Minnesota Office of the Revisor of Statutes
[*Add Subtitle/link: Office]

Menu

Revisor of Statutes Menu

2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

Resources

Topics

Recent History

256B.092 SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
    Subdivision 1. County of financial responsibility; duties. Before any services shall be
rendered to persons with developmental disabilities who are in need of social service and medical
assistance, the county of financial responsibility shall conduct or arrange for a diagnostic
evaluation in order to determine whether the person has or may have a developmental disability
or has or may have a related condition. If the county of financial responsibility determines
that the person has a developmental disability, the county shall inform the person of case
management services available under this section. Except as provided in subdivision 1g or 4b, if a
person is diagnosed as having a developmental disability, the county of financial responsibility
shall conduct or arrange for a needs assessment, develop or arrange for an individual service
plan, provide or arrange for ongoing case management services at the level identified in the
individual service plan, provide or arrange for case management administration, and authorize
services identified in the person's individual service plan developed according to subdivision 1b.
Diagnostic information, obtained by other providers or agencies, may be used by the county
agency in determining eligibility for case management. Nothing in this section shall be construed
as requiring: (1) assessment in areas agreed to as unnecessary by the case manager and the
person, or the person's legal guardian or conservator, or the parent if the person is a minor, or
(2) assessments in areas where there has been a functional assessment completed in the previous
12 months for which the case manager and the person or person's guardian or conservator, or
the parent if the person is a minor, agree that further assessment is not necessary. For persons
under state guardianship, the case manager shall seek authorization from the public guardianship
office for waiving any assessment requirements. Assessments related to health, safety, and
protection of the person for the purpose of identifying service type, amount, and frequency or
assessments required to authorize services may not be waived. To the extent possible, for wards
of the commissioner the county shall consider the opinions of the parent of the person with a
developmental disability when developing the person's individual service plan.
    Subd. 1a. Case management administration and services. (a) The administrative functions
of case management provided to or arranged for a person include:
(1) review of eligibility for services;
(2) screening;
(3) intake;
(4) diagnosis;
(5) the review and authorization of services based upon an individualized service plan; and
(6) responding to requests for conciliation conferences and appeals according to section
256.045 made by the person, the person's legal guardian or conservator, or the parent if the
person is a minor.
(b) Case management service activities provided to or arranged for a person include:
(1) development of the individual service plan;
(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options;
(3) consulting with relevant medical experts or service providers;
(4) assisting the person in the identification of potential providers;
(5) assisting the person to access services;
(6) coordination of services, if coordination is not provided by another service provider;
(7) evaluation and monitoring of the services identified in the plan; and
(8) annual reviews of service plans and services provided.
(c) Case management administration and service activities that are provided to the person
with a developmental disability shall be provided directly by county agencies or under contract.
(d) Case managers are responsible for the administrative duties and service provisions
listed in paragraphs (a) and (b). Case managers shall collaborate with consumers, families, legal
representatives, and relevant medical experts and service providers in the development and annual
review of the individualized service and habilitation plans.
(e) The Department of Human Services shall offer ongoing education in case management to
case managers. Case managers shall receive no less than ten hours of case management education
and disability-related training each year.
    Subd. 1b. Individual service plan. The individual service plan must:
(1) include the results of the assessment information on the person's need for service,
including identification of service needs that will be or that are met by the person's relatives,
friends, and others, as well as community services used by the general public;
(2) identify the person's preferences for services as stated by the person, the person's legal
guardian or conservator, or the parent if the person is a minor;
(3) identify long- and short-range goals for the person;
(4) identify specific services and the amount and frequency of the services to be provided to
the person based on assessed needs, preferences, and available resources. The individual service
plan shall also specify other services the person needs that are not available;
(5) identify the need for an individual program plan to be developed by the provider
according to the respective state and federal licensing and certification standards, and additional
assessments to be completed or arranged by the provider after service initiation;
(6) identify provider responsibilities to implement and make recommendations for
modification to the individual service plan;
(7) include notice of the right to request a conciliation conference or a hearing under
section 256.045;
(8) be agreed upon and signed by the person, the person's legal guardian or conservator, or
the parent if the person is a minor, and the authorized county representative; and
(9) be reviewed by a health professional if the person has overriding medical needs that
impact the delivery of services.
