Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 542-S.F.No. 311 
           An act relating to public welfare; requiring licensure 
          for adult day care facilities and supportive living 
          residences; amending Minnesota Statutes 1982, sections 
          245.782, subdivisions 2, 5, 6, and by adding a 
          subdivision; 245.783, by adding a subdivision; 
          245.791; 245.802, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 245.782, 
subdivision 2, is amended to read: 
    Subd. 2.  "Person" means an adult who is handicapped by 
reason of mental retardation, mental illness, chemical 
dependency, or physical handicap and; a child, whether 
handicapped or not; and, for purposes of adult day care, adult 
foster care, and supportive living residences, an adult who is 
functionally impaired.  
    Sec. 2.  Minnesota Statutes 1982, section 245.782, 
subdivision 5, is amended to read: 
    Subd. 5.  "Day care facility" means any facility, public or 
private, which for gain or otherwise regularly provides one or 
more persons with care, training, supervision, habilitation, 
rehabilitation, or developmental guidance on a regular basis, 
for periods of less than 24 hours per day, in a place other than 
the person's own home.  Day care facilities include, but are not 
limited to:  family day care homes, group family day care homes, 
day care centers, day nurseries, nursery schools, daytime 
activity centers developmental achievement centers, day 
treatment programs, adult day care centers, and day services. 
    Sec. 3.  Minnesota Statutes 1982, section 245.782, 
subdivision 6, is amended to read: 
    Subd. 6.  "Residential facility" means any facility, public 
or private, which for gain or otherwise regularly provides one 
or more persons with a 24 hour per day substitute for care, 
food, lodging, training, education, supervision, habilitation, 
rehabilitation, and treatment they need, but which for any 
reason cannot be furnished in the person's own home.  
Residential facilities include, but are not limited to:  state 
institutions under the control of the commissioner of public 
welfare, foster homes, residential treatment centers, maternity 
shelters, group homes, residential programs, supportive living 
residences for functionally impaired adults, or schools for 
handicapped children. 
    Sec. 4.  Minnesota Statutes 1982, section 245.782, is 
amended by adding a subdivision to read: 
    Subd. 14.  "Functionally impaired" means having a condition 
that includes having substantial difficulty in carrying out one 
or more of the essential major activities of daily living, such 
as caring for oneself, performing manual tasks, walking, seeing, 
hearing, speaking, breathing, learning, working, or having a 
disorder of thought or mood that significantly impairs judgment, 
behavior, capacity to recognize reality, or ability to cope with 
the ordinary demands of life and requiring support to maintain 
independence in the community.  
    Sec. 5.  Minnesota Statutes 1982, section 245.791, is 
amended to read: 
    245.791 [EXCLUSIONS.] 
    Sections 245.781 to 245.812 shall not apply to: 
    (1) Day care or residential care provided by a relative to 
related persons; 
    (2) Day care or residential care provided for a cumulative 
total of less than 30 days in any 12 month period; 
    (3) Day care provided for persons from a single unrelated 
family for any length of time; 
    (4) A home caring for a person placed there by a licensed 
agency for legal adoption, unless the adoption is not completed 
within two years after placement; 
    (5) A licensed hospital whose psychiatric or chemical 
dependency program is located within the hospital. 
    (6) A nursing home, hospital, or boarding care home, 
licensed by the state commissioner of health, except that an 
identifiable unit of such a facility which regularly provides 
care for more than five handicapped persons adults defined as 
persons in Minnesota Statutes, section 245.782, subdivision 2, 
who are not residents or patients of the nursing home, hospital, 
or boarding care home, must be licensed under sections 245.781 
to 245.812; 
    (7) A day care or residential facility serving fewer than 
five physically or mentally handicapped adults;  
    (8) A day care or residential program serving any number of 
nonhandicapped adults who are not defined as persons under 
Minnesota Statutes, section 245.782, subdivision 2; 
    (9) (8) A sheltered workshop day program, certified by the 
state board of education; 
    (10) (9) A work activity day program, certified by the 
state board of education; 
    (11) (10) A work-wage home providing care for one 
nonrelated child who has reached his sixteenth birthday and who 
has been independently placed for purposes of education or 
employment; 
    (12) (11) A school under the general supervision of the 
commissioner of education or a local education agency; 
    (13) (12) A residential or day care facility under the 
direct control and supervision of a local education agency or a 
state agency other than the commissioner; 
    (14) (13) Day care provided for periods of no more than 
three hours per day for any person while his relatives are in 
the same building, or can be present in the same building within 
30 minutes; 
    (15) (14) Facilities which in the judgment of the 
commissioner of education are operated for the primary purpose 
of educating children shall be exempt from these rules and 
regulations except insofar as the regulations affect the health 
and safety of the children therein.  The classrooms shall meet 
the applicable standards of the commissioner of public safety 
and state commissioner of health. 
    Sec. 6.  Minnesota Statutes 1982, section 245.802, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [STANDARDS FOR SUPPORTIVE LIVING RESIDENCES.] 
Standards for licensing supportive living residences shall 
include provisions concerning the referral of adults needing 
treatment to appropriate programs and the prevention of 
inappropriate placements in supportive living residences, a 
maximum bed limit of 40, and provisions discouraging the 
concentration of supportive living residences in any one region 
or neighborhood.  
    Sec. 7.  [245.792] [RULES.] 
    The commissioner may promulgate permanent rules to 
implement the provisions of sections 1 to 5.  The commissioner 
of health shall assist the commissioner of public welfare in 
determining appropriate license requirements.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day following final 
enactment. 
    Approved April 25, 1984