Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2646 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; allowing for alternative licensing inspections for certain
3	3	1.3 human services programs; proposing coding for new law in Minnesota Statutes,
4	4	1.4 chapter 245A.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [245A.031] ALTERNATIVE LICENSING INSPECTIONS.
7	7	1.7 Subdivision 1.Eligibility for an alternative licensing inspection.(a) A license holder
8	8	1.8who holds a qualifying accreditation may request approval for an alternative licensing
9	9	1.9inspection by the commissioner when the standards of the accrediting body are determined
10	10	1.10by the commissioner to be the same as or similar to the applicable standards set forth in this
11	11	1.11chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters
12	12	1.122960 and 9544.
13	13	1.13 (b) A license holder may request an alternative licensing inspection after the license
14	14	1.14holder has had at least one inspection by the commissioner that included a review of all
15	15	1.15applicable requirements in this chapter after issuance of the initial license.
16	16	1.16 (c) To be eligible for an alternative licensing inspection, the license holder must be in
17	17	1.17substantial and consistent compliance at the time of the request. For purposes of this section,
18	18	1.18"substantial and consistent compliance" means:
19	19	1.19 (1) the license holder has not had a license made conditional, suspended, or revoked
20	20	1.20within the last five years;
21	21	1.21 (2) there have been no substantiated allegations of maltreatment for which the facility
22	22	1.22was determined responsible within the past five years; and
23	23	1Section 1.
24	24	25-04115 as introduced03/10/25 REVISOR DTT/EN
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 2646NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: BOLDON)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading03/17/2025
31	31	Referred to Health and Human Services 2.1 (3) the license holder has corrected all violations and submitted required documentation
32	32	2.2as specified in any correction orders issued within the past two years.
33	33	2.3 (d) To be eligible for an alternative licensing inspection, a license holder must be a
34	34	2.4qualified residential treatment program as defined in section 260C.007, subdivision 26d; a
35	35	2.5psychiatric residential treatment facility under section 256B.0941; or a certified community
36	36	2.6behavioral health clinic certified under section 245.735.
37	37	2.7 Subd. 2.Qualifying accreditation; determination of same and similar standards.(a)
38	38	2.8The commissioner must accept a qualifying accreditation from an accrediting body listed
39	39	2.9in paragraph (c) after determining, in consultation with the accrediting body and license
40	40	2.10holders, which of the accrediting body's standards are the same as or similar to the licensing
41	41	2.11requirements in this chapter. In determining whether standards of an accrediting body are
42	42	2.12the same as or similar to applicable licensing requirements under this chapter; chapters
43	43	2.13245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters 2960 and 9544,
44	44	2.14the commissioner must give due consideration to the existence of a standard that aligns in
45	45	2.15whole or in part to a licensing standard.
46	46	2.16 (b) Upon request by a license holder, the commissioner may allow the accrediting body
47	47	2.17to monitor for compliance with applicable licensing requirements under this chapter; chapters
48	48	2.18245C, 256B, and 260C; section 245.735; and Minnesota Rules, chapters 2960 and 9544,
49	49	2.19that are determined to be neither the same as nor similar to those of the accrediting body.
50	50	2.20 (c) For purposes of this section, "accrediting body" means the Joint Commission, the
51	51	2.21Commission on Accreditation of Rehabilitation Facilities, or the Council on Accreditation.
52	52	2.22 (d) Qualifying accreditation only applies to the license holder's licensed programs that
53	53	2.23are included in the accrediting body's survey during each survey period.
54	54	2.24 Subd. 3.Request for approval of an alternative licensing inspection status.(a) If a
55	55	2.25license holder wants to request an alternative licensing inspection, the license holder must
56	56	2.26make that request on the forms and in the manner prescribed by the commissioner. When
57	57	2.27submitting the request, the license holder must submit all documentation issued by the
58	58	2.28accrediting body verifying that the license holder has obtained and maintained the qualifying
59	59	2.29accreditation and has complied with recommendations or requirements from the accrediting
60	60	2.30body during the period of accreditation. Prior to approving an alternative licensing inspection
61	61	2.31under this section, the commissioner must have reviewed and approved the license holder's
62	62	2.32policies and procedures required to demonstrate compliance with all applicable requirements
63	63	2.33in this chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules,
64	64	2.34chapters 2960 and 9544.
