1.1 A bill for an act
1.2 relating to health; modifying consent to electronic monitoring requirements;
1.3 modifying provisions related to retaliation in nursing homes and assisted living
1.4 facilities; expanding membership and duties of the home care and assisted living
1.5 program advisory council; modifying the hospice bill of rights; prohibiting required
1.6 binding arbitration agreements in assisted living contracts; modifying medication
1.7 management requirements; modifying authority of health care agents to restrict
1.8 visitation and communication; amending Minnesota Statutes 2024, sections
1.9 144.6502, subdivision 3; 144.6512, subdivision 3, by adding a subdivision;
1.10 144A.04, by adding a subdivision; 144A.474, subdivision 11; 144A.4799,
1.11 subdivisions 1, 3; 144A.751, subdivision 1; 144G.08, by adding a subdivision;
1.12 144G.31, subdivision 8; 144G.51; 144G.71, subdivisions 3, 5; 144G.92, by adding
1.13 a subdivision; 145C.07, by adding a subdivision; 145C.10.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2024, section 144.6502, subdivision 3, is amended to read:
1.16 Subd. 3.Consent to electronic monitoring.(a) Except as otherwise provided in this
1.17subdivision, a resident must consent to electronic monitoring in the resident's room or private
1.18living unit in writing on a notification and consent form. If the resident has not affirmatively
1.19objected to electronic monitoring and the resident representative attests that the resident's
1.20medical professional determines determined that the resident currently lacks the ability to
1.21understand and appreciate the nature and consequences of electronic monitoring, the resident
1.22representative may consent on behalf of the resident. For purposes of this subdivision, a
1.23resident affirmatively objects when the resident orally, visually, or through the use of
1.24auxiliary aids or services declines electronic monitoring. The resident's response must be
1.25documented on the notification and consent form.
1Section 1.
REVISOR SGS/BM 25-0315002/20/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2458
NINETY-FOURTH SESSION
Authored by Noor03/17/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (b) Prior to a resident representative consenting on behalf of a resident, the resident must
2.2be asked if the resident wants electronic monitoring to be conducted. The resident
2.3representative must explain to the resident:
2.4 (1) the type of electronic monitoring device to be used;
2.5 (2) the standard conditions that may be placed on the electronic monitoring device's use,
2.6including those listed in subdivision 6;
2.7 (3) with whom the recording may be shared under subdivision 10 or 11; and
2.8 (4) the resident's ability to decline all recording.
2.9 (c) A resident, or resident representative when consenting on behalf of the resident, may
2.10consent to electronic monitoring with any conditions of the resident's or resident
2.11representative's choosing, including the list of standard conditions provided in subdivision
2.126. A resident, or resident representative when consenting on behalf of the resident, may
2.13request that the electronic monitoring device be turned off or the visual or audio recording
2.14component of the electronic monitoring device be blocked at any time.
2.15 (d) Prior to implementing electronic monitoring, a resident, or resident representative
2.16when acting on behalf of the resident, must obtain the written consent on the notification
2.17and consent form of any other resident residing in the shared room or shared private living
2.18unit. A roommate's or roommate's resident representative's written consent must comply
2.19with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
2.20resident representative under this paragraph authorizes the resident's use of any recording
2.21obtained under this section, as provided under subdivision 10 or 11.
2.22 (e) Any resident conducting electronic monitoring must immediately remove or disable
2.23an electronic monitoring device prior to a new roommate moving into a shared room or
2.24shared private living unit, unless the resident obtains the roommate's or roommate's resident
2.25representative's written consent as provided under paragraph (d) prior to the roommate
2.26moving into the shared room or shared private living unit. Upon obtaining the new
2.27roommate's signed notification and consent form and submitting the form to the facility as
2.28required under subdivision 5, the resident may resume electronic monitoring.
2.29 (f) The resident or roommate, or the resident representative or roommate's resident
2.30representative if the representative is consenting on behalf of the resident or roommate, may
2.31withdraw consent at any time and the withdrawal of consent must be documented on the
2.32original consent form as provided under subdivision 5, paragraph (d).
2Section 1.
