245D Waiver Services License Reinspection or Audit

Who?

The 245D Waiver Services License Reinspection or Audit legal package is for already established 245D Waiver Services providers who have reached their recertification date and have been issued a notice from the Minnesota Department of Human Services OR are seeking an audit of there business services.

Why?

Most 245D Waiver Services License providers start strong with little to no legal oversight or issues but slowly encounter more and more legal questions and risk as they grow. This creates legal myths and anxieties about what is legal and what is perhaps industry practice, but not legal. This package is designed to get smoothly through the 245D Waiver Services recertification process, and also serves as an audit of your business to clean up loose ends. Generally clients find that the correct legal forms/documents also save the Company time and money to remove previous administrative work that was duplicative and unnecessary.

What?

Pricing: $1750 –

Includes review and update of legal documents for recertification:

1. Preparation of the documents requested by DHS in their recertification notice
2. Update and review, labeling and organization of recertification documents (policies, recipient files and staff files)
3. Updated Polices and Procedures and forms/templates, if needed
4. Your 245D Waiver Services legal questions answered (does not include clinical questions or questions outside scope of legal practice)

When/Timeline?

Onboarding is generally within 2 days of free initial consultation. Package is complete within 2 weeks unless delays due to our calendars not lining up, and lingering legal questions are covered beyond that timeline. Email for expedited timeline consideration. If your deadline does not allow much time, we will be required to ask for an extension from DHS.

Additional Resources

-Sample forms and policies

• Basic services sample forms and policies
• Intensive services sample forms and policies

-Sample Self-monitoring checklists

These checklists can be used in their entirety or individually. Each checklist begins with general information that guides the license holder in applying the checklist to an individual program or a person receiving services. Some definitions are included to assist the license holder when using the checklist.

• Introduction to checklists and applicable state laws DHS-7652 (PDF).
• Records and Privacy DHS-7652A (PDF), 7/1/2017
• Admission and Service Initiation DHS-7652B (PDF), 7/1/2017
• Service Delivery and Evaluation DHS-7652C (PDF), 7/1/2017
• Service Recipient Health Services DHS-7652D (PDF), 7/1/2017
• Emergency and Incident Response, Reporting and Review DHS-7652E (PDF), 7/1/2017
• Maltreatment Reporting DHS-7652F (PDF), 7/1/2017
• Emergency Use of Manual Restraint DHS-7652G (PDF), 7/1/2017
• Service Recipient Rights DHS-7652H (PDF), 7/1/2017
• Personal Funds and Property and Legal Representation Restrictions DHS-7652I (PDF), 7/1/2017
• Service Suspension and Termination Initiated by the License Holder DHS-7652J (PDF), 7/1/2017
• Staff Qualifications, Orientation and Training DHS-7652K (PDF), 7/1/2017
• Day Services Facility – Staffing and Supervision DHS-7652L (PDF), 7/1/2017
• Background Studies DHS-7652M (PDF), 7/1/2017
• Physical Environment for Community Residential Setting DHS-7652N (PDF), 7/1/2017
• Physical Environment for Day Service Facility DHS-7652O (PDF), 7/1/2017
• Policies and Procedures DHS-7652P (PDF), 7/1/2017.

• Contact DHS
• Community-Based Service Manual
• Background Studies NETStudy 2.0
• HCBS Standards, Minnesota Statutes, chapter 245D 
• Human Services Licensing Act, Minnesota Statutes, chapter 245A 
• DHS Background Studies Act, Minnesota Statutes, chapter 245C 
• Maltreatment of Minors Act (MOMA), Minnesota Statutes, section 626.556 
• Vulnerable Adults Act (VAA), Minnesota Statutes, section 626.557 
• Vulnerable Adults Act Definitions, Minnesota Statutes, section 626.5572 
• Positive Supports Rule, Minnesota Rules, chapter 9554.0005 to 9554.0140