Minn. R. 4659.0130 - CONDITIONS FOR PLANNED CLOSURES
Subpart
1.
Planned closure; notifying commissioner and
ombudsman.
A. Before voluntarily
closing, a facility must submit to the commissioner and the ombudsman the
following in writing:
(1) the proposed
closure plan; and
(2) the name and
contact information of another individual, in addition to the facility
director, responsible for the daily operation and management of the facility
during the facility's closure process.
B. A facility may not accept new residents or
enter into new assisted living contracts for any new residents as of the date
that written notification of the closure is submitted under item A.
C. A licensee must comply with the
requirements of this part when the licensee decides to not renew the housing
contracts of all of its residents.
Subp. 2.
Proposed closure plan;
contents.
A facility's proposed closure plan must include:
A. the reason for the closure and the
proposed date of closure;
B. a
proposed timetable for relocating residents, and how the facility will
facilitate residents relocations;
C. a list identifying each resident that will
need to be relocated;
D. for those
residents identified under item C:
(1) the
residents current levels of care, whether the resident receives services from
the facility, and any special needs or medical conditions;
(2) the residents payment source and, if
applicable, medical assistance identification number;
(3) the names and contact information of the
residents representatives and case manager, if any; and
(4) those residents who do not have a
representative or case manager but who the facility has reason to believe may
have diminished cognitive capacity;
E. identification of at least two safe and
appropriate housing providers and, for residents receiving services,
appropriate service providers that are in reasonably close geographic proximity
to the facility and may be able to accept a resident;
F. the roles and responsibilities of the
licensee, assisted living director, and any temporary managers or monitors
during the closure process, and their contact information;
G. policies and procedures for ongoing
operations and management of the facility during the closure process that
ensure:
(1) payment of all operating
expenses;
(2) staffing and
resources to continue providing services, medications, treatments, and supplies
to meet each residents needs, as ordered by the residents physician or
practitioner, until closure;
(3)
residents meals, medications, and treatments are not disrupted during the
closure process;
(4) transportation
of residents during discharge and transfer;
(5) residents telephone, Internet services,
and any electronic monitoring equipment are transferred and
reconnected;
(6) residents personal
funds .are accounted for, maintained, and reported to the resident and
residents representative during the closure process; and
(7) residents belongings are labeled and kept
safe, and residents are given contact information for retrieving missing items
after the facility has closed.
Subp. 3.
Commissioner acknowledgment of
notice.
A. Within 14 calendar days of
receiving notice under subpart 1, the commissioner shall acknowledge receipt in
writing of a facility's planned closure to the licensee.
B. Within 45 calendar days of acknowledging
receipt of the notice under subpart 1, the commissioner shall approve the
proposed closure plan and verify in writing the effective date of the closure
to the licensee.
(1) During this period, the
commissioner may contact the licensee about necessary amendments to the closure
plan before the commissioner approves it and verifies the effective date of the
closure.
(2) During this period,
the licensee must establish and maintain ongoing communication with the
commissioner regarding the status of the closure of the facility and timely
respond to the commissioners inquiries.
C. When the commissioner receives written
notices of at least three license relinquishments or planned closures within 30
calendar days from the same licensee, the commissioner shall approve and verily
the effective date of each closure in writing to the licensee within 75
calendar days of acknowledging receipt of the third notice.
D. No residents may be relocated pursuant to
a proposed closure plan until the commissioner approves the proposed closure
plan or until a modified closure plan is agreed upon by the commissioner and
the licensee.
Subp. 4.
Notice to residents. The licensee shall provide the same written
notice of the closure to each resident and the residents representatives and
case manager that was submitted in subpart 1 and approved by the commissioner.
The notice must include a primary facility contact that the resident and the
residents representatives and case manager can contact to discuss relocating
the resident out of the facility due to the planned closure.
Subp. 5.
Resident-relocation
evaluation.
A. After the commissioner
approves the closure plan, the facility must prepare a written
resident-relocation evaluation for each resident identified under subpart 2,
item C. The evaluation must include:
(1) the
residents current service plans;
(2) the list of safe and appropriate housing
and service providers identified under subpart 2, item E;
(3) the residents needs and choices;
and
(4) the right of the resident
to tow the safe location and appropriate service provider, if applicable, prior
to relocation.
B. The
facility must provide a written copy of the resident-relocation evaluation to
the resident and the residents representatives and case manager as soon as
practicable but no later than the planning conference under subpart 6, item A,
Subp. 6.
Resident-relocation plan.
A. The
facility must hold a planning conference to develop a written
resident-relocation plan with each resident and the residents representative,
case manager, and other individuals invited by the resident to the planning
conference.
B. The relocation plan
must incorporate the relocation evaluation developed in subpart 5.
C. The resident-relocation plan must comply
with part 4659.0120, subpart 7, item C.
D. The facility must implement the
resident-relocation plan, must comply with the coordinated move requirements
under Minnesota Statutes, section
144G.55,
and must provide a copy of the resident relocation plan to the resident, and
with the residents consent, the residents representatives and case manager, if
applicable.
E. The department may
visit the facility to monitor the closwe process.
Subp. 7.
Resident-relocation
verification. Within 14 calendar days of all residents having left the
facility, the licensee, based on information provided by the resident or
residents representative, case manager, or family member, shall notify the
commissioner in writing that the licensee completed the closwe and verify to
the commissioner that the licensee complied with the coordinated move
requirements in Minnesota Statutes, section
144G.55.
Subp. 8.
Information regarding resident
relocation to receiving provider. The facility must comply with part
4659.0120, subpart 8, for all residents who relocate due to the
closure.
Subp. 9.
Disbursing
resident funds. Within 30 calendar days of the effective date of the
facility closure, the facility must follow the requirements of Minnesota
Statutes, section
144G.42,
subdivision 5.
Subp. 10.
Resident discharge summary. When a resident moves out of the
facility, the facility must provide the resident with a written discharge
summary that complies with part 4659.0120, subpart 9.
Subp. 11.
License forfeiture.
The licensee forfeits its assisted living facility license or assisted living
facility with dementia care license upon the effective date of closure
identified in subpart 3.
Notes
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