REVISOR SGS/BM 25-0315002/20/25 3.1 Sec. 2. Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:
3.2 Subd. 3.Retaliation against a resident.A resident has the right to be free from
3.3retaliation. For purposes of this section, to retaliate against a resident includes but is not
3.4limited to any of the following actions taken or threatened by a nursing home or an agent
3.5of the nursing home against a resident, or any person with a familial, personal, legal, or
3.6professional relationship with the resident:
3.7 (1) a discharge or transfer;
3.8 (2) any form of discrimination;
3.9 (3) restriction or prohibition of access:
3.10 (i) of the resident to the nursing home or visitors; or
3.11 (ii) of a family member or a person with a personal, legal, or professional relationship
3.12with the resident, to the resident, unless the restriction is the result of a court order;
3.13 (4) the imposition of involuntary seclusion or the withholding of food, care, or services;
3.14 (5) restriction of any of the rights granted to residents under state or federal law;
3.15 (6) restriction or reduction of access to or use of amenities, care, services, privileges, or
3.16living arrangements; or
3.17 (7) unauthorized removal, tampering with, or deprivation of technology, communication,
3.18or electronic monitoring devices.
3.19 Sec. 3. Minnesota Statutes 2024, section 144.6512, is amended by adding a subdivision
3.20to read:
3.21 Subd. 5a.Other remedies.In addition to the remedies otherwise provided by or available
3.22under the law, a resident or a resident's legal representative may bring an action against a
3.23nursing home for retaliation as defined in this chapter.
3.24 Sec. 4. Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision to
3.25read:
3.26 Subd. 13.Retaliation prevention training required.All employees of a nursing home,
3.27including managerial officials and licensed administrators, must participate in annual training
3.28on the requirements of section 144.6512 and preventing retaliation against nursing home
3.29residents.
3Sec. 4.
REVISOR SGS/BM 25-0315002/20/25 4.1 Sec. 5. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read:
4.2 Subd. 11.Fines.(a) Fines and enforcement actions under this subdivision may be assessed
4.3based on the level and scope of the violations described in paragraph (b) and imposed
4.4immediately with no opportunity to correct the violation first as follows:
4.5 (1) Level 1, no fines or enforcement;
4.6 (2) Level 2, a fine of $500 per violation, in addition to any of the enforcement
4.7mechanisms authorized in section 144A.475 for widespread violations;
4.8 (3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement
4.9mechanisms authorized in section 144A.475;
4.10 (4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement
4.11mechanisms authorized in section 144A.475;
4.12 (5) for maltreatment violations for which the licensee was determined to be responsible
4.13for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.
4.14A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible
4.15for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury;
4.16and
4.17 (6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized
4.18for both surveys and investigations conducted.
4.19 When a fine is assessed against a facility for substantiated maltreatment, the commissioner
4.20shall not also impose an immediate fine under this chapter for the same circumstance.
4.21 (b) Correction orders for violations are categorized by both level and scope and fines
4.22shall be assessed as follows:
4.23 (1) level of violation:
4.24 (i) Level 1 is a violation that has no potential to cause more than a minimal impact on
4.25the client and does not affect health or safety;
4.26 (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
4.27to have harmed a client's health or safety, but was not likely to cause serious injury,
4.28impairment, or death;
4.29 (iii) Level 3 is a violation that harmed a client's health or safety, not including serious
4.30injury, impairment, or death, or a violation that has the potential to lead to serious injury,
4.31impairment, or death; and
4Sec. 5.
REVISOR SGS/BM 25-0315002/20/25 5.1 (iv) Level 4 is a violation that results in serious injury, impairment, or death;
5.2 (2) scope of violation:
5.3 (i) isolated, when one or a limited number of clients are affected or one or a limited
5.4number of staff are involved or the situation has occurred only occasionally;
5.5 (ii) pattern, when more than a limited number of clients are affected, more than a limited
5.6number of staff are involved, or the situation has occurred repeatedly but is not found to be
5.7pervasive; and
5.8 (iii) widespread, when problems are pervasive or represent a systemic failure that has
5.9affected or has the potential to affect a large portion or all of the clients.
5.10 (c) If the commissioner finds that the applicant or a home care provider has not corrected
5.11violations by the date specified in the correction order or conditional license resulting from
5.12a survey or complaint investigation, the commissioner shall provide a notice of
5.13noncompliance with a correction order by email to the applicant's or provider's last known
5.14email address. The noncompliance notice must list the violations not corrected.
5.15 (d) For every violation identified by the commissioner, the commissioner shall issue an
5.16immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct
5.17the violation in the time specified. The issuance of an immediate fine can occur in addition
5.18to any enforcement mechanism authorized under section 144A.475. The immediate fine
5.19may be appealed as allowed under this subdivision.
