reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.53 — Substitute Caregivers And Replacements In Family Child Care.

245A.53 SUBSTITUTE CAREGIVERS AND REPLACEMENTS IN FAMILY CHILD CARE.
Subdivision 1.
Total hours allowed.
Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, the use of a substitute caregiver in a licensed family child care program must be limited to a cumulative total of not more than 500 hours annually. The license holder must document the name, dates, and number of hours of the substitute who provided care.
Subd. 2.
Emergency replacement supervision.
(a) A license holder may allow an adult who has not completed the training requirements under this chapter or the background study requirements under chapter 245C to supervise children in a family child care program in an emergency. For purposes of this subdivision, an emergency is a situation in which:
(1) the license holder has begun operating the family child care program for the day and for reasons beyond the license holder's control, including, but not limited to a serious illness or injury, accident, or situation requiring the license holder's immediate attention, the license holder needs to leave the licensed space and close the program for the day; and
(2) the parents or guardians of the children attending the program are contacted to pick up their children as soon as is practicable.
(b) The license holder must make reasonable efforts to minimize the time the emergency replacement has unsupervised contact with the children in care, not to exceed 24 hours per emergency incident.
(c) The license holder shall not knowingly use a person as an emergency replacement who has committed an action or has been convicted of a crime that would cause the person to be disqualified from providing care to children, if a background study was conducted under chapter 245C.
(d) To the extent practicable, the license holder must attempt to arrange for emergency care by a substitute caregiver before using an emergency replacement.
(e) To the extent practicable, the license holder must notify the county licensing agency within seven days that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement. The county licensing agency must notify the commissioner within three business days after receiving the license holder's notice that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement.
(f) Notwithstanding the requirements in Minnesota Rules, part 9502.0405, a license holder is not required to provide the names of persons who may be used as replacements in emergencies to parents or the county licensing agency.
History:
1Sp2019 c 9 art 2 s 58
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.70 — Remote Adult Day Services.

245A.70 REMOTE ADULT DAY SERVICES.
(a) For the purposes of sections 245A.70 to 245A.75, the following terms have the meanings given.
(b) "Adult day care" and "adult day services" have the meanings given in section 245A.02, subdivision 2a.
(c) "Remote adult day services" means an individualized and coordinated set of services provided via live two-way communication by an adult day care or adult day services center.
(d) "Live two-way communication" means real-time audio or audio and video transmission of information between a participant and an actively involved staff member.
History:
2022 c 98 art 7 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.71 — Applicability And Scope.

245A.71 APPLICABILITY AND SCOPE.
Subdivision 1.
Licensing requirements.
Adult day care centers or adult day services centers that provide remote adult day services must be licensed under this chapter and comply with the requirements set forth in this section.
Subd. 2.
Standards for licensure.
License holders seeking to provide remote adult day services must submit a request in the manner prescribed by the commissioner. Remote adult day services must not be delivered until approved by the commissioner. The designation to provide remote services is voluntary for license holders. Upon approval, the designation of approval for remote adult day services must be printed on the center's license and identified on the commissioner's public website.
Subd. 3.
Federal requirements.
Adult day care centers or adult day services centers that provide remote adult day services to participants receiving alternative care under section 256B.0913, essential community supports under section 256B.0922, or home and community-based services waivers under chapter 256S or section 256B.092 or 256B.49 must comply with federally approved waiver plans.
Subd. 4.
Service limitations.
Remote adult day services must be provided during the days and hours of in-person services specified on the license of the adult day care center or adult day services center.
History:
2022 c 98 art 7 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.72 — Record Requirements.

245A.72 RECORD REQUIREMENTS.
Adult day care centers and adult day services centers providing remote adult day services must comply with participant record requirements set forth in Minnesota Rules, part 9555.9660. The center must document how remote services will help a participant reach the short- and long-term objectives in the participant's plan of care.
History:
2022 c 98 art 7 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.73 — Remote Adult Day Services Staff.

