2006 Minnesota Statutes

245B.055 STAFFING FOR DAY TRAINING AND HABILITATION SERVICES.
    Subdivision 1. Scope. This section applies only to license holders that provide day training
and habilitation services.
    Subd. 2. Factors. (a) The number of direct service staff members that a license holder must
have on duty at a given time to meet the minimum staffing requirements established in this
section varies according to:
(1) the number of persons who are enrolled and receiving direct services at that given time;
(2) the staff ratio requirement established under subdivision 3 for each of the persons who
is present; and
(3) whether the conditions described in subdivision 8 exist and warrant additional staffing
beyond the number determined to be needed under subdivision 7.
(b) The commissioner shall consider the factors in paragraph (a) in determining a license
holder's compliance with the staffing requirements and shall further consider whether the staff
ratio requirement established under subdivision 3 for each person receiving services accurately
reflects the person's need for staff time.
    Subd. 3. Staff ratio requirement for each person receiving services. The case manager, in
consultation with the interdisciplinary team shall determine at least once each year which of the
ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving services on the basis of
the characteristics described in subdivisions 4, 5, and 6. The ratio assigned each person and the
documentation of how the ratio was arrived at must be kept in each person's individual service
plan. Documentation must include an assessment of the person with respect to the characteristics
in subdivisions 4, 5, and 6 recorded on a standard assessment form required by the commissioner.
    Subd. 4. Person requiring staff ratio of one to four. A person who has one or more of the
following characteristics must be assigned a staff ratio requirement of one to four:
(1) on a daily basis the person requires total care and monitoring or constant hand-over-hand
physical guidance to successfully complete at least three of the following activities: toileting,
communicating basic needs, eating, or ambulating; or
(2) the person assaults others, is self-injurious, or manifests severe dysfunctional behaviors
at a documented level of frequency, intensity, or duration requiring frequent daily ongoing
intervention and monitoring as established in an approved behavior management program.
    Subd. 5. Person requiring staff ratio of one to eight. A person who has all of the following
characteristics must be assigned a staff ratio requirement of one to eight:
(1) the person does not meet the requirements in subdivision 4; and
(2) on a daily basis the person requires verbal prompts or spot checks and minimal or no
physical assistance to successfully complete at least three of the following activities: toileting,
communicating basic needs, eating, or ambulating.
    Subd. 6. Person requiring staff ratio of one to six. A person who does not have any of
the characteristics described in subdivision 4 or 5 must be assigned a staff ratio requirement of
one to six.
    Subd. 7. Determining number of direct service staff required. The minimum number
of direct service staff members required at any one time to meet the combined staff ratio
requirements of the persons present at that time can be determined by following the steps in
clauses (1) through (4):
(1) assign each person in attendance the three-digit decimal below that corresponds to the
staff ratio requirement assigned to that person. A staff ratio requirement of one to four equals
0.250. A staff ratio requirement of one to eight equals 0.125. A staff ratio requirement of one to
six equals 0.166. A staff ratio requirement of one to ten equals 0.100;
(2) add all of the three-digit decimals (one three-digit decimal for every person in attendance)
assigned in clause (1);
(3) when the sum in clause (2) falls between two whole numbers, round off the sum to the
larger of the two whole numbers; and
(4) the larger of the two whole numbers in clause (3) equals the number of direct service staff
members needed to meet the staff ratio requirements of the persons in attendance.
    Subd. 8. Conditions requiring additional direct service staff. The license holder shall
increase the number of direct service staff members present at any one time beyond the
number arrived at in subdivision 4 if necessary when any one or combination of the following
circumstances can be documented by the commissioner as existing:
(1) the health and safety needs of the persons receiving services cannot be met by the number
of staff members available under the staffing pattern in effect even though the number has been
accurately calculated under subdivision 7; or
(2) the behavior of a person presents an immediate danger and the person is not eligible for a
special needs rate exception under Minnesota Rules, parts 9510.1020 to 9510.1140.
    Subd. 9. Supervision requirements. At no time shall one direct service staff member be
assigned responsibility for supervision and training of more than ten persons receiving supervision
and training, except as otherwise stated in each person's risk management plan.
History: 2004 c 288 art 1 s 35; 1Sp2005 c 4 art 1 s 24