Get Updated on the 2022 Legislative Changes to the Assisted Living License

From the desk of Julie  —

Are you complying with recently passed changes to Minnesota’s long-term care consultation services statute? Many of the provisions affecting assisted living licensees, become effective August 1, 2022.

Here is a summary of the key changes —

  1. Changes to the Assisted Living Bill of Rights. Modifies the assisted living bill of rights regarding personal treatment and privacy. “Residents have the right to consideration of their privacy, individuality, and cultural identity as related to their social, religious, and psychological well-being. Staff must respect the privacy of a resident’s space by knocking on the door and seeking consent before entering, except in an emergency unless otherwise documented in the resident’s service plan.”

B. Modifies the additional language that must be provided with the assisted living bill of rights. “If you want to report suspected abuse, neglect, or financial exploitation, you may contact the Minnesota Adult Abuse Reporting Center (MAARC). If you have a complaint about the facility or person providing your services, you may contact the Office of Health Facility Complaints, Minnesota Department of Health. If you would like to request advocacy services, you may contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health and Developmental Disabilities.”

  1. Changes to the grievance policy. Removes the requirement in the posted grievance policy to post the contact information for regional ombudsman.

B. Adds a requirement in the posted grievance policy to state that if an individual has a complaint about the facility or person providing services, the individual may contact the Office of Health Facility Complaints at the Minnesota Department of Health.

  1. Changes to the assisted living contract. Modifies information that must be included in an assisted living contract, to require “a delineation of the grounds under which residents may have housing terminated or be subject to emergency relocation.”

B. Also requires the facility’s health facility identification number, rather than license number, to be included on the contract in a conspicuous place and manner.

  1. Most areas of 144G that currently reference the Office of Ombudsman for Long-Term Care will now also be required to reference the Office of Ombudsman for Mental Health & Developmental Disabilities. Documents needs to include the following language:“You may contact the Ombudsman for Long-Term Care for questions about your rights as an assisted living facility resident and to request advocacy services. As an assisted living facility resident, you may contact the Ombudsman for Mental Health and Developmental Disabilities to request advocacy regarding your rights, concerns, or questions on issues relating to services for mental health, developmental disabilities, or chemical dependency.”

Documents impacted by the new language:• Notice to residents (144G.20 Subd.12)• Resident transfer plans regarding final revocation, refusal to renew, or suspension of license (144G.20 Subd. 15)• Notice regarding a meeting to discuss a resident’s termination (144G.52 Subd.2)• Included as part of the content of notice of termination (144G.52 Subd.8)• Included as part of the content of emergency relocation (144G.52 Subd.9)• Included as part of the content of nonrenewal of housing (144G.53(b))• Included as part of the content of a coordinate move (144G.55 Subd.1)• Included as part of the content of a transfer within the facility (144G.56 Subd.3)• Included as part of the content of a closure plan (144G.57 Subd.3)• Included as part of the resident notice regarding an approved closure plan (144G.57 subd.5)• Included as a required element of the service plan (144G.70 Subd.4)• Included in the updated assisted living bill of rights (144G.91 Subd.21)• Included as a reason to prohibit retaliation (contact with) regarding complaints (144G.92 Subd.1)• Included as information to be included with every assisted living contract (144g.93)

What this means for you:The new law will require administrators and nursing staff to once again update their notices, postings, and policies. Contracts and service plans will need to be modified, and a new bill of rights will need to be provided. For a full review of all the changes, see the attached link to the Minnesota Department of Health 06/16/2022 bulletin. HTTPS://content.govdelivery.com/accounts/MNMDH/bulletins/31c5092

For assistance with updating your documents please visit our website at srcaresolutions.net.

Julie Dietz, RN, PHNSenior Assisted Living ConsultantSenior Care Solutions julie.dietz@srcaresolutions.net

Read More:

WHAT, WHEN and WHY of an Investigation

WHAT, WHEN and WHY of an Investigation: What Warrants an Investigation

Are Use of Electric Recliners Lifting You Toward a Deficiency?

