Subdivision 1. Closure plan required. In the event that an assisted living facility elects to voluntarily close the facility, the facility must notify the commissioner, the Office of Ombudsman for Long-Term Care, and the Office of Ombudsman for Mental Health and Developmental Disabilities in writing by submitting a proposed closure plan.
Subd. 2. Content of closure plan. The facility's proposed closure plan must include:
(1) the procedures and actions the facility will implement to notify residents of the closure, including a copy of the written notice to be given to residents, designated representatives, legal representatives, and family and other resident contacts;
(2) the procedures and actions the facility will implement to ensure all residents receive appropriate termination planning in accordance with section 144G.55, and final accountings and returns under section 144G.42, subdivision 5;
(3) assessments of the needs and preferences of individual residents; and
(4) procedures and actions the facility will implement to maintain compliance with this chapter until all residents have relocated.
Subd. 3. Commissioner's approval required prior to implementation. (a) The plan shall be subject to the commissioner's approval and subdivision 6. The facility shall take no action to close the residence prior to the commissioner's approval of the plan. The commissioner shall approve or otherwise respond to the plan as soon as practicable.
(b) The commissioner may require the facility to work with a transitional team comprised of department staff, staff of the Office of Ombudsman for Long-Term Care, the Office of Ombudsman for Mental Health and Developmental Disabilities, and other professionals the commissioner deems necessary to assist in the proper relocation of residents.
Subd. 4. Termination planning and final accounting requirements. Prior to termination, the facility must follow the termination planning requirements under section 144G.55, and final accounting and return requirements under section 144G.42, subdivision 5, for residents. The facility must implement the plan approved by the commissioner and ensure that arrangements for relocation and continued care that meet each resident's social, emotional, and health needs are effectuated prior to closure.
Subd. 5. Notice to residents. After the commissioner has approved the relocation plan and at least 60 calendar days before closing, except as provided under subdivision 6, the facility must notify residents, designated representatives, and legal representatives of the closure, the proposed date of closure, the contact information of the Ombudsman for Long-Term Care and the Ombudsman for Mental Health and Developmental Disabilities, and that the facility will follow the termination planning requirements under section 144G.55, and final accounting and return requirements under section 144G.42, subdivision 5. For residents who receive home and community-based waiver services under chapter 256S and section 256B.49, the facility must also provide this information to the resident's case manager.
Subd. 6. Emergency closures. (a) In the event the facility must close because the commissioner deems the facility can no longer remain open, the facility must meet all requirements in subdivisions 1 to 5, except for any requirements the commissioner finds would endanger the health and safety of residents. In the event the commissioner determines a closure must occur with less than 60 calendar days' notice, the facility shall provide notice to residents as soon as practicable or as directed by the commissioner.
(b) Upon request from the commissioner, the facility must provide the commissioner with any documentation related to the appropriateness of its relocation plan, or to any assertion that the facility lacks the funds to comply with subdivisions 1 to 5, or that remaining open would otherwise endanger the health and safety of residents pursuant to paragraph (a).
Subd. 7. Other rights. Nothing in this section affects the rights and remedies available under chapter 504B.
Subd. 8. Fine. The commissioner may impose a fine for failure to follow the requirements of this section.
2019 c 54 art 1 s 33; 2019 c 60 art 1 s 33,47; 2022 c 98 art 1 s 48-50
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.