2007 Minnesota Statutes

CHAPTER 256I. GROUP RESIDENTIAL HOUSING

256I.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

256I.01 CITATION.
Sections 256I.01 to 256I.06 shall be cited as the "Group Residential Housing Act."
History: 1989 c 282 art 5 s 115; 1992 c 513 art 8 s 33; 1Sp1993 c 1 art 8 s 7

256I.02 PURPOSE.
The Group Residential Housing Act establishes a comprehensive system of rates and
payments for persons who reside in the community and who meet the eligibility criteria under
section 256I.04, subdivision 1.
History: 1989 c 282 art 5 s 116; 1992 c 513 art 8 s 34; 1Sp1993 c 1 art 8 s 8; 1Sp2003
c 14 art 2 s 42

256I.03 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 256I.01 to 256I.06, the terms defined in
this section have the meanings given them.
    Subd. 2. Group residential housing rate. "Group residential housing rate" means a monthly
rate set for shelter, fuel, food, utilities, household supplies, and other costs necessary to provide
room and board for eligible individuals. Group residential housing rate does not include payments
for foster care for children who are not blind, child welfare services, medical care, dental care,
hospitalization, nursing care, drugs or medical supplies, program costs, or other social services.
The rate is negotiated by the county agency according to the provisions of sections 256I.01
to 256I.06.
    Subd. 3. Group residential housing. "Group residential housing" means a group living
situation that provides at a minimum room and board to unrelated persons who meet the eligibility
requirements of section 256I.04. This definition includes foster care settings for a single adult.
To receive payment for a group residence rate, the residence must meet the requirements under
section 256I.04, subdivision 2a.
    Subd. 4.[Repealed, 1Sp1993 c 1 art 8 s 29]
    Subd. 5. MSA equivalent rate. "MSA equivalent rate" means an amount equal to the total of:
(1) the combined maximum shelter and basic needs standards for MSA recipients living
alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph (a); plus
(2) the maximum allotment authorized by the federal Food Stamp Program for a single
individual which is in effect on the first day of July each year; less
(3) the personal needs allowance authorized for medical assistance recipients under section
256B.35.
The MSA equivalent rate is to be adjusted on the first day of July each year to reflect changes
in any of the component rates under clauses (1) to (3).
    Subd. 6. Medical assistance room and board rate. "Medical assistance room and board
rate" means an amount equal to the medical assistance income standard for a single individual
living alone in the community less the medical assistance personal needs allowance under section
256B.35. For the purposes of this section, the amount of the group residential housing rate that
exceeds the medical assistance room and board rate is considered a remedial care cost. A remedial
care cost may be used to meet a spenddown obligation under section 256B.056, subdivision 5. The
medical assistance room and board rate is to be adjusted on the first day of January of each year.
    Subd. 7. Countable income. "Countable income" means all income received by an applicant
or recipient less any applicable exclusions or disregards. For a recipient of any cash benefit from
the SSI program, countable income means the SSI benefit limit in effect at the time the person is
in a GRH setting less $20, less the medical assistance personal needs allowance. If the SSI limit
has been reduced for a person due to events occurring prior to the persons entering the GRH
setting, countable income means actual income less any applicable exclusions and disregards.
History: 1989 c 282 art 5 s 117; 1992 c 513 art 8 s 35,36; 1Sp1993 c 1 art 8 s 9-12; 1995
c 207 art 5 s 28,29

256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENT.
    Subdivision 1. Individual eligibility requirements. An individual is eligible for and entitled
to a group residential housing payment to be made on the individual's behalf if the county agency
has approved the individual's residence in a group residential housing setting and the individual
meets the requirements in paragraph (a) or (b).
(a) The individual is aged, blind, or is over 18 years of age and disabled as determined
under the criteria used by the title II program of the Social Security Act, and meets the resource
restrictions and standards of the supplemental security income program, and the individual's
countable income after deducting the (1) exclusions and disregards of the SSI program, (2) the
medical assistance personal needs allowance under section 256B.35, and (3) an amount equal to
the income actually made available to a community spouse by an elderly waiver recipient under
the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058, subdivision 2, is
less than the monthly rate specified in the county agency's agreement with the provider of group
residential housing in which the individual resides.
(b) The individual meets a category of eligibility under section 256D.05, subdivision 1,
paragraph (a), and the individual's resources are less than the standards specified by section
256D.08, and the individual's countable income as determined under sections 256D.01 to
256D.21, less the medical assistance personal needs allowance under section 256B.35 is less than
the monthly rate specified in the county agency's agreement with the provider of group residential
housing in which the individual resides.
