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CHAPTER 252. SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

Table of Sections
SectionHeadnote
252.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
252.01Repealed, 1961 c 137 s 2
252.011Repealed, 1961 c 137 s 2
252.015Repealed, 1961 c 137 s 2
252.02Repealed, 1961 c 137 s 2
252.021DEFINITION.
252.025STATE HOSPITALS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
252.03Repealed, 1977 c 415 s 5
252.032Repealed, 1Sp2003 c 14 art 6 s 68
252.035REGIONAL TREATMENT CENTER CATCHMENT AREAS.
252.038PROVISION OF RESIDENTIAL SERVICES.
252.04Repealed, Ex1961 c 62 s 7
252.041Repealed, 1971 c 637 s 7
252.042Repealed, 1971 c 637 s 7
252.043Repealed, 1971 c 637 s 7
252.044Repealed, 1971 c 637 s 7
252.045Repealed, 1971 c 637 s 7
252.046Repealed, 1971 c 637 s 7
252.047Repealed, 1969 c 204 s 4
252.05ABDUCTION OR ENTICING AWAY PROHIBITED; PENALTY.
252.06SHERIFF TO TRANSPORT PERSONS.
252.07SHERIFF, EXPENSES.
252.08DISTRICT COURT TO AUDIT EXPENSE ACCOUNTS.
252.09COURSES OF INSTRUCTION FOR TEACHERS.
252.10Repealed, 1Sp2003 c 14 art 6 s 68
252.11Repealed, 1961 c 26 s 1
252.12Repealed, 1961 c 26 s 1
252.13Repealed, 1961 c 26 s 1
252.14Repealed, 1961 c 26 s 1
252.15Repealed, 1963 c 830 s 9
252.16Repealed, 1963 c 830 s 9
252.17Repealed, 1963 c 830 s 9
252.18Repealed, 1963 c 830 s 9
252.19Repealed, 1963 c 830 s 9
252.20Repealed, 1963 c 830 s 9
252.21COUNTY BOARDS MAY MAKE GRANTS FOR DEVELOPMENTAL ACHIEVEMENT CENTER SERVICES FOR CHILDREN WITH DEVELOPMENTAL DISABILITIES.
252.22APPLICANTS FOR ASSISTANCE; TAX LEVY.
252.23ELIGIBILITY REQUIREMENTS.
252.24DUTIES OF COUNTY BOARDS.
252.25BOARD OF DIRECTORS.
252.26Repealed, 1981 c 355 s 34
252.261EXISTENCE.
252.27CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.
252.275SEMI-INDEPENDENT LIVING SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
252.28COMMISSIONER OF HUMAN SERVICES; DUTIES.
252.282ICF/MR LOCAL SYSTEM NEEDS PLANNING.
252.29Repealed, 1976 c 149 s 63
252.291LIMITATION ON DETERMINATION OF NEED.
252.292COMMUNITY SERVICES CONVERSION PROJECT.
252.293EMERGENCY RELOCATIONS.
252.294CRITERIA FOR DOWNSIZING OF FACILITIES.
252.30AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY RESIDENTIAL FACILITIES.
252.31ADVISORY TASK FORCE.
252.32FAMILY SUPPORT PROGRAM.
252.33CLIENT ADVISORY COMMITTEES.
252.40SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES.
252.41DEFINITIONS.
252.42SERVICE PRINCIPLES.
252.43COMMISSIONER'S DUTIES.
252.431SUPPORTED EMPLOYMENT SERVICES; DEPARTMENTAL DUTIES; COORDINATION.
252.44COUNTY BOARD RESPONSIBILITIES.
252.45VENDOR'S DUTIES.
252.451AGREEMENTS WITH BUSINESSES TO PROVIDE SUPPORT AND SUPERVISION OF PERSONS WITH DEVELOPMENTAL DISABILITIES IN COMMUNITY-BASED EMPLOYMENT.
252.452Expired April 25 1994
252.46PAYMENT RATES.
252.47Repealed, 1995 c 207 art 7 s 43
252.478Repealed, 1Sp1993 c 1 art 5 s 134
252.50STATE-OPERATED PROGRAMS.
252.51COMMUNITY PLANNING.
252.52REGIONAL CENTER AND COMMUNITY-BASED FACILITY EMPLOYEES.
252.53Repealed, 1997 c 248 s 51
252.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
252.01 [Repealed, 1961 c 137 s 2]
252.011 [Repealed, 1961 c 137 s 2]
252.015 [Repealed, 1961 c 137 s 2]
252.02 [Repealed, 1961 c 137 s 2]
252.021 DEFINITION.
For the purposes of this chapter, the words "related condition" have the meaning given them
in section 252.27, subdivision 1a.
History: 1985 c 21 s 21; 1992 c 464 art 1 s 55
252.025 STATE HOSPITALS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
    Subdivision 1.[Repealed, 1Sp2003 c 14 art 6 s 68]
    Subd. 2.[Repealed, 1Sp2003 c 14 art 6 s 68]
    Subd. 3.[Repealed, 1975 c 242 s 3]
    Subd. 4.[Repealed, 1Sp2003 c 14 art 6 s 68]
    Subd. 5.[Repealed, 1Sp2003 c 14 art 6 s 68]
    Subd. 6.[Repealed, 1Sp2003 c 14 art 6 s 68]
    Subd. 7. Minnesota extended treatment options. The commissioner shall develop by July
1, 1997, the Minnesota extended treatment options to serve Minnesotans who have developmental
disabilities and exhibit severe behaviors which present a risk to public safety. This program
must provide specialized residential services in Cambridge and an array of community support
services statewide.
History: 1961 c 137 s 1; 1967 c 6 s 1,2; 1976 c 289 s 1; 1983 c 10 s 1; 1984 c 654 art 5 s 58;
1985 c 21 s 22; 1Sp1985 c 9 art 2 s 27; 1987 c 384 art 1 s 49; 1989 c 282 art 6 s 14; 1992 c 513 art
9 s 20; 1Sp1993 c 1 art 7 s 31-33; 1997 c 203 art 7 s 7-9; 1Sp2003 c 14 art 6 s 37; 2005 c 56 s 1
252.03 [Repealed, 1977 c 415 s 5]
252.032 [Repealed, 1Sp2003 c 14 art 6 s 68]
252.035 REGIONAL TREATMENT CENTER CATCHMENT AREAS.
The commissioner may administratively designate catchment areas for regional treatment
centers and state nursing homes. Catchment areas may vary by client group served. Catchment
areas in effect on January 1, 1989, may not be modified until the commissioner has consulted with
the regional planning committees of the affected regional treatment centers.
History: 1989 c 282 art 6 s 16; 1997 c 7 art 2 s 37
252.038 PROVISION OF RESIDENTIAL SERVICES.
    Subdivision 1. Residential care. The commissioner of human services may continue to
provide residential care in regional treatment centers.
    Subd. 2. Technical assistance. To the extent of available money, the commissioner of human
services may expand the capacity to provide technical assistance to community providers in
handling the behavior problems of their patients. Technical assistance may include site visits,
consultation with providers, or provider training.
    Subd. 3. Respite care. Respite care may be provided in a regional treatment center when
space is available if (1) payment for 20 percent of the prevailing facility per diem is guaranteed
by the person, the person's family or legal representative, or a source other than a direct state
appropriation to the regional treatment center and (2) provision of respite care to the individual
meets the facility's admission criteria and licensing standards. The parent or guardian must consent
to admission and sign a waiver of liability. Respite care is limited to 30 days within a calendar
year. No preadmission screening process is required for a respite care stay under this subdivision.
History: 1989 c 282 art 6 s 17
252.04 [Repealed, Ex1961 c 62 s 7]
252.041 [Repealed, 1971 c 637 s 7]
252.042 [Repealed, 1971 c 637 s 7]
252.043 [Repealed, 1971 c 637 s 7]
252.044 [Repealed, 1971 c 637 s 7]
252.045 [Repealed, 1971 c 637 s 7]
252.046 [Repealed, 1971 c 637 s 7]
252.047 [Repealed, 1969 c 204 s 4]
252.05 ABDUCTION OR ENTICING AWAY PROHIBITED; PENALTY.
Every person who shall abduct, entice, or carry away from a state hospital for persons with
developmental disabilities any resident thereof, who has not been legally discharged therefrom,
shall be guilty of a felony and punished by a fine of not to exceed $3,000 or imprisonment in the
Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud not
to exceed three years, or both, in the discretion of the court; any and every person who shall
abduct, entice, or carry away from any place other than a state hospital, a person duly committed
as developmentally disabled to the guardianship of the commissioner of human services with
the intention of wrongfully removing such person from the direct custody of the commissioner
of human services, such person known by the removing person to be under the supervision of
the commissioner of human services or the commissioner's agents, shall be guilty of a gross
misdemeanor.
History: (4502) 1923 c 365 s 1; 1929 c 231 s 1; 1953 c 593 s 2; 1965 c 45 s 22; 1967 c
6 s 2; 1979 c 102 s 13; 1983 c 10 s 1; 1984 c 628 art 3 s 11; 1984 c 654 art 5 s 58; 1985 c
21 s 23; 1986 c 444; 2005 c 56 s 1
252.06 SHERIFF TO TRANSPORT PERSONS.
It shall be the duty of the sheriff of any county, upon the request of the commissioner of
human services, to take charge of, transport, and deliver any person who has been committed by
the district court of any county to the care and custody of the commissioner of human services to
a state-operated services facility as may be designated by the commissioner of human services.
History: (4503) 1921 c 76 s 1; Ex1936 c 57 s 1; 1947 c 212 s 1; 1953 c 593 s 2; 1965 c
45 s 23; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 24; 1995 c 189 s 8; 1996 c 277 s
1; 1Sp2003 c 14 art 6 s 38
252.07 SHERIFF, EXPENSES.
In any county where the sheriff receives a salary in full compensation for official services
performed for the county, the sheriff shall receive no additional compensation for services
performed under the provisions of sections 252.06 to 252.08, but shall be reimbursed by the
county wherein such person with developmental disability was committed for the necessary
expenses incurred by the sheriff in taking charge of and transporting such person to a state hospital
and the subsistence of the sheriff and such person while enroute.
In any county where the sheriff does not receive a salary the sheriff shall be paid $5 a day for
the time necessarily employed in performance of the service, together with expenses incurred in
taking charge of and transporting such person to such state hospital and the subsistence of the
sheriff and such person while enroute.
When the person with developmental disability is not the same sex as the sheriff, the sheriff
shall appoint some suitable person of the same sex as the person with developmental disability
to act instead. The appointee shall exercise all the powers vested in the sheriff and shall be paid
$5 per day for the time necessarily employed in the performance of such service, together with
expenses incurred in taking charge of and transporting such person to such state hospital and the
subsistence of both while enroute.
History: (4504) 1921 c 76 s 2; Ex1936 c 57 s 2; 1947 c 212 s 2; 1951 c 339 s 1; 1965 c 45 s
24; 1983 c 10 s 1; 1985 c 21 s 25; 1986 c 444; 1987 c 49 s 6; 2005 c 56 s 1
252.08 DISTRICT COURT TO AUDIT EXPENSE ACCOUNTS.
The fees and expenses of any sheriff or other person performing the service under the
provisions of sections 252.06 to 252.08 shall be audited by a district court judge of the county
and paid by the county auditor and county treasurer upon the written order of the judge without
other or further allowance.
History: (4505) 1921 c 76 s 3; 1995 c 189 s 8; 1996 c 277 s 1
252.09 COURSES OF INSTRUCTION FOR TEACHERS.
The commissioner of human services may establish and maintain at the state hospital for
persons with developmental disabilities at Faribault courses of instruction for teachers and others
interested in the care and training of persons with developmental disabilities and make all
necessary rules for the organization and conduct of such courses.
History: (4506) 1913 c 261 s 1; 1965 c 45 s 25; 1967 c 6 s 2; 1983 c 10 s 1; 1984 c 654 art 5
s 58; 1985 c 21 s 26; 1985 c 248 s 70; 2005 c 56 s 1
252.10 [Repealed, 1Sp2003 c 14 art 6 s 68]
252.11 [Repealed, 1961 c 26 s 1]
252.12 [Repealed, 1961 c 26 s 1]
252.13 [Repealed, 1961 c 26 s 1]
252.14 [Repealed, 1961 c 26 s 1]
252.15 [Repealed, 1963 c 830 s 9]
252.16 [Repealed, 1963 c 830 s 9]
252.17 [Repealed, 1963 c 830 s 9]
252.18 [Repealed, 1963 c 830 s 9]
252.19 [Repealed, 1963 c 830 s 9]
252.20 [Repealed, 1963 c 830 s 9]
252.21 COUNTY BOARDS MAY MAKE GRANTS FOR DEVELOPMENTAL
ACHIEVEMENT CENTER SERVICES FOR CHILDREN WITH DEVELOPMENTAL
DISABILITIES.
In order to assist county boards in carrying out responsibilities for the provision of daytime
developmental achievement center services for eligible children, the county board or boards are
hereby authorized to make grants, within the limits of the money appropriated, to developmental
achievement centers for services to children with developmental disabilities. In order to fulfill
its responsibilities to children with developmental disabilities as required by sections 125A.03
to 125A.48, and 125A.65, a county board may, beginning January 1, 1983, contract with
developmental achievement centers or other providers.
