Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3112 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to behavioral health; the Minnesota Recovery Residence Certification Act;​
33 1.3 establishing a certification system for recovery residences; modifying housing​
44 1.4 support eligibility and regulations; establishing criminal penalties; appropriating​
55 1.5 money; amending Minnesota Statutes 2024, sections 256I.03, by adding​
66 1.6 subdivisions; 256I.04, subdivisions 1, 2a, 2f; 491A.01, by adding a subdivision;​
77 1.7 proposing coding for new law in Minnesota Statutes, chapter 254B.​
88 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
99 1.9 Section 1. [254B.25] SHORT TITLE.​
1010 1.10 Sections 254B.25 to 254B.267 may be referred to as the "Minnesota Recovery Residence​
1111 1.11Certification Act."​
1212 1.12 Sec. 2. [254B.251] DEFINITIONS.​
1313 1.13 Subdivision 1.Scope.The terms used in sections 254B.25 to 254B.267 have the meanings​
1414 1.14given in this section.​
1515 1.15 Subd. 2.Applicant."Applicant" means any individual, organization, or entity who has​
1616 1.16applied for certification of a recovery residence.​
1717 1.17 Subd. 3.Certified recovery residence."Certified recovery residence" means a recovery​
1818 1.18residence that has completed the application process and been approved for certification by​
1919 1.19a certifying organization or that has been automatically certified pursuant to section​
2020 1.20254B.252, subdivision 3.​
2121 1.21 Subd. 4.Certifying organization."Certifying organization" means an organization​
2222 1.22under contract with or otherwise designated by the commissioner and tasked with the​
2323 1.23responsibility of certifying recovery residences under sections 254B.25 to 254B.267.​
2424 1​Sec. 2.​
2525 REVISOR DTT/CH 25-01994​03/12/25 ​
2626 State of Minnesota​
2727 This Document can be made available​
2828 in alternative formats upon request​
2929 HOUSE OF REPRESENTATIVES​
3030 H. F. No. 3112​
3131 NINETY-FOURTH SESSION​
3232 Authored by Gillman and Frederick​04/03/2025​
3333 The bill was read for the first time and referred to the Committee on Human Services Finance and Policy​ 2.1 Subd. 5.Commissioner."Commissioner" means the commissioner of health. The​
3434 2.2commissioner is responsible for the certification of recovery residences under sections​
3535 2.3254B.25 to 254B.267.​
3636 2.4 Subd. 6.Community residence."Community residence" means a residential living​
3737 2.5arrangement for unrelated individuals with disabilities living as a single functional family​
3838 2.6in a single dwelling unit who are in need of the mutual support furnished by other residents​
3939 2.7of the community residence as well as support services, if any, provided by the staff, if any,​
4040 2.8of the community residence. A community residence seeks to emulate a biological family​
4141 2.9to foster normalization of its residents and integrate them into the surrounding community.​
4242 2.10The term does not include any other group living arrangement for unrelated individuals​
4343 2.11who are not disabled.​
4444 2.12 Subd. 7.Co-occurring disorder."Co-occurring disorder" means the coexistence of​
4545 2.13both a mental health and a substance use disorder.​
4646 2.14 Subd. 8.House manager."House manager" means an individual either designated by​
4747 2.15the owner or operator of a certified recovery residence or elected by the residents of a​
4848 2.16certified recovery residence who is the point of contact between residents and the owner or​
4949 2.17operator.​
5050 2.18 Subd. 9.Licensed state drug and alcohol treatment service provider."Licensed state​
5151 2.19drug and alcohol treatment service provider" means any individual or entity who is licensed,​
5252 2.20registered, or certified in Minnesota to treat substance use disorders or who has a Drug​
5353 2.21Addiction Treatment Act of 2000 waiver from the federal Substance Abuse and Mental​
5454 2.22Health Services Administration to treat individuals with opioid use disorder using medications​
5555 2.23approved for that indication by the United States Food and Drug Administration.​
5656 2.24 Subd. 10.National Alliance for Recovery Residences or NARR."National Alliance​
5757 2.25for Recovery Residences" or "NARR" is a nonprofit organization with a nationally recognized​
5858 2.26standard for the certification of recovery residences that works with and supports​
5959 2.27state-affiliated organizations.​
6060 2.28 Subd. 11.Operator."Operator" means the lawful owner or lessee of a recovery residence​
6161 2.29or a person employed and designated by the owner or lessee of the recovery residence to​
6262 2.30have primary responsibility for oversight of the recovery residence, including but not limited​
6363 2.31to hiring and termination of recovery residence staff, recovery residence maintenance, and​
6464 2.32responding to complaints being investigated by the commissioner. This term does not apply​
6565 2.33to a level 1 recovery residence.​
6666 2​Sec. 2.​
6767 REVISOR DTT/CH 25-01994​03/12/25 ​ 3.1 Subd. 12.Recovery."Recovery" means a process of change through which individuals​
6868 3.2improve their health and wellness, live a self-directed life, and strive to reach their full​
6969 3.3potential.​
7070 3.4 Subd. 13.Recovery peer."Recovery peer" means a person who is qualified according​
7171 3.5to section 245I.04, subdivision 18, to provide peer recovery support services within the​
7272 3.6scope of practice provided under section 245I.04, subdivision 19.​
7373 3.7 Subd. 14.Recovery residence.(a) "Recovery residence" means a type of community​
7474 3.8residence that provides a safe, healthy, family-like, substance-free living environment that​
7575 3.9supports individuals in recovery from substance use disorder.​
7676 3.10 (b) Recovery residences:​
7777 3.11 (1) emulate a biological family;​
7878 3.12 (2) are centered on peer support and community integration;​
7979 3.13 (3) benefit individuals in recovery by reinforcing the skills and choices that help support​
8080 3.14sustained recovery from substance use disorder and providing a supportive peer community​
8181 3.15to which residents are accountable, and ensuring access to mutual aid groups, recovery​
8282 3.16support services, and other needed services and supports; and​
8383 3.17 (4) may be located in single-family homes, multi-family dwellings, and mixed-use​
8484 3.18structures.​
8585 3.19 Subd. 15.Recovery residence registry."Recovery residence registry" means the list​
8686 3.20of recovery residences maintained by the commissioner that have applied for certification​
8787 3.21and have been approved or denied by the commissioner or from whom the commissioner​
8888 3.22has revoked certification.​
8989 3.23 Subd. 16.Resident."Resident" means an individual who resides in a recovery residence.​
9090 3.24 Subd. 17.Staff."Staff" means employees, contractors, or volunteers who provide​
9191 3.25monitoring, assistance, or other services for the use and benefit of a recovery residence and​
9292 3.26its residents. This term may include but is not limited to a house manager, recovery peers,​
9393 3.27and on-site counselors.​
9494 3.28 Subd. 18.Substance free."Substance free" means being free from the use of alcohol,​
9595 3.29illicit drugs, and the illicit use of prescribed drugs. This term does not prohibit medications​
9696 3.30prescribed, dispensed, or administered by a licensed health care professional, such as​
9797 3.31pharmacotherapies specifically approved by the United States Food and Drug Administration​
9898 3.32(FDA) for treatment of a substance use disorder as well as other medications approved by​
9999 3​Sec. 2.​
100100 REVISOR DTT/CH 25-01994​03/12/25 ​ 4.1the FDA for the treatment of co-occurring disorders, when such medications are taken as​
101101 4.2directed.​
102102 4.3 Subd. 19.Substance use disorder."Substance use disorder" means a pattern of use of​
103103 4.4alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria​
104104 4.5delineated in the latest edition of the Diagnostic and Statistical Manual of Disorders of the​
105105 4.6American Psychiatric Association.​
106106 4.7 Sec. 3. [254B.252] CERTIFICATION OF RECOVERY RESIDENCES.​
107107 4.8 Subdivision 1.In general.The commissioner shall establish and provide for the​
108108 4.9administration of a voluntary training and certification program for operators of recovery​
109109 4.10residences seeking certification under this section. The commissioner shall approve, contract​
110110 4.11with, or otherwise officially designate a certifying organization to perform one or more of​
111111 4.12the functions of the commissioner pursuant to this section or shall otherwise delegate such​
112112 4.13functions to the approved certifying organization. The approved certifying organization​
113113 4.14must be a nonprofit organization based in Minnesota and maintain a formal affiliate​
114114 4.15relationship with the organization maintaining the national standard selected by the​
115115 4.16commissioner.​
116116 4.17 Subd. 2.Maintenance of standards.The commissioner shall designate the national​
117117 4.18standard to be used by the certification program established pursuant to this section and the​
118118 4.19designated certifying organization shall maintain those standards and practices.​
119119 4.20 Subd. 3.Automatic certification.A recovery residence that has received a certificate​
120120 4.21or charter from the certifying organization and that provides documentation of the charter​
121121 4.22as required under subdivision 4, clause (11), does not need to meet any other requirements​
122122 4.23for certification, and the commissioner shall issue a certification under this section.​
123123 4.24Residences under this subdivision are not subject to inspections under subdivision 7 or 8.​
124124 4.25 Subd. 4.Application requirements.Applications for certification under this section​
125125 4.26must contain at a minimum:​
126126 4.27 (1) the name of the individual or organization applying for certification;​
127127 4.28 (2) the proposed name, if any, of the recovery residence;​
128128 4.29 (3) the address and telephone number of the recovery residence;​
129129 4.30 (4) the applicant's address and telephone number, if different from the address and​
130130 4.31telephone number of the recovery residence;​
131131 4​Sec. 3.​
132132 REVISOR DTT/CH 25-01994​03/12/25 ​ 5.1 (5) the applicant's email address or, if an organization, the email address of the person​
133133 5.2responsible for the application;​
134134 5.3 (6) the name and contact information of the applicant's parent organization, if applicable;​
135135 5.4 (7) the maximum number of residents to be housed in the recovery residence;​
136136 5.5 (8) the square footage of space per person per bedroom;​
137137 5.6 (9) the name, address, and telephone number of the operator of the recovery residence,​
138138 5.7if different than the applicant;​
139139 5.8 (10) the applicant's signature and date signed;​
140140 5.9 (11) if the applicant qualifies under subdivision 3, documentation of a charter from the​
141141 5.10certifying organization; and​
142142 5.11 (12) any other information required by the certifying organization.​
143143 5.12 Subd. 5.Application documents.Except for applicants pursuant to subdivision 3, an​
144144 5.13applicant must submit at a minimum the following documents with the completed application​
145145 5.14and fee:​
146146 5.15 (1) if the premises for the recovery residence is leased, documentation from the owner​
147147 5.16that the applicant has permission from the owner to operate a recovery residence on the​
148148 5.17premises;​
149149 5.18 (2) a policy and procedures manual, if applicable;​
150150 5.19 (3) rules for residents;​
151151 5.20 (4) copies of all forms provided to residents, including but not limited to the recovery​
152152 5.21residence's medication, drug-testing, return-to-use, refund, and eviction or transfer policies;​
153153 5.22 (5) a copy of the resident fee schedule;​
154154 5.23 (6) proof of business insurance, including any general liability insurance, appropriate​
155155 5.24to the services provided, if applicable; and​
156156 5.25 (7) proof of completed background checks pursuant to chapter 245C.​
157157 5.26 Subd. 6.Application fee.Applicants shall submit a nonrefundable application fee in an​
158158 5.27amount to be determined by the certifying organization that shall be paid directly to the​
159159 5.28certifying organization for use by the organization to administer sections 254B.25 to​
160160 5.29254B.267.​
161161 5​Sec. 3.​
162162 REVISOR DTT/CH 25-01994​03/12/25 ​ 6.1 Subd. 7.Inspection pursuant to application.Upon receiving a completed application,​
163163 6.2the certifying organization shall conduct an on-site inspection of the recovery residence to​
164164 6.3ensure the residence is in compliance with the requirements of sections 254B.25 to 254B.267.​
165165 6.4 Subd. 8.Ongoing inspections.The certifying organization shall inspect each certified​
166166 6.5recovery residence at least once every two years to ensure continued compliance and may​
167167 6.6conduct additional inspections to confirm correction of any deficiencies or for the purpose​
168168 6.7of investigating a complaint.​
169169 6.8 Subd. 9.Correction of deficiencies in application.If the certifying organization​
170170 6.9identifies a deficiency in an application, the applicant has 30 days from the date of the​
171171 6.10notification of the deficiency to correct the deficiency, unless an extension is granted by​
172172 6.11the certifying organization.​
173173 6.12 Subd. 10.Correction of deficiencies.If the certifying organization becomes aware of​
174174 6.13a deficiency during the application process, through a subsequent inspection, or as a result​
175175 6.14of a verified complaint from a resident or staff member, the certifying organization shall​
176176 6.15require the recovery residence to submit a plan of action to correct the deficiency within a​
177177 6.16specified time period. The plan of action must include the steps that will be taken by the​
178178 6.17recovery residence or its operator to correct the deficiency and the time frame for making​
179179 6.18the corrections. The certifying organization shall establish the deadline for submission of​
180180 6.19the plan of action based on each residence's specific circumstances and the deficiencies​
181181 6.20required to be corrected.​
182182 6.21 Subd. 11.Certification.The certifying organization shall certify a recovery residence​
183183 6.22upon approval of the application and inspection. Applications must be approved or denied​