    Subd. 1a. County approval. A county agency may not approve a group residential housing
payment for an individual in any setting with a rate in excess of the MSA equivalent rate for more
than 30 days in a calendar year unless the county agency has developed or approved a plan for
the individual which specifies that:
(1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and
(2) the individual's illness or incapacity requires the services which are available in the
group residence.
The plan must be signed or countersigned by any of the following employees of the county
of financial responsibility: the director of human services or a designee of the director; a social
worker; or a case aide.
    Subd. 1b. Optional state supplements to SSI. Group residential housing payments made
on behalf of persons eligible under subdivision 1, paragraph (a), are optional state supplements
to the SSI program.
    Subd. 1c. Interim assistance. Group residential housing payments made on behalf of
persons eligible under subdivision 1, paragraph (b), are considered interim assistance payments to
applicants for the federal SSI program.
    Subd. 2. Date of eligibility. An individual who has met the eligibility requirements of
subdivision 1, shall have a group residential housing payment made on the individual's behalf
from the first day of the month in which a signed application form is received by a county agency,
or the first day of the month in which all eligibility factors have been met, whichever is later.
    Subd. 2a. License required. A county agency may not enter into an agreement with an
establishment to provide group residential housing unless:
(1) the establishment is licensed by the Department of Health as a hotel and restaurant; a
board and lodging establishment; a residential care home; a boarding care home before March
1, 1985; or a supervised living facility, and the service provider for residents of the facility is
licensed under chapter 245A. However, an establishment licensed by the Department of Health to
provide lodging need not also be licensed to provide board if meals are being supplied to residents
under a contract with a food vendor who is licensed by the Department of Health;
(2) the residence is licensed by the commissioner of human services under Minnesota Rules,
parts 9555.5050 to 9555.6265, or certified by a county human services agency prior to July 1,
1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
(3) the establishment is registered under chapter 144D and provides three meals a day,
or is an establishment voluntarily registered under section 144D.025 as a supportive housing
establishment; or
(4) an establishment voluntarily registered under section 144D.025, other than a supportive
housing establishment under clause (3), is not eligible to provide group residential housing.
The requirements under clauses (1), (2), (3), and (4) do not apply to establishments exempt
from state licensure because they are located on Indian reservations and subject to tribal health
and safety requirements.
    Subd. 2b. Group residential housing agreements. Agreements between county agencies
and providers of group residential housing must be in writing and must specify the name
and address under which the establishment subject to the agreement does business and under
which the establishment, or service provider, if different from the group residential housing
establishment, is licensed by the Department of Health or the Department of Human Services;
the specific license or registration from the Department of Health or the Department of Human
Services held by the provider and the number of beds subject to that license; the address of the
location or locations at which group residential housing is provided under this agreement; the per
diem and monthly rates that are to be paid from group residential housing funds for each eligible
resident at each location; the number of beds at each location which are subject to the group
residential housing agreement; whether the license holder is a not-for-profit corporation under
section 501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections. Group
residential housing agreements may be terminated with or without cause by either the county or
the provider with two calendar months prior notice.
    Subd. 2c. Crisis shelters. Secure crisis shelters for battered women and their children
designated by the Minnesota Department of Corrections are not group residences under this
chapter.
