Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1918 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to health; modifying consent to electronic monitoring requirements;
3	3		1.3 modifying provisions related to retaliation in nursing homes and assisted living
4	4		1.4 facilities; expanding membership and duties of the home care and assisted living
5	5		1.5 program advisory council; modifying the hospice bill of rights; prohibiting required
6	6		1.6 binding arbitration agreements in assisted living contracts; modifying medication
7	7		1.7 management requirements; modifying authority of health care agents to restrict
8	8		1.8 visitation and communication; amending Minnesota Statutes 2024, sections
9	9		1.9 144.6502, subdivision 3; 144.6512, subdivision 3, by adding a subdivision;
10	10		1.10 144A.04, by adding a subdivision; 144A.474, subdivision 11; 144A.4799;
11	11		1.11 144A.751, subdivision 1; 144G.08, by adding a subdivision; 144G.31, subdivision
12	12		1.12 8; 144G.51; 144G.71, subdivisions 3, 5; 144G.92, subdivision 2, by adding a
13	13		1.13 subdivision; 145C.07, by adding a subdivision; 145C.10.
14	14		1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
15	15		1.15 Section 1. Minnesota Statutes 2024, section 144.6502, subdivision 3, is amended to read:
16	16		1.16 Subd. 3.Consent to electronic monitoring.(a) Except as otherwise provided in this
17	17		1.17subdivision, a resident must consent to electronic monitoring in the resident's room or private
18	18		1.18living unit in writing on a notification and consent form. If the resident has not affirmatively
19	19		1.19objected to electronic monitoring and the resident representative attests that the resident's
20	20		1.20medical professional determines determined that the resident currently lacks the ability to
21	21		1.21understand and appreciate the nature and consequences of electronic monitoring, the resident
22	22		1.22representative may consent on behalf of the resident. For purposes of this subdivision, a
23	23		1.23resident affirmatively objects when the resident orally, visually, or through the use of
24	24		1.24auxiliary aids or services declines electronic monitoring. The resident's response must be
25	25		1.25documented on the notification and consent form.
26	26		1Section 1.
27		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS
	27	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS
28	28		SENATE
29	29		STATE OF MINNESOTA
30	30		S.F. No. 1918NINETY-FOURTH SESSION
31		-	(SENATE AUTHORS: DIBBLE~~, Hoffman~~ and ~~Abeler~~)
	31	+	(SENATE AUTHORS: DIBBLE and Hoffman)
32	32		OFFICIAL STATUSD-PGDATE
33	33		Introduction and first reading55902/27/2025
34	34		Referred to Health and Human Services
35	35		Comm report: No recommendation, re-referred to Human Services74003/13/2025
36	36		Author added Hoffman102803/24/2025
37	37		Comm report: Amended, No recommendation, re-referred to Judiciary and Public Safety1045a03/27/2025
38		-	Comm report: To pass as amended and re-refer to State and Local Government1241a04/01/2025
39		-	Author added Abeler135504/03/2025
40		-	Comm report: To pass as amended and re-refer to Human Services04/07/2025 2.1 (b) Prior to a resident representative consenting on behalf of a resident, the resident must
	38	+	Comm report: To pass as amended and re-refer to State and Local Government04/01/2025 2.1 (b) Prior to a resident representative consenting on behalf of a resident, the resident must
41	39		2.2be asked if the resident wants electronic monitoring to be conducted. The resident
42	40		2.3representative must explain to the resident:
43	41		2.4 (1) the type of electronic monitoring device to be used;
44	42		2.5 (2) the standard conditions that may be placed on the electronic monitoring device's use,
45	43		2.6including those listed in subdivision 6;
46	44		2.7 (3) with whom the recording may be shared under subdivision 10 or 11; and
47	45		2.8 (4) the resident's ability to decline all recording.
48	46		2.9 (c) A resident, or resident representative when consenting on behalf of the resident, may
49	47		2.10consent to electronic monitoring with any conditions of the resident's or resident
50	48		2.11representative's choosing, including the list of standard conditions provided in subdivision
51	49		2.126. A resident, or resident representative when consenting on behalf of the resident, may
52	50		2.13request that the electronic monitoring device be turned off or the visual or audio recording
53	51		2.14component of the electronic monitoring device be blocked at any time.
54	52		2.15 (d) Prior to implementing electronic monitoring, a resident, or resident representative
55	53		2.16when acting on behalf of the resident, must obtain the written consent on the notification
56	54		2.17and consent form of any other resident residing in the shared room or shared private living
57	55		2.18unit. A roommate's or roommate's resident representative's written consent must comply
58	56		2.19with the requirements of paragraphs (a) to (c). Consent by a roommate or a roommate's
59	57		2.20resident representative under this paragraph authorizes the resident's use of any recording
60	58		2.21obtained under this section, as provided under subdivision 10 or 11.
61	59		2.22 (e) Any resident conducting electronic monitoring must immediately remove or disable
62	60		2.23an electronic monitoring device prior to a new roommate moving into a shared room or
63	61		2.24shared private living unit, unless the resident obtains the roommate's or roommate's resident
64	62		2.25representative's written consent as provided under paragraph (d) prior to the roommate
65	63		2.26moving into the shared room or shared private living unit. Upon obtaining the new
66	64		2.27roommate's signed notification and consent form and submitting the form to the facility as
67	65		2.28required under subdivision 5, the resident may resume electronic monitoring.
68	66		2.29 (f) The resident or roommate, or the resident representative or roommate's resident
69	67		2.30representative if the representative is consenting on behalf of the resident or roommate, may
70	68		2.31withdraw consent at any time and the withdrawal of consent must be documented on the
71	69		2.32original consent form as provided under subdivision 5, paragraph (d).
72	70		2Section 1.
73		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 3.1 Sec. 2. Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:
	71	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 3.1 Sec. 2. Minnesota Statutes 2024, section 144.6512, subdivision 3, is amended to read:
74	72		3.2 Subd. 3.Retaliation against a resident.A resident has the right to be free from
75	73		3.3retaliation. For purposes of this section, to retaliate against a resident includes but is not
76	74		3.4limited to any of the following actions taken or threatened by a nursing home or an agent
77	75		3.5of the nursing home against a resident, or any person with a familial, personal, legal, or
78	76		3.6professional relationship with the resident:
79	77		3.7 (1) a discharge or transfer;
80	78		3.8 (2) any form of discrimination;
81	79		3.9 (3) restriction or prohibition of access:
82	80		3.10 (i) of the resident to the nursing home or visitors; or
83	81		3.11 (ii) of a family member or a person with a personal, legal, or professional relationship
84	82		3.12with the resident, to the resident, unless the restriction is the result of a court order;
85	83		3.13 (4) the imposition of involuntary seclusion or the withholding of food, care, or services;
86	84		3.14 (5) restriction of any of the rights granted to residents under state or federal law;
87	85		3.15 (6) restriction or reduction of access to or use of amenities, care, services, privileges, or
88	86		3.16living arrangements; or
89	87		3.17 (7) unauthorized removal, tampering with, or deprivation of technology, communication,
90	88		3.18or electronic monitoring devices.
91	89		3.19 Sec. 3. Minnesota Statutes 2024, section 144.6512, is amended by adding a subdivision
92	90		3.20to read:
93	91		3.21 Subd. 5a.Other remedies.In addition to the remedies otherwise provided by or available
94	92		3.22under the law, a resident or a resident's legal representative may bring an action in district
95	93		3.23court against a nursing home that retaliates against the resident in violation of this section.
96	94		3.24The court may award damages, injunctive relief, and any other relief the court deems just
97	95		3.25and equitable.
98	96		3.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes
99	97		3.27of action accruing on or after that date.
100	98		3Sec. 3.
101		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 4.1 Sec. 4. Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision to
	99	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 4.1 Sec. 4. Minnesota Statutes 2024, section 144A.04, is amended by adding a subdivision to
102	100		4.2read:
103	101		4.3 Subd. 13.Retaliation prevention training required.All employees of a nursing home,
104	102		4.4including managerial officials and licensed administrators, must participate in annual training
105	103		4.5on the requirements of section 144.6512 and preventing retaliation against nursing home
106	104		4.6residents.
107	105		4.7 Sec. 5. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read:
108	106		4.8 Subd. 11.Fines.(a) Fines and enforcement actions under this subdivision may be assessed
109	107		4.9based on the level and scope of the violations described in paragraph (b) and imposed
110	108		4.10immediately with no opportunity to correct the violation first as follows:
111	109		4.11 (1) Level 1, no fines or enforcement;
112	110		4.12 (2) Level 2, a fine of $500 per violation, in addition to any of the enforcement
113	111		4.13mechanisms authorized in section 144A.475 for widespread violations;
114	112		4.14 (3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement
115	113		4.15mechanisms authorized in section 144A.475;
116	114		4.16 (4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement
117	115		4.17mechanisms authorized in section 144A.475;
118	116		4.18 (5) for maltreatment violations for which the licensee was determined to be responsible
119	117		4.19for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.
120	118		4.20A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible
121	119		4.21for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury;
122	120		4.22and
123	121		4.23 (6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized
124	122		4.24for both surveys and investigations conducted.
125	123		4.25 When a fine is assessed against a facility for substantiated maltreatment, the commissioner
126	124		4.26shall not also impose an immediate fine under this chapter for the same circumstance.
127	125		4.27 (b) Correction orders for violations are categorized by both level and scope and fines
128	126		4.28shall be assessed as follows:
129	127		4.29 (1) level of violation:
130	128		4.30 (i) Level 1 is a violation that has no potential to cause more than a minimal impact on
131	129		4.31the client and does not affect health or safety;
132	130		4Sec. 5.
133		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 5.1 (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
	131	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 5.1 (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
134	132		5.2to have harmed a client's health or safety, but was not likely to cause serious injury,
135	133		5.3impairment, or death;
136	134		5.4 (iii) Level 3 is a violation that harmed a client's health or safety, not including serious
137	135		5.5injury, impairment, or death, or a violation that has the potential to lead to serious injury,
138	136		5.6impairment, or death; and
139	137		5.7 (iv) Level 4 is a violation that results in serious injury, impairment, or death;
140	138		5.8 (2) scope of violation:
141	139		5.9 (i) isolated, when one or a limited number of clients are affected or one or a limited
142	140		5.10number of staff are involved or the situation has occurred only occasionally;
143	141		5.11 (ii) pattern, when more than a limited number of clients are affected, more than a limited
144	142		5.12number of staff are involved, or the situation has occurred repeatedly but is not found to be
145	143		5.13pervasive; and
146	144		5.14 (iii) widespread, when problems are pervasive or represent a systemic failure that has
147	145		5.15affected or has the potential to affect a large portion or all of the clients.
148	146		5.16 (c) If the commissioner finds that the applicant or a home care provider has not corrected
149	147		5.17violations by the date specified in the correction order or conditional license resulting from
150	148		5.18a survey or complaint investigation, the commissioner shall provide a notice of
151	149		5.19noncompliance with a correction order by email to the applicant's or provider's last known
152	150		5.20email address. The noncompliance notice must list the violations not corrected.
153	151		5.21 (d) For every violation identified by the commissioner, the commissioner shall issue an
154	152		5.22immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct
155	153		5.23the violation in the time specified. The issuance of an immediate fine can occur in addition
156	154		5.24to any enforcement mechanism authorized under section 144A.475. The immediate fine
157	155		5.25may be appealed as allowed under this subdivision.
158	156		5.26 (e) The license holder must pay the fines assessed on or before the payment date specified.
159	157		5.27If the license holder fails to fully comply with the order, the commissioner may issue a
160	158		5.28second fine or suspend the license until the license holder complies by paying the fine. A
161	159		5.29timely appeal shall stay payment of the fine until the commissioner issues a final order.
162	160		5.30 (f) A license holder shall promptly notify the commissioner in writing when a violation
163	161		5.31specified in the order is corrected. If upon reinspection the commissioner determines that
164	162		5.32a violation has not been corrected as indicated by the order, the commissioner may issue a
165	163		5.33second fine. The commissioner shall notify the license holder by mail to the last known
166	164		5Sec. 5.
167		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 6.1address in the licensing record that a second fine has been assessed. The license holder may
	165	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 6.1address in the licensing record that a second fine has been assessed. The license holder may
168	166		6.2appeal the second fine as provided under this subdivision.
169	167		6.3 (g) A home care provider that has been assessed a fine under this subdivision has a right
170	168		6.4to a reconsideration or a hearing under this section and chapter 14.
171	169		6.5 (h) When a fine has been assessed, the license holder may not avoid payment by closing,
172	170		6.6selling, or otherwise transferring the licensed program to a third party. In such an event, the
173	171		6.7license holder shall be liable for payment of the fine.
174	172		6.8 (i) In addition to any fine imposed under this section, the commissioner may assess a
175	173		6.9penalty amount based on costs related to an investigation that results in a final order assessing
176	174		6.10a fine or other enforcement action authorized by this chapter.
177	175		6.11 (j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated
178	176		6.12special revenue account. On an annual basis, the balance in the special revenue account
179	177		6.13shall be appropriated to the commissioner to implement the recommendations of the advisory
180	178		6.14council established in section 144A.4799. The commissioner must publish on the department's
181	179		6.15website an annual report on the fines assessed and collected, and how the appropriated
182	180		6.16money was allocated.
183	181		6.17 (k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated
184	182		6.18special revenue account and appropriated to the commissioner to provide compensation
185	183		6.19according to subdivision 14 to clients subject to maltreatment. A client may choose to receive
186	184		6.20compensation from this fund, not to exceed $5,000 for each substantiated finding of
187	185		6.21maltreatment, or take civil action. This paragraph expires July 31, 2021.
188	186		6.22 Sec. 6. Minnesota Statutes 2024, section 144A.4799, is amended to read:
189	187		6.23 144A.4799 DEPARTMENT OF HEALTH LICENSED HOME CARE PROVIDER
190	188		6.24AND ASSISTED LIVING ADVISORY COUNCIL.
191	189		6.25 Subdivision 1.Membership.The commissioner of health shall appoint 13 14 persons
192	190		6.26to a home care and assisted living program advisory council consisting of the following:
193	191		6.27 (1) two four public members as defined in section 214.02 who shall be persons who are
194	192		6.28currently receiving home care services, persons who have received home care services
195	193		6.29within five years of the application date, persons who have family members receiving home
196	194		6.30care services, or persons who have family members who have received home care services
197	195		6.31within five years of the application date, one of whom must be a person who either is
198		-	6.32receiving or has received home care services ~~preferably~~ within the five years prior to initial
199		-	6.~~33appointment, one~~ of whom must be a person who has or had a family member receiving
	196	+	6.32receiving or has received home care services within the five years prior to initial appointment,
	197	+	6.33one of whom must be a person who has or had a family member receiving home care services
200	198		6Sec. 6.
201		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 7.~~1home care services preferably within~~ the five years prior to initial appointment, one of whom
202		-	7.~~2must be a person who either is~~ or has been a resident in an assisted living facility ~~preferably~~
203		-	7.~~3within the five years prior to initial appointment~~, and one of whom must be a person who
204		-	7.~~4has or had a family member residing in~~ an assisted living facility ~~preferably~~ within the five
205		-	7.~~5years prior to initial appointment;~~
206		-	7.~~6 (2) two Minnesota home care licensees representing basic and comprehensive levels of~~
207		-	7.~~7licensure who may be a managerial official,~~ an ~~administrator, a supervising registered nurse,~~
208		-	7.~~8or an unlicensed personnel performing home care tasks~~;
209		-	7.9 (3) one member representing the ~~Minnesota Board~~ of ~~Nursing~~;
210		-	7.10 (4) one member representing the Office of Ombudsman for ~~Long-Term Care;~~
211		-	7.~~11 (5) one member representing the Office of Ombudsman for Mental Health and~~
212		-	7.~~12Developmental Disabilities;~~
213		-	7.~~13 (6) beginning July 1, 2021, one member of a county health and human services or county~~
214		-	7.~~14adult protection office;~~
215		-	7.~~15 (7) two Minnesota assisted living facility licensees representing~~ assisted living facilities
216		-	7.~~16and assisted~~ living ~~facilities with dementia care levels of licensure who may be the facility's~~
217		-	7.~~17assisted living director~~, ~~managerial official~~, ~~or clinical nurse supervisor;~~
218		-	7.~~18 (8) one organization representing long-term care~~ providers~~, home care providers,~~ and
219		-	7.~~19assisted living providers~~ in ~~Minnesota; and~~
220		-	7.~~20 (9) two public members as defined~~ in ~~section 214.02.~~ One public ~~member shall be a~~
221		-	7.~~21person~~ who ~~either is~~ or ~~has been~~ a ~~resident~~ in an assisted living ~~facility and one public~~
222		-	7.~~22member shall be~~ a ~~person who has or had a family member living in an assisted living~~
223		-	7.~~23facility setting one representative of a consumer advocacy organization representing~~
224		-	7.~~24individuals receiving long-term~~ ~~care from licensed home care or assisted living providers.~~
225		-	7.~~25 Subd~~. ~~2.Organizations~~ and ~~meetings.~~The ~~advisory council shall be organized and~~
226		-	7.~~26administered under section 15.059 with per diems~~ and ~~costs paid within~~ the ~~limits of available~~
227		-	7.~~27appropriations. Meetings will~~ be ~~held quarterly and hosted~~ by the ~~department~~. ~~Subcommittees~~
228		-	7.~~28may be developed as necessary by~~ the ~~commissioner~~. ~~Advisory council meetings are subject~~
229		-	7.~~29to~~ the ~~Open Meeting Law under chapter 13D.~~
230		-	7.~~30 Subd.~~ ~~3.Duties.(a) At the commissioner's request,~~ ~~the advisory council shall provide~~
231		-	7.~~31advice regarding regulations of Department of Health licensed assisted living~~ and ~~home~~
232		-	7.~~32care providers in this chapter and chapter 144G, including advice on the following:~~
	199	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 7.1within the five years prior to initial appointment, one of whom must be a person who either
	200	+	7.2is or has been a resident in an assisted living facility within the five years prior to initial
	201	+	7.3appointment, and one of whom must be a person who has or had a family member residing
	202	+	7.4in an assisted living facility within the five years prior to initial appointment;
	203	+	7.5 (2) two Minnesota home care licensees representing basic and comprehensive levels of
	204	+	7.6licensure who may be a managerial official, an administrator, a supervising registered nurse,
	205	+	7.7or an unlicensed personnel performing home care tasks;
	206	+	7.8 (3) one member representing the Minnesota Board of Nursing;
	207	+	7.9 (4) one member representing the Office of Ombudsman for Long-Term Care;
	208	+	7.10 (5) one member representing the Office of Ombudsman for Mental Health and
	209	+	7.11Developmental Disabilities;
	210	+	7.12 (6) beginning July 1, 2021, one member of a county health and human services or county
	211	+	7.13adult protection office;
	212	+	7.14 (7) two Minnesota assisted living facility licensees representing assisted living facilities
	213	+	7.15and assisted living facilities with dementia care levels of licensure who may be the facility's
	214	+	7.16assisted living director, managerial official, or clinical nurse supervisor;
	215	+	7.17 (8) one organization representing long-term care providers, home care providers, and
	216	+	7.18assisted living providers in Minnesota; and
	217	+	7.19 (9) two public members as defined in section 214.02. One public member shall be a
	218	+	7.20person who either is or has been a resident in an assisted living facility and one public
	219	+	7.21member shall be a person who has or had a family member living in an assisted living
	220	+	7.22facility setting one representative of a consumer advocacy organization representing
	221	+	7.23individuals receiving long-term care from licensed home care or assisted living providers.
	222	+	7.24 Subd. 2.Organizations and meetings.The advisory council shall be organized and
	223	+	7.25administered under section 15.059 with per diems and costs paid within the limits of available
	224	+	7.26appropriations. Meetings will be held quarterly and hosted by the department. Subcommittees
	225	+	7.27may be developed as necessary by the commissioner. Advisory council meetings are subject
	226	+	7.28to the Open Meeting Law under chapter 13D.
	227	+	7.29 Subd. 3.Duties.(a) At the commissioner's request, the advisory council shall provide
	228	+	7.30advice regarding regulations of Department of Health licensed assisted living and home
	229	+	7.31care providers in this chapter and chapter 144G, including advice on the following:
	230	+	7.32 (1) community standards for home care practices;
233	231		7Sec. 6.