245A.73 REMOTE ADULT DAY SERVICES STAFF.
Subdivision 1.
Staff ratios.
(a) A staff person who provides remote adult day services without two-way interactive video must only provide services to one participant at a time.
(b) A staff person who provides remote adult day services through two-way interactive video must not provide services to more than eight participants at one time.
Subd. 2.
Staff training.
A center licensed under section 245A.71 must document training provided to each staff person regarding the provision of remote services in the staff person's record. The training must be provided prior to a staff person delivering remote adult day services without supervision. The training must include:
(1) how to use the equipment, technology, and devices required to provide remote adult day services via live two-way communication;
(2) orientation and training on each participant's plan of care as directly related to remote adult day services; and
(3) direct observation by a manager or supervisor of the staff person while providing supervised remote service delivery sufficient to assess staff competency.
History:
2022 c 98 art 7 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.74 — Individual Service Planning.

245A.74 INDIVIDUAL SERVICE PLANNING.
Subdivision 1.
Eligibility.
(a) A person must be eligible for and receiving in-person adult day services to receive remote adult day services from the same provider. The same provider must deliver both in-person adult day services and remote adult day services to a participant.
(b) The license holder must update the participant's plan of care according to Minnesota Rules, part 9555.9700.
(c) For a participant who chooses to receive remote adult day services, the license holder must document in the participant's plan of care the participant's proposed schedule and frequency for receiving both in-person and remote services. The license holder must also document in the participant's plan of care that remote services:
(1) are chosen as a service delivery method by the participant or the participant's legal representative;
(2) will meet the participant's assessed needs;
(3) are provided within the scope of adult day services; and
(4) will help the participant achieve identified short- and long-term objectives specific to the provision of remote adult day services.
Subd. 2.
Participant daily service limitations.
In a 24-hour period, a participant may receive:
(1) a combination of in-person adult day services and remote adult day services on the same day but not at the same time;
(2) a combination of in-person and remote adult day services that does not exceed 12 hours in total; and
(3) up to six hours of remote adult day services.
Subd. 3.
Minimum in-person requirement.
A participant who receives remote services must receive services in-person as assigned in the participant's plan of care at least quarterly.
History:
2022 c 98 art 7 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.75 — Service And Program Requirements.

245A.75 SERVICE AND PROGRAM REQUIREMENTS.
Remote adult day services must be in the scope of adult day services provided in Minnesota Rules, part 9555.9710, subparts 3 to 7.
History:
2022 c 98 art 7 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.033 — Guardians And Conservators; Maltreatment And State Licensing Agency Checks.

245C.033 GUARDIANS AND CONSERVATORS; MALTREATMENT AND STATE LICENSING AGENCY CHECKS.
Subdivision 1.
Maltreatment data.
Requests for maltreatment data submitted pursuant to section 524.5-118 must include information regarding whether the guardian or conservator has been a perpetrator of substantiated maltreatment of a vulnerable adult under section 626.557 or a minor under chapter 260E. If the guardian or conservator has been the perpetrator of substantiated maltreatment of a vulnerable adult or a minor, the commissioner must include a copy of any available public portion of the investigation memorandum under section 626.557, subdivision 12b, or any available public portion of the investigation memorandum under section 260E.30.
Subd. 2.
State licensing agency data.
(a) Requests for state licensing agency data submitted pursuant to section 524.5-118 must include information from a check of state licensing agency records.
(b) The commissioner shall provide the court with licensing agency data for licenses directly related to the responsibilities of a guardian or conservator if the guardian or conservator has a current or prior affiliation with the:
(1) Lawyers Responsibility Board;
(2) State Board of Accountancy;
(3) Board of Social Work;
(4) Board of Psychology;
(5) Board of Nursing;
(6) Board of Medical Practice;
(7) Department of Education;
(8) Department of Commerce;
(9) Board of Chiropractic Examiners;
(10) Board of Dentistry;
(11) Board of Marriage and Family Therapy;
(12) Department of Human Services;
(13) Peace Officer Standards and Training (POST) Board; or
(14) Professional Educator Licensing and Standards Board.
(c) The commissioner shall provide to the court the electronically available data maintained in the agency's database, including whether the guardian or conservator is or has been licensed by the agency and whether a disciplinary action or a sanction against the individual's license, including a condition, suspension, revocation, or cancellation, is in the licensing agency's database.
Subd. 3.
Procedure; maltreatment and state licensing agency data.
Requests for maltreatment and state licensing agency data checks must be submitted by the guardian or conservator to the commissioner on the form or in the manner prescribed by the commissioner. Upon receipt of a signed informed consent and payment under section 245C.10, the commissioner shall complete the maltreatment and state licensing agency checks. Upon completion of the checks, the commissioner shall provide the requested information to the courts on the form or in the manner prescribed by the commissioner.
Subd. 4.
Classification of maltreatment and state licensing agency data; access to information.
All data obtained by the commissioner for maltreatment and state licensing agency checks completed under this section is classified as private data on individuals, as defined in section 13.02, subdivision 12.
History:
2023 c 70 art 7 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.051 — Destruction Of Background Study Subject Information.

