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Minnesota Legislature

Office of the Revisor of Statutes

9525.1830 PROVISION OF HOME AND COMMUNITY-BASED SERVICES.

Subpart 1.

Conditions.

The county board shall provide or arrange to provide home and community-based services to a person if the person is eligible for home and community-based services under part 9525.1820 and all the conditions in items A to F have been met:

A.

the county board has determined that it can provide home and community-based services to the person within its allocation of home and community-based services money as determined under parts 9525.1890 and 9525.1910. If the county board has determined that it cannot provide home and community-based services to the person within its allocation of home and community-based services money, the county board may request additional money. The commissioner may authorize additional money only for persons:

(1)

to be discharged from regional treatment centers and nursing facilities as referenced in Minnesota Statutes, section 256B.092, subdivision 4;

(2)

participating in demonstration projects as referenced in Minnesota Statutes, section 256B.092, subdivision 4a;

(3)

receiving home and community-based services under a license granted according to the emergency provisions of Minnesota Statutes, section 252.28, subdivision 3, paragraph (4);

(4)

discharged from ICF/DD facilities which have been placed into voluntary or involuntary receiverships according to Minnesota Statutes, section 245A.12 or 245A.13; or

(5)

needing home and community-based services on a temporary basis as the result of an emergency situation under Minnesota Statutes, section 252.293, subdivision 1.

The commissioner shall not authorize additional money to the county board if the authorization would exceed the limitations of the approved waiver plan or state appropriations.

B.

the screening team has recommended home and community-based services instead of ICF/DD services for the person under parts 9525.0004 to 9525.0036;

C.

the commissioner has authorized payment for home and community-based services for the person;

D.

the person or the person's legal representative has agreed to the home and community-based services determined by the screening team to be appropriate for the person;

E.

the county board has authorized provision of home and community-based services to the person based on the goals and objectives specified in the person's individual service plan; and

F.

the county board has a signed agreement with the state that complies with part 9525.1900.

Subp. 2.

Written procedures and criteria.

The county board shall establish written procedures and criteria for making determinations under subpart 1, item A. The procedures and criteria must be consistent with requirements in parts 9525.1800 to 9525.1930, the waiver, federal regulations governing home and community-based services, and the goals established by the commissioner in part 9525.1880, subpart 3.

Statutory Authority:

MS s 256B.092; 256B.501; 256B.502; 256B.503

History:

10 SR 838; 16 SR 2238; 18 SR 2244; L 2005 c 56 s 2

Published Electronically:

October 16, 2013