Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 76-S.F.No. 566 
                  An act relating to education; allowing the residential 
                  program operated by independent school district No. 
                  518 to remain open until July 1, 1996; amending Laws 
                  1994, chapter 643, section 14, subdivision 8. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Laws 1994, chapter 643, section 14, subdivision 
        8, is amended to read: 
        Subd. 8.  Lakeview School                   2,070,000 1,700,000 
        For a grant to independent school 
        district No. 518, Worthington, to 
        acquire land, construct, and 
        equip three up to five cottages at no 
        more than $340,000 each to meet the 
        residential needs of children attending 
        the Lakeview school.  The district may 
        use a portion of the grant to purchase, 
        improve, and equip existing buildings 
        for use as cottages if appropriate.  
        The commissioner of education shall not 
        award the grant until the school 
        district can demonstrate to the 
        commissioner's satisfaction that 
        appropriate department of human 
        services approval, including licensure, 
        will be granted. 
           Sec. 2.  [RESIDENTIAL PROGRAM OPERATED BY INDEPENDENT 
        SCHOOL DISTRICT NO. 518.] 
           Subdivision 1.  [DURATION OF RESIDENTIAL PROGRAM.] The 
        residential program serving not more than 20 persons, operated 
        by independent school district No. 518, Worthington, may stay in 
        operation without licensure by the commissioner of human 
        services no later than July 1, 1996, provided the program 
        complies with the requirements in this section.  The 
        commissioner of human services need not pay any of the costs of 
        operating the residential program before it is licensed.  The 
        maximum capacity of the program is 20 persons.  
           Subd. 2.  [DEFINITION.] "Controlling individual," for 
        purposes of this section, is defined in Minnesota Statutes, 
        section 245A.02, subdivision 5a. 
           Subd. 3.  [REQUIREMENTS.] The controlling individual of the 
        residential program shall: 
           (a) comply with the following: 
           (1) Minnesota Rules, parts 9543.3000 to 9543.3090; 
           (2) Minnesota Rules, parts 9525.2700 to 9525.2810; 
           (3) Minnesota Rules, parts 9525.0215 to 9525.0355; 
           (4) Minnesota Rules, parts 9555.8000 to 9555.8500; 
           (5) Minnesota Rules, parts 4665.0100 to 4665.9900; 
           (6) Minnesota Statutes, section 626.556; 
           (7) Minnesota Statutes, section 626.557; 
           (8) Minnesota Statutes, section 245.94, subdivision 2a; and 
           (9) any other laws applicable to the residential program 
        not specified in clauses (1) to (8); 
           (b) allow access to the residential program by the 
        department of human services and department of health, in 
        accordance with Minnesota Statutes, sections 245A.04, 
        subdivision 5, and 144.653, subdivisions 2 and 3, respectively; 
           (c) allow access to the physical plant and grounds by 
        officials charged with the responsibility of enforcing health, 
        safety, and building codes, and comply with the health, safety, 
        and building codes; and 
           (d) not accept any new referrals for long-term placement 
        that exceed 90 days without the written approval of the 
        commissioners of health, human services, and education. 
           Subd. 4.  [POWERS AND DUTIES OF COMMISSIONERS.] The 
        commissioner of education shall offer technical assistance to 
        the controlling individual of the residential program to 
        facilitate the process by which the program can obtain future 
        financial assistance to continue with the plan to move the 
        individuals currently in the residential program to different 
        settings, and any other technical assistance, as requested by 
        the controlling individual. 
           The commissioners of human services and health may grant 
        waivers and variances as necessary under Minnesota Statutes, 
        section 245A.04, subdivision 9, and Minnesota Rules, part 
        4665.0600, respectively. 
