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245A.095 RULES FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESSES.
    Subdivision 1. License required. Residential programs with five or more persons with a
mental illness must be licensed under this chapter. To assure that this requirement is met, the
commissioner of health, in cooperation with the commissioner of human services, shall monitor
licensed boarding care homes, board and lodging houses, and supervised living facilities.
By January 1, 1989, the commissioner of health shall recommend to the legislature an
appropriate method for enforcing this requirement.
    Subd. 1a. Rules. In developing rules for serving persons with mental illness, the
commissioner of human services shall assure that persons with mental illness are provided with
needed treatment or support in the least restrictive, most appropriate environment, that supportive
residential care in small homelike settings is available for persons needing that care, and that
a mechanism is developed to ensure that no person is placed in a care or treatment setting
inappropriate for meeting the person's needs. To the maximum extent possible, the rule shall assure
that length of stay is governed solely by client need and shall allow for a variety of innovative and
flexible approaches in meeting residential and support needs of persons with mental illness.
    Subd. 2. Specific review of rules. The commissioner shall:
(1) provide in rule for additional types of programs and services, including but not limited
to supportive small group residential care, semi-independent and apartment living services, and
crisis and respite services, to address the residential treatment and support 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, including but not limited to programs meeting needs for
intensive treatment, crisis and respite care, and rehabilitation and training;
(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;
(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; and
(7) the commissioner shall report to the legislature by February 15, 1990, on the status of
rulemaking with respect to clauses (1) to (6).
    Subd. 3.[Repealed, 1989 c 282 art 4 s 64]
History: 1987 c 333 s 10; 1988 c 411 s 5; 1989 c 282 art 4 s 61; 2000 c 327 s 6