245C.051 DESTRUCTION OF BACKGROUND STUDY SUBJECT INFORMATION.
(a) A background study subject may request in writing to the commissioner that information used to complete the individual's study in NETStudy 2.0 be destroyed if the individual:
(1) has not been affiliated with any entity for the previous two years; and
(2) has no current disqualifying characteristic.
(b) After receiving the request and verifying the information in paragraph (a), the commissioner shall destroy the information used to complete the subject's background study and shall keep a record of the subject's name and a notation of the date that the information was destroyed.
(c) When a previously studied individual has not been on the master roster for two years, the commissioner shall destroy the photographic image of the individual obtained under section 245C.05, subdivision 5, paragraph (b).
(d) Any data collected on an individual under this chapter that is maintained by the commissioner that has not been destroyed according to paragraph (b) or (c) shall be destroyed when two years have elapsed from the individual's actual death that is reported to the commissioner or when 90 years have elapsed since the individual's birth except when readily available data indicate that the individual is still living.
History:
2014 c 250 s 14; 2018 c 166 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.09 — Failure Or Refusal To Cooperate With Background Study.

245C.09 FAILURE OR REFUSAL TO COOPERATE WITH BACKGROUND STUDY.
Subdivision 1.
Disqualification; licensing action.
An applicant's, license holder's, or other entity's failure or refusal to cooperate with the commissioner, including failure to provide additional information required under section 245C.05, is reasonable cause to disqualify a subject, deny a license application, or immediately suspend or revoke a license or registration.
Subd. 2.
Employment action.
An individual's failure or refusal to cooperate with the background study is just cause for denying or terminating employment of the individual if the individual's failure or refusal to cooperate could cause the applicant's application to be denied or the license holder's license to be immediately suspended or revoked.
Subd. 3.
False statement in connection with a background study.
A child care background study subject shall be disqualified for knowingly making a materially false statement in connection with a background study.
History:
2003 c 15 art 1 s 9; 2004 c 288 art 1 s 48; 2007 c 112 s 30; 1Sp2017 c 6 art 16 s 30; 2018 c 166 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.11 — Background Study; County Agencies.

245C.11 BACKGROUND STUDY; COUNTY AGENCIES.
Subdivision 1.
[Repealed, 2009 c 79 art 1 s 21]
Subd. 2.
[Repealed, 2009 c 79 art 1 s 21]
Subd. 3.
Criminal history data.
County agencies shall have access to the criminal history data in the same manner as county licensing agencies under this chapter for purposes of background studies completed before the implementation of NETStudy 2.0 by county agencies on legal nonlicensed child care providers to determine eligibility for child care funds under chapter 119B.
Subd. 4.
Background study.
A county agency may accept a background study completed by the commissioner under this chapter in place of the background study required under section 245A.16, subdivision 3, for educational programs that train individuals by providing direct contact services in licensed programs.
History:
2003 c 15 art 1 s 11; 2007 c 112 s 31; 2007 c 147 art 3 s 15,16; 1Sp2017 c 6 art 16 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.12 — Background Study; Tribal Organizations.

