Update: Assisted Living Licensure Rulemaking

Posted on March 18, 2020 by Kari Thurlow

At an Assisted Living Licensure Rulemaking Advisory Task Force meeting last week, the Minnesota Department of Health (MDH) reported that it is hoping to have a complete draft rule prepared and posted to its website and sent to the Revisor by mid-April.  

The Revisor must work to put the draft rule in the proper format before it can be published in the state register for public comment. That process can take several weeks, and it is unknown how the current COVID-19 restrictions will impact this work. Please note MDH is still working to meet its statutory deadline of Dec. 31, 2020 to complete the rule.

MDH shared four drafts of different sections of the rule with the advisory committee:

• Staffing
• Training
• Uniform disclosure of services
• Procedures for Discharge

MDH is still working to meet its statutory deadline of Dec. 21, 2020 to complete the rule.

The Advisory Task Force spent a majority of its time discussing draft rules related to staffing and training. LeadingAge MN and Care Providers of Minnesota both expressed strong concerns with the proposals related to staffing and training.  Some of the key issues we raised were as follows:

• Privacy regarding sharing of staff scheduling information: The draft rule goes into significant detail on the required staffing plan of each assisted living setting. It would require sharing staff schedules with residents and families, including the names of all personnel and scope of tasks permitted. 
• Additional Licensed Assisted Living Director requirements: The draft rule places additional requirements on the licensed assisted living director, which seem outside the scope of this rule, given that BENHA is also promulgating rules in this area. This could add confusion and conflicts of law.
• Significant training hours needed before new staff could work. Given the workforce shortages, the requirements seem unrealistic.
• Significant limitations on the use of temporary staff.
• Seems to discourage online training
• Does not seem to allow for person-centered training

MDH has reached out to both LeadingAge MN and Care Providers of MN to continue to work on these rules. We remain optimistic that we can reach a consensus and fair balance on these issues.

The next meeting of the Advisory Committee will be on March 26 via Skype from 2 p.m. – 4 p.m.  It will focus on clarifying questions and comments on agenda topics and current proposed rules. These meetings are open to the public. Join by calling:  888-742-5095 and then enter code: 3611 517 442.

You may also submit comments to these working drafts electronically.