Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given them.
(b) "Covered setting" means an unlicensed setting providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, supportive services. For the purposes of this section, covered setting does not mean:
(1) emergency shelter, transitional housing, or any other residential units serving exclusively or primarily homeless individuals, as defined under section 116L.361;
(2) a nursing home licensed under chapter 144A;
(3) a hospital, certified boarding care, or supervised living facility licensed under sections 144.50 to 144.56;
(4) a lodging establishment licensed under chapter 157 and Minnesota Rules, parts 9520.0500 to 9520.0670, or under chapter 245D, 245G, or 245I;
(5) services and residential settings licensed under chapter 245A, including adult foster care and services and settings governed under the standards in chapter 245D;
(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services;
(7) a duly organized condominium, cooperative, and common interest community, or owners' association of the condominium, cooperative, and common interest community where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units;
(8) temporary family health care dwellings as defined in sections 394.307 and 462.3593;
(9) settings offering services conducted by and for the adherents of any recognized church or religious denomination for its members exclusively through spiritual means or by prayer for healing;
(10) housing financed pursuant to sections 462A.37 and 462A.375, units financed with low-income housing tax credits pursuant to United States Code, title 26, section 42, and units financed by the Minnesota Housing Finance Agency that are intended to serve individuals with disabilities or individuals who are homeless, except for those developments that market or hold themselves out as assisted living facilities and provide assisted living services;
(11) rental housing developed under United States Code, title 42, section 1437, or United States Code, title 12, section 1701q;
(12) rental housing designated for occupancy by only elderly or elderly and disabled residents under United States Code, title 42, section 1437e, or rental housing for qualifying families under Code of Federal Regulations, title 24, section 983.56;
(13) rental housing funded under United States Code, title 42, chapter 89, or United States Code, title 42, section 8011; or
(14) an assisted living facility licensed under chapter 144G.
(c) "'I'm okay' check services" means providing a service to, by any means, check on the safety of a resident.
(d) "Resident" means a person entering into written contract for housing and services with a covered setting.
(e) "Supportive services" means:
(1) assistance with laundry, shopping, and household chores;
(2) housekeeping services;
(3) provision of meals or assistance with meals or food preparation;
(4) help with arranging, or arranging transportation to, medical, social, recreational, personal, or social services appointments; or
(5) provision of social or recreational services.
Arranging for services does not include making referrals or contacting a service provider in an emergency.
[See Note.]
Subd. 2. Disclosure of "I'm okay" check services. (a) A covered setting must prominently disclose in a written contract whether or not the setting itself or through a provider with which the setting has a business agreement offers "I'm okay" check services.
(b) If the resident contracts for "I'm okay" check services, the written contract must detail the nature, extent, and frequency of the provision of these services.
(c) A covered setting must disclose to prospective residents that the facility is not licensed as an assisted living facility under chapter 144G and, notwithstanding any contract for "I'm okay" check services, is not permitted to provide assisted living services, as defined in section 144G.08, subdivision 9, either directly or through a provider under a business relationship or other affiliation with the covered setting.
History: 2019 c 60 art 1 s 47; art 3 s 4; 2021 c 30 art 17 s 112
NOTE: The amendment to subdivision 1 by Laws 2021, chapter 30, article 17, section 112, is effective upon federal approval. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained. Laws 2021, chapter 30, article 17, section 114.
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325F — Consumer Protection; Products And Sales
Section 325F.01 — Asbestos Used In Building And Remodeling.
Section 325F.015 — Unsafe Bleachers.
Section 325F.02 — Manufacture, Storage, Or Sale Of Matches.
Section 325F.03 — Flame Resistant Public Assembly Tents.
Section 325F.04 — Flame Resistant Tents And Sleeping Bags.
Section 325F.06 — Civil Penalties.
Section 325F.07 — Criminal Penalty.
Section 325F.071 — Flame-retardant Chemicals; Prohibition.
Section 325F.072 — Firefighting Foam.
Section 325F.075 — Food Packaging; Pfas.
Section 325F.08 — Importation, Manufacture, Sale Or Distribution Of Hazardous Articles.
Section 325F.09 — Definitions.
