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

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.

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 may be 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.

Related

Individual providers are excluded from 245D licensure if they provide services to a person to whom they related. A person is considered “related” when there is an adoptive, biological or step relationship. If excluded, an individual provider only can serve one related person.

A related person who may be excluded from 245D licensure may be a:

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

Note

Individualized home supports with family training services cannot be provided by a related person if the person who receives services is on BI, CAC, CADI or DD.

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

ICLS cannot be provided by the person’s landlord or by anyone who has any financial interest in the person’s housing.

Respite for people younger than 18 years old cannot be provided by an unrelated person in an unlicensed setting.

Provider standards and qualifications

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

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

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.

Provider standards and qualifications

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

Hospitals and nursing facilities may be 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.

Provider standards and qualifications

An out-of-home respite provider must meet one of the following requirements: