SF 2646

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/18/2025 10:04 a.m.

A bill for an act
relating to human services; allowing for alternative licensing inspections for certain
human services programs; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

new text begin [245A.031] ALTERNATIVE LICENSING INSPECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility for an alternative licensing inspection. new text end

new text begin (a) A license holder
who holds a qualifying accreditation may request approval for an alternative licensing
inspection by the commissioner when the standards of the accrediting body are determined
by the commissioner to be the same as or similar to the applicable standards set forth in this
chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters
2960 and 9544.
new text end

new text begin (b) A license holder may request an alternative licensing inspection after the license
holder has had at least one inspection by the commissioner that included a review of all
applicable requirements in this chapter after issuance of the initial license.
new text end

new text begin (c) To be eligible for an alternative licensing inspection, the license holder must be in
substantial and consistent compliance at the time of the request. For purposes of this section,
"substantial and consistent compliance" means:
new text end

new text begin (1) the license holder has not had a license made conditional, suspended, or revoked
within the last five years;
new text end

new text begin (2) there have been no substantiated allegations of maltreatment for which the facility
was determined responsible within the past five years; and
new text end

new text begin (3) the license holder has corrected all violations and submitted required documentation
as specified in any correction orders issued within the past two years.
new text end

new text begin (d) To be eligible for an alternative licensing inspection, a license holder must be a
qualified residential treatment program as defined in section 260C.007, subdivision 26d; a
psychiatric residential treatment facility under section 256B.0941; or a certified community
behavioral health clinic certified under section 245.735.
new text end

new text begin Subd. 2. new text end

new text begin Qualifying accreditation; determination of same and similar standards. new text end

new text begin (a)
The commissioner must accept a qualifying accreditation from an accrediting body listed
in paragraph (c) after determining, in consultation with the accrediting body and license
holders, which of the accrediting body's standards are the same as or similar to the licensing
requirements in this chapter. In determining whether standards of an accrediting body are
the same as or similar to applicable licensing requirements under this chapter; chapters
245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters 2960 and 9544,
the commissioner must give due consideration to the existence of a standard that aligns in
whole or in part to a licensing standard.
new text end

new text begin (b) Upon request by a license holder, the commissioner may allow the accrediting body
to monitor for compliance with applicable licensing requirements under this chapter; chapters
245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters 2960 and 9544,
that are determined to be neither the same as nor similar to those of the accrediting body.
new text end

new text begin (c) For purposes of this section, "accrediting body" means the Joint Commission, the
Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation.
new text end

new text begin (d) Qualifying accreditation only applies to the license holder's licensed programs that
are included in the accrediting body's survey during each survey period.
new text end

new text begin Subd. 3. new text end

new text begin Request for approval of an alternative licensing inspection status. new text end

new text begin (a) If a
license holder wants to request an alternative licensing inspection, the license holder must
make that request on the forms and in the manner prescribed by the commissioner. When
submitting the request, the license holder must submit all documentation issued by the
accrediting body verifying that the license holder has obtained and maintained the qualifying
accreditation and has complied with recommendations or requirements from the accrediting
body during the period of accreditation. Prior to approving an alternative licensing inspection
under this section, the commissioner must have reviewed and approved the license holder's
policies and procedures required to demonstrate compliance with all applicable requirements
in this chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules,
chapters 2960 and 9544.
new text end

new text begin (b) The commissioner must notify the license holder in writing within 90 days whether
the request for an alternative licensing inspection status has been approved.
new text end

new text begin Subd. 4. new text end

new text begin Programs approved for an alternative licensing inspection; licensing
requirements. new text end

new text begin (a) A license holder approved for an alternative licensing inspection under
this section is required to maintain compliance with all licensing standards according to this
chapter.
new text end

new text begin (b) After approval, the license holder must submit to the commissioner changes to
policies required as a result of legislative changes to this chapter.
new text end

new text begin (c) The commissioner may conduct licensing inspections of requirements that are not
already covered by the accrediting body, as determined under subdivision 2, paragraphs (a)
and (b), including applicable requirements in this chapter; chapters 245C, 256B, and 260C;
section 245.735; and Minnesota Rules, chapters 2960 and 9544.
new text end

new text begin (d) The commissioner may conduct routine licensing inspections every five years,
scheduled on an alternating basis with accreditation reviews, of all applicable requirements
in this chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules,
chapters 2960 and 9544.
new text end

new text begin (e) Within ten days of receipt of the final report by the accrediting body, including if
applicable final approval of a corrective action plan, the license holder must mail or email
the complete contents of all survey results and corrective responses to the commissioner.
new text end

new text begin (f) If the accrediting body determines the scope of noncompliance of a standard with a
pattern of widespread moderate likelihood to harm a client or any high likelihood to harm
a client, the commissioner may conduct an inspection.
new text end

new text begin (g) If the accrediting body does not subject a licensed location to a survey by the
accrediting body, the license holder must inform the commissioner and the commissioner
may conduct an inspection of that location.
new text end

new text begin (h) Upon receipt of a complaint or report regarding the services of a license holder
approved for an alternative licensing inspection under this section, the commissioner may
investigate the complaint or report and may take any action as provided under section
245A.06 or 245A.07.
new text end

new text begin (i) The license holder must notify the commissioner in a timely manner if the license
holder no longer holds a qualifying accreditation from an accrediting body.
new text end

new text begin Subd. 5. new text end

new text begin Investigations of alleged or suspected maltreatment. new text end

new text begin Nothing in this section
changes the commissioner's responsibilities to investigate alleged or suspected maltreatment
of a minor under chapter 260E or a vulnerable adult under section 626.557.
new text end

new text begin Subd. 6. new text end

new text begin Termination or denial of subsequent approval. new text end

new text begin The commissioner may
terminate the approval of an alternative licensing inspection if after approval:
new text end

new text begin (1) the commissioner determines that the license holder has not maintained the qualifying
accreditation;
new text end

new text begin (2) the license holder fails to provide the commissioner with documentation that
demonstrates the license holder has complied with accreditation standards;
new text end

new text begin (3) the commissioner substantiates maltreatment for which the license holder or facility
is determined to be responsible; or
new text end

new text begin (4) the license holder is issued an order for conditional license, fine, suspension, or
license revocation that has not been reversed upon appeal.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin The commissioner's decision that the conditions for approval for an
alternative licensing inspection have not been met is final and not subject to appeal under
the provisions of chapter 14.
new text end