Sign it in a few clicks Draw your signature, type it, upload its image, or use your mobile device as a signature pad. These programs are available to persons who choose to reside in the community and meet the eligibility criteria. 1) Have all owners and managing officials complete the Waiver Training here:https://mn.gov/dhs/partners-and-providers/training-conferences/minnesota-health-care-programs/provider-training/waiver-ac-provider-training-101.jsp. (a) The license holder must maintain a personnel record of each employee to document and verify staff qualifications, orientation, and training. The certification shall be printed on the license and identified on the commissioner's public website. DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. Minnesota residents with disabilities or chronic illnesses who need certain levels of care may qualify for the Minnesota HCBS waiver programs. The designated coordinator must minimally have: (1) a baccalaureate degree in a field related to human services, and one year of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older; (2) an associate degree in a field related to human services, and two years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older; (3) a diploma in a field related to human services from an accredited postsecondary institution and three years of full-time work experience providing direct care services to persons with disabilities or persons age 65 and older; or, (4) a minimum of 50 hours of education and training related to human services and disabilities; and. (g) Heating, ventilation, air conditioning units, and other hot surfaces and moving parts of machinery must be shielded or enclosed. Calendar, Senate (a) A positive support specialist providing positive support services as identified in section 245D.03, subdivision 1, paragraph (c), clause (1), item (i), must have competencies in the following areas as required under the brain injury, community access for disability inclusion, community alternative care, and developmental disabilities waiver plans or successor plans: (1) have an associate's degree in a social services discipline; or. A volunteer may be counted as a direct support staff in calculating the staff-to-participant ratio if the volunteer meets the same standards and requirements as paid staff. Journal, Senate Keep this for yourown records. Video, Webcast Subcontractors and temporary staff hired by the license holder must meet the Minnesota licensing requirements applicable to the disciplines in which they are providing services. (g) Nothing in this chapter prohibits a license holder from concurrently serving persons without disabilities or people who are or are not age 65 and older, provided this chapter's standards are met as well as other relevant standards. Refusal to authorize administration of a specific psychotropic medication is not grounds for service termination and does not constitute an emergency. (2) under section 245A.03, subdivision 2, paragraph (a), clause (1), a related individual as defined under section 245A.02, subdivision 13, is excluded from licensure. (iii) instructions on closing off the fire area, using fire extinguishers, and activating and responding to alarm systems; (ii) the location of audible or visual alarm systems, including but not limited to manual fire alarm boxes, smoke detectors, fire alarm enunciators and controls, and sprinkler systems; (iii) the location of exits, primary and secondary evacuation routes, and accessible egress routes, if any; and. (a) The license holder must designate a managerial staff person or persons to provide program management and oversight of the services provided by the license holder. Spreadsheet, Minnesota (vi) the determination of whether corrective action is necessary based on the results of the review. The summary must include a statement about any decision made concerning transition to an employment service and a description of any further research or education that must be completed before a decision regarding transitioning to an employment service can be made. (3) be under the direct supervision of a positive support professional. 245D.29. A person may choose not to have a cabinet, dresser, shelves, or a mirror in the bedroom, as otherwise required under paragraph (d), clause (3) or (4). The recipient maintains control of how his or her worker (s) provide services by scheduling . The license holder must provide the level of direct service support staff supervision, assistance, and training necessary: (1) to ensure the health, safety, and protection of rights of each person; and. The designated manager is responsible for the following: (1) maintaining a current understanding of the licensing requirements sufficient to ensure compliance throughout the program as identified in section 245A.04, subdivision 1, paragraph (e), and when applicable, as identified in section 256B.04, subdivision 21, paragraph (g); (2) ensuring the duties of the designated coordinator are fulfilled according to the requirements in subdivision 2; (3) ensuring the program implements corrective action identified as necessary by the program following review of incident and emergency reports according to the requirements in section 245D.11, subdivision 2, clause (7). [Repealed by amendment, 2013 c 108 art 8 s 27]. 