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Increase of fine for serious maltreatment for certain license types
Requires the license holder to forfeit $5,000 if the commissioner determines that the license holder is responsible for maltreatment that meets the definition of serious maltreatment as defined in 245C.02, subdivision 18. For programs that operate in the license holder’s home and programs licensed under Minnesota Rules, parts 9502.0300 to 9502.0495, the fine assessed against the license holder shall not exceed $1,000 for each determination of maltreatment. S.F. 2, Article 9, section 8. Modifies §245A.07, subdivision 3. Effective August 1, 2017.
Modified definition of “controlling individual”
Clarifies the definition of “controlling individual” to include the owner of a program or service provider licensed under 245A and, if applicable each officer of the organization, the authorized agent, the compliance officer, and each managerial official whose responsibilities include the direction of the management or policies of a program. Clarifies that all controlling individuals must comply with background study requirements. S.F. 2, Article 13, section 2; Article 16, section 19. Modifies §245A.02, subdivision 5a. Effective July 1, 2017. Modifies §245C.03, subdivision 1, effective when the Department of Human Services implements NETStudy 2.0 or October 1, 2017, whichever is later.
Modified definition of “owner”
Clarifies the definition of “owner” to mean the individual or organization that has a direct or indirect ownership interest of five percent or more in a program licensed under 245A. S.F. 2, Article 13, section 3. Creates new subdivision, 10b, in §245A.02. Effective July 1, 2017.
Certification of license-exempt centers accepting child care assistance payments
Beginning September 30, 2017, the DHS will begin a process to certify license-exempt child care centers that participate in the Child Care Assistance Program. Certification applications will be received and processed on a schedule to be determined by the department. . S.F. 2, Article 16, sections 43-59, 68 establishes application procedures, standards, and requirements for certified license-exempt child care centers. Effective August 1, 2017. Get answers to frequently asked questions about the certification process.
Licensing inspection exit interview required
Requires the licensing agency to offer an exit interview following a licensing inspection to discuss violations of law or rule observed during the inspection and offer technical assistance on how to comply with applicable laws and rules. S.F. 2, Article 9, section 3. Modifies §245A.04, subdivision 4. Effective October 1, 2017.
Correction order posting modified
Requires the Commissioner to issue amended correction orders following a reversal or rescission of a correction order violation and modifies posting requirements for correction orders that are reversed or rescinded. S.F. 2, Article 9, section 5. Modifies §245A.06, subdivision 8. Effective July 1, 2017.
Correction order quotas prohibited
Prohibits the commissioner and county licensing agency from ordering, mandating, requiring, or suggesting to any person responsible for licensing or inspecting a family child care or child care center a quota for the issuance of correction orders. S.F. 2, Article 9, section 6. Modifies §245A.06. Effective July 1, 2017.
Fix-it ticket authorized
Requires the commissioner to issue, in lieu of a correction order, a fix-it ticket if the commissioner finds that 1) the license holder failed to comply with an applicable requirement that is eligible for a fix-it ticket; 2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program; 3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder’s last licensing inspection; 4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and 5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays. Within one week of receiving a fix-it ticket, the license holder must submit evidence that the license holder corrected the violation; if the license holder does not submit evidence or the evidence of the correction is insufficient, the commissioner must issue a correction order. The list of violations eligible for a fix-it ticket will be developed by the commissioner following consultation with license holders and county agencies. S.F. 2, Article 9, section 7. Creates a new section, §245A.065. Effective October 1, 2017.
Communication regarding changes to law and policy required
Requires the commissioner to provide information to child care license holders on a timely basis of changes to state and federal statute, rule, regulation and policy relating to the provision of licensed child care, the child care assistance program, and Parent Aware, including information to promote license holder compliance. S.F. 2, Article 9, section 9. Creates a new section, §245A.1434. Effective July 1, 2017.