184184 6.23within 30 days of receiving all required documentation and completing the required​
185185 6.24inspection. The certification automatically terminates two years after issuance if the certifying​
186186 6.25organization does not renew the certification or grant an extension. Upon certification, the​
187187 6.26certifying organization shall issue the recovery residence a proof of certification.​
188188 6.27 Subd. 12.Content of proof of certification.The proof of certification issued to the​
189189 6.28recovery residence must include:​
190190 6.29 (1) the name of the holder of the certification, which may be the individual applicant or​
191191 6.30the name of the parent organization;​
192192 6.31 (2) the address of the certified recovery residence;​
193193 6.32 (3) the maximum number of persons to reside in the recovery residence; and​
194194 6.33 (4) the expiration date.​
195195 6​Sec. 3.​
196196 REVISOR DTT/CH 25-01994​03/12/25 ​ 7.1 Subd. 13.Display of proof of certification.A recovery residence must publicly display​
197197 7.2a proof of certification in the recovery residence.​
198198 7.3 Subd. 14.Nontransferable.Certifications issued pursuant to this section cannot be​
199199 7.4transferred to an address other than the address in the application. An entity operating a​
200200 7.5recovery residence must apply for a new certification if there is a material change in the​
201201 7.6ownership or control of the entity.​
202202 7.7 Subd. 15.Required residency agreement provisions.In order to be certified under​
203203 7.8sections 254B.25 to 254B.267, a residency agreement between a resident and an owner or​
204204 7.9operator must contain:​
205205 7.10 (1) the recovery residence's termination and return-to-use policies;​
206206 7.11 (2) a notice that normal landlord-tenant protections do not apply to certified recovery​
207207 7.12residences and that if the resident violates the agreement, the resident may be removed​
208208 7.13within 24 hours;​
209209 7.14 (3) the length of time the recovery residence will keep the resident's property if the​
210210 7.15resident is terminated or vacates the property. The timelines under this clause must be no​
211211 7.16shorter than those in section 254B.255, subdivision 4; and​
212212 7.17 (4) the recovery residence's medication storage policies.​
213213 7.18 Subd. 16.Background checks.All controlling individuals, as defined in section 245A.02,​
214214 7.19subdivision 5a, of an applicant recovery residence must complete a background check under​
215215 7.20chapter 245C. This subdivision does not apply to recovery residences certified pursuant to​
216216 7.21subdivision 3.​
217217 7.22 Subd. 17.Removal of owner, operator, director, or chief financial officer.(a) A​
218218 7.23recovery residence may not be certified if, for a controlling individual: (1) less than five​
219219 7.24years have passed since the discharge of the sentence imposed, if any, for the offense; and​
220220 7.25(2) the individual has committed a violation of section: 254B.265 (patient brokering); 256.98​
221221 7.26(wrongfully obtaining assistance); 268.182 (fraud); 609.2325 (criminal abuse of a vulnerable​
222222 7.27adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report​
223223 7.28maltreatment of a vulnerable adult); 609.466 (medical assistance fraud); or 609.527 (identity​
224224 7.29theft).​
225225 7.30 (b) If a controlling individual commits any of the crimes listed in paragraph (a), the​
226226 7.31certified recovery residence must immediately remove the controlling individual from any​
227227 7.32operating authority, begin removing or divesting the individual as a controlling individual,​
228228 7.33and notify the certifying organization.​
229229 7​Sec. 3.​
230230 REVISOR DTT/CH 25-01994​03/12/25 ​ 8.1 (c) The certifying organization shall suspend the certification of any recovery residence​
231231 8.2that fails to comply with this subdivision.​
232232 8.3 (d) For the purpose of this subdivision, a violation of the crimes listed in paragraph (a)​
233233 8.4includes:​
234234 8.5 (1) a controlling individual's aiding and abetting, attempt, or conspiracy to commit any​
235235 8.6of the offenses listed in paragraph (a);​
236236 8.7 (2) an individual's offense in any other state or country where the elements of the offense​
237237 8.8are substantially similar to any of the offenses listed in paragraph (a); and​
238238 8.9 (3) a judicial determination other than a conviction.​
239239 8.10 Subd. 18.Renewal application.At least 30 days prior to the expiration of certification,​
240240 8.11a certified recovery residence shall submit a renewal application and any required fee to​
241241 8.12the certifying organization in a format required by the certifying organization. Upon​
242242 8.13inspection and determination by the certifying organization that the recovery residence​
243243 8.14continues to meet the requirements of sections 254B.25 to 254B.267, the certifying​
244244 8.15organization shall reissue a certification for a period of two years.​
245245 8.16 Subd. 19.Online applications.The certifying organization shall allow applicants to​
246246 8.17submit initial and renewal applications through an online portal that includes the ability to​
247247 8.18upload supporting documentation and electronically pay any fees.​
248248 8.19 Subd. 20.Online registry.The commissioner or certifying organization shall publish​
249249 8.20and maintain a publicly accessible online registry of all certified recovery residences through​
250250 8.21the commissioner's or certifying organization's website. The recovery residence registry​
251251 8.22must be updated at least weekly.​
252252 8.23 Subd. 21.Denial of applications.(a) The certifying organization may deny an application​
253253 8.24if:​
254254 8.25 (1) the applicant does not meet the requirements of sections 254B.25 to 254B.267 or​
255255 8.26the rules adopted pursuant to section 254B.254; or​
256256 8.27 (2) the applicant, owner, or operator provides materially false or misleading information​
257257 8.28on an initial or renewal application.​
258258 8.29 (b) If an application is denied pursuant to paragraph (a), clause (1), the certifying​
259259 8.30organization must notify the recovery residence of the reason for denial and require the​
260260 8.31residence to submit a plan of action under subdivision 10 to correct the deficiency by a​
261261 8.32specified date. If the recovery residence follows the action plan and corrects the deficiency,​
262262 8​Sec. 3.​
263263 REVISOR DTT/CH 25-01994​03/12/25 ​ 9.1the certifying organization must reinspect the residence and certify the recovery residence​
264264 9.2if it meets the requirements of sections 254B.25 to 254B.267 and the rules adopted pursuant​
265265 9.3to section 254B.254.​
266266 9.4 Subd. 22.Uncertified recovery residences.Nothing in sections 254B.25 to 254B.267​
267267 9.5prohibits a recovery residence that is not certified from operating or advertising as an​
268268 9.6uncertified recovery residence or from offering residence to persons recovering from​
269269 9.7substance use disorder.​
270270 9.8 Sec. 4. [254B.253] SERVICES OFFERED AND LEVELS OF SUPPORT.​
271271 9.9 (a) The certifying organization shall certify applicants as level 1, peer run; level 2,​
272272 9.10monitored; or level 3, supervised recovery residences, as provided in this section.​
