The Department of Human Services, Alcohol and Drug Abuse Division (ADAD), after review of the statutory language authorizing variances and consideration of the client-centered intent of Minnesota Statutes, 245G.10, subdivision 4, that limits group sizes to 16, will continue to consider variances on a case-by-case basis when requested by licensed providers. Minnesota may grant a variance to the
requirements of 245G pursuant to 245G.03, subdivision 1, paragraph (b) and 254A.04, subdivision 9.
ADAD and DHS Licensing heard the stakeholder request for a variance and will
continue to work with licensed substance use disorder (SUD) providers and offer flexibility where it
clinically makes sense.
We would like to communicate to all providers that they are
able to request variances in all areas of the treatment standards applicable to
their program, provided the variance does not affect the health or safety of
persons being served in the program. We would like programs to be assured
that they have the right to request a variance under the law that would propose
a larger group size, including a permanent variance, if they are able to show
that their alternative measure complies with the intent of the law, which is to
ensure appropriate groups size for clients and an appropriate treatment
event. If a program is able to show in their variance request that an
educational group with 30 people and 2 ADC counselors, for example, ensures
appropriate group size for the nature of the topic, and the setting is such that
all clients can be expected to get the value intended for that group, then it
would be appropriate for us to issue that variance if we agreed.
Confirming our openness to programs requesting a
variance to the group size requirement is aligned with our policy objective of
ensuring group sizes are based on client-centered needs so the group is
meaningful and offers therapeutic value to the client. We intend that groups
that exceed 16 will not replace essential individual and smaller group
psychotherapy services. ADAD and
DHS Licensing have agreed to approve therapeutic recreation and educational
groups a variance allowing for group size to exceed 16 through June 30,
2020. ADAD and DHS Licensing are currently working on standard conditions
that would apply for license holders if they so choose to apply for such a
variance.
To apply for a variance: Licensing requirements- Variance request form DHS-3141
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