Child care and development block grant changes
Modifies health and safety requirements and brings Minnesota into compliance with the health and safety requirements of the 2014 reauthorization of the Child Care and Development Block Grant. Changes include:
In addition, license holders will be required to use the DHS Child Care Emergency Plan (PDF). (Word Document) S.F. 2, Article 16, Sections 4, 7-13. Creates a new subdivision, 15, in §245A.14; creates new subdivision, 9, in 245A.40; modifies §245A.40 subdivisions 1, 2, 3, 4, and 7; creates a new section, §245A.41. Effective August 1, 2017.
Annual inspections
To bring Minnesota into compliance with federal requirements, the Department will be required to inspect licensed child care centers at least annually. The Department will begin phasing in annual inspections in August of 2017. Modifies §245A.09, subdivision 7. S.F. 2, Article 16, Section 2. Effective August 1, 2017.
Background study requirement modifications
Modifies the content and process of background studies for license holders and child care staff. The new background study, which will be valid for five years, will include a fingerprint check against the national criminal database and a name and date-of-birth check against the National Sex Offender public website. The background study will cost $40 in addition to a separate finger printing fee. All individuals whose activities involve the care or supervision of a child or include unsupervised access to children will be required to obtain the new enhanced background study. S.F. 2, Article 16, Sections 18-42. Various effective dates. The Department will contact license holders to alert them to when they must obtain the new, enhanced background study.
Licensing data and correction order posting guidelines
No later than November 1, 2017, the commissioner shall develop guidelines for posting public licensing data for licensed child care programs following consultation with stakeholders. S.F. 2, Article 7, Section 35.
Sudden unexpected infant death and abusive head trauma training requirements for relatives clarified
Clarifies that an individual who is related to the license holder and who is involved only in the care of the license holder’s own infant or child under school age and who is not designated to be a caregiver, helper, or substitute for the licensed program is exempt from the sudden unexpected infant death and abusive head trauma training. S.F. 2, Article 7, section 24. Modifies §245A.50, subdivision 5. Effective July 1, 2017.
Definition of “annual” modified for purposes of 245A.50
Defines “annual” or “annually” for the purposes of family child care training requirements in section 245A.50 to mean the 12-month period beginning on the license effective date or the annual anniversary of the effective date and ending on the day prior to the annual anniversary of the license effective date. S.F. 2, Article 9, sections 1-2. Modifies §245A.02, subdivision 2b; creates a new subdivision, 2c, in 245A.02. Effective July 1, 2017.
Licensing inspection exit interview required
Requires the county licensing agency to offer an exit interview following a licensing inspection to discuss violations of law or rule observed during the inspection and offer technical assistance on how to comply with applicable laws and rules. S.F. 2, Article 9, section 3. Modifies §245A.04, subdivision 4. Effective October 1, 2017.
Request for expedited correction order review permitted
Permits licensed family child care providers to request expedited review of a correction order if 1) the corrective action pending reconsideration would require either a substantial expenditure of funds or change to the licensed program and 2) the license holder describes actions the license holder will take in lieu of the corrective action to ensure the health and safety of children in care pending reconsideration of the correction order. S.F. 2, Article 9, section 4. Modifies §245A.02, subdivision 2. Effective July 1, 2017.
Fix-it ticket authorized
Requires the commissioner to issue, in lieu of a correction order, a fix-it ticket if the commissioner finds that 1) the license holder failed to comply with an applicable requirement that is eligible for a fix-it ticket; 2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program; 3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder’s last licensing inspection; 4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and 5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays. Within one week of receiving a fix-it ticket, the license holder must submit evidence that the license holder corrected the violation; if the license holder does not submit evidence or the evidence of the correction is insufficient, the commissioner must issue a correction order. The list of violations eligible for a fix-it ticket will be developed by the commissioner following consultation with license holders and county agencies. S.F. 2, Article 9, section 7. Creates a new section, §245A.065. Effective October 1, 2017.
