HF 2379

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/30/2012 11:18am

A bill for an act
relating to human services; establishing certification requirements for adult foster
care homes; amending Minnesota Statutes 2010, section 245A.03, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2010, section 245A.03, is amended by adding a
subdivision to read:

new text begin Subd. 6a. new text end

new text begin Adult foster care homes serving people with mental illness;
certification. new text end

new text begin (a) The commissioner of human services shall issue a mental health
certification for adult foster care homes licensed under this chapter and Minnesota Rules,
parts 9555.5105 to 9555.6265, that serve people with mental illness where the home is not
the primary residence of the license holder when a provider is determined to have met
the requirements under paragraph (b). The certification shall be printed on the license,
and identified on the commissioner's public Web site. This certification is voluntary for
license holders.
new text end

new text begin (b) The requirements for certification are:
new text end

new text begin (1) all staff working in the adult foster care home have received at least seven hours
of annual training covering all of the following topics:
new text end

new text begin (i) mental health diagnoses;
new text end

new text begin (ii) mental health crisis response and de-escalation techniques;
new text end

new text begin (iii) recovery from mental illness;
new text end

new text begin (iv) treatment options including evidence-based practices;
new text end

new text begin (v) medications and their side effects;
new text end

new text begin (vi) co-occurring substance abuse and health conditions; and
new text end

new text begin (vii) community resources; and
new text end

new text begin (2) a mental health professional, as defined in section 245.462, subdivision 18, or a
mental health practitioner as defined in section 245.462, subdivision 17, is available
for consultation and assistance;
new text end

new text begin (3) there is a plan and protocol in place to address a mental health crisis; and
new text end

new text begin (4) each individual's Individual Placement Agreement identifies who is providing
clinical services and their contact information, and includes an individual crisis prevention
and management plan developed with the individual.
new text end

new text begin (c) License holders seeking certification under this subdivision must request this
certification on forms provided by the commissioner and must submit the request to the
county licensing agency in which the home is located. The county licensing agency must
forward the request to the commissioner with a county recommendation regarding whether
the commissioner should issue the certification.
new text end

new text begin (d) Ongoing compliance with the certification requirements under paragraph (b)
shall be reviewed by the county licensing agency at each licensing review. When a county
licensing agency determines that the requirements of paragraph (b) are not met, the county
shall inform the commissioner and the commissioner will remove the certification.
new text end

new text begin (e) A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met by the adult
foster care license holder are not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements of paragraph (b).
new text end