2026 Minnesota Legislative Session: Key Policy Changes to Minnesota Statutes
The 2026 Minnesota Legislative Session resulted in several policy changes enacted into law that clarify existing provisions and modify requirements for health industries and professions regulated by the Health Regulation Division (HRD). Effective dates are provided. These summary highlights are not exhaustive and do not include all items passed under budget omnibus bills.
Grandparents’ happy hour
Chapter 48, Section 2 Modifies Minnesota Statutes 2025, section 340A.4015
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Effective date: Aug. 1, 2026
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Assisted living facilities and nursing home facilities are allowed to serve alcohol to residents without a liquor license if they meet certain criteria.
Regions exception to the hospital moratorium
Chapter 91 Modifies Minnesota Statutes 2025, section 144.551
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Effective date: Aug. 1, 2026
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Allows Regions Hospital in Saint Paul to add 85 licensed beds.
Delete references to Chapter 144D
Chapter 95, Article 3; sections 1, 3, 4, and 24-27 Modifies Minnesota Statutes, sections 144.56, 144.6502, 144A.104, 157.17, and 295.50
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Effective date: July 1, 2026
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Deletes outdated references to Chapter 144D throughout Minnesota Statutes and replaces it with 144G when appropriate.
Restraints language for Assisted Living Facilities (ALFs)
Chapter 95, Article 3; sections 2, 10, 11, 12, 22, and 23 Modifies Minnesota Statutes, sections 144.586, 144G.08, 144G.65, and 144G.85
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Effective date: Jan. 1, 2027
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Clarifies requirements and expectations related to the use of restraints in assisted living settings. The language helps reinforce resident rights, resident safety, and appropriate care standards within licensed facilities.
Guardian/conservator requirement prohibition
Chapter 95, Article 3, sections 4 and 19 Modifies Minnesota Statutes, sections 144A.104 and 144G.505
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Effective date: July 1, 2026
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Prohibits nursing homes and ALFs from requiring a person or resident to obtain a guardian/conservator as a condition of new or continued residence.
Change of Ownership (CHOW) fine responsibility
Chapter 95, Article 3; sections 6, 7, 13, and 14 Modifies Minnesota Statutes, sections 144A.472, 144A.474, 144G.19, and 144G.31
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Effective date: July 1, 2026
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Clarifies that if there are outstanding fines or fees on a license during a nursing home or ALF CHOW, the new licensee is responsible for those payments.
New competitive grant program for home care fines
Chapter 95, Article 3, sections 7 and 28 Modifies Minnesota Statutes, section 144A.474
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Effective date: July 1, 2026
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Creates a competitive grant program for improving home care client quality of care and outcomes with a focus on workforce and clinical outcomes. The initial grant money will be funded from the balance of the home care fines on Jan. 1, 2027, and must be distributed by Dec. 31, 2028.
Requirement to appoint advisory members within 60 days
Chapter 95, Article 3, section 8 Modifies Minnesota Statutes, section 144A.4799
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Effective date: July 1, 2026
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The commissioner shall appoint members of the Home Care and Assisted Living Advisory Council within 60 days of receiving a qualified applicant.
Supplemental Nursing Services Agency (SNSA) survey compliance
Chapter 95, Article 3, section 9 Modifies Minnesota Statutes, section 144A.72
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Effective date: July 1, 2026
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A registered supplemental nursing services agency must provide MDH with all documents the department needs for verification purposes.
Add facility correction plan and report card score to Uniform Disclosure of Assisted Living Services & Amenities (UDALSA)
Chapter 95, Article 3, section 15 Modifies Minnesota Statutes, section 144G.40
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Effective date: Aug. 1, 2027.
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An ALF must notify prospective residents that the facility's most recent plan of correction is available and the website for the Department of Human Services (DHS) and the Board on Aging assisted living report card.
Alternative to summoning device for certain residents
Chapter 95, Article 3; section 16, subdivision 1 (5) and section 17 Modifies Minnesota Statutes, section 144G.41
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Effective date: Aug. 1, 2026
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For any resident that cannot reliably use a summoning device an ALF must use person-centered strategies to meet the resident's needs and is not required to use a summoning device.
Medical emergency training for ALF staff
Chapter 95, Article 3; section 16, subdivision 1 (12) and 14-16 and sections 18, 20, and 21 Modifies Minnesota Statutes, sections 144G.41, 144G.60, and 144G.61
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July 1, 2026 – Section 16, subdivision 1 (12); section 20; and section 21, subdivision 2 (14)
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August 1, 2027 – Section 16, subdivision 1 (14) to (16); section 18; and section 21, subdivision 2 (15) to (20)
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An ALF shall ensure staff responsible for responding to the requests of residents for assistance with health or safety needs are trained and available 24/7. The facility must have policies and procedures in place and make them available to a resident or the resident's representative upon request. Adds five requirements to the training and competency evaluations for unlicensed personnel.