5.20 (e) The license holder must pay the fines assessed on or before the payment date specified.
5.21If the license holder fails to fully comply with the order, the commissioner may issue a
5.22second fine or suspend the license until the license holder complies by paying the fine. A
5.23timely appeal shall stay payment of the fine until the commissioner issues a final order.
5.24 (f) A license holder shall promptly notify the commissioner in writing when a violation
5.25specified in the order is corrected. If upon reinspection the commissioner determines that
5.26a violation has not been corrected as indicated by the order, the commissioner may issue a
5.27second fine. The commissioner shall notify the license holder by mail to the last known
5.28address in the licensing record that a second fine has been assessed. The license holder may
5.29appeal the second fine as provided under this subdivision.
5.30 (g) A home care provider that has been assessed a fine under this subdivision has a right
5.31to a reconsideration or a hearing under this section and chapter 14.
5Sec. 5.
REVISOR SGS/BM 25-0315002/20/25 6.1 (h) When a fine has been assessed, the license holder may not avoid payment by closing,
6.2selling, or otherwise transferring the licensed program to a third party. In such an event, the
6.3license holder shall be liable for payment of the fine.
6.4 (i) In addition to any fine imposed under this section, the commissioner may assess a
6.5penalty amount based on costs related to an investigation that results in a final order assessing
6.6a fine or other enforcement action authorized by this chapter.
6.7 (j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated
6.8special revenue account. On an annual basis, the balance in the special revenue account
6.9shall be appropriated to the commissioner to implement the recommendations of the advisory
6.10council established in section 144A.4799. The commissioner must publish on the department's
6.11website a report on the fines collected and how the appropriated money was allocated.
6.12 (k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated
6.13special revenue account and appropriated to the commissioner to provide compensation
6.14according to subdivision 14 to clients subject to maltreatment. A client may choose to receive
6.15compensation from this fund, not to exceed $5,000 for each substantiated finding of
6.16maltreatment, or take civil action. This paragraph expires July 31, 2021.
6.17 Sec. 6. Minnesota Statutes 2024, section 144A.4799, subdivision 1, is amended to read:
6.18 Subdivision 1.Membership.The commissioner of health shall appoint 13 15 persons
6.19to a home care and assisted living program advisory council consisting of the following:
6.20 (1) two four public members as defined in section 214.02 who shall be persons who are
6.21currently receiving home care services, persons who have received home care services
6.22within five years of the application date, persons who have family members receiving home
6.23care services, or persons who have family members who have received home care services
6.24within five years of the application date one of whom must be a person who either is or has
6.25received home care services, one of whom must be a person who has or had a family member
6.26receiving home care services, one of whom must be a person who either is or has been a
6.27resident in an assisted living facility, and one of whom must be a person who has or had a
6.28family member residing in an assisted living facility;
6.29 (2) two Minnesota home care licensees representing basic and comprehensive levels of
6.30licensure who may be a managerial official, an administrator, a supervising registered nurse,
6.31or an unlicensed personnel performing home care tasks;
6.32 (3) one member representing the Minnesota Board of Nursing;
6.33 (4) one member representing the Office of Ombudsman for Long-Term Care;
6Sec. 6.
REVISOR SGS/BM 25-0315002/20/25 7.1 (5) one member representing the Office of Ombudsman for Mental Health and
7.2Developmental Disabilities;
7.3 (6) beginning July 1, 2021, one member of a county health and human services or county
7.4adult protection office;
7.5 (7) two Minnesota assisted living facility licensees representing assisted living facilities
7.6and assisted living facilities with dementia care levels of licensure who may be the facility's
7.7assisted living director, managerial official, or clinical nurse supervisor;
7.8 (8) one organization representing long-term care providers, home care providers, and
7.9assisted living providers in Minnesota; and
7.10 (9) two public members as defined in section 214.02. One public member shall be a
7.11person who either is or has been a resident in an assisted living facility and one public
7.12member shall be a person who has or had a family member living in an assisted living
7.13facility setting representatives of consumer advocacy organizations, one of which must
7.14represent older adults who are receiving long-term care from a licensed home care or assisted
7.15living provider and one of which must represent adults living with disabilities who are
7.16receiving long-term care from a licensed home care or assisted living provider.
