HF 1992

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:38pm

A bill for an act
relating to human services; establishing an exception process to the requirements
for home and community-based waiver housing programs; amending Minnesota
Statutes 2013 Supplement, section 256B.492.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:

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

new text begin Subdivision 1. new text end

new text begin Home and community-based waivers. new text end

(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) an individual's own home or family home;

(2) a licensed adult foster care or child foster care setting of up to five people; and

(3) community living settings as defined in section 256B.49, subdivision 23, where
individuals with disabilities new text begin who are receiving services under a home and community-based
waiver new text end may reside in all of the units in a building of four or fewer units, and 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.

(b) The settings in paragraph (a) must not:

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

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

(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;

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

(5) 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) The commissioner shall submit an amendment to the waiver plan no later than
December 31, 2012.

new text begin Subd. 2. new text end

new text begin Exceptions for home and community-based waiver housing programs.
new text end

new text begin (a) Beginning no later than January 2015, based on the consultation with interested
stakeholders as specified in subdivision 3, the commissioner shall accept and process
applications for exceptions to subdivision 1 based on the criteria in this subdivision.
new text end

new text begin (b) An owner, operator, or developer of a community living setting may apply to
the commissioner for the granting of an exception from the requirement in subdivision
1, paragraph (a), clause (3), that individuals receiving services under a home and
community-based waiver under section 256B.092 or 256B.49 may only reside in all of the
units in a building of four or fewer units, and no more than the greater of four or 25 percent
of the units in a multifamily building of more than four units and from the requirement
in subdivision 1, paragraph (b), clause (3), that a setting cannot be a housing complex
designed expressly around an individual's diagnosis or disability. Such an exception from
the requirements in subdivision 1, paragraphs (a), clause (3), and (b), clause (3), may be
granted when the organization requesting the exception submits to the commissioner an
application providing the information requested in subdivision 2, paragraph (c). The
exception shall require that housing costs be separated from service costs and allow the
client to choose the vendor who provides personal services under the client's waiver.
new text end

new text begin (c) A community living setting application for an exemption must provide the
following information and affirmations:
new text end

new text begin (1) affirms the community living setting materially meets all the requirements for
home and community-based settings in paragraph (b) other than clause (3);
new text end

new text begin (2) explains the scope and necessity of the exception, including documentation of
the characteristics of the population to be served and the demand for the number of units
the applicant anticipates will be occupied by individuals receiving services under a home
and community-based waiver in the proposed setting;
new text end

new text begin (3) explains how the community living setting supports all individuals receiving
services under a home and community-based waiver in choosing the setting from
among other options and the availability of those other options in the community for
the specific population the program proposes to serve, and outlines the proposed rents
and service costs, if any, of services to be provided by the applicant and addresses the
cost-effectiveness of the model proposed; and
new text end

new text begin (4) includes a quality assurance plan affirming that the organization requesting
the exception:
new text end

new text begin (i) supports or develops scattered-site alternatives to the setting for which the
exception is requested;
new text end

new text begin (ii) supports the transition of individuals receiving services under a home and
community-based waiver to the most integrated setting appropriate to the individual's
needs;
new text end

new text begin (iii) has a history of meeting recognized quality standards for the population it serves
or is targeting, or that it will meet recognized quality standards;
new text end

new text begin (iv) provides and facilitates for tenants receiving services under a home and
community-based waiver unlimited access to the community, including opportunities to
interact with nonstaff people without disabilities, appropriate to the individual's needs; and
new text end

new text begin (v) supports a safe and healthy environment for all individuals living in the setting.
new text end

new text begin (d) In assessing whether to grant the applicant's exception request, the commissioner
shall:
new text end

new text begin (1) evaluate all of the assertions in the application, verify the assertions are accurate,
and ensure that the application is complete;
new text end

new text begin (2) consult with all divisions in the Department of Human Services relevant to the
specific populations being served by the applicant and the Minnesota Housing Finance
Agency;
new text end

new text begin (3) within 30 days of receiving the application notify the city, county, and local press
of the 14-day public comment period to consider community input on the application,
including input from tenants, potential tenants, and other interested stakeholders;
new text end

new text begin (4) within 60 days of receiving the application issue an approval, conditional
approval, or denial of the exception sought; and
new text end

new text begin (5) accept and process applications from settings throughout the calendar year.
new text end

new text begin If conditional approval is granted under this section, the commissioner must specify
the reasons for conditional approval of the exception and allow the applicant 30 days
to amend the application and issue a renewed decision within 15 days of receiving the
amended application. If the commissioner denies an exception under this section, the
commissioner must specify reasons for denial of the exception.
new text end

new text begin (e) If the applicant's exception is approved, the setting must inform the commissioner
of any material changes that occur in the conditions that warranted the approved exception.
Failure to advise the commissioner within 60 days of the material changes may result in
revocation of the exception. Upon a determination by the commissioner that a material
modification has been made, the exception may be suspended and the setting shall have 90
days to correct modifications resulting in the suspension. After an applicant's exception is
approved, any material change in the population to be served or the services to be offered
must be submitted to the commissioner who shall decide if it is consistent with the basis
on which the exception was granted or if another exception request needs to be submitted.
new text end

new text begin (f) If an exception is approved and later revoked, no tenant shall be displaced as a
result of this revocation until a relocation plan has been implemented that provides for an
acceptable alternative placement.
new text end

new text begin (g) Notwithstanding the above provision, no organization that meets the requirements
under subdivision 1 shall be required to apply for an exception described in subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Public input on exception process. new text end

new text begin The commissioner shall consult
with interested stakeholders to develop a plan for implementing the exceptions process
described in subdivision 2. The implementation plan for the applications shall be based
upon the criteria in subdivision 2 and any other information necessary to manage the
exceptions process. The commissioner must consult with representatives from each
relevant division of the Department of Human Services, The Coalition for Choice in
Housing, NAMI, The Arc Minnesota, Mental Health Association of Minnesota, Minnesota
Disability Law Center, and other provider organizations, counties, disability advocates,
and individuals with disabilities or family members of an individual with disabilities.
new text end