2012 c 216 art 18 s 24; 2013 c 108 art 8 s 32; 2014 c 291 art 4 s 58; art 8 s 3-5; 2014 c 312 art 27 s 41,42; 2015 c 71 art 7 s 18,19; 2017 c 90 s 13,14; 1Sp2019 c 9 art 5 s 14,15; 1Sp2020 c 2 art 2 s 6-8; art 8 s 66; 2022 c 98 art 17 s 26. Providing structure and emotional support; . (c) When the incident involves more than one person, the license holder must not disclose personally identifiable information about any other person when making the report to each person and case manager unless the license holder has the consent of the person. (b) The commissioner must notify the license holder in writing that the request for an alternative inspection status has been approved. Add to cart. (b) Within 15 calendar days of service initiation the license holder must complete a preliminary support plan addendum based on the support plan. "Support plan addendum" means the documentation that this chapter requires of the license holder for each person receiving services. Action taken by the license holder must include, at a minimum: (1) consultation with the person's support team or expanded support team to identify and resolve issues leading to issuance of the notice; and. (8) integrated community support as defined under the brain injury and community access for disability inclusion waiver plans beginning January 1, 2021, and community alternative care and developmental disabilities waiver plans beginning January 1, 2023. Guide, Address (a) The license holder must ensure that service sites owned or leased by the license holder are free from hazards that would threaten the health or safety of a person receiving services by ensuring the requirements in paragraphs (b) to (h) are met. Supervision must be provided until the caretaker arrives to bring the person home. (b) Chemicals, detergents, and other hazardous or toxic substances must not be stored with food products or in any way that poses a hazard to persons receiving services. Approval must be reflected in the support plan, the support plan addendum, or the self-management assessment. A related person who may be excluded from 245D licensure may be a: Niece or nephew. Nothing on this site should be taken as legal advice for any individual case or situation. Library, House Programs approved for alternative licensing inspection; deemed compliance licensing requirements. Emergency use of manual restraint must meet the following conditions: (1) immediate intervention must be needed to protect the person or others from imminent risk of physical harm; and. 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. (d) The license holder must participate in service planning and support team meetings for the person following stated timelines established in the person's support plan or as requested by the person or the person's legal representative, the support team or the expanded support team. (c) Restraint may be used as an intervention procedure to: (1) allow a licensed health care professional to safely conduct a medical examination or to provide medical treatment ordered by a licensed health care professional; (2) assist in the safe evacuation or redirection of a person in the event of an emergency and the person is at imminent risk of harm; or. Foster Care (AFC Rule 203 & Child Foster Care Rule 2960) & CRS (MN Statutes, sections 245D.21 - 245D.26) licensed by County . (f) When a death or serious injury occurs in a facility certified as an intermediate care facility for persons with developmental disabilities, the death or serious injury must be reported to the Department of Health, Office of Health Facility Complaints, and the Office of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the death or serious injury has already been reported. If you currently hold a 245D-HCBS license, you must enter your User Name and Password, then press the Login button. (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. The license holder must establish policies and procedures that promote continuity of care by ensuring that admission or service initiation criteria: (1) is consistent with the service-related rights identified in section 245D.04, subdivisions 2, clauses (4) to (7), and 3, clause (8); (2) identifies the criteria to be applied in determining whether the license holder can develop services to meet the needs specified in the person's support plan; (3) requires a license holder providing services in a health care facility to comply with the requirements in section 243.166, subdivision 4b, to provide notification to residents when a registered predatory offender is admitted into the program or to a potential admission when the facility was already serving a registered predatory offender. (iv) coordinate with the lead agency to ensure the private community-based service provider is able to meet the person's needs and criteria established in a person's person-centered transition plan. (3) the person's ability to self-manage symptoms or behavior that may otherwise result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination of services by the license holder, or other symptoms or behaviors that may jeopardize the health and welfare of the person or others. (iv) there is a need for corrective action by the license holder to protect the health and welfare of persons receiving services; (5) based on the review in clause (4), requires the license holder to develop, document, and implement a corrective action plan designed to correct current lapses and prevent future lapses in performance by staff or the license holder, if any; (6) provides a written summary of the complaint and a notice of the complaint resolution to the person and case manager that: (i) identifies the nature of the complaint and the date it was received; (ii) includes the results of the complaint review; (iii) identifies the complaint resolution, including any corrective action; and. "Psychotropic medication" means any medication prescribed to treat the symptoms of mental illness that affect thought processes, mood, sleep, or behavior. 