Minnesota Department of Health

CERTIFICATE OF SENDING THE NOTICE AND THE STATEMENT OF NEED AND REASONABLENESS TO LEGISLATORS AND THE LEGISLATIVE COORDINATING COMMISSION AS REQUIRED UNDER MINN. STAT. § 14.116

Proposed Rules Governing Assisted Living Licensure, Minnesota Rules, chapter 4659, Revisor’s ID Number R4605, OAH Docket Number 65-9000-3715

I certify that on December 14, 2020, when the Department mailed Notice of Intent to Adopt Rules under Minnesota Statutes, section 14.14, I sent copies of the Notice and the Statement of Need and Reasonableness to certain Legislators and the Legislative Coordinating Commission via electronic mail. The sending was done to comply with Minnesota Statutes, section 14.116. A copy of the cover letter with the complete list of Legislators is attached to this Certificate.

______Lisa Thimjon Interim Legislative Director Minnesota Department of Health

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December 14, 2020

Senator Michelle R. Benson, Chair Representative Rena Moran, Chair Senator John Marty, Minority Lead Representative Debra Kiel, Minority Lead Health and Human Services Finance and Policy Health and Human Services Policy Division Committee Senator David Tomassoni, Chair Senator Karin Housley, Chair Senator Michelle Benson Senator Kent Eken, Minority Lead Senator Gary Dahms Family Care and Aging Committee Senator Paul Gazelka Senator Susan Kent Senator Jim Abeler, Chair Senator Sandy Pappas Senator Jeff Hayden, Minority Lead Senate Legislative Coordinating Commission Human Services Reform Finance and Policy Representative Melissa Hortman, Vice Chair Representative Tina Liebling, Chair Representative Lyndon Carlson Representative Joe Schomacker, Minority Lead Representative Kurt Daudt Health and Human Services Finance Division Representative Pat Garofalo Representative Paul Marquart Representative Jennifer Schultz, Chair Representative Ryan Winkler Representative Glenn Gruenhagen, Minority Lead House Legislative Coordinating Commission Long-term Care Division

RE: In The Matter of the Proposed Rules of the Minnesota Department of Health Governing Assisted Living Facilities, Chapter 4659.0010 – 4659.0210; Revisor’s ID Number 4605; OAH Docket Number 65-90000- 37175.

Greetings Legislators:

Minnesota Department of Health has proposed Minnesota Rules, 4659.0010 – 4659.0210. Per Minnesota Statutes section 144G.09, Subd. 3(a), the commissioner shall 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.

The proposed rules are: • Applicability and Purposes (4659.0010); • Definitions (4659.0020); • Responsibility to Meet Standards (4659.0030); • Licensing in General (4659.0040); • Fines for Noncompliance (4659.0050); • Assisted Living Licensure; Conversion of Existing Assisted Living Providers (4659.0060); • Assisted Living Licensure; Initial License Renewal (4659.0070); • Variance (4659.0080); • Uniform Checklist Disclosure of Services (4659.0090); • Emergency Disaster and Preparedness Plan; Incorporation by Reference (4659.0100); • Missing Resident Plan (4659.0110); • Procedure for Resident Termination and Discharge Planning (4659.0120); 2 • Conditions for Planned Closures (4659.0130); • Initial Assessments and Continuing Assessments (4659.0140); • Uniform Assessment Tool (4659.0150); • Relinquishing an Assisted Living Facility with Dementia Care License (4659.0160); • Disease Prevention and Infection Control (4659.0170); • Staffing (4659.0180); • Training Requirements (4659.0190); • Nonrenewal of Housing, Reduction in Services; Required Notices (4659.0200); • Termination Appeals; Procedures and Timelines for Appeals (4659.0210).

Minnesota Statutes, section 14.116(b), states: When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.

As required by section 14.116, the Department is sending you copies of the Notice of Hearing, the Statement of Need and Reasonableness (SONAR), and the proposed rule language. All three of these documents can also be found on the Minnesota Department of Health’s Assisted Living Licensure (https://www.health.state.mn.us/facilities/regulation/assistedliving/index.html) webpage.

If you would prefer these documents in paper form, please contact our office at [email protected].

If you have any questions about these rules, please contact me at 651- 201-4135.

Sincerely,

Lindsey Krueger, RN Interim Program Manager, Home Care and Assisted Living Program Director, Office of Health Facility Complaints Health Regulations Division Minnesota Department of Health

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