Bill Text: MN SF2013 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Adult foster care homes serving people with mental illness certification and licensing moratorium exemption
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-21 - Comm report: To pass as amended and re-refer to Finance [SF2013 Detail]
Download: Minnesota-2011-SF2013-Engrossed.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 issue a mental health
1.11certification for adult foster care homes licensed under this chapter and Minnesota Rules,
1.12parts 9555.5105 to 9555.6265, that serve people with mental illness where the home is not
1.13the primary residence of the license holder when a provider is determined to have met
1.14the requirements under paragraph (b). This certification is voluntary for license holders.
1.15The certification shall be printed on the license, and identified on the commissioner's
1.16public Web site.
1.17(b) The requirements for certification are:
1.18(1) all staff working in the adult foster care home have received at least seven hours
1.19of annual training covering all of the following topics:
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) community resources;
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18, or
2.3a mental health practitioner as defined in section 245.462, subdivision 17, are 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).
2.23 Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
2.24amended to read:
2.25 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
2.26initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2.272960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
2.289555.6265, under this chapter for a physical location that will not be the primary residence
2.29of the license holder for the entire period of licensure. If a license is issued during this
2.30moratorium, and the license holder changes the license holder's primary residence away
2.31from the physical location of the foster care license, the commissioner shall revoke the
2.32license according to section245A.07 . Exceptions to the moratorium include:
2.33(1) foster care settings that are required to be registered under chapter 144D;
2.34(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
2.35and determined to be needed by the commissioner under paragraph (b);
3.1(3) new foster care licenses determined to be needed by the commissioner under
3.2paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
3.3restructuring of state-operated services that limits the capacity of state-operated facilities;
3.4(4) new foster care licenses determined to be needed by the commissioner under
3.5paragraph (b) for persons requiring hospital level care; or
3.6(5) new foster care licenses determined to be needed by the commissioner for the
3.7transition of people from personal care assistance to the home and community-based
3.8services.
3.9(b) The commissioner shall determine the need for newly licensed foster care homes
3.10as defined under this subdivision. As part of the determination, the commissioner shall
3.11consider the availability of foster care capacity in the area in which the licensee seeks to
3.12operate, and the recommendation of the local county board. The determination by the
3.13commissioner must be final. A determination of need is not required for a change in
3.14ownership at the same address.
3.15 (c) Residential settings that would otherwise be subject to the moratorium established
3.16in paragraph (a), that are in the process of receiving an adult or child foster care license as
3.17of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
3.18or child foster care license. For this paragraph, all of the following conditions must be met
3.19to be considered in the process of receiving an adult or child foster care license:
3.20 (1) participants have made decisions to move into the residential setting, including
3.21documentation in each participant's care plan;
3.22 (2) the provider has purchased housing or has made a financial investment in the
3.23property;
3.24 (3) the lead agency has approved the plans, including costs for the residential setting
3.25for each individual;
3.26 (4) the completion of the licensing process, including all necessary inspections, is
3.27the only remaining component prior to being able to provide services; and
3.28 (5) the needs of the individuals cannot be met within the existing capacity in that
3.29county.
3.30To qualify for the process under this paragraph, the lead agency must submit
3.31documentation to the commissioner by August 1, 2009, that all of the above criteria are
3.32met.
3.33(d) The commissioner shall study the effects of the license moratorium under this
3.34subdivision and shall report back to the legislature by January 15, 2011. This study shall
3.35include, but is not limited to the following:
4.1(1) the overall capacity and utilization of foster care beds where the physical location
4.2is not the primary residence of the license holder prior to and after implementation
4.3of the moratorium;
4.4(2) the overall capacity and utilization of foster care beds where the physical
4.5location is the primary residence of the license holder prior to and after implementation
4.6of the moratorium; and
4.7(3) the number of licensed and occupied ICF/MR beds prior to and after
4.8implementation of the moratorium.
4.9(e) When a foster care recipient moves out of a foster home that is not the primary
4.10residence of the license holder according to section256B.49, subdivision 15 , paragraph
4.11(f), the county shall immediately inform the Department of Human Services Licensing
4.12Division, and the department shall immediately decrease the licensed capacity for the
4.13home. A decreased licensed capacity according to this paragraph is not subject to appeal
4.14under this chapter.
