Purpose of the Bill

The purpose of this bill is to implement various modifications and enhancements to the regulations governing nursing homes, assisted living facilities, and hospice care in Minnesota. It aims to increase resident protections, adjust consent and electronic monitoring, alter rules around retaliation, and improve medication management.

Main Provisions

1. Electronic Monitoring Consent: Residents must consent in writing to electronic monitoring, with specific steps for obtaining consent from resident representatives if needed.

2. Anti-Retaliation Measures: The bill defines and prohibits retaliation against residents of nursing homes and assisted living facilities. It allows residents or their legal representatives to take legal action against such retaliation.

3. Expansion of Advisory Council: The home care and assisted living advisory council will see increased membership and expanded duties, particularly related to standard regulations and oversight.

4. Prohibition of Mandatory Arbitration: Assisted living facilities are prohibited from requiring binding arbitration agreements as a condition of receiving care, allowing residents more freedom to pursue legal action if necessary.

5. Medication Management Updates: Registered nurses or qualified staff are required to monitor and reassess medication management annually or as needed, with specified guidelines to ensure proper medication management plans are maintained.

6. Hospice Rights Enhancements: The hospice bill of rights is updated to ensure patients have clear information and retain autonomy over their care decisions.

7. Enforcement and Fines: The bill outlines a structured response for violations, including immediate fines and enforcement actions based on the severity of the issue. Collected fines will fund special projects to improve care quality.

8. Restriction of Visitation by Health Care Agents: Limits the ability of health care agents to restrict a patient’s communication or visitation rights unless there is significant cause for concern over potential harm.

Significant Changes to Existing Law

• Consent for electronic monitoring now requires specific documentation and procedures when facilitated by resident representatives.
• Introduces a structured process for addressing retaliation and permitting legal action against retaliatory actions.
• Increases the responsibilities of the home care and assisted living advisory council.
• Prohibits the enforcement of mandatory binding arbitration as a prerequisite for receiving care in assisted living, expanding residents' rights to pursue legal challenges.
• Updates to medication management require more active involvement and documentation by registered nurses or authorized personnel.
• Enhances hospice patient rights, particularly related to information provision and autonomy over care plans.

Relevant Terms

• Electronic Monitoring
• Retaliation
• Advisory Council
• Binding Arbitration
• Medication Management
• Hospice Bill of Rights
• Resident Rights
• Health Care Directives