    Subd. 3. Moratorium on the development of group residential housing beds. (a) County
agencies shall not enter into agreements for new group residential housing beds with total rates
in excess of the MSA equivalent rate except: (1) for group residential housing establishments
licensed under Minnesota Rules, parts 9525.0215 to 9525.0355, provided the facility is needed
to meet the census reduction targets for persons with developmental disabilities at regional
treatment centers; (2) to ensure compliance with the federal Omnibus Budget Reconciliation Act
alternative disposition plan requirements for inappropriately placed persons with developmental
disabilities or mental illness; (3) up to 80 beds in a single, specialized facility located in Hennepin
County that will provide housing for chronic inebriates who are repetitive users of detoxification
centers and are refused placement in emergency shelters because of their state of intoxication,
and planning for the specialized facility must have been initiated before July 1, 1991, in
anticipation of receiving a grant from the Housing Finance Agency under section 462A.05,
subdivision 20a , paragraph (b); (4) notwithstanding the provisions of subdivision 2a, for up to
190 supportive housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless
adults with a mental illness, a history of substance abuse, or human immunodeficiency virus or
acquired immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or discharged from a regional treatment center,
community hospital, or residential treatment program and has no appropriate housing available
and lacks the resources and support necessary to access appropriate housing. At least 70 percent
of the supportive housing units must serve homeless adults with mental illness, substance abuse
problems, or human immunodeficiency virus or acquired immunodeficiency syndrome who are
about to be or, within the previous six months, has been discharged from a regional treatment
center, or a state-contracted psychiatric bed in a community hospital, or a residential mental health
or chemical dependency treatment program. If a person meets the requirements of subdivision
1, paragraph (a), and receives a federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under section 256I.05, subdivision 1a,
and is determined by subtracting the amount of the person's countable income that exceeds
the MSA equivalent rate from the group residential housing supplementary rate. A resident
in a demonstration project site who no longer participates in the demonstration program shall
retain eligibility for a group residential housing payment in an amount determined under section
256I.06, subdivision 8, using the MSA equivalent rate. Service funding under section 256I.05,
subdivision 1a , will end June 30, 1997, if federal matching funds are available and the services
can be provided through a managed care entity. If federal matching funds are not available, then
service funding will continue under section 256I.05, subdivision 1a; (5) for group residential
housing beds in settings meeting the requirements of subdivision 2a, clauses (1) and (3), which
are used exclusively for recipients receiving home and community-based waiver services under
sections 256B.0915, 256B.092, subdivision 5, 256B.093, and 256B.49, and who resided in
a nursing facility for the six months immediately prior to the month of entry into the group
residential housing setting. The group residential housing rate for these beds must be set so
that the monthly group residential housing payment for an individual occupying the bed when
combined with the nonfederal share of services delivered under the waiver for that person does
not exceed the nonfederal share of the monthly medical assistance payment made for the person
to the nursing facility in which the person resided prior to entry into the group residential housing
establishment. The rate may not exceed the MSA equivalent rate plus $426.37 for any case; (6)
for an additional two beds, resulting in a total of 32 beds, for a facility located in Hennepin
County providing services for recovering and chemically dependent men that has had a group
residential housing contract with the county and has been licensed as a board and lodge facility
with special services since 1980; (7) for a group residential housing provider located in Stearns
County that operates a 40-bed facility, that received financing through the Minnesota Housing
Finance Agency Ending Long-Term Homelessness Initiative and serves chemically dependent
clientele, providing 24-hour-a-day supervision; (8) for a new 65-bed facility in Crow Wing
County that will serve chemically dependent persons, operated by a group residential housing
provider that currently operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;
(9) for a group residential housing provider that operates two ten-bed facilities, one located
in Hennepin County and one located in Ramsey County, that provide community support and
24-hour-a-day supervision to serve the mental health needs of individuals who have chronically
lived unsheltered; and (10) for a group residential facility in Hennepin County with a capacity
of up to 48 beds that has been licensed since 1978 as a board and lodging facility and that until
August 1, 2007, operated as a licensed chemical dependency treatment program.
    (b) A county agency may enter into a group residential housing agreement for beds with
rates in excess of the MSA equivalent rate in addition to those currently covered under a group
residential housing agreement if the additional beds are only a replacement of beds with rates in
excess of the MSA equivalent rate which have been made available due to closure of a setting, a
change of licensure or certification which removes the beds from group residential housing
payment, or as a result of the downsizing of a group residential housing setting. The transfer of
available beds from one county to another can only occur by the agreement of both counties.
    Subd. 4. Rental assistance. For participants in the Minnesota supportive housing
demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding the
provisions of section 256I.06, subdivision 8, the amount of the group residential housing payment
for room and board must be calculated by subtracting 30 percent of the recipient's adjusted
income as defined by the United States Department of Housing and Urban Development for the
Section 8 program from the fair market rent established for the recipient's living unit by the
federal Department of Housing and Urban Development. This payment shall be regarded as a
state housing subsidy for the purposes of subdivision 3. Notwithstanding the provisions of section
256I.06, subdivision 6, the recipient's countable income will only be adjusted when a change of
greater than $100 in a month occurs or upon annual redetermination of eligibility, whichever is
sooner. The commissioner is directed to study the feasibility of developing a rental assistance
program to serve persons traditionally served in group residential housing settings and report to
the legislature by February 15, 1999.
