Proposed Adoption of Rules Governing Positive Support Strategies and Repeal of Rules Governing Aversive and Deprivation Procedures in Minnesota Rules, Parts 9525.2700 to 9525.2810

Subject matter

The Minnesota Department of Human Services is considering rule amendments that are consistent with the requirements of the Stipulated Class Action Settlement Agreement approved by the Federal Court in Jensen, et al, v. Minnesota Department of Human Services, et al., Court File No. 09-CV-1775 (DWF/FLN). DHS will make changes to modernize the rules consistent with current best practices in the treatment field and with the principles of the most integrated setting and person-centered planning and development of an Olmstead Plan.

DHS is considering rules that require the use of positive support strategies and govern the emergency use of manual restraint. DHS is also considering the repeal of rules governing the use of aversive and deprivation procedures now prohibited by Minnesota Statutes, Chapter 245D.

The new rules will apply to home and community-based services licensed under Minnesota Statutes, Chapter 245D that are provided to persons with a disability or persons age 65 and older, and to services provided by all department-licensed facilities and programs to persons with a developmental disability or a related condition.

Status

DHS published the Amended Notice of Hearing and the proposed rule in the State Register on Monday, January 12, 2015.

Administrative Law Judge Eric L. Lipman from the Office of Administrative Hearings held a public hearing on the proposed rule on Feb. 23, 2015. A recording of the public hearing can be accessed at https://ftp.icallinc.com/ until August 23, 2015. (Enter username “pcs4090” and password “W6pVzd;u5” and click on 90883145.wav to download.) A transcript of the hearing is available below in the documents section. At the hearing, Exhibits 1 through 15 and Exhibits A through G were submitted. Hearing Exhibits can be viewed by clicking the link below:

Hearing Exhibits web page

On March 16, 2015, DHS submitted preliminary responses to public comment and intended modifications to the proposed rules to Administrative Law Judge Lipman.  The submissions can be viewed by clicking the link below

DHS March 16th Submission to ALJ

On March 20, 2015, DHS submitted a rebuttal and summary of modifications to the proposed rules to Administrative Law Judge Lipman. The submissions can be viewed by clicking the link below:

DHS March 20th Submission to ALJ

Administrative Law Judge Eric L. Lipman from the Office of Administrative Hearings issued a report on April 22, 2015. The report can be viewed by clicking the link below:

Report of the ALJ

On June 11, 2015, Chief Administrative Law Judge Tammy L. Pust from the Office of Administrative Hearings approved a number of additional modifications to the proposed rule. The order can be viewed by clicking the link below;

Chief ALJ Order

On June 19, 2015, the Commissioner of Human Services issued an Order Adopting Rules. The order can be viewed by clicking the link below;

Order Adopting Rules

On June 26, 2015, Governor Mark Dayton issued a Waiver of the application of Minnesota Statutes 14.127, subdivision 3 to Minnesota Rules, Chapter 9544. The waiver can be viewed by clicking the link below;

Governor’s Waiver

On July 7, 2015, the Office of Administrative Hearings filed the adopted rules with the Secretary of State. Notice of the filing can be viewed by clicking the link below;

Notice of Filing Rules with the Secretary of State

On August 16, 2016, Governor Mark Dayton issued another Waiver of the application of Minnesota Statutes 14.127, subdivision 3 to Minnesota Rules, Chapter 9544. The waiver can be viewed by clicking the link below;

Governor’s Waiver

Public Comment

The public comment period is now closed.

Comments received by Administrative Law Judge Lipman can be viewed by clicking the link(s) below:

December 29, 2014-February 23, 2015 (PDF)
February 24-26, 2015

February 27-March 15, 2015

March 16, 2015

March 18, 2015

March 19, 2014

Documents

  • Adopted Positive Supports Rule (PDF)
  • Proposed Positive Supports Rule (PDF)
  • Statement of Need and Reasonableness (SONAR) Positive Supports Rule (PDF)
  • Notice of Hearing (PDF)
  • Amended Notice of Hearing (PDF)
  • Transcript of Hearing: In the Matter of the Proposed Rules Governing Positive Support Strategies (PDF)
  • First Request for Comments [State Register (Cite 36 SR 878) (PDF)]
    Second Request for Comments [State Register (Cite 38 SR 277) (PDF)]
    Third Request for Comments [State Register (Cite 39 SR 266) (PDF)]

    Contact information

    Send written comments, questions and requests for more information on the rulemaking to

    Karen E. Sullivan Hook
    Minnesota Department of Human Services
    Management and Policy Division
    P.O. Box 64238
    St. Paul, MN 55164-0238
    Phone: 651-431-5771
    Fax: 651-431-7488
    Email: dhsrulecomments@state.mn.us
    TTY users may call MN Relay at 711 or 800-627-3529.

    More information

    Rule 40 Advisory Committee Information

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