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S.F. No. 359 - Home and Community-Based Services Setting and Licensing Requirements, Planning, and Case Management Requirements under Waiver Modifications and Individualized Home Supports Addition; Child Foster Care Background Studies Modifications (First Eng.)
Author: Senator Paul J. Utke
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
Joan White, Senate Counsel (651/296-3814)
Date: May 11, 2017


Section 1 delays until June 30, 2019, the moratorium on issuing adult foster care licenses for a residential program with a capacity of five adults if the fifth bed does not increase statewide capacity.

Sections 2 to 9 amend the Department of Human Services background study chapter of law by adding language to differentiate between family foster care and corporate foster care, as the two go through different processes.

Section 10 provides a definition of “natural supports.”

Section 11 modifies the definition “volunteer" by specifying that a natural support is not a volunteer.

Section 12 adds individualized home supports to the list of intensive support services and thus subjects the provision of individualized home supports to licensure and regulation under Minnesota Statutes, chapter 245D.

Section 13 specifies additional service recipient protection-related rights, including the right to lock one’s bedroom or living unit door, having access to one’s property, the freedom to come and go from one’s residence, choosing one’s visitors, access food and water, the freedom to decorate, and a clean and safe living environment.

Section 14 requires a service provider to determine how the service provider will support the service recipient in controlling the recipient’s own schedule.  This section also requires a service provider to have a discussion with the service recipient concerning the use of technology to meet the recipient’s desired outcomes.

Section 15 modifies the orientation training standards for direct-care staff.

Section 16 provides for an alternative method of direct-care staff training.

Section 17 requires a signed annual residency agreement between the license holder and a person receiving foster care or supported living services.  The residency agreement must include statutory service termination requirements.

Section 18 modifies language concerning bedrooms in community residential settings by requiring that each person have a choice of roommate and be allowed to lock his or her bedroom door. 

Sections 19 to 21 require that people be provided with available options to meet identified needs in a nondisability-specific setting.

Section 22 specifies that new services added to the disability waiver rate system after January 1, 2014, are not subject to the banding period.

Section 23 adds individualized home supports to the disability waiver rate setting system.

Section 24 establishes a base wage index for staff providing individualized home supports.

Section 25 specifies that individualized home supports falls within the unit-based services with programming service bucket and specifies that the rate for individualized home supports is calculated in a manner similar to the calculation of the rate for independent living skills.

Section 26 specifies that individualized home supports are not subject to the budget-neutrality adjustment that applies to other unit-based services with programming.


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