HF2064 (Legislative Session 94 (2025-2026))

Assisted living service termination requirements modified.

Related bill: SF2055

AI Generated Summary

The proposed bill modifies existing Minnesota laws regarding the termination of assisted living services. Key changes include:

  1. Prerequisites for Termination: Before issuing a termination notice, facilities must hold a meeting with the resident, legal representative, and designated representatives to explain the reasons for termination and seek alternatives to prevent eviction.

  2. Termination for Nonpayment: A facility can issue a termination notice for nonpayment but must provide information about possible public benefits. A temporary (up to 60 days) disruption of public benefits will not be considered nonpayment.

  3. Contract Violations: A facility can terminate an assisted living contract if a resident violates its terms and does not correct the issue within a reasonable time period. Facilities must provide written notice of the opportunity to resolve the issue unless it involves safety threats or illegal conduct.

  4. Notice Requirements: Facilities must provide advance written termination notices—at least 30 days for general terminations and five days for terminations for urgent reasons. Notices must include details such as the reason for termination, appeal rights, and resources for the resident.

  5. Emergency Relocations: Residents may be relocated in emergencies for medical reasons or safety concerns. Written notice of the move must be provided as soon as possible (within 48 hours if moved by emergency personnel). If the facility refuses to allow the resident to return, it will be considered a formal termination requiring due process.

  6. Right to Return: Residents must be allowed to return to the facility after an absence (including emergency relocations) if the issue leading to relocation has been resolved, and a formal termination has not been finalized.

  7. Appeal Rights: Residents can appeal a termination if there is a factual dispute, risk of great harm, or if they’ve resolved or can resolve the issue. Appeals are expedited, with hearings scheduled within 7-14 days.

  8. Coordinated Moves: If a resident must move due to termination or service reductions, the facility must assist in securing a new, safe location and necessary services. Residents have the right to choose their new provider. Facilities must identify at least two alternative placements.

Overall, the bill strengthens protections for residents in assisted living facilities by ensuring due process, offering alternatives to eviction, and requiring proper coordination for transitions.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 09, 2025HouseFloorActionIntroduction and first reading, referred toHealth Finance and Policy
March 09, 2025HouseFloorActionIntroduction and first reading, referred toHealth Finance and Policy
March 10, 2025HouseFloorActionAuthor added
March 31, 2025HouseFloorActionAuthor added