Section 325F.10 — Banning Of Hazardous Articles; Rules.
Section 325F.11 — Testing Of Articles To Determine And Insure Compliance.
Section 325F.12 — Repurchase Of Banned Articles.
Section 325F.13 — Banned Hazardous Toys; Prohibitions.
Section 325F.135 — Unsafe Recalled Toys; Prohibition On Sale.
Section 325F.14 — Hazardous Toys; Seizure.
Section 325F.15 — Commissioner's Right Of Access To Premises, Records.
Section 325F.171 — Crib Safety.
Section 325F.172 — Definitions.
Section 325F.173 — Bisphenol-a In Certain Children's Products.
Section 325F.174 — Bisphenol-a In Children's Food Containers.
Section 325F.175 — Bisphenol-a Replacement Chemicals.
Section 325F.176 — Definitions.
Section 325F.177 — Formaldehyde In Children's Products; Ban.
Section 325F.178 — Formaldehyde Replacement Chemicals.
Section 325F.179 — Enforcement.
Section 325F.18 — Duty Of Manufacturer.
Section 325F.181 — Formaldehyde Product Standard.
Section 325F.185 — Electric Vehicle Infrastructure.
Section 325F.19 — Home Insulation; Consumer Protection; Definitions.
Section 325F.20 — Specifications For Manufacture, Labeling, And Installation Of Insulation.
Section 325F.21 — Testing Of Insulation.
Section 325F.22 — Unfair And Deceptive Advertising Practices.
Section 325F.23 — Marking, Labeling, And Consumer Information.
Section 325F.24 — Enforcement; Penalties.
Section 325F.245 — Landscape Application Contracts.
Section 325F.25 — Definitions.
Section 325F.26 — Use Of Secondhand Material Forbidden In Certain Cases.
Section 325F.27 — Sale Of Bedding.
Section 325F.28 — Material Must Be Renovated.
Section 325F.29 — Sales Forbidden; Exceptions; Penalties.
Section 325F.30 — Shoddy Material To Be Labeled.
Section 325F.31 — Bedding To Be Labeled.
Section 325F.32 — Feathers To Be Renovated.
Section 325F.34 — Testimony; Production Of Books And Documents.
Section 325F.35 — Definitions.
Section 325F.36 — Manufacture And Sale Of Cotton Duck Or Canvas; Stamps, Brands, And Marks.
Section 325F.37 — Certain Sales Unlawful; Misstatements Forbidden.
Section 325F.39 — Unlawful To Deface Mark.
Section 325F.40 — Violations; Penalties.
Section 325F.41 — Testimony; Production Of Books And Documents.
Section 325F.42 — Fraud In The Sale Of Fur Wearing Apparel.
Section 325F.43 — Imitation Indian-made Goods To Be Branded.
Section 325F.45 — Goods Not To Be Sold Without Brand.
Section 325F.47 — Misrepresentation Of Blind-made Articles Or Products.
Section 325F.48 — Prison-made Goods Are Subject To Laws Of State.
Section 325F.51 — Operation Of Airport Foreign Currency Exchanges.
Section 325F.53 — Retail Merchandise; Price Marking.
Section 325F.55 — Local Ordinance Preempted.
Section 325F.56 — Definitions.
Section 325F.57 — Service Calls.
Section 325F.61 — Return Of Property.
Section 325F.62 — Required Shop Practices.
Section 325F.63 — Remedies; Penalties.
Section 325F.65 — Preemption By State.
Section 325F.662 — Sale Of Used Motor Vehicles.
Section 325F.664 — New Motor Vehicle Damage Disclosures.
Section 325F.6641 — Disclosure Of Vehicle Damage.
Section 325F.6642 — Title Branding.
Section 325F.6643 — Remedies; Penalties.
Section 325F.665 — New Motor Vehicle Warranties; Manufacturer's Duty To Repair, Refund, Or Replace.
Section 325F.6651 — Definitions.
Section 325F.6652 — Notice To Consumer.
Section 325F.6653 — Manufacturer's Duty To Repair.
Section 325F.6654 — Manufacturer's Duty To Refund Or Replace.
Section 325F.6655 — Extension Of Warranty.
