Section 1 (245A.03) adds a new subdivision instructing the Department of Human Services (DHS) to develop an optional certification process for adult foster care homes that serve people with mental illness. The proposed certification is for licensed adult foster care homes where the license holder does not primarily reside at the licensed home.
The new subdivision requires DHS to receive input from advocates, mental health professionals, and foster care providers, and outlines training and oversight requirements for the certification process.
Section 2 (245A.11, subdivision 2a) exempts adult foster care homes from the four-bed license maximum, allowing a fifth bed for respite services, with certain staffing, time-restriction, and notification requirements.
The expiration date for the exemption for a licensed, five-bed adult foster care home is extended from June 30, 2011, to June 30, 2016.
Section 3 (245A.11, subdivision 7) clarifies that to receive a variance for alternate oversight supervision, the adult foster care license holder must not have had a conditional license issued or other licensing sanctions.
Section 4 (245A.11, subdivision 7a) clarifies certain requirements in order to receive an adult foster care home license where a caregiver is not present during normal sleeping hours. It outlines license application review timelines and processes, and approval or denial timelines and processes.
Section 5 (245B.06, subdivision 2) adds and specifies various areas needed to be identified in a person’s risk management plan, including the consumer’s behavior and ability to: manage mental and physical need; handle environments where the license holder serves the customer; and recognize and respond to unsafe or hazardous situations.
The license holder must identify specific measures in the risk management plan within the scope of the licensed services to reduce and minimize risk. The plan must also identify referrals made when risks outside the scope of the licensed services are identified.
Section 6 (245B.07, subdivision 1) prevents a license holder from being penalized for not having an individual service plan if the case manager fails to provide one.
Section 7 (245C.04, subdivision 6) exempts providers of both licensed and unlicensed home and community-based waiver services from repeating annual background studies under certain conditions.
Section 8 (245C.05, subdivision 7) specifies that a probation officer or corrections agent must notify DHS of an individual’s conviction if the individual has been affiliated in the preceding year with: a program or facility regulated by DHS or the Department of Health; a youth facility licensed Department of Corrections; or any type of home care agency or personal care assistance provider.
Section 9 (256B.092, subdivision 1b) states that changes to a consumer’s services should serve as an addemdum to the consumer’s individual service plan.
Section 10 (256B.097, subdivision 3) requires the State Quality Council to identify financial and personal risk issues that prevent people with disabilities from optimizing community-based services and recommend statutory and rule changes to the Legislature by January 15, 2013.
Section 11 (256B.49, subdivision 23) specifies that the definition of “community-living settings” includes the existence of a lease agreement between the service recipient and the landlord; requires the service provider to transfer the lease to the service recipient, and allows an exemption to this requirement if the landlord is not willing to transfer the lease.
Section 12 (256B.492) adds a new section titled “Adult Foster Care Voluntary Closure.”
Subdivision 1 requires DHS to request from adult foster care providers proposals for the conversion of services provided under adult foster care home licenses to other community settings, in conjunction with the closure of adult foster care homes.
Subdivision 2 requires DHS to submit a report to the Legislature by February 15, 2013, that includes: an inventory of the assessed needs of all individuals with developmental disabilities receiving adult foster care services; an inventory of total licensed foster care capacity for adults and children as of January 1, 2013; and a comparison of the needs of individuals receiving services in foster care settings vs. nonfoster care settings.
Recommendations on developing a profile of individuals requiring foster care services and the projected level of foster care capacity is also required in the report.
Subdivision 3 requires DHS to implement an adult foster care home closure program if the report in subdivision 2 determines the foster care capacity exceeds the need. The requirements and processes for the closure program’s implementation are outlined.
Subdivision 4 requires DHS, in reviewing and approving closure proposals, to give first priority to proposals that: result in facility closures; demonstrate saving to medical assistance (MA); and demonstrate that alternative placements are developed on individual resident needs and meet federal and state requirements. Proposals that best meet these criteria are to be selected, using only appropriations made available for the closure program. Contracts between DHS, counties, and providers are to be established.
Subdivision 5 allows DHS to establish enhanced payments rates, for a maximum of six months, during the transition from adult foster care homes to other community-based settings.
Section 13 (256D.44, subdivision 5) requires service providers for those deemed shelter needy and who meet certain requirements to transfer the lease to the service recipient within two years, and allows an exemption to this requirement if the landlord is not willing to transfer the lease.
Section 14 creates an Innovation Task Force to review and make recommendations on provider or lead agency-initiated pilot projects in home and community-based services for people with disabilities that would otherwise be limited by state-imposed requirements.
The task force will include: two providers of disability services; a person receiving disability services or a family member; an advocate for people with disabilities; a representative from the Disability Law Center; a county representative; a representative from the National Alliance on Mental Health-Minnesota; three representatives from DHS (one from each of the following divisions: Mental Health, Disability Services, and Licensing). Each term is for three years, and members will not be reimbursed for task force service.
On January 1 and July 1 of each year, DHS will issue request for proposals for providers or lead agencies to develop and implement new models for providing residential services for people with disabilities. The task force will review each of the proposals and recommend to DHS which ones should be implemented as pilot projects. The pilot project requirements, processes, oversight and evaluation, renewal, and discontinuation are outlined.
Section 15 describes, for people receiving home and community-based waiver services, the types and characteristics of living settings both allowed and not allowed in order to receive services.
Section 16 requires DHS to allow 15-minute and daily rate billing for independent living services under the Brain Injury (BI) and Community Alternatives for Disabled Individuals (CADI) waivers, and instructs DHS to submit a waiver amendment to the state plan to the federal government, if required.