1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to behavioral health; the Minnesota Recovery Residence Certification Act; |
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3 | 3 | | 1.3 establishing a certification system for recovery residences; modifying housing |
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4 | 4 | | 1.4 support eligibility and regulations; establishing criminal penalties; appropriating |
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5 | 5 | | 1.5 money; amending Minnesota Statutes 2024, sections 256I.03, by adding |
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6 | 6 | | 1.6 subdivisions; 256I.04, subdivisions 1, 2a, 2f; 491A.01, by adding a subdivision; |
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7 | 7 | | 1.7 proposing coding for new law in Minnesota Statutes, chapter 254B. |
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8 | 8 | | 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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9 | 9 | | 1.9 Section 1. [254B.25] SHORT TITLE. |
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10 | 10 | | 1.10 Sections 254B.25 to 254B.267 may be referred to as the "Minnesota Recovery Residence |
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11 | 11 | | 1.11Certification Act." |
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12 | 12 | | 1.12 Sec. 2. [254B.251] DEFINITIONS. |
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13 | 13 | | 1.13 Subdivision 1.Scope.The terms used in sections 254B.25 to 254B.267 have the meanings |
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14 | 14 | | 1.14given in this section. |
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15 | 15 | | 1.15 Subd. 2.Applicant."Applicant" means any individual, organization, or entity who has |
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16 | 16 | | 1.16applied for certification of a recovery residence. |
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17 | 17 | | 1.17 Subd. 3.Certified recovery residence."Certified recovery residence" means a recovery |
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18 | 18 | | 1.18residence that has completed the application process and been approved for certification by |
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19 | 19 | | 1.19a certifying organization or that has been automatically certified pursuant to section |
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20 | 20 | | 1.20254B.252, subdivision 3. |
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21 | 21 | | 1.21 Subd. 4.Certifying organization."Certifying organization" means an organization |
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22 | 22 | | 1.22under contract with or otherwise designated by the commissioner and tasked with the |
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23 | 23 | | 1.23responsibility of certifying recovery residences under sections 254B.25 to 254B.267. |
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24 | 24 | | 1Sec. 2. |
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25 | 25 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH |
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26 | 26 | | SENATE |
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27 | 27 | | STATE OF MINNESOTA |
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28 | 28 | | S.F. No. 3060NINETY-FOURTH SESSION |
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29 | 29 | | (SENATE AUTHORS: MANN) |
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30 | 30 | | OFFICIAL STATUSD-PGDATE |
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31 | 31 | | Introduction and first reading03/27/2025 |
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32 | 32 | | Referred to Human Services 2.1 Subd. 5.Commissioner."Commissioner" means the commissioner of health. The |
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33 | 33 | | 2.2commissioner is responsible for the certification of recovery residences under sections |
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34 | 34 | | 2.3254B.25 to 254B.267. |
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35 | 35 | | 2.4 Subd. 6.Community residence."Community residence" means a residential living |
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36 | 36 | | 2.5arrangement for unrelated individuals with disabilities living as a single functional family |
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37 | 37 | | 2.6in a single dwelling unit who are in need of the mutual support furnished by other residents |
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38 | 38 | | 2.7of the community residence as well as support services, if any, provided by the staff, if any, |
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39 | 39 | | 2.8of the community residence. A community residence seeks to emulate a biological family |
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40 | 40 | | 2.9to foster normalization of its residents and integrate them into the surrounding community. |
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41 | 41 | | 2.10The term does not include any other group living arrangement for unrelated individuals |
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42 | 42 | | 2.11who are not disabled. |
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43 | 43 | | 2.12 Subd. 7.Co-occurring disorder."Co-occurring disorder" means the coexistence of |
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44 | 44 | | 2.13both a mental health and a substance use disorder. |
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45 | 45 | | 2.14 Subd. 8.House manager."House manager" means an individual either designated by |
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46 | 46 | | 2.15the owner or operator of a certified recovery residence or elected by the residents of a |
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47 | 47 | | 2.16certified recovery residence who is the point of contact between residents and the owner or |
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48 | 48 | | 2.17operator. |
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49 | 49 | | 2.18 Subd. 9.Licensed state drug and alcohol treatment service provider."Licensed state |
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50 | 50 | | 2.19drug and alcohol treatment service provider" means any individual or entity who is licensed, |
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51 | 51 | | 2.20registered, or certified in Minnesota to treat substance use disorders or who has a Drug |
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52 | 52 | | 2.21Addiction Treatment Act of 2000 waiver from the federal Substance Abuse and Mental |
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53 | 53 | | 2.22Health Services Administration to treat individuals with opioid use disorder using medications |
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54 | 54 | | 2.23approved for that indication by the United States Food and Drug Administration. |
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55 | 55 | | 2.24 Subd. 10.National Alliance for Recovery Residences or NARR."National Alliance |
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56 | 56 | | 2.25for Recovery Residences" or "NARR" is a nonprofit organization with a nationally recognized |
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57 | 57 | | 2.26standard for the certification of recovery residences that works with and supports |
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58 | 58 | | 2.27state-affiliated organizations. |
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59 | 59 | | 2.28 Subd. 11.Operator."Operator" means the lawful owner or lessee of a recovery residence |
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60 | 60 | | 2.29or a person employed and designated by the owner or lessee of the recovery residence to |
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61 | 61 | | 2.30have primary responsibility for oversight of the recovery residence, including but not limited |
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62 | 62 | | 2.31to hiring and termination of recovery residence staff, recovery residence maintenance, and |
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63 | 63 | | 2.32responding to complaints being investigated by the commissioner. This term does not apply |
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64 | 64 | | 2.33to a level 1 recovery residence. |
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65 | 65 | | 2Sec. 2. |
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66 | 66 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 3.1 Subd. 12.Recovery."Recovery" means a process of change through which individuals |
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67 | 67 | | 3.2improve their health and wellness, live a self-directed life, and strive to reach their full |
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68 | 68 | | 3.3potential. |
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69 | 69 | | 3.4 Subd. 13.Recovery peer."Recovery peer" means a person who is qualified according |
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70 | 70 | | 3.5to section 245I.04, subdivision 18, to provide peer recovery support services within the |
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71 | 71 | | 3.6scope of practice provided under section 245I.04, subdivision 19. |
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72 | 72 | | 3.7 Subd. 14.Recovery residence.(a) "Recovery residence" means a type of community |
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73 | 73 | | 3.8residence that provides a safe, healthy, family-like, substance-free living environment that |
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74 | 74 | | 3.9supports individuals in recovery from substance use disorder. |
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75 | 75 | | 3.10 (b) Recovery residences: |
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76 | 76 | | 3.11 (1) emulate a biological family; |
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77 | 77 | | 3.12 (2) are centered on peer support and community integration; |
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78 | 78 | | 3.13 (3) benefit individuals in recovery by reinforcing the skills and choices that help support |
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79 | 79 | | 3.14sustained recovery from substance use disorder and providing a supportive peer community |
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80 | 80 | | 3.15to which residents are accountable, and ensuring access to mutual aid groups, recovery |
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81 | 81 | | 3.16support services, and other needed services and supports; and |
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82 | 82 | | 3.17 (4) may be located in single-family homes, multi-family dwellings, and mixed-use |
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83 | 83 | | 3.18structures. |
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84 | 84 | | 3.19 Subd. 15.Recovery residence registry."Recovery residence registry" means the list |
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85 | 85 | | 3.20of recovery residences maintained by the commissioner that have applied for certification |
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86 | 86 | | 3.21and have been approved or denied by the commissioner or from whom the commissioner |
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87 | 87 | | 3.22has revoked certification. |
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88 | 88 | | 3.23 Subd. 16.Resident."Resident" means an individual who resides in a recovery residence. |
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89 | 89 | | 3.24 Subd. 17.Staff."Staff" means employees, contractors, or volunteers who provide |
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90 | 90 | | 3.25monitoring, assistance, or other services for the use and benefit of a recovery residence and |
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91 | 91 | | 3.26its residents. This term may include but is not limited to a house manager, recovery peers, |
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92 | 92 | | 3.27and on-site counselors. |
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93 | 93 | | 3.28 Subd. 18.Substance free."Substance free" means being free from the use of alcohol, |