273273 9.11 (b) A level 1 peer-run recovery residence provides no on-site paid staff or operator of​
274274 9.12the recovery residence. A level 1 recovery residence is self-governed and democratically​
275275 9.13run. No on-site services are provided at a level 1 recovery residence, and no paid staff live​
276276 9.14or work within the residence.​
277277 9.15 (c) A level 2 monitored residence provides an on-site house manager or managers who​
278278 9.16may be compensated by free or reduced recovery residence fees. Residents participate in​
279279 9.17the governance of the residence in concert with the recovery residence staff and operator.​
280280 9.18A level 2 recovery residence provides community or house meetings, peer recovery supports,​
281281 9.19and involvement in self-help or off-site treatment services.​
282282 9.20 (d) A level 3 supervised recovery residence provides a paid house manager, administrative​
283283 9.21support, and a certified peer recovery support service provider. Resident participation in​
284284 9.22level 3 recovery residence governance varies, with most limited to senior resident​
285285 9.23participation. A level 3 recovery residence is affiliated with mutual support groups and​
286286 9.24clinical services in the community and provides community or house meetings, peer recovery​
287287 9.25supports, peer or professional life skills training on site, and peer recovery support services.​
288288 9.26A level 3 recovery residence may also provide other programmatic services, delivered by​
289289 9.27either peer or paid staff, but does not offer clinical services.​
290290 9.28 Sec. 5. [254B.254] RECOVERY RESIDENCE RULES.​
291291 9.29 The commissioner must incorporate standards adopted by the certifying organization​
292292 9.30into Minnesota Rules by reference. The standards must be based on standards issued by a​
293293 9.31national standard-setting body and meet the requirements of section 14.07, subdivision 4.​
294294 9.32If the certifying organization's standards do not meet the requirements of section 14.07,​
295295 9​Sec. 5.​
296296 REVISOR DTT/CH 25-01994​03/12/25 ​ 10.1subdivision 4, the commissioner shall adopt rules based on the certifying organization's​
297297 10.2standards.​
298298 10.3 Sec. 6. [254B.255] TERMINATION OF RESIDENCY AND EVICTION.​
299299 10.4 Subdivision 1.In general.Notwithstanding any other provision of law or any rights or​
300300 10.5obligations under chapter 504B, a certified recovery residence may terminate a resident's​
301301 10.6residency for a substantial violation of the residency agreement.​
302302 10.7 Subd. 2.Writ of recovery.(a) If a resident substantially violates a residency agreement,​
303303 10.8a certified recovery residence may file a petition in district court or, if in Hennepin or Ramsey​
304304 10.9County, in housing court for a writ of recovery. The certified recovery residence must​
305305 10.10include with the petition:​
306306 10.11 (1) a copy of the residency agreement signed by the resident;​
307307 10.12 (2) a copy of the recovery residence's proof of certification; and​
308308 10.13 (3) an affidavit by an owner or operator of the facts that demonstrate a substantial​
309309 10.14violation of the residency agreement and that the resident has been notified in writing of​
310310 10.15their termination and the timelines under this section.​
311311 10.16 (b) When the court receives a petition that meets the requirements of this section and​
312312 10.17the court confirms that the recovery residency is currently certified in the recovery residence​
313313 10.18registry, the court must issue a writ of recovery no sooner than 24 hours excluding weekends​
314314 10.19and no later than 72 hours excluding weekends after the petition was filed.​
315315 10.20 Subd. 3.Appeal.A resident whose tenancy has been terminated by the recovery residence​
316316 10.21under this section may dispute the termination by filing in conciliation court within 30 days​
317317 10.22of the recovery residence a petition under subdivision 2 or, if applicable, the court issuing​
318318 10.23a writ of recovery. During the 30-day window or while a court case disputing the termination​
319319 10.24is open the residence is not required to allow the resident to continue residing on the premises​
320320 10.25but must not allow another or new resident to occupy the resident's room or bed.​
321321 10.26 Subd. 4.Return of property.(a) A resident whose tenancy is terminated pursuant to​
322322 10.27this section or who has voluntarily left the residence permanently may make a written request​
323323 10.28to the recovery residence for the return of any personal property left in the residence by the​
324324 10.29tenant on the resident's departure according to the timeline in the residency agreement,​
325325 10.30which must be at least 30 days from the date of:​
326326 10.31 (1) voluntary departure;​
327327 10.32 (2) termination; or​
328328 10​Sec. 6.​
329329 REVISOR DTT/CH 25-01994​03/12/25 ​ 11.1 (3) final disposition of any court case disputing a termination under this section.​
330330 11.2 (b) Upon receipt of a request under paragraph (a), the recovery residence shall return​
331331 11.3any personal property belonging to the resident within 60 days from the date of the request.​
332332 11.4 (c) The recovery residence is not required to retain the personal property of a resident​
333333 11.5whose tenancy is terminated or who has voluntarily permanently left the residence​
334334 11.6indefinitely, and the recovery residence is not responsible for the relocation, storage, or​
335335 11.7safeguarding of the former resident's property beyond the time period in paragraph (a).​
336336 11.8 Sec. 7. [254B.256] RESIDENTS' RIGHTS.​
337337 11.9 Subdivision 1.In general.The commissioner must implement rules based on nationally​
338338 11.10recognized standards for recovery residents' rights, and the commissioner or certifying​
339339 11.11organization must maintain a list of the resident rights on its website.​
340340 11.12 Subd. 2.Complaint.A resident may file a complaint with the commissioner or certifying​
341341 11.13organization pursuant to section 254B.263 for the failure of a recovery residence to uphold​
342342 11.14the rights implemented pursuant to this section.​
343343 11.15Sec. 8. [254B.257] TRAINING AND TECHNICAL ASSISTANCE.​
344344 11.16 The commissioner or certifying organization shall develop a training and technical​
345345 11.17assistance program for the benefit of recovery residences and certified recovery residences​
346346 11.18to:​
347347 11.19 (1) assist owners, operators, house managers, and other staff with:​
348348 11.20 (i) developing an understanding of the statutes and regulations applicable to recovery​
349349 11.21residences in Minnesota;​
350350 11.22 (ii) completing the application process for certification; and​
351351 11.23 (iii) answering questions regarding the day-to-day operation of recovery residences;​
352352 11.24 (2) assist newly certified recovery residences;​
353353 11.25 (3) encourage consistency in standards among certified recovery residences;​
354354 11.26 (4) improve the quality and effectiveness of recovery residences and their ability to serve​
355355 11.27diverse communities; and​
356356 11.28 (5) promote a collaborative relationship between certified recovery residences and the​
357357 11.29certifying organization.​
