MDH responds to Legal Study Group’s Questions on ALL

Posted on March 17, 2021 by Bobbie Guidry

The Minnesota Department of Health (MDH) recently provided helpful responses to several questions posed by a group of stakeholders regarding assisted living licensure.

MDH convened a group of stakeholders, including LeadingAge Minnesota and many of our legal business partner members, to address legal questions related to licensure of assisted living settings. MDH recently provided answers in writing to many of the questions posed by the group. The responses from MDH offer helpful information to providers in preparing for their applications for licensure:

• MDH acknowledges that a management company can serve as the assisted living licensee if the management company remains “responsible for the management, control or operation of the facility.”
• A vendor contracted to provide assisted living services does not need to hold a comprehensive home care license.
• An assisted living setting that has previously completed assessments and service plans for its transitioning residents, does not need to repeat these steps due to becoming licensed as an assisted living facility.
• When an entity converts to a licensed assisted living facility its employees will not be required to undergo new employee background studies, tuberculosis screenings, and basic training requirements as a result of conversion.
• MDH believes that it is outside of its purview to give guidance to how a licensed assisted facility structures its business involving the use of W-2 employees.
• Evidence establishing workers’ compensation coverage must be provided. If the insurance certificate identifies the name of the insured as being different from that of the licensee, evidence showing that the license applicant has workers’ compensation coverage, like a letter from a workers’ compensation insurance company stating that the license applicant has coverage that meets the requirements, can be provided as evidence.
• MDH will review applications in the order they are received so be sure to apply as soon as MDH makes the licensure application available.

Mark your calendars for April 7. We are planning a webinar to walk you through the process of completing your assisted living license application and will share additional information in Advantage as soon as registration is open.