1999 Minnesota Statutes

     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 children, families, 
 and learning 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 children, families, and learning in 
 conducting joint agency inspections of programs. 

    (c) The commissioner shall work with the commissioners of 
 health, public safety, administration, and children, families, 
 and learning 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. 

    HIST: 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