Bill Text: MN HF892 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Set-aside requirements modified, requirements placed on the commissioner when establishing rate setting methodology, and commissioner instructed to eliminate duplicative and outdated standards.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-09 - Author added Peterson, S. [HF892 Detail]
Download: Minnesota-2011-HF892-Introduced.html
1.2relating to human services; modifying set-aside requirements in certain
1.3circumstances; placing requirements on the commissioner when establishing
1.4rate setting methodology; instructing the commissioner to eliminate duplicative
1.5and outdated standards; amending Minnesota Statutes 2010, sections 245A.11,
1.6subdivision 2a; 245B.07, subdivision 1; 245C.04, subdivisions 1, 6; 245C.05,
1.7subdivision 7; 245C.17, subdivision 2; 245C.22, subdivision 5; 256B.4912,
1.8subdivision 2; 256D.44, subdivision 5; Laws 2009, chapter 79, article 8, section
1.981.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to
1.12read:
1.13 Subd. 2a. Adult foster care license capacity. (a) The commissioner shall issue
1.14adult foster care licenses with a maximum licensed capacity of four beds, including
1.15nonstaff roomers and boarders, except that the commissioner may issue a license with a
1.16capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).
1.17(b) An adult foster care license holder may have a maximum license capacity of five
1.18if all persons in care are age 55 or over and do not have a serious and persistent mental
1.19illness or a developmental disability.
1.20(c) The commissioner may grant variances to paragraph (b) to allow a foster care
1.21provider with a licensed capacity of five persons to admit an individual under the age of 55
1.22if the variance complies with section245A.04, subdivision 9 , and approval of the variance
1.23is recommended by the county in which the licensed foster care provider is located.
1.24(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
1.25bed for emergency crisis services for a person with serious and persistent mental illness
1.26or a developmental disability, regardless of age, if the variance complies with section
2.1245A.04, subdivision 9
, and approval of the variance is recommended by the county in
2.2which the licensed foster care provider is located.
2.3(e)If the 2009 legislature adopts a rate reduction that impacts providers of adult
2.4foster care services, The commissioner may issue an adult foster care license with a
2.5capacity of five adults if the fifth bed does not increase the overall statewide capacity of
2.6licensed adult foster care beds in homes that are not the primary residence of the license
2.7holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan
2.8submitted to the commissioner by the county, when the capacity is recommended by
2.9the county licensing agency of the county in which the facility is located and if the
2.10recommendation verifies that:
2.11(1) the facility meets the physical environment requirements in the adult foster
2.12care licensing rule;
2.13(2) the five-bed living arrangement is specified for each resident in the resident's:
2.14(i) individualized plan of care;
2.15(ii) individual service plan under section256B.092, subdivision 1b , if required; or
2.16(iii) individual resident placement agreement under Minnesota Rules, part
2.179555.5105, subpart 19, if required;
2.18(3) the license holder obtains written and signed informed consent from each
2.19resident or resident's legal representative documenting the resident's informed choice to
2.20living in the home and that the resident's refusal to consent would not have resulted in
2.21service termination; and
2.22(4) the facility was licensed for adult foster care before March 1, 2009.
2.23(f) The commissioner shall not issue a new adult foster care license under paragraph
2.24(e) after June 30,2011 2013. The commissioner shall allow a facility with an adult foster
2.25care license issued under paragraph (e) before June 30, 2011, to continue with a capacity of
2.26five adults if the license holder continues to comply with the requirements in paragraph (e).
2.27 Sec. 2. Minnesota Statutes 2010, section 245B.07, subdivision 1, is amended to read:
2.28 Subdivision 1. Consumer data file. The license holder must maintain the following
2.29information for each consumer:
2.30(1) identifying information that includes date of birth, medications, legal
2.31representative, history, medical, and other individual-specific information, and names and
2.32telephone numbers of contacts;
2.33(2) consumer health information, including individual medication administration
2.34and monitoring information;
2.35(3) the consumer's individual service plan.;
3.1(i) when a consumer's case manager does not provide a current individual service
3.2plan, the license holder shall make a written request to the case manager to provide a
3.3copy of the individual service plan and inform the consumer or the consumer's legal
3.4representative of the right to an individual service plan and the right to appeal under
3.5section256.045 ;
3.6(ii) in the event the case manager fails to provide an individual service plan after
3.7a written request from the license holder, the license holder shall not be sanctioned or
3.8penalized financially for not having a current individual service plan in the consumer's
3.9data file;
3.10(4) copies of assessments, analyses, summaries, and recommendations;
3.11(5) progress review reports;
3.12(6) incidents involving the consumer;
3.13(7) reports required under section245B.05, subdivision 7 ;
3.14(8) discharge summary, when applicable;
3.15(9) record of other license holders serving the consumer that includes a contact
3.16person and telephone numbers, services being provided, services that require coordination
3.17between two license holders, and name of staff responsible for coordination;
3.18(10) information about verbal aggression directed at the consumer by another
3.19consumer; and
3.20(11) information about self-abuse.
3.21 Sec. 3. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
3.22 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
3.23background study of an individual required to be studied under section245C.03,
3.24subdivision 1 , at least upon application for initial license for all license types.
3.25 (b) The commissioner shall conduct a background study of an individual required
3.26to be studied under section245C.03, subdivision 1 , at reapplication for a license for
3.27family child care.
3.28 (c) The commissioner is not required to conduct a study of an individual at the time
3.29of reapplication for a license if the individual's background study was completed by the
3.30commissioner of human services for an adult foster care license holder that is also:
3.31 (1) registered under chapter 144D; or
3.32 (2) licensed to provide home and community-based services to people with
3.33disabilities at the foster care location and the license holder does not reside in the foster
3.34care residence; and
3.35 (3) the following conditions are met:
4.1 (i) a study of the individual was conducted either at the time of initial licensure or
4.2when the individual became affiliated with the license holder;
4.3 (ii) the individual has been continuously affiliated with the license holder since
4.4the last study was conducted; and
4.5 (iii) the last study of the individual was conducted on or after October 1, 1995.
