Minnesota Legislature
SF 1155
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17 2.18
A bill for an act
relating to human services; changing capacity requirements for adult foster
homes; amending Minnesota Statutes 2008, section 245A.11, subdivision 2a;
repealing Minnesota Rules, part 9555.6165.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 245A.11, subdivision 2a, is amended to
read:
Subd. 2a.
Adult foster care license capacity.
(a) An adult foster care license holder
may have a maximum license capacity of five deleted text begin if all persons in care are age 55 or over and
do not have a serious and persistent mental illness or a developmental disabilitydeleted text end new text begin personsnew text end .
deleted text begin (b) The commissioner may grant variances to paragraph (a) to allow a foster care
provider with a licensed capacity of five persons to admit an individual under the age of 55
if the variance complies with section 245A.04, subdivision 9, and approval of the variance
is recommended by the county in which the licensed foster care provider is located.deleted text end
deleted text begin (c) The commissioner may grant variances to paragraph (a) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent mental illness
or a developmental disability, regardless of age, if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed foster care provider is located.deleted text end
deleted text begin (d) Notwithstanding paragraph (a),deleted text end new text begin (b) new text end The commissioner deleted text begin maydeleted text end new text begin shallnew text end issue an adult
foster care license deleted text begin with a capacity of five adults when the capacity is recommendeddeleted text end new text begin if the
adult foster care provider serving more than four persons with serious and persistent mental
illness or developmental disability has a recommendationnew text end by the county licensing agency
of the county in which the facility is located and if the recommendation verifies that:
(1) the facility meets the physical environment requirements in the adult foster
care licensing rule;
(2) the five-bed living arrangement is specified for each resident in the resident's:
(i) individualized plan of care;
(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
(iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required;
(3) the license holder obtains written and signed informed consent from each
resident or resident's legal representative documenting the resident's informed choice to
living in the home and that the resident's refusal to consent would not have resulted in
service terminationdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) the facility was licensed for adult foster care before March 1, 2003.
deleted text end
deleted text begin
(e) The commissioner shall not issue a new adult foster care license under paragraph
(d) after June 30, 2005. The commissioner shall allow a facility with an adult foster care
license issued under paragraph (d) before June 30, 2005, to continue with a capacity of five
adults if the license holder continues to comply with the requirements in paragraph (d).
deleted text end
Sec. 2. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, part 9555.6165,
new text end
new text begin
is repealed.
new text end