2007 Minnesota Statutes

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.[Repealed, 2007 c 133 art 2 s 13]
    Subd. 5. Responsibilities of commissioner. (a) In collaboration with counties and providers,
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. Contracts shall be for two-year
periods.
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; 2007 c 133 art 2 s 10