reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.287 — Diversion Program.

144E.287 DIVERSION PROGRAM.
The board shall either conduct a health professionals service program under sections 214.31 to 214.37 or contract for a diversion program under section 214.28 for professionals regulated by the board who are unable to perform their duties with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.
History:
2000 c 284 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.29 — Fees.

144E.29 FEES.
(a) The board shall charge the following fees:
(1) initial application for and renewal of an ambulance service license, $150;
(2) each ambulance operated by a licensee, $96. The licensee shall pay an additional $96 fee for the full licensing period or $4 per month for any fraction of the period for each ambulance added to the ambulance service during the licensing period;
(3) initial application for and renewal of approval for an education program, $100; and
(4) duplicate of an original license, certification, or approval, $25.
(b) With the exception of paragraph (a), clause (4), all fees are for a two-year period. All fees are nonrefundable.
(c) Fees collected by the board shall be deposited as nondedicated receipts in the general fund.
History:
1999 c 245 art 9 s 41; 2000 c 313 s 6; 2000 c 479 art 2 s 2; 2012 c 193 s 40
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.30 — Cooperation; Board Powers.

144E.30 COOPERATION; BOARD POWERS.
Subdivision 1.
[Repealed, 1999 c 245 art 9 s 66]
Subd. 2.
[Repealed, 1999 c 245 art 9 s 66]
Subd. 3.
Cooperation during investigation.
A licensee, person credentialed by the board, education program approved by the board, or agent of one who is the subject of an investigation or who is questioned in connection with an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation, executing all releases requested by the board, providing copies of ambulance service records, as reasonably requested by the board to assist it in its investigation, and appearing at conferences or hearings scheduled by the board. The board shall pay reasonable costs for copies requested.
Subd. 4.
Injunctive relief.
In addition to any other remedy provided by law, the board may bring an action for injunctive relief in the district court in Hennepin County or, at the board's discretion, in the district court in the county in which a violation of any statute, rule, or order that the board is empowered to enforce or issue, has occurred, to enjoin the violation.
Subd. 5.
Subpoena power.
The board may, as part of an investigation to determine whether a serious public health threat exists, issue subpoenas to require the attendance and testimony of witnesses and production of books, records, correspondence, and other information relevant to any matter involved in the investigation. The board or the board's designee may administer oaths to witnesses or take their affirmation. The subpoenas may be served upon any person named therein anywhere in the state by any person authorized to serve subpoenas or other processes in civil actions of the district courts. If a person to whom a subpoena is issued does not comply with the subpoena, the board may apply to the district court in any district and the court shall order the person to comply with the subpoena. Failure to obey the order of the court may be punished by the court as contempt of court. No person may be compelled to disclose privileged information as described in section 595.02, subdivision 1. All information pertaining to individual medical records obtained under this section shall be considered health data under section 13.3805, subdivision 1. All other information is considered public data unless otherwise protected under the Minnesota Data Practices Act or other specific law. The fees for the service of a subpoena must be paid in the same manner as prescribed by law for service of process used out of a district court. Subpoenaed witnesses must receive the same fees and mileage as in civil actions.
Subd. 6.
[Repealed, 1999 c 245 art 9 s 66]
History:
1997 c 199 s 12; 1999 c 227 s 22; 2012 c 193 s 41
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.305 — Reporting Misconduct.

144E.305 REPORTING MISCONDUCT.
Subdivision 1.
Voluntary reporting.
A person who has knowledge of any conduct constituting grounds for discipline under section 144E.27, subdivision 5, or 144E.28, subdivision 5, may report the alleged violation to the board.
Subd. 2.
Mandatory reporting.
(a) A licensee shall report to the board conduct by an emergency medical responder, EMT, AEMT, or paramedic that they reasonably believe constitutes grounds for disciplinary action under section 144E.27, subdivision 5, or 144E.28, subdivision 5. The licensee shall report to the board within 60 days of obtaining verifiable knowledge of the conduct constituting grounds for disciplinary action.
(b) A licensee shall report to the board any dismissal from employment of an emergency medical responder, EMT, AEMT, or paramedic. A licensee shall report the resignation of an emergency medical responder, EMT, AEMT, or paramedic before the conclusion of any disciplinary proceeding or before commencement of formal charges but after the emergency medical responder, EMT, AEMT, or paramedic has knowledge that formal charges are contemplated or in preparation. The licensee shall report to the board within 60 days of the resignation or initial determination to dismiss. An individual's exercise of rights under a collective bargaining agreement does not extend the licensee's time period for reporting under this subdivision.
Subd. 3.
Immunity.
(a) An individual, licensee, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report to the board under subdivision 1 or 2 or for otherwise reporting in good faith to the board violations or alleged violations of sections 144E.001 to 144E.33. Reports are classified as confidential data on individuals or protected nonpublic data under section 13.02 while an investigation is active. Except for the board's final determination, all communications or information received by or disclosed to the board relating to disciplinary matters of any person or entity subject to the board's regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be closed to the public.
(b) Members of the board, persons employed by the board, persons engaged in the investigation of violations and in the preparation and management of charges of violations of sections 144E.001 to 144E.33 on behalf of the board, and persons participating in the investigation regarding charges of violations are immune from civil liability and criminal prosecution for any actions, transactions, or publications, made in good faith, in the execution of, or relating to, their duties under sections 144E.001 to 144E.33.
(c) For purposes of this section, a member of the board is considered a state employee under section 3.736, subdivision 9.
History:
1999 c 245 art 9 s 42; 2000 c 313 s 7,8; 2004 c 144 s 6; 2012 c 193 s 42
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.32 — Review Organization.

