HF 2102

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing provisions for 
  1.3             adult foster care licensure; amending Minnesota 
  1.4             Statutes 2002, sections 245A.11, by adding a 
  1.5             subdivision; 256B.0919, subdivisions 1, 2, by adding a 
  1.6             subdivision; Minnesota Statutes 2003 Supplement, 
  1.7             section 245A.11, subdivision 2b. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  245A.11, subdivision 2b, is amended to read: 
  1.11     Subd. 2b.  [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An 
  1.12  adult foster care license holder licensed under the conditions 
  1.13  in subdivision 2a may also provide family adult day care for 
  1.14  adults age 55 18 or over if no persons in the adult foster or 
  1.15  adult family day care program have a serious and persistent 
  1.16  mental illness or a developmental disability.  
  1.17     Subd. 2c.  [CAPACITY AND LICENSURE OF ADULT FOSTER CARE; 
  1.18  FAMILY ADULT DAY CARE.] The maximum combined capacity for adult 
  1.19  foster care and family adult day care is five adults, except 
  1.20  that the commissioner may grant a variance for a family adult 
  1.21  day care provider to may admit up to seven individuals for day 
  1.22  care services and one individual for respite care services, 
  1.23  if all of the following requirements are met:  (1) the variance 
  1.24  complies with section 245A.04, subdivision 9; (2) a second 
  1.25  caregiver is present whenever six or more clients are being 
  1.26  served; and (3) the variance is recommended by the county social 
  2.1   service agency in the county where the provider is located.  A 
  2.2   separate license is not required to provide family adult day 
  2.3   care under this subdivision and subdivision 2b.  Adult foster 
  2.4   care and family adult day care homes providing services to five 
  2.5   adults under this section shall not be subject to licensure by 
  2.6   the commissioner of health under the provisions of chapter 144, 
  2.7   144A, 157, or any other law requiring facility licensure by the 
  2.8   commissioner of health. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 245A.11, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 2d.  [INSPECTIONS OF ADULT FOSTER CARE; FAMILY ADULT 
  2.12  DAY CARE.] Adult foster care and family adult day care services 
  2.13  provided in adult foster care homes shall meet the fire marshal 
  2.14  inspection requirements under Minnesota Rules, part 9555.6125, 
  2.15  subpart 2. 
  2.16     Sec. 3.  Minnesota Statutes 2002, section 256B.0919, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [ADULT FOSTER CARE LICENSURE CAPACITY.] 
  2.19  Notwithstanding contrary provisions of the Human Services 
  2.20  Licensing Act and rules adopted under it, an adult foster care 
  2.21  license holder may care for five adults age 60 18 years or older 
  2.22  who do not have serious and persistent mental illness or a 
  2.23  developmental disability, except that an adult day care provider 
  2.24  may admit up to seven individuals for day care services and one 
  2.25  individual for respite care services, if a second caregiver is 
  2.26  present whenever six or more clients are being served.  
  2.27     Sec. 4.  Minnesota Statutes 2002, section 256B.0919, 
  2.28  subdivision 2, is amended to read: 
  2.29     Subd. 2.  [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An 
  2.30  adult foster care license holder who is not providing care to 
  2.31  persons with serious and persistent mental illness or 
  2.32  developmental disabilities may also provide family adult day 
  2.33  care for adults age 60 18 years or older who do not have serious 
  2.34  and persistent mental illness or a developmental disability.  
  2.35     Subd. 2a.  [CAPACITY AND LICENSURE OF ADULT FOSTER CARE; 
  2.36  FAMILY ADULT DAY CARE.] The maximum combined license capacity 
  3.1   for adult foster care and family adult day care is five adults, 
  3.2   except that a family adult day care provider may admit up to 
  3.3   seven individuals for day care services and one individual for 
  3.4   respite care services, if a second caregiver is present whenever 
  3.5   six or more clients are being served.  A separate license is not 
  3.6   required to provide family adult day care under this 
  3.7   subdivision.  Foster care homes providing services to five 
  3.8   adults shall not be subject to licensure by the commissioner of 
  3.9   health under the provisions of chapter 144, 144A, 157, or any 
  3.10  other law requiring facility licensure by the commissioner of 
  3.11  health. 
  3.12     Sec. 5.  Minnesota Statutes 2002, section 256B.0919, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 2b.  [INSPECTIONS OF ADULT FOSTER CARE; FAMILY ADULT 
  3.15  DAY CARE.] Adult foster care and family adult day care services 
  3.16  provided in adult foster care homes shall meet the fire marshal 
  3.17  inspection requirements under Minnesota Rules, part 9555.6125, 
  3.18  subpart 2.