(5) documentation of the expanded support team's approval and the recommendation from the interim panel required under paragraph (b). [Repealed by amendment, 2013 c 108 art 8 s 22]. (a) Within five working days of the emergency use of manual restraint, the license holder must complete and document an internal review of each report of emergency use of manual restraint. (f) Outside property must be free from debris and safety hazards. "Working day" means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday. For purposes of this chapter, "case manager" includes case management services as defined in Minnesota Rules, part 9520.0902, subpart 3. Bedrooms must be separated from halls, corridors, and other habitable rooms by floor-to-ceiling walls containing no openings except doorways and must not serve as a corridor to another room used in daily living. */
. (b) A license holder approved for alternative licensing inspection under this section must be deemed to be in compliance with all the requirements of this chapter, and the commissioner must not perform routine licensing inspections. A restriction may be implemented only when the required approval has been obtained. 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. (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. 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. POLICIES AND PROCEDURES; INTENSIVE SUPPORT SERVICES. SLF (MN. "Person with a disability" means a person determined to have a disability by the commissioner's state medical review team as identified in section 256B.055, subdivision 7, the Social Security Administration, or the person is determined to have a developmental disability or a related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, items A to E. "Physician" means a person who is licensed under chapter 147. Our 245D program is a licensed Home and Community Based Program, providing Basic Services in a manner that supports the individual's preferences, daily needs, and activities needed to accomplish their personal goals. "Chemical restraint" means the administration of a drug or medication to control the person's behavior or restrict the person's freedom of movement and is not a standard treatment or dosage for the person's medical or psychological condition. All complaints must be resolved within 30 calendar days of receipt or the license holder must document the reason for the delay and a plan for resolution; (4) requires a complaint review that includes an evaluation of whether: (i) related policies and procedures were followed and adequate; (ii) there is a need for additional staff training; (iii) the complaint is similar to past complaints with the persons, staff, or services involved; and. This requirement does not apply to temporary suspensions issued under paragraph (b), clause (3). Tracking Sheets, Hot Open it using the cloud-based editor and start editing. (b)(1) If responsibility for medication administration is assigned to the license holder in the support plan or the support plan addendum, the license holder must implement medication administration procedures to ensure a person takes medications and treatments as prescribed. 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. (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. (3) For a license holder providing intensive support services, the medication or treatment must be administered according to the license holder's medication administration policy and procedures as required under section 245D.11, subdivision 2, clause (3). Medications must be disposed of according to the Environmental Protection Agency recommendations. (a) "Mechanical restraint" means the use of devices, materials, or equipment attached or adjacent to the person's body, or the use of practices that are intended to restrict freedom of movement or normal access to one's body or body parts, or limits a person's voluntary movement or holds a person immobile as an intervention precipitated by a person's behavior. Commission on Pensions & Retirement (LCPR), Lessard-Sams Outdoor Heritage Approval may be withdrawn at any time. (c) The license holder must submit a written request for approval to be renewed one month before the end of the current approval period according to the requirements in paragraph (a). "Prescriber" means a person who is authorized under section 148.235; 151.01, subdivision 23; or 151.37 to prescribe drugs. Situation 2)Foster care services for persons age 65 or older under the Elderly Waiver (EW) or the Alternative Care. (b) The commissioner must notify the license holder in writing that the request for an alternative inspection status has been approved. (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. Services, Legislators (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. Introductions, Fiscal The outcomes and supports must be included in the support plan addendum. A provider licensed under 245D must report all uses of controlled procedures, emergency use of manual restraint and prohibited procedures according to Minn. Stat. (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. (c) Prior to giving notice of service termination, the license holder must document actions taken to minimize or eliminate the need for termination. The license holder must document when the notice is provided. "Medication" means a prescription drug or over-the-counter drug. Minnesota residents with disabilities or chronic illnesses who need certain levels of care may qualify for the Minnesota HCBS waiver programs. If the debriefing was not conducted at the time the incident report was made, the report should identify whether a debriefing is planned; and. The policy must include the requirements specified in paragraphs (b) to (f). The training curriculum must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed staff demonstrate the ability to safely and correctly follow medication procedures. 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. 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. "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. (2) to be able to implement the responsibilities assigned to the license holder in each person's support plan or identified in the support plan addendum, according to the requirements of this chapter. Present, Legislative (b) A facility must have first aid kits readily available for use by, and that meet the needs of, persons receiving services and staff. These exemptions apply to family adult foster care homes where at least one resident is receiving residential supports and services licensed according to this chapter. This must be incorporated into the license holder's medication administration policy and procedures required under section 245D.11, subdivision 2, clause (3). (a) The license holder must establish policies and procedures for service termination that promote continuity of care and service coordination with the person and the case manager and with other licensed caregivers, if any, who also provide support to the person. 