144E.32 REVIEW ORGANIZATION.
Subdivision 1.
Applicable law.
The provisions of sections 145.61 to 145.67 apply to an ambulance service or first responder review organization.
Subd. 2.
Review organization defined.
A review organization, as defined under section 145.61, includes a committee of an ambulance service provider, a physician medical director, a medical advisor, or ambulance supervisory personnel who gather, create, and review information relating to the care and treatment of patients in providing emergency medical care, including employee performance reviews, quality assurance data, and other ambulance service or emergency medical responder performance data for ambulance services licensed under section 144E.10 or 144E.12 or emergency medical responders registered under section 144E.27, for the purposes specified under section 145.61, subdivision 5.
History:
1999 c 84 s 1; 2012 c 193 s 44
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.33 — Penalty.

144E.33 PENALTY.
A person who violates a provision of sections 144E.001 to 144E.33 is guilty of a misdemeanor.
History:
1999 c 245 art 9 s 44
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.35 — Reimbursement To Ambulance Services For Volunteer Education Costs.

144E.35 REIMBURSEMENT TO AMBULANCE SERVICES FOR VOLUNTEER EDUCATION COSTS.
Subdivision 1.
Repayment for volunteer education.
A licensed ambulance service shall be reimbursed by the board for the necessary expense of the initial education of a volunteer ambulance attendant upon successful completion by the attendant of an EMT education course, or a continuing education course for EMT care, or both, which has been approved by the board, pursuant to section 144E.285. Reimbursement may include tuition, transportation, food, lodging, hourly payment for the time spent in the education course, and other necessary expenditures, except that in no instance shall a volunteer ambulance attendant be reimbursed more than $900 for successful completion of an initial education course, and $375 for successful completion of a continuing education course.
Subd. 2.
Reimbursement provisions.
Reimbursement must be paid under provisions of this section when documentation is provided to the board that the individual has served for one year from the date of the final certification exam as an active member of a Minnesota licensed ambulance service.
History:
1977 c 305 s 45; 1977 c 427 s 1; 1979 c 316 s 9; 1986 c 444; 1987 c 209 s 39; 1989 c 134 s 11; 1990 c 568 art 2 s 14; 1Sp1993 c 1 art 9 s 23; 1995 c 207 art 9 s 16; 1997 c 199 s 14; 1999 c 8 s 2; 1999 c 245 art 9 s 65; 2007 c 147 art 16 s 13; 2012 c 193 s 45; 2023 c 70 art 6 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.40 — Cooper/sams Volunteer Ambulance Program.