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
Subdivision 1.
Access to data.
For the purposes of background studies completed by tribal organizations performing licensing activities otherwise required of the commissioner under this chapter, after obtaining consent from the background study subject, tribal licensing agencies shall have access to criminal history data in the same manner as county licensing agencies and private licensing agencies under this chapter.
Subd. 2.
Adoptions; child foster care.
Tribal organizations may contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to adoptions according to section 245C.34. Tribal organizations may also contract with the commissioner to obtain background study data on individuals under tribal jurisdiction related to child foster care according to section 245C.34.
Subd. 3.
Nursing facility.
For the purposes of background studies completed to comply with a tribal organization's licensing requirements for individuals affiliated with a tribally licensed nursing facility, the commissioner shall obtain criminal history data from the National Criminal Records Repository in accordance with section 245C.32.
Subd. 4.
Child care.
(a) Tribal organizations may contract with the commissioner to:
(1) conduct background studies on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization; and
(2) obtain background study data on individuals affiliated with a child care program sponsored, managed, or licensed by a tribal organization.
(b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a).
(c) A tribally affiliated child care program that does not contract with the commissioner to conduct background studies is exempt from the relevant requirements in this chapter. For a background study conducted under this subdivision to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter.
History:
2003 c 15 art 1 s 12; 2007 c 147 art 3 s 17; 2015 c 71 art 7 s 9; 1Sp2019 c 11 art 8 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.125 — Background Study; Head Start Programs.

245C.125 BACKGROUND STUDY; HEAD START PROGRAMS.
(a) Head Start programs that receive funds under section 119A.52 may contract with the commissioner to:
(1) conduct background studies on individuals affiliated with a Head Start program; and
(2) obtain background study data on individuals affiliated with a Head Start program.
(b) The commissioner must include a national criminal history record check in a background study conducted under paragraph (a).
(c) A Head Start program site that does not contract with the commissioner, is not licensed, and is not registered to receive payments under chapter 119B is exempt from the relevant requirements in this chapter. Nothing in this section supersedes requirements for background studies in this chapter or chapter 119B or 245H that relate to licensed child care programs or programs registered to receive payments under chapter 119B. For a background study conducted under this section to be transferable to other child care entities, the study must include all components of studies for a certified license-exempt child care center under this chapter.
History:
1Sp2019 c 11 art 8 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.18 — Obligation To Remove Disqualified Individual From Direct Contact And From Working In A Program, Facility, Setting, Or Center.

245C.18 OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM DIRECT CONTACT AND FROM WORKING IN A PROGRAM, FACILITY, SETTING, OR CENTER.
(a) Upon receipt of notice from the commissioner, the license holder must remove a disqualified individual from direct contact with persons served by the licensed program if:
(1) the individual does not request reconsideration under section 245C.21 within the prescribed time;
(2) the individual submits a timely request for reconsideration, the commissioner does not set aside the disqualification under section 245C.22, subdivision 4, and the individual does not submit a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14; or
(3) the individual submits a timely request for a hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14, and the commissioner does not set aside or rescind the disqualification under section 245A.08, subdivision 5, or 256.045.
(b) For children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program, facility, or setting and from access to persons served by the licensed program.
(c) For Title IV-E eligible children's residential facility and foster residence setting license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must also remove the disqualified individual from working in the program and from access to persons served by the program and must not allow the individual to work in the facility or setting until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set aside under section 245C.23; or
(3) a variance has been granted related to the individual under section 245C.30.
(d) For licensed child care center and certified license-exempt child care center license holders, upon receipt of notice from the commissioner under paragraph (a), the license holder must remove the disqualified individual from working in any position regardless of whether the individual would have direct contact with or access to children served in the center and from having access to persons served by the center and must not allow the individual to work in the center until the commissioner has issued a notice stating that:
(1) the individual is not disqualified;
(2) a disqualification has been set aside under section 245C.23; or
(3) a variance has been granted related to the individual under section 245C.30.
History:
2003 c 15 art 1 s 18; 2004 c 288 art 1 s 57; 1Sp2020 c 2 art 5 s 22; 1Sp2021 c 7 art 2 s 60
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.19 — Termination Of Affiliation Based On Disqualification Notice.

245C.19 TERMINATION OF AFFILIATION BASED ON DISQUALIFICATION NOTICE.
An applicant or license holder that terminates affiliation with persons studied under section 245C.03, when the termination is made in good faith reliance on a notice of disqualification provided by the commissioner, shall not be subject to civil liability.
History:
2003 c 15 art 1 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.25 — Consolidated Reconsideration Of Maltreatment Determination And Disqualification.

