Under current law, there is a restriction on the types of community living settings people on disability waivers may live in. If a multifamily building has more than four units, no more than the greater of four, or 25 percent, of the units may be occupied by people on any of the disability waivers (Developmental Disability, Community Alternative Care, Community Alternatives for Disabled Individuals, and Brain Injury).
Section 1 (256B.492, subdivision 1) clarifies that the greater of four, or 25 percent, of units applies to people on one of the disability waivers (and not just individuals with disabilities generally).
Subdivision 2 creates a new subdivision allowing, beginning January 2015, community living setting owners, operators, and developers to apply to the Department of Human Services (DHS) for an exception to these limits; describing the application process, and the process DHS must follow in granting or denying an exception; requiring successful applicants to report to DHS if information provided in the application changes and allows DHS to suspend or revoke the exception; preventing tenants from being displaced if the exception is revoked until a relocation plan is implemented; and clarifying that organizations described under subdivision 1 do not have to apply for the exception
Section 2 requires DHS to consult with the following stakeholders in developing an implementation plan for the exceptions process: each relevant DHS division, The Coalition for Choice in Housing, NAMI, The Arc Minnesota, Mental Health Association of Minnesota, Minnesota Disability Law Center, Minnesota State Council on Disability, and other providers, counties, disability advocates, individual with disabilities, or family member of individuals with disabilities.
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