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Bill would take 'comprehensive' approach to protect Minnesotans from elder abuse

Kris Sundberg, president of Elder Voice Family Advocates, and Beth McMullen, vice president of government affairs at Alzheimer’s Association Minnesota-North Dakota, testify before the House Health and Human Services Policy Committee. Photo by Andrew VonBank
Kris Sundberg, president of Elder Voice Family Advocates, and Beth McMullen, vice president of government affairs at Alzheimer’s Association Minnesota-North Dakota, testify before the House Health and Human Services Policy Committee. Photo by Andrew VonBank

Minnesota is the only state that doesn’t license assisted living facilities, Rep. Liz Olson (DFL-Duluth) told the House Health and Human Services Policy Committee Tuesday.

HF90 would change that, and institute several other measures intended to create “strong protections” against abuse, neglect, assault, and other forms of maltreatment in assisted living facilities as well as nursing homes.

The bill, sponsored by Rep. Jennifer Schultz (DFL-Duluth), was approved, as amended, and referred to the House Judiciary Finance and Civil Law Division.

A companion, SF8, sponsored by Sen. Karin Housley (R-St. Marys Point), awaits action by the Senate Family Care and Aging Committee.

Dan Pollock, assistant commissioner for the Department of Human Services, commended the legislation, calling it a “really great, comprehensive approach” to the problem of elder abuse.

The “very large bill” was based on the recommendations of the Elder Abuse Consumer Workgroup and includes many provisions, but focuses on assisted living licensure, Olson said.

“We believe this under-regulation has led to an epidemic growth in abuse,” Elder Voice Family Advocates President Kris Sundberg said.

She and other testifiers described the pain suffered by their loved ones at facilities where they were supposed to feel loved and safe: abuse that led to death and medical complications, injuries caused by mishandling or neglect, sexual assaults by other residents or staff, isolation being used as a punishment, verbal insults, and the failure to provide basic care or perform wellness checks.

“We just want to know there’s qualified staff looking out for our loved ones in a safe … environment,” said Lauren Edstrom, whose mother has dementia. “My son’s day care is regulated more than my mom’s (assisted) living facility and he doesn’t sleep there.” 

The bill would create three tiers of assisted living care licensure, covering basic care, comprehensive care, and dementia care.

This could make the admissions process more straightforward and help families understand what services a facility will actually provide, said Mary Jo George, associate state director for Advocacy at AARP Minnesota.

While enthused at the potential positive impact of licensure, George expressed concern about how long it will take to implement.

Measures to strengthen the rights of vulnerable adults are “absolutely critical” to address the “significant imbalance of power” at work in many assisted living facilities and need to be implemented as soon as possible, she said.

An assisted living and home care “Bill of Rights” included in the proposal is designed to protect residents and their families from retaliation and allow the private enforcement of critical rights in court, said Ron Elwood, at attorney representing Mid-Minnesota Legal Aid.

“Putting teeth into the enforcement” is crucial for the success of the bill, Olson said.

The bill also aims to reduce the trauma of moving and ensure that vulnerable seniors end up in a safe place where their needs can be met. It would provide clear rules for when services can be terminated, require the consideration of alternatives and accommodations, grant residents the right to appeal, and require discharge plans from assisted living facilities. Nursing homes are already required to create discharge plans and provide the right to appeal, Olson said.

“Under current law, residents can be discharged to homeless shelters or the street” and “kicked out for any reason,” Olson said.

Other provisions in the bill include the ability for residents to keep cameras in their private living spaces and restrictions on “deceptive” marketing practices.

The details of how assisted living facilities move into licensure need to be carefully considered, as well as the impact of the current workforce shortage on proposed requirements for staff, said Toby Pearson, vice president of Advocacy for Care Providers of Minnesota.

Other provisions in the bill could be “operationally challenging” for assisted living facilities as well – like a requirement for all assisted living facilities to accept all payer sources. These could have unintended consequences, like causing some providers to go out of business and limiting access to services, Pearson said.

 


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