Reference Library, Office of the (iii) specialist services as defined under the current brain injury, community access for disability inclusion, community alternative care, and developmental disabilities waiver plans; (i) in-home family support and supported living services as defined under the developmental disabilities waiver plan; (ii) independent living services training as defined under the brain injury and community access for disability inclusion waiver plans; (iv) individualized home support with training services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; and. Only staff providing direct support must be counted as staff members in calculating the staff-to-participant ratio. This does not apply to license holders that are Minnesota counties or other units of government or to staff persons employed by license holders who were acting as attorney-in-fact for specific individuals prior to implementation of this chapter. For purposes of this chapter, "medication" includes dietary supplements. (h) The license holder must send the support plan addendum to the person, the person's legal representative, and the case manager by mail within ten working days of the progress review meeting. Programs approved for alternative licensing inspection; deemed compliance licensing requirements. This chapter does not apply to family adult foster care homes that do not provide services licensed under this chapter. (a) A license holder providing services licensed under this chapter, with a qualifying accreditation and meeting the eligibility criteria in paragraphs (b) and (c), may request approval for an alternative licensing inspection when all services provided under the license holder's license are accredited. 245D.31. If, based on the best interests of the person, the circumstances at the time of the notice were such that the license holder was unable to take the action specified in clauses (1) and (2), the license holder must document the specific circumstances and the reason for being unable to do so. Person-centered planning and service delivery. (e) Notice of the proposed termination of service, including those situations that began with a temporary service suspension, must be given at least 90 days prior to termination of services under paragraph (b), clause (7), 60 days prior to termination when a license holder is providing intensive supports and services identified in section 245D.03, subdivision 1, paragraph (c), and 30 days prior to termination for all other services licensed under this chapter. Programs, Pronunciation (f) A license holder providing homemaker services licensed according to this chapter and registered according to chapter 144A is exempt from compliance with section 245D.04. The date of the inspection, any repairs needed, and the date the necessary repairs were made must be documented. [Repealed by amendment, 2013 c 108 art 8 s 23]. "Sexual violence" means the use of sexual actions or words that are unwanted or harmful to another person. A copy of the agreement must be placed in the person's service recipient record. (a) A request for an alternative inspection must be made on the forms and in the manner prescribed by the commissioner. (iv) the location of emergency shelter within the facility; (i) designated assembly points outside the facility; (iii) the routes of fire department access; (4) the responsibilities each staff person must assume in case of emergency; (5) procedures for conducting quarterly drills each year and recording the date of each drill in the file of emergency plans; (6) procedures for relocation or service suspension when services are interrupted for more than 24 hours; (7) for a community residential setting with three or more dwelling units, a floor plan that identifies the location of enclosed exit stairs; and. (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. Calendar, General Orders of the Committee Schedule, Committee (d) If there are elevators in the facility, the license holder must have elevators inspected each year. 1. Based on the request and the additional required materials, the commissioner may approve an alternative inspection status. 245D ICS Program Structure (Individual) quantity. Laws, and Rules, Keyword Share your form with others Send it via email, link, or fax. Note: A provider is required to obtain the 245D-HCBS program license if the foster care services are funded by one of the. FACILITY LICENSURE REQUIREMENTS AND APPLICATION PROCESS. Situation 2)Foster care services for persons age 65 or older under the Elderly Waiver (EW) or the Alternative Care. If you are aware of your County doing the same please let me know. "Legal representative" means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. (ii) service suspension and termination policy and procedure required under subdivision 3. Laws, Statutes, (2) determine whether the person's support plan addendum needs to be revised according to sections 245D.07 and 245D.071 to positively and effectively help the person maintain stability and to reduce or eliminate future occurrences requiring emergency use of manual restraint. Open it using the cloud-based editor and start editing. (a) Before having unsupervised direct contact with a person served by the program, or for whom the staff person has not previously provided direct support, or any time the plans or procedures identified in paragraphs (b) to (f) are revised, the staff person must review and receive instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's job functions for that person. (2) program management and oversight that includes evaluation of the program quality and