Minnesota Agencies

At the commissioner's request, the advisory council shall provide advice regarding regulations of Department of Health licensed home care providers, including advice on the following: community standards for home care practices; enforcement of licensing standards and whether certain disciplinary actions are appropriate; ways of distributing information to licensees and consumers of home care; training standards; identifying emerging issues and opportunities in the home care field, including the use of technology in home and telehealth capabilities; allowable home care licensing modifications and exemptions, including a method for an integrated license with an existing license for rural licensed nursing homes to provide limited home care services in an adjacent independent living apartment building owned by the licensed nursing home; and recommendations for studies using the data in Minn. Stat. 62U.04, subdivision 4, including but not limited to studies concerning costs related to dementia and chronic disease among an elderly population over 60 and additional long-term care costs. The advisory council shall perform other duties as directed by the commissioner.

In 2012, the Minnesota legislature directed the Minnesota Department of Health to provide recommendations to the legislature on the development of a comprehensive plan to increase inspection and oversight of MDH licensed home care providers in MN. With support of the Governor's Office, MDH brought recommendations to the Legislature in 2013 which included a number of changes to the home care provider licensing regulations.

The Legislature passed the law, which includes a transition period that starts July 1, 2013. The law was fully implemented by July 2015, at which time all providers had to be licensed under the new law.

The Home Care Provider Advisory Council was reviewed by the Legislative Commission on Planning and Fiscal Policy (LCPFP) in 2013 as part of their biennial duty required by Minn. Stat. 3.885 Subd. 11. The LCPFP's 2013 Recommendations called for keeping the council.

In 2016, the advisory council was renamed the Home Care and Assisted Living Program Advisory Council (see Laws of Minnesota 2016, chapter 179, section 13). The council's membership changed slightly in 2019 (see Laws of Minn. 2019, chap. 60, art. 4, sec. 26). The council's name and membership changed again in 2025 (see Laws of Minn. 2025, 1st Sp. Sess., chap. 9, art. 8, sec. 3).

The commissioner of health shall appoint 14 persons to a home care and assisted living advisory council consisting of the following:

• four public members as defined in Minn. Stat. 214.02, one of whom must be a person who either is receiving or has received home care services preferably within the five years prior to initial appointment, one of whom must be a person who has or had a family member receiving home care services preferably within the five years prior to initial appointment, one of whom must be a person who either is or has been a resident in an assisted living facility preferably within the five years prior to initial appointment, and one of whom must be a person who has or had a family member residing in an assisted living facility preferably within the five years prior to initial appointment;
• two Minnesota home care licensees representing basic and comprehensive levels of licensure who may be a managerial official, an administrator, a supervising registered nurse, or an unlicensed personnel performing home care tasks;
• one member representing the Minnesota Board of Nursing;
• one member representing the Office of Ombudsman for Long-Term Care;
• one member representing the Office of Ombudsman for Mental Health and Developmental Disabilities;
• one member of a county health and human services or county adult protection office;
• two Minnesota assisted living facility licensees representing assisted living facilities and assisted living facilities with dementia care levels of licensure who may be the facility's assisted living director, managerial official, or clinical nurse supervisor;
• one organization representing long-term care providers, home care providers, and assisted living providers in Minnesota; and
• one representative of a consumer advocacy organization representing individuals receiving long-term care from licensed home care providers or assisted living facilities