SF 1471

Introduction - 87th Legislature (2011 - 2012)

Posted on 02/23/2012 09:41 a.m.

A bill for an act
relating to human services; modifying foster care housing settings; establishing
local planning grants; reducing lead agency waiver allocations; reducing rates
for congregate living setting in certain situations; amending Minnesota Statutes
2010, section 245A.03, subdivision 7.

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

Section 1.

Minnesota Statutes 2010, section 245A.03, subdivision 7, is amended to
read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center;

(4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or

(5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.

(b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area in which the licensee seeks
to operate, and the recommendation of the local county board. The determination by
the commissioner must be final. A determination of need is not required for a change
in ownership at the same address. new text begin The commissioner shall redetermine the need for
licensed foster homes defined under this subdivision for persons served through programs
authorized under sections 256B.092 and 256B.49 at least every four years. In determining
the need for licensed capacity, the commissioner shall consider the needs of the individual,
corporate foster care capacity, and distribution of and access to the services throughout
the state. The commissioner shall provide the necessary guidance to local agencies and
providers for determinations made under this subdivision. The commissioner's denial of
a license according to this section is not subject to the provisions of section 245A.05 or
245A.08.
new text end

(c) Residential settings that would otherwise be subject to the moratorium established
in paragraph (a), that are in the process of receiving an adult or child foster care license as
of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
or child foster care license. For this paragraph, all of the following conditions must be met
to be considered in the process of receiving an adult or child foster care license:

(1) participants have made decisions to move into the residential setting, including
documentation in each participant's care plan;

(2) the provider has purchased housing or has made a financial investment in the
property;

(3) the lead agency has approved the plans, including costs for the residential setting
for each individual;

(4) the completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and

(5) the needs of the individuals cannot be met within the existing capacity in that
county.

To qualify for the process under this paragraph, the lead agency must submit
documentation to the commissioner by August 1, 2009, that all of the above criteria are
met.

(d) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:

(1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;

(2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and

(3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.

Sec. 2. new text begin LOCAL PLANNING GRANTS FOR ALTERNATIVES TO
CONGREGATE LIVING.
new text end

new text begin The commissioner shall make available a total of $250,000 per year in local
planning grants, beginning July 1, 2011, to assist lead agencies and provider organizations
in developing alternatives to congregate living within the available level of resources for
the home and community-based services waivers for persons with disabilities.
new text end

Sec. 3. new text begin REDUCTION OF LEAD AGENCY WAIVER.
new text end

new text begin Beginning October 1, 2011, the commissioner shall reduce lead agency waiver
allocations to implement the reduction of rates for individuals with lower needs who are
living in foster care settings that are not the primary residence of the license holder and
who are on the community alternatives for disabled individuals, developmental disabilities,
and traumatic brain injury waivers, and customized living settings for community
alternatives for disabled individuals and individuals with traumatic brain injuries.
new text end

Sec. 4. new text begin REDUCTION IN RATES FOR CONGREGATE LIVING SETTING FOR
INDIVIDUALS WITH LOW NEEDS.
new text end

new text begin Effective October 1, 2011, lead agencies must reduce rates in effect on January 1,
2011, by 20 percent for individuals with lower needs as defined by the commissioner of
human services and who live in foster care settings that are not the primary residence
of the license holder and are on the community alternatives for disabled individuals,
developmental disabilities, and traumatic brain injury waivers, and customized living
settings for community alternatives for disabled individuals and individuals with traumatic
brain injuries. Lead agencies must adjust contracts within 60 days of the effective date.
Foster care providers affected by this reduction may, in conjunction with the case manager,
adjust services for these individuals to correspond with the rate reduction in this section.
new text end

Sec. 5. new text begin TECHNOLOGY AND OTHER GRANTS FOR ALTERNATIVES TO
FOSTER CARE RESIDENTIAL SERVICE MODELS.
new text end

new text begin $250,000 in fiscal year 2012 and $250,000 in fiscal year 2013 are for technology
grants, case consultation, evaluation, consumer information, and provider start-up grants
related to developing and supporting alternatives to shift-staff foster care residential
service models.
new text end