ST.PAUL, Minn. – Today, state Rep. Liz Olson (DFL – Duluth) and state Sen. Scott Dibble (DFL – Minneapolis) introduced a comprehensive package of legislation aimed at improving eldercare in the state of Minnesota, directly addressing abuse, assault, neglect and other maltreatment in Minnesota’s assisted living facilities and nursing homes. Many of the ideas and recommendations emerged last year from an Elder Abuse Consumer Workgroup convened by AARP Minnesota, which backs the legislation along with other organizations such as Elder Voice Family Advocates and Legal Aid.
“Minnesotans have an expectation that when they make the difficult decision to move into assisted living, they will receive the quality of care they need to age in place and maintain an excellent quality of life. But they also expect to do so free of the heartbreaking, abhorrent behaviors that have been highlighted far too frequently at the hands of the very people entrusted to care for them,” Rep. Olson said. “This package of reforms and protections has been carefully crafted with the likes of AARP and other groups to ensure our focus is on consumers and their wellbeing. It’s time for the Legislature to come together and get this done to protect our parents and grandparents and all older and vulnerable adults in Minnesota.”
“The Health Department still receives more than 400 reports of maltreatment at health facilities each week. It’s clear that a lot more needs to be done to change behaviors inside these institutions to stop the abuse of elderly and other vulnerable people,” Sen. Dibble said. “More timely and thorough investigations, while important, won’t suffice to protect seniors from violent crimes. This legislation will require assisted-living facilities to be licensed by the state and it’ll clarify state law to give people the right to place cameras in senior homes to monitor care of their loved ones, among other changes.”
“This bill will protect older, vulnerable adults by ensuring safe standards of care and addressing the significant imbalance of power that exists today between seniors, their families and the facilities caring for them,” said Mary Jo George, AARP Minnesota’s Associate State Director of Advocacy.
To protect the health and safety of residents, the bill takes the significant step of providing new licensing requirements for assisted living facilities, with additional requirements for those providing memory care. Minnesota is currently the only state in the nation without such requirements, meaning few protections exist to safeguard vulnerable adults, many of whom have Alzheimer’s and other forms of dementia. Within the licensing framework, the bill will also help residents receive coordinated care from housing and homecare providers to enhance accountability and better ensure effective and safe care.
Another provision prohibits deceptive, misleading, and aggressive marketing practices, allowing consumers to have “Informed Choice” regarding the level of services a facility actually has the ability and capacity to deliver. The legislation strengthens and provides clarity for the rights of residents and their families, including new appeal rights when housing or services are terminated, the ability for a resident to have a camera in their apartment or private nursing home room, and new access requirements for residents enrolling in Medical Assistance, who are currently often forced out of a facility upon enrollment.
The bill also seeks to end retaliation against residents and their families by creating new guidelines clearly defining it, and providing vulnerable adults the ability to seek enforcement through a private right of action. Currently, there are no protections against retaliation in either nursing homes or assisted living facilities, rendering many resident rights unenforceable. Often, this occurs when residents and family members speak up regarding care received, safety concerns or suspected maltreatment.
The House version has been referred to the Health and Human Services Policy Committee, and the House Long-Term Care Division has already held in-depth discussions on this issue. The Senate version of the bill has been referred to the Family Care and Aging Committee.