1.1.................... moves to amend H.F. No. 2294, the delete everything amendment
1.2(H2294DE2), as follows:
1.3Page 24, delete section 2 and insert:

1.4    "Sec. 2. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is
1.5amended to read:
1.6    Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an
1.7initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to
1.82960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
1.99555.6265, under this chapter for a physical location that will not be the primary residence
1.10of the license holder for the entire period of licensure. If a license is issued during this
1.11moratorium, and the license holder changes the license holder's primary residence away
1.12from the physical location of the foster care license, the commissioner shall revoke the
1.13license according to section 245A.07. Exceptions to the moratorium include:
1.14(1) foster care settings that are required to be registered under chapter 144D;
1.15(2) foster care licenses replacing foster care licenses in existence on May 15, 2009,
1.16and determined to be needed by the commissioner under paragraph (b);
1.17(3) new foster care licenses determined to be needed by the commissioner under
1.18paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or
1.19restructuring of state-operated services that limits the capacity of state-operated facilities;
1.20(4) new foster care licenses determined to be needed by the commissioner under
1.21paragraph (b) for persons requiring hospital level care; or
1.22(5) new foster care licenses determined to be needed by the commissioner for the
1.23transition of people from personal care assistance to the home and community-based
1.25(b) The commissioner shall determine the need for newly licensed foster care homes
1.26as defined under this subdivision. As part of the determination, the commissioner shall
1.27consider the availability of foster care capacity in the area in which the licensee seeks to
2.1operate, and the recommendation of the local county board. The determination by the
2.2commissioner must be final. A determination of need is not required for a change in
2.3ownership at the same address.
2.4    (c) Residential settings that would otherwise be subject to the moratorium established
2.5in paragraph (a), that are in the process of receiving an adult or child foster care license as
2.6of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult
2.7or child foster care license. For this paragraph, all of the following conditions must be met
2.8to be considered in the process of receiving an adult or child foster care license:
2.9    (1) participants have made decisions to move into the residential setting, including
2.10documentation in each participant's care plan;
2.11    (2) the provider has purchased housing or has made a financial investment in the
2.13    (3) the lead agency has approved the plans, including costs for the residential setting
2.14for each individual;
2.15    (4) the completion of the licensing process, including all necessary inspections, is
2.16the only remaining component prior to being able to provide services; and
2.17    (5) the needs of the individuals cannot be met within the existing capacity in that
2.19To qualify for the process under this paragraph, the lead agency must submit
2.20documentation to the commissioner by August 1, 2009, that all of the above criteria are
2.22(d) The commissioner shall study the effects of the license moratorium under this
2.23subdivision and shall report back to the legislature by January 15, 2011. This study shall
2.24include, but is not limited to the following:
2.25(1) the overall capacity and utilization of foster care beds where the physical location
2.26is not the primary residence of the license holder prior to and after implementation
2.27of the moratorium;
2.28(2) the overall capacity and utilization of foster care beds where the physical
2.29location is the primary residence of the license holder prior to and after implementation
2.30of the moratorium; and
2.31(3) the number of licensed and occupied ICF/MR beds prior to and after
2.32implementation of the moratorium.
2.33(e) When a foster care recipient moves out of a foster home that is not the primary
2.34residence of the license holder according to section 256B.49, subdivision 15, paragraph
2.35(f), the county shall immediately inform the Department of Human Services Licensing
2.36Division, and the department shall immediately decrease the statewide licensed capacity
3.1for the home foster care settings where the physical location is not the primary residence
3.2of the license holder. A decreased licensed capacity according to this paragraph is not
3.3subject to appeal under this chapter. A needs determination process, managed at the state
3.4level, with county input, will determine where the reduced capacity will occur.
3.5EFFECTIVE DATE.This section is effective the day following final enactment."
3.6Page 45, delete section 15 and insert:

3.7    "Sec. ... Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15,
3.8is amended to read:
3.9    Subd. 15. Individualized service plan; comprehensive transitional service plan;
3.10maintenance service plan. (a) Each recipient of home and community-based waivered
3.11services shall be provided a copy of the written service plan which:
3.12(1) is developed and signed by the recipient within ten working days of the
3.13completion of the assessment;
3.14(2) meets the assessed needs of the recipient;
3.15(3) reasonably ensures the health and safety of the recipient;
3.16(4) promotes independence;
3.17(5) allows for services to be provided in the most integrated settings; and
3.18(6) provides for an informed choice, as defined in section 256B.77, subdivision 2,
3.19paragraph (p), of service and support providers.
3.20(b) In developing the comprehensive transitional service plan, the individual
3.21receiving services, the case manager, and the guardian, if applicable, will identify
3.22the transitional service plan fundamental service outcome and anticipated timeline to
3.23achieve this outcome. Within the first 20 days following a recipient's request for an
3.24assessment or reassessment, the transitional service planning team must be identified. A
3.25team leader must be identified who will be responsible for assigning responsibility and
3.26communicating with team members to ensure implementation of the transition plan and
3.27ongoing assessment and communication process. The team leader should be an individual,
3.28such as the case manager or guardian, who has the opportunity to follow the recipient to
3.29the next level of service.
3.30Within ten days following an assessment, a comprehensive transitional service plan
3.31must be developed incorporating elements of a comprehensive functional assessment and
3.32including short-term measurable outcomes and timelines for achievement of and reporting
3.33on these outcomes. Functional milestones must also be identified and reported according
3.34to the timelines agreed upon by the transitional service planning team. In addition, the
3.35comprehensive transitional service plan must identify additional supports that may assist
4.1in the achievement of the fundamental service outcome such as the development of greater
4.2natural community support, increased collaboration among agencies, and technological
4.4The timelines for reporting on functional milestones will prompt a reassessment of
4.5services provided, the units of services, rates, and appropriate service providers. It is
4.6the responsibility of the transitional service planning team leader to review functional
4.7milestone reporting to determine if the milestones are consistent with observable skills
4.8and that milestone achievement prompts any needed changes to the comprehensive
4.9transitional service plan.
4.10For those whose fundamental transitional service outcome involves the need to
4.11procure housing, a plan for the recipient to seek the resources necessary to secure the least
4.12restrictive housing possible should be incorporated into the plan, including employment
4.13and public supports such as housing access and shelter needy funding.
4.14(c) Counties and other agencies responsible for funding community placement and
4.15ongoing community supportive services are responsible for the implementation of the
4.16comprehensive transitional service plans. Oversight responsibilities include both ensuring
4.17effective transitional service delivery and efficient utilization of funding resources.
4.18(d) Following one year of transitional services, the transitional services planning
4.19team will make a determination as to whether or not the individual receiving services
4.20requires the current level of continuous and consistent support in order to maintain the
4.21recipient's current level of functioning. Recipients who are determined to have not had
4.22a significant change in functioning for 12 months must move from a transitional to a
4.23maintenance service plan. Recipients on a maintenance service plan must be reassessed
4.24to determine if the recipient would benefit from a transitional service plan at least every
4.2512 months and at other times when there has been a significant change in the recipient's
4.26functioning. This assessment should consider any changes to technological or natural
4.27community supports.
4.28(e) When a county is evaluating denials, reductions, or terminations of home and
4.29community-based services under section 256B.49 for an individual, the case manager
4.30shall offer to meet with the individual or the individual's guardian in order to discuss the
4.31prioritization of service needs within the individualized service plan, comprehensive
4.32transitional service plan, or maintenance service plan. The reduction in the authorized
4.33services for an individual due to changes in funding for waivered services may not exceed
4.34the amount needed to ensure medically necessary services to meet the individual's health,
4.35safety, and welfare.
5.1(f) At the time of reassessment, local agency case managers shall assess each
5.2recipient of community alternatives for disabled individuals or traumatic brain injury
5.3waivered services currently residing in a licensed adult foster home that is not the primary
5.4residence of the license holder, or in which the license holder is not the primary caregiver,
5.5to determine if that recipient could appropriately be served in a community-living setting.
5.6If appropriate for the recipient, the case manager shall offer the recipient, through a
5.7person-centered planning process, the option to receive alternative housing and service
5.8options. In the event that the recipient chooses to transfer from the adult foster home,
5.9the vacated bed shall not be filled with another recipient of waiver services and group
5.10residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a),
5.11clauses (3) and (4), and the statewide licensed capacity shall be reduced accordingly. If
5.12the adult foster home becomes no longer viable due to these transfers, the county agency,
5.13with the assistance of the department, shall facilitate a consolidation of settings or closure.
5.14This reassessment process shall be completed by June 30, 2012 2013. The results of the
5.15assessments will be used in the statewide needs determination process. Implementation of
5.16the statewide licensed capacity reduction will begin on July 1, 2013.
5.17EFFECTIVE DATE.This section is effective the day following final enactment."
5.18Renumber the sections in sequence and correct the internal references
5.19Amend the title accordingly