History: 1963 c 830 s 1; 1974 c 480 s 5; 1977 c 337 s 2; 1979 c 324 s 24; 1981 c 355 s 24;
1985 c 21 s 28; 1987 c 403 art 5 s 2; 1994 c 647 art 13 s 19; 1998 c 397 art 11 s 3; 1Sp2003 c 14
art 11 s 11; 2005 c 56 s 1
252.22 APPLICANTS FOR ASSISTANCE; TAX LEVY.
Any city, town, governmental entity, nonprofit corporation, or any combination thereof,
may apply to the county board for assistance in establishing and operating a developmental
achievement center and program for children with developmental disabilities. Application for
such assistance shall be on forms supplied by the board. Each applicant shall annually submit to
the board its plan and budget for the next fiscal year. No applicant shall be eligible for a grant
hereunder unless its plan and budget have been approved by the board.
Any city, town, or county is authorized, at the discretion of its governing body, to make
grants from special tax revenues or from its general revenue fund to any nonprofit organization,
governmental or corporate, within or outside its jurisdiction, that has established a developmental
achievement center for children with developmental disabilities. Nothing contained herein shall in
any way preclude the use of funds available for this purpose under any existing statute or charter
provision relating to cities, towns, and counties.
History: 1963 c 830 s 2; 1965 c 480 s 1; 1967 c 878 s 1; 1971 c 668 s 2; 1973 c 123 art 5
s 7; 1973 c 583 s 16; 1973 c 773 s 1; 1974 c 480 s 6; 1977 c 337 s 3; 1979 c 324 s 25; 1985 c
21 s 29; 1987 c 403 art 5 s 3; 2005 c 56 s 1
252.23 ELIGIBILITY REQUIREMENTS.
A developmental achievement center shall:
(1) provide developmental services to children with developmental disabilities who can
benefit from the program of services; and
(2) comply with all rules duly adopted by the commissioner of human services.
History: 1963 c 830 s 3; 1971 c 584 s 1; 1974 c 480 s 7; 1977 c 337 s 4; 1984 c 654 art 5 s
58; 1985 c 21 s 30; 1987 c 403 art 5 s 4; 2005 c 56 s 1
252.24 DUTIES OF COUNTY BOARDS.
    Subdivision 1. Selection of developmental achievement centers. The county board shall
administer developmental achievement services. The county board shall ensure that transportation
is provided for children who fulfill the eligibility requirements of section 252.23, clause (1),
utilizing the most efficient and reasonable means available. The county board may contract for
developmental achievement services and transportation from a center which is licensed under the
provisions of sections 245A.01 to 245A.16, 252.28, and 257.175, and in the board's opinion, best
provides daytime developmental achievement services for children with developmental disabilities
within the appropriation and resources made available for this purpose. Daytime developmental
achievement services administered by the county board shall comply with standards established
by the commissioner pursuant to subdivision 2 and applicable federal regulations.
    Subd. 2. Supervision of projects; promulgation of rules. The commissioner of human
services shall closely supervise any developmental achievement center receiving a grant under
sections 252.21 to 252.25. The commissioner shall promulgate rules in the manner provided by
law as necessary to carry out the purposes of sections 252.21 to 252.25, including but not limited
to rules pertaining to facilities for housing developmental achievement centers, administration of
centers, and eligibility requirements for admission and participation in activities of the center.
    Subd. 3. Payment procedure. The board at the beginning of each year, shall allocate
available money for developmental achievement services for disbursement during the year
to those centers that have been selected to receive grants and whose plans and budgets have
been approved. The board shall, from time to time during the fiscal year, review the budgets,
expenditures and programs of the various centers and if it determines that any amount of funds
are not needed for any particular center to which they were allocated, it may, after 30 days' notice,
withdraw such funds as are unencumbered and reallocate them to other centers. It may withdraw
all funds from any center upon 90 days' notice whose program is not being administered in
accordance with its approved plan and budget.
    Subd. 4. Fees. The county board may, with the approval of the commissioner, establish a
schedule of fees for daytime developmental achievement services. No child, or family of a child,
with developmental disabilities shall be denied daytime developmental achievement services
because of an inability to pay such a fee.
    Subd. 5. Developmental achievement centers: salary adjustment per diem. The
commissioner shall approve a two percent increase in the payment rates for day training and
habilitation services vendors effective July 1, 1991. All revenue generated shall be used by
vendors to increase salaries, fringe benefits, and payroll taxes by at least three percent for
personnel below top management. County boards shall amend contracts with vendors to require
that all revenue generated by this provision is expended on salary increases to staff below top
management. County boards shall verify in writing to the commissioner that each vendor has
complied with this requirement. If a county board determines that a vendor has not complied
with this requirement for a specific contract period, the county board shall reduce the vendor's
payment rates for the next contract period to reflect the amount of money not spent appropriately.
The commissioner shall modify reporting requirements for vendors and counties as necessary
to monitor compliance with this provision.
History: 1963 c 830 s 4; 1967 c 878 s 2,3; 1969 c 905 s 1; 1971 c 584 s 2; 1971 c 668 s 1;
1973 c 583 s 17; 1974 c 406 s 44; 1974 c 480 s 1,2; 1975 c 238 s 2; 1976 c 163 s 52; 1977 c
337 s 5; 1977 c 347 s 38; 1979 c 324 s 26-28; 1981 c 355 s 25-27; 1983 c 312 art 9 s 1; 1984
c 654 art 5 s 58; 1985 c 21 s 31; 1986 c 444; 1987 c 384 art 2 s 1; 1987 c 403 art 5 s 5,6;
1989 c 209 art 2 s 1; 1991 c 292 art 4 s 7; 1Sp2003 c 14 art 11 s 11; 2005 c 10 art 1 s 46;
2005 c 56 s 1; 2005 c 98 art 3 s 15
252.25 BOARD OF DIRECTORS.
Every city, town, governmental entity, nonprofit corporation, or combination thereof,
establishing a developmental achievement center for children with developmental disabilities
shall, before it comes under the terms of sections 252.21 to 252.25, appoint a board of directors
for the center program. When any city or town singly establishes such a center, such board shall
be appointed by the chief executive officer of the city or the chair of the governing board of
the town. When any combination of cities, towns, or nonprofit corporations, establishes such a
center, the chief executive officers of the cities or nonprofit corporations and the chair of the
governing bodies of the towns shall appoint the board of directors. If a nonprofit corporation
singly establishes such a center, its chief executive officer shall appoint the board of directors of
the center. Membership on a board of directors while not mandatory, should be representative
of local health, education and welfare departments, medical societies, mental health centers,
associations concerned with developmental disabilities, civic groups, and the general public.
Nothing in sections 252.21 to 252.25 shall be construed to preclude the appointment of elected
or appointed public officials or members of the board of directors of the sponsoring nonprofit
corporation to such board of directors, or public schools from administering programs under
their present administrative structure.
History: 1963 c 830 s 5; 1973 c 123 art 5 s 7; 1974 c 480 s 3; 1977 c 337 s 6; 1979 c 324 s
29; 1985 c 21 s 32; 1986 c 444; 1987 c 384 art 2 s 1; 1987 c 403 art 5 s 7; 2005 c 56 s 1
252.26 [Repealed, 1981 c 355 s 34]
252.261 EXISTENCE.
Any daytime activity center in existence on September 1, 1977, shall be deemed to be a
developmental achievement center for the purposes of sections 252.21 to 252.25.
History: 1977 c 337 s 8; 1979 c 324 s 31; 1991 c 199 art 2 s 1
252.27 CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.
    Subdivision 1. County of financial responsibility. Whenever any child who has a
developmental disability, or a physical disability or emotional disturbance is in 24-hour care
outside the home including respite care, in a facility licensed by the commissioner of human
services, the cost of services shall be paid by the county of financial responsibility determined
pursuant to chapter 256G. If the child's parents or guardians do not reside in this state, the cost
shall be paid by the responsible governmental agency in the state from which the child came, by
the parents or guardians of the child if they are financially able, or, if no other payment source is
available, by the commissioner of human services.
    Subd. 1a. Definitions. A "related condition" is a condition that is found to be closely related
to developmental disability, including, but not limited to, cerebral palsy, epilepsy, autism, and
Prader-Willi syndrome and that meets all of the following criteria:
(a) is severe and chronic;
(b) results in impairment of general intellectual functioning or adaptive behavior similar to
that of persons with developmental disabilities;
(c) requires treatment or services similar to those required for persons with developmental
disabilities;
(d) is manifested before the person reaches 22 years of age;
(e) is likely to continue indefinitely;
(f) results in substantial functional limitations in three or more of the following areas of
major life activity: (1) self-care, (2) understanding and use of language, (3) learning, (4) mobility,
(5) self-direction, (6) capacity for independent living; and
(g) is not attributable to mental illness as defined in section 245.462, subdivision 20, or an
emotional disturbance as defined in section 245.4871, subdivision 15.
For purposes of paragraph (g), notwithstanding section 245.462, subdivision 20, or 245.4871,
subdivision 15
, "mental illness" does not include autism or other pervasive developmental
disorders.
    Subd. 2. Parental responsibility. Responsibility of the parents for the cost of services
shall be based upon ability to pay. The state agency shall adopt rules to determine responsibility
of the parents for the cost of services when:
(a) Insurance or other health care benefits pay some but not all of the cost of services; and
(b) No insurance or other health care benefits are available.
    Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor child,
including a child determined eligible for medical assistance without consideration of parental
income, must contribute to the cost of services used by making monthly payments on a sliding
scale based on income, unless the child is married or has been married, parental rights have been
terminated, or the child's adoption is subsidized according to section 259.67 or through title IV-E
of the Social Security Act.
(b) For households with adjusted gross income equal to or greater than 100 percent of federal
poverty guidelines, the parental contribution shall be computed by applying the following
schedule of rates to the adjusted gross income of the natural or adoptive parents:
(1) if the adjusted gross income is equal to or greater than 100 percent of federal poverty
guidelines and less than 175 percent of federal poverty guidelines, the parental contribution is
$4 per month;
(2) if the adjusted gross income is equal to or greater than 175 percent of federal poverty
guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental
contribution shall be determined using a sliding fee scale established by the commissioner of
human services which begins at one percent of adjusted gross income at 175 percent of federal
poverty guidelines and increases to 7.5 percent of adjusted gross income for those with adjusted
gross income up to 545 percent of federal poverty guidelines;
(3) if the adjusted gross income is greater than 545 percent of federal poverty guidelines
and less than 675 percent of federal poverty guidelines, the parental contribution shall be 7.5
percent of adjusted gross income;
(4) if the adjusted gross income is equal to or greater than 675 percent of federal poverty
guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall
be determined using a sliding fee scale established by the commissioner of human services which
begins at 7.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and
increases to ten percent of adjusted gross income for those with adjusted gross income up to
975 percent of federal poverty guidelines; and
(5) if the adjusted gross income is equal to or greater than 975 percent of federal poverty
guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior
to calculating the parental contribution. If the child resides in an institution specified in section
256B.35, the parent is responsible for the personal needs allowance specified under that section
in addition to the parental contribution determined under this section. The parental contribution
is reduced by any amount required to be paid directly to the child pursuant to a court order, but
only if actually paid.
(c) The household size to be used in determining the amount of contribution under paragraph
(b) includes natural and adoptive parents and their dependents, including the child receiving
services. Adjustments in the contribution amount due to annual changes in the federal poverty
guidelines shall be implemented on the first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural
or adoptive parents determined according to the previous year's federal tax form, except, effective
retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase
a home shall not be counted as income.
(e) The contribution shall be explained in writing to the parents at the time eligibility for
services is being determined. The contribution shall be made on a monthly basis effective with the
first month in which the child receives services. Annually upon redetermination or at termination
of eligibility, if the contribution exceeded the cost of services provided, the local agency or the
state shall reimburse that excess amount to the parents, either by direct reimbursement if the
parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees
until the excess amount is exhausted.
(f) The monthly contribution amount must be reviewed at least every 12 months; when there
is a change in household size; and when there is a loss of or gain in income from one month to
another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of
the effective date of a change in the contribution amount. A decrease in the contribution amount is
effective in the month that the parent verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each other shall each pay the contribution
required under paragraph (a). An amount equal to the annual court-ordered child support payment
actually paid on behalf of the child receiving services shall be deducted from the adjusted gross
income of the parent making the payment prior to calculating the parental contribution under
paragraph (b).
(h) The contribution under paragraph (b) shall be increased by an additional five percent if
the local agency determines that insurance coverage is available but not obtained for the child.
For purposes of this section, "available" means the insurance is a benefit of employment for a
family member at an annual cost of no more than five percent of the family's annual income. For
purposes of this section, "insurance" means health and accident insurance coverage, enrollment in
a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred
provider organization.
Parents who have more than one child receiving services shall not be required to pay
more than the amount for the child with the highest expenditures. There shall be no resource
contribution from the parents. The parent shall not be required to pay a contribution in excess
of the cost of the services provided to the child, not counting payments made to school districts
for education-related services. Notice of an increase in fee payment must be given at least 30
days before the increased fee is due.
(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the
12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a
complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce,
or litigated the complaint or appeal; and
(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
For purposes of this section, "insurance" has the meaning given in paragraph (h).
A parent who has requested a reduction in the contribution amount under this paragraph shall
submit proof in the form and manner prescribed by the commissioner or county agency, including,
but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents,
court documents, and the written response of the insurer approving insurance. The determinations
of the commissioner or county agency under this paragraph are not rules subject to chapter 14.
