Applicability.

(a) The commissioner shall regulate the provision of home and community-based services to persons with disabilities and persons age 65 and older pursuant to this chapter. The licensing standards in this chapter govern the provision of basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that is necessary to ensure the health and welfare of the person and do not include services that are specifically directed toward the training, treatment, habilitation, or rehabilitation of the person. Basic support services include:

(1) in-home and out-of-home respite care services as defined in section 245A.02 , subdivision 15, and under the brain injury, community alternative care, community access for disability inclusion, developmental deleted text begin disability deleted text end new text begin disabilities new text end , and elderly waiver plans, excluding out-of-home respite care provided to children in a family child foster care home licensed under Minnesota Rules, parts 2960.3000 to 2960.3100 , when the child foster care license holder complies with the requirements under section 245D.06, subdivisions 5 , 6, 7, and 8, or successor provisions; and section 245D.061 or successor provisions, which must be stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000 , subpart 4;

(2) adult companion services as defined under the brain injury, community access for disability inclusion, new text begin community alternative care, new text end and elderly waiver plans, excluding adult companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;

(3) personal support as defined under the developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plan;

(4) 24-hour emergency assistance, personal emergency response as defined under the community access for disability inclusion and developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plans;

(5) night supervision services as defined under the brain injury new text begin , community access for disability inclusion, community alternative care, and developmental disabilities new text end waiver deleted text begin plan deleted text end new text begin plans new text end ;

(6) homemaker services as defined under the community access for disability inclusion, brain injury, community alternative care, developmental deleted text begin disability deleted text end new text begin disabilities new text end , and elderly waiver plans, excluding providers licensed by the Department of Health under chapter 144A and those providers providing cleaning services only; deleted text begin and deleted text end

(7) individual community living support under section 256B.0915, subdivision 3j deleted text begin . deleted text end new text begin ; and new text end

new text begin (8) individualized home supports services as defined under the brain injury, community alternative care, and community access for disability inclusion, and developmental disability waiver plans. new text end

(c) Intensive support services provide assistance, supervision, and care that is necessary to ensure the health and welfare of the person and services specifically directed toward the training, habilitation, or rehabilitation of the person. Intensive support services include:

(1) intervention services, including:

(ii) in-home or out-of-home crisis respite services as defined under the new text begin brain injury, community access for disability inclusion, community alternative care, and new text end developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver deleted text begin plan deleted text end new text begin plans new text end ; and

(iii) specialist services as defined under the current new text begin brain injury, community access for disability inclusion, community alternative care, and new text end developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver deleted text begin plan deleted text end new text begin plans new text end ;

(2) in-home support services, including:

(i) in-home family support and supported living services as defined under the developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plan;

(ii) independent living services training as defined under the brain injury and community access for disability inclusion waiver plans;

(iii) semi-independent living services; deleted text begin and deleted text end

deleted text begin (iv) individualized home supports services as defined under the brain injury, community alternative care, and community access for disability inclusion waiver plans; deleted text end

new text begin (iv) individualized home support with training services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; and new text end

new text begin (v) individualized home support with family training services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; new text end

(3) residential supports and services, including:

(i) supported living services as defined under the developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plan provided in a family or corporate child foster care residence, a family adult foster care residence, a community residential setting, or a supervised living facility;

(ii) foster care services as defined in the brain injury, community alternative care, and community access for disability inclusion waiver plans provided in a family or corporate child foster care residence, a family adult foster care residence, or a community residential setting; deleted text begin and deleted text end

(iii) new text begin community residential services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans provided in a corporate child foster care residence, a community residential setting, or a supervised living facility; new text end

new text begin (iv) family residential services as defined in the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans provided in a family child foster care residence or a family adult foster care residence; and new text end

new text begin (v) new text end residential services provided to more than four persons with developmental disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

(i) structured day services as defined under the brain injury waiver plan;

(ii) new text begin day services under sections 252.41 to 252.46, and as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental disability waiver plans; new text end

new text begin (iii) new text end day training and habilitation services under sections 252.41 to 252.46 , and as defined under the developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plan; and

deleted text begin (iii) deleted text end new text begin (iv) new text end prevocational services as defined under the brain injury deleted text begin and deleted text end new text begin , community alternative care, new text end community access for disability inclusion new text begin , and developmental disability new text end waiver plans; and

(5) employment exploration services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plans;

(6) employment development services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plans; deleted text begin and deleted text end

(7) employment support services as defined under the brain injury, community alternative care, community access for disability inclusion, and developmental deleted text begin disability deleted text end new text begin disabilities new text end waiver plans deleted text begin . deleted text end new text begin ; and new text end

new text begin (8) integrated community support as defined under the brain injury and community access for disability inclusion waiver plans beginning January 1, 2021, and community alternative care and developmental disability waiver plans beginning January 1, 2023. new text end