4.6 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
4.7conduct a study of an individual required to be studied under section245C.03 , at the
4.8time of reapplication for a child foster care license. The county or private agency shall
4.9collect and forward to the commissioner the information required under section245C.05 ,
4.10subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
4.11study conducted by the commissioner of human services under this paragraph must
4.12include a review of the information required under section245C.08, subdivisions 1 ,
4.13paragraph (a), clauses (1) to (5), 3, and 4.
4.14 (e) The commissioner of human services shall conduct a background study of an
4.15individual specified under section245C.03, subdivision 1 , paragraph (a), clauses (2)
4.16to (6), who is newly affiliated with a child foster care license holder. The county or
4.17private agency shall collect and forward to the commissioner the information required
4.18under section245C.05, subdivisions 1 and 5. The background study conducted by the
4.19commissioner of human services under this paragraph must include a review of the
4.20information required under section245C.08, subdivisions 1 , 3, and 4.
4.21 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
4.22paragraph (c), the commissioner shall conduct a study of an individual required to
4.23be studied under section245C.03 at the time of reapplication for an adult foster care
4.24or family adult day services license: (1) the county shall collect and forward to the
4.25commissioner the information required under section245C.05, subdivision 1 , paragraphs
4.26(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
4.27by the commissioner for all family adult day services and for adult foster care when
4.28the adult foster care license holder resides in the adult foster care or family adult day
4.29services residence; (2) the license holder shall collect and forward to the commissioner
4.30the information required under section245C.05, subdivisions 1 , paragraphs (a) and (b);
4.31and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
4.32adult foster care when the license holder does not reside in the adult foster care residence;
4.33and (3) the background study conducted by the commissioner under this paragraph must
4.34include a review of the information required under section245C.08, subdivision 1 ,
4.35paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
5.1(g) The commissioner shall conduct a background study of an individual specified
5.2under section245C.03, subdivision 1 , paragraph (a), clauses (2) to (6), who is newly
5.3affiliated with an adult foster care or family adult day services license holder: (1) the
5.4county shall collect and forward to the commissioner the information required under
5.5section245C.05, subdivision 1 , paragraphs (a) and (b), and subdivision 5, paragraphs (a)
5.6and (b), for background studies conducted by the commissioner for all family adult day
5.7services and for adult foster care when the adult foster care license holder resides in
5.8the adult foster care residence; (2) the license holder shall collect and forward to the
5.9commissioner the information required under section245C.05, subdivisions 1 , paragraphs
5.10(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
5.11commissioner for adult foster care when the license holder does not reside in the adult
5.12foster care residence; and (3) the background study conducted by the commissioner under
5.13this paragraph must include a review of the information required under section245C.08,
5.14subdivision 1 , paragraph (a), and subdivisions 3 and 4.
5.15(h) Applicants for licensure, license holders, and other entities as provided in this
5.16chapter must submit completed background study forms to the commissioner before
5.17individuals specified in section245C.03, subdivision 1 , begin positions allowing direct
5.18contact in any licensed program.
5.19 (i) A license holder mustprovide the commissioner notice initiate a new background
5.20study through the commissioner's online background study systemor through a letter
5.21mailed to the commissioner when:
5.22 (1) an individual returns to a position requiring a background study following an
5.23absence of45 90 or more consecutive days; or
5.24 (2) a program that discontinued providing licensed direct contact services for45 90
5.25or more consecutive days begins to provide direct contact licensed services again.
5.26The license holder shall maintain a copy of the notification provided to the
5.27commissioner under this paragraph in the program's files. If an individual's disqualification
5.28was previously set aside for the license holder's program and the new background study
5.29results in no new information that indicates the individual may pose a risk of harm to
5.30persons receiving services from the license holder, the previous set-aside shall remain
5.31in effect.
5.32 (j) For purposes of this section, a physician licensed under chapter 147 is considered
5.33to be continuously affiliated upon the license holder's receipt from the commissioner of
5.34health or human services of the physician's background study results.
5.35 Sec. 4. Minnesota Statutes 2010, section 245C.04, subdivision 6, is amended to read:
6.1 Subd. 6. Unlicensed home and community-based waiver providers of service to
6.2seniors and individuals with disabilities. (a) Providers required to initiate background
6.3studies under section256B.4912 must initiate a study before the individual begins in a
6.4position allowing direct contact with persons served by the provider.
6.5(b)The commissioner shall conduct Except as provided in paragraph (c), the
6.6providers must initiate a background study annually of an individual required to be studied
6.7under section245C.03, subdivision 6 .
6.8(c) After an initial background study under this subdivision is initiated on an
6.9individual by a provider of both services licensed by the commissioner of human services
6.10and the unlicensed services under this subdivision, a repeat annual background study is
6.11not required if:
6.12(1) the provider maintains compliance with the requirements of section 245C.07,
6.13paragraph (a), regarding one individual with one address and telephone number as the
6.14person to receive sensitive background study information for the multiple programs that
6.15depend on the same background study, and that the individual who is designated to
6.16receive the sensitive background study information is capable of determining, upon the
6.17request of the commissioner, whether a background study subject is providing direct
6.18contact services in one or more of the provider's programs or services and, if so, at which
6.19location or locations; and
6.20(2) the individual who is the subject of the background study provides direct
6.21contact services under the provider's licensed program for at least 40 hours per year so
6.22the individual will be recognized by a probation officer or corrections agent to prompt
6.23a report to the commissioner regarding new criminal history required under section
6.24245C.05, subdivision 7.
6.25 Sec. 5. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
6.26 Subd. 7. Probation officer and corrections agent. (a) A probation officer or
6.27corrections agent shall notify the commissioner of an individual's conviction if the
6.28individualis:
6.29 (1) has been affiliated with a program or facility regulated by the Department of
6.30Human Services or Department of Health, a facility serving children or youth licensed by
6.31the Department of Corrections, or any type of home care agency or provider of personal
6.32care assistance services within the preceding year; and
6.33 (2) has been convicted of a crime constituting a disqualification under section
6.34245C.14
.
7.1 (b) For the purpose of this subdivision, "conviction" has the meaning given it
7.2in section609.02, subdivision 5 .
7.3 (c) The commissioner, in consultation with the commissioner of corrections, shall
7.4develop forms and information necessary to implement this subdivision and shall provide
7.5the forms and information to the commissioner of corrections for distribution to local
7.6probation officers and corrections agents.
7.7 (d) The commissioner shall inform individuals subject to a background study that
7.8criminal convictions for disqualifying crimes will be reported to the commissioner by the
7.9corrections system.
7.10 (e) A probation officer, corrections agent, or corrections agency is not civilly or
7.11criminally liable for disclosing or failing to disclose the information required by this
7.12subdivision.
7.13 (f) Upon receipt of disqualifying information, the commissioner shall provide the
7.14notice required under section245C.17 , as appropriate, to agencies on record as having
7.15initiated a background study or making a request for documentation of the background
7.16study status of the individual.
7.17 (g) This subdivision does not apply to family child care programs.
7.18 Sec. 6. Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:
7.19 Subd. 2. Disqualification notice sent to subject. (a) If the information in the study
7.20indicates the individual is disqualified from direct contact with, or from access to, persons
7.21served by the program, the commissioner shall disclose to the individual studied:
7.22 (1) the information causing disqualification;
7.23 (2) instructions on how to request a reconsideration of the disqualification;
7.24 (3) an explanation of any restrictions on the commissioner's discretion to set aside
7.25the disqualification under section245C.24 , when applicable to the individual;
7.26(4) a statement that, if the individual's disqualification is set aside under section
7.27245C.24, the applicant, license holder, or other entity that initiated the background study
7.28will be provided with the reason for the individual's disqualification, and an explanation
7.29about which factors under section 245C.22, subdivision 4, were the basis of the decision
7.30to set aside the disqualification will be made available to the license holder upon request
7.31without the consent of the background study subject;
7.32(4) (5) a statement indicating that if the individual's disqualification is set aside or
7.33the facility is granted a variance under section245C.30 , the individual's identity and the
7.34reason for the individual's disqualification will become public data under section245C.22,
7.35subdivision 7 , when applicable to the individual;
8.1(6) a statement that when a subsequent background study is initiated on the
8.2individual following a set-aside of the individual's disqualification after July 1, 2011, and
8.3the commissioner makes a determination under section 245C.22, subdivision 5, paragraph
8.4(b), that the previous set-aside applies to the subsequent background study, the application,
8.5license holder, or other entity that initiated the background study will be informed in the
8.6notice under section 245C.22, subdivision 5, paragraph (c):
8.7(i) of the reason for the individual's disqualification;
8.8(ii) that the individual's disqualification is set aside for that program or agency; and
8.9(iii) that the information about the factors under section 245C.22, subdivision 4, that
8.10were the basis of the decision to set aside the disqualification are available to the license
8.11holder upon request without the consent of the background study subject; and
8.12(5) (7) the commissioner's determination of the individual's immediate risk of harm
8.13under section245C.16 .
8.14 (b) If the commissioner determines under section245C.16 that an individual poses
8.15an imminent risk of harm to persons served by the program where the individual will have
8.16direct contact with, or access to, people receiving services, the commissioner's notice must
8.17include an explanation of the basis of this determination.
8.18 (c) If the commissioner determines under section245C.16 that an individual studied
8.19does not pose a risk of harm that requires immediate removal, the individual shall be
8.20informed of the conditions under which the agency that initiated the background study
8.21may allow the individual to have direct contact with, or access to, people receiving
8.22services, as provided under subdivision 3.
8.23 Sec. 7. Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:
8.24 Subd. 5. Scope of set-aside. (a) If the commissioner sets aside a disqualification
8.25under this section, the disqualified individual remains disqualified, but may hold a license
8.26and have direct contact with or access to persons receiving services. Except as provided
8.27in paragraph (b), the commissioner's set-aside of a disqualification is limited solely
8.28to the licensed program, applicant, or agency specified in the set aside notice under
8.29section245C.23 , unless otherwise specified in the notice. For personal care provider
8.30organizations, the commissioner's set-aside may further be limited to a specific individual
8.31who is receiving services.
8.32(b) If the commissioner has set aside an individual's disqualification after July 1,
8.332011, for one or more programs or agencies, and the commissioner is conducting a
8.34subsequent background study on the individual, the commissioner shall determine whether
8.35the disqualification is set aside for the program or agency that initiated the subsequent
9.1background study. A notice of set-aside under paragraph (c) shall be issued if all of the
9.2following criteria are met:
9.3(1) the subsequent background study was initiated in connection with a program
9.4licensed or regulated under the same provisions of law and rule for at least one program
9.5for which the individual's disqualification was previously set aside by the commissioner;
9.6(2) the individual is not disqualified for an offense specified in section 245C.15,
9.7subdivision 1 or 2;
9.8(3) the individual's background study shows no new criminal or maltreatment history
9.9since the disqualification was set aside;
9.10(4) the commissioner has received no new information to indicate that the individual
9.11may pose a risk of harm to any person served by the program;
9.12(5) the previous set-aside was not limited to a specific person receiving services; and
9.13(6) the commissioner is not otherwise prohibited from setting aside the
9.14disqualification.
9.15(c) When the commissioner determines that the set-aside of an individual's
9.16disqualification meets the criteria under paragraph (b), the notice of background study
9.17results issued under section 245C.17, in addition to the other requirements under section
9.18245C.17, shall include a notice that the disqualification is set aside for the program or
9.19agency that initiated the subsequent background study. The notice must inform the
9.20individual that the individual may still request reconsideration of the disqualification
9.21under section 245C.21 on the basis that the information used to disqualify the individual is
9.22incorrect.
9.23 Sec. 8. Minnesota Statutes 2010, section 256B.4912, subdivision 2, is amended to read:
9.24 Subd. 2. Rate-setting methodologies. (a) The commissioner shall establish
9.25statewide rate-setting methodologies that meet federal waiver requirements for home
9.26and community-based waiver services for individuals with disabilities. The rate-setting
9.27methodologies must abide by the principles of transparency and equitability across the
9.28state. The methodologies must involve a uniform process of structuring rates for each
9.29service and must promote quality and participant choice.
