Minn. R. agency 144, ch. 4659, pt. 4659.0040

Current through Register Vol. 49, No. 17, October 21, 2024

Part 4659.0040 - LICENSING IN GENERAL

Subpart 1.License required. Effective August 1, 2021, no individual, organization, or government entity, unless licensed under Minnesota Statutes, chapter 144G, and in accordance to this chapter, may:

A. manage, control, or operate an assisted living facility in Minnesota; or

B. advertise, market, or otherwise promote its facility as providing assisted living services or specialized care for individuals with Alzheimers disease or other dementias.

Subp. 2.Issuance of assisted living facility license.

A. Upon approving an application for an assisted living facility license, the commissioner must issue a single license for each building that is operated by the licensee as an assisted living facility and is located at a separate address, except as provided under itemB.

B. Upon approving an application for an assisted living facility license, the commissioner may issue a single license for two or more buildings on a campus that are operated by the same licensee as an assisted living facility.

(1) For the purposes of this subpart, "campus" means:

(a) a single building having two or more addresses, located on the same property with a single property identification number;

(b) two or more buildings, each with a separate address, located on the same property with a single property identification number; or

(c) two or more buildings at different addresses, located on properties that share a portion of a legal property boundary, with different property identification numbers.

(2) An assisted living facility license for a campus must identify the address and licensed resident capacity of each building located on the campus in which assisted living services are provided.

(3) Before any building to be included on a campus advertises, markets, or promotes itself as providing specialized care for individuals with Alzheimers disease or other dementias or a secured dementia care unit, the individual, organization, or government entity must apply for an assisted living facility with dementia care license for the campus, or apply for a separate assisted living facility with dementia care license for the building. These services may not be provided at the building until the license is issued by the commissioner.

Subp. 3.License to be posted.

A. For a license issued under subpart 2, item A, the facility must post the original license certificate issued by the commissioner at the main public entrance of the facility.

B. For a license issued under subpart 2, item B, a campus with multiple buildings must post the original license certificate issued by the commissioner at the main public entrance of each building licensed as a facility on the campus. A separate license certificate shall be issued for each building on the campus.

Subp. 4.Required submissions to ombudsman.

A. A licensee must submit a complete, current, and unsigned copy of its assisted living contract to the ombudsman under Minnesota Statutes, section 144G.50, subdivision 1, paragraph (c), clause (1), within 30 calendar days of receiving a provisional license or a permanent license.

B. The contract under item A must include all of the facility's standard contract provisions. If the licensee has multiple standard contracts, it must provide a copy of each contract to the ombudsman. The licensee is not required to submit a copy of each individual residents contract to the ombudsman to be in compliance with this subpart. If the licensee changes its service offerings or the standard provisions in a contract, the facility must submit a complete and current contract to the ombudsman within 30 calendar days of the change.

C. A licensee required to provide written disclosure to the ombudsman under Minnesota Statutes, section 325F.72, subdivision 1, must do so within 30 calendar days of receiving a provisional assisted living facility with dementia care license or, if a licensee does not receive a provisional license, within 30 calendar days after receiving a license.

Subp. 5.Location for submissions to ombudsman. Unless specific notice requirements are provided in rule or statute, notices that licensees are required to provide to the ombudsman under this part; Minnesota Statutes, chapter 144G; and Minnesota Statutes, section 325F.72, must be provided in writing in the manner required by the ombudsman.

Minn. R. agency 144, ch. 4659, pt. 4659.0040

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