Federal and State Elder Care Regulations
• Nursing Home
o High Level of Care
o Low to Medium Level of Resident Autonomy
o Full supportive and nursing services for non-acute patients
• Residential Facilities
o Low to High Level of Care
o Medium to High Level of Resident Autonomy
o Supportive and/or health-related services are provided in a residential setting generally accommodating 4-20 people, not in a larger apartment-style facility nor the senior’s own home
o Licensure varies widely as to the services offered from “Class A” (high to low care) to “adult foster care” (high to medium care)
o May or may not be registered as “Housing with Services” facility, depending on type of facility or services offered
o May or may not be considered “Assisted Living” facilities, depending on if the requirements of § 144G are met
o Examples: Adult Foster Care; Supervised Living Facility; Memory Care
• Housing with Services Establishments
o Low to Medium Level of Care (unless increased services brought in by resident)
o Medium to High Level of Senior Autonomy
o Supportive and/or health-related services are provided in an apartment-style setting or a residential setting, not the senior’s own home
o Licensure varies widely as to the services offered from “Class F” (high to low care) to “adult foster care” (medium to high care)
o May or may not be considered “Assisted Living” facilities, depending on if the requirements of § 144G are met
• Home Care
o Low to High Level of Care
o Medium to High Level of Senior Autonomy
o Supportive and/or health-related services brought into the senior’s own home
o Personal Care Provider Organizations (PCPO) or Agencies (PCA) may provide personal care attendants
• Adult Day Services
o High to Low Level of Care
o Medium to High Level of Senior Autonomy
o Coordinated social, health, and nutritional services offered at an off-site location for the day only, not in the senior’s home, residential setting, or apartment-style setting
o Licensure may be for “adult day services” at an off-site location or for “family adult day services” in the operator’s own home
• Independent Housing
o No to Low Level of Care (unless increased services brought in by resident)
o High Level of Senior Autonomy
o May be apartment-style or residential setting
o Some meals may be provided if no individual kitchen
o Some social services may be provided such as activities and transportation
o Some facilities may offer very low level supportive and/or health-related services (i.e. medication reminder)
o Other names:
“Board & Lodging” since management provides room & board only and generally does not arrange for supportive or health-related services for the residents. “Board & Lodge with Special Services” may provide minimum care such as assistance with medication.
“Active Living” to reference the type of resident for which the facility is designed, one that is generally autonomous enough to maintain an active lifestyle
• FUTURE: Older Adults Community Consortiums
o Beginning July 1, 2009, the DHS, MDH and MN Dept of Housing Finance shall jointly implement a demonstration project for older adult services to shift care from nursing facilities to home-based alternatives as appropriate
o The project is intended to:
Ensure consumer access to a continuum of older adult services
Create an adequate supply of affordable home-based alternatives
Establish performance targets for care throughout the continuum
Support the management of complex conditions through greater coordination
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.