245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT DETERMINATION AND DISQUALIFICATION.
If an individual is disqualified on the basis of a determination of maltreatment under section 626.557 or chapter 260E, which was serious or recurring, and the individual requests reconsideration of the maltreatment determination under section 260E.33 or 626.557, subdivision 9d, and also requests reconsideration of the disqualification under section 245C.21, the commissioner shall consolidate the reconsideration of the maltreatment determination and the disqualification into a single reconsideration.
History:
2003 c 15 art 1 s 25; 2004 c 288 art 1 s 67; 2009 c 142 art 2 s 34; 1Sp2017 c 6 art 16 s 41; 1Sp2020 c 2 art 8 s 56
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.26 — Reconsideration Of A Disqualification For An Individual Living In A Licensed Home.

245C.26 RECONSIDERATION OF A DISQUALIFICATION FOR AN INDIVIDUAL LIVING IN A LICENSED HOME.
In the case of any ground for disqualification under this chapter, if the act was committed by an individual other than the applicant or license holder residing in the applicant's or license holder's home, the applicant or license holder may seek reconsideration when the individual who committed the act no longer resides in the home.
History:
2003 c 15 art 1 s 26; 2004 c 288 art 1 s 68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.29 — Conclusive Determinations Or Dispositions.

245C.29 CONCLUSIVE DETERMINATIONS OR DISPOSITIONS.
Subdivision 1.
Conclusive maltreatment determination or disposition.
Unless otherwise specified in statute, a maltreatment determination or disposition under section 626.557 or chapter 260E is conclusive, if:
(1) the commissioner has issued a final order in an appeal of that determination or disposition under section 245A.08, subdivision 5, or 256.045;
(2) the individual did not request reconsideration of the maltreatment determination or disposition under section 626.557 or chapter 260E; or
(3) the individual did not request a hearing of the maltreatment determination or disposition under section 256.045.
Subd. 2.
Conclusive disqualification determination.
(a) A disqualification is conclusive for purposes of current and future background studies if:
(1) the commissioner has issued a final order in an appeal of the disqualification under section 245A.08, subdivision 5, 245C.28, subdivision 3, or 256.045, or a court has issued a final decision;
(2) the individual did not request reconsideration of the disqualification under section 245C.21 on the basis that the information relied upon to disqualify the individual was incorrect; or
(3) the individual did not timely request a hearing on the disqualification under this chapter, chapter 14, or section 256.045 after previously being given the right to do so.
(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based on the disqualification of an individual in connection with a license to provide family child care, foster care for children in the provider's own home, or foster care services for adults in the provider's own home, that disqualification shall be conclusive for purposes of the licensing action if a request for reconsideration was not submitted within 30 calendar days of the individual's receipt of the notice of disqualification.
(c) If a disqualification is conclusive under this section, the individual has a right to request reconsideration on the risk of harm under section 245C.21 unless the commissioner is barred from setting aside the disqualification under section 245C.24. The commissioner's decision regarding the risk of harm shall be the final agency decision and is not subject to a hearing under this chapter, chapter 14, or section 256.045.
History:
2003 c 15 art 1 s 29; 2004 c 288 art 1 s 74; 2014 c 228 art 5 s 10; 1Sp2020 c 2 art 8 s 60
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245C — Human Services Background Studies › Section 245C.34 — Adoption And Child Foster Care Background Studies; Tribal Organizations.

245C.34 ADOPTION AND CHILD FOSTER CARE BACKGROUND STUDIES; TRIBAL ORGANIZATIONS.
Subdivision 1.
Background studies may be conducted by commissioner.
(a) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to adoptions.
(b) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to child foster care.
(c) Background studies initiated by tribal organizations under paragraphs (a) and (b) must be conducted as provided in subdivisions 2 and 3.
Subd. 2.
Information and data provided to tribal organization.
The background study subject must provide the information specified in section 245C.05.
Subd. 3.
Information and data provided to commissioner.
The tribal organization shall forward the data collected under subdivision 2 to the commissioner.
Subd. 4.
Information commissioner reviews.
(a) The commissioner shall review the following information regarding the background study subject:
(1) the information under section 245C.08, subdivisions 1, 3, and 4;
(2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and
(3) information from national crime information databases, when required under section 245C.08.
(b) The commissioner shall provide any information collected under this subdivision to the tribal organization that initiated the background study. The commissioner shall indicate if the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, section 671(a)(20)(A).
History:
2007 c 147 art 3 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.051 — Psychotropic Medication Use And Monitoring.

