HF 1986

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to health and human services; changing registration and licensing
provisions for housing with service establishments and entities under the Human
Services Licensing Act; amending Minnesota Statutes 2008, sections 144D.03,
subdivision 1, by adding a subdivision; 245A.04, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 144D.03, subdivision 1, is amended to
read:

Subdivision 1.

Registration procedures.

new text begin (a) new text end The commissioner shall establish
forms and procedures for annual registration of housing with services establishments.
new text begin The registration form for a housing with service establishment must include a statement
advising the registrant that in addition to state registration requirements there may be
applicable local ordinances, and to prevent unnecessary delays, the registrant should
contact the city in which the establishment will be operated to inquire about applicable
local ordinances. The registration form must also include space for the registrant to note
the name of the city official contacted, and the date the contact was made.
new text end

new text begin (b) new text end The commissioner shall charge an annual registration fee of $155. No fee shall
be refunded. A registered establishment shall notify the commissioner within 30 days of
the date it is no longer required to be registered under this chapter or of any change in the
business name or address of the establishment, the name or mailing address of the owner
or owners, or the name or mailing address of the managing agent. There shall be no
fee for submission of the notice.

Sec. 2.

Minnesota Statutes 2008, section 144D.03, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Registration information provided. new text end

new text begin After a housing with services
establishment is registered, but before the establishment begins operation, the registrant
must send a copy of the registration and contact information of the owner or management
agent to the city in which the facility will be operated.
new text end

Sec. 3.

Minnesota Statutes 2008, section 245A.04, subdivision 1, is amended to read:

Subdivision 1.

Application for licensure.

(a) new text begin (1) new text end An individual, corporation,
partnership, voluntary association, other organization or controlling individual that is
subject to licensure under section 245A.03 must apply for a license. The application
must be made on the forms and in the manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within the state.

new text begin (2) The application form to be completed by an individual, corporation, partnership,
voluntary association, other organization, or controlling individual that is seeking
licensure for a residential program as defined in section 245A.02, subdivision 14, that will
provide services to adults must include:
new text end

new text begin (i) a statement advising the applicant that in addition to state licensing requirements
there may be applicable local ordinances, and to prevent unnecessary delays, the applicant
should contact the city in which the program will be operated to inquire about applicable
local ordinances; and
new text end

new text begin (ii) space for the applicant to note the name of the city official contacted, and the
date the contact was made.
new text end

new text begin (3) new text end The commissioner shall act on the application within 90 working days after
a complete application and any required reports have been received from other state
agencies or departments, counties, municipalities, or other political subdivisions. The
commissioner shall not consider an application to be complete until the commissioner
receives all of the information required under section 245C.05.

(b) An application for licensure must specify one or more controlling individuals as
an agent who is responsible for dealing with the commissioner of human services on all
matters provided for in this chapter and on whom service of all notices and orders must be
made. The agent must be authorized to accept service on behalf of all of the controlling
individuals of the program. Service on the agent is service on all of the controlling
individuals of the program. It is not a defense to any action arising under this chapter that
service was not made on each controlling individual of the program. The designation of
one or more controlling individuals as agents under this paragraph does not affect the legal
responsibility of any other controlling individual under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under
the influence of a chemical that impairs the individual's ability to provide services or
care. The license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that
permits persons served by the program and their authorized representatives to bring a
grievance to the highest level of authority in the program.

Sec. 4.

Minnesota Statutes 2008, section 245A.04, subdivision 2, is amended to read:

Subd. 2.

Notification of affected municipality.

new text begin (a) new text end The commissioner must not
issue a license without giving 30 calendar days' written notice to the affected municipality
or other political subdivision unless the program is considered a permitted single-family
residential use under sections 245A.11 and 245A.14. The notification must be given
before the first issuance of a license and annually after that time if annual notification is
requested in writing by the affected municipality or other political subdivision. State funds
must not be made available to or be spent by an agency or department of state, county, or
municipal government for payment to a residential or nonresidential program licensed
under this chapter until the provisions of this subdivision have been complied with in full.
The provisions of this subdivision shall not apply to programs located in hospitals.

new text begin (b) After a residential program is licensed, but before the program begins operation,
the license holder must send a copy of the license and contact information of the license
holder or management agent to the city in which the program will be operated.
new text end