Minnesota Legislature
SF 320
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:36am
Current Version - as introduced
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A bill for an act
relating to human services; modifying licensing requirements for certain residential
settings using alternative overnight supervision technology; amending Minnesota
Statutes 2020, section 245A.11, subdivision 7a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 245A.11, subdivision 7a, is amended to read:
Subd. 7a.
deleted text begin Alternatedeleted text end new text begin Alternativenew text end overnight supervision technology; adult foster care
and community residential setting licenses.
(a) The commissioner may grant an applicant
or license holder an adult foster care or community residential setting license for a residence
that does not have a caregiver in the residence during normal sleeping hours as required
under Minnesota Rules, part 9555.5105, subpart 37, item B, or section 245D.02, subdivision
33b, but uses monitoring technology new text begin meeting the requirements of this subdivision new text end to alert
the license holder when an incident occurs that may jeopardize the health, safety, or rights
of a foster care recipient. The applicant or license holder must comply with all other
requirements under Minnesota Rules, parts 9555.5105 to 9555.6265, or applicable
requirements under chapter 245Ddeleted text begin , and the requirements under this subdivisiondeleted text end . The license
printed by the commissioner must state in bold and large font:
(1) that the facility is under electronic monitoring; and
(2) the telephone number of the county's common entry point for making reports of
suspected maltreatment of vulnerable adults under section 626.557, subdivision 9.
(b) Applications for a license under this deleted text begin sectiondeleted text end new text begin subdivisionnew text end must be submitted directly
to the Department of Human Services licensing division. The licensing division must
immediately notify the county licensing agency. The licensing division must collaborate
with the county licensing agency in the review of the application and the licensing of the
program.
(c) Before a license is issued by the commissioner, and for the duration of the license,
the applicant or license holder must establish, maintain, and document the implementation
of written policies and procedures addressing the requirements in paragraphs (d) through
(f).
(d) The applicant or license holder must have policies and procedures that:
(1) establish characteristics of target populations that will be admitted into the home,
and characteristics of populations that will not be accepted into the home;
(2) explain the discharge process when a resident served by the program requires
overnight supervision or other services that cannot be provided by the license holder due
to the limited hours that the license holder is on site;
(3) describe the types of events to which the program will respond with a physical
presence when those events occur in the home during time when staff are not on sitedeleted text begin , and
how the license holder's response plan meets the requirements in paragraph (e), clause (1)
or (2)deleted text end ;
(4) new text begin require each resident's individualized plan of care, coordinated service and support
plan, if required, or individual resident placement agreement, if required, to identify the
maximum response time for the license holder to be on site for that resident;
new text end
new text begin
(5) establish procedures to dispatch emergency response personnel to the site in the
event of an identified emergency;
new text end
new text begin (6) new text end establish a process for documenting a review of the implementation and effectiveness
of the response protocol deleted text begin for the response required under paragraph (e), clause (1) or (2)deleted text end .
The documentation must include:
(i) a description of the triggering incident;
(ii) the date and time of the triggering incident;
(iii) the time of the response or responses deleted text begin under paragraph (e), clause (1) or (2)deleted text end ;
(iv) whether the response met the resident's needs;
(v) whether the existing policies and response protocols were followed; and
(vi) whether the existing policies and protocols are adequate or need modification.
When no physical presence response is completed for a three-month period, the license
holder's written policies and procedures must require a physical presence response drill to
be conducted for which the effectiveness of the response protocol deleted text begin under paragraph (e),
clause (1) or (2),deleted text end will be reviewed and documented as required under this clause; and
deleted text begin (5)deleted text end new text begin (7)new text end establish that emergency and nonemergency phone numbers are posted in a
prominent location in a common area of the home where deleted text begin theydeleted text end new text begin the phone numbersnew text end can be
easily observed by a person responding to an incident who is not otherwise affiliated with
the home.
(e) The license holder must deleted text begin documentdeleted text end new text begin developnew text end and include in the license application
deleted text begin which response alternative under clause (1) or (2) is in place for responding to situations
that present a serious risk to the health, safety, or rights of residents served by the programdeleted text end new text begin
a written document describing how the license holder plans to respond to an emergency in
a manner that meets the needs of the individual accessing the alternative overnight
supervision. The license holder must describe in the written documentnew text end :
deleted text begin
(1) response alternative (1) requires only the technology to provide an electronic
notification or alert to the license holder that an event is underway that requires a response.
Under this alternative, no more than ten minutes will pass before the license holder will be
physically present on site to respond to the situation; or
deleted text end
deleted text begin
(2) response alternative (2) requires the electronic notification and alert system under
alternative (1), but more than ten minutes may pass before the license holder is present on
site to respond to the situation. Under alternative (2), all of the following conditions are
met:
deleted text end
deleted text begin (i) the license holder has a written description of the interactive technological applicationsdeleted text end
new text begin (1) the technology new text end that will assist the license holder in communicating with deleted text begin anddeleted text end new text begin or remotelynew text end
assessing the needs related to the care, health, and safety of the foster care recipientsdeleted text begin . This
interactive technology must permit the license holder to remotely assess the well being of
the resident served by the program without requiring the initiation of the foster care recipient.