Section 325F.6656 — Alternative Dispute Settlement.
Section 325F.6657 — Affirmative Defenses.
Section 325F.6658 — Limitation On Actions.
Section 325F.6659 — Remedy Nonexclusive.
Section 325F.666 — Unlawful Reassignment Of Certain Motor Vehicle Contracts.
Section 325F.6670 — Equipment Required At Time Of Sale.
Section 325F.67 — False Statement In Advertisement.
Section 325F.675 — Fraud Related To Consumer Telephone Records.
Section 325F.68 — Definitions.
Section 325F.69 — Unlawful Practices.
Section 325F.691 — Unreasonable Delay In Mortgage Loan Closing.
Section 325F.692 — Fraudulent Telephone Services; Billing.
Section 325F.693 — Fraudulent Telephone Services; Slamming.
Section 325F.694 — False Or Misleading Commercial Electronic Mail Messages.
Section 325F.696 — Liability For Unauthorized Use Of Cellular Telephones.
Section 325F.697 — Live Check Solicitation Prohibited.
Section 325F.698 — Smartphone Antitheft Protection.
Section 325F.71 — Senior Citizens And Disabled Persons; Additional Civil Penalty For Deceptive Acts.
Section 325F.72 — Disclosure Of Special Care Status Required.
Section 325F.721 — Provision Of "i'm Okay" Check Services.
Section 325F.722 — Consumer Protections For Exempt Settings.
Section 325F.73 — Fraudulent Sale Of Gold And Silver; Penalty.
Section 325F.731 — Definitions.
Section 325F.733 — License; Application; Terms And Conditions.
Section 325F.734 — Identification Of Sellers.
Section 325F.735 — Records Required.
Section 325F.736 — Required Holding Period.
Section 325F.737 — Additional Holding Period.
Section 325F.739 — Certain Purchases Prohibited.
Section 325F.741 — Payment By Check.
Section 325F.742 — Governmental Subdivisions May Regulate.
Section 325F.743 — Criminal Penalty.
Section 325F.744 — Civil Penalty.
Section 325F.755 — Prize Notices And Solicitations.
Section 325F.76 — Definitions.
Section 325F.77 — Promotional Distribution.
Section 325F.781 — Requirements; Tobacco Product Delivery Sales.
Section 325F.783 — Auto Glass Repair Or Replacement.
Section 325F.784 — Prescription Drug Discounts.
Section 325F.785 — Sales Of Hiv Home Collection Kits And Hypodermic Syringes And Needles.
Section 325F.79 — Definitions.
Section 325F.791 — Sales Of Dogs And Cats.
Section 325F.792 — Additional Penalties.
Section 325F.795 — Unauthorized Possession Of Merchandise Pallets.
Section 325F.80 — Retail Sales Of Consumer Goods; Refunds.
Section 325F.81 — Replica Firearms; Warning Label.
Section 325F.82 — Definitions.
Section 325F.83 — Regulation Of Automatic Garage Door Opening Systems.
Section 325F.84 — Definitions.
Section 325F.85 — Application Of Other Law.
Section 325F.86 — Disclosures.
Section 325F.87 — Form Requirements.
Section 325F.88 — Advertising.
Section 325F.90 — Lessee's Reinstatement Rights.
Section 325F.91 — Prohibited Practices.
Section 325F.92 — Lessor's Communications Concerning Lessee.
Section 325F.93 — Early Purchase Option.
Section 325F.94 — Claims And Defenses.
Section 325F.95 — Liability; Liability Damage Waiver.
Section 325F.96 — Exempted Transaction.
Section 325F.97 — Penalties And Remedies.
Section 325F.981 — Check Cashing Practices.
Section 325F.982 — Consumer Identification Information.
Section 325F.985 — Definitions.
Section 325F.986 — Exclusivity Agreements.
Section 325F.987 — Limitation On Actions.
Section 325F.988 — Nonapplication.
Section 325F.99 — Telephone Calls; Fees; Long-distance Carriers; Notice.
Section 325F.991 — 911 Emergency Phone Service Representations.
Section 325F.992 — Prohibition Of Assignment Of Military Pay Or Military Benefits.