Text of MN SF 3544 (2025)

Rights and protections for residents of certain long-term care settings modification; rights and protections for clients receiving home care services and rights and protections for home and community-based services recipients

Back to the bill page

Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.

Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)

As introduced

142,280 characters

Open the printed bill (PDF)

1.1 A bill for an act​ 1.2 relating to human services; modifying rights and protections for residents of certain​ 1.3 long-term care settings; modifying rights and protections for clients receiving​ 1.4 home care services and rights and protections for home and community-based​ 1.5 services recipients; requiring training; prohibiting certain arbitration provisions;​ 1.6 requiring certain notices; authorizing civil actions; appropriating money; amending​ 1.7 Minnesota Statutes 2024, sections 144.651, subdivisions 2, 6, 12, 15, 16, 22, 26,​ 1.8 28, 29, by adding subdivisions; 144.652, subdivision 2, by adding a subdivision;​ 1.9 144A.43, by adding subdivisions; 144A.44, subdivision 1, by adding a subdivision;​ 1.10 144A.472, subdivision 1; 144A.474, subdivision 11; 144A.4791, subdivisions 1,​ 1.11 11, by adding a subdivision; 144A.4796, subdivisions 2, 6, 7, by adding a​ 1.12 subdivision; 144G.08, by adding subdivisions; 144G.31, subdivision 4; 144G.63,​ 1.13 subdivision 7; 144G.90, subdivision 1; 144G.91, subdivisions 4, 5, 10, 12, 13, 15,​ 1.14 17, by adding subdivisions; 245A.07, subdivision 3, as amended; 245D.02, by​ 1.15 adding subdivisions; 245D.04; 245D.09, subdivisions 4, 5, by adding a subdivision;​ 1.16 245D.095, subdivision 5; 245D.21, by adding a subdivision; 256.9742, by adding​ 1.17 a subdivision; proposing coding for new law in Minnesota Statutes, chapters 144;​ 1.18 144A; 144G.​ 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.20 ARTICLE 1​ 1.21 LGBTQIA2S+ AND HIV LONG-TERM CARE BILL OF RIGHTS​ 1.22 Section 1. TITLE.​ 1.23 This article may be cited as the LGBTQIA2S+ and HIV long-term care bill of rights.​ 1.24 Sec. 2. FINDINGS AND PURPOSE.​ 1.25 (a) LGBTQIA2S+ older people and older people living with HIV fear or face​ 1.26 discrimination in nearly all settings, but particularly in long-term care settings, where they​ 1.27 may be subject to a wide array of discriminatory acts and mistreatment.​ 1​ Article 1 Sec. 2.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3544​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: DIBBLE, Westlin, Hoffman, Xiong and Wiklund)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 05/19/2025​ Referred to Human Services​ 2.1 (b) Discriminatory acts and mistreatment may include facilities and their staff forcing​ 2.2 residents to wear clothing contrary to their gender identity; refusing to use a resident's chosen​ 2.3 name or pronouns; imposing traumatic detransitions; restricting medical decision-making​ 2.4 to a resident's biological family against that resident's wishes; refusing to accept health care​ 2.5 power of attorney from a resident's spouse or partner; disregarding residents' rooming and​ 2.6 visitation preferences; imposing discriminatory restrictions on visitation; and wrongfully​ 2.7 discharging or refusing to admit residents based on sexual orientation, gender identity,​ 2.8 gender expression, intersex status, two-spirit identity, or actual or perceived HIV status.​ 2.9 (c) LGBTQIA2S+ residents and residents living with HIV may endure inadequate care​ 2.10 because staff lack the training and experience to provide sensitive, culturally competent​ 2.11 services. Additionally, staff may lack medical understanding of the medications and​ 2.12 treatments certain residents require, particularly those living with HIV, those who access​ 2.13 gender-affirming care, and those with particular medical needs related to an intersex variation.​ 2.14 (d) Residents in long-term care facilities are uniquely vulnerable to mistreatment and​ 2.15 abuse because of the inherent imbalance of power between residents and staff. Often residents​ 2.16 are socially isolated from friends and family and must rely heavily on facility staff for basic​ 2.17 needs like bathing, dressing, feeding, and medication administration. Residents may have​ 2.18 physical or mental disabilities that impede their ability to draw attention to or report​ 2.19 mistreatment or may not feel safe doing so.​ 2.20 (e) Discrimination against LGBT individuals in long-term care facilities is not always​ 2.21 addressed, according to "Stories from the Field: LGBT Older Adults in Long-Term Care​ 2.22 Facilities," a 2011 study published by the National Senior Citizens Law Center (now Justice​ 2.23 in Aging). In that study, 43 percent of respondents reported personally witnessing or​ 2.24 experiencing instances of mistreatment of LGBT seniors in a long-term care facility,​ 2.25 including verbal or physical harassment from other residents; being refused admission or​ 2.26 readmission or being abruptly discharged; verbal or physical harassment from staff; staff​ 2.27 refusal to accept health care power of attorney from the resident's spouse or partner;​ 2.28 discriminatory restrictions on visitation; and staff refusal to refer to a transgender resident​ 2.29 by the resident's chosen name or pronouns. Eighty-one percent of respondents believed that​ 2.30 other residents would discriminate against an LGBT elder in a long-term care facility; 89​ 2.31 percent of respondents believed that staff would discriminate against an LGBT elder in a​ 2.32 long-term care facility; and 53 percent believed that staff discrimination would rise to the​ 2.33 level of abuse or neglect.​ 2.34 (f) Despite existing protections, LGBTQIA2S+ older people and older people living​ 2.35 with HIV may fear that they may still face discrimination. This article rectifies this by​ 2​ Article 1 Sec. 2.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 3.1 establishing affirmative requirements for long-term care facilities, prohibiting specific​ 3.2 discriminatory acts in long-term care settings, and providing information and remedies to​ 3.3 ensure that residents living with HIV know their rights and have the means to enforce them.​ 3.4 (g) It is the purpose of this article to expand, clarify, confirm, and create greater​ 3.5 consistency in the rights and protections of long-term care residents against discrimination​ 3.6 on the basis of the resident's actual or perceived sex, including sexual orientation, gender​ 3.7 identity, and sex characteristics, including intersex traits, or HIV status.​ 3.8 Sec. 3. [144.505] TRAINING IN LGBTQIA2S+ AND HIV CULTURAL​ 3.9 COMPETENCY.​ 3.10 Subdivision 1. Training required. (a) All boarding care homes and supervised living​ 3.11 facilities must meet the training requirements in this section for LGBTQIA2S+ and HIV​ 3.12 cultural competency:​ 3.13 (1) supervisors of direct-care staff must have at least four hours of initial training on the​ 3.14 topics listed in subdivision 2 within six months of the employment start date and must have​ 3.15 at least two hours of training on the topics listed in subdivision 2 for every two years of​ 3.16 employment thereafter;​ 3.17 (2) direct-care staff must have at least four hours of initial training on the topics listed​ 3.18 in subdivision 2 within six months of the employment start date and must have at least four​ 3.19 hours of training on the topics listed in subdivision 2 for every two years of employment​ 3.20 thereafter; and​ 3.21 (3) non-direct-care staff must have at least two hours of initial training on the topics​ 3.22 listed in subdivision 2 within six months of the employment start date and must have at​ 3.23 least two hours of training on the topics listed in subdivision 2 for every two years of​ 3.24 employment thereafter.​ 3.25 (b) A boarding care home or supervised living facility must implement a schedule to​ 3.26 train existing staff on the content specified in subdivision 2.​ 3.27 Subd. 2. Content. At a minimum, the training must address:​ 3.28 (1) the terms and language commonly used by members of the LGBTQIA2S+ community​ 3.29 and people living with HIV, including but not limited to sexual orientation, gender identity,​ 3.30 gender expression, intersex status, and HIV status, and using definitions from the National​ 3.31 Institute of Allergy and Infectious Diseases HIV Language Guide;​ 3​ Article 1 Sec. 3.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 4.1 (2) the health and social challenges historically experienced by members of the​ 4.2 LGBTQIA2S+ community and people living with HIV, including discrimination when​ 4.3 seeking or receiving care and the physical and mental health effects associated with this​ 4.4 discrimination;​ 4.5 (3) best practices for communicating with or about the LGBTQIA2S+ community and​ 4.6 people living with HIV, including using an individual's chosen name and pronouns;​ 4.7 (4) strategies to create a safe, affirming environment for LGBTQIA2S+ community​ 4.8 members and people living with HIV, including suggested changes to policies and procedures​ 4.9 of the facility, forms, signage, communication between residents and family members,​ 4.10 activities, in-house services, and staff training;​ 4.11 (5) information on why people with a diverse sexual orientation, gender identity, gender​ 4.12 expression, intersex status, or two-spirit identity, or people living with HIV may hide their​ 4.13 identities;​ 4.14 (6) information on the unique needs of people with a diverse sexual orientation, gender​ 4.15 identity, gender expression, intersex status, or two-spirit identity, or of people living with​ 4.16 HIV;​ 4.17 (7) an overview of the rights and protections for people with a diverse sexual orientation,​ 4.18 gender identity, gender expression, intersex status, or two-spirit identity, and for people​ 4.19 living with HIV;​ 4.20 (8) how to respectfully ask questions about, and respond to questions and concerns​ 4.21 relating to, sexual orientation, gender identity, and gender expression, and information on​ 4.22 why these questions are important for long-term care facilities;​ 4.23 (9) basic information about HIV, transmission of HIV, the history of HIV, the stigma​ 4.24 and discrimination experienced by people living with HIV, and common myths about HIV,​ 4.25 and the role of facility staff in creating a respectful and inclusive environment for residents​ 4.26 living with HIV; and​ 4.27 (10) how to provide stigma-free care, respect the rights of residents living with HIV,​ 4.28 and use appropriate language when discussing HIV.​ 4.29 Subd. 3. Forms of training; other requirements. The training required under this​ 4.30 section may be in person or online. A staff person who completes in-person training must​ 4.31 obtain proof that the staff person completed the training in the form of a certificate signed​ 4.32 by the staff person and the staff person's supervisor. Online training must include controls​ 4.33 to ensure the full training is completed, use of a personal identification number or personal​ 4​ Article 1 Sec. 3.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 5.1 identification information to confirm the identity of the staff person participating in the​ 5.2 training, and a printable certificate that verifies the staff person completed the training. A​ 5.3 staff person who completes online training must print and sign the certificate, and have the​ 5.4 certificate signed by the staff person's supervisor.​ 5.5 Subd. 4. Training provider. The training required under this section must be provided​ 5.6 by an entity:​ 5.7 (1) whose mission and work demonstrate a belief in the reality and authenticity of​ 5.8 LGBTQIA2S+ identities and HIV, including but not limited to an understanding that gender​ 5.9 identity is a spectrum, an understanding that individuals can and should be allowed to​ 5.10 transition genders if it is their choice, an understanding that HIV causes AIDS, and a belief​ 5.11 that all members of the LGBTQIA2S+ community and those living with HIV deserve equal​ 5.12 protection under the law;​ 5.13 (2) with expertise in identifying and addressing the legal and social challenges faced by​ 5.14 LGBTQIA2S+ individuals and individuals living with HIV as they age and those faced by​ 5.15 LGBTQIA2S+ residents and residents living with HIV in long-term care facilities; and​ 5.16 (3) that has a commitment to advancing quality of care for LGBTQIA2S+ residents and​ 5.17 residents living with HIV in the state.​ 5.18 Subd. 5. Approval of training program. The commissioner must establish a process​ 5.19 for the commissioner to review and approve a facility's proposed training program under​ 5.20 this section. The commissioner must approve a facility's proposed training program within​ 5.21 90 days after the facility requests approval if:​ 5.22 (1) the facility submits with the request for approval, a statement of the qualifications​ 5.23 and training experience of the individual or entity providing the training; the proposed​ 5.24 method of providing the training, either in person or online; an outline of the training; and​ 5.25 copies of the materials used in the training; and​ 5.26 (2) the training meets the requirements in subdivisions 1 to 4.​ 5.27 Subd. 6. Documentation of training. The boarding care home or supervised living​ 5.28 facility must retain evidence in the employee record of each staff person having completed​ 5.29 the training required by this section.​ 5.30 Sec. 4. Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:​ 5.31 Subd. 2. Definitions. (a) For the purposes of this section, the following terms have the​ 5.32 meanings given.​ 5​ Article 1 Sec. 4.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 6.1 (b) "Gender expression" means an individual's gender-related appearance and behavior,​ 6.2 whether or not these are stereotypically associated with the sex the individual was assigned​ 6.3 at birth.​ 6.4 (c) "Gender identity" has the meaning given in section 363A.03, subdivision 50.​ 6.5 (d) "Gender nonconforming" means having a gender expression that does not conform​ 6.6 to stereotypical expectations of an individual's gender.​ 6.7 (e) "Gender transition" means a process by which an individual begins to live according​ 6.8 to that individual's gender identity rather than the sex the individual was assigned at birth.​ 6.9 This process may include changing the individual's clothing, appearance, name, or​ 6.10 identification documents, or undergoing medical treatments.​ 6.11 (f) "Harass" or "harassment" means acting in a manner that is unwanted, unwelcome,​ 6.12 or uninvited; that demeans, threatens, or offends the individual; and that results in a hostile​ 6.13 environment for the individual. Harass or harassment includes acts such as requiring an​ 6.14 individual to show identity documents in order to gain entrance to a restroom or other area​ 6.15 of a facility that is available to other individuals of the same gender identity as the individual.​ 6.16 (g) "HIV" means the human immunodeficiency virus.​ 6.17 (h) "LGBTQIA2S+" means an individual who identifies as lesbian, gay, bisexual,​ 6.18 transgender, gender expansive, queer, intersex, asexual, or two-spirit.​ 6.19 (i) "Patient" means a person who is admitted to an acute care inpatient facility for a​ 6.20 continuous period longer than 24 hours, for the purpose of diagnosis or treatment bearing​ 6.21 on the physical or mental health of that person. For purposes of subdivisions 4 to 9, 12, 13,​ 6.22 15, 16, and 18 to 20, "patient" also means a person who receives health care services at an​ 6.23 outpatient surgical center or at a birth center licensed under section 144.615. "Patient" also​ 6.24 means a minor who is admitted to a residential program as defined in section 253C.01. For​ 6.25 purposes of subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is​ 6.26 receiving mental health treatment on an outpatient basis or in a community support program​ 6.27 or other community-based program.​ 6.28 (j) "Resident" means a person who is admitted to a nonacute care facility including​ 6.29 extended care facilities, nursing homes, and boarding care homes for care required because​ 6.30 of prolonged mental or physical illness or disability, recovery from injury or disease, or​ 6.31 advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident"​ 6.32 also means a person who is admitted to a facility licensed as a board and lodging facility​ 6.33 under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections​ 6​ Article 1 Sec. 4.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 7.1 144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100​ 7.2 to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or​ 7.3 245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.​ 7.4 (k) "Sexual orientation" has the meaning given in section 363A.03, subdivision 44.​ 7.5 (l) "Transgender" is an umbrella term for an individual whose gender identity or gender​ 7.6 expression is different from cultural expectations based on the sex the individual was assigned​ 7.7 at birth.