9.30(b) The commissioner shall consult with stakeholders and recommend the basic
9.31methodology framework and implementation principles, and provide draft legislation, to
9.32the chairs and ranking minority members of the health and human services policy and
9.33finance committees in the house of representatives and the senate by December 15, 2011.
9.34The framework and principles shall include, but not be limited to:
10.1(1) a process that counties and providers must follow to ensure clients' continued
10.2access to services and provider plans in the event a provider is no longer able to provide
10.3services under the new rate structure;
10.4(2) a system that includes a process for needs assessment, needs determination,
10.5service design, rate notification, and mistake resolution that is available to clients,
10.6families, providers, and counties;
10.7(3) criteria for an exceptions process;
10.8(4) rates that are sensitive to geographical differences and allow for higher
10.9reimbursement for clients who have medical and behavior issues;
10.10(5) a clear definition of the rate tool and the processes and systems that determine
10.11rates;
10.12(6) the ability for providers to determine spending and services within the rate and
10.13subject to limitations in the individual service plan and provider enrollment contract; and
10.14(7) the continuation of a rate methodology stakeholder group through the first two
10.15years of implementation.
10.16(c) The commissioner shall issue a report to the house of representatives and senate
10.17committees with jurisdiction over health and human services policy and finance two
10.18years after implementation of the statewide rate methodology assessing the impact and
10.19effectiveness of the new rates.
10.20 Sec. 9. Minnesota Statutes 2010, section 256D.44, subdivision 5, is amended to read:
10.21 Subd. 5. Special needs. In addition to the state standards of assistance established in
10.22subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
10.23Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
10.24center, or a group residential housing facility.
10.25 (a) The county agency shall pay a monthly allowance for medically prescribed
10.26diets if the cost of those additional dietary needs cannot be met through some other
10.27maintenance benefit. The need for special diets or dietary items must be prescribed by
10.28a licensed physician. Costs for special diets shall be determined as percentages of the
10.29allotment for a one-person household under the thrifty food plan as defined by the United
10.30States Department of Agriculture. The types of diets and the percentages of the thrifty
10.31food plan that are covered are as follows:
10.32 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
10.33 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
10.34of thrifty food plan;
11.1 (3) controlled protein diet, less than 40 grams and requires special products, 125
11.2percent of thrifty food plan;
11.3 (4) low cholesterol diet, 25 percent of thrifty food plan;
11.4 (5) high residue diet, 20 percent of thrifty food plan;
11.5 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
11.6 (7) gluten-free diet, 25 percent of thrifty food plan;
11.7 (8) lactose-free diet, 25 percent of thrifty food plan;
11.8 (9) antidumping diet, 15 percent of thrifty food plan;
11.9 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
11.10 (11) ketogenic diet, 25 percent of thrifty food plan.
11.11 (b) Payment for nonrecurring special needs must be allowed for necessary home
11.12repairs or necessary repairs or replacement of household furniture and appliances using
11.13the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
11.14as long as other funding sources are not available.
11.15 (c) A fee for guardian or conservator service is allowed at a reasonable rate
11.16negotiated by the county or approved by the court. This rate shall not exceed five percent
11.17of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
11.18guardian or conservator is a member of the county agency staff, no fee is allowed.
11.19 (d) The county agency shall continue to pay a monthly allowance of $68 for
11.20restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
11.211990, and who eats two or more meals in a restaurant daily. The allowance must continue
11.22until the person has not received Minnesota supplemental aid for one full calendar month
11.23or until the person's living arrangement changes and the person no longer meets the criteria
11.24for the restaurant meal allowance, whichever occurs first.
11.25 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
11.26is allowed for representative payee services provided by an agency that meets the
11.27requirements under SSI regulations to charge a fee for representative payee services. This
11.28special need is available to all recipients of Minnesota supplemental aid regardless of
11.29their living arrangement.
11.30 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
11.31maximum allotment authorized by the federal Food Stamp Program for a single individual
11.32which is in effect on the first day of July of each year will be added to the standards of
11.33assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
11.34as shelter needy and are: (i) relocating from an institution, or an adult mental health
11.35residential treatment program under section256B.0622 ; (ii) eligible for the self-directed
11.36supports option as defined under section256B.0657, subdivision 2 ; or (iii) home and
12.1community-based waiver recipients living in their own home or rented or leased apartment
12.2which is not owned, operated, or controlled by a provider of service not related by blood
12.3or marriage, unless allowed under paragraph (g).
12.4 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
12.5shelter needy benefit under this paragraph is considered a household of one. An eligible
12.6individual who receives this benefit prior to age 65 may continue to receive the benefit
12.7after the age of 65.
12.8 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
12.9exceed 40 percent of the assistance unit's gross income before the application of this
12.10special needs standard. "Gross income" for the purposes of this section is the applicant's
12.11or recipient's prior month's income as defined in section256D.35, subdivision 10 , or the
12.12standard specified in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient
12.13of a federal or state housing subsidy, that limits shelter costs to a percentage of gross
12.14income, shall not be considered shelter needy for purposes of this paragraph.
12.15(g) Notwithstanding this subdivision, to access housing and services as provided
12.16in paragraph (f), the recipient may choose housing that may be owned, operated, or
12.17controlled by the recipient's service provider. In a multifamily building of more than four
12.18or more units, the maximum number of apartments at one address that may be used by
12.19recipients of this program shall be 50 percent of the units in a building. This paragraph
12.20expires on June 30,2012 2014.
12.21 Sec. 10. Laws 2009, chapter 79, article 8, section 81, is amended to read:
12.22 Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS.