358358 11​Sec. 8.​
359359 REVISOR DTT/CH 25-01994​03/12/25 ​ 12.1 Sec. 9. [254B.258] ACCESS TO MEDICATION.​
360360 12.2 Subdivision 1.In general.All certified recovery residences shall ensure that a resident​
361361 12.3who is legitimately prescribed or dispensed medications, including medications for the​
362362 12.4treatment of substance use disorder, from an individual legally authorized to prescribe or​
363363 12.5dispense the medication has access to the medication and is not denied tenancy in a recovery​
364364 12.6residence or made to discontinue the use of the medication in order to stay at the residence.​
365365 12.7 Subd. 2.Security.(a) Certified recovery residences shall implement provisions for the​
366366 12.8safe storage of, and access to, resident medications.​
367367 12.9 (b) Policies under paragraph (a) must not impair the ability of the resident to take such​
368368 12.10medications as prescribed and must be disclosed to the resident at the time of intake.​
369369 12.11Sec. 10. [254B.259] ACCESS TO FUNDING AND REFERRALS.​
370370 12.12 Subdivision 1.Limitation on the use of funds.State, county, and local government​
371371 12.13money, including grant money and federal money administered by the state, used to support​
372372 12.14recovery residences must be available only to recovery residences certified under sections​
373373 12.15254B.25 to 254B.267.​
374374 12.16 Subd. 2.Limitation on referrals.(a) A licensed inpatient or outpatient substance use​
375375 12.17disorder treatment provider or state-funded or state-operated program may not make a​
376376 12.18referral of a prospective, current, or discharged patient to or accept a referral from a recovery​
377377 12.19residence unless, at the time of referral, the recovery residence is certified pursuant to​
378378 12.20sections 254B.25 to 254B.267.​
379379 12.21 (b) For purposes of this section, a licensed inpatient or outpatient substance use disorder​
380380 12.22treatment provider, state-funded or state-operated program, or recovery residence makes a​
381381 12.23referral if the provider or recovery residence informs a patient by any means about the name,​
382382 12.24address, or other details of a recovery residence or provider or informs a provider or recovery​
383383 12.25residence of any identifying details about a patient.​
384384 12.26 Subd. 3.No obligation.Nothing in this section requires a licensed substance use disorder​
385385 12.27treatment provider to refer a patient to or accept a referral from a recovery residence.​
386386 12.28 Subd. 4.Exceptions.Subdivision 2 does not apply to:​
387387 12.29 (1) referrals by a recovery residence to a licensed state drug and alcohol treatment service​
388388 12.30provider when the recovery residence or its owners, directors, operators, or employees do​
389389 12.31not benefit, directly or indirectly, from the referral; and​
390390 12​Sec. 10.​
391391 REVISOR DTT/CH 25-01994​03/12/25 ​ 13.1 (2) the referral of a patient to or acceptance of a referral of a patient from a recovery​
392392 13.2residence:​
393393 13.3 (i) that has no direct or indirect financial or other referral relationship with the licensed​
394394 13.4service provider; and​
395395 13.5 (ii) where the residence or any resident of the residence does not receive a benefit,​
396396 13.6directly or indirectly, for the referral.​
397397 13.7 Sec. 11. [254B.26] LOCAL ZONING.​
398398 13.8 (a) Except as otherwise provided for in sections 254B.25 to 254B.267 and notwithstanding​
399399 13.9any other law or regulation to the contrary, certified recovery residences must be considered​
400400 13.10a permitted single-family residential use of property for the purposes of zoning and other​
401401 13.11land use regulations. Certified recovery residences must not be prohibited by operation of​
402402 13.12restrictive covenants or similar restrictions, regardless of when entered into, that cannot be​
403403 13.13met because of the nature of the certified recovery residence, including provisions that​
404404 13.14require the home's occupants be related, that the home must be occupied by the owner, or​
405405 13.15similar provisions.​
406406 13.16 (b) A restriction, prohibition, or other provision, including provisions related to the​
407407 13.17building or fire codes, is unenforceable if that restriction, prohibition, or provision does not​
408408 13.18also apply to similar types of structures in the same zoning district occupied by a single​
409409 13.19family.​
410410 13.20Sec. 12. [254B.261] DATA COLLECTION.​
411411 13.21 Subdivision 1.In general.(a) Certified recovery residences must submit any of the​
412412 13.22following outcome data on residents to the commissioner:​
413413 13.23 (1) abstinence from substance use;​
414414 13.24 (2) change in employment or education status;​
415415 13.25 (3) change in earnings;​
416416 13.26 (4) housing stability;​
417417 13.27 (5) admissions and readmissions to treatment;​
418418 13.28 (6) criminal justice involvement;​
419419 13.29 (7) child welfare involvement;​
420420 13.30 (8) civic engagement;​
421421 13​Sec. 12.​
422422 REVISOR DTT/CH 25-01994​03/12/25 ​ 14.1 (9) access to needed physical or behavioral health services and social services;​
423423 14.2 (10) access to private or public health insurance;​
424424 14.3 (11) length of stay in the recovery residence; and​
425425 14.4 (12) number of terminations due to return to use.​
426426 14.5 (b) All data submitted pursuant to this section must be deidentified to remove any​
427427 14.6personally identifiable information.​
428428 14.7 Subd. 2.Study of state recovery housing needs.The commissioner or certifying​
429429 14.8organization may conduct an environmental scan and needs assessment study to determine​
430430 14.9the recovery housing needs of Minnesota and the location and adequacy of available​
431431 14.10residences to meet that need. Any initial study must be completed by ........ Subsequent​
432432 14.11studies must be completed no less frequently than once every three years following the​
433433 14.12initial study.​
434434 14.13 Subd. 3.Survey areas.The study provided by subdivision 3 may assess the adequacy:​
435435 14.14 (1) of recovery housing relative to population in all areas of the state;​
436436 14.15 (2) of low-cost or subsidized recovery residences; and​
437437 14.16 (3) of recovery housing for underserved and difficult-to-serve populations, including​
438438 14.17parents with children; pregnant women; reentry populations; persons living with HIV;​
439439 14.18ethnic, racial, and other minorities; physically disabled persons; and Tribal communities.​
440440 14.19 Subd. 4.Annual report.(a) The commissioner or certifying organization shall analyze​
441441 14.20any data collected pursuant to subdivisions 1 and 3 and issue an annual report to the governor​
442442 14.21and the chairs and ranking minority members of the legislative committees with jurisdiction​
443443 14.22over substance use disorder treatment assessing the effectiveness of certified recovery​
444444 14.23residences in Minnesota, including any outcomes determined by a study conducted pursuant​
445445 14.24to subdivision 4.​
446446 14.25 (b) The commissioner or certifying organization shall make the annual report under this​
447447 14.26subdivision available on its website for use by the public.​