​ 7.8 Sec. 5. Minnesota Statutes 2024, section 144.651, is amended by adding a subdivision to​ 7.9 read:​ 7.10 Subd. 4a. Nondiscrimination notice. Residents must be provided with the following​ 7.11 notice when residents are provided with the statement of rights under subdivision 4:​ 7.12 "[Name of provider] will not discriminate against residents, and does not permit​ 7.13 discrimination against residents, including but not limited to bullying, abuse, or harassment,​ 7.14 on the basis of actual or perceived sexual orientation, gender identity, gender expression,​ 7.15 intersex status, two-spirit identity, or actual or perceived HIV status, or based on association​ 7.16 with another individual on account of that individual's actual or perceived sexual orientation,​ 7.17 gender identity, gender expression, intersex status, two-spirit identity, or actual or perceived​ 7.18 HIV status. You may file a complaint with the Office of Health Facility Complaints or the​ 7.19 Office of Ombudsman for Long-Term Care if you believe that you have experienced this​ 7.20 kind of discrimination."​ 7.21 Sec. 6. Minnesota Statutes 2024, section 144.651, is amended by adding a subdivision to​ 7.22 read:​ 7.23 Subd. 5a. Chosen name and pronouns; gender identity. A resident has the right to be​ 7.24 free from having others repeatedly, knowingly, and willfully refuse to use the resident's​ 7.25 chosen name or pronouns after being reasonably informed of the resident's chosen name​ 7.26 and pronouns. The facility and facility staff must not refuse to use a resident's chosen name​ 7.27 and pronouns based on the resident's actual or perceived sexual orientation, gender identity,​ 7.28 gender expression, intersex status, or two-spirit identity. A resident has the right to have​ 7.29 the resident's oral or written attestation of the resident's gender identity accepted by a facility​ 7.30 and facility staff, and a facility or facility staff must not require a resident to provide proof​ 7.31 of the resident's gender identity using any form of identification.​ 7​ Article 1 Sec. 6.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 8.1 Sec. 7. Minnesota Statutes 2024, section 144.651, subdivision 6, is amended to read:​ 8.2 Subd. 6. Appropriate health care and personal care. (a) Patients and residents shall​ 8.3 have the right to appropriate medical and personal care based on individual needs.​ 8.4 Appropriate care for residents means care designed to enable residents to achieve their​ 8.5 highest level of physical and mental functioning. This right is​ 8.6 (b) Residents have the right to health care and personal care, including medication, that​ 8.7 is appropriate to the resident's organs and bodily needs and have the right to not be provided​ 8.8 with medical care or personal care that, to a similarly situated, reasonable person, unduly​ 8.9 demeans the resident's dignity or causes avoidable discomfort. A facility must not refuse​ 8.10 or willfully fail to provide any health care, personal care, or reasonable accommodation to​ 8.11 a resident based on the resident's actual or perceived sexual orientation, gender identity,​ 8.12 gender expression, intersex status, two-spirit identity, or actual or perceived HIV status.​ 8.13 (c) Transgender residents have the right to be provided with access to any assessments,​ 8.14 therapies, and treatments that are recommended by the resident's health care provider,​ 8.15 including but not limited to transgender-related medical care, hormone therapy, and​ 8.16 supportive counseling.​ 8.17 (d) The rights in this subdivision are limited where the service is not reimbursable by​ 8.18 public or private resources.​ 8.19 Sec. 8. Minnesota Statutes 2024, section 144.651, subdivision 12, is amended to read:​ 8.20 Subd. 12. Right to refuse care. Competent patients and residents shall have the right​ 8.21 to refuse treatment based on the information required in subdivision 9. LGBTQIA2S+​ 8.22 residents, residents living with HIV, and residents receiving treatment for HIV have the​ 8.23 right to refuse to be examined, observed, or treated by facility staff when the primary purpose​ 8.24 is educational or informational rather than therapeutic, and this refusal shall not diminish​ 8.25 the resident's ability to access care for diagnosis or treatment. Residents who refuse treatment,​ 8.26 medication, or dietary restrictions shall be informed of the likely medical or major​ 8.27 psychological results of the refusal, with documentation in the individual medical record.​ 8.28 In cases where a patient or resident is incapable of understanding the circumstances but has​ 8.29 not been adjudicated incompetent, or when legal requirements limit the right to refuse​ 8.30 treatment, the conditions and circumstances shall be fully documented by the attending​ 8.31 physician, advanced practice registered nurse, or physician assistant in the patient's or​ 8.32 resident's medical record.​ 8​ Article 1 Sec. 8.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 9.1 Sec. 9. Minnesota Statutes 2024, section 144.651, is amended by adding a subdivision to​ 9.2 read:​ 9.3 Subd. 14a. Reasonable action to prevent discrimination or harassment. A facility​ 9.4 must take reasonable actions within the facility's control to prevent discrimination or​ 9.5 harassment against a resident by all individuals present in the facility, including but not​ 9.6 limited to staff, contractors, and other residents, based on the resident's actual or perceived​ 9.7 sexual orientation, gender identity, gender expression, intersex status, two-spirit identity,​ 9.8 or actual or perceived HIV status, when the facility knows or should know about the​ 9.9 discrimination or harassment.​ 9.10 Sec. 10. Minnesota Statutes 2024, section 144.651, subdivision 15, is amended to read:​ 9.11 Subd. 15. Treatment privacy. Patients and residents shall have the right to respectfulness​ 9.12 and privacy as it relates to their medical and personal care program. Case discussion,​ 9.13 consultation, examination, and treatment are confidential and shall be conducted discreetly.​ 9.14 Persons not directly involved in providing personal care, medical care, social support, or​ 9.15 administrative support to a transgender resident, gender-nonconforming resident, resident​ 9.16 living with HIV, or resident receiving treatment for HIV must not be present during case​ 9.17 discussions, physical examinations, treatment, or personal care for that resident without the​ 9.18 resident's express permission. Privacy shall be respected during toileting, bathing, and other​ 9.19 activities of personal hygiene, except as needed for patient or resident safety or assistance.​ 9.20 A facility must use doors, curtains, screens, or other effective visual barriers to provide​ 9.21 bodily privacy to transgender residents, gender-nonconforming residents, residents living​ 9.22 with HIV, and residents receiving treatment for HIV whenever the residents are partially​ 9.23 or fully unclothed.​ 9.24 Sec. 11. Minnesota Statutes 2024, section 144.651, subdivision 16, is amended to read:​ 9.25 Subd. 16. Confidentiality of records. (a) Patients and residents shall be assured​ 9.26 confidential treatment of their personal and medical records, and may approve or refuse​ 9.27 their release to any individual outside the facility. Residents shall be notified when personal​ 9.28 records are requested by any individual outside the facility and may select someone to​ 9.29 accompany them when the records or information are the subject of a personal interview.​ 9.30 Copies of records and written information from the records shall be made available in​ 9.31 accordance with this subdivision and sections 144.291 to 144.298. This right does not apply​ 9.32 to complaint investigations and inspections by the Department of Health, where required​ 9.33 by third-party payment contracts, or where otherwise provided by law.​ 9​ Article 1 Sec. 11.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 10.1 (b) Residents have the right to have the facility not disclose any personally identifiable​ 10.2 information regarding whether a resident is LGBTQIA2S+, a resident's gender transition​ 10.3 status, or a resident's HIV status or perceived HIV status. A facility must take appropriate​ 10.4 steps to minimize the likelihood of inadvertent or accidental disclosure of this information​ 10.5 to other residents, visitors, or staff, except to the minimum extent necessary for staff to​ 10.6 perform their duties.​ 10.7 Sec. 12. Minnesota Statutes 2024, section 144.651, subdivision 22, is amended to read:​ 10.8 Subd. 22. Personal property. Patients and residents may retain and use their personal​ 10.9 clothing and possessions as space permits, unless to do so would infringe upon rights of​ 10.10 other patients or residents, and unless medically or programmatically contraindicated for​ 10.11 documented medical, safety, or programmatic reasons. Residents have the right to wear​ 10.12 clothing, accessories, and cosmetics and engage in grooming practices that are permitted​ 10.13 for any other resident and a facility and facility staff must not limit these rights based on​ 10.14 the resident's actual or perceived sexual orientation, gender identity, gender expression,​ 10.15 intersex status, or two-spirit identity. The facility must either maintain a central locked​ 10.16 depository or provide individual locked storage areas in which residents may store their​ 10.17 valuables for safekeeping. The facility may, but is not required to, provide compensation​ 10.18 for or replacement of lost or stolen items.​ 10.19 Sec. 13. Minnesota Statutes 2024, section 144.651, subdivision 26, is amended to read:​ 10.20 Subd. 26. Right to associate. (a) Residents may meet with and receive visitors and​ 10.21 participate in activities of commercial, religious, political, as defined in section 203B.11​ 10.22 and community groups without interference at their discretion if the activities do not infringe​ 10.23 on the right to privacy of other residents or are not programmatically contraindicated. This​ 10.24 includes:​ 10.25 (1) the right to join with other individuals within and outside the facility to work for​ 10.26 improvements in long-term care;​ 10.27 (2) the right to visitation by an individual the patient has appointed as the patient's health​ 10.28 care agent under chapter 145C;​ 10.29 (3) the right to visitation and health care decision making by an individual designated​ 10.30 by the patient under paragraph (c).​ 10.31 (b) Upon admission to a facility where federal law prohibits unauthorized disclosure of​ 10.32 patient or resident identifying information to callers and visitors, the patient or resident, or​ 10​ Article 1 Sec. 13.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 11.1 the legal guardian or conservator of the patient or resident, shall be given the opportunity​ 11.2 to authorize disclosure of the patient's or resident's presence in the facility to callers and​ 11.3 visitors who may seek to communicate with the patient or resident. To the extent possible,​ 11.4 the legal guardian or conservator of a patient or resident shall consider the opinions of the​ 11.5 patient or resident regarding the disclosure of the patient's or resident's presence in the​ 11.6 facility.​ 11.7 (c) Upon admission to a facility, the patient or resident, or the legal guardian or​ 11.8 conservator of the patient or resident, must be given the opportunity to designate a person​ 11.9 who is not related who will have the status of the patient's next of kin with respect to​ 11.10 visitation and making a health care decision. A designation must be included in the patient's​ 11.11 health record. With respect to making a health care decision, a health care directive or​ 11.12 appointment of a health care agent under chapter 145C prevails over a designation made​ 11.13 under this paragraph. The unrelated person may also be identified as such by the patient or​ 11.14 by the patient's family.​ 11.15 (d) A resident has the right to associate with other residents or visitors, including the​ 11.16 right to consensual sexual relations or to displays of physical affection, unless the restriction​ 11.17 is uniformly applied to all residents in a nondiscriminatory manner. A resident living with​ 11.18 HIV or perceived to be living with HIV must not be isolated by facility staff due to the​ 11.19 resident's actual or perceived HIV status, including but not limited to limiting the resident​ 11.20 to the resident's room, limiting areas of the facility where the resident is permitted to go, or​ 11.21 limiting the restrooms the resident is permitted to use.​ 11.22 Sec. 14. Minnesota Statutes 2024, section 144.651, is amended by adding a subdivision​ 11.23 to read:​ 11.24 Subd. 26a. Restrooms. A resident has the right to use any restroom that is available for​ 11.25 use by other residents of the same gender identity as the resident, regardless of whether the​ 11.26 resident is making a gender transition, has taken or is taking hormones, has undergone​ 11.27 gender affirmation surgery, or presents as gender nonconforming. A resident has the right​ 11.28 to not be harassed for seeking to use or using a restroom that is available for use by other​ 11.29 residents of the same gender identity as the resident.​ 11.30 Sec. 15. Minnesota Statutes 2024, section 144.651, subdivision 28, is amended to read:​ 11.31 Subd. 28. Married residents; sharing a room. (a) Residents, if married, shall be assured​ 11.32 privacy for visits by their spouses and, if both spouses are residents of the facility, they shall​ 11​ Article 1 Sec. 15.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 12.1 be permitted to share a room, unless medically contraindicated and documented by their​ 12.2 physicians in the medical records.​ 12.3 (b) Two consenting residents shall be permitted to share a room.​ 12.4 (c) If rooms are assigned by gender, a transgender resident or LGBTQIA2S+ resident​ 12.5 must not be reassigned to a room or be refused a room assignment other than in accordance​ 12.6 with the resident's gender identity, unless so requested by the resident or required by federal​ 12.7 law.​ 12.8 Sec. 16. Minnesota Statutes 2024, section 144.651, subdivision 29, is amended to read:​ 12.9 Subd. 29. Admissions, transfers, and discharges. Residents shall not be arbitrarily​ 12.10 transferred or discharged. Residents shall not be denied admission, transferred, refused a​ 12.11 transfer, or discharged based on the resident's actual or perceived sexual orientation, gender​ 12.12 identity, gender expression, intersex status, two-spirit identity, or actual or perceived HIV​ 12.13 status. Residents must be notified, in writing, of the proposed discharge or transfer and its​ 12.14 justification no later than 30 days before discharge from the facility and seven days before​ 12.15 transfer to another room within the facility. This notice shall include the resident's right to​ 12.16 contest the proposed action, with the address and telephone number of the area nursing​ 12.17 home ombudsman pursuant to the Older Americans Act, section 307(a)(12). The resident,​ 12.18 informed of this right, may choose to relocate before the notice period ends. The notice​ 12.19 period may be shortened in situations outside the facility's control, such as a determination​ 12.20 by utilization review, the accommodation of newly admitted residents, a change in the​ 12.21 resident's medical or treatment program, the resident's own or another resident's welfare,​ 12.22 or nonpayment for stay unless prohibited by the public program or programs paying for the​ 12.23 resident's care, as documented in the medical record. Facilities shall make a reasonable​ 12.24 effort to accommodate new residents without disrupting room assignments.​ 12.25 Sec. 17. Minnesota Statutes 2024, section 144.652, subdivision 2, is amended to read:​ 12.26 Subd. 2. Correction order; emergencies. (a) A substantial violation of the rights of​ 12.27 any patient or resident as defined in section 144.651, shall be grounds for issuance of a​ 12.28 correction order pursuant to section 144.653 or 144A.10.​ 12.29 (b) The issuance or nonissuance of a correction order shall not preclude, diminish,​ 12.30 enlarge, or otherwise alter private action by or on behalf of a patient or resident to enforce​ 12.31 any unreasonable violation of the patient's or resident's rights.​ 12​ Article 1 Sec. 17.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 13.1 (c) Notwithstanding paragraph (a), a substantial violation of the rights of a resident​ 13.2 related to the resident's actual or perceived sexual orientation, gender identity, gender​ 13.3 expression, intersex status, two-spirit identity, or actual or perceived HIV status shall be​ 13.4 grounds for issuance of a correction order and imposition of a fine under section 144.653​ 13.5 or 144A.10. Notwithstanding section 144.653, subdivisions 5 and 6, or 144A.10, subdivisions​ 13.6 5 and 6, the commissioner must immediately impose a fine for a violation described in this​ 13.7 paragraph without first providing the facility with an opportunity to correct the violation or​ 13.8 issuing a notice of noncompliance.