The administration of Gov. Tim Walz is proposing a dramatic expansion of the state's powers to fight abuse and neglect of elderly and frail Minnesotans who live in care facilities across the state.
The multipronged proposal, outlined Tuesday in Walz's two-year budget plan, would subject care facilities to more frequent inspections and immediate fines in cases of health and safety violations. The state would also create a licensing system for assisted-living homes, which now serve more than 60,000 Minnesotans but operate under less supervision than nursing homes.
If approved, the package would cost $62.5 million over four years and would represent the broadest expansion of consumer protections for vulnerable adults in Minnesota in generations. It would also bring Minnesota's enforcement powers more in line with the rest of the country, at a time when reports of maltreatment are on the rise statewide. Records show Minnesota had fallen behind other states in its regulation of programs and facilities for vulnerable adults.
"This is transformational change in how we ensure the safety and security of vulnerable adults across the state," Human Services Commissioner Tony Lourey said. "It's really about engaging the voices of consumers … and listening to family members of vulnerable adults, who have watched and seen that our … efforts have not been enough."
The proposal also culminates years of work by seniors' organizations and families of elder abuse victims, who have raised alarm at the State Capitol over the state's slow response to serious incidents of maltreatment and what they see as an imbalance of power between the residential care industry and vulnerable adults.
The case for reform gained momentum early last year following a Star Tribune investigation detailing how senior care facilities had failed to protect their residents from hundreds of incidents of criminal abuse, including beatings, sexual assaults and thefts. The report also found that residents of assisted-living facilities had few protections against unsafe or unfair business practices. Those who spoke openly about being mistreated sometimes faced retaliation by facility staff, and even threats of eviction, the Star Tribune found.
A coalition of senior care organizations called attention to the fact that Minnesota regulators were hamstrung in their ability to hold assisted-living facilities accountable, even in cases of serious abuse, because the state had failed to keep pace with rapid changes in the residential care industry. Minnesota is the only state that does not license assisted-living facilities, which makes it difficult for the state to enforce minimum standards of care for a complex population.
Assisted-living facilities, which often resemble apartment buildings with services, were intended originally for older people who needed some assistance to live independently but wanted greater freedom and social interaction than they would find in a conventional nursing home. Over time, however, the distinctions have blurred and assisted-living facilities have begun serving residents who are frail or have serious medical conditions.