448448 14.27Sec. 13. [254B.262] SANCTIONS.​
449449 14.28 Subdivision 1.Suspension.(a) The certifying organization shall suspend a certification​
450450 14.29if:​
451451 14​Sec. 13.​
452452 REVISOR DTT/CH 25-01994​03/12/25 ​ 15.1 (1) the nature or number of violations revealed by any type of inspection or investigation​
453453 15.2of a recovery residence indicates a direct risk to the life, health, or safety of a resident, staff​
454454 15.3member, visitor, or other individual on the premises; or​
455455 15.4 (2) a certified recovery residence is not in compliance with any provision of sections​
456456 15.5254B.25 to 254B.267 and fails to:​
457457 15.6 (i) file a plan of action with the certifying organization to correct any identified​
458458 15.7deficiencies pursuant to section 254B.252, subdivision 10, within the time required by the​
459459 15.8certifying organization; or​
460460 15.9 (ii) remedy all deficiencies identified by the certifying organization within the time​
461461 15.10required, unless an extension of time is granted by the certifying organization.​
462462 15.11 (b) Suspensions must last until the certifying organization reinspects the property and​
463463 15.12finds no deficiencies.​
464464 15.13 Subd. 2.Nature or number of violations.In determining whether a violation poses a​
465465 15.14direct risk to the life, health, or safety of a resident, staff member, visitor, or other individual​
466466 15.15on the premises of the certified recovery residence, the certifying organization shall consider:​
467467 15.16 (1) repeated violations of statutes or rules;​
468468 15.17 (2) a pattern of violations;​
469469 15.18 (3) the types of violations;​
470470 15.19 (4) the severity of violations; and​
471471 15.20 (5) the number of violations.​
472472 15.21 Subd. 3.Revocation.The certifying organization must revoke a certification if:​
473473 15.22 (1) the applicant, owner, or operator provides materially false or misleading information​
474474 15.23on a renewal application, as part of an inspection, or in response to a complaint; or​
475475 15.24 (2) a recovery residence's certification is up for renewal and has been suspended for at​
476476 15.25least 30 days.​
477477 15.26 Subd. 4.Misrepresentation of certification; fine.A recovery residence that has not​
478478 15.27been certified pursuant sections 254B.25 to 254B.267 and holds itself out as a certified​
479479 15.28recovery residence shall be subject to an injunction and will be subject to a fine of not more​
480480 15.29than $....... for each violation.​
481481 15​Sec. 13.​
482482 REVISOR DTT/CH 25-01994​03/12/25 ​ 16.1 Subd. 5.Notification.(a) The certifying organization shall provide written notification​
483483 16.2of any sanction to the recovery residence operator. The written notification must include​
484484 16.3an explanation of:​
485485 16.4 (1) the reason for the sanction;​
486486 16.5 (2) for suspensions, the requirement that the recovery residence submit an action plan​
487487 16.6under section 254B.252, subdivision 10;​
488488 16.7 (3) any rights of appeal the recovery residence may have; and​
489489 16.8 (4) the process for asserting those rights.​
490490 16.9 (b) The certifying organization shall provide written notification of a suspension or​
491491 16.10revocation of a certification to the county and municipality where the recovery residence​
492492 16.11is located.​
493493 16.12Sec. 14. [254B.263] COMPLAINTS.​
494494 16.13 Subdivision 1.In general.The certifying organization shall establish a toll-free telephone​
495495 16.14number or an online complaint form, or both, to receive complaints from residents, staff,​
496496 16.15and the general public regarding certified recovery residences.​
497497 16.16 Subd. 2.Types of complaints.The certifying organization must accept and review​
498498 16.17complaints that concern:​
499499 16.18 (1) the health of residents and safety of the recovery residence;​
500500 16.19 (2) management of the recovery residence, including but not limited to house​
501501 16.20environment, financial procedures, staffing, house rules and regulations, improper handling​
502502 16.21of resident terminations, and recovery support environment; or​
503503 16.22 (3) illegal activities or threats.​
504504 16.23 Subd. 3.Investigation.(a) Complaints regarding illegal activities or threats must be​
505505 16.24immediately referred to law enforcement in the jurisdiction where the recovery residence​
506506 16.25is located. The certifying organization shall continue to investigate matters referred to law​
507507 16.26enforcement that involve complaints contained in subdivision 2, clause (3), unless law​
508508 16.27enforcement requests the certifying organization to stay its investigation.​
509509 16.28 (b) The certifying organization shall investigate all other types of complaints under this​
510510 16.29section and may take any action necessary to conduct an investigation, including but not​
511511 16.30limited to interviewing the recovery residence operator, house manager, staff, and residents,​
512512 16.31and conducting an inspection of the premises.​
513513 16​Sec. 14.​
514514 REVISOR DTT/CH 25-01994​03/12/25 ​ 17.1 Subd. 4.Anonymity.When making a complaint pursuant to this section, an individual​
515515 17.2must disclose their identity to the certifying organization. Unless ordered by a court or​
516516 17.3authorized by the complainant, the commissioner or certifying organization must not disclose​
517517 17.4the complainant's identity.​
518518 17.5 Subd. 5.Prohibition against retaliation.A recovery residence owner, operator, director,​
519519 17.6staff member including house manager, volunteer, or resident must not be subject to​
520520 17.7retaliation, including but not limited to interference, threats, coercion, harassment, or​
521521 17.8discrimination for making any complaint against a recovery residence or against a recovery​
522522 17.9residence owner, operator, or chief financial officer.​
523523 17.10Sec. 15. [254B.264] RECONSIDERATION.​
524524 17.11 Subdivision 1.In general.A recovery residence may request reconsideration of a decision​
525525 17.12to deny an application, suspend or revoke certification, or impose a fine by notifying the​
526526 17.13commissioner by certified mail or personal service. The request must be made in writing.​
527527 17.14If sent by certified mail, the request must be postmarked and sent to the commissioner within​
528528 17.1520 calendar days after the certification holder received notification of the decision. If a​
529529 17.16request is made by personal service, it must be received by the commissioner within 20​
530530 17.17calendar days after the certification holder received notification of the decision. With the​
531531 17.18request for reconsideration, the certification holder may submit a written argument or​
532532 17.19evidence in support of the request for reconsideration.​
533533 17.20 Subd. 2.Administrative appeal.A recovery residence may request an administrative​
534534 17.21hearing pursuant to chapter 14 within 30 days of receiving notice of an adverse decision of​
535535 17.22the commissioner under this section.​
536536 17.23Sec. 16. [254B.265] CRIMES.​
537537 17.24 Subdivision 1.Patient brokering.(a) Whoever does any of the following acts commits​
538538 17.25the crime of patient brokering and may be sentenced as provided in subdivision 2:​