    Subd. 2b. Child's responsibility. Responsibility of the child for the cost of care shall be
up to the maximum amount of the total income and resources attributed to the child except
for the clothing and personal needs allowance as provided in section 256B.35, subdivision 1.
Reimbursement by the parents and child shall be made to the county making any payments for
services. The county board may require payment of the full cost of caring for children whose
parents or guardians do not reside in this state.
To the extent that a child described in subdivision 1 is eligible for benefits under chapter
62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.
    Subd. 2c.[Repealed, 1995 c 207 art 6 s 124]
    Subd. 3. Civil actions. If the parent fails to make appropriate reimbursement as required
in subdivision 2a and 2b, the attorney general, at the request of the commissioner, may institute
or direct the appropriate county attorney to institute civil action to recover the required
reimbursement.
    Subd. 4.[Repealed, 1986 c 414 s 5]
    Subd. 4a. Order of payment. If the parental contribution is for reimbursement for the
cost of services to both the local agency and the medical assistance program, the local agency
shall be reimbursed for its expenses first and the remainder must be deposited in the medical
assistance account.
    Subd. 5. Determination; redetermination; notice. A determination order and notice of
parental fee shall be mailed to the parent at least annually, or more frequently as provided in
Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain
the following information:
(1) the amount the parent is required to contribute;
(2) notice of the right to a redetermination and appeal; and
(3) the telephone number of the division at the Department of Human Services that is
responsible for redeterminations.
    Subd. 6. Appeals. A parent may appeal the determination or redetermination of an obligation
to make a contribution under this section, according to section 256.045. The parent must make a
request for a hearing in writing within 30 days of the date the determination or redetermination
order is mailed, or within 90 days of such written notice if the parent shows good cause why the
request was not submitted within the 30-day time limit. The commissioner must provide the
parent with a written notice that acknowledges receipt of the request and notifies the parent
of the date of the hearing. While the appeal is pending, the parent has the rights regarding
making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's
determination or redetermination is affirmed, the parent shall, within 90 calendar days after the
date an order is issued under section 256.045, subdivision 5, pay the total amount due from the
effective date of the notice of determination or redetermination that was appealed by the parent. If
the commissioner's order under this subdivision results in a decrease in the parental fee amount,
any payments made by the parent that result in an overpayment shall be credited to the parent as
provided in Minnesota Rules, part 9550.6235, subpart 3.
History: 1969 c 582 s 1; 1971 c 648 s 1,2; 1973 c 696 s 1; 1974 c 406 s 45; 1975 c 293 s 1;
1976 c 163 s 53; 1977 c 331 s 2,3; 1978 c 560 s 3; 1981 c 355 s 28,29; 1982 c 607 s 12; 1984 c
530 s 2,3; 1984 c 654 art 5 s 58; 1985 c 21 s 33; 1985 c 49 s 41; 1986 c 444; 1989 c 282 art 2 s
92; 1990 c 568 art 2 s 56; 1990 c 612 s 11; 1991 c 292 art 6 s 32,33; 1993 c 339 s 6,7; 1994 c
631 s 31; 1995 c 207 art 6 s 4-8; 1996 c 451 art 2 s 3; 1Sp2003 c 14 art 6 s 39; 2004 c 288 art
3 s 13; 2005 c 56 s 1; 1Sp2005 c 4 art 3 s 5
252.275 SEMI-INDEPENDENT LIVING SERVICES FOR PERSONS WITH
DEVELOPMENTAL DISABILITIES.
    Subdivision 1. Program. The commissioner of human services shall establish a
statewide program to provide support for persons with developmental disabilities to live
as independently as possible in the community. An objective of the program is to reduce
unnecessary use of intermediate care facilities for persons with developmental disabilities and
home and community-based services. The commissioner shall reimburse county boards for
semi-independent living services provided by agencies or individuals that meet the applicable
standards of sections 245A.01 to 245A.16 and 252.28, and for the provision of onetime living
allowances to secure and furnish a home for a person who will receive semi-independent living
services under this section, if other public funds are not available for the allowance.
For the purposes of this section, "semi-independent living services" means training and
assistance in managing money, preparing meals, shopping, maintaining personal appearance
and hygiene, and other activities which are needed to maintain and improve an adult with
developmental disability's capability to live in the community. Eligible persons:
(1) must be age 18 or older;
(2) must be unable to function independently without semi-independent living services; and
(3) must not be at risk of placement in an intermediate care facility for persons with
developmental disabilities in the absence of less restrictive services.
Semi-independent living services costs and onetime living allowance costs may be paid
directly by the county, or may be paid by the recipient with a voucher or cash issued by the county.
    Subd. 1a. Service requirements. The methods, materials, and settings used to provide
semi-independent living services to a person must be designed to:
(1) increase the person's independence in performing tasks and activities by teaching skills
that reduce dependence on caregivers;
(2) provide training in an environment where the skill being taught is typically used;
(3) increase the person's opportunities to interact with nondisabled individuals who are
not paid caregivers;
(4) increase the person's opportunities to use community resources and participate in
community activities, including recreational, cultural, and educational resources, stores,
restaurants, religious services, and public transportation;
(5) increase the person's opportunities to develop decision-making skills and to make
informed choices in all aspects of daily living, including:
(i) selection of service providers;
(ii) goals and methods;
(iii) location and decor of residence;
(iv) roommates;
(v) daily routines;
(vi) leisure activities; and
(vii) personal possessions;
(6) provide daily schedules, routines, environments and interactions similar to those of
nondisabled individuals of the same chronological age; and
(7) comply with section 245.825, subdivision 1.
    Subd. 2.[Repealed, 1991 c 292 art 6 s 59]
    Subd. 3. Reimbursement. Counties shall be reimbursed for all expenditures made pursuant
to subdivision 1 at a rate of 70 percent, up to the allocation determined pursuant to subdivisions 4
and 4b. However, the commissioner shall not reimburse costs of services for any person if the
costs exceed the state share of the average medical assistance costs for services provided by
intermediate care facilities for a person with a developmental disability for the same fiscal year,
and shall not reimburse costs of a onetime living allowance for any person if the costs exceed
$1,500 in a state fiscal year. The commissioner may make payments to each county in quarterly
installments. The commissioner may certify an advance of up to 25 percent of the allocation.
Subsequent payments shall be made on a reimbursement basis for reported expenditures and may
be adjusted for anticipated spending patterns.
    Subd. 4. Formula. The commissioner shall allocate funds on a calendar year basis. Beginning
with the calendar year in the 1996 grant period, funds shall be allocated first in amounts equal to
each county's guaranteed floor according to subdivision 4b, with any remaining available funds
allocated based on each county's portion of the statewide expenditures eligible for reimbursement
under this section during the 12 months ending on June 30 of the preceding calendar year.
If the legislature appropriates funds for special purposes, the commissioner may allocate the
funds based on proposals submitted by the counties to the commissioner in a format prescribed by
the commissioner. Nothing in this section prevents a county from using other funds to pay for
additional costs of semi-independent living services.
    Subd. 4a.[Repealed, 1995 c 207 art 3 s 23]
    Subd. 4b. Guaranteed floor. Each county shall have a guaranteed floor equal to the lesser
of clause (1) or (2):
(1) the county's original allocation for the preceding year; or
(2) 70 percent of the county's reported expenditures eligible for reimbursement during the
12 months ending on June 30 of the preceding calendar year.
Notwithstanding this subdivision, no county shall be allocated a guaranteed floor of less
than $1,000.
When the amount of funds available for allocation is less than the amount available in
the previous year, each county's previous year allocation shall be reduced in proportion to the
reduction in the statewide funding, to establish each county's guaranteed floor.
    Subd. 4c. Review of funds; reallocation. After each quarter, the commissioner shall review
county program expenditures. The commissioner may reallocate unexpended money at any time
among those counties which have earned their full allocation.
    Subd. 5. Displaced hospital workers. Providers of semi-independent living services shall
make reasonable efforts to hire qualified employees of regional treatment center developmental
disability units who have been displaced by reorganization, closure, or consolidation of regional
treatment center developmental disability units.
    Subd. 6. Rules. The commissioner may adopt rules in accordance with chapter 14 to govern
allocation, reimbursement, and compliance.
    Subd. 7. Reports. The commissioner shall specify requirements for reports, including
quarterly fiscal and annual program reports, according to section 256.01, subdivision 2, paragraph
(17).
    Subd. 8. Use of federal funds and transfer of funds to medical assistance. (a) The
commissioner shall make every reasonable effort to maximize the use of federal funds for
semi-independent living services.
(b) The commissioner shall reduce the payments to be made under this section to each
county from January 1, 1994 to June 30, 1996, by the amount of the state share of medical
assistance reimbursement for services other than residential services provided under the home
and community-based waiver program under section 256B.092 from January 1, 1994 to June 30,
1996, for clients for whom the county is financially responsible and who have been transferred by
the county from the semi-independent living services program to the home and community-based
waiver program. Unless otherwise specified, all reduced amounts shall be transferred to the
medical assistance state account.
(c) For fiscal year 1997, the base appropriation available under this section shall be reduced
by the amount of the state share of medical assistance reimbursement for services other than
residential services provided under the home and community-based waiver program authorized
in section 256B.092 from January 1, 1995 to December 31, 1995, for persons who have been
transferred from the semi-independent living services program to the home and community-based
waiver program. The base appropriation for the medical assistance state account shall be increased
by the same amount.
(d) For purposes of calculating the guaranteed floor under subdivision 4b and to establish the
calendar year 1996 allocations, each county's original allocation for calendar year 1995 shall be
reduced by the amount transferred to the state medical assistance account under paragraph (b)
during the six months ending on June 30, 1995. For purposes of calculating the guaranteed floor
under subdivision 4b and to establish the calendar year 1997 allocations, each county's original
allocation for calendar year 1996 shall be reduced by the amount transferred to the state medical
assistance account under paragraph (b) during the six months ending on December 31, 1995.
    Subd. 9. Compliance. If a county board or provider under contract with a county board to
provide semi-independent living services does not comply with this section and the rules adopted
by the commissioner of human services under this section, including the reporting requirements,
the commissioner may recover, suspend, or withhold payments.
    Subd. 10.[Repealed, 1995 c 207 art 3 s 23]
History: 1983 c 310 s 1; 1984 c 640 s 32; 1984 c 654 art 5 s 58; 1985 c 21 s 34,35; 1986 c
444; 1987 c 403 art 2 s 56-59; 1989 c 89 s 4; 1989 c 209 art 2 s 1; 1991 c 292 art 4 s 8; art 6
s 34; 1Sp1993 c 1 art 4 s 1,2; 1995 c 207 art 3 s 2-4; 1997 c 7 art 5 s 26; 1Sp2001 c 9 art
3 s 3; 2002 c 379 art 1 s 113; 2005 c 56 s 1
252.28 COMMISSIONER OF HUMAN SERVICES; DUTIES.
    Subdivision 1. Determinations; redeterminations. In conjunction with the appropriate
county boards, the commissioner of human services shall determine, and shall redetermine at
least every four years, the need, anticipated growth or decline in need until the next anticipated
redetermination, location, size, and program of public and private day training and habilitation
services for persons with developmental disabilities. This subdivision does not apply to
semi-independent living services and residential-based habilitation services provided to four or
fewer persons at a single site funded as home and community-based services. A determination of
need shall not be required for a change in ownership.
    Subd. 2. Rules; program standards; licenses. The commissioner of human services shall:
(1) Establish uniform rules and program standards for each type of residential and day
facility or service for persons with developmental disabilities, including state hospitals under
control of the commissioner and serving persons with developmental disabilities, and excluding
persons with developmental disabilities residing with their families.
(2) Grant licenses according to the provisions of Laws 1976, chapter 243, sections 2 to 13.
    Subd. 3. Licensing determinations. (1) No new license shall be granted pursuant to
this section when the issuance of the license would substantially contribute to an excessive
concentration of community residential facilities within any town, municipality or county of
the state.
(2) In determining whether a license shall be issued pursuant to this subdivision, the
commissioner of human services shall specifically consider the population, size, land use plan,
availability of community services and the number and size of existing public and private
community residential facilities in the town, municipality or county in which a licensee seeks to
operate a residence. Under no circumstances may the commissioner newly license any facility
pursuant to this section except as provided in section 245A.11. The commissioner of human
services shall establish uniform rules to implement the provisions of this subdivision.
(3) Licenses for community facilities and services shall be issued pursuant to section 245.821.
(4) No new license shall be granted for a residential program that provides home and
community-based waivered services to more than four individuals at a site, except as authorized
by the commissioner for emergency situations that would result in the placement of individuals
into regional treatment centers. Such licenses shall not exceed 24 months.
(5) The commissioner shall not approve a determination of need application that requests
that an existing residential program license under Minnesota Rules, parts 9525.0215 to 9525.0355
be modified in a manner that would result in the issuance of two or more licenses for the same
residential program at the same location.
    Subd. 3a. Licensing exception. (a) Notwithstanding the provisions of subdivision 3, the
commissioner may license service sites, each accommodating up to six residents moving from a
48-bed intermediate care facility for persons with developmental disabilities located in Dakota
County that is closing under section 252.292.
(b) Notwithstanding the provisions of any other state law or administrative rule, the rate
provisions of section 256I.05, subdivision 1, apply to the exception in this subdivision.
(c) If a service site is licensed for six persons according to this subdivision, the capacity of
the license may remain at six persons.
    Subd. 3b. Olmsted County licensing exemption. (a) Notwithstanding subdivision 3, the
commissioner may license service sites each accommodating up to five residents moving from a
43-bed intermediate care facility for persons with developmental disabilities located in Olmsted
County that is closing under section 252.292.
(b) Notwithstanding the provisions of any other state law or administrative rule, the rate
provisions of section 256I.05, subdivision 1, apply to the exception in this subdivision.
(c) If a service site is licensed for five persons according to this subdivision, the capacity of
the license may remain at five persons.
    Subd. 4. Rules; decertification of beds. The commissioner shall promulgate in rule
criteria for decertification of beds in intermediate care facilities for persons with developmental
disabilities, and shall encourage providers in voluntary decertification efforts. The commissioner
shall not recommend to the commissioner of health the involuntary decertification of an
intermediate care facility for beds for persons with developmental disabilities prior to the
availability of appropriate services for those residents affected by the decertification. The
commissioner of health shall decertify those intermediate care beds determined to be not needed
by the commissioner of human services.
    Subd. 5. Appeals. A county may appeal a determination of need, size, location, or program
according to chapter 14. Notice of appeals must be provided to the commissioner within 30 days
after the receipt of the commissioner's determination.
History: 1971 c 229 s 1; 1975 c 60 s 1; 1976 c 149 s 50; 1976 c 243 s 14; 1980 c 612 s 2;
1983 c 312 art 9 s 2; 1984 c 654 art 5 s 58; 1985 c 21 s 36; 1985 c 248 s 70; 1Sp1985 c 9 art
2 s 28; 1989 c 209 art 2 s 1; 1991 c 292 art 6 s 35-37; 1992 c 513 art 9 s 21; 1997 c 203 art
3 s 5; 1999 c 159 s 31; 1999 c 245 art 3 s 9; 2000 c 474 s 5; 2000 c 488 art 9 s 5; 2001 c 203
s 3,4; 2004 c 288 art 1 s 75; 2005 c 56 s 1
252.282 ICF/MR LOCAL SYSTEM NEEDS PLANNING.
    Subdivision 1. Host county responsibility. (a) For purposes of this section, "local system
needs planning" means the determination of need for ICF/MR services by program type, location,
demographics, and size of licensed services for persons with developmental disabilities or related
conditions.
(b) This section does not apply to semi-independent living services and residential-based
habilitation services funded as home and community-based services.
(c) In collaboration with the commissioner and ICF/MR providers, counties shall complete
a local system needs planning process for each ICF/MR facility. Counties shall evaluate the
preferences and needs of persons with developmental disabilities to determine resource demands
through a systematic assessment and planning process by May 15, 2000, and by July 1 every two
years thereafter beginning in 2001.
(d) A local system needs planning process shall be undertaken more frequently when the
needs or preferences of consumers change significantly to require reformation of the resources
available to persons with developmental disabilities.
(e) A local system needs plan shall be amended anytime recommendations for modifications
to existing ICF/MR services are made to the host county, including recommendations for:
(1) closure;
(2) relocation of services;
(3) downsizing; or
(4) modification of existing services for which a change in the framework of service delivery
is advocated.
    Subd. 2. Consumer needs and preferences. In conducting the local system needs planning
process, the host county must use information from the individual service plans of persons for
whom the county is financially responsible and of persons from other counties for whom the
county has agreed to be the host county. The determination of services and supports offered
within the county shall be based on the preferences and needs of consumers. The host county shall
also consider the community social services plan, waiting lists, and other sources that identify
unmet needs for services. A review of ICF/MR facility licensing and certification surveys,
substantiated maltreatment reports, and established service standards shall be employed to
assess the performance of providers and shall be considered in the county's recommendations.
Continuous quality improvement goals as well as consumer satisfaction surveys may also be
considered in this process.
    Subd. 3. Recommendations. (a) Upon completion of the local system needs planning
assessment, the host county shall make recommendations by May 15, 2000, and by July 1 every
two years thereafter beginning in 2001. If no change is recommended, a copy of the assessment
along with corresponding documentation shall be provided to the commissioner by July 1 prior
to the contract year.
(b) Except as provided in section 252.292, subdivision 4, recommendations regarding
closures, relocations, or downsizings that include a rate increase shall be submitted to the
statewide advisory committee for review, along with the assessment, plan, and corresponding
documentation that supports the payment rate adjustment request.
(c) Recommendations for closures, relocations, and downsizings that do not include a rate
increase and for modification of existing services for which a change in the framework of service
delivery is necessary shall be provided to the commissioner by July 1 prior to the contract year
or at least 90 days prior to the anticipated change, along with the assessment and corresponding
documentation.
    Subd. 4. Statewide advisory committee. (a) The commissioner shall appoint a five-member
statewide advisory committee. The advisory committee shall include representatives of providers
and counties and the commissioner or the commissioner's designee.
(b) The criteria for ranking proposals, already developed in 1997 by a task force authorized
by the legislature, shall be adopted and incorporated into the decision-making process. Specific
guidelines, including:
(1) time frame for submission of requests;
(2) the funds appropriated by the legislature for the purposes outlined in section 256B.5013,
subdivisions 2 and 3
; and
(3) state policy directions for the provision of services to persons with developmental
disabilities, shall be established and announced through the State Register, and all requests shall
be considered in comparison to each other and the ranking criteria. The advisory committee shall
review and recommend requests to the commissioner for approval of facility rate adjustments to
address closures, downsizings, or relocations. The committee shall ensure that:
(1) applications are in compliance with applicable state and federal law and with the state
plan;
(2) cost projections for the proposed service are within the fundings limits established by the
legislative appropriation; and
(3) their recommendations are submitted to the commissioner.
    Subd. 5. Responsibilities of commissioner. (a) In collaboration with counties, providers,
and the statewide advisory committee, the commissioner shall ensure that services recognize the
preferences and needs of persons with developmental disabilities and related conditions through a
recurring systemic review and assessment of ICF/MR facilities within the state.
(b) The commissioner shall publish a notice in the State Register no less than biannually
to announce the opportunity for counties or providers to submit requests for payment rate
adjustments associated with plans for downsizing, relocation, and closure of ICF/MR facilities.
(c) The commissioner shall designate funding parameters to counties and to the statewide
advisory committee for the overall implementation of system needs within the fiscal resources
allocated by the legislature.
(d) The commissioner shall contract with ICF/MR providers. The initial contracts shall
cover the period from October 1, 2000, to December 31, 2001. Subsequent contracts shall be for
two-year periods beginning January 1, 2002.
History: 1999 c 245 art 3 s 10; 2002 c 220 art 14 s 1-4; 1Sp2003 c 14 art 3 s 59; 2005
c 98 art 3 s 16
252.29 [Repealed, 1976 c 149 s 63]
252.291 LIMITATION ON DETERMINATION OF NEED.
    Subdivision 1. Moratorium. Notwithstanding section 252.28, subdivision 1, or any other
law or rule to the contrary, the commissioner of human services shall deny any request for a
determination of need and refuse to grant a license pursuant to section 245A.02 for any new
intermediate care facility for persons with developmental disabilities or for an increase in the
licensed capacity of an existing facility except as provided in this subdivision and subdivision
2. The total number of certified intermediate care beds for persons with developmental
disabilities in community facilities and state hospitals shall not exceed 7,000 beds except that,
to the extent that federal authorities disapprove any applications of the commissioner for home
and community-based waivers under United States Code, title 42, section 1396n, as amended
through December 31, 1987, the commissioner may authorize new intermediate care beds, as
necessary, to serve persons with developmental disabilities who would otherwise have been
served under a proposed waiver. "Certified bed" means an intermediate care bed for persons with
developmental disabilities certified by the commissioner of health for the purposes of the medical
assistance program under United States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1987.
    Subd. 2. Exceptions. (a) The commissioner of human services in coordination with
the commissioner of health may approve a newly constructed or newly established publicly
or privately operated community intermediate care facility for six or fewer persons with
developmental disabilities only when:
(1) the facility is developed in accordance with a request for proposal approved by the
commissioner of human services;
(2) the facility is necessary to serve the needs of identified persons with developmental
disabilities who are seriously behaviorally disordered or who are seriously physically or sensorily
impaired. No more than 40 percent of the capacity specified in the proposal submitted to the
commissioner must be used for persons being discharged from regional treatment centers; and
(3) the commissioner determines that the need for increased service capacity cannot be met
by the use of alternative resources or the modification of existing facilities.
(b) The percentage limitation in paragraph (a), clause (2), does not apply to state-operated,
community-based facilities.
    Subd. 2a. Exception for Lake Owasso project. (a) The commissioner shall authorize
and grant a license under chapter 245A to a new intermediate care facility for persons with
developmental disabilities effective January 1, 2000, under the following circumstances:
(1) the new facility replaces an existing 64-bed intermediate care facility for the
developmentally disabled located in Ramsey County;
(2) the new facility is located upon a parcel of land contiguous to the parcel upon which the
existing 64-bed facility is located;
(3) the new facility is comprised of no more than eight twin home style buildings and an
administration building;
(4) the total licensed bed capacity of the facility does not exceed 64 beds; and
(5) the existing 64-bed facility is demolished.
(b) The medical assistance payment rate for the new facility shall be the higher of the rate
specified in paragraph (c) or as otherwise provided by law.
(c) The new facility shall be considered a newly established facility for rate setting purposes
and shall be eligible for the investment per bed limit specified in section 256B.501, subdivision
11
, paragraph (c), and the interest expense limitation specified in section 256B.501, subdivision
11
, paragraph (d). Notwithstanding section 256B.5011, the newly established facility's initial
payment rate shall be set according to Minnesota Rules, part 9553.0075, and shall not be subject
to the provisions of section 256B.501, subdivision 5b.
(d) During the construction of the new facility, Ramsey County shall work with residents,
families, and service providers to explore all service options open to current residents of the
facility.
    Subd. 3. Duties of commissioner of human services. The commissioner shall:
(a) establish standard admission criteria for state hospitals and county utilization targets to
limit and reduce the number of intermediate care beds in state hospitals and community facilities
in accordance with approved waivers under United States Code, title 42, sections 1396 to 1396p,
as amended through December 31, 1987, to assure that appropriate services are provided in
the least restrictive setting;
(b) define services, including respite care, that may be needed in meeting individual service
plan objectives;
(c) provide technical assistance so that county boards may establish a request for proposal
system for meeting individual service plan objectives through home and community-based
services; alternative community services; or, if no other alternative will meet the needs of
identifiable individuals for whom the county is financially responsible, a new intermediate care
facility for persons with developmental disabilities;
(d) establish a client tracking and evaluation system as required under applicable federal
waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441, as
amended through December 31, 1987; and
(e) develop a state plan for the delivery and funding of residential day and support services
to persons with developmental disabilities in Minnesota. The biennial developmental disability
plan shall include but not be limited to:
(1) county by county maximum intermediate care bed utilization quotas;
(2) plans for the development of the number and types of services alternative to intermediate
care beds;
(3) procedures for the administration and management of the plan;
(4) procedures for the evaluation of the implementation of the plan; and
(5) the number, type, and location of intermediate care beds targeted for decertification.
The commissioner shall modify the plan to ensure conformance with the medical assistance
home and community-based services waiver.
    Subd. 4. Monitoring. The commissioner of human services, in coordination with the
commissioner of health, shall implement mechanisms to monitor and analyze the effect of the bed
moratorium in the different geographic areas of the state. The commissioner of human services
shall submit to the legislature annually beginning January 15, 1984, an assessment of the impact
of the moratorium by geographic areas.
    Subd. 5. Rulemaking. The commissioner of human services shall promulgate rules pursuant
to chapter 14, the Administrative Procedure Act, to implement this section.
History: 1983 c 312 art 9 s 3; 1984 c 640 s 32; 1984 c 654 art 5 s 58; 1985 c 21 s 37; 1987 c
185 art 2 s 1; 1987 c 333 s 22; 1988 c 689 art 2 s 111-113; 1989 c 282 art 6 s 18; 1997 c 7 art 2 s
38; art 5 s 27; 1999 c 245 art 3 s 11; 2005 c 56 s 1
252.292 COMMUNITY SERVICES CONVERSION PROJECT.
    Subdivision 1. Commissioner's duties; report. For the purposes of section 252.291,
subdivision 3
, the commissioner of human services shall ask counties to present proposals for the
voluntary conversion of services provided by community intermediate care facilities for persons
with developmental disabilities to services provided under home and community-based services.
The commissioner shall report to the legislature by March 1, 1988, on the status of the
community services conversion project. The report must include the project's cost, the number
of counties and facilities participating, the number and location of decertified community
intermediate care beds, and the project's effect on residents, former residents, and employees of
community intermediate care facilities for persons with developmental disabilities.
    Subd. 2. County proposals. (a) The commissioner may approve county proposals within
the limitations of this section. To be considered for approval, county proposals must contain
the following information:
(1) specific plans for the development and provision of alternative services for residents
moved from intermediate care facilities for persons with developmental disabilities;
(2) time lines and expected beginning dates for resident relocation and facility closure; and
(3) projected caseloads and expenditures for intermediate care facilities for persons with
developmental disabilities and for home and community-based services.
(b) Counties must ensure that residents discharged from facilities participating in the project
are moved to their home communities whenever possible. For the purposes of this section, "home
community" means the county of financial responsibility or a county adjacent to the county of
financial responsibility. The commissioner shall have the sole authority to waive this requirement
based on the choice of the person or the person's legal representative, if any.
