Health, Safety, and Welfare Guide

Minnesota law:

The reduction in the authorized services for an individual due to changes in funding for waivered services may not exceed the amount needed to ensure medically necessary services to meet the individual’s health, safety, and welfare. Minn. Stat. § 256B.092 Subd. 5(c) (2004).

The same law requires that the case manager offer to meet with the individual or his or her guardian to discuss the prioritization of service needs within the individualized service plan (ISP). Minn. Stat. § 256B.02 Subd. 5(c) (2004).

County’s Duty:

In order for a person to live in his or her own home, the county must assure that the health and safety needs of the person will be met by providing necessary services and support.

Standard Required for Service Eligibility:

What is the standard required to convince the Referee that services under CDCS meet the health, safety, and welfare of the recipient?

The recipient must:

1. Have mental retardation or a related condition;

2. Need daily intervention, supervision and on-going habilitation to learn necessary skills;

3. Require assistance to assure health and well-being and to care for his or her personal needs; and

4. Would be at risk of placement in an ICF/MR to receive needed services if supports were not provided in the community.

An ICF/MR is a residential facility that provides 24-hour care, supervision, and on-going habilitation services. ICF/MR services are provided in facilities of various sizes and may be operated by private or public providers.

Establishing the Standard:

The need for any supports received under the MR/RC Waiver and CDCS should be documented as completely as possible in the Individual Support Plan and/or Community Support Plan. Those needs must be documented before your appeal.

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