539539 17.26 (1) offers or pays a commission, benefit, bonus, rebate, kickback, or bribe, directly or​
540540 17.27indirectly, in cash or in kind, or engages in any split-fee arrangement, in any form whatsoever,​
541541 17.28to induce the referral of a patient or patronage to or from a licensed state drug and alcohol​
542542 17.29treatment service provider, health care provider, or health care facility;​
543543 17.30 (2) solicits or receives a commission, benefit, bonus, rebate, kickback, or bribe, directly​
544544 17.31or indirectly, in cash or in kind, or engages in any split-fee arrangement, in any form​
545545 17​Sec. 16.​
546546 REVISOR DTT/CH 25-01994​03/12/25 ​ 18.1whatsoever, in return for referring a patient or patronage to or from a licensed state drug​
547547 18.2and alcohol treatment service provider, health care provider, or health care facility;​
548548 18.3 (3) solicits or receives a commission, benefit, bonus, rebate, kickback, or bribe, directly​
549549 18.4or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form​
550550 18.5whatsoever, in return for the acceptance or acknowledgment of treatment from a licensed​
551551 18.6state drug and alcohol treatment service provider, health care provider, or health care facility;​
552552 18.7or​
553553 18.8 (4) aids, abets, advises, or otherwise participates in the conduct prohibited under clauses​
554554 18.9(1) to (3).​
555555 18.10 (b) This subdivision does not apply to any payment, waiver of payment, or payment​
556556 18.11practice expressly authorized by United States Code, title 42, section 1320a-7b(b)(3).​
557557 18.12 Subd. 2.Penalty.(a) Whoever violates subdivision 1, when the total value of the​
558558 18.13commissions, benefits, bonuses, rebates, kickbacks, and bribes is less than $....... is guilty​
559559 18.14of a misdemeanor.​
560560 18.15 (b) Whoever violates subdivision 1, when the total value of the commissions, benefits,​
561561 18.16bonuses, rebates, kickbacks, and bribes is greater than $....... and less than $....... is guilty​
562562 18.17of a gross misdemeanor.​
563563 18.18 (c) Whoever violates subdivision 1, when the total value of the commissions, benefits,​
564564 18.19bonuses, rebates, kickbacks, and bribes is greater than $........ is guilty of a felony and may​
565565 18.20be sentenced to imprisonment for not more than ....... or to payment of a fine not to exceed​
566566 18.21$........​
567567 18.22 Subd. 3.Unlawful referral.Any person who willfully and knowingly violates section​
568568 18.23254B.259, subdivision 2, is guilty of a ....... and may be sentenced to imprisonment for not​
569569 18.24more than ....... or to payment of a fine not to exceed $........​
570570 18.25 Subd. 4.Fines.All fines collected pursuant to this section must be deposited into .......​
571571 18.26fund for use by the commissioner to administer sections 254B.25 to 254B.267.​
572572 18.27Sec. 17. [254B.266] CONFIDENTIALITY.​
573573 18.28 Subdivision 1.Recovery residence records.Records of residents maintained by certified​
574574 18.29recovery residences are private data on individuals under chapter 13.​
575575 18.30 Subd. 2.Commissioner.The commissioner shall not maintain any personally identifiable​
576576 18.31information regarding any resident of a certified recovery residence in connection with its​
577577 18.32role under sections 254B.25 to 254B.267.​
578578 18​Sec. 17.​
579579 REVISOR DTT/CH 25-01994​03/12/25 ​ 19.1 Sec. 18. [254B.267] FUNDING.​
580580 19.2 The commissioner shall pursue all federal funding, matching funds, and foundation or​
581581 19.3other charitable funding for the initial and ongoing costs associated with sections 254B.25​
582582 19.4to 254B.267.​
583583 19.5 Sec. 19. Minnesota Statutes 2024, section 256I.03, is amended by adding a subdivision​
584584 19.6to read:​
585585 19.7 Subd. 6a.Certified recovery residence."Certified recovery residence" has the meaning​
586586 19.8given in section 254B.251, subdivision 3.​
587587 19.9 Sec. 20. Minnesota Statutes 2024, section 256I.03, is amended by adding a subdivision​
588588 19.10to read:​
589589 19.11 Subd. 14c.Recovery residence registry."Recovery residence registry" has the meaning​
590590 19.12given in section 254B.251, subdivision 15.​
591591 19.13Sec. 21. Minnesota Statutes 2024, section 256I.04, subdivision 1, is amended to read:​
592592 19.14 Subdivision 1.Individual eligibility requirements.An individual is eligible for and​
593593 19.15entitled to a housing support payment to be made on the individual's behalf if the agency​
594594 19.16has approved the setting where the individual will receive housing support and the individual​
595595 19.17meets the requirements in paragraph (a), (b), (c), or (d), or (e).​
596596 19.18 (a) The individual is aged, blind, or is over 18 years of age with a disability as determined​
597597 19.19under the criteria used by the title II program of the Social Security Act, and meets the​
598598 19.20resource restrictions and standards of section 256P.02, and the individual's countable income​
599599 19.21after deducting the (1) exclusions and disregards of the SSI program, (2) the medical​
600600 19.22assistance personal needs allowance under section 256B.35, and (3) an amount equal to the​
601601 19.23income actually made available to a community spouse by an elderly waiver participant​
602602 19.24under the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058,​
603603 19.25subdivision 2, is less than the monthly rate specified in the agency's agreement with the​
604604 19.26provider of housing support in which the individual resides.​
605605 19.27 (b) The individual meets a category of eligibility under section 256D.05, subdivision 1,​
606606 19.28paragraph (a), clauses (1), (3), (4) to (8), and (13), and paragraph (b), if applicable, and the​
607607 19.29individual's resources are less than the standards specified by section 256P.02, and the​
608608 19.30individual's countable income as determined under section 256P.06, less the medical​
609609 19.31assistance personal needs allowance under section 256B.35 is less than the monthly rate​
610610 19​Sec. 21.​
611611 REVISOR DTT/CH 25-01994​03/12/25 ​ 20.1specified in the agency's agreement with the provider of housing support in which the​
612612 20.2individual resides.​
613613 20.3 (c) The individual lacks a fixed, adequate, nighttime residence upon discharge from a​
614614 20.4residential behavioral health treatment program, as determined by treatment staff from the​
615615 20.5residential behavioral health treatment program. An individual is eligible under this paragraph​
616616 20.6for up to three months, including a full or partial month from the individual's move-in date​
617617 20.7at a setting approved for housing support following discharge from treatment, plus two full​
618618 20.8months.​
619619 20.9 (d) The individual meets the criteria related to establishing a certified disability or​
620620 20.10disabling condition in paragraph (a) or (b) and lacks a fixed, adequate, nighttime residence​
621621 20.11upon discharge from a correctional facility, as determined by an authorized representative​
622622 20.12from a Minnesota-based correctional facility. An individual is eligible under this paragraph​
623623 20.13for up to three months, including a full or partial month from the individual's move-in date​
