2002 Minnesota 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 sections 256B.0913 and 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. 

    HIST: 1986 c 444; 1991 c 292 art 7 s 18; 1992 c 513 art 7 s 73