HF 245

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; allowing counties to recoup costs of background
studies and licensing inspections for foster care providers; allowing the
certification of adult foster care license holders to provide services to certain
related individuals; providing for Medicaid reimbursement; amending Minnesota
Statutes 2006, sections 245A.10, subdivision 2; 256B.0919, by adding a
subdivision; 256B.092, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to
read:

Subd. 2.

County fees for background studies and licensing inspections.

(a) For
purposes of family and group family child care licensing under this chapter, a county
agency may charge a fee to an applicant or license holder to recover the actual cost of
background studies, but in any case not to exceed $100 annually. A county agency may
also charge a fee to an applicant or license holder to recover the actual cost of licensing
inspections, but in any case not to exceed $150 annually.

(b) A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies completed
under section 119B.125, but in any case not to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

new text begin (e) For purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate license
holder to recover the actual cost of background studies. A county agency may also charge
a fee to a corporate applicant or corporate license holder to recover the actual cost of
licensing inspections, not to exceed $500 annually.
new text end

new text begin (f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances: (1) in cases of financial hardship; (2) if the county has a shortage
of providers in the county's area; or (3) for new providers.
new text end

Sec. 2.

Minnesota Statutes 2006, section 256B.0919, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin County certification; licensed providers; related individual;
developmentally disabled. new text end

new text begin (a) Notwithstanding any provision to the contrary, a county
may certify an adult foster care license holder to provide foster care services to an
individual with a developmental disability, who is related to the provider, if the following
conditions are met:
new text end

new text begin (1) the individual is 18 years of age or older;
new text end

new text begin (2) the individual's service plan meets the standards of section 256B.092 and
specifies any special conditions necessary to prevent a conflict of interest for the provider;
new text end

new text begin (3) the provider is not the legal guardian or conservator of the related individual;
new text end

new text begin (4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to
9555.6265, to serve unrelated foster care recipients;
new text end

new text begin (5) the provider maintains a license under chapter 245B; and
new text end

new text begin (6) the county certifies the provider meets the adult foster care provider standards
established in Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided
to the related individual.
new text end

new text begin (b) The county shall complete an annual certification review to ensure compliance
with paragraph (a), clauses (1) to (6).
new text end

new text begin (c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care
provider certified by the county under this subdivision may be reimbursed for room and
board costs through the group residential housing program.
new text end

Sec. 3.

Minnesota Statutes 2006, section 256B.092, is amended by adding a
subdivision to read:

new text begin Subd. 4d. new text end

new text begin Medicaid reimbursement; licensed provider; related individuals. new text end

new text begin The
commissioner shall seek a federal amendment to the home and community-based services
waiver for individuals with developmental disabilities, to allow Medicaid reimbursement
for the provision of supported living services to a related individual when the following
conditions have been met:
new text end

new text begin (1) the individual is 18 years of age or older;
new text end

new text begin (2) the provider is certified initially and annually thereafter, by the county, as
meeting the provider standards established in chapter 245B and the federal waiver plan;
new text end

new text begin (3) the provider has been certified by the county as meeting the adult foster care
provider standards established in Minnesota Rules, parts 9555.5105 to 9555.6265;
new text end

new text begin (4) the provider is not the legal guardian or conservator of the related individual; and
new text end

new text begin (5) the individual's service plan meets the standards of section 256B.092 and
specifies any special conditions necessary to prevent a conflict of interest for the provider.
new text end