Senator Andrew Mathews (R-Milaca) joined his Minnesota Senate colleagues in overwhelmingly passing bipartisan legislation that includes a series of protections for elderly and vulnerable Minnesotans and an extensive framework for the licensure of assisted living facilities. The Elder Care and Vulnerable Adult Protection Act of 2019 is the most significant reform to state law for elder care in decades.

“This legislation has been a long time coming, and by working not only across the aisle, but with all stakeholders involved, we were able to come to a historic, consensus agreement that aims to improve the care of seniors and protect the most vulnerable Minnesotans,” said Senator Mathews. “Without this bill, Minnesota is the only state in the country without a licensure process for assisted living facilities. It’s time to modernize our laws and put the care of seniors first.”

The bill comes after an historic consensus was reached among major stakeholders and advocacy groups, including state regulators, AARP Minnesota, LeadingAge Minnesota, Minnesota Elder Justice Center, Care Providers of Minnesota, Elder Voices Family Advocates, and Alzheimer’s Association. The legislation includes a comprehensive package of consumer protections designed to ensure the rights of elderly and vulnerable adults, including protections for residents against retaliation in nursing homes or assisted living facilities and a clear process for residents to appeal a termination of housing or services. The bill also enhances oversight of the state Office of Health Facility Complaints and provides needed funding for the Office of the Ombudsman of Long-Term Care. In addition, the bill contains provisions giving nursing home and assisted living residents the explicit right to use electronic monitoring devices in their rooms. Further, the bill includes an extensive framework for licensing assisted living facilities in Minnesota. There are two levels of licensure, one for assisted living facilities and another for facilities with dementia care services, which are subject to additional training requirements. A Resident Quality of Care and Outcomes Improvement Task Force is created to make recommendations on how to apply safety and quality improvement practices to long-term care services.

Importantly, the rights of assisted living facility residents are protected by a new consumer bill of rights. In addition, assisted living facilities will be subject to the oversight and regulatory authority of the state health department, which will have the ability to issue correction orders and fines to ensure facility standards are being upheld. Licensure requirements go into effect by August 1, 2021.

“After overwhelmingly passing the Senate and House on bipartisan votes, I look forward to Governor Walz signing this legislation into law soon,” concluded Senator Mathews.