SF 2560

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2023 08:12am

A bill for an act
relating to human services; authorizing integrated community support settings to
be housing support establishments; requiring annual requests for proposals to
develop housing support establishments; amending Minnesota Statutes 2022,
section 256I.04, subdivision 2a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 256I.04, subdivision 2a, is amended to read:

Subd. 2a.

License required; staffing qualifications.

(a) Except as provided in deleted text begin paragraph deleted text end new text begin
paragraphs new text end (b) new text begin and (e) new text end , an agency may not enter into an agreement with an establishment
to provide housing support unless:

(1) the establishment is licensed by the Department of Health as a hotel and restaurant;
a board and lodging establishment; a boarding care home before March 1, 1985; or a
supervised living facility, and the service provider for residents of the facility is licensed
under chapter 245A. However, an establishment licensed by the Department of Health to
provide lodging need not also be licensed to provide board if meals are being supplied to
residents under a contract with a food vendor who is licensed by the Department of Health;

(2) the residence is: (i) licensed by the commissioner of human services under Minnesota
Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior
to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
(iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,
with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02,
subdivision 4a, as a community residential setting by the commissioner of human services;
or

(3) the facility is deleted text begin registered under chapter deleted text end deleted text begin 144D deleted text end deleted text begin or deleted text end licensed under chapter 144G and
provides three meals a day.

(b) The requirements under paragraph (a) do not apply to establishments exempt from
state licensure because they are:

(1) located on Indian reservations and subject to tribal health and safety requirements;
or

(2) supportive housing establishments where an individual has an approved habitability
inspection and an individual lease agreement.

(c) Supportive housing establishments that serve individuals who have experienced
long-term homelessness and emergency shelters must participate in the homeless management
information system and a coordinated assessment system as defined by the commissioner.

(d) deleted text begin Effective July 1, 2016, deleted text end An agency shall not have an agreement with a provider of
housing support unless all staff members who have direct contact with recipients:

(1) have skills and knowledge acquired through one or more of the following:

(i) a course of study in a health- or human services-related field leading to a bachelor
of arts, bachelor of science, or associate's degree;

(ii) one year of experience with the target population served;

(iii) experience as a mental health certified peer specialist according to section 256B.0615;
or

(iv) meeting the requirements for unlicensed personnel under sections 144A.43 to
144A.483;

(2) hold a current driver's license appropriate to the vehicle driven if transporting
recipients;

(3) complete training on vulnerable adults mandated reporting and child maltreatment
mandated reporting, where applicable; and

(4) complete housing support orientation training offered by the commissioner.

new text begin (e) The requirements of paragraph (a) do not apply to an establishment for which a
provider of integrated community supports licensed under chapter 245D has fulfilled the
requirements under section 245D.12.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256I.04, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Required requests for proposals to develop housing support
establishments. new text end

new text begin (a) Beginning August 1, 2023, each lead agency must issue a request for
proposals to develop housing support establishments at least once every 12 months.
new text end

new text begin (b) Each lead agency must include in its annual request for proposals to develop housing
support establishments the option to propose the development of housing support
establishments in which integrated community supports licensed under chapter 245D are
provided.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end