History: 1989 c 282 art 5 s 118; 1991 c 292 art 2 s 68; 1992 c 513 art 8 s 37; 1Sp1993 c 1
art 8 s 13-21; 1994 c 529 s 16,17; 1995 c 207 art 5 s 30,31; 1996 c 451 art 5 s 34-36; 1997 c 113
s 19; 1998 c 407 art 3 s 18-20; 1999 c 245 art 3 s 39; 2002 c 375 art 2 s 45; 1Sp2003 c 14 art 2 s
43; 2005 c 56 s 1; 2005 c 159 art 5 s 5; 2007 c 147 art 7 s 62

256I.05 MONTHLY RATES.
    Subdivision 1. Maximum rates. Monthly room and board rates negotiated by a county
agency for a recipient living in group residential housing must not exceed the MSA equivalent
rate specified under section 256I.03, subdivision 5.
    Subd. 1a. Supplementary service rates. (a) Subject to the provisions of section 256I.04,
subdivision 3 , the county agency may negotiate a payment not to exceed $426.37 for other
services necessary to provide room and board provided by the group residence if the residence
is licensed by or registered by the Department of Health, or licensed by the Department of
Human Services to provide services in addition to room and board, and if the provider of
services is not also concurrently receiving funding for services for a recipient under a home
and community-based waiver under title XIX of the Social Security Act; or funding from the
medical assistance program under section 256B.0655, subdivision 2, for personal care services for
residents in the setting; or residing in a setting which receives funding under Minnesota Rules,
parts 9535.2000 to 9535.3000. If funding is available for other necessary services through a home
and community-based waiver, or personal care services under section 256B.0655, subdivision 2,
then the GRH rate is limited to the rate set in subdivision 1. Unless otherwise provided in law,
in no case may the supplementary service rate exceed $426.37. The registration and licensure
requirement does not apply to establishments which are exempt from state licensure because
they are located on Indian reservations and for which the tribe has prescribed health and safety
requirements. Service payments under this section may be prohibited under rules to prevent the
supplanting of federal funds with state funds. The commissioner shall pursue the feasibility of
obtaining the approval of the Secretary of Health and Human Services to provide home and
community-based waiver services under title XIX of the Social Security Act for residents who
are not eligible for an existing home and community-based waiver due to a primary diagnosis
of mental illness or chemical dependency and shall apply for a waiver if it is determined to be
cost-effective.
(b) The commissioner is authorized to make cost-neutral transfers from the GRH fund
for beds under this section to other funding programs administered by the department after
consultation with the county or counties in which the affected beds are located. The commissioner
may also make cost-neutral transfers from the GRH fund to county human service agencies for
beds permanently removed from the GRH census under a plan submitted by the county agency
and approved by the commissioner. The commissioner shall report the amount of any transfers
under this provision annually to the legislature.
(c) The provisions of paragraph (b) do not apply to a facility that has its reimbursement rate
established under section 256B.431, subdivision 4, paragraph (c).
    Subd. 1b. Rates for uncertified boarding care homes. Effective July 1, 1992, the maximum
rate specified in subdivision 1 does not apply to a facility which was licensed by the Minnesota
Department of Health as a boarding care home before March 1, 1985, and which is not certified to
receive medical assistance.
    Subd. 1c. Rate increases. A county agency may not increase the rates negotiated for group
residential housing above those in effect on June 30, 1993, except as provided in paragraphs
(a) to (g).
(a) A county may increase the rates for group residential housing settings to the MSA
equivalent rate for those settings whose current rate is below the MSA equivalent rate.
(b) A county agency may increase the rates for residents in adult foster care whose difficulty
of care has increased. The total group residential housing rate for these residents must not exceed
the maximum rate specified in subdivisions 1 and 1a. County agencies must not include nor
increase group residential housing difficulty of care rates for adults in foster care whose difficulty
of care is eligible for funding by home and community-based waiver programs under title XIX
of the Social Security Act.
(c) The room and board rates will be increased each year when the MSA equivalent rate is
adjusted for SSI cost-of-living increases by the amount of the annual SSI increase, less the amount
of the increase in the medical assistance personal needs allowance under section 256B.35.
(d) When a group residential housing rate is used to pay for an individual's room and board,
or other costs necessary to provide room and board, the rate payable to the residence must
continue for up to 18 calendar days per incident that the person is temporarily absent from the
residence, not to exceed 60 days in a calendar year, if the absence or absences have received
the prior approval of the county agency's social service staff. Prior approval is not required for
emergency absences due to crisis, illness, or injury.