234		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 8.1 (1) community standards for home care practices;
235		-	8.2 (2) enforcement of licensing standards and whether certain disciplinary actions are
236		-	8.3appropriate;
237		-	8.4 (3) ways of distributing information to licensees and consumers of .home care and
238		-	8.5assisted living services defined under chapter 144G;
239		-	8.6 (4) training standards;
240		-	8.7 (5) identifying emerging issues and opportunities in home care and assisted living services
241		-	8.8defined under chapter 144G;
242		-	8.9 (6) identifying the use of technology in home and telehealth capabilities;
243		-	8.10 (7) allowable home care licensing modifications and exemptions, including a method
244		-	8.11for an integrated license with an existing license for rural licensed nursing homes to provide
245		-	8.12limited home care services in an adjacent independent living apartment building owned by
246		-	8.13the licensed nursing home; and
247		-	8.14 (8) recommendations for studies using the data in section 62U.04, subdivision 4, including
248		-	8.15but not limited to studies concerning costs related to dementia and chronic disease among
249		-	8.16an elderly population over 60 and additional long-term care costs, as described in section
250		-	8.1762U.10, subdivision 6.
251		-	8.18 (b) The advisory council shall perform other duties as directed by the commissioner.
252		-	8.19 (c) The advisory council shall annually make recommendations annually to the
253		-	8.20commissioner for the purposes of allocating the appropriation in section sections 144A.474,
254		-	8.21subdivision 11, paragraph (i) (j), and 144G.31, subdivision 8. The commissioner shall act
255		-	8.22upon the recommendations of the advisory council within one year of the advisory council
256		-	8.23submitting its recommendations to the commissioner. The recommendations shall address
257		-	8.24ways the commissioner may improve protection of the public under existing statutes and
258		-	8.25laws and improve quality of care. The council's recommendations may include but are not
259		-	8.26limited to special projects or initiatives that:
260		-	8.27 (1) create and administer training of licensees and ongoing training for their employees
261		-	8.28to improve clients' and residents' lives, supporting ways that support licensees, can improve
262		-	8.29and enhance quality care, and ways to provide technical assistance to licensees to improve
263		-	8.30compliance;
	232	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 8.1 (2) enforcement of licensing standards and whether certain disciplinary actions are
	233	+	8.2appropriate;
	234	+	8.3 (3) ways of distributing information to licensees and consumers of .home care and
	235	+	8.4assisted living services defined under chapter 144G;
	236	+	8.5 (4) training standards;
	237	+	8.6 (5) identifying emerging issues and opportunities in home care and assisted living services
	238	+	8.7defined under chapter 144G;
	239	+	8.8 (6) identifying the use of technology in home and telehealth capabilities;
	240	+	8.9 (7) allowable home care licensing modifications and exemptions, including a method
	241	+	8.10for an integrated license with an existing license for rural licensed nursing homes to provide
	242	+	8.11limited home care services in an adjacent independent living apartment building owned by
	243	+	8.12the licensed nursing home; and
	244	+	8.13 (8) recommendations for studies using the data in section 62U.04, subdivision 4, including
	245	+	8.14but not limited to studies concerning costs related to dementia and chronic disease among
	246	+	8.15an elderly population over 60 and additional long-term care costs, as described in section
	247	+	8.1662U.10, subdivision 6.
	248	+	8.17 (b) The advisory council shall perform other duties as directed by the commissioner.
	249	+	8.18 (c) The advisory council shall annually make recommendations annually to the
	250	+	8.19commissioner for the purposes of allocating the appropriation in section sections 144A.474,
	251	+	8.20subdivision 11, paragraph (i) (j), and 144G.31, subdivision 8. The recommendations shall
	252	+	8.21address ways the commissioner may improve protection of the public under existing statutes
	253	+	8.22and laws and improve quality of care. The council's recommendations may include but are
	254	+	8.23not limited to special projects or initiatives that:
	255	+	8.24 (1) create and administer training of licensees and ongoing training for their employees
	256	+	8.25to improve clients' and residents' lives, supporting ways that support licensees, can improve
	257	+	8.26and enhance quality care, and ways to provide technical assistance to licensees to improve
	258	+	8.27compliance;
	259	+	8.28 (2) develop and implement information technology and data projects that analyze and
	260	+	8.29communicate information about trends of in violations or lead to ways of improving resident
	261	+	8.30and client care;
	262	+	8.31 (3) improve communications strategies to licensees and the public;
	263	+	8.32 (4) recruit and retain direct care staff;
264	264		8Sec. 6.
265		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 9.1 (2) develop and implement information technology and data projects that analyze and
266		-	9.2communicate information about trends of in violations or lead to ways of improving resident
267		-	9.3and client care;
268		-	9.4 (3) improve communications strategies to licensees and the public;
269		-	9.5 (4) recruit and retain direct care staff;
270		-	9.6 (5) recommend education related to the care of vulnerable adults in professional nursing
271		-	9.7programs, nurse aide programs, and home health aide programs; and
272		-	9.8 (6) other projects or pilots that benefit residents, clients, families, and the public in other
273		-	9.9ways.
274		-	9.10 EFFECTIVE DATE.This section is effective July 1, 2025, and the amendments to
275		-	9.11subdivision 1, clause (1), apply to members whose initial appointment occurs on or after
276		-	9.12that date.
277		-	9.13 Sec. 7. Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:
278		-	9.14 Subdivision 1.Statement of rights.An individual who receives hospice care has the
279		-	9.15right to:
280		-	9.16 (1) receive written information about rights in advance of receiving hospice care or
281		-	9.17during the initial evaluation visit before the initiation of hospice care, including what to do
282		-	9.18if rights are violated;
283		-	9.19 (2) receive care and services according to a suitable hospice plan of care and subject to
284		-	9.20accepted hospice care standards and to take an active part in creating and changing the plan
285		-	9.21and evaluating care and services;
286		-	9.22 (3) be told in advance of receiving care about the services that will be provided, the
287		-	9.23disciplines that will furnish care, the frequency of visits proposed to be furnished, other
288		-	9.24choices that are available, and the consequence of these choices, including the consequences
289		-	9.25of refusing these services;
290		-	9.26 (4) be told in advance, whenever possible, of any change in the hospice plan of care and
291		-	9.27to take an active part in any change;
292		-	9.28 (5) refuse services or treatment;
293		-	9.29 (6) know, in advance, any limits to the services available from a provider, and the
294		-	9.30provider's grounds for a termination of services;
	265	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 9.1 (5) ensure sufficient education related to the care of vulnerable adults in professional
	266	+	9.2nursing programs, nurse aide programs, and home health aide programs; and
	267	+	9.3 (6) other projects or pilots that benefit residents, clients, families, and the public in other
	268	+	9.4ways.
	269	+	9.5 EFFECTIVE DATE.This section is effective July 1, 2025, and the amendments to
	270	+	9.6subdivision 1, clause (1), apply to members whose initial appointment occurs on or after
	271	+	9.7that date.