12.23(a) The commissioner of human services shall consult with disability service
12.24providers, advocates, counties, and consumer families to develop a single set of standards
12.25governing services for people with disabilities receiving services under the home and
12.26community-based waiver services program to replace all or portions of existing laws and
12.27rules including, but not limited to, data practices, licensure of facilities and providers,
12.28background studies, reporting of maltreatment of minors, reporting of maltreatment of
12.29vulnerable adults, and the psychotropic medication checklist. The standards must:
12.30(1) enable optimum consumer choice;
12.31(2) be consumer driven;
12.32(3) link services to individual needs and life goals;
12.33(4) be based on quality assurance and individual outcomes;
12.34(5) utilize the people closest to the recipient, who may include family, friends, and
12.35health and service providers, in conjunction with the recipient's risk management plan to
13.1assist the recipient or the recipient's guardian in making decisions that meet the recipient's
13.2needs in a cost-effective manner and assure the recipient's health and safety;
13.3(6) utilize person-centered planning; and
13.4(7) maximize federal financial participation.
13.5(b) The commissioner may consult with existing stakeholder groups convened under
13.6the commissioner's authority, including the home and community-based expert services
13.7panel established by the commissioner in 2008, to meet all or some of the requirements
13.8of this section.
13.9(c) The commissioner of human services shall consult with the commissioner
13.10of health and the stakeholders identified in paragraph (a) to consolidate the ICF/MR
13.11standards in chapter 245B and the standards in Minnesota Rules to eliminate duplication
13.12and outdated standards.
13.13(c) (d) The commissioner shall provide the reports and plans required by this section
13.14to the legislative committees and budget divisions with jurisdiction over health and human
13.15services policy and finance by January 15, 2012.
1.3circumstances; placing requirements on the commissioner when establishing
1.4rate setting methodology; instructing the commissioner to eliminate duplicative
1.5and outdated standards; amending Minnesota Statutes 2010, sections 245A.11,
1.6subdivision 2a; 245B.07, subdivision 1; 245C.04, subdivisions 1, 6; 245C.05,
1.7subdivision 7; 245C.17, subdivision 2; 245C.22, subdivision 5; 256B.4912,
1.8subdivision 2; 256D.44, subdivision 5; Laws 2009, chapter 79, article 8, section
1.981.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to
1.12read:
1.13 Subd. 2a. Adult foster care license capacity. (a) The commissioner shall issue
1.14adult foster care licenses with a maximum licensed capacity of four beds, including
1.15nonstaff roomers and boarders, except that the commissioner may issue a license with a
1.16capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).
1.17(b) An adult foster care license holder may have a maximum license capacity of five
1.18if all persons in care are age 55 or over and do not have a serious and persistent mental
1.19illness or a developmental disability.
1.20(c) The commissioner may grant variances to paragraph (b) to allow a foster care
1.21provider with a licensed capacity of five persons to admit an individual under the age of 55
1.22if the variance complies with section
1.23is recommended by the county in which the licensed foster care provider is located.
1.24(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
1.25bed for emergency crisis services for a person with serious and persistent mental illness
1.26or a developmental disability, regardless of age, if the variance complies with section
2.2which the licensed foster care provider is located.
2.3(e)
2.4
2.5capacity of five adults if the fifth bed does not increase the overall statewide capacity of
2.6licensed adult foster care beds in homes that are not the primary residence of the license
2.7holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan
2.8submitted to the commissioner by the county, when the capacity is recommended by
2.9the county licensing agency of the county in which the facility is located and if the
2.10recommendation verifies that:
2.11(1) the facility meets the physical environment requirements in the adult foster
2.12care licensing rule;
2.13(2) the five-bed living arrangement is specified for each resident in the resident's:
2.14(i) individualized plan of care;
2.15(ii) individual service plan under section
2.16(iii) individual resident placement agreement under Minnesota Rules, part
2.179555.5105, subpart 19, if required;
2.18(3) the license holder obtains written and signed informed consent from each
2.19resident or resident's legal representative documenting the resident's informed choice to
2.20living in the home and that the resident's refusal to consent would not have resulted in
2.21service termination; and
2.22(4) the facility was licensed for adult foster care before March 1, 2009.
2.23(f) The commissioner shall not issue a new adult foster care license under paragraph
2.24(e) after June 30,
2.25care license issued under paragraph (e) before June 30, 2011, to continue with a capacity of
2.26five adults if the license holder continues to comply with the requirements in paragraph (e).
2.27 Sec. 2. Minnesota Statutes 2010, section 245B.07, subdivision 1, is amended to read:
2.28 Subdivision 1. Consumer data file. The license holder must maintain the following
2.29information for each consumer:
2.30(1) identifying information that includes date of birth, medications, legal
2.31representative, history, medical, and other individual-specific information, and names and
2.32telephone numbers of contacts;
2.33(2) consumer health information, including individual medication administration
2.34and monitoring information;
2.35(3) the consumer's individual service plan
3.1(i) when a consumer's case manager does not provide a current individual service
3.2plan, the license holder shall make a written request to the case manager to provide a
3.3copy of the individual service plan and inform the consumer or the consumer's legal
3.4representative of the right to an individual service plan and the right to appeal under
3.5section
3.6(ii) in the event the case manager fails to provide an individual service plan after
3.7a written request from the license holder, the license holder shall not be sanctioned or
3.8penalized financially for not having a current individual service plan in the consumer's
3.9data file;
3.10(4) copies of assessments, analyses, summaries, and recommendations;
3.11(5) progress review reports;
3.12(6) incidents involving the consumer;
3.13(7) reports required under section
3.14(8) discharge summary, when applicable;
3.15(9) record of other license holders serving the consumer that includes a contact
3.16person and telephone numbers, services being provided, services that require coordination
3.17between two license holders, and name of staff responsible for coordination;
3.18(10) information about verbal aggression directed at the consumer by another
3.19consumer; and
3.20(11) information about self-abuse.
3.21 Sec. 3. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
3.22 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
3.23background study of an individual required to be studied under section
3.24subdivision 1
3.25 (b) The commissioner shall conduct a background study of an individual required
3.26to be studied under section
3.27family child care.