Service planning formats developed for interagency planning such as transition, vocational,
and individual family service plans may be substituted for service planning formats developed
by county agencies.
    Subd. 1c.[Repealed, 1991 c 94 s 25; c 292 art 6 s 47]
    Subd. 1d.[Repealed, 1991 c 94 s 25; c 292 art 6 s 47]
    Subd. 1e.[Renumbered subd 1f]
    Subd. 1e. Coordination, evaluation, and monitoring of services. (a) If the individual
service plan identifies the need for individual program plans for authorized services, the case
manager shall assure that individual program plans are developed by the providers according to
clauses (2) to (5). The providers shall assure that the individual program plans:
(1) are developed according to the respective state and federal licensing and certification
requirements;
(2) are designed to achieve the goals of the individual service plan;
(3) are consistent with other aspects of the individual service plan;
(4) assure the health and safety of the person; and
(5) are developed with consistent and coordinated approaches to services among the various
service providers.
(b) The case manager shall monitor the provision of services:
(1) to assure that the individual service plan is being followed according to paragraph (a);
(2) to identify any changes or modifications that might be needed in the individual service
plan, including changes resulting from recommendations of current service providers;
(3) to determine if the person's legal rights are protected, and if not, notify the person's legal
guardian or conservator, or the parent if the person is a minor, protection services, or licensing
agencies as appropriate; and
(4) to determine if the person, the person's legal guardian or conservator, or the parent if
the person is a minor, is satisfied with the services provided.
(c) If the provider fails to develop or carry out the individual program plan according to
paragraph (a), the case manager shall notify the person's legal guardian or conservator, or the
parent if the person is a minor, the provider, the respective licensing and certification agencies,
and the county board where the services are being provided. In addition, the case manager shall
identify other steps needed to assure the person receives the services identified in the individual
service plan.
    Subd. 1f. County waiting list. The county agency shall maintain a waiting list of persons
with developmental disabilities specifying the services needed but not provided. This waiting list
shall be used by county agencies to assist them in developing needed services or amending their
children and community service agreements.
    Subd. 1g. Conditions not requiring development of individual service plan. Unless
otherwise required by federal law, the county agency is not required to complete an individual
service plan as defined in subdivision 1b for:
(1) persons whose families are requesting respite care for their family member who resides
with them, or whose families are requesting a family support grant and are not requesting purchase
or arrangement of habilitative services; and
(2) persons with developmental disabilities, living independently without authorized services
or receiving funding for services at a rehabilitation facility as defined in section 268A.01,
subdivision 6
, and not in need of or requesting additional services.
    Subd. 2. Medical assistance. To assure quality case management to those persons who are
eligible for medical assistance, the commissioner shall, upon request:
(a) provide consultation on the case management process;
(b) assist county agencies in the screening and annual reviews of clients review process to
assure that appropriate levels of service are provided to persons;
(c) provide consultation on service planning and development of services with appropriate
options;
(d) provide training and technical assistance to county case managers; and
(e) authorize payment for medical assistance services according to this chapter and rules
implementing it.
    Subd. 2a. Medical assistance for case management activities under the state plan
Medicaid option. Upon receipt of federal approval, the commissioner shall make payments to
approved vendors of case management services participating in the medical assistance program to
reimburse costs for providing case management service activities to medical assistance eligible
persons with developmental disabilities, in accordance with the state Medicaid plan and federal
requirements and limitations.