	272	+	9.8 Sec. 7. Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:
	273	+	9.9 Subdivision 1.Statement of rights.An individual who receives hospice care has the
	274	+	9.10right to:
	275	+	9.11 (1) receive written information about rights in advance of receiving hospice care or
	276	+	9.12during the initial evaluation visit before the initiation of hospice care, including what to do
	277	+	9.13if rights are violated;
	278	+	9.14 (2) receive care and services according to a suitable hospice plan of care and subject to
	279	+	9.15accepted hospice care standards and to take an active part in creating and changing the plan
	280	+	9.16and evaluating care and services;
	281	+	9.17 (3) be told in advance of receiving care about the services that will be provided, the
	282	+	9.18disciplines that will furnish care, the frequency of visits proposed to be furnished, other
	283	+	9.19choices that are available, and the consequence of these choices, including the consequences
	284	+	9.20of refusing these services;
	285	+	9.21 (4) be told in advance, whenever possible, of any change in the hospice plan of care and
	286	+	9.22to take an active part in any change;
	287	+	9.23 (5) refuse services or treatment;
	288	+	9.24 (6) know, in advance, any limits to the services available from a provider, and the
	289	+	9.25provider's grounds for a termination of services;
	290	+	9.26 (7) know in advance of receiving care whether the hospice services may be covered by
	291	+	9.27health insurance, medical assistance, Medicare, or other health programs in which the
	292	+	9.28individual is enrolled;
	293	+	9.29 (8) receive, upon request, a good faith estimate of the reimbursement the provider expects
	294	+	9.30to receive from the health plan company in which the individual is enrolled. A good faith
	295	+	9.31estimate must also be made available at the request of an individual who is not enrolled in
295	296		9Sec. 7.
296		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 10.1 (7) know in advance of receiving care whether the hospice services may be covered by
297		-	10.2health insurance, medical assistance, Medicare, or other health programs in which the
298		-	10.3individual is enrolled;
299		-	10.4 (8) receive, upon request, a good faith estimate of the reimbursement the provider expects
300		-	10.5to receive from the health plan company in which the individual is enrolled. A good faith
301		-	10.6estimate must also be made available at the request of an individual who is not enrolled in
302		-	10.7a health plan company. This payment information does not constitute a legally binding
303		-	10.8estimate of the cost of services;
304		-	10.9 (9) know that there may be other services available in the community, including other
305		-	10.10end of life services and other hospice providers, and know where to go for information
306		-	10.11about these services;
307		-	10.12 (10) choose freely among available providers and change providers after services have
308		-	10.13begun, within the limits of health insurance, medical assistance, Medicare, or other health
309		-	10.14programs;
310		-	10.15 (11) have personal, financial, and medical information kept private and be advised of
311		-	10.16the provider's policies and procedures regarding disclosure of such information;
312		-	10.17 (12) be allowed access to records and written information from records according to
313		-	10.18sections 144.291 to 144.298;
314		-	10.19 (13) be served by people who are properly trained and competent to perform their duties;
315		-	10.20 (14) be treated with courtesy and respect and to have the patient's property treated with
316		-	10.21respect;
317		-	10.22 (15) voice grievances regarding treatment or care that is, or fails to be, furnished or
318		-	10.23regarding the lack of courtesy or respect to the patient or the patient's property;
319		-	10.24 (16) be free from physical and verbal abuse;
320		-	10.25 (17) reasonable, advance notice of changes in services or charges, including at least ten
321		-	10.26days' advance notice of the termination of a service by a provider, except in cases where:
322		-	10.27 (i) the recipient of services engages in conduct that alters the conditions of employment
323		-	10.28between the hospice provider and the individual providing hospice services, or creates an
324		-	10.29abusive or unsafe work environment for the individual providing hospice services;
325		-	10.30 (ii) an emergency for the informal caregiver or a significant change in the recipient's
326		-	10.31condition has resulted in service needs that exceed the current service provider agreement
327		-	10.32and that cannot be safely met by the hospice provider; or
	297	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 10.1a health plan company. This payment information does not constitute a legally binding
	298	+	10.2estimate of the cost of services;
	299	+	10.3 (9) know that there may be other services available in the community, including other
	300	+	10.4end of life services and other hospice providers, and know where to go for information
	301	+	10.5about these services;
	302	+	10.6 (10) choose freely among available providers and change providers after services have
	303	+	10.7begun, within the limits of health insurance, medical assistance, Medicare, or other health
	304	+	10.8programs;
	305	+	10.9 (11) have personal, financial, and medical information kept private and be advised of
	306	+	10.10the provider's policies and procedures regarding disclosure of such information;
	307	+	10.11 (12) be allowed access to records and written information from records according to
	308	+	10.12sections 144.291 to 144.298;
	309	+	10.13 (13) be served by people who are properly trained and competent to perform their duties;
	310	+	10.14 (14) be treated with courtesy and respect and to have the patient's property treated with
	311	+	10.15respect;
	312	+	10.16 (15) voice grievances regarding treatment or care that is, or fails to be, furnished or
	313	+	10.17regarding the lack of courtesy or respect to the patient or the patient's property;
	314	+	10.18 (16) be free from physical and verbal abuse;
	315	+	10.19 (17) reasonable, advance notice of changes in services or charges, including at least ten
	316	+	10.20days' advance notice of the termination of a service by a provider, except in cases where:
	317	+	10.21 (i) the recipient of services engages in conduct that alters the conditions of employment
	318	+	10.22between the hospice provider and the individual providing hospice services, or creates an
	319	+	10.23abusive or unsafe work environment for the individual providing hospice services;
	320	+	10.24 (ii) an emergency for the informal caregiver or a significant change in the recipient's
	321	+	10.25condition has resulted in service needs that exceed the current service provider agreement
	322	+	10.26and that cannot be safely met by the hospice provider; or
	323	+	10.27 (iii) the recipient is no longer certified as terminally ill;
	324	+	10.28 (18) a coordinated transfer when there will be a change in the provider of services;
	325	+	10.29 (19) know how to contact an individual associated with the provider who is responsible
	326	+	10.30for handling problems and to have the provider investigate and attempt to resolve the
	327	+	10.31grievance or complaint;
328	328		10Sec. 7.
329		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 11.1 (iii) the recipient is no longer certified as terminally ill;
330		-	11.2 (18) a coordinated transfer when there will be a change in the provider of services;
331		-	11.3 (19) know how to contact an individual associated with the provider who is responsible
332		-	11.4for handling problems and to have the provider investigate and attempt to resolve the
333		-	11.5grievance or complaint;
334		-	11.6 (20) know the name and address of the state or county agency to contact for additional
335		-	11.7information or assistance;
336		-	11.8 (21) assert these rights personally, or have them asserted by the hospice patient's family
337		-	11.9when the patient has been judged incompetent, without retaliation; and
338		-	11.10 (22) have pain and symptoms managed to the patient's desired level of comfort, including
339		-	11.11ensuring appropriate pain medications are immediately available to the patient;
340		-	11.12 (23) revoke hospice election at any time; and
341		-	11.13 (24) receive curative treatment for any condition unrelated to the condition that qualified
342		-	11.14the individual for hospice, while remaining on hospice election.
