Subdivision 1. Background studies required. (a) Before the commissioner issues a provisional license, issues a license as a result of an approved change of ownership, or renews a license, a managerial official or a natural person who is an owner with direct ownership interest is required to undergo a background study under section 144.057. No person may be involved in the management, operation, or control of an assisted living facility if the person has been disqualified under chapter 245C. For the purposes of this section, managerial officials subject to the background study requirement are individuals who provide direct contact. Nothing in this section shall be construed to prohibit the facility from requiring self-disclosure of criminal conviction information.
(b) The commissioner shall not issue a license if any controlling individual, including a managerial official, has been unsuccessful in having a background study disqualification set aside under section 144.057 and chapter 245C.
(c) Termination of an employee in good faith reliance on information or records obtained under this section regarding a confirmed conviction does not subject the assisted living facility to civil liability or liability for unemployment benefits.
Subd. 2. Reconsideration. (a) If the individual requests reconsideration of a disqualification under section 144.057 or chapter 245C and the commissioner sets aside or rescinds the disqualification, the individual is eligible to be involved in the management, operation, or control of the facility.
(b) If an individual has a disqualification under section 245C.15, subdivision 1, and the disqualification is affirmed, the individual's disqualification is barred from a set aside, and the individual must not be involved in the management, operation, or control of the facility.
Subd. 3. Data classification. Data collected under this section shall be classified as private data on individuals under section 13.02, subdivision 12.
2019 c 60 art 1 s 7,47
Structure Minnesota Statutes
Chapter 144G — Assisted Living
Section 144G.08 — Definitions.
Section 144G.09 — Commissioner Oversight And Authority Over Assisted Living Facilities.
Section 144G.10 — Assisted Living Facility License.
Section 144G.11 — Applicability Of Other Laws.
Section 144G.12 — Application For Licensure.
Section 144G.13 — Background Studies Of License Applicants.
Section 144G.15 — Consideration Of Applications.
Section 144G.16 — Provisional License.
Section 144G.17 — License Renewal.
Section 144G.18 — Notification Of Changes In Information.
Section 144G.19 — Transfer Of License Prohibited.
Section 144G.20 — Enforcement.
Section 144G.30 — Surveys And Investigations.
Section 144G.31 — Violations And Fines.
Section 144G.32 — Reconsideration Of Correction Orders And Fines.
Section 144G.33 — Innovation Variance.
Section 144G.40 — Housing And Services.
Section 144G.401 — Payment For Services Under Disability Waivers.
Section 144G.41 — Minimum Assisted Living Facility Requirements.
Section 144G.42 — Business Operation.
Section 144G.43 — Resident Record Requirements.
Section 144G.45 — Minimum Site, Physical Environment, And Fire Safety Requirements.
Section 144G.50 — Assisted Living Contract Requirements.
Section 144G.51 — Arbitration.
Section 144G.52 — Assisted Living Contract Terminations.
Section 144G.53 — Nonrenewal Of Housing.
Section 144G.54 — Appeals Of Contract Terminations.
Section 144G.55 — Coordinated Moves.
Section 144G.56 — Transfer Of Residents Within Facility.
Section 144G.57 — Planned Closures.
Section 144G.60 — Staffing Requirements.
Section 144G.61 — Staff Competency Evaluations.
Section 144G.62 — Delegation And Supervision.
Section 144G.63 — Orientation And Annual Training Requirements.
Section 144G.64 — Training In Dementia Care Required.
Section 144G.71 — Medication Management.
Section 144G.72 — Treatment And Therapy Management Services.
Section 144G.84 — Services For Residents With Dementia.
Section 144G.90 — Required Notices.
Section 144G.91 — Assisted Living Bill Of Rights.
Section 144G.911 — Restrictions Under Home And Community-based Waivers.
Section 144G.92 — Retaliation Prohibited.
Section 144G.93 — Consumer Advocacy And Legal Services.
Section 144G.9999 — Resident Quality Of Care And Outcomes Improvement Task Force.