Minn. Stat. § 256B.051 — MN Code / Part 245_267 / Chapter 256B / Section 256B.051
§ 256B.051 HOUSING STABILIZATION SERVICES.
Status: in_force

§ Subdivision 1. Purpose. Housing stabilization services are established to provide housing stabilization services to an individual with a disability that limits the individual's ability to obtain or maintain stable housing. The services support an individual's transition to housing in the community and increase long-term stability in housing, to avoid future periods of being at risk of homelessness or institutionalization.

§ Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given. (b) "Agency" means the legal entity that is enrolled with Minnesota health care programs as a medical assistance provider according to Minnesota Rules, part 9505.0195 , to provide housing stabilization services and that has the legal responsibility to ensure that its employees carry out the responsibilities defined in this section. (c) "At-risk of homelessness" means (1) an individual that is faced with a set of circumstances likely to cause the individual to become homeless, or (2) an individual previously homeless, who will be discharged from a correctional, medical, mental health, or treatment center, who lacks sufficient resources to pay for housing and does not have a permanent place to live. (d) "Commissioner" means the commissioner of human services. (e) "Employee of an agency" or "employee" means any person who is employed by an agency temporarily, part time, or full time and who performs work for at least 80 hours in a year for that agency in Minnesota. Employee does not include an independent contractor. (f) "Homeless" means an individual or family lacking a fixed, adequate nighttime residence. (g) "Individual with a disability" means: (1) an individual who is aged, blind, or disabled as determined by the criteria used by the title 11 program of the Social Security Act, United States Code, title 42, section 416, paragraph (i), item (1); or (2) an individual who meets a category of eligibility under section 256D.05, subdivision 1 , paragraph (a), clause (1), (4), (5) to (8), or (13). (h) "Institution" means a setting as defined in section 256B.0621, subdivision 2 , clause (3), and the Minnesota Security Hospital as defined in section 253.20 .

§ Subd. 3. Eligibility. An individual with a disability is eligible for housing stabilization services if the individual: (1) is 18 years of age or older; (2) is enrolled in medical assistance; (3) has income at or below 150 percent of the federal poverty level; (4) has an assessment of functional need that determines a need for services due to limitations caused by the individual's disability; (5) resides in or plans to transition to a community-based setting as defined in Code of Federal Regulations, title 42, section 441.301 (c); and (6) has housing instability evidenced by: (i) being homeless or at-risk of homelessness; (ii) being in the process of transitioning from, or having transitioned in the past six months from, an institution or licensed or registered setting; (iii) being eligible for waiver services under chapter 256S or section 256B.092 or 256B.49 ; or (iv) having been identified by a long-term care consultation under section 256B.0911 as at risk of institutionalization.

§ Subd. 4. Assessment requirements. (a) An individual's assessment of functional need must be conducted by one of the following methods: (1) an assessor according to the criteria established in section 256B.0911, subdivisions 17 to 21, 23, 24, and 29 to 31, using a format established by the commissioner; (2) documented need for services as verified by a professional statement of need as defined in section 256I.03, subdivision 12 ; or (3) according to the continuum of care coordinated assessment system established in Code of Federal Regulations, title 24, section 578.3, using a format established by the commissioner. (b) An individual must be reassessed within one year of initial assessment, and annually thereafter.

§ Subd. 5. Housing stabilization services. (a) Housing stabilization services include housing transition services, housing and tenancy sustaining services, housing consultation services, and housing transition costs. (b) Housing transition services are defined as: (1) tenant screening and housing assessment; (2) assistance with the housing search and application process; (3) identifying resources to cover onetime moving expenses; (4) ensuring a new living arrangement is safe and ready for move-in; (5) assisting in arranging for and supporting details of a move; and (6) developing a housing support crisis plan. (c) Housing and tenancy sustaining services include: (1) prevention and early identification of behaviors that may jeopardize continued stable housing; (2) education and training on roles, rights, and responsibilities of the tenant and the property manager; (3) coaching to develop and maintain key relationships with property managers and neighbors; (4) advocacy and referral to community resources to prevent eviction when housing is at risk; (5) assistance with housing recertification process; (6) coordination with the tenant to regularly review, update, and modify the housing support and crisis plan; and (7) continuing training on being a good tenant, lease compliance, and household management. (d) Housing consultation services assist an individual with developing a person-centered plan when the individual is not eligible to receive person-centered planning through any other service. (e) Housing transition costs are available to persons transitioning from a provider-controlled setting to the person's own home and include: (1) security deposits; and (2) essential furnishings and supplies.

§ Subd. 6. Agency qualifications and duties. An agency is eligible for reimbursement under this section only if the agency: (1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk assessment under subdivision 6a; (2) is enrolled as a medical assistance Minnesota health care program provider and meets all applicable provider standards and requirements; (3) demonstrates compliance with federal and state laws and policies for housing stabilization services as determined by the commissioner; (4) complies with background study requirements under chapter 245C and maintains documentation of background study requests and results; (5) provides at the time of enrollment, reenrollment, and revalidation in a format determined by the commissioner, proof of surety bond coverage for each business location providing services. Upon new enrollment, or if the provider's medical assistance revenue in the previous calendar year is $300,000 or less, the provider agency must purchase a surety bond of $50,000. If the provider's medical assistance revenue in the previous year is over $300,000, the provider agency must purchase a surety bond of $100,000. The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a surety bond must occur within six years from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to appeal the debt has been exhausted or the time to appeal has expired under section 256B.064 ; (6) directly provides housing stabilization services using employees of the agency and not by using a subcontractor or reporting agent; (7) ensures all controlling individuals and employees of the agency complete annual vulnerable adult training; and (8) completes compliance training as required under subdivision 6b.

