HF3935 (Legislative Session 94 (2025-2026))
Policies and procedures required at assisted living facilities modified, and training requirements for unlicensed personnel at assisted living facilities modified.
Related bill: SF4121
AI Generated Summary
Purpose
The bill would revise how assisted living facilities operate in Minnesota by updating policies, procedures, and training related to resident care, staffing, and oversight. It also adds or strengthens enforcement provisions for violations.
Key changes to law
- Adds enforcement options and higher penalties for violations, including recovering investigation costs and increasing fines when harm (serious injury or death) occurs and the conduct is egregious.
- Updates required minimum standards for assisted living facilities, including alignment with the Nurse Practice Act and the Assisted Living Bill of Rights.
- Expands requirements around who can provide health care tasks (delegation by a registered nurse to unlicensed personnel) and how those tasks must be supervised and evaluated.
- Establishes more comprehensive staffing and on-site emergency coverage expectations (24/7 availability of staff and an on-site trained emergency responder, plus on-call RN coverage).
Main provisions and what the bill seeks to accomplish
- Clarifies penalties: The commissioner may assess investigation costs and increase fines for egregious conduct or when a serious injury or death results from a violation.
- Minimum requirements for facilities: Facilities must distribute the assisted living bill of rights, comply with the Nurse Practice Act, use person-centered planning, have a health care delegation system overseen by RNs, and ensure 24/7 health and safety support for residents.
- Resident rights and autonomy: Residents have rights related to decorating their unit, accessing food at any time, choosing visitors and visit times, choosing a roommate, and having a lockable door (with controlled access by staff and advance notice before entry). Facilities must not lock residents in their units.
- Staffing and emergency readiness: Facilities must develop staffing plans with biannual evaluations, maintain 24/7 on-site responses to resident requests, ensure availability of on-call RNs, and have an immediate plan to address emergencies.
- Policies and procedures: Each facility must have updated policies on maltreatment reporting, background checks, staff orientation and evaluation, complaint handling, resident needs assessments, nurse supervision, infection control, TB screening, license verification, delegation and supervision of tasks, and emergency procedures. Policies must be provided to residents or their representatives and shared with prospective residents before admission.
- Training and competency for unlicensed personnel: The bill adds extensive training requirements for unlicensed staff, including documentation, reporting changes in resident condition, infection control, hygiene and grooming, fall prevention, safe transfer techniques, medication and treatment reminders, nutrition and modified diets, confidentiality, privacy, boundaries, communication, emergency procedures, and knowledge of health technology and assistive devices. It also requires competency evaluations and ongoing observation and documentation of resident status.
Specific changes to statutes
- 144G.31 Subd. 7: Allows penalties to include investigation costs and potential increases in fines for egregious conduct or severe harm.
- 144G.41 Subdivisions 1-2: Sets minimum facility requirements (resident rights, nurse practice act compliance, delegation and supervision, 24/7 health/safety response, resident rights to decorate and access essentials, staffing plans, and on-site emergency readiness); requires comprehensive policies and procedures and annual or ongoing updates.
- 144G.61 Subdivision 2: Expands training and evaluation requirements for unlicensed personnel, outlining specific content areas and competency expectations.
Significant changes for residents and staff
- Residents gain stronger rights and more predictable access to food, visitors, and their living space, including a lockable door with controlled access.
- Facilities must ensure more robust staffing and 24/7 access to assistance and on-site emergency readiness.
- Unlicensed staff receive more structured and comprehensive training and ongoing competency evaluations, with emphasis on safety, communication, and appropriate handling of emergencies.
Implementation notes
- The bill would require facilities to implement the new policies and training standards and to provide updated materials to residents and prospective residents before admission and at relevant nursing assessments.
Relevant Terms assisted living facilities; unlicensed personnel; registered nurse; Nurse Practice Act; delegation of health care activities; supervision and evaluation; on-call registered nurse; 24 hours per day seven days per week; resident rights; assisted living bill of rights; lockable door; staffing plan; emergencies; on-site emergency responder; emergency procedures; infection control; TB screening; maltreatment reporting; background studies; orientation training; competency evaluations; documentation; communication; privacy; boundaries; health care services; medications; modified diets; body functioning; vital signs; safe transfer; range of motion; resident status; health technology; assistive devices; egregious conduct; investigation costs; fines.
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Human Services Finance and Policy on: March 18, 2026 08:15
- Human Services Finance and Policy on: March 10, 2026 08:15
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 05, 2026 | House | Action | Introduction and first reading, referred to | Human Services Finance and Policy | |
| March 18, 2026 | House | Action | Authors added |
Citations
[
{
"analysis": {
"added": [
"Penalties may be assessed based on costs related to an investigation that results in a final order, and fines may be increased when the violation results in serious injury or death and the licensee's conduct is deemed egregious."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 144G.31 subdivision 7 to authorize penalties related to investigations and to potentially increase fines for egregious conduct resulting in serious injury or death.",
"modified": [
"Expands penalty provisions for regulatory enforcement under 144G.31 Subd.7."
