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S.F. No. 174 - Adult Foster Care and Community Residential Setting License Capacity Modification
 
Author: Senator Paul J. Utke
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
 
Date: March 13, 2019



 

Section 1 (245A.11, subdivision 2a) allows the commissioner until June 30, 2022, to issue licenses for a fifth bed to corporate foster care settings licensed prior to July 1, 2016. 

Section 2 (245D.03, subdivision 1) clarifies which services are governed by Minnesota Statutes, chapter 245D, by naming the medical assistance waivers under which the governed services are provided; and changes "behavioral support services" to "positive support services."

Section 3 (245D.071, subdivision 5) amends the home and community-based services standards related to service planning for intensive support services.

Paragraph (a) is editorial.

Paragraph (b) requires a licensed provider of intensive home and community-based services, when conducting a service plan review, to include and document a discussion of how a person receiving intensive services might use technology to help the person meet the person’s goals. 

Section 4 permits the commissioner to add annual continuing training to the existing online training and competency-based assessments currently used for initial orientation of direct support staff providing home and community-based services.

Sections 5 to 8 change  "behavioral support services" to "positive support services," amend the home and community-based services standards related to the qualifications for individuals providing positive support services, and make other conforming and clarifying changes.

Section 5 (245D.091, subdivision 2, clause (12), item (vi)) allows an individual with master’s degree or higher and a demonstrated expertise in positive supports to qualify as a positive supports professional.

Section 6 (245D.091, subdivision 3)

Paragraph (a), clause (3), permits a board-certified behavior analyst or assistant behavior analyst to qualify as a positive support analyst.

Paragraph (b), clause (1), modifies additional qualifications for a positive support analyst be requiring four years of supervised experience that includes specific tasks.

Paragraph (b), clause (2), allows a person who meets the other positive support analyst qualifications to qualify as a positive support analyst if the person receives the required training within 90 days following hire and adds additional training requirements.  Under current law, such a person does not qualify as a behavior analyst until after the training is completed.

Paragraph (c) allows a person who qualifies as a positive support professional to qualify as a positive support analyst without meeting the training requirements of paragraph (b).

Section 7 (245D.091, subdivision 4)

Paragraph (b) allows a person who meets the other positive support specialist qualifications to qualify as a behavior specialist if the person receives the required training within 90 days following hire and adds additoinal training requirements.  Under current law, such a person does not qualify as a behavior specialist until after the training is completed. 

Paragraph (c) allows a person who qualifies as a positive support professional to qualify as a positive support specialist without meeting the training requirements of paragraph (b).

Section 8 (256B.4914, subdivision 3) makes conforming and editorial changes.

 

 
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