(c) County proposals must comply with the need determination procedures in sections
252.28 and 252.291, the responsibility for persons with developmental disabilities specified in
section 256B.092, the requirements under United States Code, title 42, sections 1396 et seq., and
section 256B.501, and the rules adopted under these laws.
(d) The commissioner shall give first priority to proposals that:
(1) respond to the emergency relocation of a facility's residents;
(2) result in the closing of a facility;
(3) demonstrate that alternative placements will be developed based on individual resident
needs and applicable federal and state rules; and
(4) demonstrate savings of medical assistance expenditures. The commissioner shall give
second priority to proposals that meet all of the above criteria except clause (1).
(e) The commissioner shall select proposals that best meet the criteria established in this
subdivision within the appropriations made available for home and community-based services.
The commissioner shall notify counties and facilities of the selections made and approved by the
commissioner.
(f) For each proposal approved by the commissioner, a contract must be established between
the commissioner, the county where the facility is located, and the participating facility. The
contract must address the items in this subdivision and must be consistent with the requirements
of this section.
    Subd. 3. Home and community-based services. Home and community-based services shall
be allocated to participating counties to replace intermediate care facility services for persons
with developmental disabilities that are decertified through the project. One additional home
and community-based services placement shall be provided for each current resident of an
intermediate care facility for persons with developmental disabilities who chooses and is eligible
for home and community-based services. The placement must meet applicable federal and state
laws and rules. Additional home and community-based services placements will not be authorized
for persons transferred to other intermediate care facilities for persons with developmental
disabilities, including state hospitals, or to nursing homes licensed under chapter 144A, or for
persons determined ineligible for home and community-based services.
The county must provide quarterly reports to the commissioner regarding the number of
people moving out of participating facilities each month and their alternative placement. County
actions that result in a denial of services, failure to act with reasonable promptness, suspension,
reduction, or termination of services may be appealed by affected persons under section 256.045.
    Subd. 4. Facility rates. For purposes of this section, the commissioner shall establish
payment rates under section 256B.501 and Minnesota Rules, parts 9553.0010 to 9553.0080,
except that, in order to facilitate an orderly transition of residents from community intermediate
care facilities for persons with developmental disabilities to services provided under the home
and community-based services program, the commissioner may, in a contract with the provider,
modify the effect of provisions in Minnesota Rules, parts 9553.0010 to 9553.0080, as stated
in clauses (a) to (i):
(a) extend the interim and settle-up rate provisions to include facilities covered by this
section;
(b) extend the length of the interim period but not to exceed 12 months. The commissioner
may grant a variance to exceed the 12-month interim period, as necessary, for facilities which are
licensed and certified to serve more than 99 persons. In no case shall the commissioner approve
an interim period which exceeds 24 months;
(c) waive the investment per bed limitations for the interim period and the settle-up rate;
(d) limit the amount of reimbursable expenses related to the acquisition of new capital assets;
(e) prohibit the acquisition of additional capital debt or refinancing of existing capital debt
unless prior approval is obtained from the commissioner;
(f) establish an administrative operating cost limitation for the interim period and the
settle-up rate;
(g) require the retention of financial and statistical records until the commissioner has audited
the interim period and the settle-up rate;
(h) require that the interim period be audited by a certified or licensed public accounting
firm; or
(i) change any other provision to which all parties to the contract agree.
History: 1987 c 305 s 1; 1995 c 207 art 3 s 5; 2005 c 56 s 1
252.293 EMERGENCY RELOCATIONS.
    Subdivision 1. Emergency transfers. In emergency situations, the commissioner of
human services may order the relocation of existing intermediate care facility for persons with
developmental disabilities beds, transfer residents, and establish an interim payment rate under
the procedures contained in Minnesota Rules, part 9553.0075, for up to two years, as necessary
to ensure the replacement of the original services for the residents. The payment rate must be
based on projected costs and is subject to settle up. An emergency situation exists when it appears
to the commissioner of human services that the health, safety, or welfare of residents may be in
jeopardy due to imminent or actual loss of use of the physical plant or damage to the physical
plant making it temporarily or permanently uninhabitable. The subsequent rate for a facility
providing services for the same resident following the temporary emergency situation must be
based upon the costs incurred during the interim period if the residents are permanently placed in
the same facility. If the residents need to be relocated for permanent placements, the temporary
emergency location must close and the procedures for establishing rates for newly constructed or
newly established facilities must be followed. This provision regarding emergency situations does
not apply to facilities placed in receivership by the commissioner of human services under section
245A.12 or 245A.13, or facilities that have rates set under section 252.292, subdivision 4, or to
relocations of residents to existing facilities.
    Subd. 2. Approval of temporary locations. The commissioner of human services shall
notify the commissioner of health of the existence of the emergency and the decision to order the
relocation of residents. This notice shall also identify the temporary location or locations selected
by the commissioner of human services for the relocation of the residents. Notwithstanding the
provisions of section 252.291, the commissioner of health may license and certify the temporary
location or locations as an intermediate care facility for persons with developmental disabilities if
the location complies with the applicable state rules and federal regulations. The facility from
which the residents were relocated shall not be used to house residents until the commissioner
of human services authorizes the return of residents to the facility and the commissioner of
health verifies that the facility complies with the applicable state and federal regulations. If the
temporary location closes under the provisions of subdivision 1, the license and certification of the
temporary location is voided. The voiding of the license and certification shall not be considered
as a suspension, revocation, or nonrenewal of the license or as an involuntary decertification
of the facility.
History: 1991 c 292 art 6 s 38; 2005 c 56 s 1
252.294 CRITERIA FOR DOWNSIZING OF FACILITIES.
The commissioner of human services shall develop a process to evaluate and rank
proposals for the voluntary downsizing or closure of intermediate care facilities for persons with
developmental disabilities using the following guidelines:
(1) the extent to which the option matches overall policy direction of the department;
(2) the extent to which the option demonstrates respect for individual needs and allows
implementation of individual choice;
(3) the extent to which the option addresses safety, privacy, and other programmatic issues;
(4) the extent to which the option appropriately redesigns the overall community capacity;
and
(5) the cost of each option.
The process shall, to the extent feasible, be modeled on the nursing home moratorium
exception process, including procedures for administrative evaluation and approval of projects
within the limit of appropriations made available by the legislature.
History: 1997 c 203 art 9 s 4; 2005 c 56 s 1
252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY RESIDENTIAL
FACILITIES.
The commissioner of human services may make grants to nonprofit organizations,
municipalities or local units of government to provide up to 25 percent of the cost of constructing,
purchasing or remodeling small community residential facilities for persons with developmental
disabilities allowing such persons to live in a homelike atmosphere near their families. Operating
capital grants may also be made for up to three months of reimbursable operating costs after the
facility begins processing applications for admission and prior to reimbursement for services.
Repayment of the operating grants shall be made to the commissioner of human services at the
end of the provider's first fiscal year, or at the conclusion of the interim rate period, whichever
occurs first. No aid under this section shall be granted to a facility providing for more than 16
residents in a living unit and with more than two living units. The advisory council established
by section 252.31 shall recommend to the commissioner appropriate disbursement of the funds
appropriated by Laws 1973, chapter 673, section 3. Prior to any disbursement of funds the
commissioner shall review the plans and location of any proposed facility to determine whether
such a facility is needed. The commissioner shall promulgate such rules for the making of grants
and for the administration of this section as the commissioner deems proper. The remaining
portion of the cost of constructing, purchasing, remodeling facilities, or of operating capital
shall be borne by nonstate sources including federal grants, local government funds, funds from
charitable sources, gifts and mortgages.
History: 1973 c 673 s 2; 1980 c 367 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 38; 1985 c
248 s 70; 1986 c 444; 2005 c 56 s 1
252.31 ADVISORY TASK FORCE.
The commissioner of human services may appoint an advisory task force for services
to persons with developmental disabilities or physical disabilities. The task force shall advise
the commissioner relative to those laws which the commissioner is responsible to administer
and enforce relating to developmental disabilities and physical disabilities. The commissioner
also may request the task force for advice on implementing a comprehensive plan of services
necessary to provide for the transition of persons with developmental disabilities from regional
treatment centers services to community-based programs. The task force shall consist of persons
who are providers or consumers of service for persons with developmental disabilities or physical
disabilities, or who are interested citizens. The task force shall expire and the terms, compensation
and removal of members shall be as provided in section 15.059.
History: 1976 c 149 s 51; 1983 c 260 s 54; 1984 c 654 art 5 s 58; 1985 c 21 s 39; 1989 c
282 art 6 s 19; 2005 c 56 s 1
252.32 FAMILY SUPPORT PROGRAM.
    Subdivision 1. Program established. In accordance with state policy that all children are
entitled to live in families that offer safe, nurturing, permanent relationships, and that public
services be directed toward preventing the unnecessary separation of children from their families,
and because many families who have children with disabilities have special needs and expenses
that other families do not have, the commissioner of human services shall establish a program to
assist families who have dependent children with disabilities living in their home. The program
shall make support grants available to the families.
    Subd. 1a. Support grants. (a) Provision of support grants must be limited to families who
require support and whose dependents are under the age of 21 and who have been certified
disabled under section 256B.055, subdivision 12, paragraphs (a), (b), (c), (d), and (e). Families
who are receiving home and community-based waivered services for persons with developmental
disabilities are not eligible for support grants.
Families whose annual adjusted gross income is $60,000 or more are not eligible for support
grants except in cases where extreme hardship is demonstrated. Beginning in state fiscal year
1994, the commissioner shall adjust the income ceiling annually to reflect the projected change in
the average value in the United States Department of Labor Bureau of Labor Statistics Consumer
Price Index (all urban) for that year.
(b) Support grants may be made available as monthly subsidy grants and lump sum grants.
(c) Support grants may be issued in the form of cash, voucher, and direct county payment to
a vendor.
(d) Applications for the support grant shall be made by the legal guardian to the county
social service agency. The application shall specify the needs of the families, the form of the grant
requested by the families, and the items and services to be reimbursed.
    Subd. 2.[Repealed, 1Sp2003 c 14 art 3 s 60]
    Subd. 3. Amount of support grant; use. Support grant amounts shall be determined by the
county social service agency. Services and items purchased with a support grant must:
(1) be over and above the normal costs of caring for the dependent if the dependent did
not have a disability;
(2) be directly attributable to the dependent's disabling condition; and
(3) enable the family to delay or prevent the out-of-home placement of the dependent.
The design and delivery of services and items purchased under this section must suit the
dependent's chronological age and be provided in the least restrictive environment possible,
consistent with the needs identified in the individual service plan.
Items and services purchased with support grants must be those for which there are no other
public or private funds available to the family. Fees assessed to parents for health or human
services that are funded by federal, state, or county dollars are not reimbursable through this
program.
In approving or denying applications, the county shall consider the following factors:
(1) the extent and areas of the functional limitations of the disabled child;
(2) the degree of need in the home environment for additional support; and
(3) the potential effectiveness of the grant to maintain and support the person in the family
environment.
The maximum monthly grant amount shall be $250 per eligible dependent, or $3,000 per
eligible dependent per state fiscal year, within the limits of available funds. The county social
service agency may consider the dependent's supplemental security income in determining the
amount of the support grant.
Any adjustments to their monthly grant amount must be based on the needs of the family and
funding availability.
    Subd. 3a. Reports and allocations. (a) The commissioner shall specify requirements for
quarterly fiscal and annual program reports according to section 256.01, subdivision 2, paragraph
(17). Program reports shall include data which will enable the commissioner to evaluate program
effectiveness and to audit compliance. The commissioner shall reimburse county costs on a
quarterly basis.
(b) The commissioner shall allocate state funds made available under this section to county
social service agencies on a calendar year basis. The commissioner shall allocate to each county
first in amounts equal to each county's guaranteed floor as described in clause (1), and second, any
remaining funds will be allocated to county agencies to support children in their family homes.
(1) Each county's guaranteed floor shall be calculated as follows:
(i) 95 percent of the county's allocation received in the preceding calendar year;
(ii) when the amount of funds available for allocation is less than the amount available in
the preceding year, each county's previous year allocation shall be reduced in proportion to the
reduction in statewide funding, for the purpose of establishing the guaranteed floor.
(2) The commissioner shall regularly review the use of family support fund allocations by
county. The commissioner may reallocate unexpended or unencumbered money at any time to
those counties that have a demonstrated need for additional funding.
(c) County allocations under this section will be adjusted for transfers that occur according
to section 256.476 or when the county of financial responsibility changes according to chapter
256G for eligible recipients.
    Subd. 3b. Federal funds. The commissioner and the counties shall make every reasonable
effort to maximize the use of federal funds for family supports.
    Subd. 3c. County board responsibilities. County boards receiving funds under this section
shall:
(1) submit a plan to the department for the management of the family support grant program.
The plan must include the projected number of families the county will serve and policies and
procedures for:
(i) identifying potential families for the program;
(ii) grant distribution;
(iii) waiting list procedures; and
(iv) prioritization of families to receive grants;
(2) determine the eligibility of all persons proposed for program participation;
(3) approve a plan for items and services to be reimbursed and inform families of the
county's approval decision;
(4) issue support grants directly to, or on behalf of, eligible families;
(5) inform recipients of their right to appeal under subdivision 3e;
(6) submit quarterly financial reports under subdivision 3b and indicate the annual grant level
for each family, the families denied grants, and the families eligible but waiting for funding; and
(7) coordinate services with other programs offered by the county.