144E.40 COOPER/SAMS VOLUNTEER AMBULANCE PROGRAM.
Subdivision 1.
Establishment.
The Cooper/Sams volunteer ambulance program is established. The program is intended to recognize the service rendered to state and local government and the citizens of Minnesota by qualified ambulance service personnel, and to reward qualified ambulance service personnel for significant contributions to state and local government and to the public. The purpose of the Cooper/Sams volunteer ambulance trust is to accumulate resources to allow for the payment of longevity awards to qualified ambulance service personnel upon the completion of a substantial ambulance service career.
Subd. 2.
Administration.
(a) Unless paragraph (c) applies, consistent with the responsibilities of the State Board of Investment and the various ambulance services, the Cooper/Sams volunteer ambulance program must be administered by the Emergency Medical Services Regulatory Board. The administrative responsibilities of the board for the program relate solely to the record keeping, award application, and award payment functions. The State Board of Investment is responsible for the investment of the Cooper/Sams volunteer ambulance trust. The applicable ambulance service is responsible for determining, consistent with this chapter, who is a qualified ambulance service person, what constitutes a year of credited ambulance service, what constitutes sufficient documentation of a year of prior service, and for submission of all necessary data to the board in a manner consistent with this chapter. Determinations of an ambulance service are final.
(b) The board may administer its assigned responsibilities regarding the program directly or may retain a qualified governmental or nongovernmental plan administrator under contract to administer those responsibilities regarding the program. A contract with a qualified plan administrator must be the result of an open competitive bidding process and must be reopened for competitive bidding at least once during every five-year period after July 1, 1993.
(c) The commissioner of management and budget shall review the options within state government for the most appropriate administration of pension plans or similar arrangements for emergency service personnel and recommend to the governor the most appropriate future pension plan or nonpension plan administrative arrangement for this chapter. If the governor concurs in the recommendation, the governor shall transfer the future administrative responsibilities relating to this chapter to that administrative agency.
History:
1Sp1993 c 1 art 9 s 54; 1995 c 207 art 9 s 23; 1997 c 199 s 14; 2007 c 11 s 1; 2009 c 101 art 2 s 68
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.42 — Cooper/sams Volunteer Ambulance Trust; Trust Account.

144E.42 COOPER/SAMS VOLUNTEER AMBULANCE TRUST; TRUST ACCOUNT.
Subdivision 1.
Trust.
There is established the Cooper/Sams volunteer ambulance trust.
Subd. 2.
Trust account.
(a) There is established in the general fund the Cooper/Sams volunteer ambulance trust account and the Cooper/Sams volunteer ambulance award and account.
(b) The trust account must be credited with:
(1) general fund appropriations for that purpose;
(2) transfers from the Cooper/Sams volunteer ambulance award and account; and
(3) investment earnings on those accumulated proceeds. The assets and income of the trust account must be held and managed by the commissioner of management and budget and the State Board of Investment for the benefit of the state of Minnesota and its general creditors.
(c) The Cooper/Sams volunteer ambulance account must be credited with transfers from the excess police state-aid holding account established in section 477C.03, subdivision 4, any per-year-of-service allocation under section 144E.45, subdivision 2, paragraph (c), that was not made for an individual, and investment earnings on those accumulated proceeds. The Cooper/Sams volunteer ambulance account must be managed by the commissioner of management and budget and the State Board of Investment. From the Cooper/Sams volunteer ambulance account to the trust account there must be transferred to the Cooper/Sams volunteer ambulance trust account, as the Cooper/Sams volunteer ambulance account balance permits, the following amounts:
(1) an amount equal to any general fund appropriation to the Cooper/Sams volunteer ambulance trust account for that fiscal year; and
(2) an amount equal to the percentage of the remaining balance in the account after the deduction of the amount under clause (1), as specified for the applicable fiscal year:
1995
20
1996
40
1997
50
1998
60
1999
70
2000
80
2001
90
2002 and thereafter
100
Subd. 3.Priority of claims.
The state of Minnesota intends that this program, trust, and trust account not constitute a separate fund for any legal purpose, including the federal Internal Revenue Code, as amended, and the federal Employee Retirement Income Security Act of 1974, as amended. Qualified ambulance service personnel have only an unsecured promise of the state of Minnesota to pay a longevity award upon meeting entitlement requirements set forth in section 144E.46, and qualified ambulance service personnel meeting those entitlement requirements have the status of general unsecured creditors with respect to the Cooper/Sams volunteer ambulance award, if and when awarded.
History:
1Sp1993 c 1 art 9 s 56; 1994 c 632 art 3 s 50; 1996 c 390 s 31; 1997 c 199 s 14; 2007 c 11 s 1; 2009 c 101 art 2 s 109; 1Sp2019 c 6 art 22 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.43 — Distributions From Account.

144E.43 DISTRIBUTIONS FROM ACCOUNT.
Subdivision 1.
Award payments.
(a) The Emergency Medical Services Regulatory Board or the board's designee under section 144E.40, subdivision 2, shall pay Cooper/Sams volunteer ambulance awards to qualified ambulance service personnel determined to be entitled to an award under section 144E.46 by the board based on the submissions by the various ambulance services. Amounts necessary to pay the Cooper/Sams volunteer ambulance award are appropriated from the Cooper/Sams volunteer ambulance trust account to the board.
(b) If the state of Minnesota is unable to meet its financial obligations as they become due, the board shall undertake all necessary steps to discontinue paying Cooper/Sams volunteer ambulance awards until the state of Minnesota is again able to meet its financial obligations as they become due.
Subd. 2.
General creditors of the state.
The trust account is at all times subject to a levy under an execution of any general creditor of the state of Minnesota, and if no other funds are available to satisfy that levy, the levy has priority for payment from the trust account before any Cooper/Sams volunteer ambulance award.
History:
1Sp1993 c 1 art 9 s 57; 1995 c 207 art 9 s 24; 1997 c 199 s 14; 2002 c 379 art 1 s 50; 2007 c 11 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.44 — Trust Account Investment.

