Bill Text: MN SF1412 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Foster care for individuals with autism establishment
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-27 - Author added Nelson [SF1412 Detail]
Download: Minnesota-2011-SF1412-Introduced.html
Bill Title: Foster care for individuals with autism establishment
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-27 - Author added Nelson [SF1412 Detail]
Download: Minnesota-2011-SF1412-Introduced.html
1.2relating to human services; creating an exception to the foster care licensing
1.3moratorium;amending Minnesota Statutes 2010, section 245A.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
1.8initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
1.92960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
1.109555.6265, under this chapter for a physical location that will not be the primary residence
1.11of the license holder for the entire period of licensure. If a license is issued during this
1.12moratorium, and the license holder changes the license holder's primary residence away
1.13from the physical location of the foster care license, the commissioner shall revoke the
1.14license according to section245A.07 . Exceptions to the moratorium include:
1.15(1) foster care settings that are required to be registered under chapter 144D;
1.16(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
1.17and determined to be needed by the commissioner under paragraph (b);
1.18(3) new foster care licenses determined to be needed by the commissioner under
1.19paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center;
1.20(4) new foster care licenses determined to be needed by the commissioner under
1.21paragraph (b) for persons requiring hospital level care; or
1.22(5) new foster care licenses determined to be needed by the commissioner for the
1.23transition of people from personal care assistance to the home and community-based
1.24services.
2.1(b) The commissioner shall determine the need for newly licensed foster care homes
2.2as defined under this subdivision. As part of the determination, the commissioner shall
2.3consider the availability of foster care capacity in the area in which the licensee seeks to
2.4operate, and the recommendation of the local county board. The determination by the
2.5commissioner must be final. A determination of need is not required for a change in
2.6ownership at the same address.
2.7 (c) Residential settings that would otherwise be subject to the moratorium established
2.8in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.9of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
2.10or child foster care license. For this paragraph, all of the following conditions must be met
2.11to be considered in the process of receiving an adult or child foster care license:
2.12 (1) participants have made decisions to move into the residential setting, including
2.13documentation in each participant's care plan;
2.14 (2) the provider has purchased housing or has made a financial investment in the
2.15property;
2.16 (3) the lead agency has approved the plans, including costs for the residential setting
2.17for each individual;
2.18 (4) the completion of the licensing process, including all necessary inspections, is
2.19the only remaining component prior to being able to provide services; and
2.20 (5) the needs of the individuals cannot be met within the existing capacity in that
2.21county.
2.22To qualify for the process under this paragraph, the lead agency must submit
2.23documentation to the commissioner by August 1, 2009, that all of the above criteria are
2.24met.
2.25(d) The commissioner shall study the effects of the license moratorium under this
2.26subdivision and shall report back to the legislature by January 15, 2011. This study shall
2.27include, but is not limited to the following:
2.28(1) the overall capacity and utilization of foster care beds where the physical location
2.29is not the primary residence of the license holder prior to and after implementation
2.30of the moratorium;
2.31(2) the overall capacity and utilization of foster care beds where the physical
2.32location is the primary residence of the license holder prior to and after implementation
2.33of the moratorium; and
2.34(3) the number of licensed and occupied ICF/MR beds prior to and after
2.35implementation of the moratorium.
3.1(e) In addition to the moratorium exceptions under paragraph (a), the commissioner
3.2shall issue up to three foster care licenses to a single not-for-profit agency that is
3.3established to develop services for persons with severe autism to provide residential
3.4services for persons up to age 25 with autism who are in need of continuous, 24 hour,
3.5on-site supervision by a caregiver, if all licensing requirements are met. The license holder
3.6may contract with other agencies for the provision of these services. This paragraph does
3.7not change any eligibility requirements related to public funding for autism services.
1.3moratorium;amending Minnesota Statutes 2010, section 245A.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
1.8initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
1.92960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
1.109555.6265, under this chapter for a physical location that will not be the primary residence
1.11of the license holder for the entire period of licensure. If a license is issued during this
1.12moratorium, and the license holder changes the license holder's primary residence away
1.13from the physical location of the foster care license, the commissioner shall revoke the
1.14license according to section
1.15(1) foster care settings that are required to be registered under chapter 144D;
1.16(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
1.17and determined to be needed by the commissioner under paragraph (b);
1.18(3) new foster care licenses determined to be needed by the commissioner under
1.19paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center;
1.20(4) new foster care licenses determined to be needed by the commissioner under
1.21paragraph (b) for persons requiring hospital level care; or
1.22(5) new foster care licenses determined to be needed by the commissioner for the
1.23transition of people from personal care assistance to the home and community-based
1.24services.
2.1(b) The commissioner shall determine the need for newly licensed foster care homes
2.2as defined under this subdivision. As part of the determination, the commissioner shall
2.3consider the availability of foster care capacity in the area in which the licensee seeks to
2.4operate, and the recommendation of the local county board. The determination by the
2.5commissioner must be final. A determination of need is not required for a change in
2.6ownership at the same address.
2.7 (c) Residential settings that would otherwise be subject to the moratorium established
2.8in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.9of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
2.10or child foster care license. For this paragraph, all of the following conditions must be met
2.11to be considered in the process of receiving an adult or child foster care license:
2.12 (1) participants have made decisions to move into the residential setting, including
2.13documentation in each participant's care plan;
2.14 (2) the provider has purchased housing or has made a financial investment in the
2.15property;
2.16 (3) the lead agency has approved the plans, including costs for the residential setting
2.17for each individual;
2.18 (4) the completion of the licensing process, including all necessary inspections, is
2.19the only remaining component prior to being able to provide services; and
2.20 (5) the needs of the individuals cannot be met within the existing capacity in that
2.21county.
2.22To qualify for the process under this paragraph, the lead agency must submit
2.23documentation to the commissioner by August 1, 2009, that all of the above criteria are
2.24met.
2.25(d) The commissioner shall study the effects of the license moratorium under this
2.26subdivision and shall report back to the legislature by January 15, 2011. This study shall
2.27include, but is not limited to the following:
2.28(1) the overall capacity and utilization of foster care beds where the physical location
2.29is not the primary residence of the license holder prior to and after implementation
2.30of the moratorium;
2.31(2) the overall capacity and utilization of foster care beds where the physical
2.32location is the primary residence of the license holder prior to and after implementation
2.33of the moratorium; and
2.34(3) the number of licensed and occupied ICF/MR beds prior to and after
2.35implementation of the moratorium.
3.1(e) In addition to the moratorium exceptions under paragraph (a), the commissioner
3.2shall issue up to three foster care licenses to a single not-for-profit agency that is
3.3established to develop services for persons with severe autism to provide residential
3.4services for persons up to age 25 with autism who are in need of continuous, 24 hour,
3.5on-site supervision by a caregiver, if all licensing requirements are met. The license holder
3.6may contract with other agencies for the provision of these services. This paragraph does
3.7not change any eligibility requirements related to public funding for autism services.
