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Minnesota Administrative Rules

9550.6210 DEFINITIONS.

Subpart 1.

Applicability.

As used in parts 9550.6200 to 9550.6240, the following terms have the meanings given them.

Subp. 2.

Child or children.

"Child" or "children" means a person or persons under 18 years of age.

Subp. 3.

Commissioner.

"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.

Subp. 4.

Cost of services.

"Cost of services" means the cost for:

A.

the per diem rate established by the department or the per diem and negotiated monthly rate adopted by the county board for the 24-hour care outside the home, treatment, and training of a child provided in a facility licensed by the Department of Health, Department of Human Services, or approved by the commissioner according to the interstate placement compacts of Minnesota Statutes, sections 245.51 to 245.53, 260.51 to 260.57, and 260.851 to 260.91; and

B.

services to children whose eligibility for medical assistance was determined without consideration of parental income or assets as specified in part 9550.6200, subpart 1.

Subp. 5.

County board.

"County board" means the county board of commissioners in each county. When a Human Services Board has been established under Minnesota Statutes, sections 402.02 to 402.10, it shall be considered to be the county board for purposes of parts 9550.6200 to 9550.6240.

Subp. 6.

County of financial responsibility.

"County of financial responsibility" has the meaning given it in Minnesota Statutes, section 256G.02, subdivision 4.

Subp. 7.

Department.

"Department" means the Minnesota Department of Human Services.

Subp. 8.

Emotional disability or emotional disturbance.

"Emotional disability" or "emotional disturbance" has the meaning given it in Minnesota Statutes, section 245.4871, subdivision 15.

Subp. 9.

Income.

"Income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form as specified in Minnesota Statutes, section 252.27, subdivision 2a, paragraph (d), or a verified statement of the adjusted gross income if no tax forms are available.

Subp. 10.

Medical assistance.

"Medical assistance" means the program which provides for the health service needs of eligible clients, as specified in Minnesota Statutes, chapter 256B, and title XIX of the Social Security Act, United States Code, title 42, section 1396.

Subp. 11.

Developmental disability.

"Developmental disability" has the meaning of "developmental disability" under part 9525.0016, subpart 2, and the meaning of "related condition" given in Minnesota Statutes, section 252.27, subdivision 1a.

Subp. 12.

Parents.

"Parents" means the natural or adoptive parents.

Subp. 13.

Physical disability.

"Physical disability" has the meaning given it in part 9570.2200, subpart 7.

Subp. 13a.

Respite care.

"Respite care" means short-term supervision and care provided to a child due to temporary absence or need for relief of the child's parents. Respite care may include day, overnight, in-home, or out-of-home services, as needed.

Subp. 14.

[Repealed, 16 SR 2780]

Subp. 15.

Severe emotional disturbance.

"Severe emotional disturbance" means an emotional disturbance that has:

A.

resulted in the child's admission within the last three years or the child's being at risk of admission to inpatient treatment or residential treatment for an emotional disturbance;

B.

required the child to receive inpatient treatment or residential treatment for an emotional disturbance as a Minnesota resident through the interstate compact; or

C.

resulted in a determination by a mental health professional that the child has one of the following conditions:

(1)

psychosis or clinical depression;

(2)

risk of harming self or others as a result of an emotional disturbance;

(3)

psychopathological symptoms as a result of being a victim of physical or sexual abuse or of psychic trauma within the past year; or

(4)

resulted in the child's having significantly impaired home, school, or community functioning that has lasted at least one year or that, in the written opinion of a mental health professional, presents substantial risk of lasting at least one year.

Subp. 16.

State facility.

"State facility" means any facility owned or operated by the state of Minnesota that is under the programmatic direction or fiscal control of the commissioner. State facility includes regional treatment centers; the state nursing homes; state-operated community-based programs; and other facilities owned or operated by the state and under the commissioner's control.

Statutory Authority:

MS s 246.511; 252.27; 256B.092; 256B.14

History:

10 SR 2005; 12 SR 102; L 1987 c 403 art 3 s 96; 16 SR 2780; 18 SR 2244; L 1999 c 139 art 4 s 2; L 2005 c 56 s 2

Published Electronically:

October 15, 2013

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569