HF 1395

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/02/2013 12:19pm

A bill for an act
relating to human services; changing certain residency ratio restrictions for home
and community-based services waiver recipients; requiring recommendations
by the commissioner of human services; amending Minnesota Statutes 2012,
section 256B.492.

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

Section 1.

Minnesota Statutes 2012, section 256B.492, is amended to read:

256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
WITH DISABILITIES.

(a) Individuals receiving services under a home and community-based waiver under
section 256B.092 or 256B.49 may receive services in the following settings:

(1) an individual's own home or family home;

(2) a licensed adult foster care setting of up to five people; and

(3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities may reside in all of the units in a building of four or fewer
units, and no more than the greater of four or 25 percent of the units in a multifamily
building of more than four units new text begin , unless required by the Housing Opportunities for Persons
with AIDS program new text end .

(b) The settings in paragraph (a) must not:

(1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;

(2) be located in a building on the grounds of or adjacent to a public or private
institution;

(3) be a housing complex designed expressly around an individual's diagnosis or
disability new text begin , unless required by the Housing Opportunities for Persons with AIDS program new text end ;

(4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and

(5) have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.

(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals receive services under a home and community-based waiver as of July 1,
2012, and the setting does not meet the criteria of this section.

(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).

(e) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.

Sec. 2. new text begin RECOMMENDATIONS FOR CONCENTRATION LIMITS ON HOME
AND COMMUNITY-BASED SETTINGS.
new text end

new text begin The commissioner of human services shall consult with the Minnesota Olmstead
subcabinet, advocates, providers, and city representatives to develop recommendations
on concentration limits on home and community-based settings, as defined in
Minnesota Statutes, section 256B.492, as well as any other exceptions to the definition.
The recommendations must be consistent with Minnesota's Olmstead plan. The
recommendations and proposed legislation must be submitted to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by February 1, 2014.
new text end