]
},
"citation": "144G.31",
"subdivision": "7"
},
{
"analysis": {
"added": [
"Distribute the assisted living bill of rights to residents.",
"Require compliance with the Nurse Practice Act (148.171 to 148.285) in service provision.",
"Mandate a person-centered planning and service delivery process.",
"Establish a system for delegation of health care activities to unlicensed personnel by a registered nurse, including supervision and evaluation as required by the Nurse Practice Act.",
"Provide a means for residents to request 24/7 health and safety assistance.",
"Allow residents to furnish and decorate their unit within the assisted living contract terms.",
"Permit residents access to food at any time.",
"Allow residents to choose visitors and visiting times.",
"Allow residents to choose a roommate if sharing a unit.",
"Notify residents of the right to have and use a lockable door to the unit, and require the licensee to provide locks.",
"Ensure staffing plans for determining staffing levels, including biannual evaluations of staffing adequacy.",
"Ensure availability of staff 24/7 to respond to resident requests for assistance, with specific requirements (awake, location, communication, etc.).",
"Provide staff access to an on-call registered nurse 24/7.",
"Have a plan to immediately attend to resident needs in an emergency.",
"Ensure a person trained in emergency response is on site 24/7."
],
"removed": [],
"summary": "This bill revises Subdivision 1 of 144G.41 to set minimum requirements for assisted living facilities, including resident rights, compliance with the Nurse Practice Act, planning, staffing, and emergency readiness.",
"modified": [
"Adds comprehensive minimum requirements for facilities, including rights, staffing, and emergency readiness."
]
},
"citation": "144G.41",
"subdivision": "1"
},
{
"analysis": {
"added": [
"Policies addressing maltreatment reporting of vulnerable adults (626.557).",
"Background studies for employees.",
"Orientation, training, and competency evaluations of staff and a process for evaluating staff performance.",
"Handling complaints regarding staff or services provided by staff.",
"Initial evaluations of residents’ needs and the provider’s ability to provide services.",
"Ongoing resident evaluations and assessments, including RN or licensed professional assessments and communication of changes in residents’ condition.",
"Orientation to and implementation of the assisted living bill of rights.",
"Infection control practices.",
"Medication/treatment reminders, and reminders for exercises if provided.",
"Screenings to show staff are free of tuberculosis per CDC standards.",
"Ensuring nurses and licensed health professionals have current licenses.",
"Delegation of tasks by RNs or licensed professionals and supervision of such staff.",
"Emergency procedures for emergencies (falls, heart events, breathing difficulties, bleeding, choking)."
],
"removed": [],
"summary": "This bill revises Subdivision 2 of 144G.41 to require facilities to have policies and procedures addressing key operating topics.",
"modified": [
"Expands required policies and procedures to address a broad set of compliance and safety topics."
]
},
"citation": "144G.41",
"subdivision": "2"
},
{
"analysis": {
"added": [
"Detailed documentation requirements for all services provided.",
"Reporting and communication of changes in residents’ condition to a designated supervisor.",
"Infection control training, including bloodborne pathogens, and maintaining a clean/safe environment.",
"Personal hygiene/grooming and care, including hair, teeth, hearing aids, and dressing.",
"Fall prevention training and standby assistance techniques.",
"Medication, exercise, and treatment reminders.",
"Nutrition, meals, food safety, and assistance with eating; preparation of modified diets as ordered.",
"Communication skills emphasizing dignity, privacy, confidentiality, and resident preferences.",
"Understanding boundaries between staff and residents and their families.",
"Emergency procedures and handling emergencies, including falls, heart events, breathing difficulties, bleeding, or choking.",
"Awareness of commonly used health technology and assistive devices."
],
"removed": [],
"summary": "This bill tightens training and evaluation requirements for unlicensed personnel (Subd. 2) in assisted living facilities.",
"modified": [
"Broadens and clarifies training and competency requirements for unlicensed personnel."
]
},
"citation": "144G.61",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References a nursing assessment requirement under 144G.70, Subd. 2; the bill does not modify the substance of this section but incorporates it by cross-reference.",
"modified": [
"Cross-references 144G.70 Subd. 2 in relation to nursing assessments."
]
},
"citation": "144G.70",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cites the Nurse Practice Act sections 148.171 through 148.285 as the governing framework for nursing practice, delegation, and related activities.",
"modified": [
"No direct modifications to the Nurse Practice Act; used as a cross-reference for compliance."
]
},
"citation": "148.171 to 148.285",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References 626.557 regarding reporting maltreatment of vulnerable adults; used to ground policy requirements within the bill.",
"modified": [
"Cross-reference to maltreatment reporting requirements."
]
},
"citation": "626.557",
"subdivision": ""
}
]Progress through the legislative process
In Committee