7.17 Sec. 7. Minnesota Statutes 2024, section 144A.4799, subdivision 3, is amended to read:
7.18 Subd. 3.Duties.(a) At the commissioner's request, the advisory council shall provide
7.19advice regarding regulations of Department of Health licensed assisted living and home
7.20care providers in this chapter, including advice on the following:
7.21 (1) community standards for home care practices;
7.22 (2) enforcement of licensing standards and whether certain disciplinary actions are
7.23appropriate;
7.24 (3) ways of distributing information to licensees and consumers of home care and assisted
7.25living services defined under chapter 144G;
7.26 (4) training standards;
7.27 (5) identifying emerging issues and opportunities in home care and assisted living services
7.28defined under chapter 144G;
7.29 (6) identifying the use of technology in home and telehealth capabilities;
7.30 (7) allowable home care licensing modifications and exemptions, including a method
7.31for an integrated license with an existing license for rural licensed nursing homes to provide
7Sec. 7.
REVISOR SGS/BM 25-0315002/20/25 8.1limited home care services in an adjacent independent living apartment building owned by
8.2the licensed nursing home; and
8.3 (8) recommendations for studies using the data in section 62U.04, subdivision 4, including
8.4but not limited to studies concerning costs related to dementia and chronic disease among
8.5an elderly population over 60 and additional long-term care costs, as described in section
8.662U.10, subdivision 6.
8.7 (b) The advisory council shall perform other duties as directed by the commissioner.
8.8 (c) The advisory council shall annually make recommendations to the commissioner for
8.9the purposes of allocating the appropriation in section sections 144A.474, subdivision 11,
8.10paragraph (i) (j), and 144G.31, subdivision 8. The recommendations shall address ways the
8.11commissioner may improve protection of the public under existing statutes and laws and
8.12improve quality of care. The council's recommendations may include but are not limited to
8.13special projects or initiatives that:
8.14 (1) create and administer training of licensees and ongoing training for their employees
8.15to improve residents' lives, supporting ways that licensees can improve and enhance quality
8.16care and ways to provide technical assistance to licensees to improve compliance;
8.17 (2) information technology and data projects that analyze and communicate information
8.18about trends of violations or lead to ways of improving client care;
8.19 (3) communications strategies to licensees and the public;
8.20 (4) provide equitable wages for staff providing direct care;
8.21 (5) ensuring sufficient education related to the care of vulnerable adults in professional
8.22nursing programs, nurse aide programs, and home health aide programs; and
8.23 (6) other projects or pilots that benefit clients, families, and the public.
8.24 Sec. 8. Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:
8.25 Subdivision 1.Statement of rights.An individual who receives hospice care has the
8.26right to:
8.27 (1) receive written information about rights in advance of receiving hospice care or
8.28during the initial evaluation visit before the initiation of hospice care, including what to do
8.29if rights are violated;
8Sec. 8.
REVISOR SGS/BM 25-0315002/20/25 9.1 (2) receive care and services according to a suitable hospice plan of care and subject to
9.2accepted hospice care standards and to take an active part in creating and changing the plan
9.3and evaluating care and services;
9.4 (3) be told in advance of receiving care about the services that will be provided, the
9.5disciplines that will furnish care, the frequency of visits proposed to be furnished, other
9.6choices that are available, and the consequence of these choices, including the consequences
9.7of refusing these services;
9.8 (4) be told in advance, whenever possible, of any change in the hospice plan of care and
9.9to take an active part in any change;
9.10 (5) refuse services or treatment;
9.11 (6) know, in advance, any limits to the services available from a provider, and the
9.12provider's grounds for a termination of services;
9.13 (7) know in advance of receiving care whether the hospice services may be covered by
9.14health insurance, medical assistance, Medicare, or other health programs in which the
9.15individual is enrolled;
9.16 (8) receive, upon request, a good faith estimate of the reimbursement the provider expects
9.17to receive from the health plan company in which the individual is enrolled. A good faith
9.18estimate must also be made available at the request of an individual who is not enrolled in
9.19a health plan company. This payment information does not constitute a legally binding
9.20estimate of the cost of services;
9.21 (9) know that there may be other services available in the community, including other
9.22end of life services and other hospice providers, and know where to go for information
9.23about these services;
9.24 (10) choose freely among available providers and change providers after services have
9.25begun, within the limits of health insurance, medical assistance, Medicare, or other health
9.26programs;
9.27 (11) have personal, financial, and medical information kept private and be advised of
9.28the provider's policies and procedures regarding disclosure of such information;
9.29 (12) be allowed access to records and written information from records according to
9.30sections 144.291 to 144.298;
9.31 (13) be served by people who are properly trained and competent to perform their duties;
9Sec. 8.