    Subd. 3d. Appeals. The denial, suspension, or termination of services under this program
may be appealed by a recipient or application under section 256.045, subdivision 3.
    Subd. 4.[Repealed, 1997 c 203 art 7 s 29]
    Subd. 5. Compliance. If a county board or grantee does not comply with this section, the
commissioner may recover, suspend, or withhold payments.
History: 1983 c 312 art 1 s 22; 1984 c 654 art 5 s 58; 1985 c 21 s 40; 1986 c 414 s 4; 1987 c
333 s 22; 1991 c 292 art 6 s 39; 1993 c 339 s 8; 1997 c 203 art 7 s 10-14; 1999 c 245 art 4 s 15;
2000 c 330 s 1,2; 1Sp2003 c 14 art 3 s 5-8; art 11 s 11; 2005 c 56 s 1
252.33 CLIENT ADVISORY COMMITTEES.
    Subdivision 1. Definition. For purposes of this section, the following terms have the
meanings given:
(a) "Client advisory committee" means a group of clients who represent client interests to
supervisors and employers in vocational programs.
(b) "Consumer-controlled organization" means a self-advocacy organization which is
controlled by a board having a majority of people with developmental disabilities.
    Subd. 2. Committees developed. The commissioner of employment and economic
development, through the division of rehabilitation resources, shall contract with a
consumer-controlled organization to develop client advisory committees in vocational settings in
developmental achievement centers, and state hospitals, and to allocate resources and technical
assistance to client advisory committees in rehabilitation facilities as defined in section 268A.01.
    Subd. 3. Purposes. A client advisory committee enables clients working in vocational
settings to advocate for themselves with regard to matters of common interest. A client advisory
committee may address any issue related to the vocational setting, including personnel policies,
wages, hours of work, kinds of work, transportation to and from the workplace, and behavior
problems. A client advisory committee may also meet to develop the skills and knowledge needed
to represent fellow clients, such as decision-making skills, assertiveness, and awareness of public
policies affecting people with developmental disabilities.
    Subd. 4. Membership. Members of a client advisory committee must be elected by clients
who work at the vocational setting.
History: 1987 c 370 art 1 s 2; 1988 c 689 art 2 s 268; 1994 c 483 s 1; 2004 c 206 s 52
252.40 SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES.
Sections 252.40 to 252.46 apply to day training and habilitation services for adults with
developmental disabilities when the services are authorized to be funded by a county and provided
under a contract between a county board and a vendor as defined in section 252.41. Nothing in
sections 252.40 to 252.46 absolves intermediate care facilities for persons with developmental
disabilities of the responsibility for providing active treatment and habilitation under federal
regulations with which those facilities must comply to be certified by the Minnesota Department
of Health.
History: 1987 c 403 art 5 s 8; 1997 c 7 art 1 s 96; 2005 c 56 s 1
252.41 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 252.40 to 252.46.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of the Department
of Human Services.
    Subd. 3. Day training and habilitation services for adults with developmental
disabilities. "Day training and habilitation services for adults with developmental disabilities"
means services that:
(1) include supervision, training, assistance, and supported employment, work-related
activities, or other community-integrated activities designed and implemented in accordance
with the individual service and individual habilitation plans required under Minnesota Rules,
parts 9525.0015 to 9525.0165, to help an adult reach and maintain the highest possible level of
independence, productivity, and integration into the community; and
(2) are provided under contract with the county where the services are delivered by a
vendor licensed under sections 245A.01 to 245A.16 and 252.28, subdivision 2, to provide day
training and habilitation services.
Day training and habilitation services reimbursable under this section do not include special
education and related services as defined in the Education of the Individuals with Disabilities
Act, United States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational
services funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29,
section 720, as amended.
    Subd. 4. Independence. "Independence" means the extent to which persons with
developmental disabilities exert control and choice over their own lives.
    Subd. 5. Integration. "Integration" means that persons with developmental disabilities:
(1) use the same community resources that are used by and available to individuals who
are not disabled;
(2) participate in the same community activities in which nondisabled individuals participate;
and
(3) regularly interact and have contact with nondisabled individuals.
    Subd. 6. Productivity. "Productivity" means that persons with developmental disabilities:
(1) engage in income-producing work designed to improve their income level, employment
status, or job advancement; or
(2) engage in activities that contribute to a business, household, or community.
    Subd. 7. Regional center. "Regional center" means any one of the seven state-operated
facilities under the direct administrative authority of the commissioner that serve persons with
developmental disabilities. The following facilities are regional centers: Brainerd Regional
Human Services Center; Cambridge Regional Treatment Center; Faribault Regional Center;
Fergus Falls Regional Treatment Center; Moose Lake Regional Treatment Center; St. Peter
Regional Treatment Center; and Willmar Regional Treatment Center.
    Subd. 8. Supported employment. "Supported employment" means employment of a person
with a disability so severe that the person needs ongoing training and support to get and keep
a job in which:
(1) the person engages in paid work at a work site where individuals without disabilities who
do not require public subsidies also may be employed;
(2) public funds are necessary to provide ongoing training and support services throughout
the period of the person's employment; and
(3) the person has the opportunity for social interaction with individuals who do not have
disabilities and who are not paid caregivers.
    Subd. 9. Vendor. "Vendor" means a nonprofit legal entity that:
(1) is licensed under sections 245A.01 to 245A.16 and 252.28, subdivision 2, to provide day
training and habilitation services to adults with developmental disabilities; and
(2) does not have a financial interest in the legal entity that provides residential services to
the same person or persons to whom it provides day training and habilitation services. This clause
does not apply to regional treatment centers, state-operated, community-based programs operating
according to section 252.50 until July 1, 2000, or vendors licensed prior to April 15, 1983.
History: 1987 c 403 art 5 s 9; 1988 c 532 s 2; 1989 c 209 art 2 s 1; 1989 c 282 art 6 s 20;
1Sp1993 c 1 art 4 s 3; 1997 c 7 art 1 s 97; 1Sp2003 c 14 art 3 s 9; 2005 c 56 s 1
252.42 SERVICE PRINCIPLES.
The design and delivery of services eligible for reimbursement under the rates established in
section 252.46 should reflect the following principles:
(1) Services must suit a person's chronological age and be provided in the least restrictive
environment possible, consistent with the needs identified in the person's individual service and
individual habilitation plans under Minnesota Rules, parts 9525.0015 to 9525.0165.
(2) A person with a developmental disability whose individual service and individual
habilitation plans authorize employment or employment-related activities shall be given the
opportunity to participate in employment and employment-related activities in which nondisabled
persons participate.
(3) A person with a developmental disability participating in work shall be paid wages
commensurate with the rate for comparable work and productivity except as regional centers
are governed by section 246.151.
(4) A person with a developmental disability shall receive services which include services
offered in settings used by the general public and designed to increase the person's active
participation in ordinary community activities.
(5) A person with a developmental disability shall participate in the patterns, conditions, and
rhythms of everyday living and working that are consistent with the norms of the mainstream
of society.
History: 1987 c 403 art 5 s 10; 2005 c 56 s 1
252.43 COMMISSIONER'S DUTIES.
The commissioner shall supervise county boards' provision of day training and habilitation
services to adults with developmental disabilities. The commissioner shall:
(1) determine the need for day training and habilitation services under section 252.28;
(2) approve payment rates established by a county under section 252.46, subdivision 1;
(3) adopt rules for the administration and provision of day training and habilitation services
under sections 252.40 to 252.46 and sections 245A.01 to 245A.16 and 252.28, subdivision 2;
(4) enter into interagency agreements necessary to ensure effective coordination and
provision of day training and habilitation services;
(5) monitor and evaluate the costs and effectiveness of day training and habilitation services;
and
(6) provide information and technical help to county boards and vendors in their
administration and provision of day training and habilitation services.
History: 1987 c 403 art 5 s 11; 1989 c 209 art 2 s 1; 1997 c 7 art 1 s 98; 2005 c 56 s 1
252.431 SUPPORTED EMPLOYMENT SERVICES; DEPARTMENTAL DUTIES;
COORDINATION.
The commissioners of employment and economic development, human services, and
education shall ensure that supported employment services provided as part of a comprehensive
service system will:
(1) provide the necessary supports to assist persons with severe disabilities to obtain and
maintain employment in normalized work settings available to the general work force that:
(i) maximize community and social integration; and
(ii) provide job opportunities that meet the individual's career potential and interests;
(2) allow persons with severe disabilities to actively participate in the planning and delivery
of community-based employment services at the individual, local, and state level; and
(3) be coordinated among the Departments of Human Services, Employment and Economic
Development, and Education to:
(i) promote the most efficient and effective funding;
(ii) avoid duplication of services; and
(iii) improve access and transition to employability services.
The commissioners of employment and economic development, human services, and
education shall report to the legislature by January 1993 on the steps taken to implement this
section.
History: 1992 c 459 s 1; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12; 2004
c 206 s 52
252.44 COUNTY BOARD RESPONSIBILITIES.
(a) When the need for day training and habilitation services in a county has been determined
under section 252.28, the board of commissioners for that county shall:
(1) authorize the delivery of services according to the individual service and habilitation
plans required as part of the county's provision of case management services under Minnesota
Rules, parts 9525.0015 to 9525.0165. For calendar years for which section 252.46, subdivisions 2
to 10
, apply, the county board shall not authorize a change in service days from the number of
days authorized for the previous calendar year unless there is documentation for the change in the
individual service plan. An increase in service days must also be supported by documentation
that the goals and objectives assigned to the vendor cannot be met more economically and
effectively by other available community services and that without the additional days of service
the individual service plan could not be implemented in a manner consistent with the service
principles in section 252.42;
(2) contract with licensed vendors, as specified in paragraph (b), under sections 256E.12 and
256B.092 and rules adopted under those sections;
(3) ensure that transportation is provided or arranged by the vendor in the most efficient
and reasonable way possible;
(4) set payment rates under section 252.46;
(5) monitor and evaluate the cost and effectiveness of the services; and
(6) reimburse vendors for the provision of authorized services according to the rates,
procedures, and regulations governing reimbursement.
(b) With all vendors except regional centers, the contract must include the approved payment
rates, the projected budget for the contract period, and any actual expenditures of previous and
current contract periods. With all vendors, including regional centers, the contract must also
include the amount, availability, and components of day training and habilitation services to be
provided, the performance standards governing service provision and evaluation, and the time
period in which the contract is effective.
History: 1987 c 403 art 5 s 12; 1Sp2003 c 14 art 11 s 11
252.45 VENDOR'S DUTIES.
A vendor's responsibility under clauses (1), (2), and (3) extends only to the provision of
services that are reimbursable under state and federal law. A vendor under contract with a county
board to provide day training and habilitation services shall:
(1) provide the amount and type of services authorized in the individual service plan under
Minnesota Rules, parts 9525.0015 to 9525.0165;
(2) design the services to achieve the outcomes assigned to the vendor in the individual
service plan;
(3) provide or arrange for transportation of persons receiving services to and from service
sites;
(4) enter into agreements with community-based intermediate care facilities for persons with
developmental disabilities to ensure compliance with applicable federal regulations; and
(5) comply with state and federal law.
History: 1987 c 403 art 5 s 13; 1991 c 292 art 6 s 58 subd 2; 2005 c 56 s 1
252.451 AGREEMENTS WITH BUSINESSES TO PROVIDE SUPPORT AND
SUPERVISION OF PERSONS WITH DEVELOPMENTAL DISABILITIES IN
COMMUNITY-BASED EMPLOYMENT.
    Subdivision 1. Definition. For the purposes of this section, "qualified business" means a
business that employs primarily nondisabled persons and will employ persons with developmental
disabilities. For purposes of this section, licensed providers of residential services for persons with
developmental disabilities are not a qualified business. A qualified business and its employees are
exempt from Minnesota Rules, parts 9525.1500 to 9525.1690 and 9525.1800 to 9525.1930.
    Subd. 2. Vendor participation and reimbursement. Notwithstanding requirements in
chapter 245A, and sections 252.28, 252.40 to 252.46, and 256B.501, vendors of day training and
habilitation services may enter into written agreements with qualified businesses to provide
additional training and supervision needed by individuals to maintain their employment.
    Subd. 3. Agreement specifications. Agreements must include the following:
(1) the type and amount of supervision and support to be provided by the business to the
individual in accordance with their needs as identified in their individual service plan;
(2) the methods used to periodically assess the individual's satisfaction with their work,
training, and support;
(3) the measures taken by the qualified business and the vendor to ensure the health, safety,
and protection of the individual during working hours, including the reporting of abuse and
neglect under state law and rules;
(4) the training and support services the vendor will provide to the qualified business,
including the frequency of on-site supervision and support; and
(5) any payment to be made to the qualified business by the vendor. Payment to the business
must be limited to:
(i) additional costs of training coworkers and managers that exceed ordinary and customary
training costs and are a direct result of employing a person with a developmental disability; and
(ii) additional costs for training, supervising, and assisting the person with a developmental
disability that exceed normal and customary costs required for performing similar tasks or duties.
Payments made to a qualified business under this section must not include incentive payments
to the qualified business or salary supplementation for the person with a developmental disability.
    Subd. 4. Client protection. Persons receiving training and support under this section may
not be denied their rights or procedural protections under section 256.045, subdivision 4a, or
256B.092, including the county agency's responsibility to arrange for appropriate services, as
necessary, in the event that persons lose their job or the contract with the qualified business is
terminated.
