Application for licensure.

(a) An individual, deleted text begin corporation, partnership, voluntary association, other deleted text end organization deleted text begin or controlling individual deleted text end new text begin , or government entity new text end that is subject to licensure under section 245A.03 must apply for a license. The application must be made on the forms and in the manner prescribed by the commissioner. The commissioner shall provide the applicant with instruction in completing the application and provide information about the rules and requirements of other state agencies that affect the applicant. An applicant seeking licensure in Minnesota with headquarters outside of Minnesota must have a program office located within new text begin 30 miles of new text end the deleted text begin state deleted text end new text begin Minnesota border new text end . new text begin An applicant who intends to buy or otherwise acquire a program or services licensed under this chapter that is owned by another license holder must apply for a license under this chapter and comply with the application procedures in this section and section 245A.03. new text end

The commissioner shall act on the application within 90 working days after a complete application and any required reports have been received from other state agencies or departments, counties, municipalities, or other political subdivisions. The commissioner shall not consider an application to be complete until the commissioner receives all of the deleted text begin information deleted text end required deleted text begin under section 245C.05 deleted text end new text begin information new text end .

When the commissioner receives an application for initial licensure that is incomplete because the applicant failed to submit required documents or that is substantially deficient because the documents submitted do not meet licensing requirements, the commissioner shall provide the applicant written notice that the application is incomplete or substantially deficient. In the written notice to the applicant the commissioner shall identify documents that are missing or deficient and give the applicant 45 days to resubmit a second application that is substantially complete. An applicant's failure to submit a substantially complete application after receiving notice from the commissioner is a basis for license denial under section 245A.05 .

(b) An application for licensure must identify all controlling individuals new text begin as defined in section 245A.02, subdivision 5a, new text end and must deleted text begin specify an deleted text end new text begin designate one individual to be the authorized new text end agent deleted text begin who is responsible for dealing with the commissioner of human services on all matters provided for in this chapter and on whom service of all notices and orders must be made deleted text end . new text begin The application must be signed by the authorized agent and must include the authorized agent's first, middle, and last name; mailing address; and e-mail address. By submitting an application for licensure, the authorized agent consents to electronic communication with the commissioner throughout the application process. new text end The new text begin authorized new text end agent must be authorized to accept service on behalf of all of the controlling individuals deleted text begin of the program deleted text end . new text begin A government entity that holds multiple licenses under this chapter may designate one authorized agent for all licenses issued under this chapter or may designate a different authorized agent for each license. new text end Service on the new text begin authorized new text end agent is service on all of the controlling individuals deleted text begin of the program deleted text end . It is not a defense to any action arising under this chapter that service was not made on each controlling individual deleted text begin of the program deleted text end . The designation of deleted text begin one or more deleted text end new text begin a new text end controlling deleted text begin individuals deleted text end new text begin individual new text end as deleted text begin agents deleted text end new text begin the authorized agent new text end under this paragraph does not affect the legal responsibility of any other controlling individual under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders, employees, subcontractors, and volunteers, when directly responsible for persons served by the program, from abusing prescription medication or being in any manner under the influence of a chemical that impairs the individual's ability to provide services or care. The license holder must train employees, subcontractors, and volunteers about the program's drug and alcohol policy.

(e) deleted text begin The applicant must be able to demonstrate competent knowledge of the applicable requirements of this chapter and chapter 245C, and the requirements of other licensing statutes and rules applicable to the program or services for which the applicant is seeking to be licensed. Effective January 1, 2013, deleted text end new text begin The commissioner may limit communication during the application process to the authorized agent or the controlling individuals identified on the license application and for whom a background study was initiated under chapter 245C. new text end The commissioner may require the applicant, except for child foster care, to demonstrate competence in the applicable licensing requirements by successfully completing a written examination. The commissioner may develop a prescribed written examination format.

(f) When an applicant is an individual, the deleted text begin individual deleted text end new text begin applicant new text end must provide:

(1) the applicant's taxpayer identification numbers including the Social Security number new text begin or Minnesota tax identification number new text end , and federal employer identification number if the applicant has employees;

(2) new text begin at the request of the commissioner, a copy of the most recent filing with the secretary of state that includes new text end the complete business name, if any deleted text begin , and deleted text end new text begin ; new text end

new text begin (3) new text end if doing business under a different name, the doing business as (DBA) name, as registered with the secretary of state; deleted text begin and deleted text end

deleted text begin (3) a notarized signature of the applicant. deleted text end new text begin (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique Minnesota Provider Identifier (UMPI) number; and new text end

new text begin (5) at the request of the commissioner, the notarized signature of the applicant or authorized agent. new text end

(g) When an applicant is deleted text begin a nonindividual deleted text end new text begin an organization new text end , the applicant must provide deleted text begin the deleted text end :

(1) new text begin the new text end applicant's taxpayer identification numbers including the Minnesota tax identification number and federal employer identification number;

(2) new text begin at the request of the commissioner, a copy of the most recent filing with the secretary of state that includes the new text end complete business name, and if doing business under a different name, the doing business as (DBA) name, as registered with the secretary of state;

(3) new text begin the new text end first, middle, and last name, and address for all individuals who will be controlling individuals, including all officers, owners, and managerial officials as defined in section 245A.02, subdivision 5a , and the date that the background study was initiated by the applicant for each controlling individual; deleted text begin and deleted text end

deleted text begin (4) first, middle, and last name, mailing address, and notarized signature of the agent authorized by the applicant to accept service on behalf of the controlling individuals. deleted text end

new text begin (4) if applicable, the applicant's NPI number and UMPI number; new text end

new text begin (5) the documents that created the organization and that determine the organization's internal governance and the relations among the persons that own the organization, have an interest in the organization, or are members of the organization, in each case as provided or authorized by the organization's governing statute, which may include a partnership agreement, bylaws, articles of organization, organizational chart, and operating agreement, or comparable documents as provided in the organization's governing statute; and new text end

new text begin (6) the notarized signature of the applicant or authorized agent. new text end

new text begin (h) When the applicant is a government entity, the applicant must provide: new text end

new text begin (1) the name of the government agency, political subdivision, or other unit of government seeking the license and the name of the program or services that will be licensed; new text end

new text begin (2) the applicant's taxpayer identification numbers including the Minnesota tax identification number and federal employer identification number; new text end

new text begin (3) a letter signed by the manager, administrator, or other executive of the government entity authorizing the submission of the license application; and new text end

new text begin (4) if applicable, the applicant's NPI number and UMPI number. new text end

deleted text begin (h) deleted text end new text begin (i) new text end At the time of application for licensure or renewal of a license new text begin under this chapter new text end , the applicant or license holder must acknowledge on the form provided by the commissioner if the applicant or license holder elects to receive any public funding reimbursement from the commissioner for services provided under the license that:

(1) the applicant's or license holder's compliance with the provider enrollment agreement or registration requirements for receipt of public funding may be monitored by the commissioner as part of a licensing investigation or licensing inspection; and

(2) noncompliance with the provider enrollment agreement or registration requirements for receipt of public funding that is identified through a licensing investigation or licensing inspection, or noncompliance with a licensing requirement that is a basis of enrollment for reimbursement for a service, may result in:

(i) a correction order or a conditional license under section 245A.06 , or sanctions under section 245A.07 ;

(ii) nonpayment of claims submitted by the license holder for public program reimbursement;

(iii) recovery of payments made for the service;

(iv) disenrollment in the public payment program; or

(v) other administrative, civil, or criminal penalties as provided by law.