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94 | 94 | | 3.29illicit drugs, and the illicit use of prescribed drugs. This term does not prohibit medications |
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95 | 95 | | 3.30prescribed, dispensed, or administered by a licensed health care professional, such as |
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96 | 96 | | 3.31pharmacotherapies specifically approved by the United States Food and Drug Administration |
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97 | 97 | | 3.32(FDA) for treatment of a substance use disorder as well as other medications approved by |
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98 | 98 | | 3Sec. 2. |
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99 | 99 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 4.1the FDA for the treatment of co-occurring disorders, when such medications are taken as |
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100 | 100 | | 4.2directed. |
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101 | 101 | | 4.3 Subd. 19.Substance use disorder."Substance use disorder" means a pattern of use of |
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102 | 102 | | 4.4alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria |
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103 | 103 | | 4.5delineated in the latest edition of the Diagnostic and Statistical Manual of Disorders of the |
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104 | 104 | | 4.6American Psychiatric Association. |
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105 | 105 | | 4.7 Sec. 3. [254B.252] CERTIFICATION OF RECOVERY RESIDENCES. |
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106 | 106 | | 4.8 Subdivision 1.In general.The commissioner shall establish and provide for the |
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107 | 107 | | 4.9administration of a voluntary training and certification program for operators of recovery |
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108 | 108 | | 4.10residences seeking certification under this section. The commissioner shall approve, contract |
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109 | 109 | | 4.11with, or otherwise officially designate a certifying organization to perform one or more of |
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110 | 110 | | 4.12the functions of the commissioner pursuant to this section or shall otherwise delegate such |
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111 | 111 | | 4.13functions to the approved certifying organization. The approved certifying organization |
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112 | 112 | | 4.14must be a nonprofit organization based in Minnesota and maintain a formal affiliate |
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113 | 113 | | 4.15relationship with the organization maintaining the national standard selected by the |
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114 | 114 | | 4.16commissioner. |
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115 | 115 | | 4.17 Subd. 2.Maintenance of standards.The commissioner shall designate the national |
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116 | 116 | | 4.18standard to be used by the certification program established pursuant to this section and the |
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117 | 117 | | 4.19designated certifying organization shall maintain those standards and practices. |
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118 | 118 | | 4.20 Subd. 3.Automatic certification.A recovery residence that has received a certificate |
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119 | 119 | | 4.21or charter from the certifying organization and that provides documentation of the charter |
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120 | 120 | | 4.22as required under subdivision 4, clause (11), does not need to meet any other requirements |
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121 | 121 | | 4.23for certification, and the commissioner shall issue a certification under this section. |
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122 | 122 | | 4.24Residences under this subdivision are not subject to inspections under subdivision 7 or 8. |
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123 | 123 | | 4.25 Subd. 4.Application requirements.Applications for certification under this section |
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124 | 124 | | 4.26must contain at a minimum: |
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125 | 125 | | 4.27 (1) the name of the individual or organization applying for certification; |
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126 | 126 | | 4.28 (2) the proposed name, if any, of the recovery residence; |
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127 | 127 | | 4.29 (3) the address and telephone number of the recovery residence; |
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128 | 128 | | 4.30 (4) the applicant's address and telephone number, if different from the address and |
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129 | 129 | | 4.31telephone number of the recovery residence; |
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130 | 130 | | 4Sec. 3. |
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131 | 131 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 5.1 (5) the applicant's email address or, if an organization, the email address of the person |
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132 | 132 | | 5.2responsible for the application; |
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133 | 133 | | 5.3 (6) the name and contact information of the applicant's parent organization, if applicable; |
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134 | 134 | | 5.4 (7) the maximum number of residents to be housed in the recovery residence; |
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135 | 135 | | 5.5 (8) the square footage of space per person per bedroom; |
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136 | 136 | | 5.6 (9) the name, address, and telephone number of the operator of the recovery residence, |
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137 | 137 | | 5.7if different than the applicant; |
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138 | 138 | | 5.8 (10) the applicant's signature and date signed; |
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139 | 139 | | 5.9 (11) if the applicant qualifies under subdivision 3, documentation of a charter from the |
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140 | 140 | | 5.10certifying organization; and |
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141 | 141 | | 5.11 (12) any other information required by the certifying organization. |
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142 | 142 | | 5.12 Subd. 5.Application documents.Except for applicants pursuant to subdivision 3, an |
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143 | 143 | | 5.13applicant must submit at a minimum the following documents with the completed application |
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144 | 144 | | 5.14and fee: |
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145 | 145 | | 5.15 (1) if the premises for the recovery residence is leased, documentation from the owner |
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146 | 146 | | 5.16that the applicant has permission from the owner to operate a recovery residence on the |
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147 | 147 | | 5.17premises; |
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148 | 148 | | 5.18 (2) a policy and procedures manual, if applicable; |
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149 | 149 | | 5.19 (3) rules for residents; |
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150 | 150 | | 5.20 (4) copies of all forms provided to residents, including but not limited to the recovery |
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151 | 151 | | 5.21residence's medication, drug-testing, return-to-use, refund, and eviction or transfer policies; |
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152 | 152 | | 5.22 (5) a copy of the resident fee schedule; |
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153 | 153 | | 5.23 (6) proof of business insurance, including any general liability insurance, appropriate |
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154 | 154 | | 5.24to the services provided, if applicable; and |
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155 | 155 | | 5.25 (7) proof of completed background checks pursuant to chapter 245C. |
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156 | 156 | | 5.26 Subd. 6.Application fee.Applicants shall submit a nonrefundable application fee in an |
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157 | 157 | | 5.27amount to be determined by the certifying organization that shall be paid directly to the |
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158 | 158 | | 5.28certifying organization for use by the organization to administer sections 254B.25 to |
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159 | 159 | | 5.29254B.267. |
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160 | 160 | | 5Sec. 3. |
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161 | 161 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 6.1 Subd. 7.Inspection pursuant to application.Upon receiving a completed application, |
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162 | 162 | | 6.2the certifying organization shall conduct an on-site inspection of the recovery residence to |
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163 | 163 | | 6.3ensure the residence is in compliance with the requirements of sections 254B.25 to 254B.267. |
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164 | 164 | | 6.4 Subd. 8.Ongoing inspections.The certifying organization shall inspect each certified |
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165 | 165 | | 6.5recovery residence at least once every two years to ensure continued compliance and may |
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166 | 166 | | 6.6conduct additional inspections to confirm correction of any deficiencies or for the purpose |
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167 | 167 | | 6.7of investigating a complaint. |
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168 | 168 | | 6.8 Subd. 9.Correction of deficiencies in application.If the certifying organization |
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169 | 169 | | 6.9identifies a deficiency in an application, the applicant has 30 days from the date of the |
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170 | 170 | | 6.10notification of the deficiency to correct the deficiency, unless an extension is granted by |
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171 | 171 | | 6.11the certifying organization. |
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172 | 172 | | 6.12 Subd. 10.Correction of deficiencies.If the certifying organization becomes aware of |
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173 | 173 | | 6.13a deficiency during the application process, through a subsequent inspection, or as a result |
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174 | 174 | | 6.14of a verified complaint from a resident or staff member, the certifying organization shall |
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175 | 175 | | 6.15require the recovery residence to submit a plan of action to correct the deficiency within a |
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176 | 176 | | 6.16specified time period. The plan of action must include the steps that will be taken by the |
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177 | 177 | | 6.17recovery residence or its operator to correct the deficiency and the time frame for making |
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178 | 178 | | 6.18the corrections. The certifying organization shall establish the deadline for submission of |
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179 | 179 | | 6.19the plan of action based on each residence's specific circumstances and the deficiencies |
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180 | 180 | | 6.20required to be corrected. |
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181 | 181 | | 6.21 Subd. 11.Certification.The certifying organization shall certify a recovery residence |
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182 | 182 | | 6.22upon approval of the application and inspection. Applications must be approved or denied |
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183 | 183 | | 6.23within 30 days of receiving all required documentation and completing the required |
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184 | 184 | | 6.24inspection. The certification automatically terminates two years after issuance if the certifying |
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185 | 185 | | 6.25organization does not renew the certification or grant an extension. Upon certification, the |
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186 | 186 | | 6.26certifying organization shall issue the recovery residence a proof of certification. |
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187 | 187 | | 6.27 Subd. 12.Content of proof of certification.The proof of certification issued to the |
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188 | 188 | | 6.28recovery residence must include: |
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189 | 189 | | 6.29 (1) the name of the holder of the certification, which may be the individual applicant or |
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190 | 190 | | 6.30the name of the parent organization; |
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191 | 191 | | 6.31 (2) the address of the certified recovery residence; |
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192 | 192 | | 6.32 (3) the maximum number of persons to reside in the recovery residence; and |
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193 | 193 | | 6.33 (4) the expiration date. |
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194 | 194 | | 6Sec. 3. |
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195 | 195 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 7.1 Subd. 13.Display of proof of certification.A recovery residence must publicly display |
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196 | 196 | | 7.2a proof of certification in the recovery residence. |
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197 | 197 | | 7.3 Subd. 14.Nontransferable.Certifications issued pursuant to this section cannot be |
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198 | 198 | | 7.4transferred to an address other than the address in the application. An entity operating a |
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199 | 199 | | 7.5recovery residence must apply for a new certification if there is a material change in the |
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200 | 200 | | 7.6ownership or control of the entity. |
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201 | 201 | | 7.7 Subd. 15.Required residency agreement provisions.In order to be certified under |
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202 | 202 | | 7.8sections 254B.25 to 254B.267, a residency agreement between a resident and an owner or |
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203 | 203 | | 7.9operator must contain: |
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204 | 204 | | 7.10 (1) the recovery residence's termination and return-to-use policies; |
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205 | 205 | | 7.11 (2) a notice that normal landlord-tenant protections do not apply to certified recovery |
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206 | 206 | | 7.12residences and that if the resident violates the agreement, the resident may be removed |
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207 | 207 | | 7.13within 24 hours; |
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208 | 208 | | 7.14 (3) the length of time the recovery residence will keep the resident's property if the |
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209 | 209 | | 7.15resident is terminated or vacates the property. The timelines under this clause must be no |
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210 | 210 | | 7.16shorter than those in section 254B.255, subdivision 4; and |
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211 | 211 | | 7.17 (4) the recovery residence's medication storage policies. |
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212 | 212 | | 7.18 Subd. 16.Background checks.All controlling individuals, as defined in section 245A.02, |
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213 | 213 | | 7.19subdivision 5a, of an applicant recovery residence must complete a background check under |
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214 | 214 | | 7.20chapter 245C. This subdivision does not apply to recovery residences certified pursuant to |
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215 | 215 | | 7.21subdivision 3. |
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216 | 216 | | 7.22 Subd. 17.Removal of owner, operator, director, or chief financial officer.(a) A |
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217 | 217 | | 7.23recovery residence may not be certified if, for a controlling individual: (1) less than five |
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218 | 218 | | 7.24years have passed since the discharge of the sentence imposed, if any, for the offense; and |
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219 | 219 | | 7.25(2) the individual has committed a violation of section: 254B.265 (patient brokering); 256.98 |
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220 | 220 | | 7.26(wrongfully obtaining assistance); 268.182 (fraud); 609.2325 (criminal abuse of a vulnerable |
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221 | 221 | | 7.27adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report |
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222 | 222 | | 7.28maltreatment of a vulnerable adult); 609.466 (medical assistance fraud); or 609.527 (identity |
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223 | 223 | | 7.29theft). |
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224 | 224 | | 7.30 (b) If a controlling individual commits any of the crimes listed in paragraph (a), the |
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225 | 225 | | 7.31certified recovery residence must immediately remove the controlling individual from any |
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226 | 226 | | 7.32operating authority, begin removing or divesting the individual as a controlling individual, |
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227 | 227 | | 7.33and notify the certifying organization. |
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228 | 228 | | 7Sec. 3. |
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229 | 229 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 8.1 (c) The certifying organization shall suspend the certification of any recovery residence |
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230 | 230 | | 8.2that fails to comply with this subdivision. |
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231 | 231 | | 8.3 (d) For the purpose of this subdivision, a violation of the crimes listed in paragraph (a) |
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232 | 232 | | 8.4includes: |
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233 | 233 | | 8.5 (1) a controlling individual's aiding and abetting, attempt, or conspiracy to commit any |
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234 | 234 | | 8.6of the offenses listed in paragraph (a); |
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235 | 235 | | 8.7 (2) an individual's offense in any other state or country where the elements of the offense |
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236 | 236 | | 8.8are substantially similar to any of the offenses listed in paragraph (a); and |
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237 | 237 | | 8.9 (3) a judicial determination other than a conviction. |
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238 | 238 | | 8.10 Subd. 18.Renewal application.At least 30 days prior to the expiration of certification, |
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239 | 239 | | 8.11a certified recovery residence shall submit a renewal application and any required fee to |
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240 | 240 | | 8.12the certifying organization in a format required by the certifying organization. Upon |
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241 | 241 | | 8.13inspection and determination by the certifying organization that the recovery residence |
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242 | 242 | | 8.14continues to meet the requirements of sections 254B.25 to 254B.267, the certifying |
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243 | 243 | | 8.15organization shall reissue a certification for a period of two years. |
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244 | 244 | | 8.16 Subd. 19.Online applications.The certifying organization shall allow applicants to |
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245 | 245 | | 8.17submit initial and renewal applications through an online portal that includes the ability to |
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246 | 246 | | 8.18upload supporting documentation and electronically pay any fees. |
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247 | 247 | | 8.19 Subd. 20.Online registry.The commissioner or certifying organization shall publish |
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248 | 248 | | 8.20and maintain a publicly accessible online registry of all certified recovery residences through |
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249 | 249 | | 8.21the commissioner's or certifying organization's website. The recovery residence registry |
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250 | 250 | | 8.22must be updated at least weekly. |
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251 | 251 | | 8.23 Subd. 21.Denial of applications.(a) The certifying organization may deny an application |
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252 | 252 | | 8.24if: |
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253 | 253 | | 8.25 (1) the applicant does not meet the requirements of sections 254B.25 to 254B.267 or |
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254 | 254 | | 8.26the rules adopted pursuant to section 254B.254; or |
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255 | 255 | | 8.27 (2) the applicant, owner, or operator provides materially false or misleading information |
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256 | 256 | | 8.28on an initial or renewal application. |
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257 | 257 | | 8.29 (b) If an application is denied pursuant to paragraph (a), clause (1), the certifying |
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258 | 258 | | 8.30organization must notify the recovery residence of the reason for denial and require the |
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259 | 259 | | 8.31residence to submit a plan of action under subdivision 10 to correct the deficiency by a |
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260 | 260 | | 8.32specified date. If the recovery residence follows the action plan and corrects the deficiency, |
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261 | 261 | | 8Sec. 3. |
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262 | 262 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 9.1the certifying organization must reinspect the residence and certify the recovery residence |
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263 | 263 | | 9.2if it meets the requirements of sections 254B.25 to 254B.267 and the rules adopted pursuant |
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264 | 264 | | 9.3to section 254B.254. |
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265 | 265 | | 9.4 Subd. 22.Uncertified recovery residences.Nothing in sections 254B.25 to 254B.267 |
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266 | 266 | | 9.5prohibits a recovery residence that is not certified from operating or advertising as an |