245D.051 PSYCHOTROPIC MEDICATION USE AND MONITORING.
Subdivision 1.
Conditions for psychotropic medication administration.
(a) When a person is prescribed a psychotropic medication and the license holder is assigned responsibility for administration of the medication in the person's support plan or the support plan addendum, the license holder must ensure that the requirements in section 245D.05, subdivision 2, are met.
(b) The license holder must develop, implement, and maintain the following documentation in the person's support plan addendum according to the requirements in sections 245D.07 and 245D.071:
(1) a description of the target symptoms that the psychotropic medication is to alleviate; and
(2) documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication if required by the prescriber. The license holder must collect and report on medication and symptom-related data as instructed by the prescriber. The license holder must provide the monitoring data to the expanded support team for review every three months, or as otherwise requested by the person or the person's legal representative.
For the purposes of this section, "target symptom" refers to any perceptible diagnostic criteria for a person's diagnosed mental disorder, as defined by the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition Text Revision (DSM-IV-TR) or successive editions, that has been identified for alleviation.
Subd. 2.
Refusal to authorize psychotropic medication.
If the person or the person's legal representative refuses to authorize the administration of a psychotropic medication as ordered by the prescriber, the license holder must not administer the medication. The refusal to authorize medication administration must be reported to the prescriber as expediently as possible. After reporting the refusal to the prescriber, the license holder must follow any directives or orders given by the prescriber. A refusal may not be overridden without a court order. Refusal to authorize administration of a specific psychotropic medication is not grounds for service termination and does not constitute an emergency. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3.
History:
2013 c 108 art 8 s 26; 2014 c 275 art 1 s 50,140; 2014 c 312 art 27 s 30; 2022 c 98 art 17 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.12 — Integrated Community Supports; Setting Capacity Report.

245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY REPORT.
(a) The license holder providing integrated community support, as defined in section 245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to the commissioner to ensure the identified location of service delivery meets the criteria of the home and community-based service requirements as specified in section 256B.492.
(b) The license holder shall provide the setting capacity report on the forms and in the manner prescribed by the commissioner. The report must include:
(1) the address of the multifamily housing building where the license holder delivers integrated community supports and owns, leases, or has a direct or indirect financial relationship with the property owner;
(2) the total number of living units in the multifamily housing building described in clause (1) where integrated community supports are delivered;
(3) the total number of living units in the multifamily housing building described in clause (1), including the living units identified in clause (2);
(4) the total number of people who could reside in the living units in the multifamily housing building described in clause (2) and receive integrated community supports; and
(5) the percentage of living units that are controlled by the license holder in the multifamily housing building by dividing clause (2) by clause (3).
(c) Only one license holder may deliver integrated community supports at the address of the multifamily housing building.
History:
1Sp2019 c 9 art 5 s 19; 2022 c 98 art 4 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.21 — Facility Licensure Requirements And Application Process.

245D.21 FACILITY LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
Subdivision 1.
Community residential settings and day service facilities.
For purposes of this section, "facility" means both a community residential setting and day service facility and the physical plant.
Subd. 2.
Inspections and code compliance.
(a) Physical plants must comply with applicable state and local fire, health, building, and zoning codes.
(b)(1) The facility must be inspected by a fire marshal or their delegate within 12 months before initial licensure to verify that it meets the applicable occupancy requirements as defined in the State Fire Code and that the facility complies with the fire safety standards for that occupancy code contained in the State Fire Code.
(2) The fire marshal inspection of a community residential setting must verify the residence is a dwelling unit within a residential occupancy as defined in section 9.117 of the State Fire Code. A home safety checklist, approved by the commissioner, must be completed for a community residential setting by the license holder and the commissioner before the satellite license is reissued.
(3) The facility shall be inspected according to the facility capacity specified on the initial application form.
(4) If the commissioner has reasonable cause to believe that a potentially hazardous condition may be present or the licensed capacity is increased, the commissioner shall request a subsequent inspection and written report by a fire marshal to verify the absence of hazard.
(5) Any condition cited by a fire marshal, building official, or health authority as hazardous or creating an immediate danger of fire or threat to health and safety must be corrected before a license is issued by the department, and for community residential settings, before a license is reissued.
(c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections.
(d) The facility's plumbing, ventilation, heating, cooling, lighting, and other fixtures and equipment, including elevators or food service, if provided, must conform to applicable health, sanitation, and safety codes and regulations.
History:
2013 c 108 art 8 s 37
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.23 — Community Residential Settings; Satellite Licensure Requirements And Application Process.