REVISOR SGS/BM 25-0315002/20/25 10.1 (14) be treated with courtesy and respect and to have the patient's property treated with
10.2respect;
10.3 (15) voice grievances regarding treatment or care that is, or fails to be, furnished or
10.4regarding the lack of courtesy or respect to the patient or the patient's property;
10.5 (16) be free from physical and verbal abuse;
10.6 (17) reasonable, advance notice of changes in services or charges, including at least ten
10.7days' advance notice of the termination of a service by a provider, except in cases where:
10.8 (i) the recipient of services engages in conduct that alters the conditions of employment
10.9between the hospice provider and the individual providing hospice services, or creates an
10.10abusive or unsafe work environment for the individual providing hospice services;
10.11 (ii) an emergency for the informal caregiver or a significant change in the recipient's
10.12condition has resulted in service needs that exceed the current service provider agreement
10.13and that cannot be safely met by the hospice provider; or
10.14 (iii) the recipient is no longer certified as terminally ill;
10.15 (18) a coordinated transfer when there will be a change in the provider of services;
10.16 (19) know how to contact an individual associated with the provider who is responsible
10.17for handling problems and to have the provider investigate and attempt to resolve the
10.18grievance or complaint;
10.19 (20) know the name and address of the state or county agency to contact for additional
10.20information or assistance;
10.21 (21) assert these rights personally, or have them asserted by the hospice patient's family
10.22when the patient has been judged incompetent, without retaliation; and
10.23 (22) have pain and symptoms managed to the patient's desired level of comfort, including
10.24ensuring appropriate pain medications are immediately available to the patient;
10.25 (23) revoke hospice election at any time; and
10.26 (24) receive curative treatment for any condition unrelated to the condition that qualified
10.27the individual for hospice, while remaining on hospice election.
10.28Sec. 9. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to
10.29read:
10.30 Subd. 55a.Registered nurse."Registered nurse" has the meaning given in section
10.31148.171, subdivision 20.
10Sec. 9.
REVISOR SGS/BM 25-0315002/20/25 11.1 Sec. 10. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:
11.2 Subd. 8.Deposit of fines.Fines collected under this section shall be deposited in a
11.3dedicated special revenue account. On an annual basis, the balance in the special revenue
11.4account shall be appropriated to the commissioner for special projects to improve resident
11.5quality of care and outcomes in assisted living facilities licensed under this chapter in
11.6Minnesota as recommended by the advisory council established in section 144A.4799. The
11.7commissioner must publish on the department's website a report on the fines collected and
11.8how the appropriated money was allocated.
11.9 Sec. 11. Minnesota Statutes 2024, section 144G.51, is amended to read:
11.10 144G.51 ARBITRATION.
11.11 (a) An assisted living facility must If an assisted living facility includes an arbitration
11.12provision in the assisted living contract, the provision and contract must:
11.13 (1) clearly and conspicuously disclose, in writing in an assisted living contract, any
11.14arbitration provision in the contract that precludes, or limits, or delays the ability of a resident
11.15or the resident's agent from taking a civil action.;
11.16 (b) An arbitration requirement must not include a choice of law or choice of venue
11.17provision. Assisted living contracts must (2) adhere to Minnesota law and any other
11.18applicable federal or local law.;
11.19 (3) not require any resident or the resident's representative to sign a contract containing
11.20a provision for binding arbitration as a condition of admission to, or as a requirement to
11.21continue to receive care at, the facility; and
11.22 (4) explicitly inform the resident or the resident's representative of the resident's right
11.23not to sign a contract containing a provision for binding arbitration as a condition of
11.24admission to, or as a requirement to continue to receive care at, the facility.
11.25Sec. 12. Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:
11.26 Subd. 3.Individualized medication monitoring and reassessment.The assisted living
11.27facility A registered nurse or qualified staff delegated the task by a registered nurse must
11.28monitor and reassess the resident's medication management services as needed under
11.29subdivision 2 when the resident presents with symptoms or other issues that may be
11.30medication-related and, at a minimum, annually.
11Sec. 12.
