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Office of the Revisor of Statutes

256B.0919 ADULT FOSTER CARE AND FAMILY ADULT DAY CARE.
    Subdivision 1. Adult foster care licensure capacity. Notwithstanding contrary provisions
of the Human Services Licensing Act and rules adopted under it, an adult foster care license
holder may care for five adults age 60 years or older who do not have serious and persistent
mental illness or a developmental disability.
    Subd. 2. Adult foster care; family adult day care. An adult foster care license holder who
is not providing care to persons with serious and persistent mental illness or developmental
disabilities may also provide family adult day care for adults age 60 years or older who do not
have serious and persistent mental illness or a developmental disability. The maximum combined
license capacity for adult foster care and family adult day care is five adults. A separate license is
not required to provide family adult day care under this subdivision. Foster care homes providing
services to five adults shall not be subject to licensure by the commissioner of health under
the provisions of chapter 144, 144A, 157, or any other law requiring facility licensure by the
commissioner of health.
    Subd. 3. County certification of persons providing adult foster care to related persons.
    A person exempt from licensure under section 245A.03, subdivision 2, who provides adult foster
care to a related individual age 65 and older, and who meets the requirements in Minnesota
Rules, parts 9555.5105 to 9555.6265, may be certified by the county to provide adult foster care.
A person certified by the county to provide adult foster care may be reimbursed for services
provided and eligible for funding under section 256B.0915, if the relative would suffer a financial
hardship as a result of providing care. For purposes of this subdivision, financial hardship refers to
a situation in which a relative incurs a substantial reduction in income as a result of resigning from
a full-time job or taking a leave of absence without pay from a full-time job to care for the client.
    Subd. 4. County certification; licensed providers; related individual; developmentally
disabled. (a) Notwithstanding any provision to the contrary, a county may certify an adult foster
care license holder to provide foster care services to an individual with a developmental disability,
who is related to the provider, if the following conditions are met:
    (1) the individual is 18 years of age or older;
    (2) the individual's service plan meets the standards of section 256B.092 and specifies any
special conditions necessary to prevent a conflict of interest for the provider;
    (3) the provider is not the legal guardian or conservator of the related individual;
    (4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to 9555.6265,
to serve unrelated foster care recipients;
    (5) the provider maintains a license under chapter 245B; and
    (6) the county certifies the provider meets the adult foster care provider standards established
in Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided to the related individual.
    (b) The county shall complete an annual certification review to ensure compliance with
paragraph (a), clauses (1) to (6).
    (c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care provider
certified by the county under this subdivision may be reimbursed for room and board costs
through the group residential housing program.
History: 1986 c 444; 1991 c 292 art 7 s 18; 1992 c 513 art 7 s 73; 2007 c 112 s 49; 2007 c
147 art 6 s 39