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 and …
245D.05
Health Services
When a person's support plan assigns health service needs to the provider, the provider is responsible for meeting them …
245D.051
Psychotropic Medication Use and Monitoring
This section governs how a disability services provider handles psychotropic medications when it is responsible for …
245D.06
Protection Standards
This section sets broad safety and protection standards for disability services providers. It requires providers to …
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
This section requires disability services providers to deliver the services assigned in the person's support plan, using …
245D.071
Service Planning and Delivery; Intensive Support Services
This section sets the planning and delivery requirements for intensive support services. The provider must create an …
245D.08
This section number has no operative statutory text; the page shows only a session law citation (2013 c 108 art 8 s 61) …
245D.081
Program Coordination, Evaluation, and Oversight
This section makes the license holder responsible for coordinating and evaluating each person's services and for overall …
245D.09
Staffing Standards
This section sets staffing standards for license holders, requiring enough qualified, supervised direct support staff to …
245D.091
Intervention Services
This section sets qualifications for staff who provide intervention services, including behavioral support, specialist, …
245D.095
Record Requirements
This section sets the record-keeping requirements for license holders, including keeping service recipient, personnel, …
245D.10
Policies and Procedures
A license holder providing basic or intensive home and community-based supports must establish and maintain written …
245D.11
Policies and Procedures; Intensive Support Services
A license holder providing intensive support services must establish, enforce, and maintain written policies and …
245D.12
Integrated Community Supports; Setting Capacity Report
A license holder providing integrated community supports must submit a setting capacity report to the commissioner so …
245D.13
Out-of-home Respite Care Services for Children
A provider may offer out-of-home respite care services for children only in a licensed setting, unless an exemption …
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 keep any refrigeration used for perishable food at 40 degrees Fahrenheit or less, make …
245D.31
Day Services Facilities; Staff Ratios and Facility Coverage
Facility-based day services must staff according to each participant's assessed needs. At least once a year, the case …
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 …