Purpose of the Bill

This bill aims to modify licensing and spatial separation requirements for certain residential programs and assisted living facilities in Minnesota. It introduces measures to improve compliance, safety, and regulatory oversight in the licensing process for facilities that provide care for children, the elderly, and individuals with disabilities.

Main Provisions

• Spatial Separation Requirement: The bill requires new assisted living facilities or residential programs that cater to six or fewer residents to be situated at least 1,320 feet away from another similar, existing facility. This rule is meant to evenly distribute such programs within a community, possibly reducing over-concentration in certain areas.

• Application and Licensing Considerations: The commissioner must evaluate an applicant's past compliance history in providing care when considering issuing or renewing a license. This includes any past rule violations or license suspensions.

• Grounds for License Denial or Revocation: Criteria for denying, revoking, or refusing to renew a license include incomplete applications, false statements, or interference with inspections or enforcement activities. Additional grounds include a history of noncompliance affecting resident welfare and any chapter violations.

• Notification of Local Municipalities: After a license is issued for a residential setting, the bill requires notifying the local municipalities. This clause aims for better communication and integration of such facilities within communities.

Significant Changes to Existing Law

• New Spatial Requirements: Establishment of a minimum distance requirement between small facilities, changing how they can be positioned in relation to each other geographically.

• Enhanced Compliance Monitoring: Introduces stricter scrutiny of compliance histories and emphasizes accurate and complete information during the application process.

• Greater Oversight Authority: Provides the commissioner more authority to take disciplinary action based on an applicant’s history or failure to cooperate with regulatory measures.

Relevant Terms

• Assisted living facilities
• Residential programs
• Compliance history
• Spatial separation
• License denial or revocation
• Local municipality notification
• Regulatory oversight