144E.44 TRUST ACCOUNT INVESTMENT.
The trust account must be invested by the State Board of Investment in nonretirement funds established under the provisions of section 11A.14. The trust account must be invested in investment accounts so that the asset allocation is similar to the asset allocation of the income share account of the Minnesota supplemental investment fund, as governed by section 11A.17.
History:
1Sp1993 c 1 art 9 s 58; 1996 c 438 art 5 s 1; 1997 c 199 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.46 — Cooper/sams Volunteer Ambulance Award.

144E.46 COOPER/SAMS VOLUNTEER AMBULANCE AWARD.
(a) A qualified ambulance service person who has terminated active ambulance service, who has at least five years of credited ambulance service, who is at least 50 years old, and who is among the 400 persons with the greatest amount of credited ambulance service applying for a longevity award during that year, is entitled, upon application, to a Cooper/Sams volunteer ambulance award. An applicant whose application is not approved because of the limit on the number of annual awards may apply in a subsequent year.
(b) If a qualified ambulance service person who meets the service requirements specified in paragraph (a) dies before applying for a longevity award, the estate of the decedent is entitled, upon application, to the decedent's Cooper/Sams volunteer ambulance award, without reference to the limit on the number of annual awards.
(c) A Cooper/Sams volunteer ambulance award is the total amount of the person's accumulations indicated in the person's separate record under section 144E.45 as of November 1 in the calendar year in which application is made. The amount is payable only in a lump sum.
(d) Applications for a Cooper/Sams volunteer ambulance award must be received by the board or the board's designee under section 144E.40, subdivision 2, by October 1, annually. Cooper/Sams volunteer ambulance awards are payable only as of the last business day in December annually.
History:
1Sp1993 c 1 art 9 s 60; 1995 c 207 art 9 s 26; 1996 c 438 art 5 s 3; 1997 c 199 s 14; 2004 c 144 s 8; 2007 c 11 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.47 — Effect Of Changes.

144E.47 EFFECT OF CHANGES.
Subdivision 1.
Modifications.
The Cooper/Sams volunteer ambulance program is a gratuity established by the state of Minnesota and may be modified by subsequent legislative enactment at any time without creating any cause of action for any ambulance service personnel related to the program as a result. No provision of Laws 1993, First Special Session chapter 1, and no subsequent amendment may be interpreted as causing or resulting in the program to be funded for federal Internal Revenue Code or federal Employee Retirement Income Security Act of 1974 purposes, or as causing or resulting in any contributions to or investment income earned by the Cooper/Sams volunteer ambulance trust account to be subject to federal income tax to ambulance service personnel or their beneficiaries before actual receipt of a longevity award under section 144E.46.
Subd. 2.
Nonassignability.
No entitlement or claim of a qualified ambulance service person or the person's beneficiary to a Cooper/Sams volunteer ambulance award is assignable, or subject to garnishment, attachment, execution, levy, or legal process of any kind, except as provided in section 518.58, 518.581, or 518A.53. The board may not recognize any attempted transfer, assignment, or pledge of a Cooper/Sams volunteer ambulance award.
Subd. 3.
Public employee status.
Recognizing the important public function performed by ambulance service personnel, only for purposes of Laws 1993, First Special Session chapter 1, and the receipt of a state sponsored gratuity in the form of a Cooper/Sams volunteer ambulance award, all qualified ambulance service personnel are considered to be public employees.
History:
1Sp1993 c 1 art 9 s 61; 1995 c 207 art 9 s 27; 1997 c 199 s 14; 1997 c 203 art 6 s 92; 2005 c 164 s 29; 1Sp2005 c 7 s 28; 2007 c 11 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.48 — Scope Of Administrative Duties.

144E.48 SCOPE OF ADMINISTRATIVE DUTIES.
For purposes of administering the award and incentive program, the board cannot hear appeals, direct ambulance services to take any specific actions, investigate or take action on individual complaints, or otherwise act on information beyond that submitted by the licensed ambulance services.
History:
1Sp1993 c 1 art 9 s 62; 1995 c 207 art 9 s 28; 1997 c 199 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.52 — Funding For Emergency Medical Services Regions.

