1999 Minnesota Statutes

     256E.081 Fiscal limitations. 

    Subdivision 1.    Service limitation.  If the county has 
 met the requirements in subdivisions 2, 3, and 4, the county 
 shall not be required to provide social services beyond the 
 services required in federal law or state statute or included in 
 the county's amended community social services plan. 

    Subd. 2.    Demonstration of reasonable effort.  The 
 county shall make reasonable efforts to comply with all state 
 social services requirements.  For the purposes of this section, 
 a county is making reasonable efforts if the county meets the 
 following requirements: 

    (1) the total amount of money budgeted by the county for 
 social services is equal to or greater than the total amount 
 spent by the county for social services in the prior year, 
 adjusted by any change in state or federal funding used by the 
 county to fund social services in the prior year.  When 
 calculating the adjustment for changes in state or federal 
 funding, the amount of the change in any funding source which 
 can be used by the county for purposes other than social 
 services shall be limited to an amount which has been adjusted 
 by a formula based upon the proportionate share which social 
 services is of the total county levy certified to the county 
 auditor under section 275.07, subdivision 1, before the 
 application of any aids; 

    (2) the county has spent, obligated, or projects 
 expenditures in excess of the amount budgeted by the county for 
 at least one social service program or service; 

    (3) the total social services expenditures for the county 
 are projected to meet or exceed the total amount of money 
 available for social services from all sources of social 
 services funding; and 

    (4) the county has made efforts to comply with social 
 services requirements within the limits of available funding, 
 including efforts to identify and apply for commonly available 
 state and federal funding for social services programs or 
 services. 

    Subd. 3.    Identification of services to be provided.  
 If a county has made reasonable efforts, as defined in 
 subdivision 2, to comply with all social services administrative 
 rule requirements and is unable to meet all requirements, the 
 county must provide services according to an amended community 
 social services plan developed by the county and approved by the 
 commissioner under section 256E.09, subdivision 6.  The plan 
 must identify for the remainder of the calendar year the social 
 services administrative rule requirements the county shall 
 comply with within its fiscal limitations and identify the 
 social services administrative rule requirements the county will 
 not comply with due to fiscal limitations.  The plan must 
 specify how the county intends to provide services required by 
 federal law or state statute, including but not limited to:  

    (1) providing services needed to protect children and 
 vulnerable adults from maltreatment, abuse, and neglect; 

    (2) providing emergency and crisis services needed to 
 protect clients from physical, emotional, or psychological harm; 

    (3) assessing and documenting the needs of persons applying 
 for services; 

    (4) providing case management services to developmentally 
 disabled clients, adults with serious and persistent mental 
 illness, and children with severe emotional disturbances; 

    (5) providing day training and habilitation services for 
 persons with developmental disabilities and family community 
 support services for children with severe emotional 
 disturbances; 

    (6) providing subacute detoxification services; 

    (7) providing public guardianship services; and 

    (8) fulfilling licensing responsibilities delegated to the 
 county by the commissioner under section 245A.16. 

    Subd. 4.    Denial, reduction, or termination of services. 
  (a) Before a county denies, reduces, or terminates services 
 to an individual due to fiscal limitations, the county must meet 
 the requirements in subdivisions 2 and 3, and document in the 
 person's individual service plan: 

    (1) the person's service needs; 

    (2) the alternatives considered for meeting the person's 
 service needs; and 

    (3) the actions that will be taken to prevent abuse or 
 neglect as defined in sections 626.556, subdivision 2, 
 paragraphs (a), (c), (d), and (k); and maltreatment as defined 
 in section 626.5572, subdivision 15.  

    (b) The county must notify the individual and the 
 individual's guardian in writing of the reason for the denial, 
 reduction, or termination of services and of the individual's 
 right to an appeal under section 256.045. 

    (c) The county must inform the individual and the 
 individual's guardian in writing that the county will, upon 
 request, meet to discuss alternatives and amend the individual 
 service plan before services are terminated or reduced. 

    HIST: 1991 c 94 s 19; 1995 c 229 art 4 s 14