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HF 2363

Long-term care facilities residents right to designated support person provided.

2025-2026 Regular Session Introduced by Patti Anderson and 8 co-sponsors

Long-term care residents would have the right to designate a support person who can participate in care planning, advocate for preferences, and assist with understanding medical in

Introduction and first reading, referred to Human Services Finance and Policy
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Bill Summary · HF 2363

Summary of HF 2363 (2025-2026) — Minnesota: Long-Term Care Facilities Residents’ Right to Designated Support Person

Purpose and intent

HF 2363 aims to establish residents’ rights in long-term care facilities to have a designated support person. The bill sets out procedures and protections intended to ensure residents can involve a person of their choosing (often a family member, friend, or other caregiver) who can participate in care planning, visitation, and advocacy within the facility. The overarching goal is to strengthen resident autonomy, ensure meaningful involvement in decision-making, and support residents’ emotional and social well-being through access to a trusted designated individual.

Key provisions and changes

  • Right to a designated support person: Each resident of a long-term care facility would have the right to designate a specific individual to serve as a support person. This designation is intended to accompany and assist the resident in care-related discussions and decisions.

  • Scope of the designated person’s involvement:

    • Participation in care planning and review meetings as appropriate.
    • Advocacy on behalf of the resident’s preferences, values, and goals.
    • Assistance with understanding medical information, discharge planning, and consent processes, as permitted by applicable law and facility policies.

  • Notification and process for designation:

    • Facilities would be required to recognize the designated person and establish a process for identification and communication.
    • Procedures for updating or changing the designated person, while ensuring the resident’s wishes are honored.

  • Resident autonomy and consent:

    • The designation is voluntary and reversible by the resident, provided the resident retains capacity to make decisions. If a resident lacks capacity, procedures would be included to appoint and involve a legally authorized representative consistent with state law.

  • Facility responsibilities:

    • Facilities must facilitate the designated person’s access to the resident and involvement in care discussions, subject to safety, privacy, and other regulatory constraints.
    • Clarification of the designated person’s role in visitation and participation, balancing other residents’ rights and facility operations.

  • Protection of rights and grievance mechanisms:

    • Provisions to protect residents from retaliation or interference related to the designation.
    • Establishment or clarification of a process for complaints or disputes related to the designated person.

  • Applicable laws and alignment:

    • The bill would align with existing patient/resident rights frameworks and state long-term care regulations, incorporating appropriate safeguards to protect privacy, consent, and safety.

Who is affected

  • Residents of long-term care facilities: Gains an explicit right to designate a support person to aid in understanding, decision-making, advocacy, and care planning.
  • Designated support persons: Individuals chosen by residents would receive recognition and access rights to participate in certain care-related processes and meetings.
  • Facilities and staff: Must implement processes to recognize and work with a designated support person, coordinate communications, and ensure compliance with the resident’s right.
  • Families and friends: May see enhanced involvement in the resident’s plans and concerns, provided they are designated and approved by the resident.

Procedural and timeline aspects

  • Introduction and referral: The bill was introduced and referred to the House committee on Human Services Finance and Policy on March 13, 2025.
  • Next steps: If advanced, the bill would move through committee hearings, potential amendments, and floor votes in the Minnesota Legislature, followed by the standard reconciliation with the Senate version (if applicable) and eventual enactment or defeat.
  • Effective date: The text provided does not specify an effective date; typical enactments include an implementation timeline (e.g., upon enactment or a staged phased-in date). The bill’s full text would specify when residents and facilities must begin complying.

Potential impact and considerations

  • Resident well-being and autonomy: By formalizing a designated support person, residents may experience improved communication, advocacy, and alignment of care with personal preferences.
  • Operational considerations for facilities: Requires policy adaptations, staff training, and clear procedures to accommodate designated individuals while maintaining safety and privacy.
  • Balance with other rights: Provisions would need to navigate privacy laws, infection control, and routine care operations to avoid disruptiveness while empowering residents.
  • Guardianship and capacity issues: Clear rules would be needed for residents lacking decision-making capacity and for appointing legally authorized representatives.

If you’d like, I can tailor this summary to include hypothetical examples, potential fiscal implications, or compare with similar protections in other states.

Compiled from official sources — confirm details with the bill’s official record.

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