Other Licensing Requirements
The Minnesota Department of Health licenses and regulates certain facilities as it relates to sanitation and safety of the buildings and to the health, treatment, comfort, safety, and well-being of the persons being served. Depending on the type of service that you intend to provide in your facility, you may need a license from each state agency. Additional information for MDH licensing information may be found on their website for:
Minnesota Statutes, section 245A.02, subdivision 2a defines adult day care or family adult day services as follows:
Subd. 2a. Adult day care or family adult day services. “Adult day care,” “adult day services,” and “family adult day services mean a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants’ capabilities for self-care. Adult day care, adult day services, and family adult day services do not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals.
Minnesota Statutes, section 245A.02, subdivision 7, defines functional impairment as follows:
Subd. 7. Functional impairment. For the purposes of adult day care, adult day services, family adult day services, or adult foster care, “functional impairment” means:
(1) a condition that is characterized by substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; or
(2) a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life and that requires support to maintain independence in the community.
A family adult day service program is a program that operates fewer than 24 hours per day and provides functionally impaired adults, none of which is under age 55, have serious or persistent mental illness or people with developmental disabilities or a related condition, with an individualized and coordinated set of services including health services, social services and nutritional services that are directed at maintaining or improving the participants' capabilities for self-care.
A family adult day services license is only issued when the services are provided in the license holder's primary residence, and the license holder is the primary provider of care. The license holder may not serve more than eight adults at one time, including residents, if any, served under an adult foster care license issued under Minnesota Rules, parts 9555.5105 to 9555.6265.
The Department of Human Services has delegated licensing of family adult day services to counties. For licensing information, contact your county social services department or human services department. A listing of county social services departments or human services departments is available on the Minnesota Department of Human Services Web site.Adult day centers are center-based facilities directly licensed by the Department of Human Services that provide adult day services to functionally impaired adults on a regular basis for periods of fewer than 24 hours during the day in a setting that is not a residence. See Minnesota Rules, parts 9555.9600 to 9555.9730.
The rule sets forth requirements governing:
The following Minnesota Statutes and Rule apply to this service:
Minnesota Statutes, Chapter 245A (Human Services Licensing Act)
Rule 223: Minnesota Rules, parts 9555.9600 to 9555.9730 – Licensure of Adult Day Centers
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