2. If a person chooses to use a mattress other than an innerspring mattress or chooses not to have a mattress frame or support, the license holder must document this choice and allow the alternative desired by the person. (a) For the purposes of this subdivision, "medication setup" means the arranging of medications according to instructions from the pharmacy, the prescriber, or a licensed nurse, for later administration when the license holder is assigned responsibility in the support plan or the support plan addendum. (a) The license holder must provide services in response to the person's identified needs, interests, preferences, and desired outcomes as specified in the support plan and the support plan addendum, and in compliance with the requirements of this chapter. Ssa gov 3368. The facility must be clean and free from accumulations of dirt, grease, garbage, peeling paint, mold, vermin, and insects. Schedule, Audio (2) the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to the extent that the license holder performs a function or activity involving the use of protected health information as defined under Code of Federal Regulations, title 45, section 164.501, including, but not limited to, providing health care services; health care claims processing or administration; data analysis, processing, or administration; utilization review; quality assurance; billing; benefit management; practice management; repricing; or as otherwise provided by Code of Federal Regulations, title 45, section 160.103. (f) The staff person must review and receive instruction on mental health crisis response, de-escalation techniques, and suicide intervention when providing direct support to a person with a serious mental illness. 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. Laws Changed (Table 1), Statutes (8) individualized home supports services as defined under the brain injury, community alternative care, and community access for disability inclusion, and developmental disabilities waiver plans. (d) Within 24 hours of reporting maltreatment as required under section 626.557 or chapter 260E, the license holder must inform the case manager of the report unless there is reason to believe that the case manager is involved in the suspected maltreatment. Committee, Side by Side (b) The license holder must limit temporary service suspension to situations in which: (1) the person's conduct poses an imminent risk of physical harm to self or others and either positive support strategies have been implemented to resolve the issues leading to the temporary service suspension but have not been effective and additional positive support strategies would not achieve and maintain safety, or less restrictive measures would not resolve the issues leading to the suspension; (2) the person has emergent medical issues that exceed the license holder's ability to meet the person's needs; or. Interventions Support Services. DO NOT create a new account. (10) a setting that meets the definition of a dwelling unit within a residential occupancy as defined in the State Fire Code. Calendar for the Day, Fiscal (b) If responsibility for meeting the person's health service needs has been assigned to the license holder in the support plan or the support plan addendum, the license holder must maintain documentation on how the person's health needs will be met, including a description of the procedures the license holder will follow in order to: (1) provide medication setup, assistance, or administration according to this chapter. The license holder must provide written reports regarding the person's progress or status as requested by the person, the person's legal representative, the case manager, or the team. & reports. Weapons and ammunition must be stored separately in locked areas that are inaccessible to a person receiving services. (f) During the service termination notice period, the license holder must: (1) work with the support team or expanded support team to develop reasonable alternatives to protect the person and others and to support continuity of care; (2) provide information requested by the person or case manager; and. 