343		-	11.15Sec. 8. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to
344		-	11.16read:
345		-	11.17 Subd. 55a.Registered nurse."Registered nurse" has the meaning given in section
346		-	11.18148.171, subdivision 20.
347		-	11.19Sec. 9. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:
348		-	11.20 Subd. 8.Deposit of fines.Fines collected under this section shall be deposited in a
349		-	11.21dedicated special revenue account. On an annual basis, the balance in the special revenue
350		-	11.22account shall be appropriated to the commissioner for special projects to improve resident
351		-	11.23quality of care and outcomes in assisted living facilities licensed under this chapter in
352		-	11.24Minnesota as recommended by the advisory council established in section 144A.4799. The
353		-	11.25commissioner must publish on the department's website an annual report on the fines assessed
354		-	11.26and collected, and how the appropriated money was allocated.
355		-	11.27Sec. 10. Minnesota Statutes 2024, section 144G.51, is amended to read:
356		-	11.28 144G.51 ARBITRATION.
357		-	11.29 (a) An assisted living facility must If an assisted living facility includes an arbitration
358		-	11.30provision in the assisted living contract, the provision and contract must:
	329	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 11.1 (20) know the name and address of the state or county agency to contact for additional
	330	+	11.2information or assistance;
	331	+	11.3 (21) assert these rights personally, or have them asserted by the hospice patient's family
	332	+	11.4when the patient has been judged incompetent, without retaliation; and
	333	+	11.5 (22) have pain and symptoms managed to the patient's desired level of comfort, including
	334	+	11.6ensuring appropriate pain medications are immediately available to the patient;
	335	+	11.7 (23) revoke hospice election at any time; and
	336	+	11.8 (24) receive curative treatment for any condition unrelated to the condition that qualified
	337	+	11.9the individual for hospice, while remaining on hospice election.
	338	+	11.10Sec. 8. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to
	339	+	11.11read:
	340	+	11.12 Subd. 55a.Registered nurse."Registered nurse" has the meaning given in section
	341	+	11.13148.171, subdivision 20.
	342	+	11.14Sec. 9. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:
	343	+	11.15 Subd. 8.Deposit of fines.Fines collected under this section shall be deposited in a
	344	+	11.16dedicated special revenue account. On an annual basis, the balance in the special revenue
	345	+	11.17account shall be appropriated to the commissioner for special projects to improve resident
	346	+	11.18quality of care and outcomes in assisted living facilities licensed under this chapter in
	347	+	11.19Minnesota as recommended by the advisory council established in section 144A.4799. The
	348	+	11.20commissioner must publish on the department's website an annual report on the fines assessed
	349	+	11.21and collected, and how the appropriated money was allocated.
	350	+	11.22Sec. 10. Minnesota Statutes 2024, section 144G.51, is amended to read:
	351	+	11.23 144G.51 ARBITRATION.
	352	+	11.24 (a) An assisted living facility must If an assisted living facility includes an arbitration
	353	+	11.25provision in the assisted living contract, the provision and contract must:
	354	+	11.26 (1) clearly and conspicuously disclose, in writing in an assisted living contract, any
	355	+	11.27arbitration provision in the contract that precludes, or limits, or delays the ability of a resident
	356	+	11.28or the resident's agent from taking a civil action.;
359	357		11Sec. 10.
360		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 12.1 (1) clearly and conspicuously disclose, in writing in an assisted living contract, any
361		-	12.2arbitration provision in the contract that precludes, or limits, or delays the ability of a resident
362		-	12.3or the resident's agent from taking a civil action.;
363		-	12.4 (b) An arbitration requirement must not include a choice of law or choice of venue
364		-	12.5provision. Assisted living contracts must (2) adhere to Minnesota law and any other
365		-	12.6applicable federal or local law.;
366		-	12.7 (3) not require any resident or the resident's representative to sign a contract containing
367		-	12.8a provision for binding arbitration as a condition of admission to, or as a requirement to
368		-	12.9continue to receive care at, the facility; and
369		-	12.10 (4) explicitly inform the resident or the resident's representative of the resident's right
370		-	12.11not to sign a contract containing a provision for binding arbitration as a condition of
371		-	12.12admission to, or as a requirement to continue to receive care at, the facility.
372		-	12.13Sec. 11. Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:
373		-	12.14 Subd. 3.Individualized medication monitoring and reassessment.The assisted living
374		-	12.15facility A registered nurse or qualified staff delegated the task by a registered nurse must
375		-	12.16monitor and reassess the resident's medication management services as needed under
376		-	12.17subdivision 2 when the resident presents with symptoms or other issues that may be
377		-	12.18medication-related and, at a minimum, annually.
378		-	12.19Sec. 12. Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:
379		-	12.20 Subd. 5.Individualized medication management plan.(a) For each resident receiving
380		-	12.21medication management services, the assisted living facility a registered nurse or qualified
381		-	12.22staff delegated the task by a registered nurse must prepare and include in the service plan
382		-	12.23a written statement of the medication management services that will be provided to the
383		-	12.24resident. The facility must develop and maintain a current individualized medication
384		-	12.25management record for each resident based on the resident's assessment that must contain
385		-	12.26the following:
386		-	12.27 (1) a statement describing the medication management services that will be provided;
387		-	12.28 (2) a description of storage of medications based on the resident's needs and preferences,
388		-	12.29risk of diversion, and consistent with the manufacturer's directions;
389		-	12.30 (3) documentation of specific resident instructions relating to the administration of
390		-	12.31medications;
	358	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 12.1 (b) An arbitration requirement must not include a choice of law or choice of venue
	359	+	12.2provision. Assisted living contracts must (2) adhere to Minnesota law and any other
	360	+	12.3applicable federal or local law.;
	361	+	12.4 (3) not require any resident or the resident's representative to sign a contract containing
	362	+	12.5a provision for binding arbitration as a condition of admission to, or as a requirement to
	363	+	12.6continue to receive care at, the facility; and
	364	+	12.7 (4) explicitly inform the resident or the resident's representative of the resident's right
	365	+	12.8not to sign a contract containing a provision for binding arbitration as a condition of
	366	+	12.9admission to, or as a requirement to continue to receive care at, the facility.
	367	+	12.10Sec. 11. Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:
	368	+	12.11 Subd. 3.Individualized medication monitoring and reassessment.The assisted living
	369	+	12.12facility A registered nurse or qualified staff delegated the task by a registered nurse must
	370	+	12.13monitor and reassess the resident's medication management services as needed under
	371	+	12.14subdivision 2 when the resident presents with symptoms or other issues that may be
	372	+	12.15medication-related and, at a minimum, annually.
