The licensing standards in this chapter govern the provision of basic support services and intensive support services. The date of the inspection, any repairs needed, and the date the necessary repairs were made must be documented. Home and community-based services licensed under this chapter for which the commissioner is the license holder with a qualifying accreditation are excluded from being approved for an alternative licensing inspection. (3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's support plan or support plan addendum that the person does not require the presence of direct support staff while services are being provided. 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. SLF (MN. "Home and community-based services" means the services identified in section 245D.03, subdivision 1, and as defined in: (1) the federally approved waiver plans governed by United States Code, title 42, sections 1396 et seq., including the waivers for persons with disabilities under section 256B.49, subdivision 11, including the brain injury (BI) waiver plan; the community alternative care (CAC) waiver plan; the community access for disability inclusion (CADI) waiver plan; the developmental disabilities (DD) waiver plan under section 256B.092, subdivision 5; the elderly waiver (EW) plan under section 256S.01, subdivision 1; or successor plans respective to each waiver; or. (b) At least once per year, the license holder, in coordination with the person's support team or expanded support team, must meet with the person, the person's legal representative, the case manager, and other people as identified by the person or the person's legal representative to discuss how technology might be used to meet the person's desired outcomes. The license holder must establish policies and procedures that promote service recipient rights by ensuring data privacy according to the requirements in: (1) the Minnesota Government Data Practices Act, section 13.46, and all other applicable Minnesota laws and rules in handling all data related to the services provided; and. To look up an operating or not operating license, you can search online at: http://licensinglookup.dhs.state.mn.us/. 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 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. "Prescriber" means a person who is authorized under section 148.235; 151.01, subdivision 23; or 151.37 to prescribe drugs. "Health services" means any service or treatment consistent with the physical and mental health needs of the person, such as medication administration and monitoring, medical, dental, nutritional, health monitoring, wellness education, and exercise. (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. "Positive support transition plan" means the plan required in section 245D.06, subdivision 8, to be developed by the expanded support team to implement positive support strategies to: (1) eliminate the use of prohibited procedures as identified in section 245D.06, subdivision 5; (2) avoid the emergency use of manual restraint as identified in section 245D.061; and. The corrective action plan, if any, must be implemented within 30 days of the internal review being completed. "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. 2013 c 108 art 8 s 41; 2020 c 115 art 4 s 84; 2022 c 58 s 104. DFL/GOP, House (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. Schedules, Order (3) skills necessary to provide appropriate support in instrumental activities of daily living (IADLs) as defined under section 256B.0659, subdivision 1. Assessments based on older information must be documented and justified. Any restriction of those rights must be documented in the person's support plan or support plan addendum. 2. (b) License holders seeking certification under this section must request this certification on forms and in the manner prescribed by the commissioner. "License holder" has the meaning given in section 245A.02, subdivision 9. Injectable medications may be administered according to a prescriber's order and written instructions when one of the following conditions has been met: (1) a registered nurse or licensed practical nurse will administer the injection; (2) a supervising registered nurse with a physician's order has delegated the administration of injectable medication to an unlicensed staff member and has provided the necessary training; or. (4) the names of the staff or position responsible for implementing the supports and methods. 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. (a) License holders providing basic support services must meet the requirements of this subdivision. (e) A license holder providing residential services to persons in an ICF/DD is exempt from compliance with sections 245D.04; 245D.05, subdivision 1b; 245D.06, subdivision 2, clauses (4) and (5); 245D.071, subdivisions 4 and 5; 245D.081, subdivision 2; 245D.09, subdivision 7; 245D.095, subdivision 2; and 245D.11, subdivision 3. Blvd., St. Paul, MN 55155. Inspections and code compliance. Statutes, Chapter 144) licensed by MN Dept. A prescription label or the prescriber's written or electronically recorded order for the prescription is sufficient to constitute written instructions from the prescriber. Each incident report must include: (i) the name of the person or persons involved in the incident. The living area must be provided with an adequate number of furnishings for the usual functions of daily living and social activities. "Semi-independent living services" has the meaning given in section 252.275. 