144E.52 FUNDING FOR EMERGENCY MEDICAL SERVICES REGIONS.
The Emergency Medical Services Regulatory Board shall distribute funds appropriated from the general fund equally among the emergency medical service regions. Each regional board may use this money to reimburse eligible emergency medical services personnel for continuing education costs related to emergency care that are personally incurred and are not reimbursed from other sources. Eligible emergency medical services personnel include, but are not limited to, dispatchers, emergency room physicians, emergency room nurses, emergency medical responders, emergency medical technicians, and paramedics.
History:
1990 c 568 art 2 s 15; 1995 c 207 art 9 s 18; 1997 c 199 s 14; 2012 c 193 s 47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144E — Emergency Medical Services Regulatory Board › Section 144E.53 — Medical Resource Communication Center Grants.

144E.53 MEDICAL RESOURCE COMMUNICATION CENTER GRANTS.
The board shall distribute medical resource communication center grants annually to the two medical resource communication centers that were in operation in the state prior to January 1, 2000.
History:
2023 c 70 art 6 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.11 — Applicability Of Other Laws.

144G.11 APPLICABILITY OF OTHER LAWS.
Assisted living facilities:
(1) are subject to and must comply with chapter 504B;
(2) must comply with section 325F.72; and
(3) are not required to obtain a lodging license under chapter 157 and related rules.
History:
2019 c 60 art 1 s 44,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.13 — Background Studies Of License Applicants.

144G.13 BACKGROUND STUDIES OF LICENSE APPLICANTS.
Subdivision 1.
Background studies required.
(a) Before the commissioner issues a provisional license, issues a license as a result of an approved change of ownership, or renews a license, a managerial official or a natural person who is an owner with direct ownership interest is required to undergo a background study under section 144.057. No person may be involved in the management, operation, or control of an assisted living facility if the person has been disqualified under chapter 245C. For the purposes of this section, managerial officials subject to the background study requirement are individuals who provide direct contact. Nothing in this section shall be construed to prohibit the facility from requiring self-disclosure of criminal conviction information.
(b) The commissioner shall not issue a license if any controlling individual, including a managerial official, has been unsuccessful in having a background study disqualification set aside under section 144.057 and chapter 245C.
(c) Termination of an employee in good faith reliance on information or records obtained under this section regarding a confirmed conviction does not subject the assisted living facility to civil liability or liability for unemployment benefits.
Subd. 2.
Reconsideration.
(a) If the individual requests reconsideration of a disqualification under section 144.057 or chapter 245C and the commissioner sets aside or rescinds the disqualification, the individual is eligible to be involved in the management, operation, or control of the facility.
(b) If an individual has a disqualification under section 245C.15, subdivision 1, and the disqualification is affirmed, the individual's disqualification is barred from a set aside, and the individual must not be involved in the management, operation, or control of the facility.
Subd. 3.
Data classification.
Data collected under this section shall be classified as private data on individuals under section 13.02, subdivision 12.
History:
2019 c 60 art 1 s 7,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.15 — Consideration Of Applications.

144G.15 CONSIDERATION OF APPLICATIONS.
(a) Before issuing a provisional license or license or renewing a license, the commissioner shall consider an applicant's compliance history in providing care in this state or any other state in a facility that provides care to children, the elderly, ill individuals, or individuals with disabilities.
(b) The applicant's compliance history shall include repeat violation, rule violations, and any license or certification involuntarily suspended or terminated during an enforcement process.
(c) The commissioner may deny, revoke, suspend, restrict, or refuse to renew the license or impose conditions if:
(1) the applicant fails to provide complete and accurate information on the application and the commissioner concludes that the missing or corrected information is needed to determine if a license shall be granted;
(2) the applicant, knowingly or with reason to know, made a false statement of a material fact in an application for the license or any data attached to the application or in any matter under investigation by the department;
(3) the applicant refused to allow agents of the commissioner to inspect its books, records, and files related to the license application, or any portion of the premises;
(4) the applicant willfully prevented, interfered with, or attempted to impede in any way: (i) the work of any authorized representative of the commissioner, the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities; or (ii) the duties of the commissioner, local law enforcement, city or county attorneys, adult protection, county case managers, or other local government personnel;
(5) the applicant, owner, controlling individual, managerial official, or assisted living director for the facility has a history of noncompliance with federal or state regulations that were detrimental to the health, welfare, or safety of a resident or a client; or
(6) the applicant violates any requirement in this chapter.
(d) If a license is denied, the applicant has the reconsideration rights available under section 144G.16, subdivision 4.
History:
2019 c 60 art 1 s 10,47; 2022 c 98 art 1 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.17 — License Renewal.

