2001 Minnesota Statutes

     245B.03 Applicability and effect. 

    Subdivision 1.    Applicability.  The standards in this 
 chapter govern services to persons with mental retardation or 
 related conditions receiving services from license holders 
 providing residential-based habilitation; day training and 
 habilitation services for adults; supported employment; 
 semi-independent living services; residential programs that 
 serve more than four consumers, including intermediate care 
 facilities for persons with mental retardation; and respite care 
 provided outside the consumer's home for more than four 
 consumers at the same time at a single site. 

    Subd. 2.    Relationship to other standards governing 
 services for persons with mental retardation or related 
 conditions.  (a) ICFs/MR are exempt from: 

    (1) section 245B.04; 

    (2) section 245B.06, subdivisions 4 and 6; and 

    (3) section 245B.07, subdivisions 4, paragraphs (b) and 
 (c); 7; and 8, paragraphs (1), clause (iv), and (2). 

    (b) License holders also licensed under chapter 144 as a 
 supervised living facility are exempt from section 245B.04. 

    (c) Residential service sites controlled by license holders 
 licensed under chapter 245B for home and community-based 
 waivered services for four or fewer adults are exempt from 
 compliance with Minnesota Rules, parts 9543.0040, subpart 2, 
 item C; 9555.5505; 9555.5515, items B and G; 9555.5605; 
 9555.5705; 9555.6125, subparts 3, item C, subitem (2), and 4 to 
 6; 9555.6185; 9555.6225, subpart 8; 9555.6245; 9555.6255; and 
 9555.6265.  The commissioner may approve alternative methods of 
 providing overnight supervision using the process and criteria 
 for granting a variance in section 245A.04, subdivision 9.  This 
 chapter does not apply to foster care homes that do not provide 
 residential habilitation services funded under the home and 
 community-based waiver programs defined in section 256B.092. 

    (d) The commissioner may exempt license holders from 
 applicable standards of this chapter when the license holder 
 meets the standards under section 245A.09, subdivision 7.  
 License holders that are accredited by an independent 
 accreditation body shall continue to be licensed under this 
 chapter. 

    (e) License holders governed by sections 245B.02 to 245B.07 
 must also meet the licensure requirements in chapter 245A.  

    (f) Nothing in this chapter prohibits license holders from 
 concurrently serving consumers with and without mental 
 retardation or related conditions provided this chapter's 
 standards are met as well as other relevant standards. 

    (g) The documentation that sections 245B.02 to 245B.07 
 require of the license holder meets the individual program plan 
 required in section 256B.092 or successor provisions.  

    HIST: 1997 c 248 s 37; 2001 c 203 s 2