program improvement for services provided by the license holder as identified in subdivision 3. The summary must include a statement regarding any decision made related to the use of technology and a description of any further research that must be completed before a decision regarding the use of technology can be made. To look up an operating or not operating license, you can search online at: http://licensinglookup.dhs.state.mn.us/. (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. (a) For purposes of this subdivision, "medication assistance" means any of the following: (1) bringing to the person and opening a container of previously set up medications, emptying the container into the person's hand, or opening and giving the medications in the original container to the person under the direction of the person; (2) bringing to the person liquids or food to accompany the medication; or. 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. "Service site" means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. Competency in these areas is determined by the license holder through knowledge testing or observed skill assessment conducted by the trainer or instructor or by an individual who has been previously deemed competent by the trainer or instructor in the area being assessed; and. (5) employment exploration services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; (6) employment development services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; (7) employment support services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plans; and. The license holder must document when the notice is provided. 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. (c) Only one license holder may deliver integrated community supports at the address of the multifamily housing building. (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. 245D.29. This chapter may be cited as the "Home and Community-Based Services Standards" or "HCBS Standards.". The license holder must correct building and equipment deterioration, safety hazards, and unsanitary conditions. These policies meet the DHS guidelines for the policies that must be submitted, and also include forms to guide the provider in maintaining compliance. The license holder must ensure that volunteers who provide direct support services to persons served by the program receive the training, orientation, and supervision necessary to fulfill their responsibilities. Video, Broadcast TV, News, & Photos, Live "Over-the-counter drug" means a drug that is not required by federal law to bear the statement "Caution: Federal law prohibits dispensing without prescription.". After a license has been issued, the commissioner shall notify the local municipality where the residence is located of the approved license. (3) maintain information about the service termination, including the written notice of intended service termination, in the service recipient record. (7) for state-operated community-based services, the person no longer demonstrates complex behavioral needs that cannot be met by private community-based providers identified in section 252.50, subdivision 5, paragraph (a), clause (1). "Annual" and "annually" have the meaning given in section 245A.02, subdivision 2b. "Treatment" means the provision of care, other than medications, ordered or prescribed by a licensed health or mental health professional, provided to a person to cure, rehabilitate, or ease symptoms. The Home and Community Based Services ("HCBS") "Waiver" 245D License is issued by DHS under the Medicaid program ("Medical Assistance" in Minnesota). (2) If a license holder only provides basic services and supports, this includes the: (i) grievance policy and procedure required under subdivision 2; and. & reports. In areas of the state without a 911 number, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control center. Staff to be included in calculating minimum staffing requirement. (iv) eight hours of instruction on principles of person-centered thinking; (2) be determined by a positive support professional to have the training and prerequisite skills required to provide positive practices strategies as well as behavior reduction approved intervention to the person who receives positive support; and. "Emergency" means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. of Business, Calendar PSYCHOTROPIC MEDICATION USE AND MONITORING. The license holder must ensure that the following people have access to the information in subdivision 1 in accordance with applicable state and federal laws, regulations, or rules: (1) the person, the person's legal representative, and anyone properly authorized by the person; (3) staff providing services to the person unless the information is not relevant to carrying out the support plan or support plan addendum; and. Supervision must be provided until the caretaker arrives to bring the person home. A person must be assigned a staff ratio requirement of one to eight if: (1) the person does not meet the requirements in subdivision 4; and. "Case manager" means the individual designated to provide waiver case management services, care coordination, or long-term care consultation, as specified in chapter 256S and sections 256B.0913, 256B.092, and 256B.49, or successor provisions. An individual meeting the staff qualifications of this section who is not providing these services as an employee of a program licensed according to this chapter must obtain a license according to this chapter. Appears some Minnesota Counties are requiring providers for AFC Elderly Waiver (203A) licenses to also hold a 