(e) For facilities meeting substantial change criteria within the prior year. Substantial change
criteria exists if the group residential housing establishment experiences a 25 percent increase or
decrease in the total number of its beds, if the net cost of capital additions or improvements is in
excess of 15 percent of the current market value of the residence, or if the residence physically
moves, or changes its licensure, and incurs a resulting increase in operation and property costs.
(f) Until June 30, 1994, a county agency may increase by up to five percent the total rate
paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who
reside in residences that are licensed by the commissioner of health as a boarding care home, but
are not certified for the purposes of the medical assistance program. However, an increase under
this clause must not exceed an amount equivalent to 65 percent of the 1991 medical assistance
reimbursement rate for nursing home resident class A, in the geographic grouping in which the
facility is located, as established under Minnesota Rules, parts 9549.0050 to 9549.0058.
(g) For the rate year beginning July 1, 1996, a county agency may increase the total rate paid
for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who reside
in a residence that meets the following criteria:
(1) it is licensed by the commissioner of health as a boarding care home;
(2) it is not certified for the purposes of the medical assistance program;
(3) at least 50 percent of its residents have a primary diagnosis of mental illness;
(4) it has at least 17 beds; and
(5) it provides medication administration to residents.
The rate following an increase under this paragraph must not exceed an amount equivalent to
the average 1995 medical assistance payment for nursing home resident class A under the age of
65, in the geographic grouping in which the facility is located, as established under Minnesota
Rules, parts 9549.0010 to 9549.0080.
    Subd. 1d. Certain facilities for mental illness or chemical dependency; rates.
Notwithstanding the provisions of subdivisions 1a and 1c, a county agency may negotiate a
supplementary service rate in addition to the board and lodging rate for facilities licensed and
registered by the Minnesota Department of Health under section 157.17 prior to December 31,
1996, if the facility meets the following criteria:
(1) at least 75 percent of the residents have a primary diagnosis of mental illness, chemical
dependency, or both, and have related special needs;
(2) the facility provides 24-hour, on-site, year-round supportive services by qualified staff
capable of intervention in a crisis of persons with late-state inebriety or mental illness who are
vulnerable to abuse or neglect;
(3) the services at the facility include, but are not limited to:
(i) secure central storage of medication;
(ii) reminders and monitoring of medication for self-administration;
(iii) support for developing an individual medical and social service plan, updating the plan,
and monitoring compliance with the plan; and
(iv) assistance with setting up meetings, appointments, and transportation to access medical,
chemical health, and mental health service providers;
(4) each resident has a documented need for at least one of the services provided;
(5) each resident has been offered an opportunity to apply for admission to a licensed
residential treatment program for mental illness, chemical dependency, or both, have refused that
offer, and the offer and their refusal has been documented to writing; and
(6) the residents are not eligible for home and community-based services waivers because
of their unique need for community support.
Until June 30, 2002, the supplementary service rate of qualifying facilities under this
subdivision may be increased by up to 15 percent of the supplementary service rate in effect on
January 1, 2001, for the facility. Qualifying facilities with no supplementary service rate may
negotiate a supplementary service rate not to exceed $300 per month.
    Subd. 1e. Supplementary rate for certain facilities. Notwithstanding the provisions of
subdivisions 1a and 1c, beginning July 1, 2005, a county agency shall negotiate a supplementary
rate in addition to the rate specified in subdivision 1, not to exceed $700 per month, including any
legislatively authorized inflationary adjustments, for a group residential housing provider that:
(1) is located in Hennepin County and has had a group residential housing contract with
the county since June 1996;
(2) operates in three separate locations a 75-bed facility, a 50-bed facility, and a 26-bed
facility; and
(3) serves a chemically dependent clientele, providing 24 hours per day supervision and
limiting a resident's maximum length of stay to 13 months out of a consecutive 24-month period.
    Subd. 1f. Supplementary service rate increases on or after July 1, 2001. Until June 30,
2002, the supplementary service rate for recipients of assistance under section 256I.04 who reside
in a residence that is licensed by the commissioner of health as a boarding care home but is not
certified for purposes of the medical assistance program may be increased by up to 32 percent of
the supplementary service rate in effect for that facility on January 1, 2001. The new rate shall
not exceed the nonfederal share of the statewide weighted average monthly medical assistance
nursing facility payment rate for case mix A in effect on January 1, 2001.
