Bill Text: MN HF2379 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to human services; providing an exemption from a licensing moratorium;
1.3establishing certification requirements; amending Minnesota Statutes 2010,
1.4section 245A.03, by adding a subdivision; Minnesota Statutes 2011 Supplement,
1.5section 245A.03, subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a
1.8subdivision to read:
1.9 Subd. 6a. Adult foster care homes serving people with mental illness;
1.10certification. (a) The commissioner of human services shall develop a certification
1.11process for adult foster care homes licensed under this chapter and Minnesota Rules, parts
1.129555.5105 to 9555.6265, that serve people with mental illness where the home is not the
1.13primary residence of the license holder. When an adult foster care license holder becomes
1.14certified, the certification shall be included in the license information. The certification
1.15process shall be developed with input from advocates, mental health professionals, and
1.16adult foster care providers.
1.17(b) As part of the certification process, the commissioner shall require that:
1.18(1) staff working in the adult foster care home receive training on the following
1.19topics:
1.20(i) mental health diagnoses;
1.21(ii) mental health crisis response and de-escalation techniques;
1.22(iii) recovery from mental illness;
1.23(iv) treatment options including evidence-based practices;
1.24(v) medications and their side effects;
1.25(vi) co-occurring substance abuse and health conditions; and
2.1(vii) other topics as determined by the commissioner; and
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18,
2.3provides oversight of the adult foster care home.
2.4(c) The commissioner shall develop certification requirements by January 1, 2013.
2.5 Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
2.6amended to read:
2.7 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
2.8initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2.92960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
2.109555.6265, under this chapter for a physical location that will not be the primary residence
2.11of the license holder for the entire period of licensure. If a license is issued during this
2.12moratorium, and the license holder changes the license holder's primary residence away
2.13from the physical location of the foster care license, the commissioner shall revoke the
2.14license according to section245A.07 . Exceptions to the moratorium include:
2.15(1) foster care settings that are required to be registered under chapter 144D;
2.16(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
2.17and determined to be needed by the commissioner under paragraph (b);
2.18(3) new foster care licenses determined to be needed by the commissioner under
2.19paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
2.20restructuring of state-operated services that limits the capacity of state-operated facilities;
2.21(4) new foster care licenses determined to be needed by the commissioner under
2.22paragraph (b) for persons requiring hospital level care; or
2.23(5) new foster care licenses determined to be needed by the commissioner for the
2.24transition of people from personal care assistance to the home and community-based
2.25services.
2.26(b) The commissioner shall determine the need for newly licensed foster care homes
2.27as defined under this subdivision. As part of the determination, the commissioner shall
2.28consider the availability of foster care capacity in the area in which the licensee seeks to
2.29operate, and the recommendation of the local county board. The determination by the
2.30commissioner must be final. A determination of need is not required for a change in
2.31ownership at the same address.
2.32 (c) Residential settings that would otherwise be subject to the moratorium established
2.33in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.34of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
3.1or child foster care license. For this paragraph, all of the following conditions must be met
3.2to be considered in the process of receiving an adult or child foster care license:
3.3 (1) participants have made decisions to move into the residential setting, including
3.4documentation in each participant's care plan;
3.5 (2) the provider has purchased housing or has made a financial investment in the
3.6property;
3.7 (3) the lead agency has approved the plans, including costs for the residential setting
3.8for each individual;
3.9 (4) the completion of the licensing process, including all necessary inspections, is
3.10the only remaining component prior to being able to provide services; and
3.11 (5) the needs of the individuals cannot be met within the existing capacity in that
3.12county.
3.13To qualify for the process under this paragraph, the lead agency must submit
3.14documentation to the commissioner by August 1, 2009, that all of the above criteria are
3.15met.
3.16(d) The commissioner shall study the effects of the license moratorium under this
3.17subdivision and shall report back to the legislature by January 15, 2011. This study shall
3.18include, but is not limited to the following:
3.19(1) the overall capacity and utilization of foster care beds where the physical location
3.20is not the primary residence of the license holder prior to and after implementation
3.21of the moratorium;
3.22(2) the overall capacity and utilization of foster care beds where the physical
3.23location is the primary residence of the license holder prior to and after implementation
3.24of the moratorium; and
3.25(3) the number of licensed and occupied ICF/MR beds prior to and after
3.26implementation of the moratorium.
3.27(e) When a foster care recipient moves out of a foster home that is not the primary
3.28residence of the license holder according to section256B.49, subdivision 15 , paragraph
3.29(f), the county shall immediately inform the Department of Human Services Licensing
3.30Division, and the department shall immediately decrease the licensed capacity for the
3.31home. A decreased licensed capacity according to this paragraph is not subject to appeal
3.32under this chapter.
3.33(f) Residential settings that would otherwise be subject to the decreased license
3.34capacity established in paragraph (e) shall be exempt under the following circumstances:
3.35(1) the license holder is:
4.1(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
4.2health services (ARMHS) as defined in section 256B.0623;
4.3(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
4.49520.0870;
4.5(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
4.69520.0870; or
4.7(iv) a provider of intensive residential treatment services (IRTS) licensed under
4.8Minnesota Rules, parts 9520.0500 to 9520.0670; or
4.9(2) the license holder is certified under the requirements in subdivision 6a.
