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S.F. No. 359 - Home and Community-Based Services Setting and Licensing Requirements, Planning, and Case Management Requirements under Waiver Modifications and Individualized Home Supports Addition; Child Foster Care Background Studies Modifications
Author: Senator Paul J. Utke
Prepared By: Joan White, Senate Counsel (651/296-3814)
Liam Monahan, Senate Analyst (651/296-1791)
Date: February 10, 2017


Sections 1 to 8 amend the Department of Human Services background study chapter of law by adding language to differentiate between family foster care and corporate foster care, as the two go through different processes.

Section 9 provides a definition of “natural supports.”

Section 10 modifies the definition “volunteer" by specifying that a natural support is not a volunteer.

Section 11 adds individualized home supports to the list of intensive support services and thus subjects the provision of individualized home supports to licensure and regulation under Minnesota Statutes, chapter 245D.

Section 12 specifies additional service recipient protection-related rights, including the right to lock one’s bedroom or living unit door, having access to one’s property, the freedom to come and go from one’s residence, choosing one’s visitors, access food and water, the freedom to decorate, and a clean and safe living environment.

Section 13 requires a service provider to determine how the service provider will support the service recipient in controlling the recipient’s own schedule.  Section 13 also requires a service provider to have a discussion with the service recipient concerning the use of technology to meet the recipient’s desired outcomes.

Section 14 modifies the orientation training standards for direct-care staff.

Section 15 provides for an alternative method of direct-care staff training.

Section 16 requires a signed annual residency agreement between the license holder and a person receiving foster care or supported living services.  The residency agreement must include statutory service termination requirements.

Section 17 modifies language concerning bedrooms in community residential settings by requiring that each person have a choice of roommate and be allowed to lock his or her bedroom door.

Sections 18 to 20 requires that people be provided with available options to meet identified needs in a nondisability-specific setting.

Section 21 specifies that new services added to the disability waiver rate system after January 1, 2014, are not subject to the banding period.

Section 22 adds individualized home supports to the disability waiver rate setting system.

Section 23 establishes a base wage index for staff providing individualized home supports.

Section 24 specifies that individualized home supports falls within the unit-based services with programming service bucket and specifies that the rate for individualized home supports is calculated in a manner similar to the calculation of the rate for independent living skills.

Section 25 specifies that individualized home supports are not subject to the budget-neutrality adjustment that applies to other unit-based services with programming.


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