4.15(f) Residential settings that would otherwise be subject to the decreased license
4.16capacity established in paragraph (e) shall be exempt under the following circumstances:
4.17(1) the license holder is:
4.18(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
4.19health services (ARMHS) as defined in section 256B.0623;
4.20(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
4.219520.0870;
4.22(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
4.239520.0870; or
4.24(iv) a provider of intensive residential treatment services (IRTS) licensed under
4.25Minnesota Rules, parts 9520.0500 to 9520.0670; or
4.26(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 issue a mental health
1.11certification for adult foster care homes licensed under this chapter and Minnesota Rules,
1.12parts 9555.5105 to 9555.6265, that serve people with mental illness where the home is not
1.13the primary residence of the license holder when a provider is determined to have met
1.14the requirements under paragraph (b). This certification is voluntary for license holders.
1.15The certification shall be printed on the license, and identified on the commissioner's
1.16public Web site.
1.17(b) The requirements for certification are:
1.18(1) all staff working in the adult foster care home have received at least seven hours
1.19of annual training covering all of the following topics:
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) community resources;
2.2(2) a mental health professional, as defined in section 245.462, subdivision 18, or
2.3a mental health practitioner as defined in section 245.462, subdivision 17, are 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).
2.23 Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
2.24amended to read:
2.25 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
2.26initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2.272960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
2.289555.6265, under this chapter for a physical location that will not be the primary residence
2.29of the license holder for the entire period of licensure. If a license is issued during this
2.30moratorium, and the license holder changes the license holder's primary residence away
2.31from the physical location of the foster care license, the commissioner shall revoke the
2.32license according to section
2.33(1) foster care settings that are required to be registered under chapter 144D;
2.34(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
2.35and determined to be needed by the commissioner under paragraph (b);
3.1(3) new foster care licenses determined to be needed by the commissioner under
3.2paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
3.3restructuring of state-operated services that limits the capacity of state-operated facilities;
3.4(4) new foster care licenses determined to be needed by the commissioner under
3.5paragraph (b) for persons requiring hospital level care; or
3.6(5) new foster care licenses determined to be needed by the commissioner for the
3.7transition of people from personal care assistance to the home and community-based
3.8services.
3.9(b) The commissioner shall determine the need for newly licensed foster care homes
3.10as defined under this subdivision. As part of the determination, the commissioner shall
3.11consider the availability of foster care capacity in the area in which the licensee seeks to
3.12operate, and the recommendation of the local county board. The determination by the
3.13commissioner must be final. A determination of need is not required for a change in
3.14ownership at the same address.
3.15 (c) Residential settings that would otherwise be subject to the moratorium established
3.16in paragraph (a), that are in the process of receiving an adult or child foster care license as
3.17of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
3.18or child foster care license. For this paragraph, all of the following conditions must be met
3.19to be considered in the process of receiving an adult or child foster care license:
3.20 (1) participants have made decisions to move into the residential setting, including
3.21documentation in each participant's care plan;
3.22 (2) the provider has purchased housing or has made a financial investment in the
3.23property;
3.24 (3) the lead agency has approved the plans, including costs for the residential setting
3.25for each individual;
3.26 (4) the completion of the licensing process, including all necessary inspections, is
3.27the only remaining component prior to being able to provide services; and
3.28 (5) the needs of the individuals cannot be met within the existing capacity in that
3.29county.
3.30To qualify for the process under this paragraph, the lead agency must submit
3.31documentation to the commissioner by August 1, 2009, that all of the above criteria are
3.32met.
3.33(d) The commissioner shall study the effects of the license moratorium under this
3.34subdivision and shall report back to the legislature by January 15, 2011. This study shall
3.35include, but is not limited to the following:
4.1(1) the overall capacity and utilization of foster care beds where the physical location
4.2is not the primary residence of the license holder prior to and after implementation
4.3of the moratorium;
4.4(2) the overall capacity and utilization of foster care beds where the physical
4.5location is the primary residence of the license holder prior to and after implementation
4.6of the moratorium; and
4.7(3) the number of licensed and occupied ICF/MR beds prior to and after
4.8implementation of the moratorium.
4.9(e) When a foster care recipient moves out of a foster home that is not the primary
4.10residence of the license holder according to section
4.11(f), the county shall immediately inform the Department of Human Services Licensing
4.12Division, and the department shall immediately decrease the licensed capacity for the
4.13home. A decreased licensed capacity according to this paragraph is not subject to appeal
4.14under this chapter.
4.15(f) Residential settings that would otherwise be subject to the decreased license
4.16capacity established in paragraph (e) shall be exempt under the following circumstances:
4.17(1) the license holder is:
4.18(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
4.19health services (ARMHS) as defined in section 256B.0623;
4.20(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
4.219520.0870;
4.22(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
4.239520.0870; or
4.24(iv) a provider of intensive residential treatment services (IRTS) licensed under
4.25Minnesota Rules, parts 9520.0500 to 9520.0670; or
4.26(2) the license holder is certified under the requirements in subdivision 6a.
