;
(3) provide reasonable accommodations for individual resident requests regarding the transfers; and
(4) in advance of any notice to any residents, legal representatives, or designated representatives, provide
notice to the Office of Ombudsman for Long-Term Care and, when appropriate, the Office of Ombudsman
for Mental Health and Developmental Disabilities of the curtailment, reduction, or capital improvement and
the corresponding needed transfers.

Subd. 6. Evaluation. If a resident consents to a transfer, reasonable modifications must be made to the
new room or private living unit that are necessary to accommodate the resident’s disabilities. The facility
must evaluate the resident’s individual needs before deciding whether the room or unit to which the resident
will be moved is appropriate to the resident’s psychological, cognitive, and health care needs, including the
accessibility of the bathroom.

Subd. 7. Disclosure. When entering into the assisted living contract, the facility must provide a
conspicuous notice of the circumstance under which the facility may require a transfer, including any transfer
that may be required if the resident will be receiving housing support under section 256I.06

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