A powered recliner may be considered a physical device which may be used by or for the care of a resident to promote, supplement or enhance resident’s function and/or safety. To ensure the residents’ safety, it is recommended to have this device included in your physical device assessment and ensure that it is appropriate for use and added to the plan of care.

Skilled Care Reimbursement: Recipe for Reimbursement

Blog Post by Michelle Stober RN, BSN, PHN, CEO Senior Care Solutions — The MDS assessment is your invoice for getting paid and unless you are occasionally checking the coding of your “invoices” you might be losing out on significant revenue.

The Benefits of Mock Surveys in Hospice

Mock surveys rehearse official inspections for hospices, pinpointing areas for improvement before real surveys. This helps staff prepare, identifies weaknesses, and boosts confidence.

Lores Consulting and Senior Care Solutions Proudly Announce their Strategic Partnership!

Senior Care Solutions (SCS) announces a partnership with Lores Consulting, expanding into Home Care and Hospice services. Lores Vlaminck, a retiring expert, joins forces with SCS's Michelle Stober. Both are passionate about quality care and aim to serve a wider client base. SCS is also affiliating with relevant industry groups in Minnesota.

Hospice Compliance and Oversight

A recent surge in concerns about hospice care quality led to stricter regulations. The Hospice Act of 2021 requires tighter oversight, improved quality metrics, and stronger patient protections.

Nursing Home OSHA Ergonomics Program Law Effective 1/01/24

The 2023 Legislative Session passed a law effective January 1st , 2024 stating healthcare entities must have an ergonomics program (healthcare entity includes Nursing Homes).

The Heart of the Holidays: Meals in Assisted Living

Assisted living holiday meals are social events, but food safety is crucial. Staff should prioritize proper hygiene, temperature control, storage, and kitchen checks. Consider adaptations for resident needs while maintaining festive flavors. By following these tips, communities can celebrate safely and spread holiday cheer.

Navigating the Holidays through Grief

The holidays can be tough for those grieving. This blog post offers tips for coping, like acknowledging your feelings, creating new traditions, and setting boundaries. It also suggests honoring your loved one and practicing self-care. Remember, grief is personal, so be kind to yourself.

Five Creative Ideas for Leaders to Help Keep Your Team Engaged

We offer tips for leaders to bring fun into the workplace. Ideas include holding meetings in new locations, having team lunches, taking walks, incorporating fun elements into stand-up meetings, and organizing monthly team-building activities. It emphasizes that having fun boosts morale and shows investment in employees.

How Supplemental Nurses and Caregivers Can Help Your Assisted Living Staffing Plan

This blog post tackles healthcare staffing shortages. It highlights the use of supplemental staffing agencies and offers 3 key tips for facilities: 1) Verify agency accreditation, 2) Ensure staff meet facility requirements, and 3) Conduct thorough agency orientations. These steps help maintain quality care and compliance during staffing shortages.

Is Your Coffee Too Hot?

This blog post warns about the burn risk from hot coffee in healthcare facilities. While coffee should ideally brew at 195°F, safe drinking temperature is much lower (155°F can burn in 1 second!). Lowering brewing temperature sacrifices flavor. The solution is to prevent spills with locked machines, air pots, travel mugs, etc. pen_spark

Latest Updates on the MDH Assisted Living License Survey Trends

This blog post by Julie Dietz, a senior assisted living consultant, summarizes the most common deficiencies found in recent Minnesota assisted living facility inspections.

Reduce Immediate Jeopardy Tags With Appropriate Sling Use

High staff turnover and COVID-19 focus on infection control have led to more regulatory scrutiny in nursing homes. Inappropriate sling use is a growing concern. Facilities should ensure proper sling size, documented plans, staff training, and regular audits to prevent resident injuries.