Federally approved BI, CAC, CADI, DD and EW waiver plans, Alternative Care (AC) program (Minn. Stat. §256B.0913), Minn. Stat. §245A.03, subd. 2(1) and 2(2), Minn. Stat. §245A.02, subd. 13, Minn. Stat. §144A.484, Minn. Stat. Ch. 144G

Individual provider: A person who is not employed by an agency, organization or other type of provider business entity to deliver home and community-based services (HCBS) waiver services to an eligible person.

Licensed home care agency with an HCBS designation: A basic home care provider or a comprehensive home care provider with an HCBS designation under Minn. Stat. §144A.484. The Minnesota Department of Health (MDH) licenses this type of provider.

Hospital: An acute care institution licensed under Minn. Stat. §144.50 to 144.58. MDH licenses this type of provider.

Nursing facility: A facility licensed to provide nursing care for people who need long-term care, as defined in Minn. R. 9505.0175, subp. 23 and Minn. R. 4658. MDH licenses this type of provider.

A provider must have a 245D license or a home care license with an HCBS designation to deliver the following services:

For the above services, the following types of providers may be excluded from 245D licensure, meaning they can deliver the services without a 245D license:

Out-of-home respite

When respite is delivered outside of a person’s home, the following providers also are excluded from 245D licensure:

When a person chooses to use an excluded provider, the lead agency is responsible to:

Individual providers are excluded from 245D licensure in some cases. If an individual provider serves more people than allowed in the scenarios below, the provider must have a 245D license.

For provider standards and qualifications, refer to the section below.

Related

Individual providers are excluded from 245D licensure if they provide services to a person to whom they are related. A person is considered “related” when there is an adoptive, biological or step relationship, or when they are a legal guardian (refer to CBSM – Paying relatives and legally responsible individuals). A related person may be a:

For example, if an uncle provides services to his nephew, the uncle may be excluded from 245D licensure.

If excluded, an individual provider only can serve one related person.

Unrelated

Individual providers are excluded from 245D licensure if the people receiving services are both:

For example, if a neighbor provides services to siblings, the neighbor may be excluded from 245D licensure.

Note

A person’s landlord or anyone who has any financial interest in a person’s housing cannot deliver ICLS.

An unrelated provider cannot deliver respite to people younger than age 18 in an unlicensed setting.

Licensed home care providers with an HCBS designation may be excluded from 245D licensure. This exclusion applies to licensed home care agencies that only provide the 245D basic support services listed above.

For provider standards and qualifications, refer to the section below.

Hospitals and nursing facilities are excluded from 245D licensure when providing out-of-home waiver/AC respite services.This exclusion applies to Medicare-certified hospitals and Medicare-certified nursing facilities licensed by MDH.

Assisted living facilities are excluded from 245D licensure when providing out-of-home AC/EW respite services. This exclusion applies to assisted living facilities licensed in accordance with Minn. Stat. Ch. 144G.

Adult foster care providers are excluded from 245D licensure when providing out-of-home AC/EW respite services. This exclusion applies to adult foster care providers licensed under Minn. R. 9555.5105 to 9555.6265 and Minn. Stat. Ch. 245A.

For provider standards and qualifications, refer to the section below.

Individual providers

Although an individual provider may be excluded from 245D licensure, the provider still must:

An individual provider also must meet the following 245D requirements:

144A-licensed home care agencies with an HCBS designation

Although a licensed home care provider with an HCBS designation may be excluded from 245D licensure, the home care provider still must:

Hospitals, nursing facilities, adult foster care settings and assisted living facilities

Although these settings are excluded from 245D licensure when providing out-of-home respite services, they still must meet one of the following requirements: