ASSISTED LIVING CONTRACT REQUIREMENTS.
Contract requirements, according to Minn. Stat. 144G.50, Subd. 3, (a) An assisted living facility may not offer or provide housing or assisted living services to any individual unless it has executed a written contract.
(b) The contract must contain all the terms concerning the provision of:
(2) assisted living services, whether provided directly by the facility or by management agreement or other agreement; and
(3) the resident’s service plan, if applicable.
(c) A facility must:
(1) offer to prospective residents and provide to the Office of Ombudsman for Long-Term Care a complete unsigned copy of its contract; and
(2) give a complete copy of any signed contract and any addendums, and all supporting documents and attachments, to the resident promptly after a contract and any addendum has been signed.
(d) A contract under this section is a consumer contract under sections 325G.29 to 325G.37.
(e) Before or at the time of execution of the contract, the facility must offer the resident the opportunity to identify a designated representative according to subdivision 3.
(f) The resident must agree in writing to any additions or amendments to the contract. Upon agreement between the resident and the facility, a new contract or an addendum to the existing contract must be executed and signed.
Waivers of Liability are Prohibited
According to Minn. Stat. 144G.50, Subd. 5, waivers of liability are prohibited. The contract must not include a waiver of facility liability for the health and safety or personal property of a resident. The contract must not include any provision that the facility knows or should know to be deceptive, unlawful, or unenforceable under state or federal law, nor include any provision that requires or implies a lesser standard of care or responsibility than is required by law.
To see the rest of 144G.50 Minimum Assisted Living Facility Requirements click here.
Contact Us for a Free Consultation
If you have questions about assisting living contract requirements or concerns about the care provided by an assisted living provider in Minnesota, contact Attorney Kenneth LaBore for a free consultation at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.