(a) Before issuing a provisional license or license or renewing a license, the commissioner shall consider an applicant's compliance history in providing care in this state or any other state in a facility that provides care to children, the elderly, ill individuals, or individuals with disabilities.
(b) The applicant's compliance history shall include repeat violation, rule violations, and any license or certification involuntarily suspended or terminated during an enforcement process.
(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide complete and accurate information on the application and the commissioner concludes that the missing or corrected information is needed to determine if a license shall be granted;
(2) the applicant, knowingly or with reason to know, made a false statement of a material fact in an application for the license or any data attached to the application or in any matter under investigation by the department;
(3) the applicant refused to allow agents of the commissioner to inspect its books, records, and files related to the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way: (i) the work of any authorized representative of the commissioner, the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities; or (ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult protection, county case managers, or other local government personnel;
(5) the applicant, owner, controlling individual, managerial official, or assisted living director for the facility has a history of noncompliance with federal or state regulations that were detrimental to the health, welfare, or safety of a resident or a client; or
(6) the applicant violates any requirement in this chapter.
(d) If a license is denied, the applicant has the reconsideration rights available under section 144G.16, subdivision 4.
2019 c 60 art 1 s 10,47; 2022 c 98 art 1 s 22
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.