In addition to the list of budget related issues covered in the ARRM summary dated April 25, 2012, the Legislature also adopted a number of positive licensing and policy items that will impact ARRM members and the people they serve. (We will continue preparing summaries by issue area for future blogs and, when completed, compile them in one document.)
Licensing Issues
- Foster Care Licensing Moratorium: In order to monitor the number of adult foster care beds that are included in the moratorium, license holders will need to indicate if the physical location of the foster care setting is the primary residence of the license holder. This information will be indicated on the license.
- Adult Foster Care License Capacity: The deadline for issuing licenses for five bed adult foster care is extended to June 30, 2016. The Department of Human Services is required to submit a request by December 31, 2012 to amend the DD and CAC waiver plans to allow for payment of services in five bed settings. The changes to the waiver plans for the BI and CADI waivers have already been approved. Facilities will be allowed to continue to operate as five bed programs as long as they continue to comply with all requirements. The option for operating a program with a capacity for five cannot increase the total number of adult foster care beds in the system.
- Residential Support Services: Language has been added so anyone licensed to provide child or adult foster care when the licensed site is not the primary residence of the license holder and meeting the other requirements in 256B.092 subdivision 11, would automatically be considered registered as a provider of residential support services.
- Common Entry Point: There is a requirement for the commissioner to maintain a centralized database for the collection of all common entry point data, including maltreatment report dispositions and appeals data.
- Single Set of Standards: Because the licensing of customized living services is under the jurisdiction of the Department of Health, legislation clarified that these services are not included in the requirement for a single set of standards.
- Data Practices: When a license denial or sanction is based on the determination that the license holder or applicant is responsible for maltreatment, the identity of the applicant or license holder is public data at the time of the license denial or sanction. When a license denial or sanction is based on a determination that the license holder or applicant is disqualified under chapter 245C, the identity of the license holder or applicant and the reason for disqualification are public data at the time of the license denial or sanction.
- Application for Licensure: If an application is submitted that is deficient or incomplete, the commissioner must provide written notice to the applicant identifying the deficiencies. The applicant has 45 days to submit the second complete application. Failure to comply is a basis for license denial. Effective January 1, 2013, the commissioner may require an applicant to demonstrate competence in applicable licensing requirements. The focus of this provision is on applicants who have not been licensed and may lack basic understanding or knowledge of licensing requirements. Applicants for licensure for a non-individual must provide a Minnesota tax ID number, name address and social security number of controlling individuals and the date the background study was initiated for all controlling individuals.
- Background Study Violation Fines: Except for a background study violation involving the failure of a license holder to comply with an order to immediately remove an individual or to provide continuous direct supervision, the commissioner shall not issue a fine to a license holder that self-corrects a background study violation. If a license holder exercises this provision, they may not use it again to avoid a fine unless at least 365 days have passed since the previous self-correction.
- Orientation to risk reduction plans and annual review of plans: Documentation of orientation to the risk reduction plan as well as annual reviews of the plan must be maintained in the personnel file of each mandated reporter.
Policy Issues
- County Notification: The process of “host county concurrence” has been eliminated. If the county of financial responsibility wishes to place someone in another county, the county of financial responsibility must notify the proposed county of service and the placement is to be made cooperatively between the two counties. The county of service shall notify the county of financial responsibility if there are concerns about the chosen provider’s capacity to meet the needs of the person seeking to move to the residential services in another county within 20 days of having received the notification. This notification process applies to home and community based waiver services as well as ICF/DD placements.
- Cost Sharing for Glasses: The $3.00 MA copayment for glasses has been eliminated.
- Terminology Change: Throughout statute the word “traumatic” will be eliminated when it comes before the word “brain”. The term TBI will be replaced with BI.
- Data practices: During an investigation on possible overpayment of public funds to a service provider, the existence and status of an investigation is public data.
Please stay tuned for future blogs that will provide summaries on legislation regarding PCA services, 245D, the comprehensive assessment and background study changes.
If you have questions feel free to contact me at bturner@arrm.org or 651-291-1086, ext. 3.
-- Barb Turner, COO