§ Subd. 6a. Pre-enrollment risk assessment. (a) Prior to enrolling a housing stabilization services agency, the commissioner must complete a pre-enrollment risk assessment of the agency seeking to enroll to confirm the agency's eligibility and the agency's ability to meet the requirements of this section. In completing this assessment, the commissioner must consider: (1) the potential agency's history of performing services similar to those required by this section; (2) whether the services require the potential agency to perform duties at a significantly increased scale and, if so, whether the potential agency has the capability and organizational capacity to do so; (3) the potential agency's financial information and internal controls; and (4) the potential agency's compliance with other state and federal requirements, including but not limited to debarment and suspension status, and standing with the secretary of state, if applicable. (b) At any time when completing the pre-enrollment risk assessment, if the commissioner determines that the potential agency does not have a history of performing similar duties, the potential agency does not demonstrate the capability and capacity to perform the duties at the scale and pace required, or the results of the financial information review raise concern, then the commissioner may deem the potential agency ineligible and deny or rescind enrollment. A potential agency may appeal a decision regarding its eligibility in writing within 30 business days. The commissioner must notify each potential agency of the commissioner's final decision regarding its eligibility. (c) This subdivision is effective July 1, 2025. Any housing stabilization services provider enrolled before July 1, 2025, that billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment on a schedule determined by the commissioner and no later than July 1, 2026, to remain eligible. Any provider enrolled before July 1, 2025, that has not billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment to remain eligible.

§ Subd. 6b. Requirements for provider enrollment. (a) Effective January 1, 2027, to enroll as a housing stabilization services provider agency, an agency must require all owners of the agency who are active in the day-to-day management and operations of the agency and managerial and supervisory employees to complete compliance training before applying for enrollment and every three years thereafter. Mandatory compliance training format and content must be determined by the commissioner and must include the following topics: (1) state and federal program billing, documentation, and service delivery requirements; (2) enrollment requirements; (3) provider program integrity, including fraud prevention, detection, and penalties; (4) fair labor standards; (5) workplace safety requirements; and (6) recent changes in service requirements. (b) New owners active in day-to-day management and operations of the agency and new managerial and supervisory employees must complete compliance training under this subdivision to be employed by or conduct management and operations activities for the agency. If an individual moves to another housing stabilization services provider agency and serves in a similar ownership or employment capacity, the individual is not required to repeat the training required under this subdivision if the individual documents completion of the training within the past three years. (c) Any housing stabilization services provider agency enrolled before January 1, 2027, must complete the compliance training by January 1, 2028, and every three years thereafter.

§ Subd. 7. Housing support supplemental service rates. Supplemental service rates for individuals in settings according to sections 144D.025 , 256I.04, subdivision 3 , paragraph (a), clause (3), and 256I.05, subdivision 1g , shall be reduced by one-half over a two-year period. This reduction only applies to supplemental service rates for individuals eligible for housing stabilization services under this section.

§ Subd. 8. Documentation requirements. (a) An agency must document delivery of all services. The agency must collect and maintain the required information either electronically or in paper form and must produce the documents containing the information upon request by the commissioner. (b) Documentation of a delivered service must be in English and must be legible according to the standard of a reasonable person. (c) If the service is reimbursed at an hourly or specified minute-based rate, each documentation of the provision of a service, unless otherwise specified, must include: (1) the full name of the service recipient; (2) the date the documentation occurred; (3) the day, month, and year the service was provided; (4) the start and stop times with a.m. and p.m. designations, except for housing consultation services; (5) the service name or description of the service provided for each date of service; (6) the name, signature, and title, if any, of the employee of the agency that provided the service. If the service is provided by multiple employees, the agency may designate an employee responsible for verifying services and completing the documentation required by this paragraph; (7) the signature of the service recipient and a statement that the recipient's signature is verification of the accuracy of the service documentation; and (8) a statement that it is a federal crime to provide false information on housing stabilization services billings for medical assistance payments.

§ Subd. 9. Service limits. (a) Housing stabilization services must not exceed the limits in clauses (1) to (4): (1) housing transition services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing and tenancy sustaining services; (2) housing and tenancy sustaining services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing transition services; (3) housing consultation services are available once annually per recipient and must be provided in person. Additional sessions of housing consultation services may be authorized by the commissioner if the recipient becomes homeless, the recipient experiences a significant change in condition that impacts the recipient's housing, or the recipient requests an update or change to the recipient's plan; and (4) housing transition costs are limited to $3,000 annually. (b) Remote support cannot be used for more than a total of 20 percent of all housing transition services and housing and tenancy sustaining services provided to a recipient in a calendar month and is limited to audio-only and accessible video-based platforms. A recipient may refuse, stop, or suspend the use of remote support at any time. [See Note.]

§ Subd. 10. Service limit exceptions. If a recipient requires services exceeding the limits described in subdivision 9, a provider may request authorization for additional hours in a format prescribed by the commissioner. Requests must specify the number of additional hours being requested to meet the recipient's needs and include sufficient documentation to justify the increase to billable hours. Exceptions to service limits are not allowed on the sole basis of changing providers and are limited to recipients who: (1) become or are at risk of becoming homeless or institutionalized due to a significant change in condition; (2) have a history of long-term homelessness; (3) have a history of domestic violence; or (4) have a criminal background that is a barrier to obtaining housing. [See Note.]