624624 20.14at a setting approved for housing support following release, plus two full months. Any​
625625 20.15income received by people who meet the disabling condition criteria established in paragraph​
626626 20.16(a) or (b) is not countable for the duration of eligibility under this paragraph.​
627627 20.17 (e) The individual lacks a fixed, adequate, and clinically indicated nighttime residence​
628628 20.18during the individual's enrollment and active participation in a licensed behavioral health​
629629 20.19treatment program that meets the level of care requirements under section 254B.19,​
630630 20.20subdivision 1, paragraph (a), clauses (1) to (4). An individual is eligible under this paragraph​
631631 20.21for up to three months, including a full or partial month from the individual's move-in date​
632632 20.22at a setting approved for housing support following discharge from treatment, plus two full​
633633 20.23months.​
634634 20.24Sec. 22. Minnesota Statutes 2024, section 256I.04, subdivision 2a, is amended to read:​
635635 20.25 Subd. 2a.License required; staffing qualifications.(a) Except as provided in paragraph​
636636 20.26(b), an agency may not enter into an agreement with an establishment to provide housing​
637637 20.27support unless:​
638638 20.28 (1) the establishment is licensed by the Department of Health as a hotel and restaurant;​
639639 20.29a board and lodging establishment; a boarding care home before March 1, 1985; or a​
640640 20.30supervised living facility, and the service provider for residents of the facility is licensed​
641641 20.31under chapter 245A. However, an establishment licensed by the Department of Health to​
642642 20.32provide lodging need not also be licensed to provide board if meals are being supplied to​
643643 20.33residents under a contract with a food vendor who is licensed by the Department of Health;​
644644 20​Sec. 22.​
645645 REVISOR DTT/CH 25-01994​03/12/25 ​ 21.1 (2) the residence is:​
646646 21.2 (i) licensed by the commissioner of human services under Minnesota Rules, parts​
647647 21.39555.5050 to 9555.6265;​
648648 21.4 (ii) certified by a county human services agency prior to July 1, 1992, using the standards​
649649 21.5under Minnesota Rules, parts 9555.5050 to 9555.6265;​
650650 21.6 (iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,​
651651 21.7with a variance under section 245A.04, subdivision 9; or​
652652 21.8 (iv) licensed under section 245D.02, subdivision 4a, as a community residential setting​
653653 21.9by the commissioner of human services; or​
654654 21.10 (v) a certified recovery residence that is listed as in good standing on the recovery​
655655 21.11residence registry; or​
656656 21.12 (3) the facility is licensed under chapter 144G and provides three meals a day.​
657657 21.13 (b) The requirements under paragraph (a) do not apply to establishments exempt from​
658658 21.14state licensure because they are:​
659659 21.15 (1) located on Indian reservations and subject to tribal health and safety requirements;​
660660 21.16or​
661661 21.17 (2) supportive housing establishments where an individual has an approved habitability​
662662 21.18inspection and an individual lease agreement.​
663663 21.19 (c) Supportive housing establishments that serve individuals who have experienced​
664664 21.20long-term homelessness and emergency shelters must participate in the homeless management​
665665 21.21information system and a coordinated assessment system as defined by the commissioner.​
666666 21.22 (d) Effective July 1, 2016, an agency shall not have an agreement with a provider of​
667667 21.23housing support unless all staff members who have direct contact with recipients:​
668668 21.24 (1) have skills and knowledge acquired through one or more of the following:​
669669 21.25 (i) a course of study in a health- or human services-related field leading to a bachelor​
670670 21.26of arts, bachelor of science, or associate's degree;​
671671 21.27 (ii) one year of experience with the target population served;​
672672 21.28 (iii) experience as a mental health certified peer specialist according to section 256B.0615;​
673673 21.29or​
674674 21.30 (iv) meeting the requirements for unlicensed personnel under sections 144A.43 to​
675675 21.31144A.483;​
676676 21​Sec. 22.​
677677 REVISOR DTT/CH 25-01994​03/12/25 ​ 22.1 (2) hold a current driver's license appropriate to the vehicle driven if transporting​
678678 22.2recipients;​
679679 22.3 (3) complete training on vulnerable adults mandated reporting and child maltreatment​
680680 22.4mandated reporting, where applicable; and​
681681 22.5 (4) complete housing support orientation training offered by the commissioner.​
682682 22.6 Sec. 23. Minnesota Statutes 2024, section 256I.04, subdivision 2f, is amended to read:​
683683 22.7 Subd. 2f.Required services.(a) In authorized settings under subdivision 2a, providers​
684684 22.8shall ensure that participants have at a minimum:​
685685 22.9 (1) food preparation and service for three nutritional meals a day on site;​
686686 22.10 (2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or service;​
687687 22.11 (3) housekeeping, including cleaning and lavatory supplies or service; and​
688688 22.12 (4) maintenance and operation of the building and grounds, including heat, water, garbage​
689689 22.13removal, electricity, telephone for the site, cooling, supplies, and parts and tools to repair​
690690 22.14and maintain equipment and facilities.​
691691 22.15 (b) In addition, when providers serve participants described in subdivision 1, paragraph​
692692 22.16(c), the providers are required to assist the participants in applying for continuing housing​
693693 22.17support payments before the end of the eligibility period.​
694694 22.18 (c) The requirements of paragraph (a) do not apply to a certified recovery residence that​
695695 22.19is listed as in good standing on the recovery residence registry.​
696696 22.20Sec. 24. Minnesota Statutes 2024, section 491A.01, is amended by adding a subdivision​
697697 22.21to read:​
698698 22.22 Subd. 12.Jurisdiction; recovery residency terminations.The conciliation court has​
699699 22.23jurisdiction to determine whether a certified recovery residence properly terminated a​
700700 22.24residency under section 254B.255. If the court finds that the resident was improperly​
701701 22.25terminated or removed from the residence, the court may order the recovery residence to​
702702 22.26allow the resident to return.​
703703 22.27Sec. 25. EFFECTIVE DATE.​
704704 22.28 Sections 1 to 24 are effective ........​
705705 22​Sec. 25.​
706706 REVISOR DTT/CH 25-01994​03/12/25 ​ 23.1 Sec. 26. SEVERABILITY.​
707707 23.2 If any provision of this act or the act's applicability to any person or circumstance is held​
708708 23.3invalid, the remainder of the act or the application of the provision to other persons or​
709709 23.4circumstances is not affected.​
710710 23.5 Sec. 27. APPROPRIATION.​
711711 23.6 $350,000 in fiscal year 2026 and $350,000 in fiscal year 2027 are appropriated from the​
712712 23.7general fund to the commissioner of ... to implement and operate the Minnesota Recovery​
713713 23.8Residence Certification Act under Minnesota Statutes, sections 254B.25 to 254B.267.​
714714 23​Sec. 27.​
715715 REVISOR DTT/CH 25-01994​03/12/25 ​