	373	+	12.16Sec. 12. Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:
	374	+	12.17 Subd. 5.Individualized medication management plan.(a) For each resident receiving
	375	+	12.18medication management services, the assisted living facility a registered nurse or qualified
	376	+	12.19staff delegated the task by a registered nurse must prepare and include in the service plan
	377	+	12.20a written statement of the medication management services that will be provided to the
	378	+	12.21resident. The facility must develop and maintain a current individualized medication
	379	+	12.22management record for each resident based on the resident's assessment that must contain
	380	+	12.23the following:
	381	+	12.24 (1) a statement describing the medication management services that will be provided;
	382	+	12.25 (2) a description of storage of medications based on the resident's needs and preferences,
	383	+	12.26risk of diversion, and consistent with the manufacturer's directions;
	384	+	12.27 (3) documentation of specific resident instructions relating to the administration of
	385	+	12.28medications;
	386	+	12.29 (4) identification of persons responsible for monitoring medication supplies and ensuring
	387	+	12.30that medication refills are ordered on a timely basis;
391	388		12Sec. 12.
392		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS 13.1 (4) identification of ~~persons responsible for monitoring~~ medication ~~supplies and ensuring~~
393		-	13.~~2that medication refills are ordered on a timely basis~~;
394		-	13.3 (5) ~~identification of medication management tasks that may be delegated to unlicensed~~
395		-	13.~~4personnel~~;
396		-	13.5 (6) ~~procedures for staff notifying a registered nurse or appropriate licensed health~~
397		-	13.~~6professional when a problem arises with medication management services;~~ and
398		-	13.~~7 (7) any resident-specific requirements relating~~ to ~~documenting medication administration,~~
399		-	13.~~8verifications that all medications~~ are ~~administered as prescribed, and monitoring of~~
400		-	13.~~9medication use to prevent possible complications or adverse reactions~~.
401		-	13.10 (b) ~~The~~ medication ~~management record~~ must be ~~current and updated~~ when ~~there are any~~
402		-	13.~~11changes~~.
403		-	13.~~12 (c) Medication reconciliation must be completed when a licensed nurse~~, ~~licensed health~~
404		-	13.~~13professional, or authorized prescriber is providing medication management.~~
405		-	13.~~14Sec~~. ~~13. Minnesota Statutes 2024~~, ~~section 144G.92, subdivision 2,~~ is ~~amended to read:~~
406		-	13.~~15 Subd.~~ ~~2.Retaliation against~~ a ~~resident.A resident has~~ the ~~right to be free from~~
407		-	13.~~16retaliation. For purposes of this section, to retaliate~~ against a resident ~~includes but is not~~
408		-	13.~~17limited to any of~~ the ~~following actions taken or threatened by a facility or an agent of the~~
409		-	13.~~18facility against~~ a ~~resident, or any person with a familial, personal, legal, or professional~~
410		-	13.~~19relationship with the resident:~~
411		-	13.20 (1) ~~termination~~ of ~~a contract;~~
412		-	13.21 (2) ~~any form~~ of ~~discrimination~~;
413		-	13.22 (3) ~~restriction~~ or ~~prohibition of access:~~
414		-	13.~~23 (i) of~~ the resident to the ~~facility or visitors~~; or
415		-	13.24 (ii) of ~~a family member~~ or ~~a person with a personal~~, ~~legal~~, or ~~professional relationship~~
416		-	13.~~25with~~ the ~~resident,~~ to ~~the resident,~~ ~~unless the restriction is the result of a court order~~;
417		-	13.26 (4) ~~the imposition~~ of ~~involuntary seclusion~~ or ~~the withholding~~ of ~~food~~, care, or ~~services;~~
418		-	13.~~27 (5) restriction of any of the rights granted to residents under state~~ or ~~federal law;~~
419		-	13.28 (6) ~~restriction~~ or ~~reduction~~ of ~~access to or use of amenities~~, ~~care~~, ~~services, privileges, or~~
420		-	13.~~29living arrangements;~~ or
	389	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 13.1 (5) identification of medication management tasks that may be delegated to unlicensed
	390	+	13.2personnel;
	391	+	13.3 (6) procedures for staff notifying a registered nurse or appropriate licensed health
	392	+	13.4professional when a problem arises with medication management services; and
	393	+	13.5 (7) any resident-specific requirements relating to documenting medication administration,
	394	+	13.6verifications that all medications are administered as prescribed, and monitoring of
	395	+	13.7medication use to prevent possible complications or adverse reactions.
	396	+	13.8 (b) The medication management record must be current and updated when there are any
	397	+	13.9changes.
	398	+	13.10 (c) Medication reconciliation must be completed when a licensed nurse, licensed health
	399	+	13.11professional, or authorized prescriber is providing medication management.
	400	+	13.12Sec. 13. Minnesota Statutes 2024, section 144G.92, subdivision 2, is amended to read:
	401	+	13.13 Subd. 2.Retaliation against a resident.A resident has the right to be free from
	402	+	13.14retaliation. For purposes of this section, to retaliate against a resident includes but is not
	403	+	13.15limited to any of the following actions taken or threatened by a facility or an agent of the
	404	+	13.16facility against a resident, or any person with a familial, personal, legal, or professional
	405	+	13.17relationship with the resident:
	406	+	13.18 (1) termination of a contract;
	407	+	13.19 (2) any form of discrimination;
	408	+	13.20 (3) restriction or prohibition of access:
	409	+	13.21 (i) of the resident to the facility or visitors; or
	410	+	13.22 (ii) of a family member or a person with a personal, legal, or professional relationship
	411	+	13.23with the resident, to the resident, unless the restriction is the result of a court order;
	412	+	13.24 (4) the imposition of involuntary seclusion or the withholding of food, care, or services;
	413	+	13.25 (5) restriction of any of the rights granted to residents under state or federal law;
	414	+	13.26 (6) restriction or reduction of access to or use of amenities, care, services, privileges, or
	415	+	13.27living arrangements; or
	416	+	13.28 (7) unauthorized removal, tampering with, or deprivation of technology, communication,
	417	+	13.29or electronic monitoring devices.
421	418		13Sec. 13.
422		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 14.1 (7) unauthorized removal, tampering with, or deprivation of technology, communication,
423		-	14.2or electronic monitoring devices.
424		-	14.3 Sec. 14. Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision
425		-	14.4to read:
426		-	14.5 Subd. 4a.Other remedies.In addition to the remedies otherwise provided by or available
427		-	14.6under the law, a resident or a resident's legal representative may bring an action in district
428		-	14.7court against a facility that retaliates against the resident in violation of this section. The
429		-	14.8court may award damages, injunctive relief, and any other relief the court deems just and
430		-	14.9equitable.
431		-	14.10 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes
432		-	14.11of action accruing on or after that date.
