1.1                          A bill for an act 
  1.2             relating to human services; expanding adult foster 
  1.3             care license capacity; amending Minnesota Statutes 
  1.4             2002, section 245A.11, subdivision 2a.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 245A.11, 
  1.7   subdivision 2a, is amended to read: 
  1.8      Subd. 2a.  [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An 
  1.9   adult foster care license holder may have a maximum license 
  1.10  capacity of five if all persons in care are age 55 or over and 
  1.11  do not have a serious and persistent mental illness or a 
  1.12  developmental disability.  
  1.13     (b) The commissioner may grant variances to paragraph (a) 
  1.14  to allow a foster care provider with a licensed capacity of five 
  1.15  persons to admit an individual under the age of 55 if the 
  1.16  variance complies with section 245A.04, subdivision 9, and 
  1.17  approval of the variance is recommended by the county in which 
  1.18  the licensed foster care provider is located. 
  1.19     (c) The commissioner may grant variances to paragraph (a) 
  1.20  to allow the use of a fifth bed for emergency crisis services 
  1.21  for a person with serious and persistent mental illness or a 
  1.22  developmental disability, regardless of age, if the variance 
  1.23  complies with section 245A.04, subdivision 9, and approval of 
  1.24  the variance is recommended by the county in which the licensed 
  1.25  foster care provider is located. 
  2.1      (d) The commissioner may grant variances to paragraph (a) 
  2.2   to allow the use of a sixth bed for facilities that provide 
  2.3   24-hour awake care to persons who are unable to live 
  2.4   independently in the community because of their HIV/AIDS status 
  2.5   or related health conditions, or other health condition, 
  2.6   regardless of the age of any of the persons in the home, if the 
  2.7   variance complies with section 245A.04, subdivision 9, and 
  2.8   approval of the variance is recommended by the county in which 
  2.9   the licensed foster care provider is located. 
  2.10     (e) Notwithstanding paragraph (a), the commissioner may 
  2.11  issue an adult foster care license with a capacity of six adults 
  2.12  when the capacity is recommended by the county licensing agency 
  2.13  of the county in which the facility is located and if the 
  2.14  recommendation verifies that: 
  2.15     (1) the facility meets the physical environment 
  2.16  requirements in the adult foster care licensing rule; 
  2.17     (2) the six-bed living arrangement is specified for each 
  2.18  resident in the resident's:  (i) individualized plan of care; 
  2.19  (ii) individual service plan under section 256B.092, subdivision 
  2.20  1b, if required; or (iii) individual resident placement 
  2.21  agreement under Minnesota Rules, part 9555.5105, subpart 19, if 
  2.22  required; and 
  2.23     (3) the license holder obtains written and signed informed 
  2.24  consent from each resident or each resident's legal 
  2.25  representative documenting the resident's informed choice to 
  2.26  living in the home and that the resident's refusal to consent 
  2.27  would not have resulted in service termination.