144G.17 LICENSE RENEWAL.
A license that is not a provisional license may be renewed for a period of up to one year if the licensee:
(1) submits an application for renewal in the format provided by the commissioner at least 60 calendar days before expiration of the license;
(2) submits the renewal fee under section 144G.12, subdivision 3;
(3) submits the late fee under section 144G.12, subdivision 4, if the renewal application is received less than 30 days before the expiration date of the license or after the expiration of the license;
(4) provides information sufficient to show that the applicant meets the requirements of licensure, including items required under section 144G.12, subdivision 1;
(5) provides information sufficient to show the licensee provided assisted living services to at least one resident during the immediately preceding license year and at the assisted living facility listed on the license; and
(6) provides any other information deemed necessary by the commissioner.
History:
2019 c 60 art 1 s 8,47; 2022 c 98 art 1 s 23
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.18 — Notification Of Changes In Information.

144G.18 NOTIFICATION OF CHANGES IN INFORMATION.
Subdivision 1.
Notification.
A provisional licensee or licensee shall notify the commissioner in writing prior to a change in the manager or authorized agent and within 60 calendar days after any change in the information required in section 144G.12, subdivision 1, clause (1), (3), (4), (17), or (18).
Subd. 2.
Fines and penalties.
(a) The fine for failure to comply with the notification requirements of this section is $1,000.
(b) Fines and penalties collected under this subdivision shall be deposited in a dedicated special revenue account. On an annual basis, the balance in the special revenue account shall be appropriated to the commissioner to implement the recommendations of the advisory council established in section 144A.4799.
History:
2019 c 60 art 1 s 9,47; 7Sp2020 c 1 art 6 s 25; 2023 c 70 art 4 s 48
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.19 — Transfer Of License Prohibited.

144G.19 TRANSFER OF LICENSE PROHIBITED.
Subdivision 1.
Transfers prohibited.
An assisted living facility license may not be transferred to another party.
Subd. 2.
New license required.
(a) A prospective licensee must apply for a license prior to operating a currently licensed assisted living facility. The new license, if issued, shall not be a provisional license. The licensee must change whenever one of the following events occur:
(1) the form of the licensee's legal entity structure is converted or changed to a different type of legal entity structure;
(2) the licensee dissolves, consolidates, or merges with another legal organization and the licensee's legal organization does not survive;
(3) within the previous 24 months, 50 percent or more of the licensee is transferred, whether by a single transaction or multiple transactions, to:
(i) a different person; or
(ii) a person who had less than a five percent ownership interest in the facility at the time of the first transaction; or
(4) any other event or combination of events that results in a substitution, elimination, or withdrawal of the licensee's responsibility for the facility.
(b) The prospective licensee must provide written notice to the department at least 60 calendar days prior to the anticipated date of the change of licensee.
Subd. 3.
Survey required.
For all new licensees after a change of ownership, the commissioner shall complete a survey within six months after the new license is issued.
Subd. 4.
Change of licensee.
Notwithstanding any other provision of law, a change of licensee under subdivision 2 does not require the facility to meet the design requirements of section 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3.
History:
2019 c 60 art 1 s 6,47; 2022 c 98 art 1 s 24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.32 — Reconsideration Of Correction Orders And Fines.

144G.32 RECONSIDERATION OF CORRECTION ORDERS AND FINES.
Subdivision 1.
Reconsideration process required.
The commissioner shall make available to assisted living facilities a correction order reconsideration process. This process may be used to challenge the correction order issued, including the level and scope described in section 144G.31, and any fine assessed. When a licensee requests reconsideration of a correction order, the correction order is not stayed while it is under reconsideration. The commissioner shall post information on its website that the licensee requested reconsideration of the correction order and that the review is pending.
Subd. 2.
Reconsideration process.
An assisted living facility may request from the commissioner, in writing, a correction order reconsideration regarding any correction order issued to the facility. The written request for reconsideration must be received by the commissioner within 15 calendar days of the correction order receipt date. The correction order reconsideration shall not be reviewed by any surveyor, investigator, or supervisor that participated in writing or reviewing the correction order being disputed. The correction order reconsiderations may be conducted in person, by telephone, by another electronic form, or in writing, as determined by the commissioner. The commissioner shall respond in writing to the request from a facility for a correction order reconsideration within 60 days of the date the facility requests a reconsideration. The commissioner's response shall identify the commissioner's decision regarding each citation challenged by the facility.
Subd. 3.
Findings.
The findings of a correction order reconsideration process shall be one or more of the following:
(1) supported in full: the correction order is supported in full, with no deletion of findings to the citation;
(2) supported in substance: the correction order is supported, but one or more findings are deleted or modified without any change in the citation;
(3) correction order cited an incorrect licensing requirement: the correction order is amended by changing the correction order to the appropriate statute or rule;
(4) correction order was issued under an incorrect citation: the correction order is amended to be issued under the more appropriate correction order citation;
(5) the correction order is rescinded;
(6) fine is amended: it is determined that the fine assigned to the correction order was applied incorrectly; or
(7) the level or scope of the citation is modified based on the reconsideration.
Subd. 4.
Updating the correction order website.
If the correction order findings are changed by the commissioner, the commissioner shall update the correction order website.
Subd. 5.
Exception; provisional licensees.
This section does not apply to provisional licensees.
History:
2019 c 60 art 1 s 37,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.33 — Innovation Variance.