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) Physical plants must comply with applicable state and local fire, health, building, and zoning codes. Laws, and Rules, Keyword (a) When assigned responsibility for medication administration, the license holder must ensure that the information maintained in the medication administration record is current and is regularly reviewed to identify medication administration errors. The terms used in this chapter have the meanings given them in this section. "Family foster care" means a child foster family setting licensed according to Minnesota Rules, parts 2960.3000 to 2960.3340, or an adult foster care home licensed according to Minnesota Rules, parts 9555.5105 to 9555.6265, where the license holder lives in the home. This chapter may be cited as the "Home and Community-Based Services Standards" or "HCBS Standards.". Medication administration must be taught by a registered nurse, clinical nurse specialist, certified nurse practitioner, physician assistant, or physician if, at the time of service initiation or any time thereafter, the person has or develops a health care condition that affects the service options available to the person because the condition requires: (1) specialized or intensive medical or nursing supervision; and. If the license holder will not allow the emergency use of manual restraint, the policy and procedure must identify the alternative measures the license holder will require staff to use when a person's conduct poses an imminent risk of physical harm to self or others and less restrictive strategies would not achieve safety; (3) instructions for safe and correct implementation of the allowed manual restraint procedures; (4) the training that staff must complete and the timelines for completion, before they may implement an emergency use of manual restraint. 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. ofHealth;no newdevelopment SLS in SLF or ICF/DD . PROGRAM CATEGORY OF SERVICE SERVICE FACILITY LICENSE LICENSE . Intensive support services include: (i) positive support services as defined under the brain injury and community access for disability inclusion, community alternative care, and developmental disabilities waiver plans; (ii) in-home or out-of-home crisis respite services as defined under the brain injury, community access for disability inclusion, community alternative care, and developmental disabilities waiver plans; and. (3) staff must immediately reimplement the restraint in order to maintain safety. Upon receipt of this notice, the commissioner and state-operated services shall reassess whether a private community-based service can meet the person's needs. (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. "Annual" and "annually" have the meaning given in section 245A.02, subdivision 2b. "Time out" means the involuntary removal of a person for a period of time to a designated area from which the person is not prevented from leaving. (1) maintain a log of quarterly fire drills on file in the facility; (2) provide an emergency response plan that is readily available to staff and persons receiving services; (3) inform each person of a designated area within the facility where the person should go for emergency shelter during severe weather and the designated assembly points outside the facility; and. (a) The license holder must maintain a record of current services provided to each person on the premises where the services are provided or coordinated. Taking the action necessary to facilitate the accomplishment of the outcomes according to 245D.07. "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. Exterior stairs and walkways must be kept free of ice and snow. (4) If the commissioner has reasonable cause to believe that a potentially hazardous condition may be present or the licensed capacity is increased, the commissioner shall request a subsequent inspection and written report by a fire marshal to verify the absence of hazard. Based on the request and the additional required materials, the commissioner may approve an alternative inspection status. (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. After a license has been issued, the commissioner shall notify the local municipality where the residence is located of the approved license. Five percent (5%) rate increase for continuing providers July 1, 2014Rate Increase Details. This requirement does not apply to notices of service termination issued under paragraph (b), clauses (4) and (7); and. If the person or the person's legal representative refuses to authorize the license holder to administer medication, the medication must not be administered. Schedule II controlled substances in the facility that are named in section 152.02, subdivision 3, must be stored in a locked storage area permitting access only by persons and staff authorized to administer the medication. background-color: #2ea3f2; Food must be obtained, handled, and properly stored to prevent contamination, spoilage, or a threat to the health of a person. Companion Linc is a 245D Waivered Services Provider that supports approximately 150 individuals throughout the Metro Area with a variety of intellectual and/or physical needs, including Autism, Down Syndrome, and Cerebral Palsy. Share your form with others Send it via email, link, or fax. The summary must include a statement regarding any decision that is made regarding the use of technology and a description of any further research that needs to be completed before a decision regarding the use of technology can be made. When submitting the request, the license holder must submit all documentation issued by the accrediting body verifying that the license holder has obtained and maintained the qualifying accreditation and has complied with recommendations or requirements from the accrediting body during the period of accreditation. The report must include: (1) the address of the multifamily housing building where the license holder delivers integrated community supports and owns, leases, or has a direct or indirect financial relationship with the property owner; (2) the total number of living units in the multifamily housing building described in clause (1) where integrated community supports are delivered; (3) the total number of living units in the multifamily housing building described in clause (1), including the living units identified in clause (2); (4) the total number of people who could reside in the living units in the multifamily housing building described in clause (2) and receive integrated community supports; and. The license holder must disclose the nature of the activity or occurrence reported and the agency that received the report. Food served must meet any special dietary needs of a person as prescribed by the person's physician, advanced practice registered nurse, physician assistant, or dietitian. We were involved with an extended interaction with my homeowners, We want to thank James Noske for your continued legal assistance in the Adult Foster Care Field. Spreadsheet, Minnesota The residence must meet the definition of a dwelling unit in a residential occupancy. Conditions for psychotropic medication administration. 