Correction order quotas prohibited
Prohibits the commissioner and county licensing agency from ordering, mandating, requiring, or suggesting to any person responsible for licensing or inspecting a family child care or child care center a quota for the issuance of correction orders. S.F. 2, Article 9, section 6. Modifies §245A.06. Effective July 1, 2017.
Correction order posting modified
Requires the Commissioner to issue amended correction orders following a reversal or rescission of a correction order violation and modifies posting requirements for correction orders that are reversed or rescinded. S.F. 2, Article 9, section 5. Modifies §245A.06, subdivision 8. Effective July 1, 2017.
Annual inspections
To bring Minnesota into compliance with federal requirements, counties will now be required to inspect family child care programs at least annually. S.F. 2, Article 16, Section 5. Modifies §245A.16, subdivision 1. Effective August 1, 2017.
Communication regarding changes to law and policy required
Requires the commissioner to provide information to child care license holders on a timely basis of changes to state and federal statute, rule, regulation and policy relating to the provision of licensed child care, the child care assistance program, and Parent Aware, and child care licensing functions delegated to counties, including information to promote license holder compliance. S.F. 2, Article 9, Section 9. Creates new section, §245A.1434. Effective July 1, 2017.
Child care and development block grant changes
Brings Minnesota into compliance with the health and safety requirements of the 2014 reauthorization of the Child Care and Development Block Grant. Changes include:
In addition, license holders will be required to use the DHS Child Care Emergency Plan (PDF) (Word Document). S.F. 2, Article 16, Sections 4, 14-17. Creates a new subdivision 15 in 245A.14; modifies 245A.50, subdivisions 2, 7. Creates a new section, 245A.51. Effective August 1, 2017. Modifies §245A.50, subdivision 9. Effective July 1, 2017.
Background study requirement modifications
Requires a new fingerprint-based background study for all licensed family child care and licensed child care centers and their staff and household members. The new background study, which will be valid for five years and will be conducted by the Department of Human Services, will include a review of Minnesota criminal records, predatory offender registry, and child abuse and neglect registry. It will also include a review of FBI criminal records, the National Sex Offender Public Website, and child abuse and neglect registries in any state where the subject has resided in the previous five years. The background study will cost $40 in addition to a separate finger printing fee. All individuals whose activities involve the care or supervision of a child or include unsupervised access to children will be required to obtain the new enhanced background study. S.F. 2, Article 16, Sections 18-42. Various effective dates. The Department will contact license holders with more details about these changes and alert them to when they must obtain the new, enhanced background study.
Licensing data and correction order posting guidelines
No later than November 1, 2017, the commissioner shall develop guidelines for posting public licensing data for licensed child care programs following consultation with stakeholders. S.F. 2, Article 7, Section 35.
Substance use disorder reform
Transforms Minnesota’s substance use disorder (SUD) continuum of care. Streamlines the process for accessing treatment by allowing individuals to go directly to providers to receive an assessment, allows licensed providers to be directly reimbursed for services and provide services outside of site-based treatment programs. Adds three new services — care coordination, peer recovery support and withdrawal management — to the continuum of care. Updates terminology relating to substance misuse and substance use disorders in chapters 245A and 254A. S.F. 2, Article 8, sections 12-35, 38-65, 67, and 75-77. Creates a new chapter, 245G, and repeals Minnesota Rules, parts 9530.6405 to 9530.6505 (Rule 31). Effective January 1, 2018.
Rule 31 requirements updated and codified at Chapter 245G
As part of the effort to reform Minnesota’s substance use disorder continuum of care, legislation codifies and makes updates to the requirements of Rule 31 to increase clarity and better protect clients. Modifications include:
S.F. 2, Article 8, sections 12-35, 38-65, 67, and 75-77. Creates a new chapter, 245G. Effective January 1, 2018.
