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HF 1012

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 03:54pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2015
1st Engrossment Posted on 03/09/2015
2nd Engrossment Posted on 03/23/2015

Current Version - 2nd Engrossment

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A bill for an act
relating to human services; modifying residency ratio restrictions for home and
community-based settings; amending Minnesota Statutes 2014, section 256B.492.

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

Section 1.

Minnesota Statutes 2014, section 256B.492, is amended to read:


256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
WITH DISABILITIES.

(a) Individuals receiving services under a home and community-based waiver under
section 256B.092 or 256B.49 may receive services in the following settings:

(1) deleted text begin an individual's own home or familydeleted text end homenew text begin and community-based settings
that comply with all requirements identified by the federal Centers for Medicare and
Medicaid Services in the final home and community-based services regulations, and
with the requirements of the federally approved transition plan for each home and
community-based services waiver
new text end ;new text begin and
new text end

(2) deleted text begin a licensed adult foster care or child foster care setting of up to five people or
community residential setting of up to five people; and
deleted text end new text begin settings required by the Housing
Opportunities for Persons with AIDS Program.
new text end

deleted text begin (3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities may reside in all of the units in a building of four or fewer units,
and who receive services under a home and community-based waiver occupy no more
than the greater of four or 25 percent of the units in a multifamily building of more than
four units, unless required by the Housing Opportunities for Persons with AIDS Program.
deleted text end

(b) The settings in paragraph (a) must notdeleted text begin :
deleted text end

deleted text begin (1) be located in a building that is a publicly or privately operated facility that
provides institutional treatment or custodial care;
deleted text end

deleted text begin (2) be located in a building on the grounds of or adjacent to a public or private
institution;
deleted text end

deleted text begin (3) be a housing complex designed expressly around an individual's diagnosis or
disability, unless required by the Housing Opportunities for Persons with AIDS Program;
deleted text end

deleted text begin (4) be segregated based on a disability, either physically or because of setting
characteristics, from the larger community; and
deleted text end

deleted text begin (5)deleted text end have the qualities of an institution which include, but are not limited to:
regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
agreed to and documented in the person's individual service plan shall not result in a
residence having the qualities of an institution as long as the restrictions for the person are
not imposed upon others in the same residence and are the least restrictive alternative,
imposed for the shortest possible time to meet the person's needs.

(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
individuals receive services under a home and community-based waiver as of July 1,
2012, and the setting does not meet the criteria of this section.

(d) Notwithstanding paragraph (c), a program in Hennepin County established as
part of a Hennepin County demonstration project is qualified for the exception allowed
under paragraph (c).

(e) Notwithstanding paragraphs (a) and (b), a program in Hennepin County, located
in the city of Golden Valley, within the city of Golden Valley's Highway 55 West
redevelopment area, that is not a provider-owned or controlled home and community-based
setting, and is scheduled to open by July 1, 2016, is exempt from the restrictions in
paragraphs (a) and (b). If the program fails to comply with the Centers for Medicare and
Medicaid Services rules for home and community-based settings, the exemption is void.

(f) The deleted text begin commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012
deleted text end new text begin exceptions granted under paragraphs (c), (d), and (e) expire on March
17, 2019
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end