    Subd. 5. Vendor payment. (a) For purposes of this section, the vendor shall bill and the
commissioner shall reimburse the vendor for full-day or partial-day services to a client that would
otherwise have been paid to the vendor for providing direct services, provided that both of the
following criteria are met:
(1) the vendor provides services and payments to the qualified business that enable the
business to perform support and supervision services for the client that the vendor would
otherwise need to perform; and
(2) the client for whom a rate will be billed will receive full-day or partial-day services from
the vendor and the rate to be paid the vendor will allow the client to work with this support and
supervision at the qualified business instead of receiving these services from the vendor.
(b) Medical assistance reimbursement of services provided to persons receiving day training
and habilitation services under this section is subject to the limitations on reimbursement for
vocational services under federal law and regulation.
History: 1Sp1993 c 1 art 4 s 4; 1Sp1993 c 6 s 41; 1998 c 284 s 1; 2005 c 56 s 1
252.452 [Expired April 25 1994]
252.46 PAYMENT RATES.
    Subdivision 1. Rates. (a) Payment rates to vendors, except regional centers, for
county-funded day training and habilitation services and transportation provided to persons
receiving day training and habilitation services established by a county board are governed by
subdivisions 2 to 19. The commissioner shall approve the following three payment rates for
services provided by a vendor:
(1) a full-day service rate for persons who receive at least six service hours a day, including
the time it takes to transport the person to and from the service site;
(2) a partial-day service rate that must not exceed 75 percent of the full-day service rate for
persons who receive less than a full day of service; and
(3) a transportation rate for providing, or arranging and paying for, transportation of a person
to and from the person's residence to the service site.
(b) Notwithstanding any law or rule to the contrary, the commissioner may authorize
county participation in a voluntary individualized payment rate structure for day training and
habilitation services to allow a county the flexibility to change, after consulting with providers,
from a site-based payment rate structure to an individual payment rate structure for the providers
of day training and habilitation services in the county. The commissioner shall seek input from
providers and consumers in establishing procedures for determining the structure of voluntary
individualized payment rates to ensure that there is no additional cost to the state or counties and
that the rate structure is cost-neutral to providers of day training and habilitation services, on July
1, 2004, or on day one of the individual rate structure, whichever is later.
(c) Medical assistance rates for home and community-based service provided under section
256B.501, subdivision 4, by licensed vendors of day training and habilitation services must not
be greater than the rates for the same services established by counties under sections 252.40
to 252.46. For very dependent persons with special needs the commissioner may approve an
exception to the approved payment rate under section 256B.501, subdivision 4 or 8.
    Subd. 2. Rate minimum. Unless a variance is granted under subdivision 6, the minimum
payment rates set by a county board for each vendor must be equal to the payment rates approved
by the commissioner for that vendor in effect January 1 of the previous calendar year.
    Subd. 3. Rate maximum. Unless a variance is granted under subdivision 6, the maximum
payment rates for each vendor for a calendar year must be equal to the payment rates approved
by the commissioner for that vendor in effect December 1 of the previous calendar year. The
commissioner of finance shall include as a budget change request in each biennial detailed
expenditure budget submitted to the legislature under section 16A.11 annual inflation adjustments
in reimbursement rates for each vendor, based upon the projected percentage change in the Urban
Consumer Price Index, all items, published by the United States Department of Labor, for the
upcoming calendar year over the current calendar year.
    Subd. 4. New vendors. (a) Payment rates established by a county for a new vendor for which
there were no previous rates must not exceed 95 percent of the greater of 125 percent of the
statewide median rates or 125 percent of the average payment rates in the regional development
commission district under sections 462.381 to 462.396 in which the new vendor is located unless
the criteria in paragraph (b) are met.
(b) A payment rate equal to 200 percent of the statewide average rates shall be assigned
to persons served by the new vendor when those persons are persons with very severe
self-injurious or assaultive behaviors, persons with medical conditions requiring delivery of
physician-prescribed medical interventions at one-to-one staffing for at least 15 minutes each time
they are performed, or persons discharged from a regional treatment center after May 1, 1993, to
the vendor's program. All other persons for whom the new service is needed must be assigned
a rate equal to 95 percent of the greater of 125 percent of the statewide median rates or 125
percent of the regional average rates, whichever is higher, and the maximum payment rate that
may be recommended is determined by multiplying the number of clients at each limit by the
rate corresponding to that limit and dividing the sum by the total number of clients. When the
recommended payment rates exceed 95 percent of 125 percent of the greater of the statewide
median or regional average rates, whichever is higher, the county must include documentation
verifying the medical or behavioral needs of clients. The approved payment rates must be based
on 12 months budgeted expenses divided by at least 90 percent of authorized service units
associated with the new vendor's licensed capacity. The county must include documentation
verifying the person's discharge from a regional treatment center and that admission of new
clients to existing services eligible for a rate variance under subdivision 6 was considered before
recommending payment rates for a new vendor. Nothing in this subdivision permits development
of a new program that primarily results in refinancing of services for individuals already receiving
services in existing programs.
    Subd. 5. Submitting recommended rates. The county board shall submit recommended
payment rates to the commissioner on forms supplied by the commissioner at least 60 days before
revised payment rates or payment rates for new vendors are to be effective. The forms must
include the county board's written verification of the individual documentation required under
section 252.44, clause (a). If a vendor provides services at more than one licensed site, the county
board may recommend the same payment rates for each site based on the average rate for all sites.
The county board may also recommend differing payment rates for each licensed site if it would
result in a total annual payment to the vendor that is equal to or less than the total annual payment
that would result if the average rates had been used for all sites. For purposes of this subdivision,
the average payment rate for all service sites used by a vendor must be computed by adding the
amounts that result when the payment rates for each licensed site are multiplied by the projected
annual number of service units to be provided at that site and dividing the sum of those amounts
by the total units of service to be provided by the vendor at all sites.
    Subd. 6. Variances. (a) A variance from the minimum or maximum payment rates in
subdivisions 2 and 3 may be granted by the commissioner when the vendor requests and the
county board submits to the commissioner a written variance request on forms supplied by the
commissioner with the recommended payment rates.
(b) A variance to the rate maximum may be utilized for costs associated with compliance
with state administrative rules, compliance with court orders, capital costs required for continued
licensure, increased insurance costs, start-up and conversion costs for supported employment,
direct service staff salaries and benefits, transportation, and other program related costs when one
of the criterion in clauses (1) to (4) is also met:
(1) A determination of need under section 252.28 is approved for a significant program
change that is necessary for a vendor to provide authorized services to one or more clients who
meet one or more of the following criteria:
(A) the client is a new client and:
(i) exhibits severe behavior as indicated on the screening document;
(ii) periodically requires one-to-one staff time for at least 15 minutes at a time to deliver
physician prescribed medical interventions; or
(iii) has been discharged directly to the vendor's program from a regional treatment center
or the Minnesota extended treatment option.
(B) the client is an existing client who has developed one of the following changed
circumstances which increases costs that are not covered by the vendor's current rate, and for
whom a significant program change is necessary to ensure the continued provision of authorized
services to that client:
(i) severe behavior as indicated on the screening document;
(ii) a medical condition periodically requiring one-to-one staff time for at least 15 minutes at
a time to deliver physician prescribed medical interventions; or
(iii) a permanent decrease in skill functioning, as verified by medical reports or assessments;
(2) A licensing determination requires a program change that the vendor cannot comply with
due to funding restraints;
(3) A determination of need under section 252.28 is approved for a significant and permanent
decrease in licensed capacity and the vendor demonstrates the need to retain certain staffing
levels to serve the remaining clients; or
(4) In cases where conditions in clauses (1) to (3) do not apply, but a determination of need
under section 252.28 is approved for an unusual circumstance which exists that significantly
impacts the type or amount of services delivered, as evidenced by documentation presented by the
vendor and with the concurrence of the commissioner.
(c) A variance to the rate minimum may be granted when:
(1) the county board contracts for increased services from a vendor and for some or all
individuals receiving services from the vendor lower per unit fixed costs result; or
(2) the actual costs of delivering authorized service over a 12-month contract period have
decreased.
(d) The written variance request under this subdivision must include documentation that all
the following criteria have been met:
(1) The commissioner and the county board have both conducted a review and have
identified a need for a change in the payment rates and recommended an effective date for the
change in the rate.
(2) The vendor documents efforts to reallocate current staff and any additional staffing
needs cannot be met by using temporary special needs rate exceptions under Minnesota Rules,
parts 9510.1020 to 9510.1140.
(3) The vendor documents that financial resources have been reallocated before applying for
a variance. No variance may be granted for equipment, supplies, or other capital expenditures
when depreciation expense for repair and replacement of such items is part of the current rate.
(4) For variances related to loss of clientele, the vendor documents the other program and
administrative expenses, if any, that have been reduced.
(5) The county board submits verification of the conditions for which the variance is
requested, a description of the nature and cost of the proposed changes, and how the county will
monitor the use of money by the vendor to make necessary changes in services.
(6) The county board's recommended payment rates do not exceed 95 percent of the greater
of 125 percent of the current statewide median or 125 percent of the regional average payment
rates, whichever is higher, for each of the regional commission districts under sections 462.381 to
462.396 in which the vendor is located except for the following: when a variance is recommended
to allow authorized service delivery to new clients with severe behaviors or with medical
conditions requiring delivery of physician prescribed medical interventions, or to persons being
directly discharged from a regional treatment center or Minnesota extended treatment options to
the vendor's program, those persons must be assigned a payment rate of 200 percent of the current
statewide average rates. All other clients receiving services from the vendor must be assigned a
payment rate equal to the vendor's current rate unless the vendor's current rate exceeds 95 percent
of 125 percent of the statewide median or 125 percent of the regional average payment rates,
whichever is higher. When the vendor's rates exceed 95 percent of 125 percent of the statewide
median or 125 percent of the regional average rates, the maximum rates assigned to all other
clients must be equal to the greater of 95 percent of 125 percent of the statewide median or 125
percent of the regional average rates. The maximum payment rate that may be recommended for
the vendor under these conditions is determined by multiplying the number of clients at each limit
by the rate corresponding to that limit and then dividing the sum by the total number of clients.
(e) The commissioner shall have 60 calendar days from the date of the receipt of the
complete request to accept or reject it, or the request shall be deemed to have been granted. If the
commissioner rejects the request, the commissioner shall state in writing the specific objections to
the request and the reasons for its rejection.
    Subd. 7. Rate reconsiderations. A host county that disagrees with a rate decision of the
commissioner under subdivision 6 or 9 may request reconsideration by the commissioner within
45 days after the date the host county received notification of the commissioner's decision. The
request must state the reasons why the host county is requesting reconsideration of the rate
decision and present evidence explaining the host county's disagreement with the rate decision.
The commissioner shall review the host county's evidence and provide the host county with
written notification of the decision on the request within 60 days. The commissioner's decision
on the request is final.
Until a reconsideration request is decided, payments must continue at a rate the commissioner
determines complies with this section. If a higher rate is approved, the commissioner shall order a
retroactive payment as determined in the commissioner's decision.
    Subd. 8. Commissioner's notice to boards, vendors. The commissioner shall notify the
county boards and vendors of the average regional payment rates, 95 percent of 125 percent of
the average regional payments rates for each of the regional development commission districts
designated in sections 462.381 to 462.396, 95 percent of 125 percent of the statewide median
rates, and 200 percent of the statewide average rates.
    Subd. 9. Approval or denial of rates. The commissioner shall approve the county board's
recommended payment rates when the rates and verification justifying the projected service units
comply with subdivisions 2 to 18. The commissioner shall notify the county board in writing of
the approved payment rates within 60 days of receipt of the rate recommendations. If the rates
are not approved, or if rates different from those originally recommended are approved, the
commissioner shall within 60 days of receiving the rate recommendation notify the county board
in writing of the reasons for denying or substituting a different rate for the recommended rates.
Approved payment rates remain effective until the commissioner approves different rates in
accordance with subdivisions 2 and 3.
    Subd. 10. Vendor's report; audit. The vendor shall report to the commissioner and the
county board on forms prescribed by the commissioner at times specified by the commissioner.
The reports shall include programmatic and fiscal information. The audit must be done according
to generally accepted auditing standards to result in statements that include a balance sheet,
income statement, changes in financial position, and the certified public accountant's opinion.
The county's annual audit shall satisfy the audit required under this subdivision for any
county-operated day training and habilitation program. Except for day training and habilitation
programs operated by a county, the audit must provide supplemental statements for each day
training and habilitation program with an approved unique set of rates.
    Subd. 11. Improper transactions. Transactions that have the effect of circumventing
subdivisions 1 to 18 must not be considered by the commissioner for the purpose of payment rate
approval under the principle that the substance of the transaction prevails over the form.
    Subd. 12.[Repealed, 1Sp1993 c 1 art 4 s 14]
    Subd. 13.[Repealed, 1Sp1993 c 1 art 4 s 14]
    Subd. 14.[Repealed, 1Sp1993 c 1 art 4 s 14]
    Subd. 15.[Repealed, 1992 c 513 art 9 s 44]
    Subd. 16. Payment rate criteria; allocation of expenditures. Payment rates approved
under subdivision 9 must reflect the payment rate criteria in paragraphs (a) and (b) and the
allocation principles in paragraph (c).
(a) Payment rates must be based on reasonable costs that are ordinary, necessary, and related
to delivery of authorized client services.
