EIDBI Provisional Licensure Frequently Asked Questions (FAQs)

Existing EIDBI agencies can continue to provide services, in accordance with Minn. Stat. §256B.0949, while they wait for additional instructions from DHS.

EIDBI agencies will have until May 31, 2026, to submit an application for provisional licensure. There will be a $2,100 fee for each application. All enrolled EIDBI agencies must apply for provisional licensure by this date. Agencies that have not submitted an application by this date must not operate and will be disenrolled from providing EIDBI services.

Next steps:

• DHS will provide additional information about the application for provisional licensure in the coming months.
• DHS will begin issuing EIDBI provisional licenses in early 2026.

DHS will develop and publish application forms and guidance by the end of the year (Dec. 31, 2025). Applications will be available by Jan. 1, 2026, for agencies that are enrolled as Minnesota Health Care Program (MHCP) providers.

DHS will begin issuing provisional licenses in January 2026.

Yes, a provisional license application may be denied under the conditions listed in Minnesota Statutes, Section 245A.05.

Once the provisional license has been issued, it will remain effective until comprehensive licensing standards are passed by the Legislature. However, a provisional license may be suspended or revoked under the conditions listed in Minnesota Statutes, Section 245A.07.

As of July 1, 2025, DHS has jurisdiction to investigate alleged maltreatment of children and vulnerable adults receiving EIDBI services. Agencies should continue to comply with Minnesota Statutes, 256B.0949, subdivision 16, which states that agencies shall provide training for all staff on the requirements of the Minnesota Maltreatment of Minors Act, the Vulnerable Adults Act, and the agency’s policy for all staff on how to report suspected abuse and neglect.

• Reports of alleged maltreatment involving a child occurring in an EIDBI program should be reported to DHS Licensing at 651-431-6600.
• Alleged maltreatment of a youth aged 18-21 occurring in an EIDBI program should be reported to the Minnesota Adult Abuse Reporting Center (MAARC) at 1-844-880-1574.
• More information about the DHS maltreatment process can be found at this link: Maltreatment investigations in DHS-licensed programs

Starting later this year and throughout 2026, DHS will work with partners to develop comprehensive licensing standards for EIDBI licensure. By Jan. 1, 2027, DHS must submit proposed standards for nonprovisional, comprehensive EIDBI licensure to the Legislature.

The proposed standards will need to be approved by the Legislature and signed into law by the Governor to become permanent.

The Legislature directed DHS to collaborate with the Early Intensive Developmental and Behavioral Advisory Council to develop comprehensive licensing standards. DHS will offer additional opportunities for the community to share feedback about comprehensive licensing standards. People who are interested in those opportunities should subscribe to our EIDBI licensure email list for future updates.

As of July 1, 2025, DHS may conduct unannounced on-site inspections to program sites. This includes investigating reports of maltreatment, complaints against agencies, and other unannounced on-site inspections.

The 2025 Legislature enacted updates to provide clarity around EIDBI background studies. This means that starting August 5, 2025, individuals with the following roles in providing EIDBI services will need completed background studies to provide services:

• Owner with at least a five percent ownership stake,
• Operator, including a board member or other individual overseeing billing, management, or policies, or
• Employee or volunteer who provides direct contact EIDBI services.

Previously, if DHS told an EIDBI agency that more time was needed to conduct a study, the study subject could still provide services while they waited if they met certain conditions. Starting August 5, 2025, an individual can only provide services after their study is complete and has resulted in a clearance (“eligible”) or set-aside of a disqualification. Notices from DHS about needing more time started including language about this change on July 1.

Agencies should make sure all owners, operators, employees and volunteers have a completed background study from DHS. If everyone in those roles already has received an eligible or set-aside result from a DHS background study through NETStudy 2.0 and is on the agency's active roster in NETStudy 2.0, then the agency is compliant and does not need to complete new or additional studies. If anyone in those roles does not already have a DHS background study and/or is not on the active roster, the agency must now initiate a study for them in NETStudy 2.0.

More information about the background study process can be found on this webpage: DHS-8484 (Background Studies Overview).