Minnesota: Assisted Living Licensure Rules Report Update

Mary Madison, RN, RAC-CT, CDP
Clinical Consultant – Briggs Healthcare

On March 29, 2021, Administrative Law Judge (ALJ) Ann O’Reilly issued a Report regarding the Minnesota Department of Health’s (MDH’s) proposed rules governing assisted living licensure. Because ALJ O’Reilly disapproved some of the rule, she gave a copy of her Report and the hearing record to Chief Judge Jenny Starr.

On April 8, 2021, Chief Judge Starr approved ALJ O’Reilly finding of defects. Chief Judge Starr provided her actions for MDH to take to correct the defects for the rule to be approved.

If MDH elects to adopt the actions suggested by Chief Judge Starr, makes no further changes, and Chief Judge Starr determines that the defects have been corrected, MDH may proceed to adopt the rules.  MDH may also request that Chief Judge Starr reconsider ALJ O’Reilly’s findings of defects and disapproval of a rule.

A link to both Reports can be found at:

https://www.health.state.mn.us/facilities/regulation/assistedliving/docs/hearing/rulereport.pdf.  These reports are 121 pages in length.