​ 13.9 (d) Compliance with the provisions of section 144.651 shall not be required whenever​ 13.10 emergency conditions, as documented by the attending physician, advanced practice​ 13.11 registered nurse, or physician assistant in a patient's medical record or a resident's care​ 13.12 record, indicate immediate medical treatment, including but not limited to surgical​ 13.13 procedures, is necessary and it is impossible or impractical to comply with the provisions​ 13.14 of section 144.651 because delay would endanger the patient's or resident's life, health, or​ 13.15 safety.​ 13.16 Sec. 18. Minnesota Statutes 2024, section 144.652, is amended by adding a subdivision​ 13.17 to read:​ 13.18 Subd. 3. Civil action. A resident injured by a violation of a right listed in section 144.651​ 13.19 based on the resident's actual or perceived sexual orientation, gender identity, gender​ 13.20 expression, intersex status, two-spirit identity, or actual or perceived HIV status may bring​ 13.21 a civil action to recover damages and costs and reasonable attorney fees.​ 13.22 Sec. 19. [144A.045] TRAINING IN LGBTQIA2S+ AND HIV CULTURAL​ 13.23 COMPETENCY.​ 13.24 Subdivision 1. Training required. (a) All nursing homes must meet the training​ 13.25 requirements in this section for LGBTQIA2S+ and HIV cultural competency:​ 13.26 (1) supervisors of direct-care staff must have at least four hours of initial training on the​ 13.27 topics listed in section 144.505, subdivision 2, within six months of the employment start​ 13.28 date, and must have at least two hours of training on the topics listed in section 144.505,​ 13.29 subdivision 2, for every two years of employment thereafter;​ 13.30 (2) direct-care staff must have at least four hours of initial training on the topics listed​ 13.31 in section 144.505, subdivision 2, within six months of the employment start date, and must​ 13.32 have at least four hours of training on the topics listed in section 144.505, subdivision 2,​ 13.33 for every two years of employment thereafter; and​ 13​ Article 1 Sec. 19.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 14.1 (3) non-direct-care staff must have at least two hours of initial training on the topics​ 14.2 listed in section 144.505, subdivision 2, within six months of the employment start date,​ 14.3 and must have at least two hours of training on the topics listed in section 144.505,​ 14.4 subdivision 2, for every two years of employment thereafter.​ 14.5 (b) A nursing home must implement a schedule to train existing staff on the topics listed​ 14.6 in section 144.505, subdivision 2.​ 14.7 Subd. 2. Forms of training; other requirements. The training required under this​ 14.8 section may be in person or online and must satisfy the requirements in section 144.505,​ 14.9 subdivision 3. A staff person who completes in-person training or online training must​ 14.10 comply with the requirements for in-person training or online training, as applicable, in​ 14.11 section 144.505, subdivision 3.​ 14.12 Subd. 3. Training provider. The training required under this section must be provided​ 14.13 by an entity that meets the requirements in section 144.505, subdivision 4.​ 14.14 Subd. 4. Approval of training program. The commissioner must establish a process​ 14.15 for the commissioner to review and approve a nursing home's proposed training program​ 14.16 under this section. The commissioner must approve a nursing home's proposed training​ 14.17 program within 90 days after the nursing home requests approval if:​ 14.18 (1) the nursing home submits with the request for approval, a statement of the​ 14.19 qualifications and training experience of the individual or entity providing the training; the​ 14.20 proposed method of providing the training, either in person or online; an outline of the​ 14.21 training; and copies of the materials used in the training; and​ 14.22 (2) the training meets the requirements in subdivisions 1 to 3.​ 14.23 Subd. 5. Documentation of training. The nursing home must retain evidence in the​ 14.24 employee record of each staff person having completed the training required by this section.​ 14.25 Sec. 20. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 14.26 to read:​ 14.27 Subd. 24a. Gender expression. "Gender expression" has the meaning given in section​ 14.28 144.651, subdivision 2.​ 14​ Article 1 Sec. 20.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 15.1 Sec. 21. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.2 to read:​ 15.3 Subd. 24b. Gender identity. "Gender identity" has the meaning given in section 363A.03,​ 15.4 subdivision 50.​ 15.5 Sec. 22. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.6 to read:​ 15.7 Subd. 24c. Gender nonconforming. "Gender nonconforming" has the meaning given​ 15.8 in section 144.651, subdivision 2.​ 15.9 Sec. 23. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.10 to read:​ 15.11 Subd. 24d. Gender transition. "Gender transition" has the meaning given in section​ 15.12 144.651, subdivision 2.​ 15.13 Sec. 24. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.14 to read:​ 15.15 Subd. 25a. Harass or harassment. "Harass" or "harassment" has the meaning given in​ 15.16 section 144.651, subdivision 2.​ 15.17 Sec. 25. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.18 to read:​ 15.19 Subd. 25b. HIV. "HIV" has the meaning given in section 144.651, subdivision 2.​ 15.20 Sec. 26. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.21 to read:​ 15.22 Subd. 28a. LGBTQIA2S+. "LGBTQIA2S+" has the meaning given in section 144.651,​ 15.23 subdivision 2.​ 15.24 Sec. 27. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 15.25 to read:​ 15.26 Subd. 63a. Sexual orientation. "Sexual orientation" has the meaning given in section​ 15.27 363A.03, subdivision 44.​ 15​ Article 1 Sec. 27.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 16.1 Sec. 28. Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision​ 16.2 to read:​ 16.3 Subd. 70a. Transgender. "Transgender" has the meaning given in section 144.651,​ 16.4 subdivision 2.​ 16.5 Sec. 29. Minnesota Statutes 2024, section 144G.31, subdivision 4, is amended to read:​ 16.6 Subd. 4. Fine amounts. (a) Fines and enforcement actions under this subdivision may​ 16.7 be assessed based on the level and scope of the violations described in subdivisions 2 and​ 16.8 3 as follows and, except as provided in clause (6), may be imposed immediately with no​ 16.9 opportunity to correct the violation prior to imposition:​ 16.10 (1) Level 1, no fines or enforcement;​ 16.11 (2) Level 2, a fine of $500 per violation, in addition to any enforcement mechanism​ 16.12 authorized in section 144G.20 for widespread violations;​ 16.13 (3) Level 3, a fine of $3,000 per violation, in addition to any enforcement mechanism​ 16.14 authorized in section 144G.20;​ 16.15 (4) Level 4, a fine of $5,000 per violation, in addition to any enforcement mechanism​ 16.16 authorized in section 144G.20; and​ 16.17 (5) for maltreatment violations for which the licensee was determined to be responsible​ 16.18 for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000​ 16.19 per incident. A fine of $5,000 per incident may be imposed if the commissioner determines​ 16.20 the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse​ 16.21 resulting in serious injury.; and​ 16.22 (6) for a substantial violation of a resident's rights in section 144G.90 related to the​ 16.23 resident's actual or perceived sexual orientation, gender identity, gender expression, intersex​ 16.24 status, two-spirit identity, or actual or perceived HIV status, or a substantial violation of a​ 16.25 resident's rights in section 144G.565, a fine of $1,000 per incident. The commissioner must​ 16.26 immediately impose a fine for a violation described in this clause without first providing​ 16.27 the facility with an opportunity to correct the violation.​ 16.28 (b) When a fine is assessed against a facility for substantiated maltreatment, the​ 16.29 commissioner shall not also impose an immediate fine under this chapter for the same​ 16.30 circumstance.​ 16​ Article 1 Sec. 29.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 17.1 Sec. 30. [144G.565] DENIAL OF ADMISSION, TRANSFER, DISCHARGE, OR​ 17.2 EVICTION ON CERTAIN GROUNDS PROHIBITED.​ 17.3 An assisted living facility must not refuse to admit an individual to a facility, transfer a​ 17.4 resident within the facility or to another facility, refuse to transfer a resident within the​ 17.5 facility or to another facility, or discharge or evict a resident based in whole or in part on​ 17.6 the resident's actual or perceived sexual orientation, gender identity, gender expression,​ 17.7 intersex status, two-spirit identity, or actual or perceived HIV status.​ 17.8 Sec. 31. Minnesota Statutes 2024, section 144G.63, subdivision 7, is amended to read:​ 17.9 Subd. 7. Verification and documentation of orientation and training. The assisted​ 17.10 living facility shall retain evidence in the employee record of each staff person having​ 17.11 completed the orientation and training required by this section and section 144G.65.​ 17.12 Sec. 32. [144G.65] TRAINING IN LGBTQIA2S+ AND HIV CULTURAL​ 17.13 COMPETENCY.​ 17.14 Subdivision 1. Training required. (a) All assisted living facilities must meet the training​ 17.15 requirements in this section for LGBTQIA2S+ and HIV cultural competency:​ 17.16 (1) supervisors of direct-care staff must have at least four hours of initial training on the​ 17.17 topics listed in section 144.505, subdivision 2, within six months of the employment start​ 17.18 date, and must have at least two hours of training on the topics listed in section 144.505,​ 17.19 subdivision 2, for every two years of employment thereafter;​ 17.20 (2) direct-care staff must have at least four hours of initial training on the topics listed​ 17.21 in section 144.505, subdivision 2, within six months of the employment start date, and must​ 17.22 have at least four hours of training on the topics listed in section 144.505, subdivision 2,​ 17.23 for every two years of employment thereafter; and​ 17.24 (3) non-direct-care staff must have at least two hours of initial training on the topics​ 17.25 listed in section 144.505, subdivision 2, within six months of the employment start date,​ 17.26 and must have at least two hours of training on the topics listed in section 144.505,​ 17.27 subdivision 2, for every two years of employment thereafter.​ 17.28 (b) An assisted living facility must implement a schedule to train existing staff on the​ 17.29 topics listed in section 144.505, subdivision 2.​ 17.30 Subd. 2. Forms of training; other requirements. The training required under this​ 17.31 section may be in person or online and must satisfy the requirements in section 144.505,​ 17.32 subdivision 3. A staff person who completes in-person training or online training must​ 17​ Article 1 Sec. 32.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 18.1 comply with the requirements for in-person training or online training, as applicable, in​ 18.2 section 144.505, subdivision 3.​ 18.3 Subd. 3. Training provider. The training required under this section must be provided​ 18.4 by an entity that meets the requirements in section 144.505, subdivision 4.​ 18.5 Subd. 4. Approval of training program. The commissioner must establish a process​ 18.6 for the commissioner to review and approve a facility's proposed training program under​ 18.7 this section. The commissioner must approve a facility's proposed training program within​ 18.8 90 days after the facility requests approval if:​ 18.9 (1) the facility submits with the request for approval, a statement of the qualifications​ 18.10 and training experience of the individual or entity providing the training; the proposed​ 18.11 method of providing the training, either in person or online; an outline of the training; and​ 18.12 copies of the materials used in the training; and​ 18.13 (2) the training meets the requirements in subdivisions 1 to 3.​ 18.14 Sec. 33. Minnesota Statutes 2024, section 144G.90, subdivision 1, is amended to read:​ 18.15 Subdivision 1. Assisted living bill of rights; nondiscrimination notice; notification​ 18.16 to resident. (a) An assisted living facility must provide the resident a written notice of the​ 18.17 rights under section 144G.91 before the initiation of services to that resident. The facility​ 18.18 shall make all reasonable efforts to provide notice of the rights to the resident in a language​ 18.19 the resident can understand.​ 18.20 (b) In addition to the text of the assisted living bill of rights in section 144G.91, the​ 18.21 notice shall also contain the following statement describing how to file a complaint or report​ 18.22 suspected abuse:​ 18.23 "If you want to report suspected abuse, neglect, or financial exploitation, you may contact​ 18.24 the Minnesota Adult Abuse Reporting Center (MAARC). If you have a complaint about​ 18.25 the facility or person providing your services, you may contact the Office of Health Facility​ 18.26 Complaints, Minnesota Department of Health. If you would like to request advocacy services,​ 18.27 you may contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman​ 18.28 for Mental Health and Developmental Disabilities."​ 18.29 (c) The notice must also contain the following statement regarding nondiscrimination:​ 18.30 "[Name of provider] will not discriminate against residents, and does not permit​ 18.31 discrimination against residents, including but not limited to bullying, abuse, or harassment,​ 18.32 on the basis of actual or perceived sexual orientation, gender identity, gender expression,​ 18​ Article 1 Sec. 33.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 19.1 intersex status, two-spirit identity, or actual or perceived HIV status, or based on association​ 19.2 with another individual on account of that individual's actual or perceived sexual orientation,​ 19.3 gender identity, gender expression, intersex status, two-spirit identity, or actual or perceived​ 19.4 HIV status. You may file a complaint with the Office of Health Facility Complaints or the​ 19.5 Office of Ombudsman for Long-Term Care if you believe that you have experienced this​ 19.6 kind of discrimination."​ 19.7 (c) (d) The statement must include contact information for the Minnesota Adult Abuse​ 19.8 Reporting Center and the telephone number, website address, email address, mailing address,​ 19.9 and street address of the Office of Health Facility Complaints at the Minnesota Department​ 19.10 of Health, the Office of Ombudsman for Long-Term Care, and the Office of Ombudsman​ 19.11 for Mental Health and Developmental Disabilities. The statement must include the facility's​ 19.12 name, address, email, telephone number, and name or title of the person at the facility to​ 19.13 whom problems or complaints may be directed. It must also include a statement that the​ 19.14 facility will not retaliate because of a complaint.​ 19.15 (d) (e) A facility must obtain written acknowledgment from the resident of the resident's​ 19.16 receipt of the assisted living bill of rights or shall document why an acknowledgment cannot​ 19.17 be obtained. Acknowledgment of receipt shall be retained in the resident's record.​ 19.18 Sec. 34. Minnesota Statutes 2024, section 144G.91, subdivision 4, is amended to read:​ 19.19 Subd. 4. Appropriate care and services. (a) Residents have the right to care and assisted​ 19.20 living services that are appropriate based on the resident's needs and according to an​ 19.21 up-to-date service plan subject to accepted health care standards.​ 19.22 (b) Residents have the right to receive health care and other assisted living services with​ 19.23 continuity from people who are properly trained and competent to perform their duties and​ 19.24 in sufficient numbers to adequately provide the services agreed to in the assisted living​ 19.25 contract and the service plan.​ 19.26 (c) Residents have the right to health care and personal care, including medication, that​ 19.27 is appropriate to the resident's organs and bodily needs and have the right to not be provided​ 19.28 with medical care or personal care that, to a similarly situated, reasonable person, unduly​ 19.29 demeans the resident's dignity or causes avoidable discomfort. A facility must not refuse​ 19.30 or willfully fail to provide any health care, personal care, or reasonable accommodation to​ 19.31 a resident based on the resident's actual or perceived sexual orientation, gender identity,​ 19.32 gender expression, intersex status, two-spirit identity, or actual or perceived HIV status.​ 19​ Article 1 Sec. 34.