Each lead agency (county, managed care organization) and Tribal Nation will select one Adult Day Care (ADC) moratorium liaison who will communicate with DHS regarding any exception requests.
It is up to each lead agency (county, managed care organization) and Tribal Nation to identify one ADC moratorium liaison. The moratorium liaison must be identified to DHS prior to submitting any exceptions requests and all requests must be submitted through that liaison. Each lead agency must email the name of the ADC moratorium liaison to licensemoratorium.dhs@state.mn.us by February 6, 2026. The identified 245D liaison can also fill the role of ADC liaison, or they can be two distinct individuals.
If a change needs to be made to the designated ADC moratorium liaison, send an email to DHS at licensemoratorium.dhs@state.mn.us two weeks prior to the change.
No. The ADC moratorium liaison should only submit the form to DHS if the lead agency or Tribal Nation is in support of the exception. Before submitting an exception request, the lead agency or Tribal Nation should have clearly identified an individual with a service need or a local/regional capacity deficit and a provider who is capable of meeting that need. If the lead agency or Tribal Nation does not believe that the provider can meet the person’s needs or local/regional capacity deficit, the agency should not submit an exception request.
There is not an appeal option for the exception process. Lead agencies and Tribal Nations have discretion of whether to approve a request for an exception. DHS has discretion of whether a provider can apply for a license.
If a provider is approved to apply for a license and their application is denied, they have the same appeal rights as any other application (MN Statutes, section 245A.05).
We expect that the exception process will take no more than 60 days and if approved, move to the submission of an application or request to add the service.
No. First, in consultation with the lead agency or Tribal Nation, DHS will need to determine that there is a need for services in the area. If DHS determines there is a need, the applicant will need to submit an application. The application will still need to go through the normal review process, and the applicant must meet all application requirements before being licensed.
It depends on how responsive the applicant is and how quickly they provide documentation, but the application review process should not take longer than 45 days.
Any application submitted prior to February 1, 2026, will be cancelled unless it has been identified for an exception by a lead agency or Tribal Nation. Applicants will receive an email stating that their application has been cancelled and instructions for applying for a refund of the application fee once that process has been finalized.
If the lead agency or Tribal Nation determines that there is a specific need for a service, they must submit an exception form with supporting information describing the need regardless of whether the license application was already submitted or is in progress.
It is the license holder’s responsibility to request any changes to their capacity to HCBS Licensing. A needs determination is not required for a change in capacity for ADC.
