SF 4181

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2024 08:42am

A bill for an act
relating to human services; modifying an agency's authority with respect to housing
support agreements; amending Minnesota Statutes 2022, section 256I.04,
subdivision 2b.

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

Section 1.

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

Subd. 2b.

Housing support agreements.

(a) Agreements between agencies and providers
of housing support must be in writing on a form developed and approved by the commissioner
and must specify the name and address under which the establishment subject to the
agreement does business and under which the establishment, or service provider, if different
from the establishment, is licensed by the Department of Health or the Department of Human
Services; the specific license or registration from the Department of Health or the Department
of Human Services held by the provider and the number of beds subject to that license; the
address of the location or locations at which housing support is provided under this
agreement; the per diem and monthly rates that are to be paid from housing support funds
for each eligible resident at each location; the number of beds at each location which are
subject to the agreement; whether the license holder is a not-for-profit corporation under
section 501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject
to the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.

(b) Providers are required to verify the following minimum requirements in the
agreement:

(1) current license or registration, including authorization if managing or monitoring
medications;

(2) all staff who have direct contact with recipients meet the staff qualifications;

(3) the provision of housing support;

(4) the provision of supplementary services, if applicable;

(5) reports of adverse events, including recipient death or serious injury;

(6) submission of residency requirements that could result in recipient eviction; and

(7) confirmation that the provider will not limit or restrict the number of hours an
applicant or recipient chooses to be employed, as specified in subdivision 5.

(c) Agreements may be terminated with deleted text begin or without deleted text end cause by the commissioner, the
agency, or the provider with two calendar months prior notice. The commissioner may
immediately terminate an agreement under subdivision 2d.

new text begin (d) Agencies must not refuse to enter into a housing support agreement with providers
of housing support or limit the general availability of housing support agreements to providers
of housing support solely on the basis of any of the following:
new text end

new text begin (1) the medical assistance or other publicly funded program under which a potential
resident may receive services, regardless of whether those services are provided on site; or
new text end

new text begin (2) the size, capacity, location, zoning classification, or building type of an establishment
not otherwise prohibited under subdivision 2a.
new text end