Vulnerable Adults Act (VAA) changes
Chapter 95, Article 7, sections 8 and 20 Modifies Minnesota Statutes, sections 626.557 and 626.5572
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Effective date: July 1, 2026
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The DHS system to accept maltreatment reports must be able to accept reports 24/7 (i.e. web-based reporting).
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Updates the definition of sexual abuse to include any non-therapeutic contact that would be considered a sexual act or any nonconsensual sexual interaction with a vulnerable adult.
MDH exemption for attorneys’ fees removed
Chapter 95, Article 9, section 1 Modifies Minnesota Statutes, section 15.471
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Effective date: July 1, 2026
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MDH’s exemption from paying attorneys’ fees in a contested court case involving licensure or reimbursement is removed.
Massage therapy and Asian bodywork therapy registration
Chapter 115, Article 3 Modifies Minnesota Statutes, sections 144.0572, 146A.06, and 146A.09 Creates new statutes, sections 148.636 through 148.6377
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Effective dates: Jan. 1, 2028 (for registration language)
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Section 1 requires criminal background checks for massage therapist and Asian bodywork therapist registrations.
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Section 2 requires the Office of Unlicensed Complementary and Alternative Health Care Practice to share with the MDH commissioner information on any unlicensed person practicing massage therapy or Asian bodywork therapy.
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Section 3 prohibits a massage therapist or Asian bodywork therapist with a suspended or revoked registration from practicing massage therapy or Asian bodywork therapy.
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Section 4 names the Minnesota Massage Therapy and Asian Bodywork Therapy Act.
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Section 5 establishes definitions, including “Asian bodywork therapy” and “Massage therapy.”
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Section 6 sets the duties of the MDH commissioner, including issuing registrations, adopting rules, assign advisory council duties, examination approval, enforcement, disciplinary action, and distributing information.
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Section 7 sets medical practice limits.
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Section 8 sets protected titles.
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Section 9 states the act does not impede on other health care providers scope of practice.
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Section 10 sets requirements for registration. What is the significance of July 1, 2031?
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Section 11 sets the requirements for registration renewal.
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Section 12 sets the requirements for application approval and denial.
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Section 13 sets grounds for disciplinary action.
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Section 14 sets the types of disciplinary action, disciplinary hearings, and reissuance of registration.
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Section 15 states what people and entities are allowed or mandated reporters of misconduct regarding massage therapy or Asian bodywork therapy.
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Section 16 provides immunity to any person or entity reporting misconduct in good faith from civil liability or criminal prosecution. Immunity does not apply to the registrant who committed the violation.
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Section 17 requires cooperation with any MDH investigation.
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Section 18 states, except for the commissioner's final decision, judicial review of disciplinary action in not public information.
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Section 19 states MDH licensure preempts municipal licensure and regulation.
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Section 20 creates a Massage Therapy Advisory Council, which does not expire.
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Section 21 sets fees for registration.
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Section 22 sets requirements for initial appointments to the Massage Therapy Advisory Council. The MDH commissioner must appoint by Jan. 1, 2027. The advisory council must convene by May 15, 2027. The advisory council chair will be elected at the first meeting.
Mortician internship updates
Chapter 115, Article 4, sections 1-3 Modifies Minnesota Statutes, sections 149A.02 and 149A.20
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Effective date: July 1, 2026
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Updates mortician internship requirements.
Mortician license by reciprocity update
Chapter 115, Article 4, section 4 Modifies Minnesota Statutes, section 149A.30
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Effective date: July 1, 2026
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Updates requirements granting a reciprocal mortician’s license for persons holding a current license or other credential from another jurisdiction.
Music Therapy license
Chapter 115, Article 5 Modifies Minnesota Statutes, section 144.0572 Creates new statutes, sections 148H.01 through 148H.16
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Effective date: Jan. 1, 2028
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Establishes a new Music therapy licensure to be effective Jan. 1, 2028.
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Section 1 requires criminal background checks for music therapy licensure.
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Section 2 establishes the scope of music therapists.
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Section 3 defines key terms.
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Section 4 establishes a music therapy advisory council, which does not expire.
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Section 5 sets medical practice limits, protected titles, and exempts certain other health care practitioners from the music therapy chapter.
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Section 6 sets licensure qualifications.
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Section 7 sets general licensure requirements.
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Section 8 sets general application procedures.
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Section 9 establishes temporary licensure.
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Section 10 establishes reciprocal licensure.
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Section 11 sets continuing education requirements.
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Section 12 establishes renewal of licensure requirements and process.
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Section 13 requires licensees who change their name or contact information must update MDH.
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Section 14 defines the practice of music therapy.
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Section 15 sets the review of client documentation and collaboration with other treating professionals by a music therapist.
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Section 16 sets the grounds for disciplinary action, investigation, and reissuance of licensure.
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Section 17 sets fees for licensure.
