1.1                          A bill for an act 
  1.2             relating to human services; expanding adult foster 
  1.3             care license capacity; amending Minnesota Statutes 
  1.4             2002, section 245A.11, subdivision 2a.  
  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 2a, is amended to read: 
  1.8      Subd. 2a.  [ADULT FOSTER CARE LICENSE CAPACITY.] (a) An 
  1.9   adult foster care license holder may have a maximum license 
  1.10  capacity of five if all persons in care are age 55 or over and 
  1.11  do not have a serious and persistent mental illness or a 
  1.12  developmental disability.  
  1.13     (b) The commissioner may grant variances to paragraph (a) 
  1.14  to allow a foster care provider with a licensed capacity of five 
  1.15  persons to admit an individual under the age of 55 if the 
  1.16  variance complies with section 245A.04, subdivision 9, and 
  1.17  approval of the variance is recommended by the county in which 
  1.18  the licensed foster care provider is located. 
  1.19     (c) The commissioner may grant variances to paragraph (a) 
  1.20  to allow the use of a fifth bed for emergency crisis services 
  1.21  for a person with serious and persistent mental illness or a 
  1.22  developmental disability, regardless of age, if the variance 
  1.23  complies with section 245A.04, subdivision 9, and approval of 
  1.24  the variance is recommended by the county in which the licensed 
  1.25  foster care provider is located. 
  2.1      (d) The commissioner may grant variances to paragraph (a) 
  2.2   to allow the use of a fifth bed for facilities that provide 
  2.3   24-hour awake care to persons who are unable to live 
  2.4   independently in the community because of their HIV/AIDS status 
  2.5   or related health conditions, regardless of the age of any of 
  2.6   the persons in the home, if the variance complies with section 
  2.7   245A.04, subdivision 9, and approval of the variance is 
  2.8   recommended by the county in which the licensed foster care 
  2.9   provider is located.