    Subd. 3. Authorization and termination of services. County agency case managers,
under rules of the commissioner, shall authorize and terminate services of community and
regional treatment center providers according to individual service plans. Services provided to
persons with developmental disabilities may only be authorized and terminated by case managers
according to (1) rules of the commissioner and (2) the individual service plan as defined in
subdivision 1b. Medical assistance services not needed shall not be authorized by county agencies
or funded by the commissioner. When purchasing or arranging for unlicensed respite care services
for persons with overriding health needs, the county agency shall seek the advice of a health care
professional in assessing provider staff training needs and skills necessary to meet the medical
needs of the person.
    Subd. 4. Home and community-based services for developmental disabilities. (a)
The commissioner shall make payments to approved vendors participating in the medical
assistance program to pay costs of providing home and community-based services, including case
management service activities provided as an approved home and community-based service, to
medical assistance eligible persons with developmental disabilities who have been screened under
subdivision 7 and according to federal requirements. Federal requirements include those services
and limitations included in the federally approved application for home and community-based
services for persons with developmental disabilities and subsequent amendments.
(b) Effective July 1, 1995, contingent upon federal approval and state appropriations made
available for this purpose, and in conjunction with Laws 1995, chapter 207, article 8, section 40,
the commissioner of human services shall allocate resources to county agencies for home and
community-based waivered services for persons with developmental disabilities authorized but
not receiving those services as of June 30, 1995, based upon the average resource need of persons
with similar functional characteristics. To ensure service continuity for service recipients receiving
home and community-based waivered services for persons with developmental disabilities prior to
July 1, 1995, the commissioner shall make available to the county of financial responsibility home
and community-based waivered services resources based upon fiscal year 1995 authorized levels.
(c) Home and community-based resources for all recipients shall be managed by the county
of financial responsibility within an allowable reimbursement average established for each county.
Payments for home and community-based services provided to individual recipients shall not
exceed amounts authorized by the county of financial responsibility. For specifically identified
former residents of nursing facilities, the commissioner shall be responsible for authorizing
payments and payment limits under the appropriate home and community-based service program.
Payment is available under this subdivision only for persons who, if not provided these services,
would require the level of care provided in an intermediate care facility for persons with
developmental disabilities.
    Subd. 4a. Demonstration projects. The commissioner may waive state rules governing
home and community-based services in order to demonstrate other methods of administering
these services and to improve efficiency and responsiveness to individual needs of persons with
developmental disabilities, notwithstanding section 14.05, subdivision 4. All demonstration
projects approved by the commissioner must comply with state laws and federal regulations,
must remain within the fiscal limitations of the home and community-based services program
for persons with developmental disabilities, and must assure the health and safety of the persons
receiving services.
    Subd. 4b. Case management for persons receiving home and community-based services.
Persons authorized for and receiving home and community-based services may select from
vendors of case management which have provider agreements with the state to provide home and
community-based case management service activities. This subdivision becomes effective July
1, 1992, only if the state agency is unable to secure federal approval for limiting choice of case
management vendors to the county of financial responsibility.
    Subd. 4c. Living arrangements based on a 24-hour plan of care. (a) Notwithstanding the
requirements for licensure under Minnesota Rules, part 9525.1860, subpart 6, item D, and upon
federal approval of an amendment to the home and community-based services waiver for persons
with developmental disabilities, a person receiving home and community-based services may
choose to live in their own home without requiring that the living arrangement be licensed under
Minnesota Rules, parts 9555.5050 to 9555.6265, provided the following conditions are met:
(1) the person receiving home and community-based services has chosen to live in their
own home;
(2) home and community-based services are provided by a qualified vendor who meets the
provider standards as approved in the Minnesota home and community-based services waiver
plan for persons with developmental disabilities;
(3) the person, or their legal representative, individually or with others has purchased or rents
the home and the person's service provider has no financial interest in the home; and
(4) the service planning team, as defined in Minnesota Rules, part 9525.0004, subpart 24, has
determined that the planned services, the 24-hour plan of care, and the housing arrangement are
appropriate to address the health, safety, and welfare of the person.
