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HF 471

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; establishing alternative licensing inspections for licensed
substance use disorder treatment providers; proposing coding for new law in
Minnesota Statutes, chapter 245G.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [245G.031] ALTERNATIVE LICENSING INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility for an alternative licensing inspection. new text end

new text begin (a) A license holder
providing services licensed under this chapter, with a qualifying accreditation and meeting
the eligibility criteria in paragraphs (b) and (c), may request approval for an alternative
licensing inspection when all services provided under the license holder's license are
accredited. A license holder with a qualifying accreditation and meeting the eligibility
criteria in paragraphs (b) and (c) may request approval for an alternative licensing inspection
for individual community residential settings or day services facilities licensed under this
chapter.
new text end

new text begin (b) In order to be eligible for an alternative licensing inspection, the program must have
had at least one inspection by the commissioner following issuance of the initial license.
new text end

new text begin (c) In order to be eligible for an alternative licensing inspection, the program must have
been in substantial and consistent compliance at the time of the last licensing inspection
and during the current licensing period. For purposes of this section, "substantial and
consistent compliance" means:
new text end

new text begin (1) the license holder's license was not made conditional, suspended, or revoked;
new text end

new text begin (2) there have been no substantiated allegations of maltreatment against the license
holder within the past ten years; and
new text end

new text begin (3) the license holder maintained substantial compliance with the other requirements of
chapters 245A and 245C and other applicable laws and rules.
new text end

new text begin (d) For the purposes of this section, the license holder's license includes services licensed
under this chapter that were previously licensed under chapter 245A or Minnesota Rules,
chapter 9530, until January 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Qualifying accreditation. new text end

new text begin The commissioner must accept an accreditation
from the joint commission as a qualifying accreditation.
new text end

new text begin Subd. 3. new text end

new text begin Request for approval of an alternative inspection status. new text end

new text begin (a) A request for
an alternative inspection must be made on the forms and in the manner prescribed by the
commissioner. When submitting the request, the license holder must submit all documentation
issued by the accrediting body verifying that the license holder has obtained and maintained
the qualifying accreditation and has complied with recommendations or requirements from
the accrediting body during the period of accreditation. Based on the request and the
additional required materials, the commissioner may approve an alternative inspection
status.
new text end

new text begin (b) The commissioner must notify the license holder in writing that the request for an
alternative inspection status has been approved. Approval must be granted until the end of
the qualifying accreditation period.
new text end

new text begin (c) The license holder must submit a written request for approval of an alternative
inspection status to be renewed one month before the end of the current approval period
according to the requirements in paragraph (a). If the license holder does not submit a request
to renew approval of an alternative inspection status as required, the commissioner must
conduct a licensing inspection.
new text end

new text begin Subd. 4. new text end

new text begin Programs approved for alternative licensing inspection; deemed compliance
licensing requirements.
new text end

new text begin (a) A license holder approved for alternative licensing inspection
under this section is required to maintain compliance with all licensing standards according
to this chapter.
new text end

new text begin (b) A license holder approved for alternative licensing inspection under this section is
deemed to be in compliance with all the requirements of this chapter, and the commissioner
must not perform routine licensing inspections.
new text end

new text begin (c) Upon receipt of a complaint regarding the services of a license holder approved for
alternative licensing inspection under this section, the commissioner must investigate the
complaint and may take any action as provided under section 245A.06 or 245A.07.
new text end

new text begin Subd. 5. new text end

new text begin Investigations of alleged or suspected maltreatment. new text end

new text begin Nothing in this section
changes the commissioner's responsibilities to investigate alleged or suspected maltreatment
of a minor under chapter 260E or a vulnerable adult under section 626.557.
new text end

new text begin Subd. 6. new text end

new text begin Termination or denial of subsequent approval. new text end

new text begin Following approval of an
alternative licensing inspection, the commissioner may terminate or deny subsequent approval
of an alternative licensing inspection if the commissioner determines that:
new text end

new text begin (1) the license holder has not maintained the qualifying accreditation;
new text end

new text begin (2) the commissioner has substantiated maltreatment for which the license holder or
facility is determined to be responsible during the qualifying accreditation period; or
new text end

new text begin (3) during the qualifying accreditation period, the license holder has been issued an order
for conditional license, fine, suspension, or license revocation that has not been reversed
upon appeal.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin The commissioner's decision that the conditions for approval for an
alternative licensing inspection have not been met is subject to appeal under the provisions
of chapter 14.
new text end

new text begin Subd. 8. new text end

new text begin Commissioner's programs. new text end

new text begin Substance use disorder treatment services licensed
under this chapter for which the commissioner is the license holder with a qualifying
accreditation are excluded from being approved for an alternative licensing inspection.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021.
new text end