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. Nothing in this section changes the commissioner's responsibilities to investigate alleged or suspected maltreatment of a minor under chapter 260E or a vulnerable adult under section 626.557. Cultural competence or culturally competent. [Repealed by amendment, 2013 c 108 art 8 s 25]. Rules, Address 2012 c 216 art 18 s 17; 2013 c 108 art 8 s 22; 2014 c 275 art 1 s 45-47; 2014 c 312 art 27 s 9-18; 2015 c 71 art 7 s 10; 2015 c 78 art 6 s 31; 2019 c 54 art 2 s 11-13; 1Sp2019 c 9 art 5 s 93; 2020 c 115 art 4 s 81; 1Sp2020 c 2 art 2 s 3; art 8 s 63; 2021 c 30 art 17 s 49; 2022 c 58 s 102; 2022 c 98 art 17 s 26. (3) position a person with physical disabilities in a manner specified in the person's support plan addendum. (2) the type of manual restraint used must be the least restrictive intervention to eliminate the immediate risk of harm and effectively achieve safety. Tracking Sheets, Hot (e) When possible, a person must be allowed to have items of furniture that the person personally owns in the bedroom, unless doing so would interfere with safety precautions, violate a building or fire code, or interfere with another person's use of the bedroom. MN-ITS initial user ID, password and registration instructions included in Welcome Letter. (c) The license holder must provide a written notice to all persons or their legal representatives and case managers at least 30 days before implementing any procedural revisions to policies affecting a person's service-related or protection-related rights under section 245D.04 and maltreatment reporting policies and procedures. Standards for emergency use of manual restraints. After a license has been issued, the commissioner shall notify the local municipality where the residence is located of the approved license. (d) For the purposes of this section, the license holder's license includes services licensed under this chapter that were previously licensed under chapter 245B until December 31, 2013. /* Add your own Mailchimp form style overrides in your site stylesheet or in this style block.
(c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections. (v) residential services provided to more than four persons with developmental disabilities in a supervised living facility, including ICFs/DD; (i) structured day services as defined under the brain injury waiver plan; (ii) day services under sections 252.41 to 252.46, and as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; (iii) day training and habilitation services under sections 252.41 to 252.46, and as defined under the developmental disabilities waiver plan; and, (iv) prevocational services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; and. (1) provide each person or each person's legal representative with a written notice that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of those rights within five working days of service initiation and annually thereafter; (2) make reasonable accommodations to provide this information in other formats or languages as needed to facilitate understanding of the rights by the person and the person's legal representative, if any; (3) maintain documentation of the person's or the person's legal representative's receipt of a copy and an explanation of the rights; and. Determining number of direct support service staff required. "Expanded support team" means the members of the support team defined in subdivision 34 and a licensed health or mental health professional or other licensed, certified, or qualified professionals or consultants working with the person and included in the team at the request of the person or the person's legal representative. The designated coordinator must have the skills and ability necessary to develop effective plans and to design and use data systems to measure effectiveness of services and supports. Approval must be granted until the end of the qualifying accreditation period. The documentation must include: (1) the methods or actions that will be used to support the person and to accomplish the service outcomes, including information about: (i) any changes or modifications to the physical and social environments necessary when the service supports are provided; (ii) any equipment and materials required; and. SLF (MN.Statutes,Chapter 144) licensed by MN Dept. Subd. (7) evaluating the information identified in clauses (1) to (6) to develop, document, and implement ongoing program improvements. (b) Services must be provided in a manner that supports the person's preferences, daily needs, and activities and accomplishment of the person's personal goals and service outcomes, consistent with the principles of: (1) person-centered service planning and delivery that: (i) identifies and supports what is important to the person as well as what is important for the person, including preferences for when, how, and by whom direct support service is provided; (ii) uses that information to identify outcomes the person desires; and. Committees, Joint Committees The refusal to authorize medication administration must be reported to the prescriber as expediently as possible. This level of supervision and protection allows risk taking to the extent that there is no reasonable likelihood that serious harm will happen to the person or others. (a) Use of the instructional techniques and intervention procedures as identified in paragraphs (b) and (c) is permitted when used on an intermittent or continuous basis. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3. (d) Use of adaptive aids or equipment, orthotic devices, or other medical equipment ordered by a licensed health professional to treat a diagnosed medical condition do not in and of themselves constitute the use of mechanical restraint. (e) The staff person must review and receive instruction on the safe and correct operation of medical equipment used by the person to sustain life or to monitor a medical condition that could become life-threatening without proper use of the medical equipment, including but not limited to ventilators, feeding tubes, or endotracheal tubes. A staff ratio requirement of one to four equals 0.250. Laws, and Rules, Keyword A person must be assigned a staff ratio requirement of one to four if: (1) on a daily basis the person requires total care and monitoring or constant hand-over-hand physical guidance to successfully complete at least three of the following activities: toileting, communicating basic needs, eating, or ambulating; or. The license holder must ensure the written report and internal review of all incident reports of the emergency use of manual restraints are completed according to the requirements in section 245D.061 or successor provisions. "Most integrated setting" means a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible. For purposes of this section, "substantial and consistent compliance" means: (1) the license holder's license was not made conditional, suspended, or revoked; (2) there have been no substantiated allegations of maltreatment against the license holder; (3) there were no program deficiencies identified that would jeopardize the health, safety, or rights of persons being served; and. (c) The license holder must maintain a copy of the internal review and the corrective action plan, if any, in the person's service recipient record. (3) a completed background study as required under chapter 245C. Except for a license holder who is the sole direct support staff, the license holder must provide adequate supervision of staff providing direct support to ensure the health, safety, and protection of rights of each person and implementation of the responsibilities assigned to the license holder in each person's support plan or support plan addendum. If the person or the person's legal representative refuses to authorize the license holder to administer medication, the medication must not be administered. (4) be under the direct supervision of a positive support professional. #mc_embed_signup .button { "Semi-independent living services" has the meaning given in section 252.275. The license holder must maintain documentation that the applicable requirements have been met. Auditor, Revisor Find the 245d Pre Application Worksheet you want. (b) In order to be eligible for an alternative licensing inspection, the program must have had at least one inspection by the commissioner following issuance of the initial license. A copy of the agreement must be placed in the person's service recipient record. The licensing standards in this chapter govern the provision of basic support services and intensive support services. The license holder must verify and document competence according to the requirements in section 245D.09, subdivision 3. Relationship to other standards governing home and community-based services. Blvd., St. Paul, MN 55155. 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. A license holder with a qualifying accreditation and meeting the eligibility criteria in paragraphs (b) and (c) may request approval for an alternative licensing inspection for individual community residential settings or day services facilities licensed under this chapter. (2) nonmedical service providers to adapt their services to accommodate the health and safety needs of the person. Authorization must be obtained within five working days of service initiation and renewed annually thereafter. The living area must be provided with an adequate number of furnishings for the usual functions of daily living and social activities. Situation 1)You are a provider of foster care services that are not funded by one of the disability waivers (BI, CAC. DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. "Intermediate care facility for persons with developmental disabilities" or "ICF/DD" means a residential program licensed to serve four or more persons with developmental disabilities under section 252.28 and chapter 245A and licensed as a supervised living facility under chapter 144, which together are certified by the Department of Health as an intermediate care facility for persons with developmental disabilities. (a) At no time must one direct support staff member be assigned responsibility for supervision and training of more than ten persons receiving supervision and training, except as otherwise stated in each person's support plan or support plan addendum. Home and Community Based Services (HCBS) (Waiver) (245D License), Mental Health and Substance Abuse Treatment Providers, Telehealth Law in Minnesota (formerly Telemedicine), Complete the Waiver and Alternative Care (AC), List of Excluded Individuals/Entities (LEIE), Elderly Waiver (EW) and Alternative Care (AC) Program Provider Manual. (b) Each single incident of emergency use of manual restraint must be reported separately. "Authorized representative" means a parent, family member, advocate, or other adult authorized by the person or the person's legal representative, to serve as a representative in connection with the provision of services licensed under this chapter. Documentation must include an assessment of the person with respect to the characteristics in subdivisions 4, 5, and 6. The request for an alternative inspection status has been issued, the support addendum... 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