1.1 .................... moves to amend H. F. No. 245 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to
1.4read:
1.5 Subd. 2.
County fees for background studies and licensing inspections. (a) For
1.6purposes of family and group family child care licensing under this chapter, a county
1.7agency may charge a fee to an applicant or license holder to recover the actual cost of
1.8background studies, but in any case not to exceed $100 annually. A county agency may
1.9also charge a fee to an applicant or license holder to recover the actual cost of licensing
1.10inspections, but in any case not to exceed $150 annually.
1.11 (b) A county agency may charge a fee to a legal nonlicensed child care provider or
1.12applicant for authorization to recover the actual cost of background studies completed
1.13under section
119B.125, but in any case not to exceed $100 annually.
1.14 (c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):
1.15 (1) in cases of financial hardship;
1.16 (2) if the county has a shortage of providers in the county's area;
1.17 (3) for new providers; or
1.18 (4) for providers who have attained at least 16 hours of training before seeking
1.19initial licensure.
1.20 (d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
1.21an installment basis for up to one year. If the provider is receiving child care assistance
1.22payments from the state, the provider may have the fees under paragraph (a) or (b)
1.23deducted from the child care assistance payments for up to one year and the state shall
1.24reimburse the county for the county fees collected in this manner.
1.25 (e) For purposes of adult foster care and child foster care licensing under this
1.26chapter, a county agency may charge a fee to a corporate applicant or corporate license
1.27holder to recover the actual cost of background studies. A county agency may also charge
2.1a fee to a corporate applicant or corporate license holder to recover the actual cost of
2.2licensing inspections, not to exceed $500 annually.
2.3 (f) Counties may elect to reduce or waive the fees in paragraph (e) under the
2.4following circumstances: (1) in cases of financial hardship; (2) if the county has a shortage
2.5of providers in the county's area; or (3) for new providers.
2.6 Sec. 2. Minnesota Statutes 2006, section 256B.0919, is amended by adding a
2.7subdivision to read:
2.8 Subd. 4. County certification; licensed providers; related individual;
2.9developmentally disabled. (a) Notwithstanding any provision to the contrary, a county
2.10may certify an adult foster care license holder to provide foster care services to an
2.11individual with a developmental disability, who is related to the provider, if the following
2.12conditions are met:
2.13 (1) the individual is 18 years of age or older;
2.14 (2) the individual's service plan meets the standards of section 256B.092 and
2.15specifies any special conditions necessary to prevent a conflict of interest for the provider;
2.16 (3) the provider is not the legal guardian or conservator of the related individual;
2.17 (4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to
2.18955.6265, to serve unrelated foster care recipients;
2.19 (5) the provider maintains a license under chapter 245B; and
2.20 (6) the county certifies the provider meets the adult foster care provider standards
2.21established in Minnesota Rules, parts 9555.5105 to 955.6265, for services provided to the
2.22related individual.
2.23 (b) The county shall complete an annual certification review to ensure compliance
2.24with paragraph (a), clauses (1) to (6).
2.25 (c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care
2.26provider certified by the county under this subdivision may be reimbursed for room and
2.27board costs through the group residential housing program.
2.28 Sec. 3. Minnesota Statutes 2006, section 256B.092, is amended by adding a
2.29subdivision to read:
2.30 Subd. 4d. Medicaid reimbursement; licensed provider; related individuals. The
2.31commissioner shall seek a federal amendment to the home and community-based services
2.32waiver for individuals with developmental disabilities, to allow Medicaid reimbursement
2.33for the provision of supported living services to a related individual when the following
2.34conditions have been met:
2.35 (1) the individual is 18 years of age or older;
3.1 (2) the provider is certified initially and annually thereafter, by the county, as
3.2meeting the provider standards established in chapter 245B and the federal waiver plan;
3.3 (3) the provider has been certified by the county as meeting the adult foster care
3.4provider standards established in Minnesota Rules, parts 9555.5105 to 9555.6265;
3.5 (4) the provider is not the legal guardian or conservator of the related individual; and
3.6 (5) the individual's service plan meets the standards of section 256B.092 and
3.7specifies any special conditions necessary to prevent a conflict of interest for the provider."
3.8Delete the title and insert:
3.10relating to human services; allowing counties to recoup costs of background
3.11studies and licensing inspections for foster care providers; allowing the
3.12certification of adult foster care license holders to provide services to certain
3.13related individuals; providing for Medicaid reimbursement; amending Minnesota
3.14Statutes 2006, sections 245A.10, subdivision 2; 256B.0919, by adding a
3.15subdivision; 256B.092, by adding a subdivision."