    Subd. 1g. Supplementary service rate for certain facilities. On or after July 1, 2005, a
county agency may negotiate a supplementary service rate for recipients of assistance under
section 256I.04, subdivision 1, paragraph (b), who relocate from a homeless shelter licensed and
registered prior to December 31, 1996, by the Minnesota Department of Health under section
157.17, to a supportive housing establishment developed and funded in whole or in part with
funds provided specifically as part of the plan to end long-term homelessness required under Laws
2003, chapter 128, article 15, section 9, not to exceed $456.75.
    Subd. 1h. Supplementary rate for certain facilities serving chemically dependent
males. Notwithstanding subdivisions 1a and 1c, beginning July 1, 2007, a county agency shall
negotiate a supplementary rate in addition to the rate specified in subdivision 1, not to exceed
$737.87 per month, including any legislatively authorized inflationary adjustments, for a group
residential housing provider that:
    (1) is located in Ramsey County and has had a group residential housing contract with the
county since 1982 and has been licensed as a board and lodge facility with special services
since 1979; and
    (2) serves recovering and chemically dependent males, providing 24-hour-a-day supervision.
    Subd. 1i. Supplementary rate for certain facilities; Hennepin County. Notwithstanding
the provisions of subdivisions 1a and 1c, a county agency shall negotiate a supplementary rate
in addition to the rate specified in subdivision 1, not to exceed $700 per month, including any
legislatively authorized inflationary adjustments, up to the available appropriation, for a facility
located in Hennepin County with a capacity of up to 48 beds that has been licensed since 1978
as a board and lodging facility and that until August 1, 2007, operated as a licensed chemical
dependency treatment program.
    Subd. 1j. Supplementary rate for certain facilities; Crow Wing County. Notwithstanding
the provisions of subdivisions 1a and 1c, beginning July 1, 2007, a county agency shall negotiate
a supplementary rate in addition to the rate specified in subdivision 1, not to exceed $700 per
month, including any legislatively authorized inflationary adjustments, for a new 65-bed facility in
Crow Wing County that will serve chemically dependent persons operated by a group residential
housing provider that currently operates a 304-bed facility in Minneapolis and a 44-bed facility
in Duluth which opened in January of 2006.
    Subd. 1k. Supplementary rate for certain facilities; Stearns County. Notwithstanding
the provisions of this section, beginning July 1, 2007, a county agency shall negotiate a
supplementary service rate in addition to the rate specified in subdivision 1, not to exceed $700
per month, including any legislatively authorized inflationary adjustments, for a group residential
housing provider located in Stearns County that operates a 40-bed facility, that received financing
through the Minnesota Housing Finance Agency Ending Long-Term Homelessness Initiative and
serves chemically dependent clientele, providing 24-hour-a-day supervision.
    Subd. 1l. Supplementary rate for certain facilities; St. Louis County. Notwithstanding
the provisions of this section, beginning July 1, 2007, a county agency shall negotiate a
supplementary service rate in addition to the rate specified in subdivision 1, not to exceed $700
per month, including any legislatively authorized inflationary adjustments, for a group residential
housing provider located in St. Louis County that operates a 30-bed facility, that received
financing through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision.
    Subd. 1m. Supplemental rate for certain facilities; Hennepin and Ramsey Counties.
    (a) Notwithstanding the provisions of this section, beginning July 1, 2007, a county agency
shall negotiate a supplemental service rate in addition to the rate specified in subdivision 1,
not to exceed $700 per month or the existing monthly rate, whichever is higher, including any
legislatively authorized inflationary adjustments, for a group residential housing provider that
operates two ten-bed facilities, one located in Hennepin County and one located in Ramsey
County, which provide community support and serve the mental health needs of individuals who
have chronically lived unsheltered, providing 24-hour-per-day supervision.
    (b) An individual who has lived in one of the facilities under paragraph (a), who is being
transitioned to independent living as part of the program plan continues to be eligible for group
residential housing and the supplemental service rate negotiated with the county under paragraph
(a).
    Subd. 2. Monthly rates; exemptions. The maximum group residential housing rate does
not apply to a residence that on August 1, 1984, was licensed by the commissioner of health
only as a boarding care home, certified by the commissioner of health as an intermediate care
facility, and licensed by the commissioner of human services under Minnesota Rules, parts
9520.0500 to 9520.0690. Notwithstanding the provisions of subdivision 1c, the rate paid to
a facility reimbursed under this subdivision shall be determined under section 256B.431, or
under section 256B.434 if the facility is accepted by the commissioner for participation in the
alternative payment demonstration project.
