245D Legislative Changes

• supported living services defined under the developmental disabilities waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility; and
• foster care services as defined in the brain injury, community alternative care, and community access for disability inclusion waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting.

Day services will no longer include structured day services as defined under the brain injury waiver plan. 

On January 1, 2026, or upon federal approval, whichever is later, residential supports and services will include life sharing as defined in the brain injury, community alternative care, community access for disability inclusion, and developmental disabilities waiver plan. 

(Minn. Stat. 245D.03, Subd. 1)

Remote Overnight Supervision
Remote overnight supervision will soon be allowed in community residential settings, provided certain requirements are met. The Program must document in the resident’s support plan or support plan addendum that there is an absence of direct support staff from the community residential setting while services are being delivered. 

The requirements for remote overnight supervision are as follows:

• The use of technology that is either enabling technology where the device is capable of two-way communication or engagement between a resident and direct support staff at a remote location or monitoring technology which is used to oversee, monitor, and supervise an individual who receives medical assistance waiver or alternative care services;
• The Program must notify the commissioner of the Program’s intent to use technology in lieu of on-site staff. The notification must include the start date for the use of the technology and attest that all requirements under the statute are met and policies required are available upon request;
• Clearly state in each person’s support plan addendum that the community residential setting does not have an in-person presence for overnight direct support;
• Include state in each person’s support plan addendum the Program’s protocols for responding to situations that present a serious risk to the health, safety, or rights of residents in the program; 
• Include in each person’s support plan addendum the person’s maximum permissible response time as determined by the person’s support team;
• If the Program is notified via the monitoring technology that an incident has occurred that jeopardizes the health, safety, or rights of a resident, the Program must evaluate the need for the physical presence of staff and if a physical presence is needed, they must be on side to respond to a situation within the resident’s maximum permissible response time; 
• The Program must notify the commissioner if remote overnight supervision will no longer be used by Program; 
• The Program must have policies and procedures regarding remote overnight supervision that:
  • protects the resident’s health, safety, and rights; 
  • explains the discharge process if a resident requires in-person supervision or other services that cannot be provided by the Program due to limited hours of direct support staff or if the resident revokes their consent to monitoring technology;
  • ensures that services may not be terminated for any person or resident of the Program solely because the person declines to provide informed consent to the initial change to the use of monitoring technology;
  • explains the backup system for technology in times of electrical outages or equipment malfunctions;
  • explains how the license holder trains the direct support staff on the use of the technology; and establishes a plan for dispatching emergency response personnel to the site in the event of an emergency; 

• If there are no required physical presence responses within a three-month period, the Program must conduct a physical presence response drill; and
• The Program must obtain a signed informed consent form from each resident served by the Program to use the specific monitoring technology. 

 (Minn. Stat. 245D.261)