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. This chapter may be cited as the "Home and Community-Based Services Standards" or "HCBS Standards.". (4) be under the direct supervision of a positive support professional. (c) The license holder must ensure the following information is documented in the person's medication administration record: (1) the information on the current prescription label or the prescriber's current written or electronically recorded order or prescription that includes the person's name, description of the medication or treatment to be provided, and the frequency and other information needed to safely and correctly administer the medication or treatment to ensure effectiveness; (2) information on any risks or other side effects that are reasonable to expect, and any contraindications to its use. Ssa gov 3368. (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. (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. (b) The license holder must maintain information about and report incidents to the person's legal representative or designated emergency contact and case manager within 24 hours of an incident occurring while services are being provided, within 24 hours of discovery or receipt of information that an incident occurred, unless the license holder has reason to know that the incident has already been reported, or as otherwise directed in a person's support plan or support plan addendum. "Mental health crisis intervention team" means a mental health crisis response provider as identified in section 256B.0624. (2) documentation methods the license holder will use to monitor and measure changes in the target symptoms that are to be alleviated by the psychotropic medication if required by the prescriber. (a) Within ten working days of the 45-day planning meeting, the license holder must develop a service plan that documents the service outcomes and supports based on the assessments completed under subdivision 3 and the requirements in section 245D.07, subdivision 1a. 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. (a) Physical plants must comply with applicable state and local fire, health, building, and zoning codes. (4) evaluation of the effectiveness of service delivery, methodologies, and progress on the person's outcomes based on the measurable and observable criteria for identifying when the desired outcome has been achieved according to the requirements in section 245D.07. The license holder must provide services as assigned in the support plan. Refusal to authorize psychotropic medication. (b) The license holder shall provide the setting capacity report on the forms and in the manner prescribed by the commissioner. 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. Session Daily, Senate Media #mc_embed_signup .button { Individual clean bed linens appropriate for the season and the person's comfort, including towels and wash cloths, must be available for each person. The term applies to the use of mechanical restraint used to prevent injury with persons who engage in self-injurious behaviors, such as head-banging, gouging, or other actions resulting in tissue damage that have caused or could cause medical problems resulting from the self-injury. (b) A license holder or staff person may not accept powers-of-attorney from a person receiving services from the license holder for any purpose. 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. Business, Senate The license holder must document the reason for the unplanned or emergency service initiation and maintain the documentation in the person's service recipient record. A person's service-related rights include the right to: (1) participate in the development and evaluation of the services provided to the person; (2) have services and supports identified in the support plan and the support plan addendum provided in a manner that respects and takes into consideration the person's preferences according to the requirements in sections 245D.07 and 245D.071; (3) refuse or terminate services and be informed of the consequences of refusing or terminating services; (4) know, in advance, limits to the services available from the license holder, including the license holder's knowledge, skill, and ability to meet the person's service and support needs; (5) know conditions and terms governing the provision of services, including the license holder's admission criteria and policies and procedures related to temporary service suspension and service termination; (6) a coordinated transfer to ensure continuity of care when there will be a change in the provider; (7) know what the charges are for services, regardless of who will be paying for the services, and be notified of changes in those charges; (8) know, in advance, whether services are covered by insurance, government funding, or other sources, and be told of any charges the person or other private party may have to pay; and. 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. "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. (f) During the service termination notice period, the license holder must: (1) work with the support team or expanded support team to develop reasonable alternatives to protect the person and others and to support continuity of care; (2) provide information requested by the person or case manager; and. 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. Drinking water must be provided in single-service containers or from drinking fountains accessible to all persons. For purposes of this chapter, a day services facility license is a satellite license of the day services program. Medication assistance and administration includes, but is not limited to: (i) providing medication-related services for a person; (v) medication documentation and charting; (vi) verification and monitoring of effectiveness of systems to ensure safe medication handling and administration; (vii) coordination of medication refills; (viii) handling changes to prescriptions and implementation of those changes; (ix) communicating with the pharmacy; and. Audio/Video, Legislative Research, My agency isn't in the metro area. MN-ITS initial user ID, password and registration instructions included in Welcome Letter. 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. 