245D.23 COMMUNITY RESIDENTIAL SETTINGS; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
Subdivision 1.
Separate satellite license required for separate sites.
(a) A license holder providing residential support services must obtain a separate satellite license for each community residential setting located at separate addresses when the community residential settings are to be operated by the same license holder. For purposes of this chapter, a community residential setting is a satellite of the home and community-based services license.
(b) Community residential settings are permitted single-family use homes. After a license has been issued, the commissioner shall notify the local municipality where the residence is located of the approved license.
Subd. 2.
Notification to local agency.
The license holder must notify the local agency within 24 hours of the onset of changes in a residence resulting from construction, remodeling, or damages requiring repairs that require a building permit or may affect a licensing requirement in this chapter.
Subd. 3.
Alternate overnight supervision.
A license holder granted an alternate overnight supervision technology adult foster care license according to section 245A.11, subdivision 7a, that converts to a community residential setting satellite license according to this chapter, must retain that designation.
History:
2013 c 108 art 8 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.25 — Community Residential Settings; Food And Water.

245D.25 COMMUNITY RESIDENTIAL SETTINGS; FOOD AND WATER.
Subdivision 1.
Water.
Potable water from privately owned wells must be tested annually by a Department of Health-certified laboratory for coliform bacteria and nitrate nitrogens to verify safety. The health authority may require retesting and corrective measures if results exceed state water standards in Minnesota Rules, chapter 4720, or in the event of flooding or an incident which may put the well at risk of contamination. To prevent scalding, the water temperature of faucets must not exceed 120 degrees Fahrenheit.
Subd. 2.
Food.
Food served must meet any special dietary needs of a person as prescribed by the person's physician, advanced practice registered nurse, physician assistant, or dietitian. Three nutritionally balanced meals a day must be served or made available to persons, and nutritious snacks must be available between meals.
Subd. 3.
Food safety.
Food must be obtained, handled, and properly stored to prevent contamination, spoilage, or a threat to the health of a person.
History:
2013 c 108 art 8 s 41; 2020 c 115 art 4 s 84; 2022 c 58 s 104
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.26 — Community Residential Settings; Sanitation And Health.

245D.26 COMMUNITY RESIDENTIAL SETTINGS; SANITATION AND HEALTH.
Subdivision 1.
Goods provided by license holder.
Individual clean bed linens appropriate for the season and the person's comfort, including towels and wash cloths, must be available for each person. Usual or customary goods for the operation of a residence which are communally used by all persons receiving services living in the residence must be provided by the license holder, including household items for meal preparation, cleaning supplies to maintain the cleanliness of the residence, window coverings on windows for privacy, toilet paper, and hand soap.
Subd. 2.
Personal items.
Personal health and hygiene items must be stored in a safe and sanitary manner.
Subd. 3.
Pets and service animals.
Pets and service animals housed within the residence must be immunized and maintained in good health as required by local ordinances and state law. The license holder must ensure that the person and the person's representative are notified before admission of the presence of pets in the residence.
Subd. 4.
Smoking in the residence.
License holders must comply with the requirements of the Minnesota Clean Indoor Air Act, sections 144.411 to 144.417, when smoking is permitted in the residence.
Subd. 5.
Weapons.
Weapons and ammunition must be stored separately in locked areas that are inaccessible to a person receiving services. For purposes of this subdivision, "weapons" means firearms and other instruments or devices designed for and capable of producing bodily harm.
History:
2013 c 108 art 8 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.27 — Day Services Facilities; Satellite Licensure Requirements And Application Process.