3.28 (c) The commissioner is not required to conduct a study of an individual at the time
3.29of reapplication for a license if the individual's background study was completed by the
3.30commissioner of human services for an adult foster care license holder that is also:
3.31 (1) registered under chapter 144D; or
3.32 (2) licensed to provide home and community-based services to people with
3.33disabilities at the foster care location and the license holder does not reside in the foster
3.34care residence; and
3.35 (3) the following conditions are met:
4.1 (i) a study of the individual was conducted either at the time of initial licensure or
4.2when the individual became affiliated with the license holder;
4.3 (ii) the individual has been continuously affiliated with the license holder since
4.4the last study was conducted; and
4.5 (iii) the last study of the individual was conducted on or after October 1, 1995.
4.6 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
4.7conduct a study of an individual required to be studied under section
4.8time of reapplication for a child foster care license. The county or private agency shall
4.9collect and forward to the commissioner the information required under section
4.10subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
4.11study conducted by the commissioner of human services under this paragraph must
4.12include a review of the information required under section
4.13paragraph (a), clauses (1) to (5), 3, and 4.
4.14 (e) The commissioner of human services shall conduct a background study of an
4.15individual specified under section
4.16to (6), who is newly affiliated with a child foster care license holder. The county or
4.17private agency shall collect and forward to the commissioner the information required
4.18under section
4.19commissioner of human services under this paragraph must include a review of the
4.20information required under section
4.21 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
4.22paragraph (c), the commissioner shall conduct a study of an individual required to
4.23be studied under section
4.24or family adult day services license: (1) the county shall collect and forward to the
4.25commissioner the information required under section
4.26(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
4.27by the commissioner for all family adult day services and for adult foster care when
4.28the adult foster care license holder resides in the adult foster care or family adult day
4.29services residence; (2) the license holder shall collect and forward to the commissioner
4.30the information required under section
4.31and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
4.32adult foster care when the license holder does not reside in the adult foster care residence;
4.33and (3) the background study conducted by the commissioner under this paragraph must
4.34include a review of the information required under section
4.35paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
5.1(g) The commissioner shall conduct a background study of an individual specified
5.2under section
5.3affiliated with an adult foster care or family adult day services license holder: (1) the
5.4county shall collect and forward to the commissioner the information required under
5.5section
5.6and (b), for background studies conducted by the commissioner for all family adult day
5.7services and for adult foster care when the adult foster care license holder resides in
5.8the adult foster care residence; (2) the license holder shall collect and forward to the
5.9commissioner the information required under section
5.10(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
5.11commissioner for adult foster care when the license holder does not reside in the adult
5.12foster care residence; and (3) the background study conducted by the commissioner under
5.13this paragraph must include a review of the information required under section
5.14subdivision 1
5.15(h) Applicants for licensure, license holders, and other entities as provided in this
5.16chapter must submit completed background study forms to the commissioner before
5.17individuals specified in section
5.18contact in any licensed program.
5.19 (i) A license holder must
5.20study through the commissioner's online background study system
5.21
5.22 (1) an individual returns to a position requiring a background study following an
5.23absence of
5.24 (2) a program that discontinued providing licensed direct contact services for
5.25or more consecutive days begins to provide direct contact licensed services again.
5.26
5.27
5.28was previously set aside for the license holder's program and the new background study
5.29results in no new information that indicates the individual may pose a risk of harm to
5.30persons receiving services from the license holder, the previous set-aside shall remain
5.31in effect.
5.32 (j) For purposes of this section, a physician licensed under chapter 147 is considered
5.33to be continuously affiliated upon the license holder's receipt from the commissioner of
5.34health or human services of the physician's background study results.
5.35 Sec. 4. Minnesota Statutes 2010, section 245C.04, subdivision 6, is amended to read:
6.1 Subd. 6. Unlicensed home and community-based waiver providers of service to
6.2seniors and individuals with disabilities. (a) Providers required to initiate background
6.3studies under section
6.4position allowing direct contact with persons served by the provider.
6.5(b)
6.6providers must initiate a background study annually of an individual required to be studied
6.7under section
6.8(c) After an initial background study under this subdivision is initiated on an
6.9individual by a provider of both services licensed by the commissioner of human services
6.10and the unlicensed services under this subdivision, a repeat annual background study is
6.11not required if:
6.12(1) the provider maintains compliance with the requirements of section 245C.07,
6.13paragraph (a), regarding one individual with one address and telephone number as the
6.14person to receive sensitive background study information for the multiple programs that
6.15depend on the same background study, and that the individual who is designated to
6.16receive the sensitive background study information is capable of determining, upon the
6.17request of the commissioner, whether a background study subject is providing direct
6.18contact services in one or more of the provider's programs or services and, if so, at which
6.19location or locations; and
6.20(2) the individual who is the subject of the background study provides direct
6.21contact services under the provider's licensed program for at least 40 hours per year so
6.22the individual will be recognized by a probation officer or corrections agent to prompt
6.23a report to the commissioner regarding new criminal history required under section
6.24245C.05, subdivision 7.
6.25 Sec. 5. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
6.26 Subd. 7. Probation officer and corrections agent. (a) A probation officer or
6.27corrections agent shall notify the commissioner of an individual's conviction if the
6.28individual
6.29 (1) has been affiliated with a program or facility regulated by the Department of
6.30Human Services or Department of Health, a facility serving children or youth licensed by
6.31the Department of Corrections, or any type of home care agency or provider of personal
6.32care assistance services within the preceding year; and
6.33 (2) has been convicted of a crime constituting a disqualification under section
7.1 (b) For the purpose of this subdivision, "conviction" has the meaning given it
7.2in section
7.3 (c) The commissioner, in consultation with the commissioner of corrections, shall
7.4develop forms and information necessary to implement this subdivision and shall provide
7.5the forms and information to the commissioner of corrections for distribution to local
7.6probation officers and corrections agents.
7.7 (d) The commissioner shall inform individuals subject to a background study that
7.8criminal convictions for disqualifying crimes will be reported to the commissioner by the
7.9corrections system.
7.10 (e) A probation officer, corrections agent, or corrections agency is not civilly or
7.11criminally liable for disclosing or failing to disclose the information required by this
7.12subdivision.