144G.33 INNOVATION VARIANCE.
Subdivision 1.
Definition; granting variances.
(a) For purposes of this section, "innovation variance" means a specified alternative to a requirement of this chapter.
(b) An innovation variance may be granted to allow an assisted living facility to offer services of a type or in a manner that is innovative, will not impair the services provided, will not adversely affect the health, safety, or welfare of the residents, and is likely to improve the services provided. The innovative variance cannot change any of the resident's rights under the assisted living bill of rights.
Subd. 2.
Conditions.
The commissioner may impose conditions on granting an innovation variance that the commissioner considers necessary.
Subd. 3.
Duration and renewal.
The commissioner may limit the duration of any innovation variance and may renew a limited innovation variance.
Subd. 4.
Applications; innovation variance.
An application for innovation variance from the requirements of this chapter may be made at any time, must be made in writing to the commissioner, and must specify the following:
(1) the statute or rule from which the innovation variance is requested;
(2) the time period for which the innovation variance is requested;
(3) the specific alternative action that the licensee proposes;
(4) the reasons for the request; and
(5) justification that an innovation variance will not impair the services provided, will not adversely affect the health, safety, or welfare of residents, and is likely to improve the services provided.
The commissioner may require additional information from the facility before acting on the request.
Subd. 5.
Grants and denials.
The commissioner shall grant or deny each request for an innovation variance in writing within 45 days of receipt of a complete request. Notice of a denial shall contain the reasons for the denial. The terms of a requested innovation variance may be modified upon agreement between the commissioner and the facility.
Subd. 6.
Violation of innovation variances.
A failure to comply with the terms of an innovation variance shall be deemed to be a violation of this chapter.
Subd. 7.
Revocation or denial of renewal.
The commissioner shall revoke or deny renewal of an innovation variance if:
(1) it is determined that the innovation variance is adversely affecting the health, safety, or welfare of the residents;
(2) the facility has failed to comply with the terms of the innovation variance;
(3) the facility notifies the commissioner in writing that it wishes to relinquish the innovation variance and be subject to the statute previously varied; or
(4) the revocation or denial is required by a change in law.
History:
2019 c 60 art 1 s 39,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.40 — Housing And Services.

144G.40 HOUSING AND SERVICES.
Subdivision 1.
Responsibility for housing and services.
The facility is directly responsible to the resident for all housing and service-related matters provided, irrespective of a management contract. Housing and service-related matters include but are not limited to the handling of complaints, the provision of notices, and the initiation of any adverse action against the resident involving housing or services provided by the facility.
Subd. 2.
Uniform checklist disclosure of services.
(a) All assisted living facilities must provide to prospective residents:
(1) a disclosure of the categories of assisted living licenses available and the category of license held by the facility;
(2) a written checklist listing all services permitted under the facility's license, identifying all services the facility offers to provide under the assisted living facility contract, and identifying all services allowed under the license that the facility does not provide; and
(3) an oral explanation of the services offered under the contract.
(b) The requirements of paragraph (a) must be completed prior to the execution of the assisted living contract.
(c) The commissioner must, in consultation with all interested stakeholders, design the uniform checklist disclosure form for use as provided under paragraph (a).
Subd. 3.
Reservation of rights.
Nothing in this chapter:
(1) requires a resident to utilize any service provided by or through, or made available in, a facility;
(2) prevents a facility from requiring, as a condition of the contract, that the resident pay for a package of services even if the resident does not choose to use all or some of the services in the package. For residents who are eligible for home and community-based waiver services under chapter 256S and section 256B.49, payment for services will follow the policies of those programs;
(3) requires a facility to fundamentally alter the nature of the operations of the facility in order to accommodate a resident's request; or
(4) affects the duty of a facility to grant a resident's request for reasonable accommodations.
History:
2019 c 54 art 1 s 33; 2019 c 60 art 1 s 13,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.401 — Payment For Services Under Disability Waivers.