           Subd. 5.  [CORRECTION ORDERS.] (a) If either the 
        commissioner of health or human services finds that the program 
        has failed to comply with an applicable law or rule, and this 
        failure does not imminently endanger the health, safety, or 
        rights of the persons served by the program, either commissioner 
        may issue a correction order to the controlling individual.  The 
        correction order must state: 
           (1) the conditions that constitute a violation of the law 
        or rule; 
           (2) the specific law or rule violated; and 
           (3) the time allowed to correct each violation. 
           (b) Nothing in this section prohibits the commissioner from 
        proposing a sanction as specified in subdivision 7 prior to 
        issuing a correction order or fine. 
           Subd. 6.  [RECONSIDERATION.] If the controlling individual 
        believes that the contents of the commissioner's correction 
        order are in error, the controlling individual may ask the 
        appropriate commissioner to reconsider the parts of the 
        correction order that are alleged to be in error.  The request 
        for reconsideration must be in writing, delivered by certified 
        mail, and: 
           (1) specify the parts of the correction order that are 
        alleged to be in error; 
           (2) explain why they are in error; and 
           (3) include documentation to support the allegation of 
        error. 
           A request for reconsideration does not stay any provisions 
        or requirements of the correction order.  The commissioner's 
        disposition of a request for reconsideration is final and not 
        subject to appeal. 
           Subd. 7.  [SANCTION.] If, upon reinspection, the 
        commissioner of human services or health finds that the program 
        has not corrected the violations specified in the correction 
        order, that commissioner may impose an appropriate sanction.  
        The most serious sanction imposed is the closure of the physical 
        plant of the residential program.  The commissioner may secure 
        an injunction against the continuing operation of the program of 
        a controlling individual who does not comply with applicable law 
        or rule.  When applying sanctions authorized under this section, 
        the commissioner shall consider the nature, chronicity, or 
        severity of the violation of law or rule and the effect of the 
        violation on the health, safety, or rights of persons served by 
        the program. 
           Subd. 8.  [IMMEDIATE CLOSURE IN CASES OF IMMINENT DANGER TO 
        HEALTH, SAFETY, OR RIGHTS.] If the controlling individual's 
        failure to comply with applicable law or rule of either the 
        department of health or the department of human services has 
        placed the health, safety, or rights of persons served by the 
        program in imminent danger, the commissioner of that agency 
        shall act immediately to close the physical plant of the 
        residential program.  No state funds shall be made available or 
        be expended by any agency or department of state, county, or 
        municipal government for use by the controlling individual for 
        the program.  A notice stating the reasons for the immediate 
        suspension and informing the controlling individual of the right 
        to a contested case hearing under Minnesota Statutes, chapter 
        14, must be delivered by personal service to the address shown 
        on the application or the last known address of the controlling 
        individual.  The controlling individual may appeal an order 
        immediately closing the program.  The appeal of an order 
        immediately closing the physical plant of the residential 
        program must be made in writing by certified mail and must be 
        received by the commissioner within five calendar days after the 
        program receives notice that the license has been immediately 
        suspended.  Notwithstanding a pending appeal to close the 
        residential program, a controlling individual shall discontinue 
        operation of the program upon receipt of the commissioner's 
        order to immediately close the physical plant of the residential 
        program. 
           Sec. 3.  [STUDY OF EXPANSION TO MEET RESPITE CARE AND 
        INDEPENDENT LIVING SKILLS NEEDS.] 
           The commissioner of human services, in cooperation with the 
        commissioners of education and health and the ombudsman for 
        mental health and mental retardation, shall study the need for 
        and methods for expanding the total number of beds at the 
        Lakeview school site to 35.  The study shall consider the need 
        for periodic and scheduled respite care, and independent living 
        skills services, for persons with developmental disabilities.  
        The study may consider meeting some or all of the need for 
        additional beds by developing or expanding capacity elsewhere in 
        the area.  The commissioner of human services shall report to 
        the legislature with recommendations by January 1, 1996. 
           Sec. 4.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 20, 1995 
           Signed by the governor April 21, 1995, 2:50 p.m.