144G.19 TRANSFER OF LICENSE PROHIBITED.

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Subdivision 1. Transfers prohibited.

An assisted living facility license may not be transferred to another party.

Subd. 2. New license required.

(a)A prospective licensee must apply for a license prior to operating a currently licensed assisted living facility. The new license, if issued, shall not be a provisional license. The licensee must change whenever one of the following events occur:

(1)the form of the licensee's legal entity structure is converted or changed to a different type of legal entity structure;

(2)the licensee dissolves, consolidates, or merges with another legal organization and the licensee's legal organization does not survive;

(3)within the previous 24 months, 50 percent or more of the licensee is transferred, whether by a single transaction or multiple transactions, to:

(i)a different person; or

(ii)a person who had less than a five percent ownership interest in the facility at the time of the first transaction; or

(4)any other event or combination of events that results in a substitution, elimination, or withdrawal of the licensee's responsibility for the facility.

(b)The prospective licensee must provide written notice to the department at least 60 calendar days prior to the anticipated date of the change of licensee.

Subd. 3. Survey required.

For all new licensees after a change of ownership, the commissioner shall complete a survey within six months after the new license is issued.

Subd. 4. Change of licensee.

Notwithstanding any other provision of law, a change of licensee under subdivision 2 does not require the facility to meet the design requirements of section 144G.45, subdivisions 4 to 6, or 144G.81, subdivision 3 .

Subd. 5. Change of ownership; existing contracts.

Following a change of ownership, the new licensee must honor the terms of an assisted living contract in effect at the time of the change of ownership until the end of the contract term.