The Minnesota Department of Human Services has received questions about the recent change to meal policies for residents in assisted living facilities. Minnesota Statutes, Section 144G.41, Subd. 1(13)(i)(C), which sets minimum assisted living facility requirements, states that “the facility cannot require a resident to include and pay for meals in their contract.”
However, Housing Support providers are required to ensure provision of “food preparation and service for three nutritional meals a day on-site,” according to Minnesota Statutes, Section 256I.04, Subd. 2f. Providers meet this requirement in a variety of ways depending on the characteristics of their Housing Support program.
If a Housing Support recipient opts out of the existing meal plan for their assisted living stay, that does not relieve the provider of their responsibility under the Housing Support Agreement. Opting out does not change the benefit, and the provider continues to be responsible for ensuring provision of three nutritious meals a day. However, if a recipient opts out of the meal plan, the department will not require providers to fulfill the Housing Support agreement requirement to verify the amount spent on food.
In addition, recipients may think that declining a meal plan will increase their Housing Support benefit. It will not. It is important that Housing Support providers and case managers clarify with residents that opting out of a meal plan will not result in any change to their benefits, nor will it result in residents receiving the cash value of the food portion of the Housing Support benefit.
In some situations, a person may be eligible for the Supplemental Nutrition Assistance Program (SNAP). If needed, a provider or case manager can assist the person in applying for SNAP before the client makes the decision to opt out of the provider’s meal plan. That way, they can choose to opt-out of the facility’s meal plan if and when they know they have an alternate food resource.