Bill Text: MN HF2379 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Adult foster care home certification requirements established.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-04-23 - House rule 1.21, placed on Calendar for the Day [HF2379 Detail]
Download: Minnesota-2011-HF2379-Engrossed.html
1.2relating to human services; establishing certification requirements for adult foster
1.3care homes; amending Minnesota Statutes 2010, section 245A.03, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a
1.7subdivision to read:
1.8 Subd. 6a. Adult foster care homes serving people with mental illness;
1.9certification. (a) The commissioner of human services shall issue a mental health
1.10certification for adult foster care homes licensed under this chapter and Minnesota Rules,
1.11parts 9555.5105 to 9555.6265, that serve people with mental illness where the home is not
1.12the primary residence of the license holder when a provider is determined to have met
1.13the requirements under paragraph (b). The certification shall be printed on the license,
1.14and identified on the commissioner's public Web site. This certification is voluntary for
1.15license holders.
1.16(b) The requirements for certification are:
1.17(1) all staff working in the adult foster care home have received at least seven hours
1.18of annual training covering all of the following topics:
1.19(i) mental health diagnoses;
1.20(ii) mental health crisis response and de-escalation techniques;
1.21(iii) recovery from mental illness;
1.22(iv) treatment options including evidence-based practices;
1.23(v) medications and their side effects;
1.24(vi) co-occurring substance abuse and health conditions; and
2.1(vii) community resources; and
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
2.3mental health practitioner as defined in section 245.462, subdivision 17, is available
2.4for consultation and assistance;
2.5(3) there is a plan and protocol in place to address a mental health crisis; and
2.6(4) each individual's Individual Placement Agreement identifies who is providing
2.7clinical services and their contact information, and includes an individual crisis prevention
2.8and management plan developed with the individual.
2.9(c) License holders seeking certification under this subdivision must request this
2.10certification on forms provided by the commissioner and must submit the request to the
2.11county licensing agency in which the home is located. The county licensing agency must
2.12forward the request to the commissioner with a county recommendation regarding whether
2.13the commissioner should issue the certification.
2.14(d) Ongoing compliance with the certification requirements under paragraph (b)
2.15shall be reviewed by the county licensing agency at each licensing review. When a county
2.16licensing agency determines that the requirements of paragraph (b) are not met, the county
2.17shall inform the commissioner and the commissioner will remove the certification.
2.18(e) A denial of the certification or the removal of the certification based on a
2.19determination that the requirements under paragraph (b) have not been met by the adult
2.20foster care license holder are not subject to appeal. A license holder that has been denied a
2.21certification or that has had a certification removed may again request certification when
2.22the license holder is in compliance with the requirements of paragraph (b).
1.3care homes; amending Minnesota Statutes 2010, section 245A.03, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a
1.7subdivision to read:
1.8 Subd. 6a. Adult foster care homes serving people with mental illness;
1.9certification. (a) The commissioner of human services shall issue a mental health
1.10certification for adult foster care homes licensed under this chapter and Minnesota Rules,
1.11parts 9555.5105 to 9555.6265, that serve people with mental illness where the home is not
1.12the primary residence of the license holder when a provider is determined to have met
1.13the requirements under paragraph (b). The certification shall be printed on the license,
1.14and identified on the commissioner's public Web site. This certification is voluntary for
1.15license holders.
1.16(b) The requirements for certification are:
1.17(1) all staff working in the adult foster care home have received at least seven hours
1.18of annual training covering all of the following topics:
1.19(i) mental health diagnoses;
1.20(ii) mental health crisis response and de-escalation techniques;
1.21(iii) recovery from mental illness;
1.22(iv) treatment options including evidence-based practices;
1.23(v) medications and their side effects;
1.24(vi) co-occurring substance abuse and health conditions; and
2.1(vii) community resources; and
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
2.3mental health practitioner as defined in section 245.462, subdivision 17, is available
2.4for consultation and assistance;
2.5(3) there is a plan and protocol in place to address a mental health crisis; and
2.6(4) each individual's Individual Placement Agreement identifies who is providing
2.7clinical services and their contact information, and includes an individual crisis prevention
2.8and management plan developed with the individual.
2.9(c) License holders seeking certification under this subdivision must request this
2.10certification on forms provided by the commissioner and must submit the request to the
2.11county licensing agency in which the home is located. The county licensing agency must
2.12forward the request to the commissioner with a county recommendation regarding whether
2.13the commissioner should issue the certification.
2.14(d) Ongoing compliance with the certification requirements under paragraph (b)
2.15shall be reviewed by the county licensing agency at each licensing review. When a county
2.16licensing agency determines that the requirements of paragraph (b) are not met, the county
2.17shall inform the commissioner and the commissioner will remove the certification.
2.18(e) A denial of the certification or the removal of the certification based on a
2.19determination that the requirements under paragraph (b) have not been met by the adult
2.20foster care license holder are not subject to appeal. A license holder that has been denied a
2.21certification or that has had a certification removed may again request certification when
2.22the license holder is in compliance with the requirements of paragraph (b).
