Subdivision 1. Transfers prohibited. An assisted living facility license may not be transferred to another party.
Subd. 2. New license required. (a) A prospective licensee must apply for a license prior to operating a currently licensed assisted living facility. The new license, if issued, shall not be a provisional license. The licensee must change whenever one of the following events occur:
(1) the form of the licensee's legal entity structure is converted or changed to a different type of legal entity structure;
(2) the licensee dissolves, consolidates, or merges with another legal organization and the licensee's legal organization does not survive;
(3) within the previous 24 months, 50 percent or more of the licensee is transferred, whether by a single transaction or multiple transactions, to:
(i) a different person; or
(ii) a person who had less than a five percent ownership interest in the facility at the time of the first transaction; or
(4) any other event or combination of events that results in a substitution, elimination, or withdrawal of the licensee's responsibility for the facility.
(b) The prospective licensee must provide written notice to the department at least 60 calendar days prior to the anticipated date of the change of licensee.
Subd. 3. Survey required. For all new licensees after a change of ownership, the commissioner shall complete a survey within six months after the new license is issued.
Subd. 4. Change of licensee. Notwithstanding any other provision of law, a change of licensee under subdivision 2 does not require the facility to meet the design requirements of section 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3.
2019 c 60 art 1 s 6,47; 2022 c 98 art 1 s 24
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.