If you have implemented a Positive Support Transition Plan, DHS-6810 (PDF) and the team does not believe it can phase out a prohibited procedure by the 11-month deadline because of a safety concern, you may request approval from the commissioner to extend the use of a procedure. You may also request approval for the use of a procedure that is not specifically permitted by Minn. R. 9544.0050, nor specifically prohibited by Minn. R. 9544.0060. The commissioner has limited authority to approve an extension for the use of a procedure when all of the following conditions are met:
To request approval for the use of a procedure, follow these steps:
Person-centered planning is a collection of models that provide a way to get to know a person and his or her “story.” This helps you know what the person wants in life, where he or she prefers to live, what makes him or her happy and how to balance what is important for the person with what is important to him or her. Person-centered planning is useful for all people, regardless of ability. Person-centered planning addresses all areas of the person’s life, including community participation, relationships, work and aspirations. It is a collaborative process to help people identify the supports and services they need to live a high quality life based on their preferences and values. The person served drives the planning process and those who know the person best are important supporters in the process.
A person-centered plan or description and functional behavior assessment should guide the development of a positive support transition plan. More information and tools related to the development of a person-centered plan or description are available in the positive-supports manual, Guidelines for Positive Supports in DHS-Licensed Settings, DHS-6810C (PDF), starting on page 11. You can find related Minnesota guidelines about person-centered planning in Minn. Stat. 245D.07 and Minn. R. 9544.0030.
Scroll down to the Planning facilitators section on the Minnesota Department of Human Resources (DHS) Person-centered practices webpage to find a qualified person-centered plan author in your area.
Information and tools related to the development of an FBA are available in the positive-supports manual, Guidelines for Positive Supports in DHS-Licensed Settings, DHS-6810C (PDF), starting on page 32.
A PSTP directs the actions of a service provider; it outlines the support and procedures providers will use with the people they serve. Goals of the PSTP include decreasing target behaviors, phasing out of prohibited procedures, decreasing the emergency use of manual restraint (EUMR), and increasing the quality of life of the person.
PSTPs that are submitted to the EPRC must include relevant content from the person-centered plan or description, information from the FBA, the required components below, material associated with the topics to emphasize and any recent changes. You can find more details about the development of a PSTP in the positive-supports manual, Guidelines for Positive Supports in DHS-Licensed Settings, DHS-6810C (PDF), starting on page 35. Resources and additional information are also on the Positive supports webpage.
DHS intends for the request form, Request for the Authorization of the Emergency Use of Procedures (DHS-6810D) (PDF), to be a summary that highlights important factors the provider would like the EPRC to consider. If you cannot summarize the information, you may refer to another document by providing the document’s title and page numbers where the information can be found.
Email the request form signed by all parties, an updated PSTP, any PSTP reviews, the person-centered plan or description, the most recent FBA and any other requested documentation to DHS. See instructions for how to request a secure email string in the Contact information section below. Service providers may also fax their forms to (651) 431-7612.
Most letters contain recommendations or suggestions on how to improve the care provided to the person served. The EPRC may also request a phone conference or in-person meeting. Failure to comply with the instructions and recommendations in the letter might result in the commissioner denying future extension requests.
Respond to any additional inquiries or requests made by the commissioner, EPRC members or DHS Positive Supports staff.
Service providers must:
Please note that the following list of resources is not comprehensive. Additional resources are available through other agencies or companies.
We hope you find this webpage and supporting information helpful. If you have questions, contact the EPRC coordinator by phone at (651) 431-4974 or secure fax (651) 431-7612. You may also send an email to email@example.com and request a secure email string. The process is as follows: