Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Scope.
The administrative licensing requirements of this part apply to
facilities licensed under parts
2960.0010 to
2960.0290 and programs certified
under parts
2960.0300 to
2960.0710.
Subp. 2.
Application and license
requirements.
A. Except as provided in
Minnesota Statutes, section
241.021
or
245A.03,
subdivision 2, a person, corporation, partnership, voluntary association,
controlling individual, or other organization may operate a program if it is
licensed by the appropriate licensing authority. A license is not transferable
to another individual, corporation, partnership, voluntary association, other
organization, controlling individual, or another location.
B. An applicant must provide the information
in subitems (1) to (7) to the appropriate licensing authority before a license
application will be processed.
(1) The
applicant must submit a license and certification application, on a form
provided by the commissioner of human services or corrections, that includes:
(a) the applicant's name and
address;
(b) the name and location
of the program;
(c) the geographic
area to be served, if applicable;
(d) the type of license or certification
being requested;
(e) the requested
license capacity; and
(f) the age
limits of persons served by the applicant, if applicable.
(2) The applicant must provide the names and
addresses of the owners, board members, or controlling individuals, and an
organizational chart depicting organizational authority over the
program.
(3) A program operating in
Minnesota which has headquarters outside of the state must provide the name of
the Minnesota license holder.
(4)
The applicant must provide statement of intended use for the facility, a
description of the services to be offered, the program's service philosophy,
the target population to be served, and program outcomes.
(5) The applicant must:
(a) document approval of the facility by the
Department of Health or local health inspector, local building code inspector,
and local zoning authority; and
(b)
document inspection and approval of the facility according to Minnesota
Statutes, section
299F.011,
and the Uniform Fire Code by the state fire marshal or a local fire code
inspector who is approved by the state fire marshal; or
(c) document that an appropriate waiver has
been granted to the inspections and approvals in units (a) and (b).
If the commissioner of human services or corrections has reason
to believe that a potentially hazardous condition may exist, or if a license
holder seeks to increase the capacity of a licensed program, the commissioner
of human services or corrections may require the license holder to obtain
renewed inspections and approvals required under units (a) and (b).
(6) The applicant must
perform and document an analysis of the community where the facility will be
located. The analysis must include a description of the neighborhood
surrounding the applicant's proposed facility, which must describe the relevant
neighborhood demographic characteristics. The following nonexclusive list of
topics could be analyzed by the applicant: race; socioeconomic characteristics
of area residents; crime statistics; vehicle traffic on streets near the
proposed facility; proximity of the proposed facility to schools, day care
providers, public transportation, public and private recreation facilities, and
the type and location of neighborhood religious and spiritual organizations;
and information about local business groups, community groups, block clubs, and
service organizations.
(7) The
license holder must discuss with the county social services agency of the
county in which the facility is located, the facility's policy regarding the
county's role in screening facility residents. The facility must document the
contact with the county and any agreement between the county and the facility
regarding the county's role in screening facility residents.
C. An application for licensure is
complete when the applicant signs the license application and submits the
information required in this subpart.
D. In addition to the requirements in item C,
an applicant for Department of Human Services licensure or certification must
pay a licensing fee which is calculated according to parts
9545.2000 to
9545.2040.
E. A license holder must meet the management
and programming standards requirements of Laws 1995, chapter 226, article 3,
section 60, subdivision 2, to obtain a license.
Subp. 3.
Licensure and certification by
Department of Corrections.
License and certification applicants who meet the criteria in
this subpart must submit a completed application to the Department of
Corrections Licensing Unit. The applicant must plan to:
A. primarily serve delinquent children who
are at least ten years old, but younger than 21 years old, in a residential
setting;
B. operate a detention or
group residential facility for children alleged to be delinquent;
C. be certified to provide residential
program services for residents who need correctional programming; or
D. operate a foster care home and have been
licensed as a foster care home by the Department of Corrections under chapter
2925 at the time of the adoption of this chapter.
Subp. 4.
Licensure and certification by
Department of Human Services.
License and certification applicants who meet the criteria in
this subpart must submit a completed application to the Department of Human
Services Licensing Division according to Minnesota Statutes, section
245A.04.