1.3establishing certification requirements; amending Minnesota Statutes 2010,
1.4section 245A.03, by adding a subdivision; Minnesota Statutes 2011 Supplement,
1.5section 245A.03, subdivision 7.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a
1.8subdivision to read:
1.9 Subd. 6a. Adult foster care homes serving people with mental illness;
1.10certification. (a) The commissioner of human services shall develop a certification
1.11process for adult foster care homes licensed under this chapter and Minnesota Rules, parts
1.129555.5105 to 9555.6265, that serve people with mental illness where the home is not the
1.13primary residence of the license holder. When an adult foster care license holder becomes
1.14certified, the certification shall be included in the license information. The certification
1.15process shall be developed with input from advocates, mental health professionals, and
1.16adult foster care providers.
1.17(b) As part of the certification process, the commissioner shall require that:
1.18(1) staff working in the adult foster care home receive training on the following
1.19topics:
1.20(i) mental health diagnoses;
1.21(ii) mental health crisis response and de-escalation techniques;
1.22(iii) recovery from mental illness;
1.23(iv) treatment options including evidence-based practices;
1.24(v) medications and their side effects;
1.25(vi) co-occurring substance abuse and health conditions; and
2.1(vii) other topics as determined by the commissioner; and
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18,
2.3provides oversight of the adult foster care home.
2.4(c) The commissioner shall develop certification requirements by January 1, 2013.
2.5 Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
2.6amended to read:
2.7 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
2.8initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2.92960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
2.109555.6265, under this chapter for a physical location that will not be the primary residence
2.11of the license holder for the entire period of licensure. If a license is issued during this
2.12moratorium, and the license holder changes the license holder's primary residence away
2.13from the physical location of the foster care license, the commissioner shall revoke the
2.14license according to section
2.15(1) foster care settings that are required to be registered under chapter 144D;
2.16(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
2.17and determined to be needed by the commissioner under paragraph (b);
2.18(3) new foster care licenses determined to be needed by the commissioner under
2.19paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
2.20restructuring of state-operated services that limits the capacity of state-operated facilities;
2.21(4) new foster care licenses determined to be needed by the commissioner under
2.22paragraph (b) for persons requiring hospital level care; or
2.23(5) new foster care licenses determined to be needed by the commissioner for the
2.24transition of people from personal care assistance to the home and community-based
2.25services.
2.26(b) The commissioner shall determine the need for newly licensed foster care homes
2.27as defined under this subdivision. As part of the determination, the commissioner shall
2.28consider the availability of foster care capacity in the area in which the licensee seeks to
2.29operate, and the recommendation of the local county board. The determination by the
2.30commissioner must be final. A determination of need is not required for a change in
2.31ownership at the same address.
2.32 (c) Residential settings that would otherwise be subject to the moratorium established
2.33in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.34of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
3.1or child foster care license. For this paragraph, all of the following conditions must be met
3.2to be considered in the process of receiving an adult or child foster care license:
3.3 (1) participants have made decisions to move into the residential setting, including
3.4documentation in each participant's care plan;
3.5 (2) the provider has purchased housing or has made a financial investment in the
3.6property;
3.7 (3) the lead agency has approved the plans, including costs for the residential setting
3.8for each individual;
3.9 (4) the completion of the licensing process, including all necessary inspections, is
3.10the only remaining component prior to being able to provide services; and
3.11 (5) the needs of the individuals cannot be met within the existing capacity in that
3.12county.
3.13To qualify for the process under this paragraph, the lead agency must submit
3.14documentation to the commissioner by August 1, 2009, that all of the above criteria are
3.15met.
3.16(d) The commissioner shall study the effects of the license moratorium under this
3.17subdivision and shall report back to the legislature by January 15, 2011. This study shall
3.18include, but is not limited to the following:
3.19(1) the overall capacity and utilization of foster care beds where the physical location
3.20is not the primary residence of the license holder prior to and after implementation
3.21of the moratorium;
3.22(2) the overall capacity and utilization of foster care beds where the physical
3.23location is the primary residence of the license holder prior to and after implementation
3.24of the moratorium; and
3.25(3) the number of licensed and occupied ICF/MR beds prior to and after
3.26implementation of the moratorium.
3.27(e) When a foster care recipient moves out of a foster home that is not the primary
3.28residence of the license holder according to section
3.29(f), the county shall immediately inform the Department of Human Services Licensing
3.30Division, and the department shall immediately decrease the licensed capacity for the
3.31home. A decreased licensed capacity according to this paragraph is not subject to appeal
3.32under this chapter.
3.33(f) Residential settings that would otherwise be subject to the decreased license
3.34capacity established in paragraph (e) shall be exempt under the following circumstances:
3.35(1) the license holder is:
4.1(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
4.2health services (ARMHS) as defined in section 256B.0623;
4.3(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
4.49520.0870;
4.5(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
4.69520.0870; or
4.7(iv) a provider of intensive residential treatment services (IRTS) licensed under
4.8Minnesota Rules, parts 9520.0500 to 9520.0670; or
4.9(2) the license holder is certified under the requirements in subdivision 6a.
