Assisted Living Licensure
- Assisted Living Licensure Home
- Advisory Council
- Application Materials
- Forms and Self-Audit Tools
- Info for Consumers, Families, and Caregivers
- Laws and Statutes
- License Renewal
- Provider Survey Results
- Related Agencies, Boards, & Associations
- Resources and FAQs
- Teleconference Calls
- Contact Us
Related Sites
- Engineering Services for Assisted Living Facilities
- Health Care Facilities, Providers and Insurance
- Health Regulation Division
- Home Care
Spotlight
Assisted Living Licensure
Assisted Living Licensure within the Health Regulation Division of the Minnesota Department of Health oversees and regulates licensed assisted living facility providers in Minnesota. These activities include:
- Licensure
- On-site surveys and enforcement
- Communication with providers and the public on the issues of assisted living laws and regulation.
Our mission is to protect, maintain and improve the health of Minnesotans who receive assisted living services.
The Assisted Living Licensure law under Minnesota Statutes, chapter 144G was passed by the 2019 Minnesota Legislature and updated as part of the Legislature's 2020 7th Special Session. The law established regulatory standards governing the provision of housing and services in assisted living facilities and assisted living facilities with dementia care to help ensure the health, safety, well-being, and appropriate treatment of residents. It also authorized the commissioner to adopt rules for all assisted living facilities that promote person-centered planning and service delivery and optimal quality of life, and that ensure resident rights are protected, resident choice is allowed, and public health and safety is ensured.
Announcements
Date: Monday, May 20, 2024
Time: 1:00 p.m. to 2:15 p.m.
The Minnesota Department of Health will begin hosting a quarterly assisted living update meeting so providers can learn about the most recent MDH assisted living licensing and regulation trends. This meeting will be recorded and posted at a later date.
Topics:
- Hot topics in Assisted Living regulation
- Most cited Assisted Living survey correction orders
- Complaint investigation trends
- Licensing updates
Information about how to join the call is available on the Assisted Living Teleconference Calls page; the presentation will be posted one business day prior to the call.
In 2023, the Minnesota legislature directed the department of health (MDH) and department of human services (DHS) to “consult with assisted living facility license holders who provide customized living and whose facilities are smaller than 11 beds to compile a list of regulatory requirements, compliance with which is particularly difficult for small providers.” The mandate requires the departments to present the list to the chairs and ranking minority members, along with recommendations for easing regulatory burdens.
Burdens identified
MDH and DHS worked with small providers, provider organizations, consumer advocates, and related state offices and boards, from March 2023 until October 2023, and compiled a list of burdens for small providers:
- Reimbursements — payments do not cover the costs of providing care in small facilities.
- License portability — license is attached to the address of the facilities, which is especially burdensome for small providers in rental properties.
- 55-plus age limit for new customized living settings – this is difficult for both new providers and providers who need to move facilities.
- Staff retention - hiring and keeping employees in the facility.
- Training portability - the burden of having to retrain someone who is coming from a different building, especially when they are employed by the same provider and up to date with their training.
- Physical environment - providers need additional education and guidance on the unique requirements for residential-style facilities as well as financial and technical help in meeting those requirements. The cost and effort to comply with the future requirement of installing sprinklers in facilities with dementia care by Aug. 1, 2029, concerns small providers, especially those in rental properties.
- Food code - the ability to hire and maintain a certified food protection manager in every facility, the unique challenges of maintaining a commercial-code kitchen in a residential-style facility, especially when the facility is rented, and the cost of providing food to residents without reimbursement.
- Termination requirements - procedures to end a resident contract can be difficult.
Workgroup suggestions
The workgroup offered several suggestions to alleviate some of these burdens, which included three potential legislative fixes:
- License portability - a fix to allow small providers to move without having to obtain a new license.
- Food code exemptions - several exemptions to relax standards in residential-style kitchens that still protected resident and staff safety.
- Training portability - allowing for an employee who is moving to a new facility and already current with their training to be able to start work without repeating unnecessary training. This bill allows for resident protections by requiring that the employee must still complete building-specific training, such as emergency procedures.
In addition, the workgroup identified many areas where MDH and DHS could optimize processes to increase communication, training, and streamline licensing and payments. Those recommendations are being reviewed and implemented.
Small provider survey
Additionally, MDH and DHS sent out a survey to every licensee who was licensed for 10 or fewer beds in November 2023. The survey, which asked about the burdens that were identified by the workgroup, as well as giving open-ended questions to identify additional burdens, had 28% completion rate by providers. You can find the full results at Assisted Living Small Provider Survey Results Report.
The top burdens identified in the survey were:
- Staff retention.
- License portability.
- Food code requirements.
- Reimbursements.
- Licensed staff requirements.
The Resources and FAQ page has been updated to include a section addressing adult-use cannabis and hemp-derived THC product consumption in assisted living facilities.
This guidance was created as a collaborative effort with the Office of the Ombudsman for Long-Term Care, Minnesota’s Long Term Care Imperative, and staff from the Minnesota Department of Health to respond to questions regarding recreational adult-use cannabis submitted by long-term care providers. It is not intended to be used by the general public.
This guidance is not intended to provide guidance for medical marijuana use and may not address all provider questions. Facilities are encouraged to work with their legal teams to ensure compliance with all state and federal requirements.
Bill of rights
- MN Statutes, section 144G.91: Assisted Living Bill of Rights
- Patient, Resident and Home Care Bill of Rights
Resources for providers
- Forms and Self-Audit Tools
- Resources and Frequently-Asked Questions (FAQs)
- Related Agencies, Boards and Associations
Reporting maltreatment
- Office of Health Facility Complaints
- Minnesota Adult Abuse Reporting Center
License application/renewal
- Application Materials
- License Renewal
Assisted living law
- Assisted Living Laws and Statutes
- Minnesota Government Publications DBA Allegra Eagan
Assisted living director
- Apply for Assisted Living Director Licensure
Contact information
- Assisted Living Licensure Contact Information