2003 Minnesota Statutes

     252.28 Commissioner of human services; duties. 

    Subdivision 1.    Determinations; redeterminations.  In 
 conjunction with the appropriate county boards, the commissioner 
 of human services shall determine, and shall redetermine at 
 least every four years, the need, location, size, and program of 
 public and private day training and habilitation services for 
 persons with mental retardation or related conditions.  This 
 subdivision does not apply to semi-independent living services 
 and residential-based habilitation services provided to four or 
 fewer persons at a single site funded as home and 
 community-based services.  A determination of need shall not be 
 required for a change in ownership.  

    Subd. 2.    Rules; program standards; licenses.  The 
 commissioner of human services shall: 

    (1) Establish uniform rules and program standards for each 
 type of residential and day facility or service for persons with 
 mental retardation or related conditions, including state 
 hospitals under control of the commissioner and serving persons 
 with mental retardation or related conditions, and excluding 
 persons with mental retardation or related conditions residing 
 with their families. 

    (2) Grant licenses according to the provisions of Laws 
 1976, chapter 243, sections 2 to 13. 

    Subd. 3.    Licensing determinations.  (1) No new 
 license shall be granted pursuant to this section when the 
 issuance of the license would substantially contribute to an 
 excessive concentration of community residential facilities 
 within any town, municipality or county of the state. 

    (2) In determining whether a license shall be issued 
 pursuant to this subdivision, the commissioner of human services 
 shall specifically consider the population, size, land use plan, 
 availability of community services and the number and size of 
 existing public and private community residential facilities in 
 the town, municipality or county in which a licensee seeks to 
 operate a residence.  Under no circumstances may the 
 commissioner newly license any facility pursuant to this section 
 except as provided in section 245A.11.  The commissioner of 
 human services shall establish uniform rules to implement the 
 provisions of this subdivision. 

    (3) Licenses for community facilities and services shall be 
 issued pursuant to section 245.821. 

    (4) No new license shall be granted for a residential 
 program that provides home and community-based waivered services 
 to more than four individuals at a site, except as authorized by 
 the commissioner for emergency situations that would result in 
 the placement of individuals into regional treatment centers.  
 Such licenses shall not exceed 24 months.  

    (5) The commissioner shall not approve a determination of 
 need application that requests that an existing residential 
 program license under Minnesota Rules, parts 9525.0215 to 
 9525.0355 be modified in a manner that would result in the 
 issuance of two or more licenses for the same residential 
 program at the same location.  

    Subd. 3a.    Licensing exception.  (a) Notwithstanding 
 the provisions of subdivision 3, the commissioner may license 
 service sites, each accommodating up to six residents moving 
 from a 48-bed intermediate care facility for persons with mental 
 retardation or related conditions located in Dakota County that 
 is closing under section 252.292. 

    (b) Notwithstanding the provisions of any other state law 
 or administrative rule, the rate provisions of section 256I.05, 
 subdivision 1, apply to the exception in this subdivision. 

    (c) If a service site is licensed for six persons according 
 to this subdivision, the capacity of the license may remain at 
 six persons. 

    Subd. 3b.    Olmsted County licensing exemption.  (a) 
 Notwithstanding subdivision 3, the commissioner may license 
 service sites each accommodating up to five residents moving 
 from a 43-bed intermediate care facility for persons with mental 
 retardation or related conditions located in Olmsted County that 
 is closing under section 252.292. 

    (b) Notwithstanding the provisions of any other state law 
 or administrative rule, the rate provisions of section 256I.05, 
 subdivision 1, apply to the exception in this subdivision. 

    (c) If a service site is licensed for five persons 
 according to this subdivision, the capacity of the license may 
 remain at five persons. 

    Subd. 4.    Rules; decertification of beds.  The 
 commissioner shall promulgate in rule criteria for 
 decertification of beds in intermediate care facilities for 
 persons with mental retardation or related conditions, and shall 
 encourage providers in voluntary decertification efforts.  The 
 commissioner shall not recommend to the commissioner of health 
 the involuntary decertification of an intermediate care facility 
 for beds for persons with mental retardation or related 
 conditions prior to the availability of appropriate services for 
 those residents affected by the decertification.  The 
 commissioner of health shall decertify those intermediate care 
 beds determined to be not needed by the commissioner of human 
 services.  

    Subd. 5.    Appeals.  A county may appeal a 
 determination of need, size, location, or program according to 
 chapter 14.  Notice of appeals must be provided to the 
 commissioner within 30 days after the receipt of the 
 commissioner's determination.  

    HIST: 1971 c 229 s 1; 1975 c 60 s 1; 1976 c 149 s 50; 1976 c 
 243 s 14; 1980 c 612 s 2; 1983 c 312 art 9 s 2; 1984 c 654 art 5 
 s 58; 1985 c 21 s 36; 1985 c 248 s 70; 1Sp1985 c 9 art 2 s 28; 
 1989 c 209 art 2 s 1; 1991 c 292 art 6 s 35-37; 1992 c 513 art 9 
 s 21; 1997 c 203 art 3 s 5; 1999 c 159 s 31; 1999 c 245 art 3 s 
 9; 2000 c 474 s 5; 2000 c 488 art 9 s 5; 2001 c 203 s 3,4