2020 Session Ends Without Completing Its Work

Special Session Likely in June

COVID-19 related issues dominated Minnesota’s 2020 Legislative Session. When the first case of COVID-19 was confirmed in Minnesota in March, the Legislature moved from convening in-person to meeting virtually. While many pressing needs were put on hold due to the pandemic, the Legislature did pass into law the Alec Smith Emergency Insulin Program, the Prescription Drug Price Transparency Act, and measures for safe and secure elections. For the first five weeks, the Legislature worked in a bi-partisan manner to push through $550 million in funds for COVID-19 resources needed to save lives including expanded hospital capacity, increased testing, and personal protective equipment (PPE), and a plan to protect long-term care residents and facilities. The dire situation in long-term care settings called for swift action. AARP fought hard to ensure the rights of residents in long-term care facilities were protected and that staff had the testing and PPE necessary to prevent COVID infections.

In the end, the Legislature failed to accomplish their priority of a bonding bill for infrastructure projects which means a special session will likely be necessary. Unfortunately, the COVID-19 pandemic revealed significant economic security issues for older workers including a barrier in Minnesota’s Unemployment Insurance (UI) Law that deducts Social Security benefits from these critical benefits leaving many older workers without any UI benefits. AARP fought to repeal the law but ultimately was not successful in this session but will continue to advocate for its change. Thank you once again for all your emails, calls, and meetings with your lawmakers this legislative session.


Below is a summary of issues important to AARP:

The COVID-19 pandemic once again highlighted a critical need for stronger laws that protect the health and safety of residents in nursing homes and assisted living facilities. The death rate in these facilities and the lack of PPE and testing for employees and residents is unacceptable. AARP fought hard for measures and continue to do so that would:

• Required the names of facilities with confirmed COVID-19 cases be made public;
• Provide more testing and PPE for staff and residents along with increased staffing levels;
• Require virtual visitation for residents and families and the right to place electronic monitoring devices during the pandemic which is already allowed under a new law in passed in 2019;
• Protection for residents being discharged or transferred from one facility to another; and
• Require proactive communication to the primary caregiver of nursing home and assisted living residents.

Assisted Living Licensure and Resident Rights Not Delayed at Close of Session
In 2019, AARP fought for and won critical protections for older adults in long-term care facilities. In the midst of the pandemic, the Minnesota Department of Health due to the redeployment of staff asked the Legislature to delay the implementation of these protections and accompanying assisted living licensure requirements scheduled to go into effect in August 2021 until August 2022. While AARP has serious concerns with the licensure delay, we urged the Legislature and the Governor to maintain the effective date for the other critical resident rights passed into law last year such as protections against arbitrary discharges. At the close of the regular session, no action was taken to delay either the licensing or the rights. AARP will monitor this issue during special session and continue to advocate for maintaining the rights if licensure delay is agreed upon.

AARP Opposes COVID-19 Criminal, Civil, and Administrative Immunity
AARP has long fought for the rights of residents in nursing homes and other residential care facilities and to ensure their health, safety, quality of care, and quality of life. This includes the right of residents and their families to seek legal redress through the courts to hold facilities accountable when residents are harmed, neglected, or abused. For this reason, AARP strongly opposed a bill that would have given care facilities immunity from lawsuits related to COVID-19. While there may be some circumstances beyond facilities’ control for which they should not be held accountable, it is essential that they remain responsible for any negligent actions to ensure long-term care residents have some protection and opportunity for redress. Fortunately, this bill did not pass the Senate and was never heard in the House but we will watch for the issue if it resurfaces in the special session.

Older Workers Penalized by Minnesota’s Unemployment Insurance Law
AARP MN worked to change a law that unfairly penalizes older workers. We heard from many of you that Minnesota is just one of a few states that reduces or eliminates altogether unemployment insurance benefits (UI) for people who are also drawing Social Security benefits. This law adversely impacts many older workers who need to work to supplement their Social Security benefits. Additionally, the loss of unemployment benefits means older workers are also ineligible for the additional federal $600 weekly benefits under UI that were designed to help people if the economy doesn’t recover as quickly. Introduced late in the legislative session, the bill did not pass the legislature but AARP will continue to advocate for repealing this barrier and making it retroactive so older workers can qualify for UI. Calls are needed for lawmakers to fix this problem in the special session.

The high cost of prescription drugs is quickly outpacing all other consumer products and raising the rates for health care premiums. AARP fought for policies that would hold drugmakers accountable and make prescription drugs more affordable for Minnesotans including:

Bi-partisan Prescription Drug Price Transparency Bill Becomes Law
After two years of negotiations, lobbying and grassroots mobilization, the Minnesota Legislature passed with overwhelming bi-partisan support the Prescription Drug Price Transparency bill and was signed into law by the Governor. The bill requires drug manufacturers to report and publicly disclose by October 2021 the factors associated with drug price increases for new drugs, existing drugs, and recently acquired drugs that have increased above the thresholds established in law. AARP took the lead in forming the coalition that included consumer groups, insurance companies, and HMO’s along with labor and employer groups. Thank you advocates for urging lawmakers to pass this law.


Alec Smith Emergency Insulin Act Finally Passes
The Minnesota Legislature passed the Alec Smith Emergency Insulin Fund after two years of negotiation. The final bill creates a 30-day emergency supply, as well as a longer-term 90-day program, for diabetics unable to afford insulin. It also allows Medicare enrollees to participate in the program. How to finance the program was a point of contention between Democrats who wanted drug manufacturers to pay for the program through licensing fees and Republicans who wanted to use existing patient assistance programs and general fund dollars to fund the program. AARP's research shows inconsistencies and gaps in patient assistance programs, especially for Medicare patients. The final bill requires drug manufacturers to provide insulin to pharmacies at no cost and are assessed penalties for non-compliance.

Prescription Drug Affordability Commission Hearings Delayed
For a second year, AARP urged the Legislature to pass a bill that would establish a Prescription Drug Affordability Commission charged with evaluating drug prices and setting limits on how much certain payers, including state agencies, pay for high-cost prescription drugs. The bill had bipartisan support but due to the pandemic, hearings were not scheduled and the bill did not pass. AARP will continue to advocate for a Commission in 2021.

AARP MN urged Minnesota’s Legislature to establish and enforce uniform standards to safeguard the integrity of the election process during and after the pandemic including allowing for mail-in balloting during the August Statewide Primary and November General Elections. The legislature passed and Governor Walz signed in to law a heavily negotiated bill that:

• Appropriates Help America Vote Act funds to increase cybersecurity, acquire new polling technologies, and provide sanitation, safety, and hygienic supplies for poll workers such as personal protective equipment, hand sanitizer, and signs for social distancing;
• Allows local officials more time to designate new polling places which allows them to relocated polling places from vulnerable locations such as nursing homes and senior centers;
• Extends the period to process absentee ballots up to 14 days before an election and 2 days after allowing election officials more time to process an expected increase in absentee ballots; and
• Allows health care workers to be trained and deputized to administer absentee ballots in health care facilities.

The bill does not allow for mail-in balloting beyond Minnesota’s current no excuse, absentee ballot system. AARP is urging the Governor to issue an Executive Order to ensure upcoming elections are conducted in a manner that protects the health and safety of voters while strengthening access to voting and protecting our fundamental right to vote.


For more information on these issues or to get involved, contact Erin Parrish at eparrish@aarp.org or 651-726-5644.