5.1 PCSR 07-26-2016 - Laserfiche WebLink

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Temporary Family HealthCare Dwellings June 27, 2016 Page 3 Does the League have a model ordinance for opting out of this program? Yes. Link to opt out ordinance here: Temporary Family Health Care Dwellings Ordinance Can cities partially opt out of the temporary family health care dwelling law? Not likely.The opt-out language of the statute allows a city,by ordinance, to opt out of the requirements of the law but makes no reference to opting out of parts of the law. If a city wanted a program different from the one specified in statute,the most conservative approach would be to opt out of the statute, then adopt an ordinance structured in the manner best suited to the city. Since the law does not explicitly provide for a partial opt out, cites wanting to just partially opt out from the statute should consult their city attorney. Can a city adopt pieces of this program or change the requirements listed in the statute? Similar to the answer about partially opting out,the law does not specifically authorize a city to alter the statutory requirements or adopt only just pieces of the statute. Several cities have asked if they could add additional criteria, like regulating placement on driveways, specific lot size limits, or anchoring requirements. As mentioned above, if a city wants a program different from the one specified in the statute,the most conservative approach would involve opting out of the statute in its entirety and then adopting an ordinance structured in the manner best suited to the city. Again, a city should consult its city attorney when considering adopting an altered version of the state law. What is required in an application for a temporary family health care dwelling permit? The mandatory application requests very specific information including,but not limited to:6 • Name, address, and telephone number of the property owner,the resident of the property (if different than the owner), and the primary care giver; • Name of the mentally or physically impaired person; • Proof of care from a provider network, including respite care,primary care or remote monitoring; • Written certification signed by a Minnesota licensed physician,physician assistant or advanced practice registered nurse that the individual with the mental or physical impairment needs assistance performing two or more"instrumental activities of daily life;"7 statute,cities should consult their city attorneys on how best to approach adoption of the opt-out ordinance for their communities. 6 New Minn.Stat. §462.3593,subd.3 sets forth all the application criteria. 7 This is a term defined in law at Minn.Stat.§256B.0659,subd. 1(i)as"activities to include meal planning and preparation;basic assistance with paying bills;shopping for food,clothing,and other essential items;performing household tasks integral to the personal care assistance services;communication by telephone and other media;and traveling,including to medical appointments and to participate in the community."