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267 | 267 | | 9.6uncertified recovery residence or from offering residence to persons recovering from |
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268 | 268 | | 9.7substance use disorder. |
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269 | 269 | | 9.8 Sec. 4. [254B.253] SERVICES OFFERED AND LEVELS OF SUPPORT. |
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270 | 270 | | 9.9 (a) The certifying organization shall certify applicants as level 1, peer run; level 2, |
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271 | 271 | | 9.10monitored; or level 3, supervised recovery residences, as provided in this section. |
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272 | 272 | | 9.11 (b) A level 1 peer-run recovery residence provides no on-site paid staff or operator of |
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273 | 273 | | 9.12the recovery residence. A level 1 recovery residence is self-governed and democratically |
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274 | 274 | | 9.13run. No on-site services are provided at a level 1 recovery residence, and no paid staff live |
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275 | 275 | | 9.14or work within the residence. |
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276 | 276 | | 9.15 (c) A level 2 monitored residence provides an on-site house manager or managers who |
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277 | 277 | | 9.16may be compensated by free or reduced recovery residence fees. Residents participate in |
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278 | 278 | | 9.17the governance of the residence in concert with the recovery residence staff and operator. |
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279 | 279 | | 9.18A level 2 recovery residence provides community or house meetings, peer recovery supports, |
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280 | 280 | | 9.19and involvement in self-help or off-site treatment services. |
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281 | 281 | | 9.20 (d) A level 3 supervised recovery residence provides a paid house manager, administrative |
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282 | 282 | | 9.21support, and a certified peer recovery support service provider. Resident participation in |
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283 | 283 | | 9.22level 3 recovery residence governance varies, with most limited to senior resident |
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284 | 284 | | 9.23participation. A level 3 recovery residence is affiliated with mutual support groups and |
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285 | 285 | | 9.24clinical services in the community and provides community or house meetings, peer recovery |
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286 | 286 | | 9.25supports, peer or professional life skills training on site, and peer recovery support services. |
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287 | 287 | | 9.26A level 3 recovery residence may also provide other programmatic services, delivered by |
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288 | 288 | | 9.27either peer or paid staff, but does not offer clinical services. |
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289 | 289 | | 9.28 Sec. 5. [254B.254] RECOVERY RESIDENCE RULES. |
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290 | 290 | | 9.29 The commissioner must incorporate standards adopted by the certifying organization |
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291 | 291 | | 9.30into Minnesota Rules by reference. The standards must be based on standards issued by a |
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292 | 292 | | 9.31national standard-setting body and meet the requirements of section 14.07, subdivision 4. |
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293 | 293 | | 9.32If the certifying organization's standards do not meet the requirements of section 14.07, |
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294 | 294 | | 9Sec. 5. |
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295 | 295 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 10.1subdivision 4, the commissioner shall adopt rules based on the certifying organization's |
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296 | 296 | | 10.2standards. |
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297 | 297 | | 10.3 Sec. 6. [254B.255] TERMINATION OF RESIDENCY AND EVICTION. |
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298 | 298 | | 10.4 Subdivision 1.In general.Notwithstanding any other provision of law or any rights or |
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299 | 299 | | 10.5obligations under chapter 504B, a certified recovery residence may terminate a resident's |
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300 | 300 | | 10.6residency for a substantial violation of the residency agreement. |
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301 | 301 | | 10.7 Subd. 2.Writ of recovery.(a) If a resident substantially violates a residency agreement, |
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302 | 302 | | 10.8a certified recovery residence may file a petition in district court or, if in Hennepin or Ramsey |
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303 | 303 | | 10.9County, in housing court for a writ of recovery. The certified recovery residence must |
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304 | 304 | | 10.10include with the petition: |
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305 | 305 | | 10.11 (1) a copy of the residency agreement signed by the resident; |
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306 | 306 | | 10.12 (2) a copy of the recovery residence's proof of certification; and |
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307 | 307 | | 10.13 (3) an affidavit by an owner or operator of the facts that demonstrate a substantial |
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308 | 308 | | 10.14violation of the residency agreement and that the resident has been notified in writing of |
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309 | 309 | | 10.15their termination and the timelines under this section. |
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310 | 310 | | 10.16 (b) When the court receives a petition that meets the requirements of this section and |
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311 | 311 | | 10.17the court confirms that the recovery residency is currently certified in the recovery residence |
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312 | 312 | | 10.18registry, the court must issue a writ of recovery no sooner than 24 hours excluding weekends |
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313 | 313 | | 10.19and no later than 72 hours excluding weekends after the petition was filed. |
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314 | 314 | | 10.20 Subd. 3.Appeal.A resident whose tenancy has been terminated by the recovery residence |
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315 | 315 | | 10.21under this section may dispute the termination by filing in conciliation court within 30 days |
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316 | 316 | | 10.22of the recovery residence a petition under subdivision 2 or, if applicable, the court issuing |
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317 | 317 | | 10.23a writ of recovery. During the 30-day window or while a court case disputing the termination |
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318 | 318 | | 10.24is open the residence is not required to allow the resident to continue residing on the premises |
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319 | 319 | | 10.25but must not allow another or new resident to occupy the resident's room or bed. |
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320 | 320 | | 10.26 Subd. 4.Return of property.(a) A resident whose tenancy is terminated pursuant to |
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321 | 321 | | 10.27this section or who has voluntarily left the residence permanently may make a written request |
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322 | 322 | | 10.28to the recovery residence for the return of any personal property left in the residence by the |
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323 | 323 | | 10.29tenant on the resident's departure according to the timeline in the residency agreement, |
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324 | 324 | | 10.30which must be at least 30 days from the date of: |
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325 | 325 | | 10.31 (1) voluntary departure; |
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326 | 326 | | 10.32 (2) termination; or |
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327 | 327 | | 10Sec. 6. |
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328 | 328 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 11.1 (3) final disposition of any court case disputing a termination under this section. |
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329 | 329 | | 11.2 (b) Upon receipt of a request under paragraph (a), the recovery residence shall return |
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330 | 330 | | 11.3any personal property belonging to the resident within 60 days from the date of the request. |
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331 | 331 | | 11.4 (c) The recovery residence is not required to retain the personal property of a resident |
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332 | 332 | | 11.5whose tenancy is terminated or who has voluntarily permanently left the residence |
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333 | 333 | | 11.6indefinitely, and the recovery residence is not responsible for the relocation, storage, or |
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334 | 334 | | 11.7safeguarding of the former resident's property beyond the time period in paragraph (a). |
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335 | 335 | | 11.8 Sec. 7. [254B.256] RESIDENTS' RIGHTS. |
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336 | 336 | | 11.9 Subdivision 1.In general.The commissioner must implement rules based on nationally |
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337 | 337 | | 11.10recognized standards for recovery residents' rights, and the commissioner or certifying |
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338 | 338 | | 11.11organization must maintain a list of the resident rights on its website. |
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339 | 339 | | 11.12 Subd. 2.Complaint.A resident may file a complaint with the commissioner or certifying |
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340 | 340 | | 11.13organization pursuant to section 254B.263 for the failure of a recovery residence to uphold |
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341 | 341 | | 11.14the rights implemented pursuant to this section. |
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342 | 342 | | 11.15Sec. 8. [254B.257] TRAINING AND TECHNICAL ASSISTANCE. |
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343 | 343 | | 11.16 The commissioner or certifying organization shall develop a training and technical |
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344 | 344 | | 11.17assistance program for the benefit of recovery residences and certified recovery residences |
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345 | 345 | | 11.18to: |
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346 | 346 | | 11.19 (1) assist owners, operators, house managers, and other staff with: |
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347 | 347 | | 11.20 (i) developing an understanding of the statutes and regulations applicable to recovery |
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348 | 348 | | 11.21residences in Minnesota; |
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349 | 349 | | 11.22 (ii) completing the application process for certification; and |
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350 | 350 | | 11.23 (iii) answering questions regarding the day-to-day operation of recovery residences; |
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351 | 351 | | 11.24 (2) assist newly certified recovery residences; |