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 20.1 (d) Transgender residents have the right to be provided with access to any assessments,​ 20.2 therapies, and treatments that are recommended by the resident's health care provider,​ 20.3 including but not limited to transgender-related medical care, hormone therapy, and​ 20.4 supportive counseling.​ 20.5 Sec. 35. Minnesota Statutes 2024, section 144G.91, subdivision 5, is amended to read:​ 20.6 Subd. 5. Refusal of care or services. Residents have the right to refuse care or assisted​ 20.7 living services and to be informed by the facility of the medical, health-related, or​ 20.8 psychological consequences of refusing care or services. LGBTQIA2S+ residents, residents​ 20.9 living with HIV, and residents receiving treatment for HIV have the right to refuse to be​ 20.10 examined, observed, or treated by facility staff when the primary purpose is educational or​ 20.11 informational rather than therapeutic, and this refusal shall not diminish the resident's ability​ 20.12 to access care for diagnosis or treatment.​ 20.13 Sec. 36. Minnesota Statutes 2024, section 144G.91, is amended by adding a subdivision​ 20.14 to read:​ 20.15 Subd. 7a. Chosen name and pronouns; gender identity. A resident has the right to be​ 20.16 free from having others repeatedly, knowingly, and willfully refuse to use the resident's​ 20.17 chosen name or pronouns after being reasonably informed of the resident's chosen name​ 20.18 and pronouns. The facility and facility staff must not refuse to use a resident's chosen name​ 20.19 and pronouns based on the resident's actual or perceived sexual orientation, gender identity,​ 20.20 gender expression, intersex status, or two-spirit identity. A resident has the right to have​ 20.21 the resident's oral or written attestation of the resident's gender identity accepted by a facility​ 20.22 and facility staff, and a facility or facility staff must not require a resident to provide proof​ 20.23 of the resident's gender identity using any form of identification.​ 20.24 Sec. 37. Minnesota Statutes 2024, section 144G.91, is amended by adding a subdivision​ 20.25 to read:​ 20.26 Subd. 8a. Reasonable action to prevent discrimination or harassment. A facility​ 20.27 must take reasonable actions within the facility's control to prevent discrimination or​ 20.28 harassment against a resident by all individuals present in the facility, including but not​ 20.29 limited to staff, contractors, and other residents, based on the resident's actual or perceived​ 20.30 sexual orientation, gender identity, gender expression, intersex status, two-spirit identity,​ 20.31 or actual or perceived HIV status, when the facility knows or should know about the​ 20.32 discrimination or harassment.​ 20​ Article 1 Sec. 37.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 21.1 Sec. 38. Minnesota Statutes 2024, section 144G.91, subdivision 10, is amended to read:​ 21.2 Subd. 10. Individual autonomy. (a) Residents have the right to individual autonomy,​ 21.3 initiative, and independence in making life choices, including establishing a daily schedule​ 21.4 and choosing with whom to interact. A facility must not, based on the resident's actual or​ 21.5 perceived sexual orientation, gender identity, gender expression, intersex status, two-spirit​ 21.6 identity, or actual or perceived HIV status, restrict a resident's right to associate with other​ 21.7 residents or visitors, including the right to consensual sexual relations or to displays of​ 21.8 physical affection, unless the restriction is uniformly applied to all residents in a​ 21.9 nondiscriminatory manner.​ 21.10 (b) Residents have the right to wear clothing, accessories, and cosmetics and engage in​ 21.11 grooming practices that are permitted to any other resident and a facility and facility staff​ 21.12 must not limit these rights based on the resident's actual or perceived sexual orientation,​ 21.13 gender identity, gender expression, intersex status, or two-spirit identity.​ 21.14 Sec. 39. Minnesota Statutes 2024, section 144G.91, subdivision 12, is amended to read:​ 21.15 Subd. 12. Visitors and social participation. (a) Residents have the right to meet with​ 21.16 or receive visits at any time by the resident's family, guardian, conservator, health care​ 21.17 agent, attorney, advocate, or religious or social work counselor, or any person of the resident's​ 21.18 choosing. This right A resident living with HIV or perceived to be living with HIV must​ 21.19 not be isolated by facility staff due to the resident's actual or perceived HIV status, including​ 21.20 but not limited to limiting the resident to the resident's unit, limiting areas of the facility​ 21.21 where the resident is permitted to go, or limiting which restrooms the resident is permitted​ 21.22 to use. The rights in this paragraph may be restricted in certain circumstances if necessary​ 21.23 for the resident's health and safety and if documented in the resident's service plan.​ 21.24 (b) Residents have the right to engage in community life and in activities of their choice.​ 21.25 This includes the right to participate in commercial, religious, social, community, and​ 21.26 political activities without interference and at their discretion if the activities do not infringe​ 21.27 on the rights of other residents.​ 21.28 Sec. 40. Minnesota Statutes 2024, section 144G.91, is amended by adding a subdivision​ 21.29 to read:​ 21.30 Subd. 12a. Restrooms. A resident has the right to use any restroom that is available for​ 21.31 use by other residents of the same gender identity as the resident, regardless of whether the​ 21.32 resident is making a gender transition, has taken or is taking hormones, has undergone​ 21.33 gender affirmation surgery, or presents as gender nonconforming. A resident has the right​ 21​ Article 1 Sec. 40.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 22.1 to not be harassed for seeking to use or using a restroom that is available for use by other​ 22.2 residents of the same gender identity as the resident.​ 22.3 Sec. 41. Minnesota Statutes 2024, section 144G.91, subdivision 13, is amended to read:​ 22.4 Subd. 13. Personal and treatment privacy. (a) Residents have the right to consideration​ 22.5 of their privacy, individuality, and cultural identity as related to their social, religious, and​ 22.6 psychological well-being. Staff must respect the privacy of a resident's space by knocking​ 22.7 on the door and seeking consent before entering, except in an emergency or unless otherwise​ 22.8 documented in the resident's service plan.​ 22.9 (b) Residents have the right to have and use a lockable door to the resident's unit. The​ 22.10 facility shall provide locks on the resident's unit. Only a staff member with a specific need​ 22.11 to enter the unit shall have keys. This right may be restricted in certain circumstances if​ 22.12 necessary for a resident's health and safety and documented in the resident's service plan.​ 22.13 (c) Residents have the right to respect and privacy regarding the resident's service plan.​ 22.14 Case discussion, consultation, examination, and treatment are confidential and must be​ 22.15 conducted discreetly. Persons not directly involved in providing personal care, medical care,​ 22.16 social support, or administrative support to a transgender resident, gender-nonconforming​ 22.17 resident, resident living with HIV, or resident receiving treatment for HIV must not be​ 22.18 present during case discussions, physical examinations, treatment, or personal care for that​ 22.19 resident without the resident's express permission. Privacy must be respected during toileting,​ 22.20 bathing, and other activities of personal hygiene, except as needed for resident safety or​ 22.21 assistance. A facility must use doors, curtains, screens, or other effective visual barriers to​ 22.22 provide bodily privacy to transgender residents, gender-nonconforming residents, residents​ 22.23 living with HIV, and residents receiving treatment for HIV whenever the residents are​ 22.24 partially or fully unclothed.​ 22.25 Sec. 42. Minnesota Statutes 2024, section 144G.91, subdivision 15, is amended to read:​ 22.26 Subd. 15. Confidentiality of records. (a) Residents have the right to have personal,​ 22.27 financial, health, and medical information kept private, to approve or refuse release of​ 22.28 information to any outside party, and to be advised of the assisted living facility's policies​ 22.29 and procedures regarding disclosure of the information. Residents must be notified when​ 22.30 personal records are requested by any outside party.​ 22.31 (b) Residents have the right to access their own records.​ 22​ Article 1 Sec. 42.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 23.1 (c) Residents have the right to have the facility not disclose any personally identifiable​ 23.2 information regarding whether a resident is LGBTQIA2S+, a resident's gender transition​ 23.3 status, or a resident's HIV status or perceived HIV status. A facility must take appropriate​ 23.4 steps to minimize the likelihood of inadvertent or accidental disclosure of this information​ 23.5 to other residents, visitors, or staff, except to the minimum extent necessary for staff to​ 23.6 perform their duties.​ 23.7 Sec. 43. Minnesota Statutes 2024, section 144G.91, subdivision 17, is amended to read:​ 23.8 Subd. 17. Right to choose roommate; room and unit assignments. (a) Residents have​ 23.9 the right to choose a roommate if sharing a unit, and two consenting residents shall be​ 23.10 permitted to share a room.​ 23.11 (b) If units or rooms are assigned by gender, a transgender resident or LGBTQIA2S+​ 23.12 resident must not be reassigned to a room or unit or be refused a room or unit assignment​ 23.13 other than in accordance with the resident's gender identity, unless so requested by the​ 23.14 resident or required by federal law.​ 23.15 Sec. 44. [144G.915] CIVIL ACTION.​ 23.16 A resident injured by a violation of a right listed in section 144G.91 based on the resident's​ 23.17 actual or perceived sexual orientation, gender identity, gender expression, intersex status,​ 23.18 two-spirit identity, or actual or perceived HIV status may bring a civil action to recover​ 23.19 damages and costs and reasonable attorney fees.​ 23.20 Sec. 45. Minnesota Statutes 2024, section 256.9742, is amended by adding a subdivision​ 23.21 to read:​ 23.22 Subd. 7. Training. The ombudsman and representatives of the office must complete​ 23.23 LGBTQIA2S+ and HIV cultural competency training within six months after appointment​ 23.24 or the employment start date and every two years thereafter. Initial training completed by​ 23.25 the ombudsman and representatives of the office must address at least the topics listed in​ 23.26 section 144.505, subdivision 2, and subsequent trainings must at least address the topics​ 23.27 listed in section 144.505, subdivision 2, clauses (3) and (5). The ombudsman must implement​ 23.28 a schedule to train the current ombudsman and existing representatives of the office on at​ 23.29 least the topics listed in section 144.505, subdivision 2.​ 23​ Article 1 Sec. 45.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 24.1 Sec. 46. APPROPRIATIONS; TRAINING IN LGBTQIA2S+ AND HIV CULTURAL​ 24.2 COMPETENCY.​ 24.3 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​ 24.4 general fund to the commissioner of health for grants to eligible organizations to develop​ 24.5 and provide LGBTQIA2S+ and HIV cultural competency training under Minnesota Statutes,​ 24.6 sections 144.505, 144A.045, and 144G.65.​ 24.7 (b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​ 24.8 general fund to the commissioner of human services for a grant to an eligible organization​ 24.9 to develop and provide LGBTQIA2S+ and HIV cultural competency training under​ 24.10 Minnesota Statutes, section 256.9742, subdivision 7.​ 24.11 ARTICLE 2​ 24.12 LGBTQIA2S+ AND HIV HOME AND COMMUNITY-BASED SERVICES BILL​ 24.13 OF RIGHTS​ 24.14 Section 1. TITLE.​ 24.15 This article may be cited as the LGBTQIA2S+ and HIV home and community-based​ 24.16 services bill of rights.​ 24.17 Sec. 2. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 24.18 read:​ 24.19 Subd. 2f. Gender-affirming care. "Gender-affirming care" has the meaning given in​ 24.20 section 62Q.585, subdivision 3.​ 24.21 Sec. 3. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 24.22 read:​ 24.23 Subd. 2g. Gender expression. "Gender expression" has the meaning given in section​ 24.24 144.651, subdivision 2.​ 24.25 Sec. 4. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 24.26 read:​ 24.27 Subd. 2h. Gender identity. "Gender identity" has the meaning given in section 363A.03,​ 24.28 subdivision 50.​ 24​ Article 2 Sec. 4.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 25.1 Sec. 5. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 25.2 read:​ 25.3 Subd. 2i. HIV. "HIV" means the human immunodeficiency virus.​ 25.4 Sec. 6. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 25.5 read:​ 25.6 Subd. 5a. LGBTQIA2S+. "LGBTQIA2S+" has the meaning given in section 144.651,​ 25.7 subdivision 2.​ 25.8 Sec. 7. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 25.9 read:​ 25.10 Subd. 27a. Sexual orientation. "Sexual orientation" has the meaning given in section​ 25.11 363A.03, subdivision 44.​ 25.12 Sec. 8. Minnesota Statutes 2024, section 144A.43, is amended by adding a subdivision to​ 25.13 read:​ 25.14 Subd. 34a. Transgender. "Transgender" has the meaning given in section 144.651,​ 25.15 subdivision 2.​ 25.16 Sec. 9. Minnesota Statutes 2024, section 144A.44, subdivision 1, is amended to read:​ 25.17 Subdivision 1. Statement of rights. (a) A client who receives home care services in the​ 25.18 community or in an assisted living facility licensed under chapter 144G has these rights:​ 25.19 (1) receive oral and written information, in plain language and in a language the client​ 25.20 understands, about rights before receiving services, including what to do if rights are violated;​ 25.21 (2) receive care and services according to a suitable and up-to-date plan, and subject to​ 25.22 accepted health care, medical or nursing standards and person-centered care, to take an​ 25.23 active part in developing, modifying, and evaluating the plan and services;​ 25.24 (3) receive HIV-related treatment as prescribed, gender-affirming care, gender-affirming​ 25.25 mental health care, and medical and nonmedical care that is appropriate to a client's organs​ 25.26 and bodily needs; not have the client's dignity demeaned or cause the client avoidable​ 25.27 discomfort; and not have medical or nonmedical care denied or curtailed because of the​ 25.28 client's actual or perceived sexual orientation, gender identity, gender expression, intersex​ 25.29 status, two-spirit identity, or actual or perceived HIV status;​ 25​ Article 2 Sec. 9.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 26.1 (4) be told before receiving services the type and disciplines of staff who will be providing​ 26.2 the services, whether the staff who will provide the services completed the required​ 26.3 LGBTQIA2S+ and HIV cultural competency training, the frequency of visits proposed to​ 26.4 be furnished, other choices that are available for addressing home care needs, and the​ 26.5 potential consequences of refusing these services;​ 26.6 (4) (5) be told in advance of any recommended changes by the provider in the service​ 26.7 plan and to take an active part in any decisions about changes to the service plan;​ 26.8 (5) (6) refuse services or treatment, including experimental HIV treatment or​ 26.9 gender-affirming care;​ 26.10 (6) (7) know, before receiving services or during the initial visit, any limits to the services​ 26.11 available from a home care provider;​ 26.12 (7) (8) be told before services are initiated what the provider charges for the services;​ 26.13 to what extent payment may be expected from health insurance, public programs, or other​ 26.14 sources, if known; and what charges the client may be responsible for paying; and whether​ 26.15 charges and payments may be impacted by the client's sexual orientation, gender identity,​ 26.16 gender expression, intersex status, two-spirit identity, or actual or perceived HIV status;​ 26.17 (8) (9) know that there may be other services available in the community, including​ 26.18 other home care services and providers, and to know where to find information about these​ 26.19 services;​ 26.20 (9) (10) choose freely among available providers and to change providers after services​ 26.21 have begun, within the limits of health insurance, long-term care insurance, medical​ 26.22 assistance, other health programs, or public programs;​ 26.23 (10) (11) have personal, financial, and medical information, including but not limited​ 26.24 to information on the client's sexual orientation, gender identity, gender expression, intersex​ 26.25 status, two-spirit identity, or HIV status, kept private, and to be advised of the provider's​ 26.26 policies and procedures regarding disclosure of such information;​ 26.27 (11) (12) access the client's own records and written information from those records in​ 26.28 accordance with sections 144.291 to 144.298;​ 26.29 (12) (13) be served by people who are properly trained, have completed the training​ 26.30 required under section 144A.4796, and are competent to perform their duties;​ 26.31 (13) (14) be treated with courtesy and respect, to be free from having others repeatedly,​ 26.32 knowingly, and willfully refuse to use the client's chosen name and pronouns after being​ 26​ Article 2 Sec. 9.