Open Letter to Governor Mark Dayton on ElderCare Protections

On behalf of tens of thousands of Minnesota caregivers and the seniors to whom they
provide compassionate care and support each and every day, we ask Governor Dayton to
sign Senate File 3656 and take an important first step toward permanently preventing
maltreatment of older adults.

The bill that was adopted by both houses of the legislature addresses maltreatment by
improving prevention, providing more transparency for families and caregivers, enhancing
rights for consumers and their families and holding abusers more accountable under the
law. As examples, it adds electronic monitoring to the Home Care Bill of Rights, requires
public disclosure of both substantiated maltreatment reports and the state’s progress in
investigating complaints, it establishes new requirements for termination of
services/leases, including the right of appeal and provides new fines for providers that
violate the rights of older adults and the licensing requirements of the state.

The bill also creates processes and timelines to address three critical issues over the
summer and fall: establishing standards and proven practices to prevent maltreatment;
developing an assisted living license licensing and a public report card system for assisted
living; and creating enhanced standards for dementia care. This work will involve all
stakeholders – regulators, families, caregivers and other experts in the field of caring for
older adults.

Many interested individuals and organizations provided input into this bill. Its provisions
include proposals for addressing maltreatment that came from the Elder Abuse Coalition,
the Office of the Legislative Auditor, Governor Dayton’s office, the Minnesota Department of
Health and the professionals who care for older Minnesotans in nursing homes and
assisted living facilities. Like any other important issue at the Capitol, the bill moves
quickly in some areas and cautiously in the areas that require more funding, study or
collaboration than an even-year session can offer.

As we move forward, it is important that all stakeholders focus less on what divides us, and
more on how we can work together to prevent maltreatment. No one of us has all the
answers for how to prevent maltreatment but elders, families, caregivers and regulators
working together can ensure safe, quality care for all Minnesotans. The Star Tribune series
exposed troubling issues – we should use SF 3656 to continue down the road toward
preventing maltreatment, and stop only when we are sure that no similar article will ever
need to be published again.
This year, 60,000 more Minnesotans will turn 65. Another 60,000 will turn 65 next year.
And this trend will continue for at least another dozen years. If we want to ensure the best
care for all of our loved ones, we need to find, train and retain another 25,000 caregivers.
Once they are hired, we need to make sure they have the tools they need to prevent
maltreatment, but also identify and report abuse when it occurs. SF 3656 is an important
step toward meeting the goal of the best possible care for every older Minnesotan.

Gayle Kvenvold, Patti Cullen,

President/CEO, LeadingAge MN President/CEO, Care Providers of Minnesota
Gkvenvold@leadingagemn.org Pcullen@careproviders.org

Cc: Commissioner of Health Jan Malcolm

State Legislators