If, at the time of the service suspension or at any time during the suspension, the person is receiving treatment related to the conduct that resulted in the service suspension, the support team or expanded support team must consider the recommendation of the licensed health professional, mental health professional, or other licensed professional involved in the person's care or treatment when determining whether the person no longer poses an imminent risk of physical harm to self or others and can return to the program. INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY REPORT. The support plan or support plan addendum must include a summary of this discussion. Directory, Legislative Monitoring emergency use of manual restraint. Food must be obtained, handled, and properly stored to prevent contamination, spoilage, or a threat to the health of a person. The 245D "HCBS Waiver" license is issued by DHS under the Medicaid program ("Medical Assistance" in Minnesota). Behavioral Supports. Programs, Pronunciation (d) Unless otherwise documented through assessment as a safety concern for the person, each person must be provided with the following furnishings: (1) a separate bed of proper size and height for the convenience and comfort of the person, with a clean mattress in good repair; (2) clean bedding appropriate for the season for each person; (3) an individual cabinet, or dresser, shelves, and a closet, for storage of personal possessions and clothing; and. (c) The staff person must review and receive instruction on the person's support plan or support plan addendum as it relates to the responsibilities assigned to the license holder, and when applicable, the person's individual abuse prevention plan, to achieve and demonstrate an understanding of the person as a unique individual, and how to implement those plans. (3) the notice must include the reason for the action, a summary of actions taken to minimize or eliminate the need for temporary service suspension as required under this paragraph, and why these measures failed to prevent the suspension. PSYCHOTROPIC MEDICATION USE AND MONITORING. These policies meet the DHS guidelines for the policies that must be submitted, and also include forms to guide the provider in maintaining compliance. (iii) a balance between risk and opportunity, meaning the least restrictive supports or interventions necessary are provided in the most integrated settings in the most inclusive manner possible to support the person to engage in activities of the person's own choosing that may otherwise present a risk to the person's health, safety, or rights. (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. The facility must have a flashlight and a portable radio or television set that do not require electricity and can be used if a power failure occurs. Schedule, Legislative (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. Valid driver's license, acceptable driving record, and auto . The license holder must not refuse to admit a person based solely on the type of residential services the person is receiving, or solely on the person's severity of disability, orthopedic or neurological handicaps, sight or hearing impairments, lack of communication skills, physical disabilities, toilet habits, behavioral disorders, or past failure to make progress. 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. (3) there is an agreement signed by the license holder, the prescriber, and the person or the person's legal representative specifying what injections may be given, when, how, and that the prescriber must retain responsibility for the license holder's giving the injections. (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. If the direct support staff has a first aid certification, annual training under subdivision 4, clause (9), is not required as long as the certification remains current. A positive support professional 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: (4) measurement of behavior and interpretation of data; (5) selecting intervention outcomes and strategies; (6) behavior reduction and elimination strategies that promote least restrictive approved alternatives; (10) co-occurring mental disorders or neurocognitive disorder; (11) demonstrated expertise with populations being served; and. Laws, Statutes, 1Sp2019 c 9 art 5 s 19; 2022 c 98 art 4 s 14. This chapter may be cited as the "Home and Community-Based Services Standards" or "HCBS Standards.". (c) The facility must maintain in a permanent file the reports of health, fire, and other safety inspections. 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. "Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative. Senate, Secretary (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. (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. (b) If responsibility for medication assistance is assigned to the license holder in the support plan or the support plan addendum, the license holder must ensure that medication assistance is provided in a manner that enables a person to self-administer medication or treatment when the person is capable of directing the person's own care, or when the person's legal representative is present and able to direct care for the person. If you do NOT hold a 245D-HCBS license and want . (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. 41 Flint River Road, Riverdale, GA 30274 is a single family home listed for sale at $65,000. (3) the summary of the expanded support team review required under subdivision 7. Session Daily, Senate Media The results must be reviewed by the support team or expanded support team as part of a service plan review. (c) A family adult foster care site controlled by a license holder providing services governed by this chapter is exempt from compliance with Minnesota Rules, parts 9555.6185; 9555.6225, subpart 8; 9555.6245; 9555.6255; and 9555.6265. Introductions, Fiscal Emergency use of manual restraints policy and procedures. "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. For purposes of this chapter, "case manager" includes case management services as defined in Minnesota Rules, part 9520.0902, subpart 3. 1. The license holder must allow for locked storage of personal items. Person requiring staff ratio of one to eight. A license holder that has been denied a certification or that has had a certification removed may again request certification when the license holder is in compliance with the requirements of section 245A.03, subdivision 6a, paragraph (b). 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. (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. Library, House (7) a copy of the report must be maintained in the person's service recipient record. A person who does not have any of the characteristics described in subdivision 4 or 5 must be assigned a staff ratio requirement of one to six. (a) A license holder approved for alternative licensing inspection under this section is required to maintain compliance with all licensing standards according to this chapter. (ii) service suspension and termination policy and procedure required under subdivision 3. "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. "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. (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. Person requiring staff ratio of one to six. Documentation must include an assessment of the person with respect to the characteristics in subdivisions 4, 5, and 6. The support plan addendum must include a summary of this discussion. Contact Accra Information, Caucuses - (iii) techniques that are consistent with the person's communication mode and learning style; (2) the measurable and observable criteria for identifying when the desired outcome has been achieved and how data will be collected; (3) the projected starting date for implementing the supports and methods and the date by which progress towards accomplishing the outcomes will be reviewed and evaluated; and. Minimum of 2 years experience in software compliance or contract negotiations Understanding of legal and contracting environments Understanding of computer and communications operating environments Excellent verbal and written communication skills Ability to utilize word processing, spreadsheet, and database query tools. (b) The designated manager must be competent to perform the duties as required and must minimally meet the education and training requirements identified in subdivision 2, paragraph (b), and have a minimum of three years of supervisory level experience in a program providing direct support services to persons with disabilities or persons age 65 and older. Except for a license holder who does not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, the license holder must provide and ensure completion of orientation sufficient to create staff competency for direct support staff that combines supervised on-the-job training with review of and instruction in the following areas: (1) the job description and how to complete specific job functions, including: (i) responding to and reporting incidents as required under section 245D.06, subdivision 1; and. Council, Schedules, Calendars, (c) 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 residential supports and 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 out of a community setting controlled by a provider and into a setting not controlled by a provider. (a) The license holder is responsible for meeting health service needs assigned in the support plan or the support plan addendum, consistent with the person's health needs. "Unlicensed staff" means individuals not otherwise licensed or certified by a governmental health board or agency. (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. (iii) data privacy requirements under section 245D.11, subdivision 3. A related person who may be excluded from 245D licensure may be a: Niece or nephew. DAY SERVICES FACILITIES; STAFF RATIOS AND FACILITY COVERAGE. Authorization must be obtained within five working days of service initiation and renewed annually thereafter. Individuals who become ill during the day. 245D.29. 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. The documentation must include the following information: (1) the justification for the restriction based on an assessment of the person's vulnerability related to exercising the right without restriction; (2) the objective measures set as conditions for ending the restriction; (3) a schedule for reviewing the need for the restriction based on the conditions for ending the restriction to occur semiannually from the date of initial approval, at a minimum, or more frequently if requested by the person, the person's legal representative, if any, and case manager; and. disability waivers. Situation 2)Foster care services for persons age 65 or older under the Elderly Waiver (EW) or the Alternative Care. (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). Each incident report must include: (i) the name of the person or persons involved in the incident. (7) the procedures and timelines for conducting the internal review and the expanded support team review, and the person or position responsible for completing the reviews and for ensuring that corrective action is taken or the person's support plan addendum is revised, when determined necessary. Nothing in this paragraph requires the support plan addendum to include the use of technology for the provision of services. Services identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), item (ii), must comply with the requirements in section 245D.07, subdivision 2. Revisor of Statutes, Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. If, within ten working days of the submission of the assessment or support plan addendum, the person or the person's legal representative or case manager has not signed and returned to the license holder the assessment and support plan addendum or has not proposed written modifications to the license holder's submission, the submission is deemed approved and the assessment and support plan addendum become effective and remain in effect until the legal representative or case manager submits a written request to revise the assessment or support plan addendum. Committee (b) The license holder must document the supports and methods to be implemented to support the person and accomplish outcomes related to acquiring, retaining, or improving skills and physical, mental, and emotional health and well-being. 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. Laws, and Rules, Keyword (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. "Supervised living facility" has the meaning given in Minnesota Rules, part 4665.0100, subpart 10. The license holder must correct building and equipment deterioration, safety hazards, and unsanitary conditions. Grandparent. (a) License holders providing basic support services must meet the requirements of this subdivision. 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. 2013 c 108 art 8 s 28; 2014 c 312 art 27 s 77; 2015 c 21 art 1 s 50; 2016 c 158 art 1 s 98; 2022 c 98 art 17 s 26. This notice may be given in conjunction with a notice of temporary service suspension under subdivision 3. A decision to terminate services must be reached in compliance with section 245D.10, subdivision 3. The person must be allowed to accumulate possessions to the extent the residence is able to accommodate them, unless doing so is contraindicated for the person's physical or mental health, would interfere with safety precautions or another person's use of the bedroom, or would violate a building or fire code. and Legislative Business, House The licensing standards in this chapter govern the provision of basic support services and intensive support services. "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. For the purposes of this section, "adjoining lot" means day services facilities that are next door to or across the street from one another. by Topic (Index), Session (b) In addition, a behavior specialist must: (1) have received training prior to hire or within 90 calendar days of hire that includes: (i) a minimum of four hours of training in functional assessment; (iii) ten hours of instruction on design of positive practices behavioral support strategies; and. The Home and Community Based Services ("HCBS") "Waiver" 245D License is issued by DHS under the Medicaid program ("Medical Assistance" in Minnesota). (3) skills necessary to provide appropriate support in instrumental activities of daily living (IADLs) as defined under section 256B.0659, subdivision 1. (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. It is not necessary to identify all persons affected by or involved in an emergency unless the emergency resulted in an incident; (ii) the date, time, and location of the incident or emergency; (iii) a description of the incident or emergency; (iv) a description of the response to the incident or emergency and whether a person's support plan addendum or program policies and procedures were implemented as applicable; (v) the name of the staff person or persons who responded to the incident or emergency; 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. 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. (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. The information on this website is for general information purposes only. 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. Conditions for emergency use of manual restraint. & Task Forces, Bills In Conference DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. 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