A bill for an act
relating to health; expanding settings subject to assisted living licensure; modifying
requirements for settings exempt from assisted living licensure; amending
Minnesota Statutes 2022, sections 144G.08, subdivision 7; 325F.722, subdivision
1, by adding subdivisions; repealing Minnesota Statutes 2022, section 325F.722,
subdivisions 2, 3, 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 144G.08, subdivision 7, is amended to read:
"Assisted living facility" means a facility that provides
sleeping accommodations and assisted living services to one or more adults. Assisted living
facility includes assisted living facility with dementia care, and does not include:
(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) a private home in which the residents are related by kinship, law, or affinity with the
provider 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) a temporary family health care dwelling as defined in sections 394.307 and 462.3593;
(9) a setting 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;
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(11) rental housing developed under United States Code, title 42, section 1437, or United
States Code, title 12, section 1701q;
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(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;
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(13) rental housing funded under United States Code, title 42, chapter 89, or United
States Code, title 42, section 8011;
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deleted text begin (14)deleted text end new text begin (11)new text end a covered setting as defined in section 325F.721, subdivision 1, paragraph (b);
or
deleted text begin (15)deleted text end new text begin (12)new text end any establishment that exclusively or primarily serves as a shelter or temporary
shelter for victims of domestic or any other form of violence.
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This section is effective January 1, 2025.
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Minnesota Statutes 2022, section 325F.722, subdivision 1, is amended to read:
(a) For the purposes of this section, the following terms have
the meanings given.
(b) new text begin "Assisted living services" has the meaning given in section 144G.08, subdivision 9.
new text end
new text begin (c) new text end "Exempt setting" means a setting deleted text begin thatdeleted text end new text begin in which assisted living services are provided
but whichnew text end is exempted from assisted living facility licensure under section 144G.08,
subdivision 7, deleted text begin clausesdeleted text end new text begin clausenew text end (10) deleted text begin to (13)deleted text end .
deleted text begin (c)deleted text end new text begin (d)new text end "Resident" means a person residing in an exempt setting.
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(e) "Subsidized assisted living contract" means a legal agreement between a resident
and an exempt setting for housing and, if applicable, assisted living services.
new text end
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This section is effective January 1, 2025.
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Minnesota Statutes 2022, section 325F.722, is amended by adding a subdivision
to read:
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An exempt setting must comply
with section 144G.40, subdivision 1.
new text end
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This section is effective January 1, 2025.
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Minnesota Statutes 2022, section 325F.722, is amended by adding a subdivision
to read:
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An exempt setting must comply with section 144G.42,
subdivision 3, except this subdivision does not apply to an exempt setting owned or operated
by a county or other unit of government.
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This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 325F.722, is amended by adding a subdivision
to read:
new text begin
An exempt setting must comply
with section 144G.42, subdivision 4.
new text end
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 325F.722, is amended by adding a subdivision
to read:
new text begin
An exempt setting may not offer or provide housing
or assisted living services unless it has executed a written subsidized assisted living contract
that complies with section 144G.50, except for:
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(1) section 144G.50, subdivision 2, paragraph (b), clause (2);
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new text begin (2) section 144G.50, subdivision 2, parag