7.13 (f) Upon receipt of disqualifying information, the commissioner shall provide the
7.14notice required under section
7.15initiated a background study or making a request for documentation of the background
7.16study status of the individual.
7.17 (g) This subdivision does not apply to family child care programs.
7.18 Sec. 6. Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:
7.19 Subd. 2. Disqualification notice sent to subject. (a) If the information in the study
7.20indicates the individual is disqualified from direct contact with, or from access to, persons
7.21served by the program, the commissioner shall disclose to the individual studied:
7.22 (1) the information causing disqualification;
7.23 (2) instructions on how to request a reconsideration of the disqualification;
7.24 (3) an explanation of any restrictions on the commissioner's discretion to set aside
7.25the disqualification under section
7.26(4) a statement that, if the individual's disqualification is set aside under section
7.27245C.24, the applicant, license holder, or other entity that initiated the background study
7.28will be provided with the reason for the individual's disqualification, and an explanation
7.29about which factors under section 245C.22, subdivision 4, were the basis of the decision
7.30to set aside the disqualification will be made available to the license holder upon request
7.31without the consent of the background study subject;
7.32
7.33the facility is granted a variance under section
7.34reason for the individual's disqualification will become public data under section
7.35subdivision 7
8.1(6) a statement that when a subsequent background study is initiated on the
8.2individual following a set-aside of the individual's disqualification after July 1, 2011, and
8.3the commissioner makes a determination under section 245C.22, subdivision 5, paragraph
8.4(b), that the previous set-aside applies to the subsequent background study, the application,
8.5license holder, or other entity that initiated the background study will be informed in the
8.6notice under section 245C.22, subdivision 5, paragraph (c):
8.7(i) of the reason for the individual's disqualification;
8.8(ii) that the individual's disqualification is set aside for that program or agency; and
8.9(iii) that the information about the factors under section 245C.22, subdivision 4, that
8.10were the basis of the decision to set aside the disqualification are available to the license
8.11holder upon request without the consent of the background study subject; and
8.12
8.13under section
8.14 (b) If the commissioner determines under section
8.15an imminent risk of harm to persons served by the program where the individual will have
8.16direct contact with, or access to, people receiving services, the commissioner's notice must
8.17include an explanation of the basis of this determination.
8.18 (c) If the commissioner determines under section
8.19does not pose a risk of harm that requires immediate removal, the individual shall be
8.20informed of the conditions under which the agency that initiated the background study
8.21may allow the individual to have direct contact with, or access to, people receiving
8.22services, as provided under subdivision 3.
8.23 Sec. 7. Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:
8.24 Subd. 5. Scope of set-aside. (a) If the commissioner sets aside a disqualification
8.25under this section, the disqualified individual remains disqualified, but may hold a license
8.26and have direct contact with or access to persons receiving services. Except as provided
8.27in paragraph (b), the commissioner's set-aside of a disqualification is limited solely
8.28to the licensed program, applicant, or agency specified in the set aside notice under
8.29section
8.30organizations, the commissioner's set-aside may further be limited to a specific individual
8.31who is receiving services.
8.32(b) If the commissioner has set aside an individual's disqualification after July 1,
8.332011, for one or more programs or agencies, and the commissioner is conducting a
8.34subsequent background study on the individual, the commissioner shall determine whether
8.35the disqualification is set aside for the program or agency that initiated the subsequent
9.1background study. A notice of set-aside under paragraph (c) shall be issued if all of the
9.2following criteria are met:
9.3(1) the subsequent background study was initiated in connection with a program
9.4licensed or regulated under the same provisions of law and rule for at least one program
9.5for which the individual's disqualification was previously set aside by the commissioner;
9.6(2) the individual is not disqualified for an offense specified in section 245C.15,
9.7subdivision 1 or 2;
9.8(3) the individual's background study shows no new criminal or maltreatment history
9.9since the disqualification was set aside;
9.10(4) the commissioner has received no new information to indicate that the individual
9.11may pose a risk of harm to any person served by the program;
9.12(5) the previous set-aside was not limited to a specific person receiving services; and
9.13(6) the commissioner is not otherwise prohibited from setting aside the
9.14disqualification.
9.15(c) When the commissioner determines that the set-aside of an individual's
9.16disqualification meets the criteria under paragraph (b), the notice of background study
9.17results issued under section 245C.17, in addition to the other requirements under section
9.18245C.17, shall include a notice that the disqualification is set aside for the program or
9.19agency that initiated the subsequent background study. The notice must inform the
9.20individual that the individual may still request reconsideration of the disqualification
9.21under section 245C.21 on the basis that the information used to disqualify the individual is
9.22incorrect.
9.23 Sec. 8. Minnesota Statutes 2010, section 256B.4912, subdivision 2, is amended to read:
9.24 Subd. 2. Rate-setting methodologies. (a) The commissioner shall establish
9.25statewide rate-setting methodologies that meet federal waiver requirements for home
9.26and community-based waiver services for individuals with disabilities. The rate-setting
9.27methodologies must abide by the principles of transparency and equitability across the
9.28state. The methodologies must involve a uniform process of structuring rates for each
9.29service and must promote quality and participant choice.
9.30(b) The commissioner shall consult with stakeholders and recommend the basic
9.31methodology framework and implementation principles, and provide draft legislation, to
9.32the chairs and ranking minority members of the health and human services policy and
9.33finance committees in the house of representatives and the senate by December 15, 2011.
9.34The framework and principles shall include, but not be limited to:
10.1(1) a process that counties and providers must follow to ensure clients' continued
10.2access to services and provider plans in the event a provider is no longer able to provide
10.3services under the new rate structure;
10.4(2) a system that includes a process for needs assessment, needs determination,
10.5service design, rate notification, and mistake resolution that is available to clients,
10.6families, providers, and counties;
10.7(3) criteria for an exceptions process;
10.8(4) rates that are sensitive to geographical differences and allow for higher
10.9reimbursement for clients who have medical and behavior issues;
10.10(5) a clear definition of the rate tool and the processes and systems that determine
10.11rates;
10.12(6) the ability for providers to determine spending and services within the rate and
10.13subject to limitations in the individual service plan and provider enrollment contract; and
10.14(7) the continuation of a rate methodology stakeholder group through the first two
10.15years of implementation.
