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Chapter 254B

Section 254B.05

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254B.05 VENDOR ELIGIBILITY.
    Subdivision 1. Licensure required. Programs licensed by the commissioner are eligible
vendors. Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the
provisions of section 245A.03. American Indian programs located on federally recognized tribal
lands that provide chemical dependency primary treatment, extended care, transitional residence,
or outpatient treatment services, and are licensed by tribal government are eligible vendors.
Detoxification programs are not eligible vendors. Programs that are not licensed as a chemical
dependency residential or nonresidential treatment program by the commissioner or by tribal
government are not eligible vendors. To be eligible for payment under the Consolidated Chemical
Dependency Treatment Fund, a vendor of a chemical dependency service must participate in the
Drug and Alcohol Abuse Normative Evaluation System and the treatment accountability plan.
Effective January 1, 2000, vendors of room and board are eligible for chemical dependency
fund payment if the vendor:
(1) is certified by the county or tribal governing body as having rules prohibiting residents
bringing chemicals into the facility or using chemicals while residing in the facility and provide
consequences for infractions of those rules;
(2) has a current contract with a county or tribal governing body;
(3) is determined to meet applicable health and safety requirements;
(4) is not a jail or prison; and
(5) is not concurrently receiving funds under chapter 256I for the recipient.
    Subd. 2. Regulatory methods. (a) Where appropriate and feasible, the commissioner shall
identify and implement alternative methods of regulation and enforcement to the extent authorized
in this subdivision. These methods shall include:
(1) expansion of the types and categories of licenses that may be granted;
(2) when the standards of an independent accreditation body have been shown to predict
compliance with the rules, the commissioner shall consider compliance with the accreditation
standards to be equivalent to partial compliance with the rules; and
(3) use of an abbreviated inspection that employs key standards that have been shown to
predict full compliance with the rules.
If the commissioner determines that the methods in clause (2) or (3) can be used in licensing
a program, the commissioner may reduce any fee set under section 254B.03, subdivision 3,
by up to 50 percent.
(b) The commissioner shall work with the commissioners of health, public safety,
administration, and education in consolidating duplicative licensing and certification rules and
standards if the commissioner determines that consolidation is administratively feasible, would
significantly reduce the cost of licensing, and would not reduce the protection given to persons
receiving services in licensed programs. Where administratively feasible and appropriate, the
commissioner shall work with the commissioners of health, public safety, administration, and
education in conducting joint agency inspections of programs.
(c) The commissioner shall work with the commissioners of health, public safety,
administration, and education in establishing a single point of application for applicants who
are required to obtain concurrent licensure from more than one of the commissioners listed in
this clause.
    Subd. 3. Fee reductions. If the commissioner determines that the methods in subdivision 2,
clause (2) or (3), can be used in licensing a program, the commissioner shall reduce licensure fees
by up to 50 percent. The commissioner may adopt rules to provide for the reduction of fees when
a license holder substantially exceeds the basic standards for licensure.
    Subd. 4. Regional treatment centers. Regional treatment center chemical dependency
treatment units are eligible vendors. The commissioner may expand the capacity of chemical
dependency treatment units beyond the capacity funded by direct legislative appropriation to
serve individuals who are referred for treatment by counties and whose treatment will be paid
for with a county's allocation under section 254B.02 or other funding sources. Notwithstanding
the provisions of sections 254B.03 to 254B.041, payment for any person committed at county
request to a regional treatment center under chapter 253B for chemical dependency treatment
and determined to be ineligible under the chemical dependency consolidated treatment fund,
shall become the responsibility of the county.
History: 1986 c 394 s 12; 1987 c 299 s 14; 1987 c 333 s 22; 1988 c 532 s 11; 1991 c 292
art 4 s 15; 1994 c 529 s 6; 1995 c 207 art 3 s 14; art 8 s 32; 1Sp1995 c 3 art 16 s 13; 1999
c 245 art 5 s 18; 2003 c 130 s 12