2013 c 108 art 8 s 47; 1Sp2020 c 2 art 8 s 67. Who Represents Please include your county of residence in all communications. Providers may use the DHS sample documents for. The corrective action plan, if any, must be implemented within 30 days of the internal review being completed. (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. Personal health and hygiene items must be stored in a safe and sanitary manner. (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. DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS. 1Sp2019 c 9 art 5 s 19; 2022 c 98 art 4 s 14. (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. Why become a Direct Support Professional (DSP)? "Emergency use of manual restraint" means using a manual restraint when a person poses an imminent risk of physical harm to self or others and is the least restrictive intervention that would achieve safety. (b)(1) The facility must be inspected by a fire marshal or their delegate within 12 months before initial licensure to verify that it meets the applicable occupancy requirements as defined in the State Fire Code and that the facility complies with the fire safety standards for that occupancy code contained in the State Fire Code. If you are providing services that require a 245D license you must apply for a license. For purposes of this chapter, a community residential setting is a satellite of the home and community-based services license. OVERVIEW OF 245D HCBS LICENSE STRUCTURE PROGRAM CATEGORY OF SERVICE SERVICE FACILITY LICENSE LICENSE . (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. Learn more. 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. (2) nonmedical service providers to adapt their services to accommodate the health and safety needs of the person. The names and telephone numbers of each person's representative; physician, advanced practice registered nurse, or physician assistant; and dentist must be readily available. (h) Use of dangerous items or equipment by persons served by the program must be allowed in accordance with the person's support plan addendum or the program abuse prevention plan, if not addressed in the support plan addendum. 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. Schedules, Order of COMMUNITY RESIDENTIAL SETTINGS; PHYSICAL PLANT AND ENVIRONMENT. This service includes how to provide Integrated Community Supports services in your business, leasing property management, rental structure, and how to maximize your waiver services (how it will cover the gap of rent . 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. (b) Chemicals, detergents, and other hazardous or toxic substances must not be stored with food products or in any way that poses a hazard to persons receiving services. Below is a summary of the programs available for license and the checklist to get a license. FosterCare (AFCRule203 & Child Foster Care Rule2960) CRS (MN Statutes,sections 245D.21 - 245D.26) licensed by County. Home and Community Based Services (HCBS) (Waiver) (245D License), Mental Health and Substance Abuse Treatment Providers, Telehealth Law in Minnesota (formerly Telemedicine), Complete the Waiver and Alternative Care (AC), List of Excluded Individuals/Entities (LEIE), Elderly Waiver (EW) and Alternative Care (AC) Program Provider Manual. 2) Complete the 245D Pre-Application Worksheet You will not be submitting this to DHS, but you should fill it out for when you submit your application later as a reference. (b) The commissioner has limited authority to grant approval for the emergency use of procedures identified in subdivision 6 that had been part of an approved positive support transition plan when a person is at imminent risk of serious injury as defined in section 245.91, subdivision 6, due to self-injurious behavior and the following conditions are met: (1) the person's expanded support team approves the emergency use of the procedures; and. (6) notation of when a medication or treatment is started, administered, changed, or discontinued. A license holder providing either basic or intensive supports and services must establish, enforce, and maintain policies and procedures as required in this chapter, chapter 245A, and other applicable state and federal laws and regulations governing the provision of home and community-based services licensed according to this chapter. (3) skills necessary to provide appropriate support in instrumental activities of daily living (IADLs) as defined under section 256B.0659, subdivision 1. disability waivers. If you have a question regarding licensing you can call Department of Human Services at: 651- 431-6500. (b) The license holder must develop, implement, and maintain the following documentation in the person's support plan addendum according to the requirements in sections 245D.07 and 245D.071: (1) a description of the target symptoms that the psychotropic medication is to alleviate; and. color: #ffffff; } (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. Calendar, Senate 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). For purposes of this chapter, "medication" includes dietary supplements. Pets and service animals housed within the residence must be immunized and maintained in good health as required by local ordinances and state law. National regulatory agencies include: United States of America: Division of Licensing and Regulation, U.S. Atomic Energy Commission, Washington 25, D.C. (3) except for a license holder who is the sole direct support staff, periodic performance evaluations completed by the license holder of the direct support staff person's ability to perform the job functions based on direct observation. (ii) the occurrence of possible adverse reactions to the medication or treatment; (5) notation of any occurrence of a dose of medication not being administered or treatment not performed as prescribed, whether by error by the staff or the person or by refusal by the person, or of adverse reactions, and when and to whom the report was made; and. Meetings, Standing Upcoming Meetings, Broadcast TV (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. Situation 1)You are a provider of foster care services that are not funded by one of the disability waivers (BI, CAC. by Topic (Index), Statutes How to Get 245D Waivered Services 1. 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. Availability of current written policies and procedures. Statutes, Chapter 144) licensed by MN Dept. 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. 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. This requirement does not apply to notices of service termination issued under paragraph (b), clauses (4) and (7); and. If a person chooses not to have a piece of required furniture, the license holder must document this choice and is not required to provide the item. The notice must explain the revision that was made and include a copy of the revised policy and procedure. Connect with a social worker Discuss and select which HCBS Waiver best meets your needs Discuss and select services from your specific HCBS Waiver service menu 3. (d) A denial of the certification or the removal of the certification based on a determination that the requirements under section 245A.03, subdivision 6a, paragraph (b), have not been met is not subject to appeal. (3) maintain information about the service suspension, including the written notice of temporary service suspension, in the service recipient record. "Manual restraint" means physical intervention intended to hold a person immobile or limit a person's voluntary movement by using body contact as the only source of physical restraint. "Incident" means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes: (1) serious injury of a person as determined by section 245.91, subdivision 6; (3) any medical emergency, unexpected serious illness, or significant unexpected change in an illness or medical condition of a person that requires the program to call 911; physician, advanced practice registered nurse, or physician assistant treatment; or hospitalization; (4) any mental health crisis that requires the program to call 911, a mental health crisis intervention team, or a similar mental health response team or service when available and appropriate; (5) an act or situation involving a person that requires the program to call 911, law enforcement, or the fire department; (6) a person's unauthorized or unexplained absence from a program; (7) conduct by a person receiving services against another person receiving services that: (i) is so severe, pervasive, or objectively offensive that it substantially interferes with a person's opportunities to participate in or receive service or support; (ii) places the person in actual and reasonable fear of harm; (iii) places the person in actual and reasonable fear of damage to property of the person; or. 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. POLICIES AND PROCEDURES; INTENSIVE SUPPORT SERVICES. 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. The dining area must be furnished to accommodate meals shared by all persons living in the residence. Within five working days of the expanded support team review, the license holder must submit the following to the Department of Human Services, and the Office of the Ombudsman for Mental Health and Developmental Disabilities, as required under section 245.94, subdivision 2a: (1) the report required under subdivision 5; (2) the internal review and the corrective action plan required under subdivision 6; and. Assessments must be conducted annually at a minimum or within 30 days of a written request from the person or the person's legal representative or case manager. (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. The license holder shall complete a monitoring form, approved by the commissioner, for each incident involving the emergency use of a manual restraint. We recommend moving this block and the preceding CSS link to the HEAD of your HTML file. Other representatives with legal authority to make decisions include but are not limited to a health care agent or an attorney-in-fact authorized through a health care directive or power of attorney. The 245D HCBS Waiver license is issued by DHS under the Medicaid program (Medical Assistance in Minnesota). (2) the Health Insurance Portability and Accountability Act of 1996 (HIPAA), to the extent that the license holder performs a function or activity involving the use of protected health information as defined under Code of Federal Regulations, title 45, section 164.501, including, but not limited to, providing health care services; health care claims processing or administration; data analysis, processing, or administration; utilization review; quality assurance; billing; benefit management; practice management; repricing; or as otherwise provided by Code of Federal Regulations, title 45, section 160.103. 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. "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. The residency agreement must include service termination requirements specified in section 245D.10, subdivision 3a, paragraphs (b) to (f). "Prescriber" means a person who is authorized under section 148.235; 151.01, subdivision 23; or 151.37 to prescribe drugs. Reviewing and reporting medication and treatment issues. (v) a medical appointment schedule when the license holder is assigned responsibility for assisting with medical appointments; (4) the person's current support plan or that portion of the plan assigned to the license holder; (5) copies of the individual abuse prevention plan and assessments as required under section 245D.071, subdivisions 2 and 3; (6) a record of other service providers serving the person when the person's support plan or support plan addendum identifies the need for coordination between the service providers, that includes a contact person and telephone numbers, services being provided, and names of staff responsible for coordination; (7) documentation of orientation to service recipient rights according to section 245D.04, subdivision 1, and maltreatment reporting policies and procedures according to section 245A.65, subdivision 1, paragraph (c); (8) copies of authorizations to handle a person's funds, according to section 245D.06, subdivision 4, paragraph (a); (9) documentation of complaints received and grievance resolution; (10) incident reports involving the person, required under section 245D.06, subdivision 1; (11) copies of written reports regarding the person's status when requested according to section 245D.07, subdivision 3, progress review reports as required under section 245D.071, subdivision 5, progress or daily log notes that are recorded by the program, and reports received from other agencies involved in providing services or care to the person; and. 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