Free Standing Room and Board Programs

All FSRB Providers are required to operate in accordance with the following requirements.

Legal Requirements:

• Room and board provider requirements under MN Statute Sec. 254B.05 Subd. 1a.
• Minnesota Health Care Programs (MHCP) enrollment requirements under Substance Use Disorder (SUD) Services and Substance Use Disorder (SUD) Services Enrollment Criteria and Forms, specifically:
  • DHS-4138-ENG (MA and MCO In-Network providers or MA only Provider Agreement)
  • DHS-3491-ENG (Behavioral Health Fund (BHF) Provider Assurance Statement)

Key Operating Requirements:

In alignment with MN Statute 254B.05 Subd. 1a, FSRB providers must ensure:

• No Concurrent Housing Support Funding: Providers cannot receive both Housing Supports payments under Minnesota Statutes, Chapter 256I and Behavioral Health Funds (BHF) for the same resident for the same time period. Sec. 254B.05 Subd. 1a. (4)
• Annual Registration: Providers must annually update their Board and Lodging with Special Services registration. Sec. 254B.05 Subd. 1a. (6)
• Coordination with Treatment Provider: FSRB providers must document coordination with each resident’s treatment provider to confirm eligibility for FSRB services:
  • Sec. 254B.04 Subd. 2a Eligibility for room and board services for persons in outpatient substance use disorder treatment.
    • “A person eligible for room and board services under section 254B.05, subdivision 5, paragraph (b), must score at level 4 on assessment dimensions related to readiness to change, relapse, continued use, or recovery environment in order to be assigned to services with a room and board component reimbursed under this section. Whether a treatment facility has been designated an institution for mental diseases under United States Code, title 42, section 1396d, shall not be a factor in making placements.";  and
  • Sec. 254B.03 Subd. 2(a) (2) “concurrently receiving a substance use disorder treatment service in a program licensed by the commissioner and reimbursed by the behavioral health fund."
• Staffing: Awake staff must be onsite whenever a resident is present. Sec. 254B.05 Subd. 1a. (7)

In addition to statutory requirements, FSRB providers must:

• Report suspected maltreatment: Document any suspected maltreatment under Sec. 626.557 Subd. 4a (a)
• Provide food to all residents: Providers must ensure availability of food equivalent to three meals per day for all FSRB residents.
• Narcan/naloxone Availability: Providers are required to maintain naloxone (Narcan) onsite to prevent against overdose deaths. Naloxone - MN Dept. of Health
• Attendance Tracking: Providers must maintain a system to document a resident’s daily presence.  Residents must be physically present overnight for billing.  Absences, including those on passes, are not billable.

• Staffing Restrictions: Providers must not submit billing claims for staff as residents.  Meaning, staff members cannot be employed at the facility while simultaneously receiving payment as a resident of the free-standing room and board (FSRB) program.
• Peer Recovery Staff Limitations: Peer recovery staff employed by a treatment program, recovery community organization, or other entities must not hold dual roles as house managers or facility staff (See Rule 5.0 in the Peer-Recovery-Code-of-Ethical-Conduct.pdf). 
  • Enforcing house rules and overseeing facility operations fall outside the recognized scope of peer recovery work.
  • Peers may provide support within the house environment, but strictly in their peer recovery role—not as part of the housing or administrative team.
  • It is not permissible for FSRB staff who are also peer recovery staff to bill for services provided to residents of the FSRB. This distinction is necessary to prevent potential conflicts and role confusion.
• Service Separation: Free-standing room and board (FSRB) and substance use disorder (SUD) treatment are two distinct services. While an agency may operate both a licensed treatment program and an FSRB facility, these services must remain separate in terms of access and client choice.

• Residents must meet a residential treatment level of care on a Comprehensive Assessment to be eligible for FSRB services.
  • See MN Statute 254B.04, Subd. 2a

• Residents must understand how their housing relates to their treatment level and needs
• Residents must know their transition plan for ending FSRB supports when their residential-level care is no longer needed
• Residents have the right to choose their service providers
• FSRB providers cannot limit which SUD treatment program residents use
• Treatment providers cannot require clients to use specific FSRB providers
• A list of active FSRB providers is available to help individuals locate services statewide.

• Residents can report grievances to the following:

  • Minnesota Office of Ombudsman for Mental Health and Developmental Disabilities (OMHDD)
    • Address: 332 Minnesota St., Ste. W1410, First National Bank Building, St. Paul, MN  55101-2117
    • Phone: (local) 651-757-1800, (toll-free) 1-800-657-3506 or Fax: 651-797-1950
    • Email: ombudsman.mhdd@state.mn.us
    • Website: How to File a Complaint / mn.gov
      • Complaints should involve the actions of an agency, facility, or program and can be person-specific or a system-wide concern.
  • Minnesota Department of Health (MDH), Office of Health Facility Complaints
    • Address: PO Box 64970, St. Paul, MN  55164-0970
    • Phone: 651-201-4200
    • Email: health.ohfc-complaints@state.mn.us 
    • Website: Filing a Complaint Against a Facility - MN Dept. of Health
      • Complaints should involve rights violations, issues with inadequate care, violations of licensing standards, or issues related to discharge/termination of services via this method.
  • Minnesota Board of Behavioral Health and Therapy (BBHT)
    • Address: 335 Randolph Ave., Ste. 290, St. Paul, MN  55102
    • Phone: 651-201-2750 or Fax: 651-797-1378
    • Email: bbht.board@state.mn.us
    • Website: Filing a Complaint / Minnesota Board of Behavioral Health and Therapy
      • NOTE: Complaints to the MN BBHT should involve licensed counselors or therapists.  Please use the MN Health Board credential search before submitting a complaint.