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 27.1 reasonably informed of the client's chosen name and pronouns, and to have the client's​ 27.2 property treated with respect;​ 27.3 (14) (15) be free from physical and verbal abuse, neglect, financial exploitation, and all​ 27.4 forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment of​ 27.5 Minors Act;​ 27.6 (16) be free from discrimination based on race; color; religion; sex; gender identity;​ 27.7 gender expression; two-spirit identity; intersex status; actual or perceived sexual orientation;​ 27.8 marital status; medical condition, including actual or perceived HIV status; military or​ 27.9 veteran status; national origin; ancestry; disability; genetic information; age; receipt of​ 27.10 HIV-related treatment; or receipt of gender-affirming care or gender-affirming mental health​ 27.11 care;​ 27.12 (17) be free from discrimination based on private and personal items belonging to the​ 27.13 client, including but not limited to photographs, letters, mail, clothing, toiletries, and décor;​ 27.14 and be free to wear clothing, accessories, and cosmetics of the client's choosing;​ 27.15 (18) be free to have visitors of the client's choice; to restrict or prohibit visitors, including​ 27.16 members of the client's biological family; to have the client's visitors be free from​ 27.17 discrimination as provided in clause (16); and to have consensual sexual relations;​ 27.18 (19) be free to have privacy, with or without visitors, at times of the client's choosing;​ 27.19 (15) (20) reasonable, advance notice of changes in services or charges;​ 27.20 (16) (21) know the provider's reason for termination of services;​ 27.21 (17) (22) at least ten calendar days' advance notice of the termination of a service by a​ 27.22 home care provider, except at least 30 calendar days' advance notice of the service termination​ 27.23 shall be given by a home care provider for services provided to a client residing in an assisted​ 27.24 living facility as defined in section 144G.08, subdivision 7. This clause does not apply in​ 27.25 cases where:​ 27.26 (i) the client engages in conduct that significantly alters the terms of the service plan​ 27.27 with the home care provider;​ 27.28 (ii) the client, person who lives with the client, or others create an abusive or unsafe​ 27.29 work environment for the person providing home care services; or​ 27.30 (iii) an emergency or a significant change in the client's condition has resulted in service​ 27.31 needs that exceed the current service plan and that cannot be safely met by the home care​ 27.32 provider;​ 27​ Article 2 Sec. 9.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 28.1 (18) (23) a coordinated transfer when there will be a change in the provider of services;​ 28.2 (19) (24) complain to staff and others of the client's choice about services that are​ 28.3 provided, or fail to be provided, discrimination experienced by the client, and the lack of​ 28.4 courtesy or respect to the client or the client's property and the right to recommend changes​ 28.5 in policies and services, free from retaliation including the threat of termination of services;​ 28.6 (20) (25) know how to contact an individual associated with the home care provider​ 28.7 who is responsible for handling problems and to have the home care provider investigate​ 28.8 and attempt to resolve the grievance or complaint;​ 28.9 (21) (26) know the name and address of the state or county agency to contact for​ 28.10 additional information or assistance;​ 28.11 (22) (27) assert these rights personally, or have them asserted by the client's representative​ 28.12 or by anyone on behalf of the client, without retaliation; and​ 28.13 (23) (28) place an electronic monitoring device in the client's or resident's space in​ 28.14 compliance with state requirements.​ 28.15 (b) When providers violate the rights in this section, they are subject to the fines and​ 28.16 license actions in sections 144A.474, subdivision 11, and 144A.475.​ 28.17 (c) Providers must do all of the following:​ 28.18 (1) encourage and assist in the fullest possible exercise of these rights;​ 28.19 (2) provide the names and telephone numbers of individuals and organizations that​ 28.20 provide advocacy and legal services for clients and residents seeking to assert their rights;​ 28.21 (3) make every effort to assist clients or residents in obtaining information regarding​ 28.22 whether Medicare, medical assistance, other health programs, or public programs will pay​ 28.23 for services;​ 28.24 (4) make reasonable accommodations for people who have communication disabilities,​ 28.25 or those who speak a language other than English; and​ 28.26 (5) provide all information and notices in plain language and in terms the client or​ 28.27 resident can understand.​ 28.28 (d) No provider may require or request a client or resident to waive any of the rights​ 28.29 listed in this section at any time or for any reasons, including as a condition of initiating​ 28.30 services or entering into an assisted living contract.​ 28​ Article 2 Sec. 9.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 29.1 Sec. 10. Minnesota Statutes 2024, section 144A.44, is amended by adding a subdivision​ 29.2 to read:​ 29.3 Subd. 3. Civil action. A client injured by a violation of this section, based on the client's​ 29.4 actual or perceived sexual orientation, gender identity, gender expression, intersex status,​ 29.5 two-spirit identity, or actual or perceived HIV status, may bring a civil action to recover​ 29.6 damages and costs and reasonable attorney fees.​ 29.7 Sec. 11. Minnesota Statutes 2024, section 144A.472, subdivision 1, is amended to read:​ 29.8 Subdivision 1. License applications. Each application for a home care provider license​ 29.9 must include information sufficient to show that the applicant meets the requirements of​ 29.10 licensure, including:​ 29.11 (1) the applicant's name, email address, physical address, and mailing address, including​ 29.12 the name of the county in which the applicant resides and has a principal place of business;​ 29.13 (2) the initial license fee in the amount specified in subdivision 7;​ 29.14 (3) the email address, physical address, mailing address, and telephone number of the​ 29.15 principal administrative office;​ 29.16 (4) the email address, physical address, mailing address, and telephone number of each​ 29.17 branch office, if any;​ 29.18 (5) the names, email and mailing addresses, and telephone numbers of all owners and​ 29.19 managerial officials;​ 29.20 (6) documentation of compliance with the background study requirements of section​ 29.21 144A.476 for all persons involved in the management, operation, or control of the home​ 29.22 care provider;​ 29.23 (7) documentation of a background study as required by section 144.057 for any​ 29.24 individual seeking employment, paid or volunteer, with the home care provider;​ 29.25 (8) evidence of workers' compensation coverage as required by sections 176.181 and​ 29.26 176.182;​ 29.27 (9) documentation of liability coverage, if the provider has it;​ 29.28 (10) identification of the license level the provider is seeking;​ 29.29 (11) documentation that identifies the managerial official who is in charge of day-to-day​ 29.30 operations and attestation that the person has reviewed and understands the home care​ 29.31 provider regulations;​ 29​ Article 2 Sec. 11.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 30.1 (12) documentation that the applicant has designated one or more owners, managerial​ 30.2 officials, or employees as an agent or agents, which shall not affect the legal responsibility​ 30.3 of any other owner or managerial official under this chapter;​ 30.4 (13) the signature of the officer or managing agent on behalf of an entity, corporation,​ 30.5 association, or unit of government;​ 30.6 (14) verification that the applicant has the following policies and procedures in place so​ 30.7 that if a license is issued, the applicant will implement the policies and procedures and keep​ 30.8 them current:​ 30.9 (i) requirements in chapter 260E, reporting of maltreatment of minors, and section​ 30.10 626.557, reporting of maltreatment of vulnerable adults;​ 30.11 (ii) conducting and handling background studies on employees;​ 30.12 (iii) orientation, training, and competency evaluations of home care staff, and a process​ 30.13 for evaluating staff performance;​ 30.14 (iv) handling complaints from clients, family members, or client representatives regarding​ 30.15 staff or services provided by staff;​ 30.16 (v) conducting initial evaluation of clients' needs and the providers' ability to provide​ 30.17 those services;​ 30.18 (vi) conducting initial and ongoing client evaluations and assessments and how changes​ 30.19 in a client's condition are identified, managed, and communicated to staff and other health​ 30.20 care providers as appropriate;​ 30.21 (vii) orientation to and implementation of the home care client bill of rights;​ 30.22 (viii) infection control practices;​ 30.23 (ix) reminders for medications, treatments, or exercises, if provided; and​ 30.24 (x) conducting appropriate screenings, or documentation of prior screenings, to show​ 30.25 that staff are free of tuberculosis, consistent with current United States Centers for Disease​ 30.26 Control and Prevention standards; and​ 30.27 (15) for an applicant with 25 or more employees, the name of the applicant's chief​ 30.28 diversity officer; and​ 30.29 (15) (16) other information required by the department.​ 30​ Article 2 Sec. 11.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 31.1 Sec. 12. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to read:​ 31.2 Subd. 11. Fines. (a) Fines and enforcement actions under this subdivision may be assessed​ 31.3 based on the level and scope of the violations described in paragraph (b) and, except as​ 31.4 provided in clause (7), imposed immediately with no opportunity to correct the violation​ 31.5 first as follows:​ 31.6 (1) Level 1, no fines or enforcement;​ 31.7 (2) Level 2, a fine of $500 per violation, in addition to any of the enforcement​ 31.8 mechanisms authorized in section 144A.475 for widespread violations;​ 31.9 (3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement​ 31.10 mechanisms authorized in section 144A.475;​ 31.11 (4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement​ 31.12 mechanisms authorized in section 144A.475;​ 31.13 (5) for maltreatment violations for which the licensee was determined to be responsible​ 31.14 for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.​ 31.15 A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible​ 31.16 for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury;​ 31.17 and​ 31.18 (6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized​ 31.19 for both surveys and investigations conducted.; and​ 31.20 (7) for a substantial violation of a client's rights in section 144A.44 related to the client's​ 31.21 actual or perceived sexual orientation, gender identity, gender expression, intersex status,​ 31.22 two-spirit identity, or actual or perceived HIV status, a fine of $1,000 per incident. The​ 31.23 commissioner must immediately impose a fine for a violation described in this clause without​ 31.24 first providing the home care provider with an opportunity to correct the violation.​ 31.25 When a fine is assessed against a facility for substantiated maltreatment, the commissioner​ 31.26 shall not also impose an immediate fine under this chapter for the same circumstance.​ 31.27 (b) Correction orders for violations are categorized by both level and scope and fines​ 31.28 shall be assessed as follows:​ 31.29 (1) level of violation:​ 31.30 (i) Level 1 is a violation that has no potential to cause more than a minimal impact on​ 31.31 the client and does not affect health or safety;​ 31​ Article 2 Sec. 12.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 32.1 (ii) Level 2 is a violation that did not harm a client's health or safety but had the potential​ 32.2 to have harmed a client's health or safety, but was not likely to cause serious injury,​ 32.3 impairment, or death;​ 32.4 (iii) Level 3 is a violation that harmed a client's health or safety, not including serious​ 32.5 injury, impairment, or death, or a violation that has the potential to lead to serious injury,​ 32.6 impairment, or death; and​ 32.7 (iv) Level 4 is a violation that results in serious injury, impairment, or death;​ 32.8 (2) scope of violation:​ 32.9 (i) isolated, when one or a limited number of clients are affected or one or a limited​ 32.10 number of staff are involved or the situation has occurred only occasionally;​ 32.11 (ii) pattern, when more than a limited number of clients are affected, more than a limited​ 32.12 number of staff are involved, or the situation has occurred repeatedly but is not found to be​ 32.13 pervasive; and​ 32.14 (iii) widespread, when problems are pervasive or represent a systemic failure that has​ 32.15 affected or has the potential to affect a large portion or all of the clients.​ 32.16 (c) If the commissioner finds that the applicant or a home care provider has not corrected​ 32.17 violations by the date specified in the correction order or conditional license resulting from​ 32.18 a survey or complaint investigation, the commissioner shall provide a notice of​ 32.19 noncompliance with a correction order by email to the applicant's or provider's last known​ 32.20 email address. The noncompliance notice must list the violations not corrected.​ 32.21 (d) For every violation identified by the commissioner, the commissioner shall issue an​ 32.22 immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct​ 32.23 the violation in the time specified. The issuance of an immediate fine can occur in addition​ 32.24 to any enforcement mechanism authorized under section 144A.475. The immediate fine​ 32.25 may be appealed as allowed under this subdivision.​ 32.26 (e) The license holder must pay the fines assessed on or before the payment date specified.​ 32.27 If the license holder fails to fully comply with the order, the commissioner may issue a​ 32.28 second fine or suspend the license until the license holder complies by paying the fine. A​ 32.29 timely appeal shall stay payment of the fine until the commissioner issues a final order.​ 32.30 (f) A license holder shall promptly notify the commissioner in writing when a violation​ 32.31 specified in the order is corrected. If upon reinspection the commissioner determines that​ 32.32 a violation has not been corrected as indicated by the order, the commissioner may issue a​ 32.33 second fine. The commissioner shall notify the license holder by mail to the last known​ 32​ Article 2 Sec. 12.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 33.1 address in the licensing record that a second fine has been assessed. The license holder may​ 33.2 appeal the second fine as provided under this subdivision.​ 33.3 (g) A home care provider that has been assessed a fine under this subdivision has a right​ 33.4 to a reconsideration or a hearing under this section and chapter 14.​ 33.5 (h) When a fine has been assessed, the license holder may not avoid payment by closing,​ 33.6 selling, or otherwise transferring the licensed program to a third party. In such an event, the​ 33.7 license holder shall be liable for payment of the fine.​ 33.8 (i) In addition to any fine imposed under this section, the commissioner may assess a​ 33.9 penalty amount based on costs related to an investigation that results in a final order assessing​ 33.10 a fine or other enforcement action authorized by this chapter.​ 33.11 (j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated​ 33.12 special revenue account. On an annual basis, the balance in the special revenue account​ 33.13 shall be appropriated to the commissioner to implement the recommendations of the advisory​ 33.14 council established in section 144A.4799.​ 33.15 (k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated​ 33.16 special revenue account and appropriated to the commissioner to provide compensation​ 33.17 according to subdivision 14 to clients subject to maltreatment. A client may choose to receive​ 33.18 compensation from this fund, not to exceed $5,000 for each substantiated finding of​ 33.19 maltreatment, or take civil action. This paragraph expires July 31, 2021.