245D license. The license holder must maintain documentation of the training received from other sources and of each staff person's competency in the required area according to the requirements in subdivision 3. An individual providing specialist services, as defined in the developmental disabilities waiver plan or successor plan, must have: (1) the specific experience and skills required of the specialist to meet the needs of the person identified by the person's service planning team; and. The license holder must establish policies and procedures that promote service recipient rights by providing a simple complaint process for persons served by the program and their authorized representatives to bring a grievance that: (1) provides staff assistance with the complaint process when requested, and the addresses and telephone numbers of outside agencies to assist the person; (2) allows the person to bring the complaint to the highest level of authority in the program if the grievance cannot be resolved by other staff members, and that provides the name, address, and telephone number of that person; (3) requires the license holder to promptly respond to all complaints affecting a person's health and welfare. (c) Before providing 45 days of service or within 60 calendar days of service initiation, whichever is shorter, the license holder must meet with the person, the person's legal representative, the case manager, other members of the support team or expanded support team, and other people as identified by the person or the person's legal representative to determine the following based on information obtained from the assessments identified in paragraph (b), the person's identified needs in the support plan, and the requirements in subdivision 4 and section 245D.07, subdivision 1a: (1) the scope of the services to be provided to support the person's daily needs and activities; (2) the person's desired outcomes and the supports necessary to accomplish the person's desired outcomes; (3) the person's preferences for how services and supports are provided, including how the provider will support the person to have control of the person's schedule; (4) whether the current service setting is the most integrated setting available and appropriate for the person; (5) opportunities to develop and maintain essential and life-enriching skills, abilities, strengths, interests, and preferences; (6) opportunities for community access, participation, and inclusion in preferred community activities; (7) opportunities to develop and strengthen personal relationships with other persons of the person's choice in the community; (8) opportunities to seek competitive employment and work at competitively paying jobs in the community; and. (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. Intermediate care facility for persons with developmental disabilities or ICF/DD. Schedules, Order This Blog is not intended to nor does it provide the viewer legal advice. (2) on a daily basis the person requires verbal prompts or spot checks and minimal or no physical assistance to successfully complete at least three of the following activities: toileting, communicating basic needs, eating, or ambulating. Directory, Legislative The license holder must maintain documentation of the power-of-attorney in the service recipient record. Below is a summary of the programs available for license and the checklist to get a license. 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. Allowed but restricted procedures include: (1) permitted actions and procedures subject to the requirements in subdivision 7; (2) procedures identified in a positive support transition plan subject to the requirements in subdivision 8; or. (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). 2013 c 108 art 8 s 48; 2014 c 291 art 3 s 2, Official Publication of the State of Minnesota (g) In the event of an emergency service initiation, the license holder must ensure the training required in this subdivision occurs within 72 hours of the direct support staff person first having unsupervised contact with the person receiving services. This provision does not apply to an individual who has been fully discharged from a commitment; (2) maintain equipment, vehicles, supplies, and materials owned or leased by the license holder in good condition when used to provide services; (3) follow procedures to ensure safe transportation, handling, and transfers of the person and any equipment used by the person, when the license holder is responsible for transportation of a person or a person's equipment; (4) be prepared for emergencies and follow emergency response procedures to ensure the person's safety in an emergency; and. Phone: 612.216.1114. The policy must include the requirements specified in paragraphs (b) to (f). This must be incorporated into the license holder's medication administration policy and procedures required under section 245D.11, subdivision 2, clause (3). (1) ensure the following when the license holder is the owner, lessor, or tenant of the service site: (i) the service site is a safe and hazard-free environment; (ii) that toxic substances or dangerous items are inaccessible to persons served by the program only to protect the safety of a person receiving services when a known safety threat exists and not as a substitute for staff supervision or interactions with a person who is receiving services. For the purpose of this chapter, "time out" does not mean voluntary removal or self-removal for the purpose of calming, prevention of escalation, or de-escalation of behavior; nor does it mean taking a brief break