Rule revision for residential mental health programs (Rule 36)
The Department of Human Services is revising Minnesota Rules, parts 9520.0500 to 9520.0670 (Rule 36) to modernize licensing standards for residential treatment programs for adults who are mentally ill. These licensing standards have not seen substantial updates since their adoption in 1982.
Why the rule revision
- Develop new standards that accurately reflect the level of service provided by programs currently identified as Category I programs, and update standards to align with current best practices and changes in the mental health service continuum.
- Formally incorporate the Forensic Mental Health Program (FMHP), which currently operates under a variance, into Minnesota Rules.
- Remove Category II program license requirements, which are obsolete.
Background
The current rule includes two types of programs: Category I and Category II. Category I provides a higher level of care; these programs are residential settings that focus mainly on providing services on site. Category II provides a lower level of care and emphasizes accessing community resources for most services. With the emergence of other housing models like permanent supportive housing to fulfill this role, Minnesota has not had any Category II programs in several years. For that reason, DHS proposes to eliminate Category II as part of this revision.
Included in Rule 36 is the Forensic Mental Health Program (FMHP), which serves adults who have been committed to the care of DHS as mentally ill and dangerous. The FMHP currently operates under a variance to Rule 36 that contains requirements which reflect the program’s secure setting. With significant stakeholder input, a variance to Rule 36 was written in 2016 to govern services at FMHP.
Other mental health programs operating under Rule 36 serve clients who need less intensive treatment services. Funding is either private or commercial pay, and clients may live at the program for longer than 30 days to several years.
Rule 36 programs do not include IRTS/RCS programs licensed under Minnesota Statutes, section 245I.23, since those programs were separated from Rule 9520 in 2021 as part of the Uniform Service Standards (USS) legislation.
