Assisted Living and Older Adult Protections Legislation

In June 2019, Minnesota passed The Elder Care and Vulnerable Protection Act of 2019, a sweeping new law addressing assisted living licensure and older adult protection. The law:

• Combines all assisted living regulations into one chapter of law.
• Covers all services and physical plant requirements.
• Creates a new licensing structure for a single entity responsible for all services.

There are 2 levels of licensure: assisted living and assisted living with dementia. The law includes a new survey structure for assisted living communities, which will be paid for by licensing fees. It also identifies new qualifications for the credentialing of assisted living directors.

New protections for older adults include protections against retaliation, new fines for maltreatment in home care, electronic monitoring protections, and stronger resident rights in contract terminations and appeals.

Effective dates for the various provisions of the law fall between Aug. 1, 2019 and Aug. 1, 2021. Additional regulations and guidance will be issued.

Read the full text of the statute.

Safe Care for Seniors Campaign

At the beginning of 2019, LeadingAge Minnesota embarked on a campaign called “Safe Care for Seniors,” which is designed to:

• Keep residents safe from harm.
• Provide care with respect and dignity.
• Create safe, trusted, and inclusive environments that elders are proud to call home and that give families confidence and peace of mind.

Safe Care for Seniors is a comprehensive safety and quality improvement program to prevent intentional and unintentional harm that can occur in the course of caregiving.

Through words and actions, the campaign is committed to 6 principles:

• Respect and Dignity – Always ... creating partnerships with providers, caregivers, seniors, and their families.
• Speak Up. Take Action ... empowering staff, residents, and families to speak up if they see something that is unsafe or makes them uncomfortable, and ensuring systems and supports are in place to respond to concerns.
• A New Way of Thinking and Doing Things ... uncovering new opportunities for learning and improvement when something unexpected does happen.
• Quality Care and Services ... identifying improvement opportunities and strengthening a culture of safety.
• Improved Communication ... creating open and effective communication among all who live and work in our settings.
• Enhanced Engagement ... engaging staff, residents, and families in our safety and quality work.

Visit LeadingAge Minnesota for resources and more information about the Safe Care for Seniors campaign.