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352 | 352 | | 11.25 (3) encourage consistency in standards among certified recovery residences; |
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353 | 353 | | 11.26 (4) improve the quality and effectiveness of recovery residences and their ability to serve |
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354 | 354 | | 11.27diverse communities; and |
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355 | 355 | | 11.28 (5) promote a collaborative relationship between certified recovery residences and the |
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356 | 356 | | 11.29certifying organization. |
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357 | 357 | | 11Sec. 8. |
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358 | 358 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 12.1 Sec. 9. [254B.258] ACCESS TO MEDICATION. |
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359 | 359 | | 12.2 Subdivision 1.In general.All certified recovery residences shall ensure that a resident |
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360 | 360 | | 12.3who is legitimately prescribed or dispensed medications, including medications for the |
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361 | 361 | | 12.4treatment of substance use disorder, from an individual legally authorized to prescribe or |
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362 | 362 | | 12.5dispense the medication has access to the medication and is not denied tenancy in a recovery |
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363 | 363 | | 12.6residence or made to discontinue the use of the medication in order to stay at the residence. |
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364 | 364 | | 12.7 Subd. 2.Security.(a) Certified recovery residences shall implement provisions for the |
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365 | 365 | | 12.8safe storage of, and access to, resident medications. |
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366 | 366 | | 12.9 (b) Policies under paragraph (a) must not impair the ability of the resident to take such |
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367 | 367 | | 12.10medications as prescribed and must be disclosed to the resident at the time of intake. |
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368 | 368 | | 12.11Sec. 10. [254B.259] ACCESS TO FUNDING AND REFERRALS. |
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369 | 369 | | 12.12 Subdivision 1.Limitation on the use of funds.State, county, and local government |
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370 | 370 | | 12.13money, including grant money and federal money administered by the state, used to support |
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371 | 371 | | 12.14recovery residences must be available only to recovery residences certified under sections |
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372 | 372 | | 12.15254B.25 to 254B.267. |
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373 | 373 | | 12.16 Subd. 2.Limitation on referrals.(a) A licensed inpatient or outpatient substance use |
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374 | 374 | | 12.17disorder treatment provider or state-funded or state-operated program may not make a |
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375 | 375 | | 12.18referral of a prospective, current, or discharged patient to or accept a referral from a recovery |
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376 | 376 | | 12.19residence unless, at the time of referral, the recovery residence is certified pursuant to |
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377 | 377 | | 12.20sections 254B.25 to 254B.267. |
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378 | 378 | | 12.21 (b) For purposes of this section, a licensed inpatient or outpatient substance use disorder |
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379 | 379 | | 12.22treatment provider, state-funded or state-operated program, or recovery residence makes a |
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380 | 380 | | 12.23referral if the provider or recovery residence informs a patient by any means about the name, |
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381 | 381 | | 12.24address, or other details of a recovery residence or provider or informs a provider or recovery |
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382 | 382 | | 12.25residence of any identifying details about a patient. |
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383 | 383 | | 12.26 Subd. 3.No obligation.Nothing in this section requires a licensed substance use disorder |
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384 | 384 | | 12.27treatment provider to refer a patient to or accept a referral from a recovery residence. |
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385 | 385 | | 12.28 Subd. 4.Exceptions.Subdivision 2 does not apply to: |
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386 | 386 | | 12.29 (1) referrals by a recovery residence to a licensed state drug and alcohol treatment service |
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387 | 387 | | 12.30provider when the recovery residence or its owners, directors, operators, or employees do |
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388 | 388 | | 12.31not benefit, directly or indirectly, from the referral; and |
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389 | 389 | | 12Sec. 10. |
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390 | 390 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 13.1 (2) the referral of a patient to or acceptance of a referral of a patient from a recovery |
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391 | 391 | | 13.2residence: |
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392 | 392 | | 13.3 (i) that has no direct or indirect financial or other referral relationship with the licensed |
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393 | 393 | | 13.4service provider; and |
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394 | 394 | | 13.5 (ii) where the residence or any resident of the residence does not receive a benefit, |
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395 | 395 | | 13.6directly or indirectly, for the referral. |
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396 | 396 | | 13.7 Sec. 11. [254B.26] LOCAL ZONING. |
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397 | 397 | | 13.8 (a) Except as otherwise provided for in sections 254B.25 to 254B.267 and notwithstanding |
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398 | 398 | | 13.9any other law or regulation to the contrary, certified recovery residences must be considered |
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399 | 399 | | 13.10a permitted single-family residential use of property for the purposes of zoning and other |
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400 | 400 | | 13.11land use regulations. Certified recovery residences must not be prohibited by operation of |
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401 | 401 | | 13.12restrictive covenants or similar restrictions, regardless of when entered into, that cannot be |
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402 | 402 | | 13.13met because of the nature of the certified recovery residence, including provisions that |
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403 | 403 | | 13.14require the home's occupants be related, that the home must be occupied by the owner, or |
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404 | 404 | | 13.15similar provisions. |
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405 | 405 | | 13.16 (b) A restriction, prohibition, or other provision, including provisions related to the |
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406 | 406 | | 13.17building or fire codes, is unenforceable if that restriction, prohibition, or provision does not |
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407 | 407 | | 13.18also apply to similar types of structures in the same zoning district occupied by a single |
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408 | 408 | | 13.19family. |
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409 | 409 | | 13.20Sec. 12. [254B.261] DATA COLLECTION. |
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410 | 410 | | 13.21 Subdivision 1.In general.(a) Certified recovery residences must submit any of the |
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411 | 411 | | 13.22following outcome data on residents to the commissioner: |
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412 | 412 | | 13.23 (1) abstinence from substance use; |
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413 | 413 | | 13.24 (2) change in employment or education status; |
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414 | 414 | | 13.25 (3) change in earnings; |
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415 | 415 | | 13.26 (4) housing stability; |
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416 | 416 | | 13.27 (5) admissions and readmissions to treatment; |
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417 | 417 | | 13.28 (6) criminal justice involvement; |
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418 | 418 | | 13.29 (7) child welfare involvement; |
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419 | 419 | | 13.30 (8) civic engagement; |
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420 | 420 | | 13Sec. 12. |
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421 | 421 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 14.1 (9) access to needed physical or behavioral health services and social services; |
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422 | 422 | | 14.2 (10) access to private or public health insurance; |
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423 | 423 | | 14.3 (11) length of stay in the recovery residence; and |
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424 | 424 | | 14.4 (12) number of terminations due to return to use. |
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425 | 425 | | 14.5 (b) All data submitted pursuant to this section must be deidentified to remove any |
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426 | 426 | | 14.6personally identifiable information. |
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427 | 427 | | 14.7 Subd. 2.Study of state recovery housing needs.The commissioner or certifying |
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428 | 428 | | 14.8organization may conduct an environmental scan and needs assessment study to determine |
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429 | 429 | | 14.9the recovery housing needs of Minnesota and the location and adequacy of available |
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430 | 430 | | 14.10residences to meet that need. Any initial study must be completed by ........ Subsequent |
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431 | 431 | | 14.11studies must be completed no less frequently than once every three years following the |
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432 | 432 | | 14.12initial study. |
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433 | 433 | | 14.13 Subd. 3.Survey areas.The study provided by subdivision 3 may assess the adequacy: |
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434 | 434 | | 14.14 (1) of recovery housing relative to population in all areas of the state; |
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435 | 435 | | 14.15 (2) of low-cost or subsidized recovery residences; and |
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436 | 436 | | 14.16 (3) of recovery housing for underserved and difficult-to-serve populations, including |
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437 | 437 | | 14.17parents with children; pregnant women; reentry populations; persons living with HIV; |
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438 | 438 | | 14.18ethnic, racial, and other minorities; physically disabled persons; and Tribal communities. |
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439 | 439 | | 14.19 Subd. 4.Annual report.(a) The commissioner or certifying organization shall analyze |
