§ 245A.142 — EARLY INTENSIVE DEVELOPMENTAL AND BEHAVIORAL INTERVENTION PROVISIONAL LICENSURE

Minnesota § 245A.142

• Jurisdiction: Minnesota
• Part: PUBLIC WELFARE AND RELATED ACTIVITIES
• Ch. 245A: HUMAN SERVICES LICENSING

Text

Subdivision 1.Definitions.
The definitions in section256B.0949, subdivision 2, apply to this section.

Subd. 2.Regulatory powers.
The commissioner shall regulate early intensive developmental and behavioral intervention (EIDBI) agencies pursuant to this section.

Subd. 3.Provisional license.
(a) Beginning January 1, 2026, the commissioner shall begin issuing provisional licenses to agencies enrolled under chapter 256B to provide EIDBI services.
(b) Agencies enrolled before July 1, 2025, have until May 31, 2026, to submit an application for provisional licensure on the forms and in the manner prescribed by the commissioner.
(c) Beginning June 1, 2026, an agency must not operate if it has not submitted an application for provisional licensure under this section. The commissioner shall disenroll an agency from providing EIDBI services under chapter 256B if the agency fails to submit an application for provisional licensure by May 31, 2026.
(d) The commissioner must determine whether a provisional license applicant complies with all applicable rules and laws and either issue a provisional license to the applicant or deny the application by December 31, 2026.
(e) A provisional license is effective until comprehensive EIDBI agency licensure standards are in effect unless the provisional license is suspended or revoked.

Subd. 4.Provisional license regulatory functions.
The commissioner may:
(1) enter the physical premises of an agency and access the program without advance notice in accordance with section245A.04, subdivision 5;
(2) investigate reports of maltreatment;
(3) investigate complaints against EIDBI agencies;
(4) take action on a license pursuant to sections245A.06and245A.07;
(5) deny an application for provisional licensure pursuant to section245A.05; and
(6) take other action reasonably required to accomplish the purposes of this section.

Subd. 5.Provisional license requirements.
A provisional license holder must:
(1) identify all controlling individuals, as defined in section245A.02, subdivision 5a, of the agency;
(2) provide documented disclosures surrounding the use of billing agencies or other consultants, available to the department upon request;
(3) establish provider policies and procedures related to staff training, staff qualifications, quality assurance, and service activities;
(4) document contracts with independent contractors, including the number of hours contracted and responsibilities, available to the department upon request; and
(5) comply with section256B.0949, including exceptions to qualifications, standards, and requirements granted by the commissioner under section256B.0949, subdivision 17.

Subd. 6.Reconsideration requests and appeals.
An applicant or provisional license holder has reconsideration and appeal rights under sections245A.05,245A.06, and245A.07.

Subd. 7.Disenrollment.
The commissioner shall disenroll an agency from providing EIDBI services under chapter 256B if:
(1) the agency's application has been denied or the agency's provisional license has been suspended or revoked; and
(2) if the agency appealed the application denial or the provisional license suspension or revocation, the commissioner has issued a final order on the appeal affirming the action.

Legislative History

1Sp2025 c 9 art 6 s 1