1998 Minnesota Statutes

     252.291 Limitation on determination of need. 

    Subdivision 1.    Moratorium.  Notwithstanding section 
 252.28, subdivision 1, or any other law or rule to the contrary, 
 the commissioner of human services shall deny any request for a 
 determination of need and refuse to grant a license pursuant to 
 section 245A.02 for any new intermediate care facility for 
 persons with mental retardation or related conditions or for an 
 increase in the licensed capacity of an existing facility except 
 as provided in this subdivision and subdivision 2.  The total 
 number of certified intermediate care beds for persons with 
 mental retardation or related conditions in community facilities 
 and state hospitals shall not exceed 7,000 beds except that, to 
 the extent that federal authorities disapprove any applications 
 of the commissioner for home and community-based waivers under 
 United States Code, title 42, section 1396n, as amended through 
 December 31, 1987, the commissioner may authorize new 
 intermediate care beds, as necessary, to serve persons with 
 mental retardation or related conditions who would otherwise 
 have been served under a proposed waiver.  "Certified bed" means 
 an intermediate care bed for persons with mental retardation or 
 related conditions certified by the commissioner of health for 
 the purposes of the medical assistance program under United 
 States Code, title 42, sections 1396 to 1396p, as amended 
 through December 31, 1987.  

    Subd. 2.    Exceptions.  (a) The commissioner of human 
 services in coordination with the commissioner of health may 
 approve a newly constructed or newly established publicly or 
 privately operated community intermediate care facility for six 
 or fewer persons with mental retardation or related conditions 
 only when:  

    (1) the facility is developed in accordance with a request 
 for proposal approved by the commissioner of human services; 

    (2) the facility is necessary to serve the needs of 
 identified persons with mental retardation or related conditions 
 who are seriously behaviorally disordered or who are seriously 
 physically or sensorily impaired.  No more than 40 percent of 
 the capacity specified in the proposal submitted to the 
 commissioner must be used for persons being discharged from 
 regional treatment centers; and 

    (3) the commissioner determines that the need for increased 
 service capacity cannot be met by the use of alternative 
 resources or the modification of existing facilities. 

    (b) The percentage limitation in paragraph (a), clause (2), 
 does not apply to state-operated, community-based facilities. 

    Subd. 3.    Duties of commissioner of human services.  
 The commissioner shall:  

    (a) establish standard admission criteria for state 
 hospitals and county utilization targets to limit and reduce the 
 number of intermediate care beds in state hospitals and 
 community facilities in accordance with approved waivers under 
 United States Code, title 42, sections 1396 to 1396p, as amended 
 through December 31, 1987, to assure that appropriate services 
 are provided in the least restrictive setting; 

    (b) define services, including respite care, that may be 
 needed in meeting individual service plan objectives; 

    (c) provide technical assistance so that county boards may 
 establish a request for proposal system for meeting individual 
 service plan objectives through home and community-based 
 services; alternative community services; or, if no other 
 alternative will meet the needs of identifiable individuals for 
 whom the county is financially responsible, a new intermediate 
 care facility for persons with mental retardation or related 
 conditions; 

    (d) establish a client tracking and evaluation system as 
 required under applicable federal waiver regulations, Code of 
 Federal Regulations, title 42, sections 431, 435, 440, and 441, 
 as amended through December 31, 1987; and 

    (e) develop a state plan for the delivery and funding of 
 residential day and support services to persons with mental 
 retardation or related conditions in Minnesota.  The biennial 
 mental retardation plan shall include but not be limited to: 

    (1) county by county maximum intermediate care bed 
 utilization quotas; 

    (2) plans for the development of the number and types of 
 services alternative to intermediate care beds; 

    (3) procedures for the administration and management of the 
 plan; 

    (4) procedures for the evaluation of the implementation of 
 the plan; and 

    (5) the number, type, and location of intermediate care 
 beds targeted for decertification. 

    The commissioner shall modify the plan to ensure 
 conformance with the medical assistance home and community-based 
 services waiver. 

    Subd. 4.    Monitoring.  The commissioner of human 
 services, in coordination with the commissioner of health, shall 
 implement mechanisms to monitor and analyze the effect of the 
 bed moratorium in the different geographic areas of the state.  
 The commissioner of human services shall submit to the 
 legislature annually beginning January 15, 1984, an assessment 
 of the impact of the moratorium by geographic areas.  

    Subd. 5.    Rulemaking.  The commissioner of human 
 services shall promulgate rules pursuant to chapter 14, the 
 Administrative Procedure Act, to implement this section.  

    HIST: 1983 c 312 art 9 s 3; 1984 c 640 s 32; 1984 c 654 art 5 
 s 58; 1985 c 21 s 37; 1987 c 185 art 2 s 1; 1987 c 333 s 22; 
 1988 c 689 art 2 s 111-113; 1989 c 282 art 6 s 18; 1997 c 7 art 
 2 s 38; art 5 s 27