Resource: Overview of the process for residential service termination

Page posted: 1/26/24

This page is part of CBSM – Guide to support a person with a residential service termination notice from a 245D-licened provider, a toolkit to support a person on a disability waiver or in an ICF/DD with a residential service termination notice. To access other parts of this toolkit, refer to:

· Case manager responsibilities and legal rights of the person or their legal representative.

· Waiver service options to consider as additional supports.

· Non-waiver service support options to consider as additional supports.

· Mental health service options to consider as additional supports.

Allowable reasons for termination

Providers licensed under Minn. Stat. Ch. 245D can issue a service termination notice for reasons according to Minn. Stat. §245D.10, subd. 3a(b). These reasons include:

· The termination is necessary for the person’s welfare, and the license holder cannot meet the person’s needs.

· The safety of the person, others in the program or staff is endangered. Providers attempted positive support strategies, but the strategies have not achieved and effectively maintained safety for the person or others.

· The health of the person, others in the program or staff would otherwise be endangered.

· The license holder has not been paid for services.

· The program or license holder ceases to operate.

· The person’s waiver eligibility has been terminated by the lead agency.

· For state-operated community-based services, the person no longer demonstrates complex behavioral needs that cannot be met by private community-based providers identified in Minn. Stat. §252.50, subd. 5 (a)(1).

This guidance focuses on service terminations related to welfare, safety, health and waiver eligibility.

Provider responsibilities

It is important for lead agencies to review the following provider responsibilities so they understand their role in the process.

Before issuing a notice

The provider must try to minimize or eliminate the need for service termination before issuing a notice. At minimum, the provider must:

· Consult with the person’s support team or expanded support team to identify and resolve issues leading to the termination notice.

· Make a request to the case manager for waiver intervention services, including positive support services, in-home or out-of-home crisis respite services and/or specialist services, or other professional consultation or intervention services to support the person in the program.

Case manager actions

If the provider has not taken the required actions above, the case manager can:

· Work with the provider to arrange for intervention services or make adjustments to address identified issues.

· Ask the provider to rescind the service termination notice to allow time for implementation of interventions to support the person.

If the provider is unwilling to work with the case manager to take the required actions, the case manager can:

· Submit a report to the Minnesota Adult Abuse Reporting Center (MAARC) by calling 844-880-1574.

· Contact DHS Licensing by calling 651-431-6500.

During the notice period

During the service termination notice period, the provider must:

· Work with the person’s support team to develop reasonable alternatives to protect the person and others and support continuity of care.

· Provide information requested by the person or case manager (refer to Minn. Stat. §245D.10, subd. 3(f)).

· Maintain information about the service termination in the person’s record, including the written notice of intended service termination.

Help with the appeal and stay request process

If the person/legal representative needs support or guidance to complete an appeal or stay request, the provider can use the optional Notice of Service Termination (Word document). DHS Licensing created this optional resource with helpful information at the end of the document for the person/legal representative.