65	65	2Section 1.
66	66	25-04115 as introduced03/10/25 REVISOR DTT/EN 3.1 (b) The commissioner must notify the license holder in writing within 90 days whether
67	67	3.2the request for an alternative licensing inspection status has been approved.
68	68	3.3 Subd. 4.Programs approved for an alternative licensing inspection; licensing
69	69	3.4requirements.(a) A license holder approved for an alternative licensing inspection under
70	70	3.5this section is required to maintain compliance with all licensing standards according to this
71	71	3.6chapter.
72	72	3.7 (b) After approval, the license holder must submit to the commissioner changes to
73	73	3.8policies required as a result of legislative changes to this chapter.
74	74	3.9 (c) The commissioner may conduct licensing inspections of requirements that are not
75	75	3.10already covered by the accrediting body, as determined under subdivision 2, paragraphs (a)
76	76	3.11and (b), including applicable requirements in this chapter; chapters 245C, 256B, and 260C;
77	77	3.12section 245.735; and Minnesota Rules, chapters 2960 and 9544.
78	78	3.13 (d) The commissioner may conduct routine licensing inspections every five years,
79	79	3.14scheduled on an alternating basis with accreditation reviews, of all applicable requirements
80	80	3.15in this chapter; chapters 245C, 256B, and 260C; section 245.735; and Minnesota Rules,
81	81	3.16chapters 2960 and 9544.
82	82	3.17 (e) Within ten days of receipt of the final report by the accrediting body, including if
83	83	3.18applicable final approval of a corrective action plan, the license holder must mail or email
84	84	3.19the complete contents of all survey results and corrective responses to the commissioner.
85	85	3.20 (f) If the accrediting body determines the scope of noncompliance of a standard with a
86	86	3.21pattern of widespread moderate likelihood to harm a client or any high likelihood to harm
87	87	3.22a client, the commissioner may conduct an inspection.
88	88	3.23 (g) If the accrediting body does not subject a licensed location to a survey by the
89	89	3.24accrediting body, the license holder must inform the commissioner and the commissioner
90	90	3.25may conduct an inspection of that location.
91	91	3.26 (h) Upon receipt of a complaint or report regarding the services of a license holder
92	92	3.27approved for an alternative licensing inspection under this section, the commissioner may
93	93	3.28investigate the complaint or report and may take any action as provided under section
94	94	3.29245A.06 or 245A.07.
95	95	3.30 (i) The license holder must notify the commissioner in a timely manner if the license
96	96	3.31holder no longer holds a qualifying accreditation from an accrediting body.
97	97	3Section 1.
98	98	25-04115 as introduced03/10/25 REVISOR DTT/EN 4.1 Subd. 5.Investigations of alleged or suspected maltreatment.Nothing in this section
99	99	4.2changes the commissioner's responsibilities to investigate alleged or suspected maltreatment
100	100	4.3of a minor under chapter 260E or a vulnerable adult under section 626.557.
101	101	4.4 Subd. 6.Termination or denial of subsequent approval.The commissioner may
102	102	4.5terminate the approval of an alternative licensing inspection if after approval:
103	103	4.6 (1) the commissioner determines that the license holder has not maintained the qualifying
104	104	4.7accreditation;
105	105	4.8 (2) the license holder fails to provide the commissioner with documentation that
106	106	4.9demonstrates the license holder has complied with accreditation standards;
107	107	4.10 (3) the commissioner substantiates maltreatment for which the license holder or facility
108	108	4.11is determined to be responsible; or
109	109	4.12 (4) the license holder is issued an order for conditional license, fine, suspension, or
110	110	4.13license revocation that has not been reversed upon appeal.
111	111	4.14 Subd. 7.Appeals.The commissioner's decision that the conditions for approval for an
112	112	4.15alternative licensing inspection have not been met is final and not subject to appeal under
113	113	4.16the provisions of chapter 14.
114	114	4Section 1.
115	115	25-04115 as introduced03/10/25 REVISOR DTT/EN