MN HF2456

Establishes new Chapter 245D licensing standards for home and community-based services (HCBS) for persons with disabilities and people age 65 and older, including requirements for service recipient rights, health services, staffing, and protection standards.

Removes respite care exemptions from licensure requirements and removes the 21-28 numbered exclusions from licensure, instead requiring licensing for specific HCBS services including respite, companion services, homemaker services, behavioral programming, and supported employment when provided by non-governmental entities.

Modifies Chapter 245A and 245B requirements including record retention (minimum 5 years), electronic record-keeping standards, incident definitions and reporting, consumer rights protection with restrictions on mail/communication, and prohibits staff from accepting powers-of-attorney or guardianships over service recipients.

Requires Commissioner of Human Services to establish statewide payment methodologies for home and community-based waiver services that reflect reasonable service costs, accommodate supervision and staffing patterns, and maintain budget neutrality; implements phased licensing beginning January 1, 2013 with initial compliance monitoring visits and rate stabilization adjustments limited to 1% annual variation through 2017.

Establishes applicant and license holder training requirements on HCBS standards and requires background studies under Chapter 245C for direct contact staff providing waiver services beginning July 1, 2012.