(b) The county agency may require safety inspections of the selected housing as part of their
determination of the adequacy of the living arrangement.
    Subd. 4d. Medicaid reimbursement; licensed provider; related individuals. The
commissioner shall seek a federal amendment to the home and community-based services waiver
for individuals with developmental disabilities, to allow Medicaid reimbursement for the provision
of supported living services to a related individual when the following conditions have been met:
    (1) the individual is 18 years of age or older;
    (2) the provider is certified initially and annually thereafter, by the county, as meeting the
provider standards established in chapter 245B and the federal waiver plan;
    (3) the provider has been certified by the county as meeting the adult foster care provider
standards established in Minnesota Rules, parts 9555.5105 to 9555.6265;
    (4) the provider is not the legal guardian or conservator of the related individual; and
    (5) 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.
    Subd. 5. Federal waivers. (a) The commissioner shall apply for any federal waivers
necessary to secure, to the extent allowed by law, federal financial participation under United
States Code, title 42, sections 1396 et seq., as amended, for the provision of services to persons
who, in the absence of the services, would need the level of care provided in a regional treatment
center or a community intermediate care facility for persons with developmental disabilities. The
commissioner may seek amendments to the waivers or apply for additional waivers under United
States Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall
ensure that payment for the cost of providing home and community-based alternative services
under the federal waiver plan shall not exceed the cost of intermediate care services including day
training and habilitation services that would have been provided without the waivered services.
The commissioner shall seek an amendment to the 1915c home and community-based
waiver to allow properly licensed adult foster care homes to provide residential services to up
to five individuals with developmental disabilities. If the amendment to the waiver is approved,
adult foster care providers that can accommodate five individuals shall increase their capacity to
five beds, provided the providers continue to meet all applicable licensing requirements.
(b) The commissioner, in administering home and community-based waivers for persons
with developmental disabilities, shall ensure that day services for eligible persons are not provided
by the person's residential service provider, unless the person or the person's legal representative is
offered a choice of providers and agrees in writing to provision of day services by the residential
service provider. The individual service plan for individuals who choose to have their residential
service provider provide their day services must describe how health, safety, protection, and
habilitation needs will be met, including how frequent and regular contact with persons other
than the residential service provider will occur. The individualized service plan must address the
provision of services during the day outside the residence on weekdays.
(c) When a county is evaluating denials, reductions, or terminations of home and
community-based services under section 256B.0916 for an individual, the case manager shall
offer to meet with the individual or the individual's guardian in order to discuss the prioritization
of service needs within the individualized service plan. The reduction in the authorized services
for an individual due to changes in funding for waivered services may not exceed the amount
needed to ensure medically necessary services to meet the individual's health, safety, and welfare.
    Subd. 5a. Increasing adult foster care capacity to serve five persons. (a) When an adult
foster care provider increases the capacity of an existing home licensed to serve four persons to
serve a fifth person under this section, the county agency shall reduce the contracted per diem cost
for room and board and the developmental disability waiver services of the existing foster care
home by an average of 14 percent for all individuals living in that home. A county agency may
average the required per diem rate reductions across several adult foster care homes that expand
capacity under this section to achieve the necessary overall per diem reduction.
(b) Following the contract changes in paragraph (a), the commissioner shall adjust:
(1) individual county allocations for developmental disability waivered services by the
amount of savings that results from the changes made for developmental disability waiver
recipients for whom the county is financially responsible; and
(2) group residential housing rate payments to the adult foster care home by the amount of
savings that results from the changes made.
(c) Effective July 1, 2003, when a new five-person adult foster care home is licensed under
this section, county agencies shall not establish group residential housing room and board rates
and developmental disability waiver service rates for the new home that exceed 86 percent of
the average per diem room and board and developmental disability waiver services costs of
four-person homes serving persons with comparable needs and in the same geographic area. A
county agency developing more than one new five-person adult foster care home may average the
required per diem rates across the homes to achieve the necessary overall per diem reductions.