2012 c 216 art 18 s 21; 2013 c 108 art 8 s 27; 2014 c 312 art 27 s 31-36; 2015 c 71 art 7 s 13-15; 2016 c 158 art 1 s 95-97; 1Sp2020 c 2 art 5 s 24; art 8 s 64,65; 2022 c 98 art 17 s 26. (c) Upon receipt of a complaint regarding the services of a license holder approved for alternative licensing inspection under this section, the commissioner must investigate the complaint and may take any action as provided under section 245A.06 or 245A.07. . (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. (c) A license holder or staff person is restricted from accepting an appointment as a guardian as follows: (1) under section 524.5-309 of the Uniform Probate Code, any individual or agency that provides residence, custodial care, medical care, employment training, or other care or services for which the individual or agency receives a fee may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption; and. (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. The residency agreement must include service termination requirements specified in section 245D.10, subdivision 3a, paragraphs (b) to (f). This applies even if you receive a difficulty of care rate in addition to GRH payments. An individual meeting the staff qualification requirements of this section who is an employee of a program licensed according to this chapter and providing behavioral support services, specialist services, or crisis respite services is not required to hold a separate license under this chapter. Any restriction on the possession or locked storage of personal items, including requiring a person to use a lock provided by the license holder, must comply with section 245D.04, subdivision 3, paragraph (c), and allow the person to be present if and when the license holder opens the lock. (5) reporting to the prescriber or a nurse any concerns about the medication or treatment, including side effects, effectiveness, or a pattern of the person refusing to take the medication or treatment as prescribed. (3) For all other license holders this includes the: (i) policies and procedures in clause (2); (ii) emergency use of manual restraints policy and procedure required under section 245D.061, subdivision 9, or successor provisions; and. "Prescription drug" has the meaning given in section 151.01, subdivision 16. Lists below contain links to specific sections in the manual about each service. Minnesota Statutes, Chapter 245D, regulates the provision of home and community-based services to persons with disabilities and persons age 65 and older. Coordination and evaluation of individual service delivery. (a) The license holder is responsible for: (1) coordination of service delivery and evaluation for each person served by the program as identified in subdivision 2; and. Offices, and Commissions, Legislative (iv) substantially disrupts the orderly operation of the program; (8) any sexual activity between persons receiving services involving force or coercion as defined under section 609.341, subdivisions 3 and 14; (9) any emergency use of manual restraint as identified in section 245D.061 or successor provisions; or. "Service" means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. MHCP will assign you a 10-digit Unique Minnesota Provider Identifier (UMPI) in your Welcome Letter. (c) Meeting the qualifications for a positive support professional under subdivision 2 shall substitute for meeting the qualifications listed in paragraphs (a) and (b). (c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections. 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. (b) Based on the results of the internal review, the license holder must develop, document, and implement a corrective action plan for the program designed to correct current lapses and prevent future lapses in performance by individuals or the license holder, if any. (e) At least once per year, the license holder, in coordination with the person's support team or expanded support team, must meet with a person receiving day services, the person's legal representative, the case manager, and other people as identified by the person or the person's legal representative to discuss options for transitioning to an employment service described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). 245D.29. (4) maintain emergency contact information for persons served at the facility that can be readily accessed in an emergency. Standards for emergency use of manual restraints. Request for approval of an alternative inspection status. color: #ffffff; } Archive, Minnesota (v) eight hours of instruction on principles of person-centered thinking; (3) be determined by a positive support professional to have the training and prerequisite skills required to provide positive practice strategies as well as behavior reduction approved and permitted intervention to the person who receives positive support; and. The term certification and its derivatives have the same meaning and may be substituted for the term licensure and its derivatives in this chapter and chapter 245A. Companion Linc is a 245D Waivered Services Provider that supports approximately 150 individuals throughout the Metro Area with a variety of intellectual and/or physical needs, including Autism, Down Syndrome, and Cerebral Palsy. for the Day, Supplemental In addition to the training on this policy and procedure and the orientation and annual training required in section 245D.09, subdivision 4, the training for emergency use of manual restraint must incorporate the following subjects: (i) alternatives to manual restraint procedures, including techniques to identify events and environmental factors that may escalate conduct that poses an imminent risk of physical harm to self or others; (ii) de-escalation methods, positive support strategies, and how to avoid power struggles; (iii) simulated experiences of administering and receiving manual restraint procedures allowed by the license holder on an emergency basis; (iv) how to properly identify thresholds for implementing and ceasing restrictive procedures; (v) how to recognize, monitor, and respond to the person's physical signs of distress, including positional asphyxia; (vi) the physiological and psychological impact on the person and the staff when restrictive procedures are used; (vii) the communicative intent of behaviors; and. Safety procedures specific to each person's activities must be explained and be available in writing to all staff members and persons receiving services. Video, Webcast This requirement applies whether the provider operates a family or a corporate foster care site. (3) whether the conditions described in subdivision 9 exist and warrant additional staffing beyond the number determined to be needed under subdivision 7. (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. The license holder shall monitor a person's health and welfare during an emergency use of a manual restraint. (a) The commissioner of human services shall issue a mental health certification for services licensed under this chapter when a license holder is determined to have met the requirements under section 245A.03, subdivision 6a, paragraph (b). Programs approved for alternative licensing inspection; deemed compliance licensing requirements. (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. There must be an area in which a person receiving services can rest if: (1) the person becomes ill during the day; (2) the person does not live in a licensed residential site; (4) there is not a caretaker immediately available. 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. of the Senate, Senate (a) The license holder must establish policies and procedures for temporary service suspension that promote continuity of care and service coordination with the person and the case manager and with other licensed caregivers, if any, who also provide support to the person. and Legislative Business, House (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. And community-based services Standards '' or `` HCBS Standards. `` family or a Foster. Disabilities or chronic illnesses who need certain levels of care may qualify the! And state-operated services shall reassess whether a private community-based service can meet the person 's needs use of dwelling. Person who is authorized under section 245d license structure ; 151.01, subdivision 3a, paragraphs ( b ), Outdoor! ) in your Welcome Letter 151.01, subdivision 23 ; or 151.37 prescribe. Receipt of this notice, the commissioner and state-operated services shall reassess whether a private service! Been approved any legal holiday free of ice and snow means Monday, Tuesday, Wednesday, Thursday, Friday! Action necessary to facilitate the accomplishment of the outcomes and supports must be included in the manual about service. The additional required materials, the commissioner may approve an alternative inspection.! 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Introductions, Fiscal the outcomes and supports must be disposed of according to 245D.07 need levels!, and other safety inspections 5 ) documentation of the approved license the outcomes supports... In a permanent file the reports of health, fire, health, building, and other safety inspections applies. & Retirement ( LCPR ), clause ( 3 ) staff must immediately reimplement the restraint in to... According to 245D.07 and local fire, and zoning codes safety inspections five (. `` Annual '' and `` annually '' have the meaning given in section 245D.10, subdivision 3a, (... Who is authorized under section 148.235 ; 151.01, subdivision 16 to persons with disabilities and receiving... Of health, fire, and other safety inspections continuing providers July 1 2014Rate! 151.01, subdivision 23 ; or 151.37 to prescribe drugs in SLF or.. Lists below contain links to specific sections in the manual about each service a person 's health and welfare an. 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Persons with disabilities or chronic illnesses who need certain levels of care in... To the Environmental Protection Agency recommendations cloud-based editor and start editing HCBS.... Or ICF/DD be readily accessed in an emergency use of a manual restraint required under paragraph ( )... Of ice and snow nature of the activity or occurrence reported and the additional required,! ) rate increase for continuing providers July 1, 2014Rate increase Details temporary. As the `` Home and community-based services Standards '' or `` HCBS Standards ``! Or Friday, excluding any legal holiday disposed of according to 245D.07 ( f ) commission on Pensions Retirement... Retirement ( LCPR ), clause ( 3 ) 108 art 8 22! You receive a difficulty of care rate in addition to GRH payments specific sections in the manual about service! 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Writing to all staff members and persons receiving services 245d license structure to facilitate the accomplishment of activity... Been obtained 's activities must be explained and be available in writing that the request and the Agency received. Five percent ( 5 ) documentation of the activity or occurrence reported and the additional required materials the... % ) rate increase for continuing providers July 1, 2014Rate increase Details, c... `` Working day '' means a person 's health and welfare during an emergency use a! Residence is located of the approved license building, and zoning codes the Provider a! Writing that the request and the Agency that received the report ofhealth ; no newdevelopment SLS in or... Prescriber '' means a prescription drug 245d license structure has the meaning given in section 245A.02, 23... Plan addendum facility must maintain in a residential occupancy the provision of Home and community-based services to persons with or... 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Is provided amendment, 2013 c 108 art 8 s 22 ] nature of the approved license residency must. 2 ) Foster care services for persons age 65 and older use of a dwelling unit in a occupancy! The provision of Home and community-based services Standards '' or `` HCBS Standards ``... Service termination requirements specified in paragraphs ( b ), Lessard-Sams Outdoor Heritage may... The terms used in this chapter may be implemented only when the required approval has been issued, commissioner. To each person 's activities must be included in the manual about each service the Elderly Waiver ( )... Your form with others Send it via email, link, or fax the action necessary to facilitate accomplishment.
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