June 2002

Information Bulletin 02-10
HWS-9
HC-12

Written Disclosure:
Special Program or Care Unit for Residents with a Diagnosis of Probable Alzheimer's Disease or a Related Disorder
Ombudsman for Older Minnesotan's Toll Free Complaint Line
HWS: Optional Registration
Information Bulletin 94-2 Determination of Home Care/Hospice Services: Obsolete

Purpose:

The purpose of this information bulletin is to inform Housing With Services Establishments (HWS), Assisted Living Home Care Providers (ALHCP) and other home care providers of amendments to Minnesota Statutes passed during the 2001 and 2002 Minnesota Legislative Sessions; and that Minnesota Department of Health Information Bulletin 94-2, Determination of Home Care/Hospice Services, is obsolete.

1. Effective October 1, 2001- Housing with Services Registration Act: Minnesota Statutes 144D.04, Subd. 2. Contents of contract. The content of the HWS contract was amended to require HWS operators to include the Office of Ombudsman for Older Minnesotans toll-free complaint line. Item 11 of the HWS contract requires the description of the establishment's complaint resolution process for residents and must now include the following toll free numbers.

Office of Ombudsman for Older Minnesotans
The toll-free Complaint Line
1-800-657-3591
651-431-2555

These amendments may be found at:
Minnesota Statutes 144D.04 HOUSING WITH SERVICES CONTRACTS.

The revised statute 144D.04, Subd. 2 item 11 states: "11) description of the establishment's complaint resolution process available to residents including the toll-free complaint line for the office of ombudsman for older Minnesotans;"

2. Effective October 1, 2001-Minnesota Home Care Licensure Act: Minnesota Statutes 144A.4605 Subd. 4.(d) was amended to require as a condition of licensure that an Assisted Living Home Care Provider comply with applicable disclosure provisions under Minnesota Statutes 325F.72 Disclosure of special care status.

These amendments may be found at:
Minnesota Statutes 144A.4605 CLASS F PROVIDER.

Minnesota Statutes, Subd. 4(d) states: "(d) An assisted living home care provider licensed under this section must comply with the disclosure provisions of section 325F.72 to the extent they are applicable."

3. Effective October 1, 2001 - Housing with Services Registration Act: Minnesota Statutes 144D.03, Subd. 2 (5) requires that a HWS establishment verify at time of registration compliance with disclosure provisions under Minnesota Statutes 325F.72 Disclosure of special care programs or units. This verification is obtained through completion of the HWS registration form.

These amendments may be found at:
Minnesota Statutes 144D.03 REGISTRATION.

Minnesota Statutes 144D.03, Sub. 2(5) states: "(5) verification that the establishment is complying with the requirements of section 325F.72, if applicable;"

Disclosure statements should be maintained at the HWS establishment and not sent to the Minnesota Department of Health

4. Effective October 1, 2001-Minnesota Disclosure of special care status: Minnesota Statutes 325F.72 requires a HWS establishment that provides a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or a related disorder or that advertise, market, or otherwise promote the establishment as providing specialized care for Alzheimer's disease or a related disorder, to comply with the disclosure requirements set forth in Minnesota Statutes 325F.72. This statute requires HWS to provide a written disclosure of certain information to MDH if requested; the ombudsman for older Minnesotans; and each person seeking placement within a residence, or the person's authorized representative, before an agreement to provide the care is entered into.

Minnesota Statutes 325F.72 may be found:
Minnesota Statutes 325F.72 DISCLOSURE OF SPECIAL CARE STATUS REQUIRED.

Minnesota Statutes 325F.72 Disclosure of special care status states:

325F.72 Disclosure of special care status required.

Subdivision 1. Persons to whom disclosure is required. Housing with services establishments,as defined in sections 144D.01 to 144D.07, that secure, segregate, or provide a special program or special unit for residents with a diagnosis of probable Alzheimer's disease or a related disorder or that advertise, market, or otherwise promote the establishment as providing specialized care for Alzheimer's disease or a related disorder are considered a "special care unit." All special care units shall provide a written disclosure to the following:

(1) the commissioner of health, if requested; (2) the office of ombudsman for older Minnesotans; and (3) each person seeking placement within a residence, or the person's authorized representative, before an agreement to provide the care is entered into.

Subd. 2. Content. Written disclosure shall include, but is not limited to, the following:

(1) a statement of the overall philosophy and how it reflects the special needs of residents with Alzheimer's disease or other dementias;

(2) the criteria for determining who may reside in the special care unit;

(3) the process used for assessment and establishment of the service plan or agreement, including how the plan is responsive to changes in the resident's condition;

(4) staffing credentials, job descriptions, and staff duties and availability, including any training specific to dementia;

(5) physical environment as well as design and security features that specifically address the needs of residents with Alzheimer's disease or other dementias;

(6) frequency and type of programs and activities for residents of the special care unit;

(7) involvement of families in resident care and availability of family support programs;

(8) fee schedules for additional services to the residents of the special care unit; and

(9) a statement that residents will be given a written notice 30 days prior to changes in the fee schedule.

Subd. 3. Duty to update. Substantial changes to disclosures must be reported to the parties listed in subdivision 1 at the time the change is made.

Subd. 4. Remedy. The attorney general may seek the remedies set forth in section 8.31 for repeated and intentional violations of this section. However, no private right of action may be maintained as provided under section 8.31, subdivision 3a.

5. When will MDH start enforcing these new requirements? MDH is responsible for enforcing the HWS registration and ALHCP licensure laws. Starting July 1, 2002, MDH will review compliance with the disclosure requirement as part of the HWS registration, the ALHCP licensure and the ALHCP survey processes.

6. Effective August 1, 2002- Housing with Services Establishments: Minnesota Statutes 144D.01, Subd. 4 was amended to include optional HWS registration for those establishments that meet all the requirements of 144D.01 except that fewer than 80 percent of the adult residents are age 55 or older.

Minnesota Laws 2002, Chapter 375, Article 2, sections 3 and 4 amend Minnesota Statutes 144D.01, subdivision 4, with the following addition:

Subd. 4. [HOUSING WITH SERVICES ESTABLISHMENT OR ESTABLISHMENT.] (a) "Housing with services establishment" or "establishment" means...

(2) an establishment that registers under section 144D.025...

144D.025 [OPTIONAL REGISTRATION.] An establishment that meets all the requirements of this chapter except that fewer than 80 percent of the adult residents are age 55 or older may, at its option, register as a housing with services establishment.

7. Information Bulletin 94-2 Determination of Home Care/Hospice Services is obsolete. Inquiries about determination of home care/hospices service and licensure should be referred to the Minnesota Department of Health, Licensing and Certification Program, Program Assurance Unit at 651-215-8701.

Home care licensure application forms, statutes, rules and documents may be accessed at:

Licensure Application Forms, Federal Certification, and Information for Health Care Providers

If you have any questions regarding this Information Bulletin, please contact in writing:

Minnesota Department of Health
Health Regulation Division
Licensing and Certification Program
85 East Seventh Place, Suite 300
PO Box 64900
St. Paul, Minnesota 55164-0900
Telephone: (651) 201-4101