(d) The commissioner shall reduce the individual county allocations for developmental
disability waivered services by the savings resulting from the per diem limits on adult foster care
recipients for whom the county is financially responsible, and shall limit the group residential
housing rate for a new five-person adult foster care home.
    Subd. 6. Rules. The commissioner shall adopt rules to establish required controls,
documentation, and reporting of services provided in order to assure proper administration of the
approved waiver plan, and to establish policy and procedures to reduce duplicative efforts and
unnecessary paperwork on the part of case managers.
    Subd. 7. Screening teams. For persons with developmental disabilities, screening
teams shall be established which shall evaluate the need for the level of care provided by
residential-based habilitation services, residential services, training and habilitation services, and
nursing facility services. The evaluation shall address whether home and community-based
services are appropriate for persons who are at risk of placement in an intermediate care facility
for persons with developmental disabilities, or for whom there is reasonable indication that they
might require this level of care. The screening team shall make an evaluation of need within 60
working days of a request for service by a person with a developmental disability, and within
five working days of an emergency admission of a person to an intermediate care facility for
persons with developmental disabilities. The screening team shall consist of the case manager for
persons with developmental disabilities, the person, the person's legal guardian or conservator,
or the parent if the person is a minor, and a qualified developmental disability professional, as
defined in the Code of Federal Regulations, title 42, section 483.430, as amended through June 3,
1988. The case manager may also act as the qualified developmental disability professional if the
case manager meets the federal definition. County social service agencies may contract with a
public or private agency or individual who is not a service provider for the person for the public
guardianship representation required by the screening or individual service planning process. The
contract shall be limited to public guardianship representation for the screening and individual
service planning activities. The contract shall require compliance with the commissioner's
instructions and may be for paid or voluntary services. For persons determined to have overriding
health care needs and are seeking admission to a nursing facility or an ICF/MR, or seeking
access to home and community-based waivered services, a registered nurse must be designated
as either the case manager or the qualified developmental disability professional. For persons
under the jurisdiction of a correctional agency, the case manager must consult with the corrections
administrator regarding additional health, safety, and supervision needs. The case manager,
with the concurrence of the person, the person's legal guardian or conservator, or the parent if
the person is a minor, may invite other individuals to attend meetings of the screening team. No
member of the screening team shall have any direct or indirect service provider interest in the
case. Nothing in this section shall be construed as requiring the screening team meeting to be
separate from the service planning meeting.
    Subd. 8. Screening team duties. The screening team shall:
(a) review diagnostic data;
(b) review health, social, and developmental assessment data using a uniform screening
tool specified by the commissioner;
(c) identify the level of services appropriate to maintain the person in the most normal and
least restrictive setting that is consistent with the person's treatment needs;
(d) identify other noninstitutional public assistance or social service that may prevent or
delay long-term residential placement;
(e) assess whether a person is in need of long-term residential care;
(f) make recommendations regarding placement and payment for: (1) social service or
public assistance support, or both, to maintain a person in the person's own home or other place
of residence; (2) training and habilitation service, vocational rehabilitation, and employment
training activities; (3) community residential placement; (4) regional treatment center placement;
or (5) a home and community-based service alternative to community residential placement or
regional treatment center placement;
(g) evaluate the availability, location, and quality of the services listed in paragraph (f),
including the impact of placement alternatives on the person's ability to maintain or improve
existing patterns of contact and involvement with parents and other family members;
(h) identify the cost implications of recommendations in paragraph (f);
(i) make recommendations to a court as may be needed to assist the court in making decisions
regarding commitment of persons with developmental disabilities; and
(j) inform the person and the person's legal guardian or conservator, or the parent if the
person is a minor, that appeal may be made to the commissioner pursuant to section 256.045.