REVISOR SGS/BM 25-0315002/20/25 12.1 Sec. 13. Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:
12.2 Subd. 5.Individualized medication management plan.(a) For each resident receiving
12.3medication management services, the assisted living facility a registered nurse or qualified
12.4staff delegated the task by a registered nurse must prepare and include in the service plan
12.5a written statement of the medication management services that will be provided to the
12.6resident. The facility must develop and maintain a current individualized medication
12.7management record for each resident based on the resident's assessment that must contain
12.8the following:
12.9 (1) a statement describing the medication management services that will be provided;
12.10 (2) a description of storage of medications based on the resident's needs and preferences,
12.11risk of diversion, and consistent with the manufacturer's directions;
12.12 (3) documentation of specific resident instructions relating to the administration of
12.13medications;
12.14 (4) identification of persons responsible for monitoring medication supplies and ensuring
12.15that medication refills are ordered on a timely basis;
12.16 (5) identification of medication management tasks that may be delegated to unlicensed
12.17personnel;
12.18 (6) procedures for staff notifying a registered nurse or appropriate licensed health
12.19professional when a problem arises with medication management services; and
12.20 (7) any resident-specific requirements relating to documenting medication administration,
12.21verifications that all medications are administered as prescribed, and monitoring of
12.22medication use to prevent possible complications or adverse reactions.
12.23 (b) The medication management record must be current and updated when there are any
12.24changes.
12.25 (c) Medication reconciliation must be completed when a licensed nurse, licensed health
12.26professional, or authorized prescriber is providing medication management.
12.27Sec. 14. Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision
12.28to read:
12.29 Subd. 4a.Other remedies.In addition to the remedies otherwise provided by or available
12.30under the law, a resident or a resident's legal representative may bring an action against an
12.31assisted living facility for retaliation as defined in this chapter.
12Sec. 14.
REVISOR SGS/BM 25-0315002/20/25 13.1 Sec. 15. Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision
13.2to read:
13.3 Subd. 6.Visits by others.A health care agent may not restrict the ability of the principal
13.4to communicate, visit, or interact with others, including receiving visitors, making or
13.5receiving telephone calls, sending or receiving personal mail, sending or receiving electronic
13.6communications including through social media, or participating in social activities, unless
13.7the health care agent has good cause to believe a restriction is necessary because interaction
13.8with the person poses a risk of significant physical, psychological, or financial harm to the
13.9principal, and there is no other means to avoid such significant harm. Notwithstanding
13.10section 145C.10, paragraph (c), restrictions made in violation of this subdivision carry no
13.11presumption that the health care agent is acting in good faith.
13.12Sec. 16. Minnesota Statutes 2024, section 145C.10, is amended to read:
13.13 145C.10 PRESUMPTIONS.
13.14 (a) The principal is presumed to have the capacity to execute a health care directive and
13.15to revoke a health care directive, absent clear and convincing evidence to the contrary.
13.16 (b) A health care provider or health care agent may presume that a health care directive
13.17is legally sufficient absent actual knowledge to the contrary. A health care directive is
13.18presumed to be properly executed, absent clear and convincing evidence to the contrary.
13.19 (c) Except as provided in section 145C.07, subdivision 6, a health care agent, and a
13.20health care provider acting pursuant to the direction of a health care agent, are presumed to
13.21be acting in good faith, absent clear and convincing evidence to the contrary.
13.22 (d) A health care directive is presumed to remain in effect until the principal modifies
13.23or revokes it, absent clear and convincing evidence to the contrary.
13.24 (e) This chapter does not create a presumption concerning the intention of an individual
13.25who has not executed a health care directive and, except as otherwise provided by section
13.26145C.15, does not impair or supersede any right or responsibility of an individual to consent,
13.27refuse to consent, or withdraw consent to health care on behalf of another in the absence of
13.28a health care directive.
13.29 (f) A copy of a health care directive is presumed to be a true and accurate copy of the
13.30executed original, absent clear and convincing evidence to the contrary, and must be given
13.31the same effect as an original.
13Sec. 16.
REVISOR SGS/BM 25-0315002/20/25 14.1 (g) When a patient lacks decision-making capacity and is pregnant, and in reasonable
14.2medical judgment there is a real possibility that if health care to sustain her life and the life
14.3of the fetus is provided the fetus could survive to the point of live birth, the health care
14.4provider shall presume that the patient would have wanted such health care to be provided,
14.5even if the withholding or withdrawal of such health care would be authorized were she not
14.6pregnant. This presumption is negated by health care directive provisions described in
14.7section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in
14.8the absence of such provisions, by clear and convincing evidence that the patient's wishes,
14.9while competent, were to the contrary.
14Sec. 16.
REVISOR SGS/BM 25-0315002/20/25