2019 Elder Care and Vulnerable Adult Protection Act
Background
On June 5, 2019, Minnesota Governor Tim Walz signed the Elder Care and Vulnerable Adult Protection Act of 2019 into law. Key provisions of the act include the following:
- Addition of consumer protections such as allowing resident to conduct electronic monitoring (e.g., installation of in-room cameras at the resident’s expense); effective January 1, 2020
- Requirement for assisted living facilities to be licensed; effective August 1, 2021
- Requirement for all assisted living facilities in Minnesota to be a managed by a licensed assisted living director; effective August 1, 2021
- Capacity for Minnesota Department of Health (MDH) home care surveys increased to every two years
- Addition of staff for the Office of Ombudsman for Long-Term Care
- Inclusion of all assisted living regulations in one chapter of the law
Additional Provisions
These changes give MDH a greater enforcement authority over licensed home care providers who fail to comply with Minnesota’s Vulnerable Adult Protection Act and/or Minnesota home care licensure standards. Additional provisions include immediate fines, a focus on prevention, prioritized enforcement of service terminations for assisted living residents, and the establishment of a maltreatment compensation fund.
Implementation of Electronic Monitoring Requirement
On April 6, 2020, MDH released an update regarding electronic monitoring and COVID-19 stating that residents of congregate living settings retain the right to place a camera in their room, per State law, and representatives of a resident who wish to help install an electronic monitoring device have the right to access the resident’s room. This guidance is intended to assist facilities to accommodate these requests, and more information is available in COVID-19: Visitation Restriction Guidance for Residential Care Facilities in Minnesota.
MDH has released Information Bulletin 19-06 regarding the availability of consent forms to use when electronic monitoring is conducted by a resident in his/her room or living unit under MN Stat. sec. 144.6502.
Effective January 1, 2020, consent forms are required as part of Minnesota’s Electronic Monitoring Law when a resident wishes to use electronic monitoring.
Before placing an electronic monitoring device, a resident or resident’s representative must do the following:
- Give written consent.
- If they have a roommate, get written consent from the roommate or the roommate’s.
If the resident lacks the capacity to make decisions, the law allows for the resident’s representative to make the electronic monitoring decision on behalf of the resident. The law also prohibits knowingly interfering with electronic monitoring under certain circumstances.
Facilities must make the consent forms available to residents and inform residents of their option to conduct electronic monitoring.
Residents must notify facility staff before placing a video camera or recording device. There are situations, however, such as fear of retaliation, where residents can use an electronic monitoring device for 14 days without notifying the facility.
Additional instructions are included on each of the consent forms.
This law applies to nursing and boarding care homes, housing with services with assisted living designation and dementia units, and future assisted living facilities.
Questions and More Information
More information on home care and assisted living protections is available in MDH Information Bulletin 19-03 or by contacting the MDH Health Regulation Division at 1-651-201-4101.
As providers prepare for these changes, PrimeWest Health is ready to provide education, information, and technical assistance to help ensure ongoing access and choice for members. If you have questions, please call the Provider Contact Center at 1-866-431-0802 (toll free).
PW_09-19_407
Updated_04/13/2020