    Subd. 3. Limits on rates. When a group residential housing rate is used to pay for an
individual's room and board, the rate payable to the residence must not exceed the rate paid by an
individual not receiving a group residential housing rate under this chapter.
    Subd. 4.[Repealed, 1Sp1993 c 1 art 8 s 29]
    Subd. 5. Adult foster care rates. The commissioner shall annually establish statewide
maintenance and difficulty of care limits for adults in foster care.
    Subd. 6. Statewide rate setting system. The commissioner shall establish a comprehensive
statewide system of rates and payments for recipients who reside in group residential housing
to be effective as soon as possible. The commissioner may adopt rules to establish this rate
setting system.
    Subd. 7.[Repealed, 1992 c 513 art 8 s 59]
    Subd. 7a.[Repealed, 1992 c 513 art 8 s 59]
    Subd. 7b. Commissioner's duties. The commissioner shall not provide automatic annual
inflation adjustments for group residential housing rates for the fiscal year beginning on July 1,
1993, and for subsequent fiscal years. The commissioner of finance shall include as a budget
change request annual adjustments in reimbursement rates for group residential housing in each
biennial detailed expenditure budget submitted to the legislature under section 16A.11.
    Subd. 7c. Demonstration project. The commissioner is authorized to pursue a demonstration
project under federal food stamp regulation for the purpose of gaining federal reimbursement
of food and nutritional costs currently paid by the state group residential housing program. The
commissioner shall seek approval no later than January 1, 2004. Any reimbursement received
is nondedicated revenue to the general fund.
    Subd. 8. State participation. For a resident of a group residence who is eligible under
section 256I.04, subdivision 1, paragraph (b), state participation in the group residential housing
payment is determined according to section 256D.03, subdivision 2. For a resident of a group
residence who is eligible under section 256I.04, subdivision 1, paragraph (a), state participation in
the group residential housing rate is determined according to section 256D.36.
    Subd. 9.[Repealed, 1Sp 1993 c 1 art 8 s 29]
    Subd. 10.[Repealed, 1Sp1993 c 1 art 8 s 29]
History: 1989 c 282 art 5 s 119; 1990 c 568 art 4 s 59,60; 1991 c 292 art 4 s 71-74; art 6 s
51; 1992 c 363 art 1 s 10; 1992 c 513 art 8 s 38-47; 1Sp1993 c 1 art 8 s 22-26; 1995 c 207 art
5 s 32-34; 1996 c 312 s 1; 1996 c 451 art 2 s 52; art 3 s 8; 1997 c 203 art 3 s 13; art 4 s 60;
3Sp1997 c 3 s 20; 1998 c 407 art 3 s 21; 1999 c 245 art 3 s 40-42; 1Sp2001 c 9 art 13 s 14-16;
2002 c 379 art 1 s 113; 1Sp2002 c 1 s 13; 1Sp2003 c 14 art 2 s 44-46; 2005 c 159 art 5 s 6;
1Sp2005 c 4 art 3 s 13; 2007 c 147 art 7 s 63-68

NOTE: The amendment to subdivision 1 by Laws 2003, First Special Session chapter 14,
article 2, section 44, is effective July 1, 2004, or upon receipt of federal approval of waiver
amendment, whichever is later. Laws 2003, First Special Session chapter 14, article 2, section
44, the effective date.
NOTE:Subdivision 1m as added by Laws 2007, chapter 147, article 7, section 68, is
effective July 1, 2008. Laws 2007, chapter 147, article 7, section 68, the effective date.

256I.051 [Repealed, 1Sp1993 c 1 art 8 s 29]

256I.06 PAYMENT METHODS.
    Subdivision 1. Monthly payments. Monthly payments made on an individual's behalf for
group residential housing must be issued as a voucher or vendor payment.
    Subd. 2. Time of payment. A county agency may make payments to a group residence
in advance for an individual whose stay in the group residence is expected to last beyond the
calendar month for which the payment is made and who does not expect to receive countable
earned income during the month for which the payment is made. Group residential housing
payments made by a county agency on behalf of an individual who is not expected to remain in
the group residence beyond the month for which payment is made must be made subsequent to the
individual's departure from the group residence. Group residential housing payments made by a
county agency on behalf of an individual with countable earned income must be made subsequent
to receipt of a monthly household report form.