245D.27 DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
Except for day service facilities on the same or adjoining lot, the license holder providing day services must apply for a separate license for each facility-based service site when the license holder is the owner, lessor, or tenant of the service site at which persons receive day services and the license holder's employees who provide day services are present for a cumulative total of more than 30 days within any 12-month period. For purposes of this chapter, a day services facility license is a satellite license of the day services program. A day services program may operate multiple licensed day service facilities in one or more counties in the state. For the purposes of this section, "adjoining lot" means day services facilities that are next door to or across the street from one another.
History:
2013 c 108 art 8 s 43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.28 — Day Services Facilities; Physical Plant And Space Requirements.

245D.28 DAY SERVICES FACILITIES; PHYSICAL PLANT AND SPACE REQUIREMENTS.
Subdivision 1.
Facility capacity and useable space requirements.
(a) The facility capacity of each day service facility must be determined by the amount of primary space available, the scheduling of activities at other service sites, and the space requirements of all persons receiving services at the facility, not just the licensed services. The facility capacity must specify the maximum number of persons that may receive services on site at any one time.
(b) When a facility is located in a multifunctional organization, the facility may share common space with the multifunctional organization if the required available primary space for use by persons receiving day services is maintained while the facility is operating. The license holder must comply at all times with all applicable fire and safety codes under section 245A.04, subdivision 2a, and adequate supervision requirements under section 245D.31 for all persons receiving day services.
(c) A day services facility must have a minimum of 40 square feet of primary space available for each person receiving services who is present at the site at any one time. Primary space does not include:
(1) common areas, such as hallways, stairways, closets, utility areas, bathrooms, and kitchens;
(2) floor areas beneath stationary equipment; or
(3) any space occupied by persons associated with the multifunctional organization while persons receiving day services are using common space.
Subd. 2.
Individual personal articles.
Each person must be provided space in a closet, cabinet, on a shelf, or a coat hook for storage of personal items for the person's own use while receiving services at the facility, unless doing so would interfere with safety precautions, another person's work space, or violate a building or fire code.
History:
2013 c 108 art 8 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.29 — Day Services Facilities; Health And Safety Requirements.

245D.29 DAY SERVICES FACILITIES; HEALTH AND SAFETY REQUIREMENTS.
Subdivision 1.
Refrigeration.
If the license holder provides refrigeration at service sites owned or leased by the license holder for storing perishable foods and perishable portions of bag lunches, whether the foods are supplied by the license holder or the persons receiving services, the refrigeration must have a temperature of 40 degrees Fahrenheit or less.
Subd. 2.
Drinking water.
Drinking water must be available to all persons receiving services. If a person is unable to request or obtain drinking water, it must be provided according to that person's individual needs. Drinking water must be provided in single-service containers or from drinking fountains accessible to all persons.
Subd. 3.
Individuals who become ill during the day.
There must be an area in which a person receiving services can rest if:
(1) the person becomes ill during the day;
(2) the person does not live in a licensed residential site;
(3) the person requires supervision; and
(4) there is not a caretaker immediately available. Supervision must be provided until the caretaker arrives to bring the person home.
Subd. 4.
Safety procedures.
The license holder must establish general written safety procedures that include criteria for selecting, training, and supervising persons who work with hazardous machinery, tools, or substances. Safety procedures specific to each person's activities must be explained and be available in writing to all staff members and persons receiving services.
History:
2013 c 108 art 8 s 45
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245D — Home And Community-based Services Standards › Section 245D.33 — Adult Mental Health Certification Standards.

245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
(a) The commissioner of human services shall issue a mental health certification for services licensed under this chapter when a license holder is determined to have met the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification is voluntary for license holders. The certification shall be printed on the license and identified on the commissioner's public website.
(b) License holders seeking certification under this section must request this certification on forms and in the manner prescribed by the commissioner.
(c) If the commissioner finds that the license holder has failed to comply with the certification requirements under section 245A.03, subdivision 6a, paragraph (b), the commissioner may issue a correction order and an order of conditional license in accordance with section 245A.06 or may issue a sanction in accordance with section 245A.07, including and up to removal of the certification.
(d) A denial of the certification or the removal of the certification based on a determination that the requirements under section 245A.03, subdivision 6a, paragraph (b), have not been met is not subject to appeal. A license holder that has been denied a certification or that has had a certification removed may again request certification when the license holder is in compliance with the requirements of section 245A.03, subdivision 6a, paragraph (b).
History:
2013 c 108 art 8 s 48; 2014 c 291 art 3 s 2