Requiring the foster care recipient to initiate a telephone call does not meet this requirementdeleted text end ;new text begin
and
new text end
deleted text begin (ii) the license holder documentsdeleted text end new text begin (2)new text end how the remote license holder is qualified and
capable of meeting the needs of the foster care recipients and assessing foster care recipients'
needs under deleted text begin item (i)deleted text end new text begin clause (1)new text end during the absence of the license holder on sitedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(iii) the license holder maintains written procedures to dispatch emergency response
personnel to the site in the event of an identified emergency; and
deleted text end
deleted text begin
(iv) each resident's individualized plan of care, coordinated service and support plan
under sections 256B.0913, subdivision 8; 256B.092, subdivision 1b; 256B.49, subdivision
15; and 256S.10, if required, or individual resident placement agreement under Minnesota
Rules, part 9555.5105, subpart 19, if required, identifies the maximum response time, which
may be greater than ten minutes, for the license holder to be on site for that resident.
deleted text end
(f) Each resident's placement agreement, individual service agreement, and plan must
clearly state that the adult foster care or community residential setting license category is
a program without the presence of a caregiver in the residence during normal sleeping hours;
the protocols in place for responding to situations that present a serious risk to the health,
safety, or rights of residents served by the program deleted text begin under paragraph (e), clause (1) or (2)deleted text end ;
and a signed informed consent from each resident served by the program or the person's
legal representative documenting the person's or legal representative's agreement with
placement in the program. If electronic monitoring technology is used in the home, the
informed consent form must also explain the following:
(1) how any electronic monitoring is incorporated into the alternative supervision system;
(2) the backup system for any electronic monitoring in times of electrical outages or
other equipment malfunctions;
(3) how the caregivers or direct support staff are trained on the use of the technology;
(4) the event types and license holder response times deleted text begin established under paragraph (e)deleted text end ;
(5) how the license holder protects each resident's privacy related to electronic monitoring
and related to any electronically recorded data generated by the monitoring system. A
resident served by the program may not be removed from a program under this subdivision
for failure to consent to electronic monitoring. The consent form must explain where and
how the electronically recorded data is stored, with whom it will be shared, and how long
it is retained; and
(6) the risks and benefits of the alternative overnight supervision system.
The written explanations under clauses (1) to (6) may be accomplished through
cross-references to other policies and procedures as long as they are explained to the person
giving consent, and the person giving consent is offered a copy.
(g) Nothing in this section requires the applicant or license holder to develop or maintain
separate or duplicative policies, procedures, documentation, consent forms, or individual
plans that may be required for other licensing standards, if the requirements of this section
are incorporated into those documents.
(h) The commissioner may grant variances to the requirements of this section according
to section 245A.04, subdivision 9.
(i) For the purposes of paragraphs (d) through (h), "license holder" has the meaning
under section 245A.02, subdivision 9, and additionally includes all staff, volunteers, and
contractors affiliated with the license holder.
(j) For the purposes of paragraph (e), the terms "assess" and "assessing" mean to remotely
determine what action the license holder needs to take to protect the well-being of the foster
care recipient.
(k) The commissioner shall evaluate license applications using the requirements in
paragraphs (d) to (f). The commissioner shall provide detailed application forms, including
a checklist of criteria needed for approval.
(l) To be eligible for a license under paragraph (a), the adult foster care or community
residential setting license holder must not have had a conditional license issued under section
245A.06 or any licensing sanction under section 245A.07 during the prior 24 months based
on failure to provide adequate supervision, health care services, or resident safety in the
adult foster care home or community residential setting.
(m) The commissioner shall review an application for an alternative overnight supervision
license within 60 days of receipt of the application. When the commissioner receives an
application that is incomplete because the applicant failed to submit required documents or
that is substantially deficient because the documents submitted do not meet licensing
requirements, the commissioner shall provide the applicant written notice that the application
is incomplete or substantially deficient. In the written notice to the applicant, the
commissioner shall identify documents that are missing or deficient and give the applicant
45 days to resubmit a second application that is substantially complete. An applicant's failure
to submit a substantially complete application after receiving notice from the commissioner
is a basis for license denial under section 245A.05. The commissioner shall complete
subsequent review within 30 days.
(n) Once the application is considered complete under paragraph (m), the commissioner
will approve or deny an application for an alternative overnight supervision license within
60 days.
(o) For the purposes of this subdivision, "supervision" means:
(1) oversight by a caregiver or direct support staff as specified in the individual resident's
place agreement or coordinated service and support plan and awareness of the resident's
needs and activities; and
(2) the presence of a caregiver or direct support staff in a residence during normal sleeping
hours, unless a determination has been made and documented in the individual's coordinated
service and support plan that the individual does not require the presence of a caregiver or
direct support staff during normal sleeping hours.