433		-	14.12Sec. 15. Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision
434		-	14.13to read:
435		-	14.14 Subd. 6.Visits by others.A health care agent may not restrict the ability of the principal
436		-	14.15to communicate, visit, or interact with others, including receiving visitors, making or
437		-	14.16receiving telephone calls, sending or receiving personal mail, sending or receiving electronic
438		-	14.17communications including through social media, or participating in social activities, unless
439		-	14.18the health care agent has good cause to believe a restriction is necessary because interaction
440		-	14.19with the person poses a risk of significant physical, psychological, or financial harm to the
441		-	14.20principal, and there is no other means to avoid such significant harm. Notwithstanding
442		-	14.21section 145C.10, paragraph (c), restrictions made in violation of this subdivision carry no
443		-	14.22presumption that the health care agent is acting in good faith.
444		-	14.23Sec. 16. Minnesota Statutes 2024, section 145C.10, is amended to read:
445		-	14.24 145C.10 PRESUMPTIONS.
446		-	14.25 (a) The principal is presumed to have the capacity to execute a health care directive and
447		-	14.26to revoke a health care directive, absent clear and convincing evidence to the contrary.
448		-	14.27 (b) A health care provider or health care agent may presume that a health care directive
449		-	14.28is legally sufficient absent actual knowledge to the contrary. A health care directive is
450		-	14.29presumed to be properly executed, absent clear and convincing evidence to the contrary.
	419	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 14.1 Sec. 14. Minnesota Statutes 2024, section 144G.92, is amended by adding a subdivision
	420	+	14.2to read:
	421	+	14.3 Subd. 4a.Other remedies.In addition to the remedies otherwise provided by or available
	422	+	14.4under the law, a resident or a resident's legal representative may bring an action in district
	423	+	14.5court against a facility that retaliates against the resident in violation of this section. The
	424	+	14.6court may award damages, injunctive relief, and any other relief the court deems just and
	425	+	14.7equitable.
	426	+	14.8 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to causes
	427	+	14.9of action accruing on or after that date.
	428	+	14.10Sec. 15. Minnesota Statutes 2024, section 145C.07, is amended by adding a subdivision
	429	+	14.11to read:
	430	+	14.12 Subd. 6.Visits by others.A health care agent may not restrict the ability of the principal
	431	+	14.13to communicate, visit, or interact with others, including receiving visitors, making or
	432	+	14.14receiving telephone calls, sending or receiving personal mail, sending or receiving electronic
	433	+	14.15communications including through social media, or participating in social activities, unless
	434	+	14.16the health care agent has good cause to believe a restriction is necessary because interaction
	435	+	14.17with the person poses a risk of significant physical, psychological, or financial harm to the
	436	+	14.18principal, and there is no other means to avoid such significant harm. Notwithstanding
	437	+	14.19section 145C.10, paragraph (c), restrictions made in violation of this subdivision carry no
	438	+	14.20presumption that the health care agent is acting in good faith.
	439	+	14.21Sec. 16. Minnesota Statutes 2024, section 145C.10, is amended to read:
	440	+	14.22 145C.10 PRESUMPTIONS.
	441	+	14.23 (a) The principal is presumed to have the capacity to execute a health care directive and
	442	+	14.24to revoke a health care directive, absent clear and convincing evidence to the contrary.
	443	+	14.25 (b) A health care provider or health care agent may presume that a health care directive
	444	+	14.26is legally sufficient absent actual knowledge to the contrary. A health care directive is
	445	+	14.27presumed to be properly executed, absent clear and convincing evidence to the contrary.
	446	+	14.28 (c) Except as provided in section 145C.07, subdivision 6, a health care agent, and a
	447	+	14.29health care provider acting pursuant to the direction of a health care agent, are presumed to
	448	+	14.30be acting in good faith, absent clear and convincing evidence to the contrary.
	449	+	14.31 (d) A health care directive is presumed to remain in effect until the principal modifies
	450	+	14.32or revokes it, absent clear and convincing evidence to the contrary.
451	451		14Sec. 16.
452		-	S1918-3 3rd EngrossmentSF1918 REVISOR SGS 15.1 (c) Except as provided in section 145C.07, subdivision 6, a health care agent, and a
453		-	15.2health care provider acting pursuant to the direction of a health care agent, are presumed to
454		-	15.3be acting in good faith, absent clear and convincing evidence to the contrary.
455		-	15.4 (d) A health care directive is presumed to remain in effect until the principal modifies
456		-	15.5or revokes it, absent clear and convincing evidence to the contrary.
457		-	15.6 (e) This chapter does not create a presumption concerning the intention of an individual
458		-	15.7who has not executed a health care directive and, except as otherwise provided by section
459		-	15.8145C.15, does not impair or supersede any right or responsibility of an individual to consent,
460		-	15.9refuse to consent, or withdraw consent to health care on behalf of another in the absence of
461		-	15.10a health care directive.
462		-	15.11 (f) A copy of a health care directive is presumed to be a true and accurate copy of the
463		-	15.12executed original, absent clear and convincing evidence to the contrary, and must be given
464		-	15.13the same effect as an original.
465		-	15.14 (g) When a patient lacks decision-making capacity and is pregnant, and in reasonable
466		-	15.15medical judgment there is a real possibility that if health care to sustain her life and the life
467		-	15.16of the fetus is provided the fetus could survive to the point of live birth, the health care
468		-	15.17provider shall presume that the patient would have wanted such health care to be provided,
469		-	15.18even if the withholding or withdrawal of such health care would be authorized were she not
470		-	15.19pregnant. This presumption is negated by health care directive provisions described in
471		-	15.20section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in
472		-	15.21the absence of such provisions, by clear and convincing evidence that the patient's wishes,
473		-	15.22while competent, were to the contrary.
	452	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS 15.1 (e) This chapter does not create a presumption concerning the intention of an individual
	453	+	15.2who has not executed a health care directive and, except as otherwise provided by section
	454	+	15.3145C.15, does not impair or supersede any right or responsibility of an individual to consent,
	455	+	15.4refuse to consent, or withdraw consent to health care on behalf of another in the absence of
	456	+	15.5a health care directive.
	457	+	15.6 (f) A copy of a health care directive is presumed to be a true and accurate copy of the
	458	+	15.7executed original, absent clear and convincing evidence to the contrary, and must be given
	459	+	15.8the same effect as an original.
	460	+	15.9 (g) When a patient lacks decision-making capacity and is pregnant, and in reasonable
	461	+	15.10medical judgment there is a real possibility that if health care to sustain her life and the life
	462	+	15.11of the fetus is provided the fetus could survive to the point of live birth, the health care
	463	+	15.12provider shall presume that the patient would have wanted such health care to be provided,
	464	+	15.13even if the withholding or withdrawal of such health care would be authorized were she not
	465	+	15.14pregnant. This presumption is negated by health care directive provisions described in
	466	+	15.15section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in
	467	+	15.16the absence of such provisions, by clear and convincing evidence that the patient's wishes,
	468	+	15.17while competent, were to the contrary.
474	469		15Sec. 16.
475		-	S1918-~~3 3rd~~ EngrossmentSF1918 REVISOR SGS
	470	+	S1918-2 2nd EngrossmentSF1918 REVISOR SGS