Minnesota Minnesota

Community-Based Services Manual (CBSM)

Community-Based Services Manual (CBSM)


Adult corporate foster care and CRS setting closure process and procedure

Page posted: 8/1/19

Page reviewed:

Page updated:

Legal authority

Minn. Stat. §256B.493, subd. 2a, Minn. Stat. §256B.0641, subd. 2, Minn. Stat. §245D.02, subd. 4a., 4d

Definition

Adult corporate foster care: An adult foster care home where the license holder does not live in the home. This setting is licensed under Minn. R. 9555.5105 to Minn. R. 9555.6265.

Community residential setting (CRS): A residential program (as identified in Minn. Stat. §245A.11, subd. 8) where all of the following are true:

  • · Residential supports and services are provided (as identified in Minn. Stat. §245D.03, subd. 1c, clauses 3(i) and (ii))
  • · The license holder is the owner, lessor or tenant of the licensed facility
  • · The license holder does not live in the facility.
  • Overview

    DHS has the authority to manage the statewide capacity of settings licensed as adult corporate foster care and CRS. This authority includes implementing a process for planned closure of these settings.

    Setting closure may be initiated by any of the following entities:

  • · County
  • · Tribal nation
  • · License holder
  • · DHS.
  • This page provides information about the process and documentation required for application, review, approval and implementation of setting closure.

    Applicability

  • The setting closure process applies to settings licensed as adult corporate foster care and CRS.
  • Process and procedure

    Submission

    The county, tribal nation, license holder or DHS may submit a proposal for the closure of an adult corporate foster care or CRS setting. Closure proposals must include four elements:

  • · Description of the proposed closure plan
  • · Proposed timeline
  • · Proposed rates during closure period
  • · Proposed relocation plan for people affected by the closure.
  • For information about each element, see the closure proposal elements section.

    How to submit

    To be considered for approval, the corporate foster care moratorium liaison where the setting is located should send the completed Corporate Adult Foster Care/CRS Setting Closure Proposal form, DHS-6021B, (PDF) to DHS using the submit button at the end of form (or emailing directly to FCMoratorium@state.mn.us).

    Note

    If someone other than the license holder initiates the closure proposal, the requester must inform the license holder of the proposal before the corporate foster care moratorium liaison submits the proposal to DHS.

    Review and approval

    When DHS receives a closure proposal, it will review and make an approval decision based on the following considerations:

  • · Is there a need for other types of services within the geographic area of the affected home?
  • · Is there a need for specialized services within the geographic area of the affected home (e.g., an adult corporate foster care provider who has training and expertise working with people who have a specific medical diagnosis)?
  • · Does the geographic area have a higher-than-average per capita use of licensed corporate foster care or CRS settings?
  • · Are people who live in the affected home living in the geographic area of their choice?
  • · How many people currently receive services in the home?
  • · Will the closure result in a savings of Medical Assistance expenditures?
  • · Have people who live in the affected home chosen alternative services that are consistent with state and federal law and the federally approved waiver plan?
  • · Do the people currently receiving services in the home prefer to remain in the home?
  • · Based on information provided by people who receive services, their legal representatives/family members and lead agencies, how will the planned closure affect people and the services they need?
  • Implementation

    Once the license holder receives notification that DHS approved the proposal, the license holder must provide written notification within five working days to:

  • · Each county of financial responsibility (CFR) that authorizes the licensed services for the people who live in the affected home
  • · Current and prospective residents
  • · Any legal representatives and/or family members involved.
  • This notification must occur at least 60 days before the license holder implements the approved closure proposal. For all service termination requirements, see Minn. Stat. §245D.10 subd. 3a.

    If there is no one living in the home and there are no prospective residents, the license holder is not required to provide notification and can close the home in fewer than 60 days.

    For each closure plan approved by DHS, DHS will establish a contract between itself, the CFRs and the license holder. The contract will specify the closure process duties.

    Note

    Once the license holder receives notification that DHS approved the closure proposal, the license holder cannot admit people to the setting.

    Closure proposal elements

    The Corporate Adult Foster Care/CRS Setting Closure Proposal, DHS-6021B (PDF) must contain four elements, each with specific information:

    Description of proposed closure plan

    In this section, the requester must identify:

  • · The home that is subject to the closure proposal
  • · Each person living in the affected home and the services he/she receives.
  • Proposed timeline

    In this section, the requester must identify the date(s) for:

  • · Notification to people living in the affected home
  • · Notification to the affected counties or tribal nations
  • · The beginning of the setting closure process
  • · The end of the setting closure process.
  • Proposed rates during closure period

    If the license holder seeks a rate adjustment while the home closes, the requester must include:

  • · The proposed service rate for each person during the closure period
  • · The proposed effective dates of each rate adjustment
  • · Confirmation that the affected home has accepted joint and severable liability for recovery of overpayments.
  • Note

    If the license holder seeks a rate adjustment, he/she must provide written notification to affected counties or tribal nations within five working days of submitting the planned closure rate adjustment.

    Proposed relocation plan

    In this section, the requester must identify:

  • · People living in the affected home(s) who wish to continue receiving services from the provider
  • · People living in the affected home(s) who wish to receive services from a different provider
  • · The new locations where people will receive services and the date when the transition(s) will occur.
  • Notes

    The requester must develop the proposed relocation plan jointly with the person who receives services, his/her legal representative (if any), the county of financial responsibility (CFR) and the person’s current corporate foster care/CRS service provider.

    If the county/tribal nation where the setting is located is not the CFR for the people living in the home, the county/tribal nation where the setting is located must work with the CFR(s) to obtain the proposed relocation plan information.

    Additional resources

    Corporate Adult Foster Care/CRS Setting Closure Proposal, DHS-6021B (PDF)
    CBSM – Corporate foster care moratorium liaison contact list

    Report this page