Minnesota Legislature
HF 3259
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/20/2008 |
Current Version - as introduced
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A bill for an act
relating to human services; changing adult foster care and family adult day
services provisions; 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 deleted text begin under the conditions in subdivision 2adeleted text end new text begin under Minnesota Rules, part
9555.5105 to 9555.6265,new text end may also provide family adult day care for adults age deleted text begin 55deleted text end new text begin 18new 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 new text begin adult foster care new text end 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 setting.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 adults, none of which are under age 55,
have serious or persistent mental illness, 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 if the
license holder meets the requirements of this section.new text begin A separate license is not required to
provide family adult day services in a licensed adult foster care setting.
new text end
(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 their
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 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.
new text begin
(f) By July 1, 2008, the commissioner shall seek federal approval to include family
adult day services licenses under sections 245A.11, subdivision 2b, and 245A.143, as
an allowable service under all Medicare-approved home and community-based service
waiver plans.
new text end