or rest from an activity for the purpose of providing the person an opportunity to regain self-control. Upon request, the license holder must provide the person, or the person's legal representative, and case manager with copies of the revised policies and procedures. (3) position a person with physical disabilities in a manner specified in the person's support plan addendum. The positive support transition plan must phase out any existing plans for the emergency or programmatic use of restrictive interventions prohibited under this chapter within the following timelines: (1) for persons receiving services from the license holder before January 1, 2014, the plan must be developed and implemented by February 1, 2014, and phased out no later than December 31, 2014; and. "Semi-independent living services" has the meaning given in section 252.275. If you are providing services to someone under a 245D or Home and Community Based Services (HCBS) license, then that person is automatically covered by the PSR, regardless of their diagnosis, and all services your program provides to that person must comply with the PSR. The recipient maintains control of how his or her worker (s) provide services by scheduling . DAY SERVICES FACILITIES; STAFF RATIOS AND FACILITY COVERAGE. (c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraphs (a) and (b). No person receiving services must be counted as or be substituted for a staff member in calculating the staff-to-participant ratio. The living area must be provided with an adequate number of furnishings for the usual functions of daily living and social activities. Unlicensed staff responsible for medication setup or medication administration under this section must complete training according to section 245D.09, subdivision 4a, paragraph (d); (2) monitor health conditions according to written instructions from a licensed health professional; (3) assist with or coordinate medical, dental, and other health service appointments; or. A staff ratio requirement of one to six equals 0.166. (f) Outside property must be free from debris and safety hazards. (f) If, based on a review by the person's support team or expanded support team, that team determines the person no longer poses an imminent risk of physical harm to self or others, the person has a right to return to receiving services. Services provided by a license holder to a person under the license holder's guardianship are not licensed services. Minnesota House of (a) The license holder must give the person or the person's legal representative, case manager, and other people as identified by the person or the person's legal representative, an opportunity to participate in the ongoing review and development of the service plan and the methods used to support the person and accomplish outcomes identified in subdivisions 3 and 4. When the services are provided in a licensed facility, the records must be maintained at the facility, otherwise the records must be maintained at the license holder's program office. The license holder must protect service recipient records against loss, tampering, or unauthorized disclosure according to the requirements in sections 13.01 to 13.10 and 13.46. The license holder must ensure that a background study has been completed according to the requirements in sections 245C.03, subdivision 1, and 245C.04. The policy must include the requirements specified in paragraphs (b) to (f). (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. (g) Heating, ventilation, air conditioning units, and other hot surfaces and moving parts of machinery must be shielded or enclosed. The policy and procedures must comply with the requirements of this section and must specify the following: (1) a description of the positive support strategies and techniques staff must use to attempt to de-escalate a person's behavior before it poses an imminent risk of physical harm to self or others; (2) a description of the types of manual restraints the license holder allows staff to use on an emergency basis, if any. Approval must be reflected in the support plan, the support plan addendum, or the self-management assessment. (b) Physical contact or instructional techniques must use the least restrictive alternative possible to meet the needs of the person and may be used: (1) to calm or comfort a person by holding that person with no resistance from that person; (2) to protect a person known to be at risk of injury due to frequent falls as a result of a medical condition; (3) to facilitate the person's completion of a task or response when the person does not resist or the person's resistance is minimal in intensity and duration; (4) to block or redirect a person's limbs or body without holding the person or limiting the person's movement to interrupt the person's behavior that may result in injury to self or others with less than 60 seconds of physical contact by staff; or. "Certification" means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D.33. Archive, Session Laws FosterCare (AFCRule203 & Child Foster Care Rule2960) CRS (MN Statutes,sections 245D.21 - 245D.26) licensed by County. (4) the county child or adult foster care licensor, when services are also licensed as child or adult foster care. Property damage, verbal aggression, or a person's refusal to receive or participate in treatment or programming on their own do not constitute an emergency. (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. Multifamily housing building to six equals 0.166 the multifamily housing building correct and. 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245d license structure