​ 33.20 Sec. 13. Minnesota Statutes 2024, section 144A.4791, subdivision 1, is amended to read:​ 33.21 Subdivision 1. Home care bill of rights; notification to client. (a) The home care​ 33.22 provider shall provide the client or the client's representative a written notice of the rights​ 33.23 under section 144A.44 before the date that services are first provided to that client. The​ 33.24 provider shall make all reasonable efforts to must provide notice of the rights to the client​ 33.25 or the client's representative in a language the client or client's representative can understand.​ 33.26 (b) In addition to the text of the home care bill of rights in section 144A.44, subdivision​ 33.27 1, the notice shall also contain the following statement describing how to file a complaint​ 33.28 with these offices.​ 33.29 "If you have a complaint about the provider or the person providing your home care​ 33.30 services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota​ 33.31 Department of Health. You may also contact the Office of Ombudsman for Long-Term​ 33.32 Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."​ 33​ Article 2 Sec. 13.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 34.1 The statement should include the telephone number, website address, email address,​ 34.2 mailing address, and street address of the Office of Health Facility Complaints at the​ 34.3 Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and​ 34.4 the Office of the Ombudsman for Mental Health and Developmental Disabilities. The​ 34.5 statement should also include the home care provider's name, address, email, telephone​ 34.6 number, and name or title of the person at the provider to whom problems or complaints​ 34.7 may be directed. It must also include a statement that the home care provider will not retaliate​ 34.8 because of a complaint.​ 34.9 (c) The notice must also contain the following statement regarding nondiscrimination:​ 34.10 "[Name of provider] will not discriminate against clients, and does not permit​ 34.11 discrimination against clients, including but not limited to bullying, abuse, or harassment,​ 34.12 on the basis of actual or perceived sexual orientation, gender identity, gender expression,​ 34.13 intersex status, two-spirit identity, or actual or perceived HIV status, or based on association​ 34.14 with another individual on account of that individual's actual or perceived sexual orientation,​ 34.15 gender identity, gender expression, intersex status, two-spirit identity, or actual or perceived​ 34.16 HIV status. You may file a complaint with the Office of Health Facility Complaints at the​ 34.17 Minnesota Department of Health, Office of Ombudsman for Long-Term Care, or Office of​ 34.18 Ombudsman for Mental Health and Developmental Disabilities if you believe that you have​ 34.19 experienced this kind of discrimination."​ 34.20 The statement must include the contact information for the departments and offices to​ 34.21 which complaints may be filed.​ 34.22 (c) (d) The home care provider shall obtain written acknowledgment of the client's receipt​ 34.23 of the home care bill of rights and the statements required under paragraphs (b) and (c) or​ 34.24 shall document why an acknowledgment cannot be obtained. The acknowledgment may be​ 34.25 obtained from the client or the client's representative. Acknowledgment of receipt shall be​ 34.26 retained in the client's record.​ 34.27 Sec. 14. Minnesota Statutes 2024, section 144A.4791, subdivision 11, is amended to read:​ 34.28 Subd. 11. Client complaint and investigative process. (a) The home care provider​ 34.29 must have a written policy and system for receiving, investigating, reporting, and attempting​ 34.30 to resolve complaints from its clients or clients' representatives, and communicating with​ 34.31 clients about how the home care provider will resolve complaints. The policy should clearly​ 34.32 identify the process by which clients may file a complaint or concern about home care​ 34.33 services and an explicit statement that the home care provider will not discriminate or​ 34.34 retaliate against a client for expressing concerns or complaints. A home care provider must​ 34​ Article 2 Sec. 14.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 35.1 have a process in place to conduct investigations of complaints made by the client or the​ 35.2 client's representative about the services in the client's plan that are or are not being provided​ 35.3 or other items covered in the client's home care bill of rights. This complaint system must​ 35.4 provide reasonable accommodations for any special needs of the client or client's​ 35.5 representative if requested. Within seven days after receiving a complaint from a client or​ 35.6 client representative, the home care provider must provide the client or client representative​ 35.7 with written information on how the home care provider plans to resolve the complaint.​ 35.8 (b) The home care provider must document the complaint, name of the client,​ 35.9 investigation, and resolution of each complaint filed. The home care provider must maintain​ 35.10 a record of all activities regarding complaints received, including the date the complaint​ 35.11 was received, and the home care provider's investigation and resolution of the complaint.​ 35.12 This complaint record must be kept for each event for at least two years after the date of​ 35.13 entry and must be available to the commissioner for review.​ 35.14 (c) The required complaint system must provide for written notice to each client or​ 35.15 client's representative that includes:​ 35.16 (1) the client's right to complain to the home care provider about the services received;​ 35.17 (2) the name or title of the person or persons with the home care provider to contact with​ 35.18 complaints;​ 35.19 (3) the method of submitting a complaint to the home care provider; and​ 35.20 (4) a statement that the provider is prohibited against retaliation according to paragraph​ 35.21 (d).​ 35.22 (d) A home care provider must not take any action that negatively affects a client in​ 35.23 retaliation for a complaint made or a concern expressed by the client or the client's​ 35.24 representative.​ 35.25 Sec. 15. Minnesota Statutes 2024, section 144A.4791, is amended by adding a subdivision​ 35.26 to read:​ 35.27 Subd. 15. Arbitration. No home care provider may include an arbitration provision in​ 35.28 a contract for home care services or otherwise require a client or prospective client, as a​ 35.29 condition of initiating or continuing home care services, to agree to arbitration to address​ 35.30 disputes regarding home care services.​ 35.31 EFFECTIVE DATE. This section is effective July 1, 2025, and applies to contracts​ 35.32 entered into on or after that date.​ 35​ Article 2 Sec. 15.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 36.1 Sec. 16. Minnesota Statutes 2024, section 144A.4796, subdivision 2, is amended to read:​ 36.2 Subd. 2. Content. (a) The orientation must contain the following topics:​ 36.3 (1) an overview of sections 144A.43 to 144A.4798;​ 36.4 (2) introduction and review of all the provider's policies and procedures related to the​ 36.5 provision of home care services by the individual staff person;​ 36.6 (3) handling of emergencies and use of emergency services;​ 36.7 (4) compliance with and reporting of the maltreatment of minors or vulnerable adults​ 36.8 under section 626.557 and chapter 260E;​ 36.9 (5) home care bill of rights under section 144A.44;​ 36.10 (6) handling of clients' complaints, reporting of complaints, and where to report​ 36.11 complaints including information on the Office of Health Facility Complaints and the​ 36.12 Common Entry Point;​ 36.13 (7) consumer advocacy services of the Office of Ombudsman for Long-Term Care,​ 36.14 Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care​ 36.15 Ombudsman at the Department of Human Services, county managed care advocates, or​ 36.16 other relevant advocacy services; and​ 36.17 (8) review of the types of home care services the employee will be providing and the​ 36.18 provider's scope of licensure.; and​ 36.19 (9) LGBTQIA2S+ and HIV cultural competency according to subdivision 5a.​ 36.20 (b) In addition to the topics listed in paragraph (a), orientation may also contain training​ 36.21 on providing services to clients with hearing loss. Any training on hearing loss provided​ 36.22 under this subdivision must be high quality and research-based, may include online training,​ 36.23 and must include training on one or more of the following topics:​ 36.24 (1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,​ 36.25 and challenges it poses to communication;​ 36.26 (2) health impacts related to untreated age-related hearing loss, such as increased​ 36.27 incidence of dementia, falls, hospitalizations, isolation, and depression; or​ 36.28 (3) information about strategies and technology that may enhance communication and​ 36.29 involvement, including communication strategies, assistive listening devices, hearing aids,​ 36.30 visual and tactile alerting devices, communication access in real time, and closed captions.​ 36​ Article 2 Sec. 16.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 37.1 Sec. 17. Minnesota Statutes 2024, section 144A.4796, is amended by adding a subdivision​ 37.2 to read:​ 37.3 Subd. 5a. LGBTQIA2S+ and HIV cultural competency training. (a) A home care​ 37.4 provider's employees and contractors must complete LGBTQIA2S+ and HIV cultural​ 37.5 competency training. At a minimum, this training must address:​ 37.6 (1) terms and language commonly used by members of the LGBTQIA2S+ community​ 37.7 and people living with HIV, including but not limited to sexual orientation, gender identity,​ 37.8 gender expression, intersex status, and HIV status;​ 37.9 (2) the health and social challenges historically experienced by members of the​ 37.10 LGBTQIA2S+ community and people living with HIV, including discrimination when​ 37.11 seeking or receiving care and the physical and mental health effects associated with this​ 37.12 discrimination;​ 37.13 (3) best practices for communicating with or about the LGBTQIA2S+ community and​ 37.14 people living with HIV, including using an individual's chosen name and pronouns;​ 37.15 (4) strategies to create a safe and affirming environment for LGBTQIA2S+ community​ 37.16 members and people living with HIV, including suggested changes to home care policies​ 37.17 and procedures, forms, signage, communication between clients and family members,​ 37.18 activities, in-house services, and staff training;​ 37.19 (5) information on why people with a diverse sexual orientation, gender identity, gender​ 37.20 expression, intersex status, or two-spirit identity, or people living with HIV may hide their​ 37.21 identities;​ 37.22 (6) information on the unique needs of people with a diverse sexual orientation, gender​ 37.23 identity, gender expression, intersex status, or two-spirit identity, or of people living with​ 37.24 HIV;​ 37.25 (7) an overview of the rights and protections for people with a diverse sexual orientation,​ 37.26 gender identity, gender expression, intersex status, or two-spirit identity, and of people​ 37.27 living with HIV;​ 37.28 (8) how to respectfully ask questions about, and respond to questions and concerns​ 37.29 relating to, sexual orientation, gender identity, gender expression, intersex status, two-spirit​ 37.30 identity, or actual or perceived HIV status; and​ 37.31 (9) basic information about HIV, transmission of HIV, the history of HIV, the stigma​ 37.32 and discrimination experienced by people living with HIV, and common myths about HIV.​ 37​ Article 2 Sec. 17.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 38.1 (b) The training required under paragraph (a) must be provided by an entity:​ 38.2 (1) whose mission and work demonstrate a belief in the reality and authenticity of​ 38.3 LGBTQIA2S+ identities and HIV, including but not limited to an understanding that gender​ 38.4 identity is a spectrum, an understanding that individuals can and should be allowed to​ 38.5 transition genders if it is their choice, an understanding that HIV causes AIDS, and a belief​ 38.6 that all members of the LGBTQIA2S+ community and those living with HIV deserve equal​ 38.7 protection under the law; and​ 38.8 (2) with expertise in identifying and addressing the legal and social challenges faced by​ 38.9 LGBTQIA2S+ individuals and individuals living with HIV as they age and those faced by​ 38.10 LGBTQIA2S+ individuals and individuals living with HIV who are receiving home care​ 38.11 services.​ 38.12 (c) The training required under paragraph (a) may be in person or online. An individual​ 38.13 who completes in-person training must obtain proof that the individual completed the training​ 38.14 in the form of a certificate signed by the individual and the individual's supervisor. Online​ 38.15 training must include controls to ensure the full training is completed, use of a personal​ 38.16 identification number or personal identification information to confirm the identity of the​ 38.17 individual participating in the training, and a printable certificate that verifies the individual​ 38.18 completed the training. An individual who completes online training must print and sign​ 38.19 the certificate and have the certificate signed by the individual's supervisor.​ 38.20 (d) An entity providing training under this subdivision must maintain records of the​ 38.21 training, including, for each training provided, the name and title of the presenter, date of​ 38.22 training, title of training, description of the training's content, and, if applicable, signatures​ 38.23 of those who completed the training.​ 38.24 Sec. 18. Minnesota Statutes 2024, section 144A.4796, subdivision 6, is amended to read:​ 38.25 Subd. 6. Required annual training. (a) All staff that perform direct home care services​ 38.26 must complete at least eight hours of annual training for each 12 months of employment.​ 38.27 The training may be obtained from the home care provider or another source and must​ 38.28 include topics relevant to the provision of home care services. The annual training must​ 38.29 include:​ 38.30 (1) training on reporting of maltreatment of minors under chapter 260E and maltreatment​ 38.31 of vulnerable adults under section 626.557, whichever is applicable to the services provided;​ 38.32 (2) review of the home care bill of rights in section 144A.44;​ 38​ Article 2 Sec. 18.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 39.1 (3) review of infection control techniques used in the home and implementation of​ 39.2 infection control standards including a review of hand-washing techniques; the need for​ 39.3 and use of protective gloves, gowns, and masks; appropriate disposal of contaminated​ 39.4 materials and equipment, such as dressings, needles, syringes, and razor blades; disinfecting​ 39.5 reusable equipment; disinfecting environmental surfaces; and reporting of communicable​ 39.6 diseases; and​ 39.7 (4) review of the provider's policies and procedures relating to the provision of home​ 39.8 care services and how to implement those policies and procedures.​ 39.9 (b) In addition to the topics listed in paragraph (a), annual training may also contain​ 39.10 training on providing services to clients with hearing loss. Any training on hearing loss​ 39.11 provided under this subdivision must be high quality and research-based, may include online​ 39.12 training, and must include training on one or more of the following topics:​ 39.13 (1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,​ 39.14 and challenges it poses to communication;​ 39.15 (2) health impacts related to untreated age-related hearing loss, such as increased​ 39.16 incidence of dementia, falls, hospitalizations, isolation, and depression; or​ 39.17 (3) information about strategies and technology that may enhance communication and​ 39.18 involvement, including communication strategies, assistive listening devices, hearing aids,​ 39.19 visual and tactile alerting devices, communication access in real time, and closed captions.​ 39.20 (c) In addition to the topics listed in paragraph (a), a home care provider's employees​ 39.21 and contractors who perform direct home care services must complete, every two years, at​ 39.22 least four hours of LGBTQIA2S+ and HIV cultural competency training according to​ 39.23 subdivision 5a.​ 39.24 (d) A home care provider's employees and contractors who do not perform direct home​ 39.25 care services must complete, every two years, at least two hours of LGBTQIA2S+ and HIV​ 39.26 cultural competency training according to subdivision 5a.​ 39.27 Sec. 19. Minnesota Statutes 2024, section 144A.4796, subdivision 7, is amended to read:​ 39.28 Subd. 7. Documentation. A home care provider must retain documentation in the​ 39.29 employee records of the staff who have satisfied the orientation and training requirements​ 39.30 of this section including, for training required under subdivision 5a, certificates of completion.