    Subd. 8a. County concurrence. (a) If the county of financial responsibility wishes to
place a person in another county for services, the county of financial responsibility shall seek
concurrence from the proposed county of service and the placement shall be made cooperatively
between the two counties. Arrangements shall be made between the two counties for ongoing
social service, including annual reviews of the person's individual service plan. The county where
services are provided may not make changes in the person's service plan without approval by the
county of financial responsibility.
(b) When a person has been screened and authorized for services in an intermediate care
facility for persons with developmental disabilities or for home and community-based services for
persons with developmental disabilities, the case manager shall assist that person in identifying a
service provider who is able to meet the needs of the person according to the person's individual
service plan. If the identified service is to be provided in a county other than the county of
financial responsibility, the county of financial responsibility shall request concurrence of the
county where the person is requesting to receive the identified services. The county of service
may refuse to concur if:
(1) it can demonstrate that the provider is unable to provide the services identified in the
person's individual service plan as services that are needed and are to be provided;
(2) in the case of an intermediate care facility for persons with developmental disabilities,
there has been no authorization for admission by the admission review team as required in section
256B.0926; or
(3) in the case of home and community-based services for persons with developmental
disabilities, the county of service can demonstrate that the prospective provider has failed to
substantially comply with the terms of a past contract or has had a prior contract terminated
within the last 12 months for failure to provide adequate services, or has received a notice
of intent to terminate the contract.
(c) The county of service shall notify the county of financial responsibility of concurrence or
refusal to concur no later than 20 working days following receipt of the written request. Unless
other mutually acceptable arrangements are made by the involved county agencies, the county of
financial responsibility is responsible for costs of social services and the costs associated with
the development and maintenance of the placement. The county of service may request that the
county of financial responsibility purchase case management services from the county of service
or from a contracted provider of case management when the county of financial responsibility is
not providing case management as defined in this section and rules adopted under this section,
unless other mutually acceptable arrangements are made by the involved county agencies.
Standards for payment limits under this section may be established by the commissioner. Financial
disputes between counties shall be resolved as provided in section 256G.09.
    Subd. 9. Reimbursement. Payment for services shall not be provided to a service provider
for any person placed in an intermediate care facility for persons with developmental disabilities
prior to the person being screened by the screening team. The commissioner shall not deny
reimbursement for: (a) a person admitted to an intermediate care facility for persons with
developmental disabilities who is assessed to need long-term supportive services, if long-term
supportive services other than intermediate care are not available in that community; (b) any
person admitted to an intermediate care facility for persons with developmental disabilities under
emergency circumstances; (c) any eligible person placed in the intermediate care facility for
persons with developmental disabilities pending an appeal of the screening team's decision; or
(d) any medical assistance recipient when, after full discussion of all appropriate alternatives
including those that are expected to be less costly than intermediate care for persons with
developmental disabilities, the person or the person's legal guardian or conservator, or the parent
if the person is a minor, insists on intermediate care placement. The screening team shall provide
documentation that the most cost-effective alternatives available were offered to this individual or
the individual's legal guardian or conservator.
    Subd. 10. Admission of persons to and discharge of persons from regional treatment
centers. (a) Prior to the admission of a person to a regional treatment center program for persons
with developmental disabilities, the case manager shall make efforts to secure community-based
alternatives. If these alternatives are rejected by the person, the person's legal guardian or
conservator, or the county agency in favor of a regional treatment center placement, the case
manager shall document the reasons why the alternatives were rejected.
(b) When discharge of a person from a regional treatment center to a community-based
service is proposed, the case manager shall convene the screening team and in addition to
members of the team identified in subdivision 7, the case manager shall invite to the meeting the
person's parents and near relatives, and the ombudsman established under section 245.92 if the
person is under public guardianship. The meeting shall be convened at a time and place that
allows for participation of all team members and invited individuals who choose to attend. The
notice of the meeting shall inform the person's parents and near relatives about the screening team
process, and their right to request a review if they object to the discharge, and shall provide the
names and functions of advocacy organizations, and information relating to assistance available
to individuals interested in establishing private guardianships under the provisions of section
252A.03. The screening team meeting shall be conducted according to subdivisions 7 and 8.