Required use of public benefits for room or board costs prohibited
Prohibits vendors from using a client’s public benefits to offset the cost of services paid under section 254B.03. Prohibits vendors from requiring the client to use public benefits, including but not limited to cash assistance benefits under Chapters 119B, 256D, 256J, or SNAP benefits, for room and board costs. Clarifies that retention of SNAP benefits is a right of a client receiving services through the consolidated chemical dependency treatment fund or through state contracted managed care entities.
S.F. 2, Article 8, section 55. Modifies §254B.03, subdivision 2. Effective January 1, 2018.
Entry level mental health provider standards
Allows mental health practitioners to work in day treatment programs before obtaining 2,000 hours of supervised experience as long as they meet certain training and supervision requirements. Outlines an inclusive list of degrees that qualify a person to become a mental health practitioner. Allows provider staff other than mental health professionals and mental health practitioners to use restrictive procedures, as long as they have completed required training and have the clinical supervision of a mental health professional. Eliminates the requirement that a Certified Peer Specialist and Certified Family Peer Specialists have a high school diploma or its equivalent. H.F. 1186, Sections 1-5, 8. Modifies §245.462, subdivision 17; §245.4871, subdivision 26; §245.8261, subdivision 4; §256B.0615, subdivision 5; and §256.0943, subdivisions 9 and 13. Effective May 24, 2017.
Prohibition on initial licenses for IMD children’s residential facilities
Prohibits the commissioner from issuing an initial license for children’s residential facilities that the Centers for Medicare and Medicaid Services would consider an institution for mental diseases, unless the facility only serves private pay clients. Grants authority to the commissioner to manage existing statewide capacity in children’s residential facilities subject to the moratorium. S.F. 2, Article 2, Section 3. Modifies §245A.03, subdivision 7. Effective July 1, 2017.
Adult foster care bedroom requirements
Modifies existing requirements to require that adult foster care service recipients must have a choice of roommate and that each roommate must consent in writing to sharing a bedroom. Requires that the license holder provide a lock for each resident’s bedroom door unless otherwise indicated for the resident’s health, safety, or wellbeing. A restriction on the use of the lock must be documented and justified in the resident’s individual abuse prevention plan. S.F. 2, Article 2, Section 5. Creates a new subdivision, 9, in §245A.11. Effective May 31, 2017.
Documents provided at admission
Requires that a resident and a resident’s legal representative must be given, at admission, an explanation of the resident’s rights; a summary of the Vulnerable Adults Protection Act prepared by the department; and the name, address, and telephone number of the local agency to which complaints may be made. S.F. 2, Article 2, Section 6. Creates a new subdivision, 10, in §245A.11. Effective May 31, 2017.
Adult foster care resident rights
Codifies and makes modifications to existing Minnesota Rules, 9555.6255 relating to adult foster care recipient rights. Resident rights include the right to:
Restrictions may be made to some rights; however, restrictions are only permitted if necessary to ensure the health, safety and well-being of the resident and must be implemented in the least restrictive manner to protect the resident and provide support to reduce or eliminate the need for the restriction. Any restriction of a resident’s right must be documented and justified in the resident’s individual abuse prevention plan. S.F. 2, Article 2, Section 6. Creates a new subdivision, 10, in §245A.11. Effective May 31, 2017.
Elderly waiver recipient termination requirements
Modifies protection-related rights for recipients of Elderly Waiver home and community based services, requiring adult foster care license holders that provide foster care services to a resident under section 256B.0915 to:
S.F. 2, Article 2, Sections 5-7. Creates new subdivisions, 9-11, in §245A.11. Effective May 31, 2017. S.F. 2, Article 2, Section 4. Modifies §245A.04, subdivision 14. Effective August 1.
Fifth bed adult foster care and community residential setting exception extended
Extends the existing exception through June 30, 2019 for a fifth bed in adult foster care and community residential settings if the fifth bed does not increase the overall statewide capacity of adult foster care and community residential setting beds. S.F. 359, section 1. Modifies §245A.11, subdivision 2a. Effective May 31, 2017.
