Chapter 245D — Home and Community-Based Services Standards
Minnesota Statutes Chapter 245D — Home and Community-Based Services Standards
245D.01
Citation
This chapter is officially called the 'Home and Community-Based Services Standards' or 'HCBS Standards.' It covers the …
245D.02
Definitions
This section defines the key terms used in the HCBS Standards, including what counts as a 'service,' 'direct support …
245D.03
Applicability and Effect
This section lists which services are covered by the HCBS Standards, including day services, residential support, …
245D.04
Service Recipient Rights
Service providers must protect the rights of the people they serve, including the right to be treated with dignity, …
245D.05
Health Services
Providers must do a thorough assessment of each person before starting services and use that assessment to create a …
245D.051
Psychotropic Medication Use and Monitoring
When a person first starts services, the provider and the person's support team must create an individual service plan. …
245D.06
Protection Standards
Providers must use positive support strategies to help people manage their behavior. The use of restraints and other …
245D.061
Emergency Use of Manual Restraints
Emergency use of manual restraints is only allowed when a person's behavior poses an immediate danger. Staff must be …
245D.07
Service Planning and Delivery
Providers must keep their programs safe by following specific health and safety requirements, including having emergency …
245D.071
Service Planning and Delivery; Intensive Support Services
Providers must report certain incidents to the state, the person receiving services, and their family or guardian. …
245D.08
Providers must have enough qualified staff to safely deliver services. This section covers staff qualifications, …
245D.081
Program Coordination, Evaluation, and Oversight
Providers must ensure that direct support staff complete required training, including orientation training before …
245D.09
Staffing Standards
Providers must keep accurate records for each person they serve, including the service plan, assessments, incident …
245D.091
Intervention Services
Providers must maintain administrative records about their program, including staff records, policies and procedures, …
245D.095
Record Requirements
Providers that manage their clients' money or property must follow strict rules to protect those funds. This includes …
245D.10
Policies and Procedures
The commissioner licenses providers of home and community-based services and can impose conditions on a license, deny an …
245D.11
Policies and Procedures; Intensive Support Services
The commissioner can issue correction orders to providers who violate the HCBS standards. If problems are serious, the …
245D.12
Integrated Community Supports; Setting Capacity Report
Some HCBS provisions are specifically excluded from the rulemaking process, meaning the commissioner can implement them …
245D.13
Out-of-home Respite Care Services for Children
This section clarifies the transition from the old chapter 245B standards to the new chapter 245D standards, including …
245D.21
Facility Licensure Requirements and Application Process
Community residential settings and day service facilities must pass fire, health, building, and zoning inspections …
245D.22
Facility Sanitation and Health
Licensed facilities must be kept clean, safe, and in good repair. This section covers rules for maintenance, hazardous …
245D.23
Community Residential Settings; Satellite Licensure Requirements and Application Process
Each community residential setting at a different address needs its own satellite license. These homes are treated as …
245D.24
Community Residential Settings; Physical Plant and Environment
Community residential settings must have proper furnishings, bedrooms with enough space, and personal storage for each …
245D.25
Community Residential Settings; Food and Water
Community residential settings must provide safe drinking water, three nutritious meals per day, and snacks. Food must …
245D.26
Community Residential Settings; Sanitation and Health
Community residential settings must provide clean linens, household supplies, and a clean living environment. This …
245D.261
Community Residential Settings; Remote Overnight Supervision
Community residential settings may use technology for remote overnight supervision instead of having staff on-site, but …
245D.27
Day Services Facilities; Satellite Licensure Requirements and Application Process
Day service providers must get a separate satellite license for each facility where they provide services. If the …
245D.28
Day Services Facilities; Physical Plant and Space Requirements
Day service facilities must have at least 40 square feet of primary space per person and provide each person with …
245D.29
Day Services Facilities; Health and Safety Requirements
Day service facilities must have proper refrigeration for food, drinking water for all participants, a resting area for …
245D.31
Day Services Facilities; Staff Ratios and Facility Coverage
Day service facilities must maintain staff-to-participant ratios based on each person's individual needs. Case managers …
245D.32
Alternative Licensing Inspections
Providers with a strong track record of compliance and a qualifying national accreditation may request an alternative …
245D.33
Adult Mental Health Certification Standards
The commissioner can issue a voluntary mental health certification for providers licensed under this chapter who meet …