​ 39​ Article 2 Sec. 19.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 40.1 Sec. 20. Minnesota Statutes 2024, section 245A.07, subdivision 3, as amended by Laws​ 40.2 2025, chapter 20, section 200, is amended to read:​ 40.3 Subd. 3. License suspension, revocation, or fine. (a) The commissioner may suspend​ 40.4 or revoke a license, or impose a fine if:​ 40.5 (1) a license holder fails to comply fully with applicable laws or rules including but not​ 40.6 limited to the requirements of this chapter and chapter 245C;​ 40.7 (2) a license holder, a controlling individual, or an individual living in the household​ 40.8 where the licensed services are provided or is otherwise subject to a background study has​ 40.9 been disqualified and the disqualification was not set aside and no variance has been granted;​ 40.10 (3) a license holder knowingly withholds relevant information from or gives false or​ 40.11 misleading information to the commissioner in connection with an application for a license,​ 40.12 in connection with the background study status of an individual, during an investigation,​ 40.13 or regarding compliance with applicable laws or rules;​ 40.14 (4) a license holder is excluded from any program administered by the commissioner​ 40.15 under section 245.095;​ 40.16 (5) revocation is required under section 245A.04, subdivision 7, paragraph (d); or​ 40.17 (6) suspension is necessary under subdivision 2a, paragraph (b), clause (2).; or​ 40.18 (7) a license holder under chapter 245D engages in a substantial violation of a service​ 40.19 recipient's rights related to the service recipient's actual or perceived sexual orientation,​ 40.20 gender identity, gender expression, intersex status, two-spirit identity, or actual or perceived​ 40.21 HIV status. The commissioner must immediately impose a fine for a violation described in​ 40.22 this clause without first providing the license holder with an opportunity to correct the​ 40.23 violation.​ 40.24 A license holder who has had a license issued under this chapter suspended, revoked,​ 40.25 or has been ordered to pay a fine must be given notice of the action by certified mail, by​ 40.26 personal service, or through the provider licensing and reporting hub. If mailed, the notice​ 40.27 must be mailed to the address shown on the application or the last known address of the​ 40.28 license holder. The notice must state in plain language the reasons the license was suspended​ 40.29 or revoked, or a fine was ordered.​ 40.30 (b) If the license was suspended or revoked, the notice must inform the license holder​ 40.31 of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts​ 40.32 1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking​ 40.33 a license. The appeal of an order suspending or revoking a license must be made in writing​ 40​ Article 2 Sec. 20.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 41.1 by certified mail, by personal service, or through the provider licensing and reporting hub.​ 41.2 If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar​ 41.3 days after the license holder receives notice that the license has been suspended or revoked.​ 41.4 If a request is made by personal service, it must be received by the commissioner within​ 41.5 ten calendar days after the license holder received the order. If the order is issued through​ 41.6 the provider hub, the appeal must be received by the commissioner within ten calendar days​ 41.7 from the date the commissioner issued the order through the hub. Except as provided in​ 41.8 subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order​ 41.9 suspending or revoking a license, the license holder may continue to operate the program​ 41.10 as provided in section 245A.04, subdivision 7, paragraphs (i) and (j), until the commissioner​ 41.11 issues a final order on the suspension or revocation.​ 41.12 (c)(1) If the license holder was ordered to pay a fine, the notice must inform the license​ 41.13 holder of the responsibility for payment of fines and the right to a contested case hearing​ 41.14 under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an​ 41.15 order to pay a fine must be made in writing by certified mail, by personal service, or through​ 41.16 the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent​ 41.17 to the commissioner within ten calendar days after the license holder receives notice that​ 41.18 the fine has been ordered. If a request is made by personal service, it must be received by​ 41.19 the commissioner within ten calendar days after the license holder received the order. If the​ 41.20 order is issued through the provider hub, the appeal must be received by the commissioner​ 41.21 within ten calendar days from the date the commissioner issued the order through the hub.​ 41.22 (2) The license holder shall pay the fines assessed on or before the payment date specified.​ 41.23 If the license holder fails to fully comply with the order, the commissioner may issue a​ 41.24 second fine or suspend the license until the license holder complies. If the license holder​ 41.25 receives state funds, the state, county, or municipal agencies or departments responsible for​ 41.26 administering the funds shall withhold payments and recover any payments made while the​ 41.27 license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine​ 41.28 until the commissioner issues a final order.​ 41.29 (3) A license holder shall promptly notify the commissioner of human services, in writing,​ 41.30 when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the​ 41.31 commissioner determines that a violation has not been corrected as indicated by the order​ 41.32 to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify​ 41.33 the license holder by certified mail, by personal service, or through the provider licensing​ 41.34 and reporting hub that a second fine has been assessed. The license holder may appeal the​ 41.35 second fine as provided under this subdivision.​ 41​ Article 2 Sec. 20.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 42.1 (4) Fines shall be assessed as follows:​ 42.2 (i) the license holder shall forfeit $1,000 for each determination of maltreatment of a​ 42.3 child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557​ 42.4 for which the license holder is determined responsible for the maltreatment under section​ 42.5 260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);​ 42.6 (ii) if the commissioner determines that a determination of maltreatment for which the​ 42.7 license holder is responsible is the result of maltreatment that meets the definition of serious​ 42.8 maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit​ 42.9 $5,000;​ 42.10 (iii) the license holder shall forfeit $200 for each occurrence of a violation of law or rule​ 42.11 governing matters of health, safety, or supervision, including but not limited to the provision​ 42.12 of adequate staff-to-child or adult ratios, and failure to comply with background study​ 42.13 requirements under chapter 245C; and​ 42.14 (iv) the license holder shall forfeit $100 for each occurrence of a violation of law or rule​ 42.15 other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iii).​ 42.16 For purposes of this section, "occurrence" means each violation identified in the​ 42.17 commissioner's fine order. Fines assessed against a license holder that holds a license to​ 42.18 provide home and community-based services, as identified in section 245D.03, subdivision​ 42.19 1, and a community residential setting or day services facility license under chapter 245D​ 42.20 where the services are provided, may be assessed against both licenses for the same​ 42.21 occurrence, but the combined amount of the fines shall not exceed the amount specified in​ 42.22 this clause for that occurrence.​ 42.23 (5) When a fine has been assessed, the license holder may not avoid payment by closing,​ 42.24 selling, or otherwise transferring the licensed program to a third party. In such an event, the​ 42.25 license holder will be personally liable for payment. In the case of a corporation, each​ 42.26 controlling individual is personally and jointly liable for payment.​ 42.27 (d) Except for background study violations involving the failure to comply with an order​ 42.28 to immediately remove an individual or an order to provide continuous, direct supervision,​ 42.29 the commissioner shall not issue a fine under paragraph (c) relating to a background study​ 42.30 violation to a license holder who self-corrects a background study violation before the​ 42.31 commissioner discovers the violation. A license holder who has previously exercised the​ 42.32 provisions of this paragraph to avoid a fine for a background study violation may not avoid​ 42.33 a fine for a subsequent background study violation unless at least 365 days have passed​ 42.34 since the license holder self-corrected the earlier background study violation.​ 42​ Article 2 Sec. 20.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 43.1 Sec. 21. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.2 to read:​ 43.3 Subd. 8d. Gender-affirming care. "Gender-affirming care" has the meaning given in​ 43.4 section 62Q.585, subdivision 3.​ 43.5 Sec. 22. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.6 to read:​ 43.7 Subd. 8e. Gender expression. "Gender expression" has the meaning given in section​ 43.8 144.651, subdivision 2.​ 43.9 Sec. 23. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.10 to read:​ 43.11 Subd. 8f. Gender identity. "Gender identity" has the meaning given in section 363A.03,​ 43.12 subdivision 50.​ 43.13 Sec. 24. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.14 to read:​ 43.15 Subd. 9a. HIV. "HIV" means the human immunodeficiency virus.​ 43.16 Sec. 25. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.17 to read:​ 43.18 Subd. 12a. LGBTQIA2S+. "LGBTQIA2S+" has the meaning given in section 144.651,​ 43.19 subdivision 2.​ 43.20 Sec. 26. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.21 to read:​ 43.22 Subd. 32b. Sexual orientation. "Sexual orientation" has the meaning given in section​ 43.23 363A.03, subdivision 44.​ 43.24 Sec. 27. Minnesota Statutes 2024, section 245D.02, is amended by adding a subdivision​ 43.25 to read:​ 43.26 Subd. 34b. Transgender. "Transgender" has the meaning given in section 144.651,​ 43.27 subdivision 2.​ 43​ Article 2 Sec. 27.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 44.1 Sec. 28. Minnesota Statutes 2024, section 245D.04, is amended to read:​ 44.2 245D.04 SERVICE RECIPIENT RIGHTS.​ 44.3 Subdivision 1. License holder responsibility for individual rights of persons served​ 44.4 by the program. The license holder must:​ 44.5 (1) provide each person or each person's legal representative with a an oral and written​ 44.6 notice, in plain language and in a language the person understands, that identifies the service​ 44.7 recipient rights in subdivisions 2 and 3, and an explanation of those rights within five​ 44.8 working days of service initiation and annually thereafter;​ 44.9 (2) make reasonable accommodations to provide this information in other formats or​ 44.10 languages as needed to facilitate understanding of the rights by the person and the person's​ 44.11 legal representative, if any;​ 44.12 (3) maintain documentation of the person's or the person's legal representative's receipt​ 44.13 of a copy and an explanation of the rights; and​ 44.14 (4) ensure the exercise and protection of the person's rights in the services provided by​ 44.15 the license holder and as authorized in the support plan.​ 44.16 Subd. 2. Service-related rights. A person's service-related rights include the right to:​ 44.17 (1) participate in the development and evaluation of the services provided to the person;​ 44.18 (2) have services and supports identified in the support plan and the support plan​ 44.19 addendum provided in a manner that respects and takes into consideration the person's​ 44.20 preferences according to the requirements in sections 245D.07 and 245D.071;​ 44.21 (3) receive HIV-related treatment as prescribed, gender-affirming care, gender-affirming​ 44.22 mental health care, and medical and nonmedical care that is appropriate to a person's organs​ 44.23 and bodily needs; not have the person's dignity demeaned or cause the person avoidable​ 44.24 discomfort; and not have medical or nonmedical care denied or curtailed because of the​ 44.25 person's actual or perceived sexual orientation, gender identity, gender expression, intersex​ 44.26 status, two-spirit identity, or actual or perceived HIV status;​ 44.27 (3) (4) refuse or terminate services, including experimental HIV treatment or​ 44.28 gender-affirming care, and be informed of the consequences of refusing or terminating​ 44.29 services;​ 44.30 (4) (5) know, in advance, limits to the services available from the license holder, including​ 44.31 the license holder's knowledge, skill, and ability to meet the person's service and support​ 44.32 needs;​ 44​ Article 2 Sec. 28.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 45.1 (5) (6) know conditions and terms governing the provision of services, including the​ 45.2 license holder's admission criteria and policies and procedures related to temporary service​ 45.3 suspension and service termination;​ 45.4 (7) know, in advance, whether the staff who will provide the services completed the​ 45.5 required LGBTQIA2S+ and HIV cultural competency training;​ 45.6 (6) (8) a coordinated transfer to ensure continuity of care when there will be a change​ 45.7 in the provider;​ 45.8 (7) (9) know what the charges are for services, regardless of who will be paying for the​ 45.9 services, and be notified of changes in those charges and whether charges and payments​ 45.10 may be impacted by the person's sexual orientation, gender identity, gender expression,​ 45.11 intersex status, two-spirit identity, or actual or perceived HIV status;​ 45.12 (8) (10) know, in advance, whether services are covered by insurance, government​ 45.13 funding, or other sources, and be told of any charges the person or other private party may​ 45.14 have to pay; and​ 45.15 (9) (11) receive services from an individual who is competent and trained, who has​ 45.16 professional certification or licensure, as required, and who meets additional qualifications​ 45.17 identified in the person's support plan or support plan addendum.​ 45.18 Subd. 3. Protection-related rights. (a) A person's protection-related rights include the​ 45.19 right to:​ 45.20 (1) have personal, financial, service, health, and medical information, including but not​ 45.21 limited to information on the person's sexual orientation, gender identity, gender expression,​ 45.22 intersex status, two-spirit identity, or HIV status, kept private, and be advised of disclosure​ 45.23 of this information by the license holder;​ 45.24 (2) access records and recorded information about the person in accordance with​ 45.25 applicable state and federal law, regulation, or rule;​ 45.26 (3) be free from maltreatment;​ 45.27 (4) be free from restraint, time out, seclusion, restrictive intervention, or other prohibited​ 45.28 procedure identified in section 245D.06, subdivision 5, or successor provisions, except for:​ 45.29 (i) emergency use of manual restraint to protect the person from imminent danger to self​ 45.30 or others according to the requirements in section 245D.061 or successor provisions; or (ii)​ 45.31 the use of safety interventions as part of a positive support transition plan under section​ 45.32 245D.06, subdivision 8, or successor provisions;​ 45​ Article 2 Sec. 28.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 46.1 (5) receive services in a clean and safe environment when the license holder is the owner,​ 46.2 lessor, or tenant of the service site;​ 46.3 (6) be treated with courtesy and respect, be free from having others repeatedly, knowingly,​ 46.4 and willfully refuse to use the person's chosen name and pronouns after being reasonably​ 46.5 informed of the person's chosen name and pronouns, and receive respectful treatment of​ 46.6 the person's property;​ 46.7 (7) reasonable observance of cultural and ethnic practice and religion;​ 46.8 (8) be free from bias and harassment regarding discrimination based on race, gender​ 46.9 color, age, disability, spirituality, and sex, gender identity, gender expression, two-spirit​ 46.10 identity, intersex status, actual or perceived sexual orientation, marital status, medical​ 46.11 condition, including actual or perceived HIV status, military or veteran status, national​ 46.12 origin, ancestry, genetic information, receipt of HIV-related treatment, or receipt of​ 46.13 gender-affirming care or gender-affirming mental health care;​ 46.14 (9) be free from discrimination based on private and personal items belonging to the​ 46.15 person, including but not limited to photographs, letters, mail, clothing, toiletries, and décor,​ 46.16 and be free to wear clothing, accessories, and cosmetics of the person's choosing;​ 46.17 (10) be free to have visitors of the person's choice; to restrict or prohibit visitors, including​ 46.18 members of the person's biological family; to have the person's visitors be free from​ 46.19 discrimination as provided in clause (8); and to have consensual sexual relations;​ 46.20 (9) (11) be informed of and use the license holder's grievance policy and procedures,​ 46.21 including knowing how to contact persons responsible for addressing problems and to appeal​ 46.22 under section 256.045;​ 46.23 (10) (12) know the name, telephone number, and the website, email, and street addresses​ 46.24 of protection and advocacy services, including the appropriate state-appointed ombudsman,​ 46.25 and a brief description of how to file a complaint with these offices;​ 46.26 (11) (13) assert these rights personally, or have them asserted by the person's family,​ 46.27 authorized representative, or legal representative, without retaliation;​ 46.28 (12) (14) give or withhold written informed consent to participate in any research or​ 46.29 experimental treatment;​ 46.30 (13) (15) associate with other persons of the person's choice in the community;​ 46.31 (14) (16) personal privacy, with or without visitors, at times of the person's choosing,​ 46.32 including the right to use the lock on the person's bedroom or unit door;​ 46​ Article 2 Sec. 28.