Discharge of the person shall not go forward without consensus of the screening team.
(c) The results of the screening team meeting and individual service plan developed
according to subdivision 1b shall be used by the interdisciplinary team assembled in accordance
with Code of Federal Regulations, title 42, section 483.440, to evaluate and make recommended
modifications to the individual service plan as proposed. The individual service plan shall
specify postplacement monitoring to be done by the case manager according to section 253B.15,
subdivision 1a
.
(d) Notice of the meeting of the interdisciplinary team assembled in accordance with Code of
Federal Regulations, title 42, section 483.440, shall be sent to all team members 15 days prior to
the meeting, along with a copy of the proposed individual service plan. The case manager shall
request that proposed providers visit the person and observe the person's program at the regional
treatment center prior to the discharge. Whenever possible, preplacement visits by the person
to proposed service sites should also be scheduled in advance of the meeting. Members of the
interdisciplinary team assembled for the purpose of discharge planning shall include but not be
limited to the case manager, the person, the person's legal guardian or conservator, parents and
near relatives, the person's advocate, representatives of proposed community service providers,
representatives of the regional treatment center residential and training and habilitation services, a
registered nurse if the person has overriding medical needs that impact the delivery of services,
and a qualified developmental disability professional specializing in behavior management if the
person to be discharged has behaviors that may result in injury to self or others. The case manager
may also invite other service providers who have expertise in an area related to specific service
needs of the person to be discharged.
(e) The interdisciplinary team shall review the proposed plan to assure that it identifies
service needs, availability of services, including support services, and the proposed providers'
abilities to meet the service needs identified in the person's individual service plan. The
interdisciplinary team shall review the most recent licensing reports of the proposed providers and
corrective action taken by the proposed provider, if required. The interdisciplinary team shall
review the current individual program plans for the person and agree to an interim individual
program plan to be followed for the first 30 days in the person's new living arrangement. The
interdisciplinary team may suggest revisions to the service plan, and all team suggestions shall
be documented. If the person is to be discharged to a community intermediate care facility for
persons with developmental disabilities, the team shall give preference to facilities with a licensed
capacity of 15 or fewer beds. Thirty days prior to the date of discharge, the case manager shall
send a final copy of the service plan to all invited members of the team, the ombudsman, if the
person is under public guardianship, and the advocacy system established under United States
Code, title 42, section 6042.
(f) No discharge shall take place until disputes are resolved under section 256.045,
subdivision 4a
, or until a review by the commissioner is completed upon request of the chief
executive officer or program director of the regional treatment center, or the county agency. For
persons under public guardianship, the ombudsman may request a review or hearing under section
256.045. Notification schedules required under this subdivision may be waived by members of
the team when judged urgent and with agreement of the parents or near relatives participating as
members of the interdisciplinary team.
History: 1983 c 312 art 9 s 5; 1984 c 640 s 32; 1985 c 21 s 55; 1Sp1985 c 9 art 2 s 40-45;
1987 c 305 s 2; 1988 c 689 art 2 s 148,149; 1989 c 282 art 3 s 61; art 6 s 29,30; 1990 c 568 art 3
s 57-61; 1990 c 599 s 1; 1991 c 292 art 6 s 47; 1992 c 513 art 7 s 74; art 9 s 26,27; 1993 c 339
s 15-19; 1995 c 207 art 3 s 19; art 8 s 34; 1997 c 7 art 5 s 30; 1Sp2001 c 9 art 3 s 46; 2002 c
379 art 1 s 113; 1Sp2003 c 14 art 3 s 31,32; art 6 s 50,51; art 11 s 11; 2005 c 56 s 1; 2005 c 98
art 2 s 7; 2007 c 112 s 50

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569