SF 2013

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/04/2012 11:17am

A bill for an act
relating to human services; providing an exemption from a licensing moratorium;
establishing certification requirements; amending Minnesota Statutes 2010,
section 245A.03, by adding a subdivision; Minnesota Statutes 2011 Supplement,
section 245A.03, subdivision 7.

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). This certification is voluntary for license holders.
The certification shall be printed on the license, and identified on the commissioner's
public Web site.
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;
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, are 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

Sec. 2.

Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
amended to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an
initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
2960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. Exceptions to the moratorium include:

(1) foster care settings that are required to be registered under chapter 144D;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
and determined to be needed by the commissioner under paragraph (b);

(3) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
restructuring of state-operated services that limits the capacity of state-operated facilities;

(4) new foster care licenses determined to be needed by the commissioner under
paragraph (b) for persons requiring hospital level care; or

(5) new foster care licenses determined to be needed by the commissioner for the
transition of people from personal care assistance to the home and community-based
services.

(b) The commissioner shall determine the need for newly licensed foster care homes
as defined under this subdivision. As part of the determination, the commissioner shall
consider the availability of foster care capacity in the area in which the licensee seeks to
operate, and the recommendation of the local county board. The determination by the
commissioner must be final. A determination of need is not required for a change in
ownership at the same address.

(c) Residential settings that would otherwise be subject to the moratorium established
in paragraph (a), that are in the process of receiving an adult or child foster care license as
of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
or child foster care license. For this paragraph, all of the following conditions must be met
to be considered in the process of receiving an adult or child foster care license:

(1) participants have made decisions to move into the residential setting, including
documentation in each participant's care plan;

(2) the provider has purchased housing or has made a financial investment in the
property;

(3) the lead agency has approved the plans, including costs for the residential setting
for each individual;

(4) the completion of the licensing process, including all necessary inspections, is
the only remaining component prior to being able to provide services; and

(5) the needs of the individuals cannot be met within the existing capacity in that
county.

To qualify for the process under this paragraph, the lead agency must submit
documentation to the commissioner by August 1, 2009, that all of the above criteria are
met.

(d) The commissioner shall study the effects of the license moratorium under this
subdivision and shall report back to the legislature by January 15, 2011. This study shall
include, but is not limited to the following:

(1) the overall capacity and utilization of foster care beds where the physical location
is not the primary residence of the license holder prior to and after implementation
of the moratorium;

(2) the overall capacity and utilization of foster care beds where the physical
location is the primary residence of the license holder prior to and after implementation
of the moratorium; and

(3) the number of licensed and occupied ICF/MR beds prior to and after
implementation of the moratorium.

(e) When a foster care recipient moves out of a foster home that is not the primary
residence of the license holder according to section 256B.49, subdivision 15, paragraph
(f), the county shall immediately inform the Department of Human Services Licensing
Division, and the department shall immediately decrease the licensed capacity for the
home. A decreased licensed capacity according to this paragraph is not subject to appeal
under this chapter.

new text begin (f) Residential settings that would otherwise be subject to the decreased license
capacity established in paragraph (e) shall be exempt under the following circumstances:
new text end

new text begin (1) the license holder is:
new text end

new text begin (i) a provider of assertive community treatment (ACT) or adult rehabilitative mental
health services (ARMHS) as defined in section 256B.0623;
new text end

new text begin (ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to
9520.0870;
new text end

new text begin (iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to
9520.0870; or
new text end

new text begin (iv) a provider of intensive residential treatment services (IRTS) licensed under
Minnesota Rules, parts 9520.0500 to 9520.0670; or
new text end

new text begin (2) the license holder is certified under the requirements in subdivision 6a.
new text end