8)Complete a Home and Community-BasedServices (HCBS) Waiver and Alternative Care(AC) Programs Provider Application (, 9)Complete a Minnesota Health Care Programs(MHCP) Provider Agreement (, 10)Complete Assurant statements as appropriate (, 11)Complete a Disclosure of Ownership form (, 12) Submit all copies of owner or managerial officials Waiver 101 Training transcript showing a result of mastered from Step 1, 13) Submit a copy of your liability insurance certificate naming DHS PE as a certificate holder on the document if providing the, Any service that requires you to have a 245D. 2013 c 108 art 8 s 30; 2014 c 291 art 8 s 1,2; 2014 c 312 art 27 s 37-39,77; 2015 c 71 art 7 s 17; 2017 c 90 s 12; 1Sp2019 c 9 art 5 s 12,13; 1Sp2020 c 2 art 2 s 4; art 4 s 1; 2022 c 98 art 17 s 26. COMMUNITY RESIDENTIAL SETTINGS; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. "Medication" means a prescription drug or over-the-counter drug. Archive, Session Laws The purpose of the service plan review is to determine whether changes are needed to the service plan based on the assessment information, the license holder's evaluation of progress toward accomplishing outcomes, or other information provided by the support team or expanded support team. 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. The facility capacity must specify the maximum number of persons that may receive services on site at any one time. (vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and mental health nursing by a national nurse certification organization, or who has a master's degree in nursing or one of the behavioral sciences or related fields from an accredited college or university or its equivalent, with at least 4,000 hours of post-master's supervised experience in the delivery of clinical services. Monitoring emergency use of manual restraint. (e) The license holder must annually notify all persons, or their legal representatives, and case managers of any procedural revisions to policies required under this chapter, other than those in paragraph (c). When an area has a 911 number or a mental health crisis intervention team number, both numbers must be posted and the emergency number listed must be 911. (b) For employees hired after January 1, 2014, the license holder must maintain documentation in the personnel record or elsewhere, sufficient to determine the date of the employee's first supervised direct contact with a person served by the program, and the date of first unsupervised direct contact with a person served by the program. Determining number of direct support service staff required. At least once per year, or within 30 days of a written request by the person, the person's legal representative, or the case manager, the license holder, in coordination with the person's support team or expanded support team, must meet with the person, the person's legal representative, the case manager, and other people as identified by the person or the person's legal representative, and participate in service plan review meetings following stated timelines established in the person's support plan or support plan addendum. Staff to be included in calculating minimum staffing requirement. 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. The support plan addendum must include a summary of this discussion. The 245D "HCBS Waiver" license is issued by DHS under the Medicaid program ("Medical Assistance" in Minnesota). The commissioner must accept a three-year accreditation from the Commission on Accreditation of Rehabilitation Facilities (CARF) as a qualifying accreditation. 2. (ii) following safety practices established by the license holder and as required in section 245D.06, subdivision 2; (2) the license holder's current policies and procedures required under this chapter, including their location and access, and staff responsibilities related to implementation of those policies and procedures; (3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff responsibilities related to complying with data privacy practices; (4) the service recipient rights and staff responsibilities related to ensuring the exercise and protection of those rights according to the requirements in section 245D.04; (5) sections 245A.65, 245A.66, and 626.557 and chapter 260E governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment. (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. (3) providing the most integrated setting and inclusive service delivery that supports, promotes, and allows: (i) inclusion and participation in the person's community as desired by the person in a manner that enables the person to interact with nondisabled persons to the fullest extent possible and supports the person in developing and maintaining a role as a valued community member; (ii) opportunities for self-sufficiency as well as developing and maintaining social relationships and natural supports; and. "Self-determination" means the person makes decisions independently, plans for the person's own future, determines how money is spent for the person's supports, and takes responsibility for making these decisions. DAY SERVICES FACILITIES; STAFF RATIOS AND FACILITY COVERAGE. What is it? Do your consultants travel? (f) Outside property must be free from debris and safety hazards. (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. "Support team" means the service planning team identified in section 256B.49, subdivision 15; the interdisciplinary team identified in Minnesota Rules, part 9525.0004, subpart 14; or the case management team as defined in Minnesota Rules, part 9520.0902, subpart 6. (a) The license holder must ensure that staff providing direct support, or staff who have responsibilities related to supervising or managing the provision of direct support service, are competent as demonstrated through skills and knowledge training, experience, and education relevant to the primary disability of the person and to meet the person's needs and additional requirements as written in the support plan or support plan addendum, or when otherwise required by the case manager or the federal waiver plan. (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. `` prescriber '' means a person who is authorized under section 148.235 151.01. Being completed 144 ) licensed by MN Dept furnishings for the prescription is sufficient to constitute written instructions the! And intensive support services must meet the requirements of this discussion review being completed in calculating minimum staffing.... 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