HCBS settings rule requirements implemented
Modifies protection-related rights for recipients of home and community based services, including that individuals have the right to:
Additionally requires that each person receiving services have a choice of roommate. S.F. 2, Article 2, section 8. Modifies §245D.04, subdivision 3. Effective May 31, 2017. S.F. 359, section 11, 16. Modifies §245D.04, subdivision 3 and §245D.24, subdivision 3. Effective May 31, 2017.
Assessment and initial service planning regarding schedule and technology
Modifies assessment and initial service planning to include the person’s preferences for how services and supports are provided, including how the provider will support the person to have control of the person’s schedule and a discussion of how technology might be used to meet the person’s desired outcomes as part of the 45-day planning meeting. A summary of the discussion regarding the use of technology must be included in the coordinated service and support plan or support plan addendum. S.F. 359, Section 12. Modifies §245D.071, subdivision 3. Effective May 31, 2017.
Fifth bed adult foster care and community residential setting exception extended
Extends the existing exception through June 30, 2019 for a fifth bed in adult foster care and community residential settings if the fifth bed does not increase the overall statewide capacity of adult foster care and community residential setting beds. S.F. 359, Section 1. Modifies §245A.11, subdivision 2a. Effective May 31, 2017.
Modification of nonsupervisory staff orientation requirements
Modifies the orientation training requirement for direct support staff to the requirement that the license holder provide and ensure completion of orientation sufficient to create staff competency for direct support staff that combines on-the-job training and review of and instruction of topics described in statute. S.F. 359, Section 13. Modifies §245D.09, subdivision 4. Effective May 31, 2017.
Residency agreement required
At admission or service initiation, requires the person or the person’s legal representative and the license holder to sign and date a residency agreement that includes service termination requirements for license holders providing certain services. The residency agreement must be reviewed annually, dated, and signed by the person or the person’s legal representative and the license holder. S.F. 359, Section 15. Modifies §245D.11, subdivision 4. Effective August 1, 2017.
Limited moratorium exception created
Establishes two exceptions to the moratorium on corporate foster care: one for people transitioning from the residential care waiver to foster care services and another for people residing in an unlicensed site for which a license is required.
New foster care licenses or community residential setting licenses may be issued by the commissioner if the commissioner determines the license is needed for the transition of people from the residential care waiver services to foster care services if 1) the person’s case manager provided the person with information about the choice of service, service provider, and the location of service to help the person make an informed choice and 2) the person’s foster care services are less than or equal to the cost of the person’s services delivered in the residential care waiver service setting as determined by the lead agency.
Additionally, new foster care licenses or community residential settings licenses for people receiving services under chapter 245D and residing in an unlicensed setting before May 1, 2017 and for which a license is required may also be issued. The exception does not apply to people living in their own home and there is a presumption that a foster care or community residential setting license is required for services provided to three or more people in a dwelling unit when the setting is controlled by the provider. A license holder may rebut this presumption by seeking reconsideration of the commissioner’s determination. This exception is only available until June 30, 2018 and is only available if 1) the person’s case manager provided the person with information to help the person make an informed choice and 2) the person’s services provided in the licensed foster care or community residential setting are less than or equal to the person’s services delivered in the unlicensed setting as determined by the lead agency. S.F. 2, Article 2, sections 3, 11, and 15-18. Modifies §245A.03 subdivision 7. Effective July 1, 2017.
New employment services added
Creates three new day employment services – employment exploration services, employment development services, and employment support services – to the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans. S.F. 2, Article 1, section 2. Modifies §245D.03 subdivision 1. Effective upon federal approval.
Addition of individualized home supports services for elderly waiver recipients
Adds individualized home supports to in-home services to the licensed services that may be provided to elderly waiver recipients. S.F. 2, Article 1, section 2. Modifies §245D.03 subdivision 1. Effective May 31, 2017.
