1.1                          A bill for an act 
  1.2             relating to human services; modifying an adult foster 
  1.3             care licensing provision; amending Minnesota Statutes 
  1.4             2002, sections 245A.11, subdivision 2b. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 245A.11, 
  1.7   subdivision 2b, is amended to read: 
  1.8      Subd. 2b.  [ADULT FOSTER CARE; FAMILY ADULT DAY CARE.] An 
  1.9   adult foster care license holder licensed under the conditions 
  1.10  in subdivision 2a may also provide family adult day care for 
  1.11  adults age 55 or over if no persons in the adult foster or adult 
  1.12  family day care program have a serious and persistent mental 
  1.13  illness or a developmental disability.  The maximum combined 
  1.14  capacity for adult foster care and family adult day care is five 
  1.15  adults, except that the commissioner may grant a variance for a 
  1.16  family adult day care provider to admit up to seven individuals 
  1.17  for day care services and one individual for respite care 
  1.18  services, if all of the following requirements are met:  (1) the 
  1.19  variance complies with section 245A.04, subdivision 9; (2) a 
  1.20  second caregiver is present whenever six or more clients are 
  1.21  being served; and (3) the variance is recommended by the county 
  1.22  social service agency in the county where the provider is 
  1.23  located.  A separate license is not required to provide family 
  1.24  adult day care under this subdivision.  Adult foster care homes 
  1.25  providing services to five adults under this section shall not 
  2.1   be subject to licensure by the commissioner of health under the 
  2.2   provisions of chapter 144, 144A, 157, or any other law requiring 
  2.3   facility licensure by the commissioner of health.