10.16(c) The commissioner shall issue a report to the house of representatives and senate
10.17committees with jurisdiction over health and human services policy and finance two
10.18years after implementation of the statewide rate methodology assessing the impact and
10.19effectiveness of the new rates.
10.20 Sec. 9. Minnesota Statutes 2010, section 256D.44, subdivision 5, is amended to read:
10.21 Subd. 5. Special needs. In addition to the state standards of assistance established in
10.22subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
10.23Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
10.24center, or a group residential housing facility.
10.25 (a) The county agency shall pay a monthly allowance for medically prescribed
10.26diets if the cost of those additional dietary needs cannot be met through some other
10.27maintenance benefit. The need for special diets or dietary items must be prescribed by
10.28a licensed physician. Costs for special diets shall be determined as percentages of the
10.29allotment for a one-person household under the thrifty food plan as defined by the United
10.30States Department of Agriculture. The types of diets and the percentages of the thrifty
10.31food plan that are covered are as follows:
10.32 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
10.33 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
10.34of thrifty food plan;
11.1 (3) controlled protein diet, less than 40 grams and requires special products, 125
11.2percent of thrifty food plan;
11.3 (4) low cholesterol diet, 25 percent of thrifty food plan;
11.4 (5) high residue diet, 20 percent of thrifty food plan;
11.5 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
11.6 (7) gluten-free diet, 25 percent of thrifty food plan;
11.7 (8) lactose-free diet, 25 percent of thrifty food plan;
11.8 (9) antidumping diet, 15 percent of thrifty food plan;
11.9 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
11.10 (11) ketogenic diet, 25 percent of thrifty food plan.
11.11 (b) Payment for nonrecurring special needs must be allowed for necessary home
11.12repairs or necessary repairs or replacement of household furniture and appliances using
11.13the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
11.14as long as other funding sources are not available.
11.15 (c) A fee for guardian or conservator service is allowed at a reasonable rate
11.16negotiated by the county or approved by the court. This rate shall not exceed five percent
11.17of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
11.18guardian or conservator is a member of the county agency staff, no fee is allowed.
11.19 (d) The county agency shall continue to pay a monthly allowance of $68 for
11.20restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
11.211990, and who eats two or more meals in a restaurant daily. The allowance must continue
11.22until the person has not received Minnesota supplemental aid for one full calendar month
11.23or until the person's living arrangement changes and the person no longer meets the criteria
11.24for the restaurant meal allowance, whichever occurs first.
11.25 (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
11.26is allowed for representative payee services provided by an agency that meets the
11.27requirements under SSI regulations to charge a fee for representative payee services. This
11.28special need is available to all recipients of Minnesota supplemental aid regardless of
11.29their living arrangement.
11.30 (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
11.31maximum allotment authorized by the federal Food Stamp Program for a single individual
11.32which is in effect on the first day of July of each year will be added to the standards of
11.33assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
11.34as shelter needy and are: (i) relocating from an institution, or an adult mental health
11.35residential treatment program under section
11.36supports option as defined under section
12.1community-based waiver recipients living in their own home or rented or leased apartment
12.2which is not owned, operated, or controlled by a provider of service not related by blood
12.3or marriage, unless allowed under paragraph (g).
12.4 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
12.5shelter needy benefit under this paragraph is considered a household of one. An eligible
12.6individual who receives this benefit prior to age 65 may continue to receive the benefit
12.7after the age of 65.
12.8 (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
12.9exceed 40 percent of the assistance unit's gross income before the application of this
12.10special needs standard. "Gross income" for the purposes of this section is the applicant's
12.11or recipient's prior month's income as defined in section
12.12standard specified in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient
12.13of a federal or state housing subsidy, that limits shelter costs to a percentage of gross
12.14income, shall not be considered shelter needy for purposes of this paragraph.
12.15(g) Notwithstanding this subdivision, to access housing and services as provided
12.16in paragraph (f), the recipient may choose housing that may be owned, operated, or
12.17controlled by the recipient's service provider. In a multifamily building of more than four
12.18
12.19recipients of this program shall be 50 percent of the units in a building. This paragraph
12.20expires on June 30,
12.21 Sec. 10. Laws 2009, chapter 79, article 8, section 81, is amended to read:
12.22 Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS.
12.23(a) The commissioner of human services shall consult with disability service
12.24providers, advocates, counties, and consumer families to develop a single set of standards
12.25governing services for people with disabilities receiving services under the home and
12.26community-based waiver services program to replace all or portions of existing laws and
12.27rules including, but not limited to, data practices, licensure of facilities and providers,
12.28background studies, reporting of maltreatment of minors, reporting of maltreatment of
12.29vulnerable adults, and the psychotropic medication checklist. The standards must:
12.30(1) enable optimum consumer choice;
12.31(2) be consumer driven;
12.32(3) link services to individual needs and life goals;
12.33(4) be based on quality assurance and individual outcomes;
12.34(5) utilize the people closest to the recipient, who may include family, friends, and
12.35health and service providers, in conjunction with the recipient's risk management plan to
13.1assist the recipient or the recipient's guardian in making decisions that meet the recipient's
13.2needs in a cost-effective manner and assure the recipient's health and safety;
13.3(6) utilize person-centered planning; and
13.4(7) maximize federal financial participation.
13.5(b) The commissioner may consult with existing stakeholder groups convened under
13.6the commissioner's authority, including the home and community-based expert services
13.7panel established by the commissioner in 2008, to meet all or some of the requirements
13.8of this section.
13.9(c) The commissioner of human services shall consult with the commissioner
13.10of health and the stakeholders identified in paragraph (a) to consolidate the ICF/MR
13.11standards in chapter 245B and the standards in Minnesota Rules to eliminate duplication
13.12and outdated standards.
13.13
13.14to the legislative committees and budget divisions with jurisdiction over health and human
13.15services policy and finance by January 15, 2012.
