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Page posted: 07/01/02

Page reviewed: 6/24/11

Page updated: 12/21/2007

Legal Authority

Minn. Stat. §252.282, subd. 1 through 4


Closures: Decertification of all licensed beds in an existing certified/licensed ICF/DD that results in permanent closure of the facility.

County Support

Counties in which ICFs/DD are located play lead roles in the closure process. To assure orderly closures, follow the process and procedures found in the county guidelines for ICF/DD closures.

Counties review the current Local System Needs Plan and determine level of support for the closure of ICFs/DD and decertification of the ICF/DD beds. Counties base decisions to support or not support closure on the following:

  • • Ability of the affected counties to support persons moving from the ICF/DD onto a home and community-based waiver
  • • Availability of ICF/DD entitlement options
  • • Choice of the people who reside in the ICF/DD requesting closure
  • • Regional capacity
  • Counties retain the right to recommend movement of the beds to an alternative site using the relocation process. DHS must approve.

    Facility Planning

    ICFs need to work in cooperation with the host county and case managers from the county of financial responsibility to support the identified choices of each person currently living in the ICF/DD. Provide proper notification and timely information to people involved. Once a closure contract is signed, an ICF/DD cannot admit people to the facility.


    Counties need to assure they follow the Closure Plan Checklist guidelines. If counties support the closure, they submit the following to DHS.

    DHS Approval

    DHS reviews documentation and bases decisions on the following:

  • • Alternatives that are available should the facility downsize
  • • Choices of persons residing in the ICF/DD
  • • Consideration of the need for beds in the region of the state
  • • Licensing and certification status of the ICF/DD
  • • Plan adherence to existing policy and applicable laws
  • DHS approves the request, denies the request or asks for additional information. Once DHS determines a final decision, DHS notifies host counties in writing. Upon approval, host counties provide a copy of the plan to ICFs/DD. Counties may then move forward with the plan as written and approved.

    Submit changes and/or revisions to the approved plan to DHS. This includes changes in dates or timelines. DHS must approve or disapprove any changes. Only then can ICFs implement changes to the plan.

    DHS notifies the Department of Health and DHS Licensing about bed decertification and downsizing activities.

    Additional Resources

    Send questions about downsizing to and/or your regional resource specialist.

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