    Subd. 3. Filing of application. The county agency must immediately provide an application
form to any person requesting group residential housing. Application for group residential housing
must be in writing on a form prescribed by the commissioner. The county agency must determine
an applicant's eligibility for group residential housing as soon as the required verifications are
received by the county agency and within 30 days after a signed application is received by the
county agency for the aged or blind or within 60 days for the disabled.
    Subd. 4. Verification. The county agency must request, and applicants and recipients must
provide and verify, all information necessary to determine initial and continuing eligibility and
group residential housing payment amounts. If necessary, the county agency shall assist the
applicant or recipient in obtaining verifications. If the applicant or recipient refuses or fails
without good cause to provide the information or verification, the county agency shall deny or
terminate eligibility for group residential housing payments.
    Subd. 5. Redetermination of eligibility. The eligibility of each recipient must be
redetermined at least once every 12 months.
    Subd. 6. Reports. Recipients must report changes in circumstances that affect eligibility
or group residential housing payment amounts within ten days of the change. Recipients with
countable earned income must complete a monthly household report form. If the report form is
not received before the end of the month in which it is due, the county agency must terminate
eligibility for group residential housing payments. The termination shall be effective on the
first day of the month following the month in which the report was due. If a complete report
is received within the month eligibility was terminated, the individual is considered to have
continued an application for group residential housing payment effective the first day of the
month the eligibility was terminated.
    Subd. 7. Determination of rates. The county in which a group residence is located will
determine the amount of group residential housing rate to be paid on behalf of an individual in the
group residence regardless of the individual's county of financial responsibility.
    Subd. 8. Amount of group residential housing payment. The amount of a group residential
housing payment to be made on behalf of an eligible individual is determined by subtracting the
individual's countable income under section 256I.04, subdivision 1, for a whole calendar month
from the group residential housing charge for that same month. The group residential housing
charge is determined by multiplying the group residential housing rate times the period of
time the individual was a resident or temporarily absent under section 256I.05, subdivision 1c,
paragraph (d).
    Subd. 9. Community living adjustment. Effective August 1, 2005, persons eligible for and
residing in group residential housing under section 256I.04 shall receive a group residential
housing community living adjustment of $12 per month.
History: 1989 c 282 art 5 s 120; 1992 c 513 art 8 s 49; 1Sp1993 c 1 art 8 s 27; 1995
c 207 art 5 s 35,36; 1Sp2005 c 4 art 7 s 48

256I.07 RESPITE CARE PILOT PROJECT; FAMILY ADULT FOSTER CARE.
    Subdivision 1. Program established. The state recognizes the importance of developing
and maintaining quality family foster care resources. In order to accomplish that goal, the
commissioner shall establish a two-year respite care pilot project for family adult foster care
providers in three counties. This pilot project is intended to provide support to caregivers of
family adult foster care residents. The commissioner shall establish a state-funded pilot project to
accomplish the provisions in subdivisions 2 to 4.
    Subd. 2. Eligibility. A family adult foster care home provider as defined under section
144D.01, subdivision 7, who has been licensed for six months is eligible for up to 30 days of
respite care per calendar year. In cases of emergency, a county social services agency may waive
the six-month licensing requirement. In order to be eligible to receive respite payment, a provider
must take time off away from their foster care residents.
    Subd. 3. Payment structure. (a) The rate of payment for respite care for an adult foster
care resident eligible for only group residential housing shall be based on the current monthly
group residential housing base room and board rate and the current maximum monthly group
residential housing difficulty of care rate.
(b) The rate of payment for respite care for an adult foster care resident eligible for alternative
care funds shall be based on the resident's alternative care foster care rate.
(c) The rate of payment for respite care for an adult foster care resident eligible for Medicaid
home and community-based services waiver funds shall be based on the group residential housing
base room and board rate.
(d) The total amount available to pay for respite care for a family adult foster care provider
shall be based on the number of residents currently served in the foster care home. Respite care
must be paid for on a per diem basis and for a full day.
    Subd. 4. Private pay residents. Payment for respite care for private pay foster care residents
must be arranged between the provider and the resident or the resident's family.
History: 1Sp2001 c 9 art 3 s 71; 2002 c 379 art 1 s 113

256I.08 COUNTY SHARE FOR CERTAIN NURSING FACILITY STAYS.
Beginning July 1, 2004, if group residential housing is used to pay for a nursing facility
placement due to the facility's status as an Institution for Mental Diseases, the county is liable for
20 percent of the nonfederal share of costs for persons under the age of 65 that have exceeded 90
days.
History: 1Sp2003 c 14 art 3 s 52