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    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
    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

Official Publication of the State of Minnesota
Revisor of Statutes