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440 | 440 | | 14.20any data collected pursuant to subdivisions 1 and 3 and issue an annual report to the governor |
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441 | 441 | | 14.21and the chairs and ranking minority members of the legislative committees with jurisdiction |
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442 | 442 | | 14.22over substance use disorder treatment assessing the effectiveness of certified recovery |
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443 | 443 | | 14.23residences in Minnesota, including any outcomes determined by a study conducted pursuant |
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444 | 444 | | 14.24to subdivision 4. |
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445 | 445 | | 14.25 (b) The commissioner or certifying organization shall make the annual report under this |
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446 | 446 | | 14.26subdivision available on its website for use by the public. |
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447 | 447 | | 14.27Sec. 13. [254B.262] SANCTIONS. |
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448 | 448 | | 14.28 Subdivision 1.Suspension.(a) The certifying organization shall suspend a certification |
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449 | 449 | | 14.29if: |
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450 | 450 | | 14Sec. 13. |
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451 | 451 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 15.1 (1) the nature or number of violations revealed by any type of inspection or investigation |
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452 | 452 | | 15.2of a recovery residence indicates a direct risk to the life, health, or safety of a resident, staff |
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453 | 453 | | 15.3member, visitor, or other individual on the premises; or |
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454 | 454 | | 15.4 (2) a certified recovery residence is not in compliance with any provision of sections |
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455 | 455 | | 15.5254B.25 to 254B.267 and fails to: |
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456 | 456 | | 15.6 (i) file a plan of action with the certifying organization to correct any identified |
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457 | 457 | | 15.7deficiencies pursuant to section 254B.252, subdivision 10, within the time required by the |
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458 | 458 | | 15.8certifying organization; or |
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459 | 459 | | 15.9 (ii) remedy all deficiencies identified by the certifying organization within the time |
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460 | 460 | | 15.10required, unless an extension of time is granted by the certifying organization. |
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461 | 461 | | 15.11 (b) Suspensions must last until the certifying organization reinspects the property and |
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462 | 462 | | 15.12finds no deficiencies. |
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463 | 463 | | 15.13 Subd. 2.Nature or number of violations.In determining whether a violation poses a |
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464 | 464 | | 15.14direct risk to the life, health, or safety of a resident, staff member, visitor, or other individual |
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465 | 465 | | 15.15on the premises of the certified recovery residence, the certifying organization shall consider: |
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466 | 466 | | 15.16 (1) repeated violations of statutes or rules; |
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467 | 467 | | 15.17 (2) a pattern of violations; |
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468 | 468 | | 15.18 (3) the types of violations; |
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469 | 469 | | 15.19 (4) the severity of violations; and |
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470 | 470 | | 15.20 (5) the number of violations. |
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471 | 471 | | 15.21 Subd. 3.Revocation.The certifying organization must revoke a certification if: |
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472 | 472 | | 15.22 (1) the applicant, owner, or operator provides materially false or misleading information |
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473 | 473 | | 15.23on a renewal application, as part of an inspection, or in response to a complaint; or |
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474 | 474 | | 15.24 (2) a recovery residence's certification is up for renewal and has been suspended for at |
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475 | 475 | | 15.25least 30 days. |
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476 | 476 | | 15.26 Subd. 4.Misrepresentation of certification; fine.A recovery residence that has not |
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477 | 477 | | 15.27been certified pursuant sections 254B.25 to 254B.267 and holds itself out as a certified |
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478 | 478 | | 15.28recovery residence shall be subject to an injunction and will be subject to a fine of not more |
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479 | 479 | | 15.29than $....... for each violation. |
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480 | 480 | | 15Sec. 13. |
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481 | 481 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 16.1 Subd. 5.Notification.(a) The certifying organization shall provide written notification |
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482 | 482 | | 16.2of any sanction to the recovery residence operator. The written notification must include |
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483 | 483 | | 16.3an explanation of: |
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484 | 484 | | 16.4 (1) the reason for the sanction; |
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485 | 485 | | 16.5 (2) for suspensions, the requirement that the recovery residence submit an action plan |
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486 | 486 | | 16.6under section 254B.252, subdivision 10; |
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487 | 487 | | 16.7 (3) any rights of appeal the recovery residence may have; and |
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488 | 488 | | 16.8 (4) the process for asserting those rights. |
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489 | 489 | | 16.9 (b) The certifying organization shall provide written notification of a suspension or |
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490 | 490 | | 16.10revocation of a certification to the county and municipality where the recovery residence |
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491 | 491 | | 16.11is located. |
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492 | 492 | | 16.12Sec. 14. [254B.263] COMPLAINTS. |
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493 | 493 | | 16.13 Subdivision 1.In general.The certifying organization shall establish a toll-free telephone |
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494 | 494 | | 16.14number or an online complaint form, or both, to receive complaints from residents, staff, |
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495 | 495 | | 16.15and the general public regarding certified recovery residences. |
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496 | 496 | | 16.16 Subd. 2.Types of complaints.The certifying organization must accept and review |
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497 | 497 | | 16.17complaints that concern: |
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498 | 498 | | 16.18 (1) the health of residents and safety of the recovery residence; |
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499 | 499 | | 16.19 (2) management of the recovery residence, including but not limited to house |
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500 | 500 | | 16.20environment, financial procedures, staffing, house rules and regulations, improper handling |
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501 | 501 | | 16.21of resident terminations, and recovery support environment; or |
---|
502 | 502 | | 16.22 (3) illegal activities or threats. |
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503 | 503 | | 16.23 Subd. 3.Investigation.(a) Complaints regarding illegal activities or threats must be |
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504 | 504 | | 16.24immediately referred to law enforcement in the jurisdiction where the recovery residence |
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505 | 505 | | 16.25is located. The certifying organization shall continue to investigate matters referred to law |
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506 | 506 | | 16.26enforcement that involve complaints contained in subdivision 2, clause (3), unless law |
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507 | 507 | | 16.27enforcement requests the certifying organization to stay its investigation. |
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508 | 508 | | 16.28 (b) The certifying organization shall investigate all other types of complaints under this |
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509 | 509 | | 16.29section and may take any action necessary to conduct an investigation, including but not |
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510 | 510 | | 16.30limited to interviewing the recovery residence operator, house manager, staff, and residents, |
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511 | 511 | | 16.31and conducting an inspection of the premises. |
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512 | 512 | | 16Sec. 14. |
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513 | 513 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 17.1 Subd. 4.Anonymity.When making a complaint pursuant to this section, an individual |
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514 | 514 | | 17.2must disclose their identity to the certifying organization. Unless ordered by a court or |
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515 | 515 | | 17.3authorized by the complainant, the commissioner or certifying organization must not disclose |
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516 | 516 | | 17.4the complainant's identity. |
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517 | 517 | | 17.5 Subd. 5.Prohibition against retaliation.A recovery residence owner, operator, director, |
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518 | 518 | | 17.6staff member including house manager, volunteer, or resident must not be subject to |
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519 | 519 | | 17.7retaliation, including but not limited to interference, threats, coercion, harassment, or |
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520 | 520 | | 17.8discrimination for making any complaint against a recovery residence or against a recovery |
---|
521 | 521 | | 17.9residence owner, operator, or chief financial officer. |
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522 | 522 | | 17.10Sec. 15. [254B.264] RECONSIDERATION. |
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523 | 523 | | 17.11 Subdivision 1.In general.A recovery residence may request reconsideration of a decision |
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524 | 524 | | 17.12to deny an application, suspend or revoke certification, or impose a fine by notifying the |
---|
525 | 525 | | 17.13commissioner by certified mail or personal service. The request must be made in writing. |
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526 | 526 | | 17.14If sent by certified mail, the request must be postmarked and sent to the commissioner within |
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527 | 527 | | 17.1520 calendar days after the certification holder received notification of the decision. If a |
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528 | 528 | | 17.16request is made by personal service, it must be received by the commissioner within 20 |
