Testimony Highlights Consequences of Legislation to Require Assisted Living Licensure for HUD and Other Exempt Settings

Posted on March 7, 2024 by Erin Huppert

This week, LeadingAge Minnesota and its Long-Term Care Imperative partner led advocacy efforts and testimony opposing a bill to restore licensure requirements and administrative burden for currently exempt settings from assisted living licensure (144G).

Bill would require exempt settings to become licensed assisted living

SF 4044 was heard for the first time in Senate Human Services. The bill would require currently exempt settings to be licensed as assisted living providers with few exceptions and require exempt settings to comply with several provisions of 144G, including:

• Preserving coordinated moves
• Non-renewal of housing contract requirements
• Relocation and contract termination processes

These requirements would apply to any exempt setting that offers assisted living services, not just for residents who receive assisted living services.

Unintended consequences would limit access

We have expressed serious concerns with this legislation. These settings were exempt from the original creation of 144G with intention and purpose: The financial requirements of licensure and regulatory compliance are greater than what can be absorbed through HUD or other federal housing funding.

Many exempt settings have a combination of residents who receive assisted living services and those who do not, and residents receiving only housing support have agency and autonomy over their choices.

Most importantly, access to specialized services for low-income Minnesotans, particularly individuals with mental illness, behavioral health issues, or substance use disorders, would be put in jeopardy.

These exempt settings often fill a critical need in their community, serving individuals who may otherwise face homelessness, admission to a hospital, or another higher acuity setting.

Testimony punctuated concerns

Thanks in part to strong testimony by LeadingAge MN members Kimelyn Knight, Director of Aging Services at Amhurst Wilder Foundation, and Josh Berg, Director of Services and Strategic Growth at Accessible Spaces, Inc., the committee and bill sponsor echoed concerns about the scope and impact on the record. While the legislation was allowed to advance to its next committee stop, the committee made it clear that the legislation required more work before it could be incorporated into a potential omnibus bill this session.

Take action

If you are concerned about the impact of repealing exempt-settings protections from assisted living licensure, contact your lawmakers today. https://www.leadingagemn.org/get-involved/take-action/