144G.401 PAYMENT FOR SERVICES UNDER DISABILITY WAIVERS.
For new assisted living facilities that did not operate as registered housing with services establishments prior to August 1, 2021, home and community-based services under section 256B.49 are not available when the new facility setting is adjoined to, or on the same property as, an institution as defined in Code of Federal Regulations, title 42, section 441.301(c).
History:
2019 c 60 art 1 s 11,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.51 — Arbitration.

144G.51 ARBITRATION.
(a) An assisted living facility must clearly and conspicuously disclose, in writing in an assisted living contract, any arbitration provision in the contract that precludes, limits, or delays the ability of a resident from taking a civil action.
(b) An arbitration requirement must not include a choice of law or choice of venue provision. Assisted living contracts must adhere to Minnesota law and any other applicable federal or local law.
History:
2019 c 60 art 1 s 31,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.53 — Nonrenewal Of Housing.

144G.53 NONRENEWAL OF HOUSING.
(a) If a facility decides to not renew a resident's housing under a contract, the facility must either (1) provide the resident with 60 calendar days' notice of the nonrenewal and assistance with relocation planning, or (2) follow the termination procedure under section 144G.52.
(b) The notice must include the reason for the nonrenewal and contact information of the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities.
(c) A facility must:
(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;
(2) for residents who receive home and community-based waiver services under chapter 256S and section 256B.49, provide notice to the resident's case manager;
(3) ensure a coordinated move to a safe location, as defined in section 144G.55, subdivision 2, that is appropriate for the resident;
(4) ensure a coordinated move to an appropriate service provider identified by the facility, if services are still needed and desired by the resident;
(5) consult and cooperate with the resident, legal representative, designated representative, case manager for a resident who receives home and community-based waiver services under chapter 256S and section 256B.49, relevant health professionals, and any other persons of the resident's choosing to make arrangements to move the resident, including consideration of the resident's goals; and
(6) prepare a written plan to prepare for the move.
(d) A resident may decline to move to the location the facility identifies or to accept services from a service provider the facility identifies, and may instead choose to move to a location of the resident's choosing or receive services from a service provider of the resident's choosing within the timeline prescribed in the nonrenewal notice.
History:
2019 c 54 art 1 s 33; 2019 c 60 art 1 s 28,47; 2022 c 98 art 1 s 43
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.61 — Staff Competency Evaluations.

144G.61 STAFF COMPETENCY EVALUATIONS.
Subdivision 1.
Instructor and competency evaluation requirements.
Instructors and competency evaluators must meet the following requirements:
(1) training and competency evaluations of unlicensed personnel who only provide assisted living services specified in section 144G.08, subdivision 9, clauses (1) to (5), must be conducted by individuals with work experience and training in providing these services; and
(2) training and competency evaluations of unlicensed personnel providing assisted living services must be conducted by a registered nurse, or another instructor may provide training in conjunction with the registered nurse.
Subd. 2.
Training and evaluation of unlicensed personnel.
(a) Training and competency evaluations for all unlicensed personnel must include the following:
(1) documentation requirements for all services provided;
(2) reports of changes in the resident's condition to the supervisor designated by the facility;
(3) basic infection control, including blood-borne pathogens;
(4) maintenance of a clean and safe environment;
(5) appropriate and safe techniques in personal hygiene and grooming, including:
(i) hair care and bathing;
(ii) care of teeth, gums, and oral prosthetic devices;
(iii) care and use of hearing aids; and
(iv) dressing and assisting with toileting;
(6) training on the prevention of falls;
(7) standby assistance techniques and how to perform them;
(8) medication, exercise, and treatment reminders;
(9) basic nutrition, meal preparation, food safety, and assistance with eating;
(10) preparation of modified diets as ordered by a licensed health professional;
(11) communication skills that include preserving the dignity of the resident and showing respect for the resident and the resident's preferences, cultural background, and family;
(12) awareness of confidentiality and privacy;
(13) understanding appropriate boundaries between staff and residents and the resident's family;
(14) procedures to use in handling various emergency situations; and
(15) awareness of commonly used health technology equipment and assistive devices.
(b) In addition to paragraph (a), training and competency evaluation for unlicensed personnel providing assisted living services must include:
(1) observing, reporting, and documenting resident status;
(2) basic knowledge of body functioning and changes in body functioning, injuries, or other observed changes that must be reported to appropriate personnel;
(3) reading and recording temperature, pulse, and respirations of the resident;
(4) recognizing physical, emotional, cognitive, and developmental needs of the resident;
(5) safe transfer techniques and ambulation;
(6) range of motioning and positioning; and
(7) administering medications or treatments as required.
History:
2019 c 60 art 1 s 16,47