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S.F. No. 706 - Modifying Licensing Requirements for Adult Foster Care Providers (First Engrossment)
Author: Senator Julie A. Rosen
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: April 10, 2015


Sections 1 to 3 amend the department of human services licensing act.

Sections 1 and 2 [245A.155, subdivision 1; 245A.155, subdivision 2] amend the statute that applies to foster care providers that care for individuals who are on medical monitoring equipment, to add clarifying language that the medical condition is a condition that could become life-threatening without proper use of the equipment.

Section 3 [245A.65, subdivision 2] amends the foster care provider’s abuse prevention plan to allow the governing body or “governing body’s delegated representative” to review the plan annually and revise the plan if necessary, to reflect review results.

Sections 4 to 18 amend Minnesota Statutes, chapter 245D, which imposes standards on home and community based services providers.

Section 4 [245D.02, subdivision 37] defines the term “working day.”

Section 5 [245D.05, subdivision 1] requires the license holder to notify the person’s legal representative of changes in the person’s physical or mental needs that affect the services in the coordinated service plan when the changes are discovered by the license holder, unless directed otherwise in the person’s coordinated service plan.

Section 6 [245D.05, subdivision 2] strikes the requirement that the license holder obtain reauthorization annually for medication administration. The existing requirement that the license holder obtain written authorization to administer medication and treatment is not modified, and the authorization remains in effect unless withdrawn in writing.

Section 7 [245D.06, subdivision 1] amends the license holder incident response and reporting requirements to clarify that, in addition to death, the license holder must also report serious injury to DHS and the Ombudsman for Mental Health and Developmental Disabilities.

Sections 8 and 14 [245D.06, subdivision 2, 245D.22, subdivision 4] amend provisions related to first aid training.  This section removes the requirement that CPR instruction be done “in person.”

Section 9 [245D.06, subdivision 7] modifies requirements related to restraint of a person. This section strikes the language that limited restraints to certain circumstances.

Section 10 [245D.07, subdivision 2] specifies that service planning requirements are required within a certain number of “calendar” days. 

Section 11 [245D.071, subdivision 5] amends the provision that requires the license holder to summarize the person’s status and progress. It removes the requirement that the report be written, and that the report, prior to the progress review meeting, be sent to the person or the person’s legal representative and case manager. New language requires that the report be sent at least five days prior to the progress meeting if requested by the team in the service plan, and requires the license holder, under paragraph (c), to send the plan addendum to the person, the person's legal representative, and the case manager, by mail within ten working days of the review meeting. New paragraph (d) states that if within ten working days the revised coordinated service plan is not signed by the person, the person’s legal representative, or case manager, the plan is deemed approved, and becomes effective until the legal representative or case manager submits a written request to review the plan.

Section 12 [245D.09, subdivision 3] amends staff qualifications and competency to provide services as required under this chapter, to allow the competency determination "to be conducted by an individual who has been previously deemed competent by the trainer or instructor in the area being assessed."  Current law requires a trainer or instructor to conduct the competency determination.

Section 13 [245D.09, subdivision 5] provides that if a staff person is currently certified in first aid, that person is not required to participate in annual training.

Section 14 [245D.31, subdivision 3] strikes the requirement that the documentation reflecting the appropriate staff ratio for each person receiving services be recorded on a standard assessment form required by the commissioner.

Sections 15 and 16 modify staff ratio requirements.

Section 16 [245D.31, subdivision 4] amends the requirements for a person to be assigned a one-to-four staff ratio.  Language is stricken regarding a person who is not capable of taking appropriate action for self-preservation under emergency conditions.

Section 17 [245D.31, subdivision 5] amends the requirements for a person to be assigned a one-to-eight staff ratio.  Changes in this section require three activities of daily living instead of four, and also strike the same language as in section 17, related to taking appropriate action for self-preservation under emergency conditions.

Section 18 [256B.4914, subdivision 6] strikes language that required the commissioner establish a monitoring technology review panel to annually review and approve plans that include care provided remotely, and strikes the requirement that lead agencies submit services plans to the panel. 

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