The applicant must plan to:
A. serve
children through the age of 19 in a residential setting if the license holder
meets the criteria in Minnesota Statutes, section
245A.04,
subdivision 11, paragraph (b);
B.
operate a group residential program;
C. obtain certification to provide
residential program services for residents who need chemical dependency
treatment, treatment for severe emotional disturbance, shelter services, or
transitional services; or
D.
operate a foster home.
Subp.
5.
Multiple program certifications.
If an applicant intends to provide multiple treatment services
that are licensed or certified by both the Department of Human Services and the
Department of Corrections, according to subparts
3 and
4, then the Department of
Human Services and the Department of Corrections shall determine which
commissioner will license or certify the applicant.
Subp. 6.
Variance standards.
An applicant or license or certificate holder may request, in
writing, a variance from rule requirements that do not affect the health,
safety, or rights of persons receiving services. A variance request must
include:
A. the part or parts of the
rule for which a variance is sought;
B. the reason why a variance from the
specified provision is sought;
C.
the period of time for which a variance is requested;
D. written approval from the fire marshal,
building inspector, or health authority when the variance request is for a
variance from a fire, building, zoning, or health code; and
E. alternative equivalent measures the
applicant or license holder will take to ensure the health and safety of
residents if the variance is granted.
A variance issued by the Department of Human Services must meet
the requirements of Minnesota Statutes, section
245A.04,
subdivision 9. A variance issued by the Department of Corrections must meet the
requirements of Minnesota Statutes, section
241.021.
The decision of the commissioner of human services or corrections to grant or
deny a variance request is final and not subject to appeal under Minnesota
Statutes, chapter 14.
Subp.
7.
County notification.
Prior to submitting the initial application for licensure or
certification to the licensing agency, the applicant shall notify the county
board of the county in which an applicant intends to operate a program that the
applicant will submit an application form to the commissioner of human services
or corrections. The applicant shall include information about the intended use
of the applicant's facility in the notice to the county.
Subp. 8.
Denial of application.
The commissioner of human services or corrections shall deny a
new license or certificate application if the applicant fails to fully comply
with laws or rules governing the program. Failure to fully comply shall be
indicated by:
A. documentation of
specific facility or program deficiencies that endanger the health or safety of
residents;
B. failure to correct a
hazardous condition or be approved by fire, building, zoning, or health
officials;
C. any other evidence
that the applicant is not in compliance with applicable laws or rules governing
the program;
D. failure to obtain
approval of an on-site school from the Department of Education;
E. documentation of a disqualification of the
applicant for licensure or relicensure, or the controlling individual regarding
a background study which has not been set aside; or
F. failure to submit a completed application.
An applicant whose application was denied by either agency must
not be granted a license by either the Department of Corrections or the
Department of Human Services for two years following a denial, unless the
applicant's subsequent application contains new information which constitutes a
substantial change in the conditions that caused the previous denial. A
negative determination by one agency is proof of denial for both
agencies.
Subp.
9.
Drug or alcohol use prohibited.
An applicant or license holder must have a policy that
prohibits license holders, employees, subcontractors, and volunteers, when
directly responsible for residents, from abusing prescription medication or
being in any manner under the influence of a chemical that impairs or could
impair the person's ability to provide services or care for a resident. The
license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.
Subp.
10.
Policy and procedure review.
The license holder must submit the facility's program policies
and procedures to the commissioner of human services or corrections for
review.
Subp. 11.
License and certification terms.
If the commissioner of human services or corrections determines
that the program complies with all applicable rules and laws, the commissioner
of human services or corrections shall issue a license. The license must
state:
A. the name of the license
holder;
B. the address of the
program;
C. the effective date and
expiration date of the license;
D.
the type of license;
E. the maximum
number and ages of person that may reside at the program;
F. any special conditions of licensure;
and
G. any certification which is
granted to the program.
Subp.
12.
Licensing actions.
The Department of Human Services shall take licensing actions
according to Minnesota Statutes, chapter 245A. The Department of Corrections
shall take licensing actions according to Minnesota Statutes, section
241.021.
Statutory Authority:
L
1995 c 226 art 3
s
60; MS s
241.021;
245A.03;
245A.09
