Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 197-H.F.No. 642 
           An act relating to human services; prohibiting 
          licensing of supportive living residences; requiring 
          monitoring of facilities; providing for various levels 
          of care for persons with mental illness; directing the 
          commissioner of human services to review and alter 
          rules relating to residential care facilities for 
          persons with mental illness; requiring study of 
          housing needs for persons with mental illness; 
          prohibiting payment to newly-licensed facilities 
          having more than four residents with mental illness; 
          amending Minnesota Statutes 1986, sections 245.802, 
          subdivision 1a, and by adding subdivisions; 256D.01, 
          by adding a subdivision; and 256D.37, by adding a 
          subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 245.802, 
subdivision 1a, is amended 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.  The commissioner shall develop no licensing 
standards for supportive living residences until the legislature 
has met and considered recommendations presented under section 4.
    Sec. 2.  Minnesota Statutes 1986, section 245.802, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [MONITORING OF FACILITIES.] After June 30, 1989, 
no residential facility licensed by the commissioner of human 
services or the commissioner of health, other than facilities 
specifically licensed for people with mental illness, may have 
more than four residents with a diagnosis of mental illness.  
The commissioner of health, with the cooperation of the 
commissioner of human services, shall monitor licensed boarding 
care, board and lodging, and supervised living facilities to 
assure that this requirement is met.  By January 1, 1989, the 
commissioner of health shall recommend to the legislature an 
appropriate mechanism for enforcing this requirement. 
    Sec. 3.  Minnesota Statutes 1986, section 245.802, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [SPECIFIC REVIEW OF RULES.] The commissioner 
shall: 
    (1) provide in rule for various levels of care to address 
the residential treatment needs of persons with mental illness; 
    (2) review Category I and II programs established in 
Minnesota Rules, parts 9520.0500 to 9520.0690 to ensure that the 
categories of programs provide a continuum of residential 
service programs for persons with mental illness; 
    (3) provide in rule for a definition of the term 
"treatment" as used in relation to persons with mental illness; 
    (4) adjust funding mechanisms by rule as needed to reflect 
the requirements established by rule for services being provided;
    (5) review and recommend staff educational requirements and 
staff training as needed; and 
    (6) review and make changes in rules relating to 
residential care and service programs for persons with mental 
illness as the commissioner may determine necessary.  
    Sec. 4.  Minnesota Statutes 1986, section 245.802, is 
amended by adding a subdivision to read: 
    Subd. 5.  [HOUSING SERVICES FOR PERSONS WITH MENTAL 
ILLNESS.] The commissioner of human services shall study the 
housing needs of people with mental illness and shall articulate 
a continuum of services from residential treatment as the most 
intensive service through housing programs as the least 
intensive.  The commissioner shall develop recommendations for 
implementing the continuum of services and shall present the 
recommendations to the legislature by January 31, 1988.  
    Sec. 5.  Minnesota Statutes 1986, section 256D.01, is 
amended by adding a subdivision to read: 
    Subd. 1c.  [PAYMENTS TO FACILITIES.] The commissioner shall 
make no payments under subdivision 1b to facilities licensed 
after the effective date of this section which have more than 
four residents with a diagnosis of mental illness except for 
facilities specifically licensed to serve persons with mental 
illness.  The commissioner of health shall monitor 
newly-licensed facilities and shall report to the commissioner 
of human services facilities that are not in compliance with 
this section. 
    Sec. 6.  Minnesota Statutes 1986, section 256D.37, is 
amended by adding a subdivision to read: 
    Subd. 4.  The commissioner shall make no payments under 
subdivision 1 to facilities licensed after the effective date of 
this section which have more than four residents with a 
diagnosis of mental illness except for facilities specifically 
licensed to serve persons with mental illness.  The commissioner 
of health shall monitor newly-licensed facilities and shall 
report to the commissioner of human services facilities that are 
not in compliance with this section. 
    Approved May 21, 1987