1.1                          A bill for an act 
  1.2             relating to human services; lowering age requirements 
  1.3             and variances for adult foster care license capacity, 
  1.4             with certain conditions; amending Minnesota Statutes 
  1.5             2000, section 245A.11, subdivisions 2a and 2b. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 245A.11, 
  1.8   subdivision 2a, is amended to read: 
  1.9      Subd. 2a.  [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An 
  1.10  adult foster care license holder may have a maximum license 
  1.11  capacity of five if all persons in care are age ~~60~~ 55 or over 
  1.12  and do not have a serious and persistent mental illness or a 
  1.13  developmental disability.  
  1.14     (b) The commissioner may grant variances to paragraph (a) 
  1.15  to allow a foster care provider with a licensed capacity of five 
  1.16  persons to admit an individual under the age of 55 if the 
  1.17  variance complies with section 245A.04, subdivision 9, and 
  1.18  approval of the variance is recommended by the county in which 
  1.19  the licensed foster care provider is located. 
  1.20     (c) The commissioner may grant variances to ~~this~~ 
  1.21  ~~subdivision~~ paragraph (a) to allow the use of a fifth bed for 
  1.22  emergency crisis services for a person with serious and 
  1.23  persistent mental illness or a developmental disability, 
  1.24  regardless of age, ~~provided~~ if the variance complies with ~~the~~ 
  1.25  ~~provisions in~~ section 245A.04, subdivision 9, and approval of 
  2.1   the variance is recommended by the county in which the licensed 
  2.2   foster care provider is located. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 245A.11, 
  2.4   subdivision 2b, is amended to read: 
  2.5      Subd. 2b.  [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An 
  2.6   adult foster care license holder licensed under the conditions 
  2.7   in subdivision 2a may also provide family adult day care for 
  2.8   adults age ~~60~~ 55 or over if no persons in the adult foster or 
  2.9   adult family day care program have a serious and persistent 
  2.10  mental illness or a developmental disability.  The maximum 
  2.11  combined capacity for adult foster care and family adult day 
  2.12  care is five adults, except that the commissioner may grant a 
  2.13  variance for a family adult day care provider to admit up to 
  2.14  seven individuals for day care services, if all of the following 
  2.15  requirements are met:  (1) the variance complies with section 
  2.16  245A.04, subdivision 9; (2) a second caregiver is present 
  2.17  whenever six or more clients are being served; and (3) the 
  2.18  variance is recommended by the county social service agency in 
  2.19  the county where the provider is located.  A separate license is 
  2.20  not required to provide family adult day care under this 
  2.21  subdivision.  Adult foster care homes providing services to five 
  2.22  adults under this section shall not be subject to licensure by 
  2.23  the commissioner of health under the provisions of chapter 144, 
  2.24  144A, 157, or any other law requiring facility licensure by the 
  2.25  commissioner of health. 
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Sections 1 and 2 are effective the day following final 
  2.28  enactment.