1.1.................... moves to amend H.F. No. 2456, the second engrossment, as follows:
1.2Page 6, after line 4, insert:
1.3    "Subd. 2. Modified application procedures. (a) Applicants seeking 245D licensure
1.4who meet the following criteria are subject to modified application procedures:
1.5    (1) the applicant holds a 245B license issued on or before December 31, 2012, at
1.6the time of application;
1.7    (2) the applicant's 245B license or licenses are in substantial compliance according
1.8to the licensing standards in chapters 245A and 245B; and
1.9    (3) the commissioner has conducted at least one on-site inspection of the 245B
1.10license or licenses within the two year period before submitting the 245D license
1.11application.
1.12    For purposes of this subdivision, substantial compliance means the commissioner
1.13has not issued a sanction according to section 245A.07 against any 245B license held
1.14by the applicant or made the 245B license or licenses conditional according to section
1.15245A.06 within the 12-month period before submitting the application for 245D licensure.
1.16    (b) The modified application procedures means the commissioner must accept
1.17the applicant's attestation of compliance with certain requirements in lieu of providing
1.18information to the commissioner for evaluation that is otherwise required when seeking
1.19245D licensure."
1.20Renumber the subdivisions in sequence
1.21Page 6, line 5, before "Licensure" insert "(a)"
1.22Page 6, after line 10, insert:
1.23"(b) Implementation of compliance monitoring must be phased in after January
1.241, 2013.
1.25(1) Applicants who do not currently hold a license issued under this chapter must
1.26receive an initial compliance monitoring visit within 12 months of the effective date of
1.27the initial license for the purpose of providing technical assistance on how to achieve and
2.1maintain compliance with the applicable law or rules governing the provision of home and
2.2community-based services under chapter 245D. If during the review the commissioner
2.3finds that the license holder has failed to achieve compliance with an applicable law or
2.4rule and this failure does not imminently endanger the health, safety, or rights of the
2.5persons served by the program, the commissioner may issue a licensing review report with
2.6recommendations for achieving and maintaining compliance.
2.7(2) Applicants who do currently hold a license issued under this chapter must receive
2.8a compliance monitoring visit after 24 months of the effective date of the initial license.
2.9(c) Nothing in this subdivision shall be construed to limit the commissioner's
2.10authority to suspend or revoke a license or issue a fine at any time under section 245A.07,
2.11or make correction orders and make a license conditional for failure to comply with
2.12applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity
2.13of the violation of law or rule and the effect of the violation on the health, safety, or
2.14rights of persons served by the program."
2.15Page 25, line 13, after "2a" insert ", within 24 hours of the death, discovery of the
2.16death, or receipt of information that the death occurred unless the license holder has
2.17reason to know that the death has already been reported"
2.18Page 26, line 18, after "government" insert "or to staff persons employed by
2.19license holders who were acting as power-of-attorney, guardian, or conservator for
2.20specific individuals prior to enactment of this section. The license holder must maintain
2.21documentation of the power-of-attorney, guardianship, or conservatorship in the service
2.22recipient record"
2.23Page 26, line 21, after the period, insert "The license holder is prohibited from using
2.24restraints or seclusion under any circumstance, unless the commissioner has approved a
2.25variance request from the license holder that allows for the emergency use of restraints
2.26and seclusion according to terms and conditions approved in the variance."
2.27Renumber the sections in sequence and correct the internal references
2.28Amend the title accordingly