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529 | 529 | | 17.17calendar days after the certification holder received notification of the decision. With the |
---|
530 | 530 | | 17.18request for reconsideration, the certification holder may submit a written argument or |
---|
531 | 531 | | 17.19evidence in support of the request for reconsideration. |
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532 | 532 | | 17.20 Subd. 2.Administrative appeal.A recovery residence may request an administrative |
---|
533 | 533 | | 17.21hearing pursuant to chapter 14 within 30 days of receiving notice of an adverse decision of |
---|
534 | 534 | | 17.22the commissioner under this section. |
---|
535 | 535 | | 17.23Sec. 16. [254B.265] CRIMES. |
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536 | 536 | | 17.24 Subdivision 1.Patient brokering.(a) Whoever does any of the following acts commits |
---|
537 | 537 | | 17.25the crime of patient brokering and may be sentenced as provided in subdivision 2: |
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538 | 538 | | 17.26 (1) offers or pays a commission, benefit, bonus, rebate, kickback, or bribe, directly or |
---|
539 | 539 | | 17.27indirectly, in cash or in kind, or engages in any split-fee arrangement, in any form whatsoever, |
---|
540 | 540 | | 17.28to induce the referral of a patient or patronage to or from a licensed state drug and alcohol |
---|
541 | 541 | | 17.29treatment service provider, health care provider, or health care facility; |
---|
542 | 542 | | 17.30 (2) solicits or receives a commission, benefit, bonus, rebate, kickback, or bribe, directly |
---|
543 | 543 | | 17.31or indirectly, in cash or in kind, or engages in any split-fee arrangement, in any form |
---|
544 | 544 | | 17Sec. 16. |
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545 | 545 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 18.1whatsoever, in return for referring a patient or patronage to or from a licensed state drug |
---|
546 | 546 | | 18.2and alcohol treatment service provider, health care provider, or health care facility; |
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547 | 547 | | 18.3 (3) solicits or receives a commission, benefit, bonus, rebate, kickback, or bribe, directly |
---|
548 | 548 | | 18.4or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form |
---|
549 | 549 | | 18.5whatsoever, in return for the acceptance or acknowledgment of treatment from a licensed |
---|
550 | 550 | | 18.6state drug and alcohol treatment service provider, health care provider, or health care facility; |
---|
551 | 551 | | 18.7or |
---|
552 | 552 | | 18.8 (4) aids, abets, advises, or otherwise participates in the conduct prohibited under clauses |
---|
553 | 553 | | 18.9(1) to (3). |
---|
554 | 554 | | 18.10 (b) This subdivision does not apply to any payment, waiver of payment, or payment |
---|
555 | 555 | | 18.11practice expressly authorized by United States Code, title 42, section 1320a-7b(b)(3). |
---|
556 | 556 | | 18.12 Subd. 2.Penalty.(a) Whoever violates subdivision 1, when the total value of the |
---|
557 | 557 | | 18.13commissions, benefits, bonuses, rebates, kickbacks, and bribes is less than $....... is guilty |
---|
558 | 558 | | 18.14of a misdemeanor. |
---|
559 | 559 | | 18.15 (b) Whoever violates subdivision 1, when the total value of the commissions, benefits, |
---|
560 | 560 | | 18.16bonuses, rebates, kickbacks, and bribes is greater than $....... and less than $....... is guilty |
---|
561 | 561 | | 18.17of a gross misdemeanor. |
---|
562 | 562 | | 18.18 (c) Whoever violates subdivision 1, when the total value of the commissions, benefits, |
---|
563 | 563 | | 18.19bonuses, rebates, kickbacks, and bribes is greater than $........ is guilty of a felony and may |
---|
564 | 564 | | 18.20be sentenced to imprisonment for not more than ....... or to payment of a fine not to exceed |
---|
565 | 565 | | 18.21$........ |
---|
566 | 566 | | 18.22 Subd. 3.Unlawful referral.Any person who willfully and knowingly violates section |
---|
567 | 567 | | 18.23254B.259, subdivision 2, is guilty of a ....... and may be sentenced to imprisonment for not |
---|
568 | 568 | | 18.24more than ....... or to payment of a fine not to exceed $........ |
---|
569 | 569 | | 18.25 Subd. 4.Fines.All fines collected pursuant to this section must be deposited into ....... |
---|
570 | 570 | | 18.26fund for use by the commissioner to administer sections 254B.25 to 254B.267. |
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571 | 571 | | 18.27Sec. 17. [254B.266] CONFIDENTIALITY. |
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572 | 572 | | 18.28 Subdivision 1.Recovery residence records.Records of residents maintained by certified |
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573 | 573 | | 18.29recovery residences are private data on individuals under chapter 13. |
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574 | 574 | | 18.30 Subd. 2.Commissioner.The commissioner shall not maintain any personally identifiable |
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575 | 575 | | 18.31information regarding any resident of a certified recovery residence in connection with its |
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576 | 576 | | 18.32role under sections 254B.25 to 254B.267. |
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577 | 577 | | 18Sec. 17. |
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578 | 578 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 19.1 Sec. 18. [254B.267] FUNDING. |
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579 | 579 | | 19.2 The commissioner shall pursue all federal funding, matching funds, and foundation or |
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580 | 580 | | 19.3other charitable funding for the initial and ongoing costs associated with sections 254B.25 |
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581 | 581 | | 19.4to 254B.267. |
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582 | 582 | | 19.5 Sec. 19. Minnesota Statutes 2024, section 256I.03, is amended by adding a subdivision |
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583 | 583 | | 19.6to read: |
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584 | 584 | | 19.7 Subd. 6a.Certified recovery residence."Certified recovery residence" has the meaning |
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585 | 585 | | 19.8given in section 254B.251, subdivision 3. |
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586 | 586 | | 19.9 Sec. 20. Minnesota Statutes 2024, section 256I.03, is amended by adding a subdivision |
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587 | 587 | | 19.10to read: |
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588 | 588 | | 19.11 Subd. 14c.Recovery residence registry."Recovery residence registry" has the meaning |
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589 | 589 | | 19.12given in section 254B.251, subdivision 15. |
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590 | 590 | | 19.13Sec. 21. Minnesota Statutes 2024, section 256I.04, subdivision 1, is amended to read: |
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591 | 591 | | 19.14 Subdivision 1.Individual eligibility requirements.An individual is eligible for and |
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592 | 592 | | 19.15entitled to a housing support payment to be made on the individual's behalf if the agency |
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593 | 593 | | 19.16has approved the setting where the individual will receive housing support and the individual |
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594 | 594 | | 19.17meets the requirements in paragraph (a), (b), (c), or (d), or (e). |
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595 | 595 | | 19.18 (a) The individual is aged, blind, or is over 18 years of age with a disability as determined |
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596 | 596 | | 19.19under the criteria used by the title II program of the Social Security Act, and meets the |
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597 | 597 | | 19.20resource restrictions and standards of section 256P.02, and the individual's countable income |
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598 | 598 | | 19.21after deducting the (1) exclusions and disregards of the SSI program, (2) the medical |
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599 | 599 | | 19.22assistance personal needs allowance under section 256B.35, and (3) an amount equal to the |
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600 | 600 | | 19.23income actually made available to a community spouse by an elderly waiver participant |
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601 | 601 | | 19.24under the provisions of sections 256B.0575, paragraph (a), clause (4), and 256B.058, |
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602 | 602 | | 19.25subdivision 2, is less than the monthly rate specified in the agency's agreement with the |
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603 | 603 | | 19.26provider of housing support in which the individual resides. |
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604 | 604 | | 19.27 (b) The individual meets a category of eligibility under section 256D.05, subdivision 1, |
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605 | 605 | | 19.28paragraph (a), clauses (1), (3), (4) to (8), and (13), and paragraph (b), if applicable, and the |
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606 | 606 | | 19.29individual's resources are less than the standards specified by section 256P.02, and the |
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607 | 607 | | 19.30individual's countable income as determined under section 256P.06, less the medical |
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608 | 608 | | 19.31assistance personal needs allowance under section 256B.35 is less than the monthly rate |
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609 | 609 | | 19Sec. 21. |
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610 | 610 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 20.1specified in the agency's agreement with the provider of housing support in which the |
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611 | 611 | | 20.2individual resides. |
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612 | 612 | | 20.3 (c) The individual lacks a fixed, adequate, nighttime residence upon discharge from a |
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613 | 613 | | 20.4residential behavioral health treatment program, as determined by treatment staff from the |
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614 | 614 | | 20.5residential behavioral health treatment program. An individual is eligible under this paragraph |
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615 | 615 | | 20.6for up to three months, including a full or partial month from the individual's move-in date |
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616 | 616 | | 20.7at a setting approved for housing support following discharge from treatment, plus two full |
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617 | 617 | | 20.8months. |
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618 | 618 | | 20.9 (d) The individual meets the criteria related to establishing a certified disability or |
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619 | 619 | | 20.10disabling condition in paragraph (a) or (b) and lacks a fixed, adequate, nighttime residence |
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620 | 620 | | 20.11upon discharge from a correctional facility, as determined by an authorized representative |
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621 | 621 | | 20.12from a Minnesota-based correctional facility. An individual is eligible under this paragraph |
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622 | 622 | | 20.13for up to three months, including a full or partial month from the individual's move-in date |
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623 | 623 | | 20.14at a setting approved for housing support following release, plus two full months. Any |
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624 | 624 | | 20.15income received by people who meet the disabling condition criteria established in paragraph |
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625 | 625 | | 20.16(a) or (b) is not countable for the duration of eligibility under this paragraph. |
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626 | 626 | | 20.17 (e) The individual lacks a fixed, adequate, and clinically indicated nighttime residence |
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627 | 627 | | 20.18during the individual's enrollment and active participation in a licensed behavioral health |
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628 | 628 | | 20.19treatment program that meets the level of care requirements under section 254B.19, |
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629 | 629 | | 20.20subdivision 1, paragraph (a), clauses (1) to (4). An individual is eligible under this paragraph |
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630 | 630 | | 20.21for up to three months, including a full or partial month from the individual's move-in date |
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631 | 631 | | 20.22at a setting approved for housing support following discharge from treatment, plus two full |
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632 | 632 | | 20.23months. |
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633 | 633 | | 20.24Sec. 22. Minnesota Statutes 2024, section 256I.04, subdivision 2a, is amended to read: |
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634 | 634 | | 20.25 Subd. 2a.License required; staffing qualifications.(a) Except as provided in paragraph |
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635 | 635 | | 20.26(b), an agency may not enter into an agreement with an establishment to provide housing |
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636 | 636 | | 20.27support unless: |
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637 | 637 | | 20.28 (1) the establishment is licensed by the Department of Health as a hotel and restaurant; |
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638 | 638 | | 20.29a board and lodging establishment; a boarding care home before March 1, 1985; or a |
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639 | 639 | | 20.30supervised living facility, and the service provider for residents of the facility is licensed |
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640 | 640 | | 20.31under chapter 245A. However, an establishment licensed by the Department of Health to |
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641 | 641 | | 20.32provide lodging need not also be licensed to provide board if meals are being supplied to |
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642 | 642 | | 20.33residents under a contract with a food vendor who is licensed by the Department of Health; |
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643 | 643 | | 20Sec. 22. |
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644 | 644 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 21.1 (2) the residence is: |
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645 | 645 | | 21.2 (i) licensed by the commissioner of human services under Minnesota Rules, parts |
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646 | 646 | | 21.39555.5050 to 9555.6265; |
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647 | 647 | | 21.4 (ii) certified by a county human services agency prior to July 1, 1992, using the standards |
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648 | 648 | | 21.5under Minnesota Rules, parts 9555.5050 to 9555.6265; |
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649 | 649 | | 21.6 (iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120, |
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650 | 650 | | 21.7with a variance under section 245A.04, subdivision 9; or |
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651 | 651 | | 21.8 (iv) licensed under section 245D.02, subdivision 4a, as a community residential setting |
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652 | 652 | | 21.9by the commissioner of human services; or |
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653 | 653 | | 21.10 (v) a certified recovery residence that is listed as in good standing on the recovery |
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654 | 654 | | 21.11residence registry; or |
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655 | 655 | | 21.12 (3) the facility is licensed under chapter 144G and provides three meals a day. |
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656 | 656 | | 21.13 (b) The requirements under paragraph (a) do not apply to establishments exempt from |
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657 | 657 | | 21.14state licensure because they are: |
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658 | 658 | | 21.15 (1) located on Indian reservations and subject to tribal health and safety requirements; |
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659 | 659 | | 21.16or |
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660 | 660 | | 21.17 (2) supportive housing establishments where an individual has an approved habitability |
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661 | 661 | | 21.18inspection and an individual lease agreement. |
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662 | 662 | | 21.19 (c) Supportive housing establishments that serve individuals who have experienced |
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663 | 663 | | 21.20long-term homelessness and emergency shelters must participate in the homeless management |
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664 | 664 | | 21.21information system and a coordinated assessment system as defined by the commissioner. |
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665 | 665 | | 21.22 (d) Effective July 1, 2016, an agency shall not have an agreement with a provider of |
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666 | 666 | | 21.23housing support unless all staff members who have direct contact with recipients: |
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667 | 667 | | 21.24 (1) have skills and knowledge acquired through one or more of the following: |
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668 | 668 | | 21.25 (i) a course of study in a health- or human services-related field leading to a bachelor |
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669 | 669 | | 21.26of arts, bachelor of science, or associate's degree; |
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670 | 670 | | 21.27 (ii) one year of experience with the target population served; |
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671 | 671 | | 21.28 (iii) experience as a mental health certified peer specialist according to section 256B.0615; |
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672 | 672 | | 21.29or |
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673 | 673 | | 21.30 (iv) meeting the requirements for unlicensed personnel under sections 144A.43 to |
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674 | 674 | | 21.31144A.483; |
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675 | 675 | | 21Sec. 22. |
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676 | 676 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 22.1 (2) hold a current driver's license appropriate to the vehicle driven if transporting |
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677 | 677 | | 22.2recipients; |
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678 | 678 | | 22.3 (3) complete training on vulnerable adults mandated reporting and child maltreatment |
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679 | 679 | | 22.4mandated reporting, where applicable; and |
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680 | 680 | | 22.5 (4) complete housing support orientation training offered by the commissioner. |
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681 | 681 | | 22.6 Sec. 23. Minnesota Statutes 2024, section 256I.04, subdivision 2f, is amended to read: |
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682 | 682 | | 22.7 Subd. 2f.Required services.(a) In authorized settings under subdivision 2a, providers |
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683 | 683 | | 22.8shall ensure that participants have at a minimum: |
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684 | 684 | | 22.9 (1) food preparation and service for three nutritional meals a day on site; |
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685 | 685 | | 22.10 (2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or service; |
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686 | 686 | | 22.11 (3) housekeeping, including cleaning and lavatory supplies or service; and |
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687 | 687 | | 22.12 (4) maintenance and operation of the building and grounds, including heat, water, garbage |
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688 | 688 | | 22.13removal, electricity, telephone for the site, cooling, supplies, and parts and tools to repair |
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689 | 689 | | 22.14and maintain equipment and facilities. |
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690 | 690 | | 22.15 (b) In addition, when providers serve participants described in subdivision 1, paragraph |
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691 | 691 | | 22.16(c), the providers are required to assist the participants in applying for continuing housing |
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692 | 692 | | 22.17support payments before the end of the eligibility period. |
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693 | 693 | | 22.18 (c) The requirements of paragraph (a) do not apply to a certified recovery residence that |
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694 | 694 | | 22.19is listed as in good standing on the recovery residence registry. |
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695 | 695 | | 22.20Sec. 24. Minnesota Statutes 2024, section 491A.01, is amended by adding a subdivision |
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696 | 696 | | 22.21to read: |
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697 | 697 | | 22.22 Subd. 12.Jurisdiction; recovery residency terminations.The conciliation court has |
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698 | 698 | | 22.23jurisdiction to determine whether a certified recovery residence properly terminated a |
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699 | 699 | | 22.24residency under section 254B.255. If the court finds that the resident was improperly |
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700 | 700 | | 22.25terminated or removed from the residence, the court may order the recovery residence to |
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701 | 701 | | 22.26allow the resident to return. |
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702 | 702 | | 22.27Sec. 25. EFFECTIVE DATE. |
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703 | 703 | | 22.28 Sections 1 to 24 are effective ........ |
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704 | 704 | | 22Sec. 25. |
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705 | 705 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH 23.1 Sec. 26. SEVERABILITY. |
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706 | 706 | | 23.2 If any provision of this act or the act's applicability to any person or circumstance is held |
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707 | 707 | | 23.3invalid, the remainder of the act or the application of the provision to other persons or |
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708 | 708 | | 23.4circumstances is not affected. |
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709 | 709 | | 23.5 Sec. 27. APPROPRIATION. |
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710 | 710 | | 23.6 $350,000 in fiscal year 2026 and $350,000 in fiscal year 2027 are appropriated from the |
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711 | 711 | | 23.7general fund to the commissioner of ... to implement and operate the Minnesota Recovery |
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712 | 712 | | 23.8Residence Certification Act under Minnesota Statutes, sections 254B.25 to 254B.267. |
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713 | 713 | | 23Sec. 27. |
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714 | 714 | | 25-01994 as introduced03/12/25 REVISOR DTT/CH |
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