(b) The commissioner shall not pay for: (i) unauthorized service delivery; (ii) services
provided in accordance with receipt of a special grant; (iii) services provided under contract to a
local school district; (iv) extended employment services under Minnesota Rules, parts 3300.1950
to 3300.3050, or vocational rehabilitation services provided under Title I, section 110 or Title
VI-C, Rehabilitation Act Amendments of 1992, as amended, and not through use of medical
assistance or county social service funds; or (v) services provided to a client by a licensed
medical, therapeutic, or rehabilitation practitioner or any other vendor of medical care which are
billed separately on a fee for service basis.
(c) On an annual basis, actual and projected contract year expenses must be allocated to
standard budget line items corresponding to direct and other program and administrative expenses
as submitted to the commissioner with the host county's recommended payment rates. Central or
corporate office costs must be allocated to licensed vendor sites within the group served by the
central or corporate office according to the cost allocation principles under section 256B.432.
(d) The vendor must maintain records documenting that clients received the billed services.
    Subd. 17. Hourly rate structure. Counties participating as host counties under the pilot
study of hourly rates established under Laws 1988, chapter 689, article 2, section 117, may
recommend continuation of the hourly rates for participating vendors. The recommendation must
be made annually under subdivision 5 and according to the methods and standards provided by
the commissioner. The commissioner shall approve the hourly rates when service authorization,
billing, and payment for services is possible through the Medicaid management information
system and the other criteria in this subdivision are met. Counties and vendors operating under
the pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117,
shall work with the commissioner to translate the hourly rates and actual expenditures into
rates meeting the criteria in subdivisions 1 to 16 unless hourly rates are approved under this
subdivision. If the rates meeting the criteria in subdivisions 1 to 16 are lower than the county's or
vendor's current rate, the county or vendor must continue to receive the current rate.
    Subd. 18. Pilot study rates. By January 1, 1994, counties and vendors operating under the
pilot study of hourly rates established under Laws 1988, chapter 689, article 2, section 117,
shall work with the commissioner to translate the hourly rates and actual expenditures into rates
meeting the criteria in subdivisions 1 to 16 unless hourly rates are approved under subdivision 17.
    Subd. 19. Vendor appeals. With the concurrence of the county board, a vendor may appeal
the commissioner's rejection of a variance request which has been submitted by the county under
subdivision 6 and may appeal the commissioner's denial under subdivision 9 of a rate which has
been recommended by the county. To appeal, the vendor and county board must file a written
notice of appeal with the commissioner. The notice of appeal must be filed or received by the
commissioner within 45 days of the postmark date on the commissioner's notification to the
vendor and county agency that a variance request or county recommended rate has been denied.
The notice of appeal must specify the reasons for the appeal, the dollar amount in dispute, and the
basis in statute or rule for challenging the commissioner's decision.
Within 45 days of receipt of the notice of appeal, the commissioner must convene a
reconciliation conference to attempt to resolve the rate dispute. If the dispute is not resolved to
the satisfaction of the parties, the parties may initiate a contested case proceeding under sections
14.57 to 14.69. In a contested case hearing held under this section, the appealing party must
demonstrate by a preponderance of the evidence that the commissioner incorrectly applied the
governing law or regulations, or that the commissioner improperly exercised the commissioner's
discretion, in refusing to grant a variance or in refusing to adopt a county recommended rate.
Until the appeal is fully resolved, payments must continue at the existing rate pending the
appeal. Retroactive payments consistent with the final decision shall be made after the appeal is
fully resolved.
    Subd. 20. Study of day training and habilitation vendors. The commissioner shall study
the feasibility of grouping vendors of similar size, location, direct service staffing needs or
performance outcomes to establish payment rate limits that define cost-effective service. Based
on the conclusions of the feasibility study the department shall consider developing a method
to redistribute dollars from less cost-effective to more cost-effective services based on vendor
achievement of performance outcomes. The department shall report to the legislature by January
15, 1996, with results of the study and recommendations for further action. The department shall
consult with an advisory committee representing counties, service consumers, vendors, and
the legislature.
    Subd. 21. Managed care pilot. (a) The commissioner may initiate a capitated risk-based
managed care option for persons with developmental disabilities, which includes capitated
payments for day training and habilitation and alternative active treatment services. The
commissioner may permit the health plan, care system, or other health plan network participating
in this managed care option to negotiate day training and habilitation rates. The commissioner
may grant a variance to any of the provisions in sections 252.40 to 252.46 and Minnesota Rules,
parts 9525.1200 to 9525.1580, necessary to implement the pilot.
(b) The commissioner shall report to the legislature financial and program results along with
a recommendation as to whether the pilot should be expanded.
History: 1987 c 403 art 5 s 14; 1988 c 532 s 3-8; 1988 c 689 art 2 s 114-117; 1989 c 282 art
2 s 93-98; 1990 c 568 art 3 s 8-12; 1991 c 292 art 4 s 9-11; art 6 s 40; 1992 c 513 art 7 s 12;
1Sp1993 c 1 art 4 s 6; 1Sp1993 c 6 s 42; 1995 c 207 art 3 s 6-11; 1997 c 7 art 1 s 99; 1997 c 36 s
1; 1999 c 245 art 5 s 11; 2003 c 47 s 1; 1Sp2003 c 14 art 3 s 10; 2005 c 56 s 1; 2005 c 98 art 3 s 17
252.47 [Repealed, 1995 c 207 art 7 s 43]
252.478 [Repealed, 1Sp1993 c 1 art 5 s 134]
252.50 STATE-OPERATED PROGRAMS.
    Subdivision 1. Community-based programs established. The commissioner shall
establish a system of state-operated, community-based programs for persons with developmental
disabilities. For purposes of this section, "state-operated, community-based program" means
a program administered by the state to provide treatment and habilitation in noninstitutional
community settings to persons with developmental disabilities. Employees of the programs
must be state employees under chapters 43A and 179A. The establishment of state-operated,
community-based programs must be within the context of a comprehensive definition of the role
of state-operated services in the state. The role of state-operated services must be defined within
the context of a comprehensive system of services for persons with developmental disabilities.
State-operated, community-based programs may include, but are not limited to, community
group homes, foster care, supportive living services, day training and habilitation programs, and
respite care arrangements. The commissioner may operate the pilot projects established under
Laws 1985, First Special Session chapter 9, article 1, section 2, subdivision 6, and shall, within
the limits of available appropriations, establish additional state-operated, community-based
programs for persons with developmental disabilities. State-operated, community-based programs
may accept admissions from regional treatment centers, from the person's own home, or from
community programs. State-operated, community-based programs offering day program services
may be provided for persons with developmental disabilities who are living in state-operated,
community-based residential programs until July 1, 2000. No later than 1994, the commissioner,
together with family members, counties, advocates, employee representatives, and other interested
parties, shall begin planning so that by July 1, 2000, state-operated, community-based residential
facilities will be in compliance with section 252.41, subdivision 9.
    Subd. 2. Authorization to build or purchase. Within the limits of available appropriations,
the commissioner may build, purchase, or lease suitable buildings for state-operated,
community-based programs. The commissioner must develop the state-operated community
residential facilities authorized in the worksheets of the house appropriations and senate finance
committees. If financing through state general obligation bonds is not available, the commissioner
shall finance the purchase or construction of state-operated, community-based facilities with
the Minnesota Housing Finance Agency. The commissioner shall make payments through the
Department of Administration to the Minnesota Housing Finance Agency in repayment of
mortgage loans granted for the purposes of this section. Programs must be adaptable to the needs
of persons with developmental disabilities and residential programs must be homelike.
    Subd. 2a. Use of enhanced waivered services funds. The commissioner may, within the
limits of appropriations made available for this purpose, use enhanced waivered services funds
under the home and community-based waiver for persons with developmental disabilities to move
to state-operated community programs and to private facilities.
    Subd. 3. Alternative funding mechanisms. To the extent possible, the commissioner may
amend the medical assistance home and community-based waiver and, as appropriate, develop
special waiver procedures for targeting services to persons currently in state regional treatment
centers.
    Subd. 4. Counties. State-operated, community-based programs may be developed in
conjunction with existing county responsibilities and authorities for persons with developmental
disabilities. Assessment, placement, screening, case management responsibilities, and
determination of need procedures must be consistent with county responsibilities established under
law and rule. Counties may enter into shared service agreements with state-operated programs.
    Subd. 5. Location of programs. (a) In determining the location of state-operated,
community-based programs, the needs of the individual client shall be paramount. The
commissioner shall also take into account:
(1) the personal preferences of the persons being served and their families as determined by
Minnesota Rules, parts 9525.0015 to 9525.0165;
(2) location of the support services established by the individual service plans of the persons
being served;
(3) the appropriate grouping of the persons served;
(4) the availability of qualified staff;
(5) the need for state-operated, community-based programs in the geographical region
of the state; and
(6) a reasonable commuting distance from a regional treatment center or the residences
of the program staff.
(b) State-operated, community-based programs must be located according to section 252.28.
    Subd. 6. Rates for state-operated, community-based programs. State-operated,
community-based programs that meet the definition of a facility in Minnesota Rules, part
9553.0020, subpart 19, must be reimbursed consistent with Minnesota Rules, parts 9553.0010
to 9553.0080. State-operated, community-based programs that meet the definition of vendor in
section 252.41, subdivision 9, must be reimbursed consistent with the rate setting procedures in
sections 252.41 to 252.46 and Minnesota Rules, parts 9525.1200 to 9525.1330. This subdivision
does not operate to abridge the statutorily created pension rights of state employees or collective
bargaining agreements reached pursuant to chapter 179A.
    Subd. 7. Crisis services. Within the limits of appropriations, state-operated regional
technical assistance must be available in each region to assist counties, residential and day
programming staff, and families to prevent or resolve crises that could lead to a change in
placement. Crisis capacity must be provided on all regional treatment center campuses serving
persons with developmental disabilities. In addition, crisis capacity may be developed to serve 16
persons in the Twin Cities metropolitan area. Technical assistance and consultation must also be
available in each region to providers and counties. Staff must be available to provide:
(1) individual assessments;
(2) program plan development and implementation assistance;
(3) analysis of service delivery problems; and
(4) assistance with transition planning, including technical assistance to counties and
providers to develop new services, site the new services, and assist with community acceptance.
    Subd. 8. Spiritual care services. An organized means for providing spiritual care services
and follow-up may be established as part of the comprehensive health care, congruent with the
operational philosophy of the Department of Human Services, to residents of state-operated
residential facilities and former residents discharged to private facilities, by persons certified
for ministry in specialized settings.
    Subd. 9. Evaluation of community-based services development. The commissioner shall
develop an integrated approach to assessing and improving the quality of community-based
services, including state-operated programs for persons with developmental disabilities.
The commissioner shall evaluate the progress of the development and quality of
community-based services to determine if further development can proceed. The commissioner
shall report results of the evaluation to the legislature by January 31, 1991, and January 31, 1993.
    Subd. 10. Rules and licensure. Each state-operated residential and day habilitation service
site shall be separately licensed and movement of residents between them shall be governed by
applicable rules adopted by the commissioner.
    Subd. 11. Agreement authorized. The agreement between the commissioner of human
services, the state negotiator, and the bargaining representatives of state employees, dated March
10, 1989, concerning the Department of Human Services plan to restructure the regional treatment
centers, is ratified, subject to approval by the Legislative Commission on Employee Relations.
History: 1988 c 689 art 2 s 109; 1989 c 282 art 6 s 21; 1991 c 292 art 6 s 41; 1992 c 513 art
9 s 22; 1Sp1993 c 1 art 7 s 34; 1997 c 7 art 1 s 100; 2005 c 56 s 1
252.51 COMMUNITY PLANNING.
Each community where there is a regional treatment center shall establish a group to work
with and advise the commissioner and the counties to:
(1) ensure community input in the development of community services for persons with
developmental disabilities;
(2) assure consideration of family concern about choice of service settings;
(3) assist counties in recruiting new providers, capitalizing, and siting new day services
and residential programs;
(4) work with the surrounding counties to coordinate development of services for persons
with developmental disabilities;
(5) facilitate community education concerning services to persons with developmental
disabilities;
(6) assist in recruiting potential supported employment opportunities;
(7) assist in developing shared services agreements among providers of service;
(8) coordinate with the development of state-operated services; and
(9) seek to resolve local transportation issues for people with developmental disabilities.
Funds appropriated to the Department of Human Services for this purpose shall be
transferred to the city in which the regional treatment center is located upon receipt of evidence
from the city that such a group has been constituted and designated. The funds shall be used to
defray the expenses of the group.
The membership of each community group must reflect a broad range of community
interests, including, at a minimum, families of persons with developmental disabilities, state
employee unions, providers, advocates, and counties.
History: 1989 c 282 art 6 s 22
252.52 REGIONAL CENTER AND COMMUNITY-BASED FACILITY EMPLOYEES.
In accordance with section 43A.21, the commissioner shall develop procedures to assure that:
(1) there are workers employed at state regional centers and nursing homes who are skilled
in the treatment of persons with severe and profound developmental disabilities, behavioral
problems, and medical needs to facilitate adjustment to community living;
(2) suitable training programs exist for regional treatment center and state-operated,
community-based residential facility staff; and
(3) state employees under the jurisdiction of the commissioner who are included in a position
reduction plan have the option of transferring to a community-based program; to a similar,
comparable classification in another regional center setting; or to a position in another state agency.
History: 1988 c 689 art 2 s 110; 2005 c 56 s 1
252.53 [Repealed, 1997 c 248 s 51]

Official Publication of the State of Minnesota
Revisor of Statutes