Minnesota Legislature
HF 1580
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/01/2007 |
Current Version - as introduced
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A bill for an act
relating to human services; modifying adult foster care and family adult day
services license requirements; amending Minnesota Statutes 2006, sections
245A.11, subdivision 2b; 245A.143, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 245A.11, subdivision 2b, is amended to
read:
Subd. 2b.
Adult foster care; family adult day services.
An adult foster care
license holder licensed under the conditions in subdivision 2a may also provide family
adult day care for adults deleted text begin age 55deleted text end new text begin age 18 new text end or over if no persons in the adult foster or family
adult day services program have a serious and persistent mental illness or a developmental
disability. Family adult day services provided in a licensed adult foster care setting must
be provided as specified under section 245A.143. Authorization to provide family adult
day services in the adult foster care setting shall be printed on the license certificate by
the commissioner. Adult foster care homes licensed under this section and family adult
day services licensed under section 245A.143 shall not be subject to licensure by the
commissioner of health under the provisions of chapter 144, 144A, 157, or any other
law requiring facility licensure by the commissioner of health. new text begin A separate license is not
required to provide family adult day services in a licensed adult foster care home.
new text end
Sec. 2.
Minnesota Statutes 2006, section 245A.143, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) The licensing standards in this section must be met to
obtain and maintain a license to provide family adult day services. For the purposes of this
section, family adult day services means a program operating fewer than 24 hours per day
that provides functionally impaired adultsnew text begin age 18 or oldernew text end , none of which deleted text begin are under age
55,deleted text end have serious or persistent mental illnessdeleted text begin ,deleted text end or have developmental disabilities, with an
individualized and coordinated set of services including health services, social services,
and nutritional services that are directed at maintaining or improving the participants'
capabilities for self-care.
(b) A family adult day services license shall only be issued when the services are
provided in the license holder's primary residence, and the license holder is the primary
provider of care. The license holder may not serve more than eight adults at one time,
including residents, if any, served under a license issued under Minnesota Rules, parts
9555.5105 to 9555.6265.
(c) An adult foster care license holder may provide family adult day services new text begin under
the license holder's adult foster care license new text end if the license holder meets the requirements
of this section.
(d) When an applicant or license holder submits an application for initial licensure
or relicensure for both adult foster care and family adult day services, the county agency
shall process the request as a single application and shall conduct concurrent routine
licensing inspections.
(e) Adult foster care license holders providing family adult day services under deleted text begin theirdeleted text end
new text begin the license holder's adult new text end foster care license on March 30, 2004, shall be permitted to
continue providing these services with no additional requirements until their adult foster
care license is due for renewal. At the time of relicensure, an adult foster care license
holder may continue to provide family adult day services new text begin under the license holder's adult
foster care license new text end upon demonstration of compliance with this section. Adult foster care
license holders who provide only family adult day services on August 1, 2004, may apply
for a license under this section instead of an adult foster care license.