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 47.1 (15) (17) engage in chosen activities; and​ 47.2 (16) (18) access to the person's personal possessions at any time, including financial​ 47.3 resources.​ 47.4 (b) For a person residing in a residential site licensed according to chapter 245A, or​ 47.5 where the license holder is the owner, lessor, or tenant of the residential service site,​ 47.6 protection-related rights also include the right to:​ 47.7 (1) have daily, private access to and use of a non-coin-operated telephone for local calls​ 47.8 and long-distance calls made collect or paid for by the person;​ 47.9 (2) receive and send, without interference, uncensored, unopened mail or electronic​ 47.10 correspondence or communication;​ 47.11 (3) have use of and free access to common areas in the residence and the freedom to​ 47.12 come and go from the residence at will;​ 47.13 (4) choose the person's visitors and time of visits and have privacy for visits with the​ 47.14 person's spouse, next of kin, legal counsel, religious adviser, or others, in accordance with​ 47.15 section 363A.09 of the Human Rights Act, including privacy in the person's bedroom;​ 47.16 (5) have access to three nutritionally balanced meals and nutritious snacks between​ 47.17 meals each day;​ 47.18 (6) have freedom and support to access food and potable water at any time;​ 47.19 (7) have the freedom to furnish and decorate the person's bedroom or living unit;​ 47.20 (8) a setting that is clean and free from accumulation of dirt, grease, garbage, peeling​ 47.21 paint, mold, vermin, and insects;​ 47.22 (9) a setting that is free from hazards that threaten the person's health or safety; and​ 47.23 (10) a setting that meets the definition of a dwelling unit within a residential occupancy​ 47.24 as defined in the State Fire Code.​ 47.25 (c) Restriction of a person's rights under paragraph (a), clauses (13) to (16), or paragraph​ 47.26 (b) is allowed only if determined necessary to ensure the health, safety, and well-being of​ 47.27 the person. Any restriction of those rights must be documented in the person's support plan​ 47.28 or support plan addendum. The restriction must be implemented in the least restrictive​ 47.29 alternative manner necessary to protect the person and provide support to reduce or eliminate​ 47.30 the need for the restriction in the most integrated setting and inclusive manner. The​ 47.31 documentation must include the following information:​ 47​ Article 2 Sec. 28.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 48.1 (1) the justification for the restriction based on an assessment of the person's vulnerability​ 48.2 related to exercising the right without restriction;​ 48.3 (2) the objective measures set as conditions for ending the restriction;​ 48.4 (3) a schedule for reviewing the need for the restriction based on the conditions for​ 48.5 ending the restriction to occur semiannually from the date of initial approval, at a minimum,​ 48.6 or more frequently if requested by the person, the person's legal representative, if any, and​ 48.7 case manager; and​ 48.8 (4) signed and dated approval for the restriction from the person, or the person's legal​ 48.9 representative, if any. A restriction may be implemented only when the required approval​ 48.10 has been obtained. Approval may be withdrawn at any time. If approval is withdrawn, the​ 48.11 right must be immediately and fully restored.​ 48.12 Subd. 4. Restriction of a person's rights. Restriction of a person's rights under​ 48.13 subdivision 3, paragraph (a), clauses (15) to (18), or (b), is allowed only if determined​ 48.14 necessary to ensure the health, safety, and well-being of the person. Any restriction of those​ 48.15 rights must be documented in the person's support plan or support plan addendum. The​ 48.16 restriction must be implemented in the least restrictive alternative manner necessary to​ 48.17 protect the person and provide support to reduce or eliminate the need for the restriction in​ 48.18 the most integrated setting and inclusive manner. The documentation must include the​ 48.19 following information:​ 48.20 (1) the justification for the restriction based on an assessment of the person's vulnerability​ 48.21 related to exercising the right without restriction;​ 48.22 (2) the objective measures set as conditions for ending the restriction;​ 48.23 (3) a schedule for reviewing the need for the restriction based on the conditions for​ 48.24 ending the restriction to occur semiannually from the date of initial approval, at a minimum,​ 48.25 or more frequently if requested by the person, the person's legal representative, if any, and​ 48.26 the person's case manager; and​ 48.27 (4) signed and dated approval for the restriction from the person or the person's legal​ 48.28 representative, if any. A restriction may be implemented only when the required approval​ 48.29 has been obtained. Approval may be withdrawn at any time. If approval is withdrawn, the​ 48.30 right must be immediately and fully restored.​ 48.31 Subd. 5. Request to waive rights prohibited. No provider may require or request a​ 48.32 person to waive any of the rights listed in this section at any time, except as provided in​ 48.33 subdivision 4, including as a condition of initiating services or entering into a contract.​ 48​ Article 2 Sec. 28.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 49.1 Subd. 6. Notice of nondiscrimination. The notice required under subdivision 1 must​ 49.2 also contain the following statement regarding nondiscrimination:​ 49.3 "[Name of license holder] will not discriminate against service recipients, and does not​ 49.4 permit discrimination against service recipients, including but not limited to bullying, abuse,​ 49.5 or harassment on the basis of actual or perceived sexual orientation, gender identity, gender​ 49.6 expression, intersex status, two-spirit identity, or actual or perceived HIV status, or based​ 49.7 on association with another individual on account of that individual's actual or perceived​ 49.8 sexual orientation, gender identity, gender expression, intersex status, two-spirit identity,​ 49.9 or actual or perceived HIV status. You may file a complaint with the Office of Ombudsman​ 49.10 for Long-Term Care or Office of Ombudsman for Mental Health and Developmental​ 49.11 Disabilities if you believe that you have experienced this kind of discrimination."​ 49.12 The statement must include the contact information for the department and offices to​ 49.13 which complaints may be filed.​ 49.14 Subd. 7. Arbitration. No license holder may include an arbitration provision in a contract​ 49.15 for home and community-based services or otherwise require a person, as a condition of​ 49.16 initiating or continuing home and community-based services, to agree to arbitration to​ 49.17 address disputes regarding home and community-based services.​ 49.18 Subd. 8. Civil action. A person injured by a violation of this section based on the person's​ 49.19 actual or perceived sexual orientation, gender identity, gender expression, intersex status,​ 49.20 two-spirit identity, or actual or perceived HIV status may bring a civil action to recover​ 49.21 damages and costs and reasonable attorney fees.​ 49.22 Sec. 29. Minnesota Statutes 2024, section 245D.09, subdivision 4, is amended to read:​ 49.23 Subd. 4. Orientation to program requirements. Except for a license holder who does​ 49.24 not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise,​ 49.25 the license holder must provide and ensure completion of orientation sufficient to create​ 49.26 staff competency for direct support staff that combines supervised on-the-job training with​ 49.27 review of and instruction in the following areas:​ 49.28 (1) the job description and how to complete specific job functions, including:​ 49.29 (i) responding to and reporting incidents as required under section 245D.06, subdivision​ 49.30 1; and​ 49.31 (ii) following safety practices established by the license holder and as required in section​ 49.32 245D.06, subdivision 2;​ 49​ Article 2 Sec. 29.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 50.1 (2) the license holder's current policies and procedures required under this chapter,​ 50.2 including their location and access, and staff responsibilities related to implementation of​ 50.3 those policies and procedures;​ 50.4 (3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal​ 50.5 Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff​ 50.6 responsibilities related to complying with data privacy practices;​ 50.7 (4) the service recipient rights and staff responsibilities related to ensuring the exercise​ 50.8 and protection of those rights according to the requirements in section 245D.04;​ 50.9 (5) sections 245A.65, 245A.66, and 626.557 and chapter 260E governing maltreatment​ 50.10 reporting and service planning for children and vulnerable adults, and staff responsibilities​ 50.11 related to protecting persons from maltreatment and reporting maltreatment. This orientation​ 50.12 must be provided within 72 hours of first providing direct contact services and annually​ 50.13 thereafter according to section 245A.65, subdivision 3;​ 50.14 (6) the principles of person-centered service planning and delivery as identified in section​ 50.15 245D.07, subdivision 1a, and how they apply to direct support service provided by the staff​ 50.16 person;​ 50.17 (7) the safe and correct use of manual restraint on an emergency basis according to the​ 50.18 requirements in section 245D.061 or successor provisions, and what constitutes the use of​ 50.19 restraints, time out, and seclusion, including chemical restraint;​ 50.20 (8) staff responsibilities related to prohibited procedures under section 245D.06,​ 50.21 subdivision 5, or successor provisions, why such procedures are not effective for reducing​ 50.22 or eliminating symptoms or undesired behavior, and why such procedures are not safe;​ 50.23 (9) basic first aid;​ 50.24 (10) strategies to minimize the risk of sexual violence, including concepts of healthy​ 50.25 relationships, consent, and bodily autonomy of people with disabilities; and​ 50.26 (11) LGBTQIA2S+ and HIV cultural competency according to subdivision 5b; and​ 50.27 (11) (12) other topics as determined necessary in the person's support plan by the case​ 50.28 manager or other areas identified by the license holder.​ 50.29 Sec. 30. Minnesota Statutes 2024, section 245D.09, subdivision 5, is amended to read:​ 50.30 Subd. 5. Annual training. (a) A license holder must provide annual training to direct​ 50.31 support staff on the topics identified in subdivision 4, clauses (3) to (11) (10) and (12). If​ 50​ Article 2 Sec. 30.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 51.1 the direct support staff has a first aid certification, annual training under subdivision 4,​ 51.2 clause (9), is not required as long as the certification remains current.​ 51.3 (b) In addition to the topics listed in paragraph (a), a license holder's employees,​ 51.4 subcontractors, and temporary staff who perform direct home care services must complete,​ 51.5 every two years, at least four hours of LGBTQIA2S+ and HIV cultural competency training​ 51.6 according to subdivision 5b.​ 51.7 (c) A license holder's employees, subcontractors, and temporary staff who do not perform​ 51.8 direct home care services must complete, every two years, at least two hours of​ 51.9 LGBTQIA2S+ and HIV cultural competency training according to subdivision 5b.​ 51.10 Sec. 31. Minnesota Statutes 2024, section 245D.09, is amended by adding a subdivision​ 51.11 to read:​ 51.12 Subd. 5b. LGBTQIA2S+ and HIV cultural competency training. (a) A license holder's​ 51.13 employees, subcontractors, and temporary staff must complete cultural competency training​ 51.14 with regard to LGBTQIA2S+ and HIV topics.​ 51.15 (b) The training required under paragraph (a):​ 51.16 (1) must satisfy the requirements in section 144A.4796, subdivision 5a;​ 51.17 (2) must, at a minimum, address the topics listed in section 144A.4796, subdivision 5a;​ 51.18 (3) must be provided by an entity that meets the requirements in section 144A.4796,​ 51.19 subdivision 5a; and​ 51.20 (4) may be provided in person or online.​ 51.21 An individual who completes in-person training or online training must comply with the​ 51.22 requirements for in-person training or online training, as applicable, in section 144A.4796,​ 51.23 subdivision 5a.​ 51.24 (c) An entity providing training under this subdivision must maintain records of the​ 51.25 training, including, for each training provided, the name and title of the presenter, date of​ 51.26 training, title of training, description of the training's content, and, if applicable, signatures​ 51.27 of those who completed the training.​ 51.28 Sec. 32. Minnesota Statutes 2024, section 245D.095, subdivision 5, is amended to read:​ 51.29 Subd. 5. Personnel records. (a) The license holder must maintain a personnel record​ 51.30 of each employee to document and verify staff qualifications, orientation, and training,​ 51​ Article 2 Sec. 32.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ 52.1 including, for training required under section 245D.09, subdivision 5b, certificates of​ 52.2 completion. The personnel record must include:​ 52.3 (1) the employee's date of hire, completed application, an acknowledgment signed by​ 52.4 the employee that job duties were reviewed with the employee and the employee understands​ 52.5 those duties, and documentation that the employee meets the position requirements as​ 52.6 determined by the license holder;​ 52.7 (2) documentation of staff qualifications, orientation, training, and performance​ 52.8 evaluations as required under section 245D.09, subdivisions 3 to 5, including the date the​ 52.9 training was completed, the number of hours per subject area, and the name of the trainer​ 52.10 or instructor; and​ 52.11 (3) a completed background study as required under chapter 245C.​ 52.12 (b) For employees hired after January 1, 2014, the license holder must maintain​ 52.13 documentation in the personnel record or elsewhere, sufficient to determine the date of the​ 52.14 employee's first supervised direct contact with a person served by the program, and the date​ 52.15 of first unsupervised direct contact with a person served by the program.​ 52.16 Sec. 33. Minnesota Statutes 2024, section 245D.21, is amended by adding a subdivision​ 52.17 to read:​ 52.18 Subd. 3. Chief diversity officer. For an applicant with 25 or more employees, the​ 52.19 applicant must provide the commissioner with the name of the applicant's chief diversity​ 52.20 officer.​ 52.21 Sec. 34. APPROPRIATIONS.​ 52.22 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​ 52.23 general fund to the commissioner of health for grants to eligible organizations to develop​ 52.24 and provide LGBTQIA2S+ and HIV cultural competency training under Minnesota Statutes,​ 52.25 section 144A.4796, subdivision 5a.​ 52.26 (b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​ 52.27 general fund to the commissioner of human services for grants to eligible organizations to​ 52.28 develop and provide LGBTQIA2S+ and HIV cultural competency training under Minnesota​ 52.29 Statutes, section 245D.09, subdivision 5b.​ 52​ Article 2 Sec. 34.​ 25-05636 as introduced​ 05/16/25 REVISOR SGS/AC​ Page.Ln 1.20​ LGBTQIA2S+ AND HIV LONG-TERM CARE BILL OF RIGHTS.... ARTICLE 1​ Page.Ln 24.11​ LGBTQIA2S+ AND HIV HOME AND COMMUNITY-BASED​ SERVICES BILL OF RIGHTS.............................................................. ARTICLE 2​ 1​ APPENDIX​ Article locations for 25-05636​