Home care license exemption for federally qualified health centers (FQHCs)
Chapter 121, Article 2, section 3 Modifies Minnesota Statutes, section 144A.471
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Effective date: May 28, 2026
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FQHCs are added to the list of individuals or organizations exempt from the requirement to obtain a home care provider license.
Colocation consideration for small ALFs (< 6 residents)
Chapter 121, Article 2, section 4 Modifies Minnesota Statutes, section 144G.15
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Effective date: July 1, 2026
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Before issuing a provisional license to a new or relocating ALF with a licensed resident capacity of six or fewer, MDH must consider colocation information of already licensed ALFs. MDH must not grant a provisional license if DHS determines colocation of a licensed ALF.
Right to appeal provisional ALF license
Chapter 121, Article 2, section 4 Modifies Minnesota Statutes, section 144G.15
The right of an applicant to appeal a denial by MDH of a provisional ALF is removed from Minnesota Statutes 2025, section 144G.15.
Notice to municipalities of licensure of small ALFs (< 6 residents)
Chapter 121, Article 2, section 5 Modifies Minnesota Statutes, section 144G.16
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Effective date: July 1, 2026
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When MDH issues a provisional license to an ALF with a licensed resident capacity of six or fewer MDH must notify the municipality where the small ALF is located the licensee’s name, facility address, license, resident capacity, and contact information.
Relocation of small ALFs (< 5 residents)
Chapter 121, Article 2, section 6 Modifies Minnesota Statutes, section 144G.195
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Effective date: July 1, 2026
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When receiving a request for relocation from an ALFs with five or fewer residents, MDH must request from DHS if a licensee complies with Minnesota Statutes section 245A.042, subdivision 7.
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A licensed ALF in the seven-county metro may not relocate out of the seven-county metro.
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A licensed ALF outside of the seven-county metro may not relocate more than two hours or 120 miles from the licensee's previous location. A licensed ALF outside of the seven-county metro may not relocate into the seven-county metro.
Delegating engineering authority for small ALFs (< 6 residents)
Chapter 121, Article 2, section 7 Modifies Minnesota Statutes, section 144G.45
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Effective date: July 1, 2026
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Allows MDH to delegate inspection of existing ALFs with licensed resident capacity of six or fewer to a county or local unit of government.
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Sets requirements of the county or local unit of government if delegated inspection authority.
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Requires MDH to ensure any delegated county or local unit of government complies with inspection authority of ALFs with licensed resident capacity of six or fewer. If not, MHD must immediately revoke delegation. MDH must review delegated counties or local units of government at least every four years.
Small ALF licensure work group (< 5 residents)
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Effective date: July 1, 2026
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Draft legislation due: Jan. 1, 2028
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The Commissioner of Health is required to convene an ALF work group to develop a new licensing category applicable to ALFs with a licensed resident capacity of five or fewer. The new license must account for health and safety requirements and practical realities of operating small ALFs that predominantly serve individuals receiving customized living services under the federally approved brain injury, community access for disability inclusion, and elderly waiver plans.
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The commissioner is required to develop draft legislative language for ALFs with a licensed resident capacity of five or fewer and submit the legislation to the Legislature by Jan. 1, 2028.
Maltreatment definition for financial abuse
Chapter 121, Article 4, section 12 Modifies Minnesota Statutes, section 245C.02
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Effective date: July 1, 2026
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Financial exploitation of a vulnerable adult (value of the funds or property $1,000 or greater) is part of the definition of serious maltreatment for the purposes of DHS background studies.
Psychiatric Residential Treatment Facilities (PRTF) lead investigators
Chapter 121, Article 4, section 34 and 35 Modifies Minnesota Statutes, sections 260E.14 and 626.5572
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Effective date: July 1, 2026
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MDH is the lead investigative agency for federally certified PRTFs.
Audiologist reciprocal licensing clarification
Chapter 127, Article 1, section 37-39 Modifies Minnesota Statutes, sections 148.517 and 148.5191
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Effective date: July 1, 2026
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An audiologist who applies for a reciprocal license must pass the practical exam required in Minnesota Statute, section 148.515, subd. 6. This was already current practice; statutory language was updated to reflect this requirement. References in statute to postmarks were deleted to allow for applications received online.
Refrigeration for dead bodies
Chapter 127, Article 1, section 40-42 Modifies Minnesota Statutes, sections 149A.91, 149A.94, and 149A.955
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Effective date: July 1, 2026
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Extends the time period from six to 14 days that a dead body may be kept in refrigeration from the time and release of the body from the place of death or the coroner or medical examiner.
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Changes the time from within “a reasonable time” to within “14 calendar days” for a dead body to be buried, entombed, alkaline hydrolyzed, cremated, or naturally reduced.
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A dead body awaiting natural organic reduction may be refrigerated for up to 14 days after receiving the body, if it cannot be placed in a vessel upon receipt. If a dead body does not start natural organic reduction within 14 days, the dead body must be buried or cremated within five days.
Contact information
For questions, please reach out to Matthew Collie at Matthew...@state.mn.us or call at (651) 201-4557.
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