Changes to Assessment of Need process for programs seeking chapter 245G licensure

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Behavioral Health e-Memo



Changes to Assessment of Need process for programs seeking chapter 245G licensure

Assessment of Need process changes effective July 1, 2021

The Assessment of Need process for opening substance use disorder treatment programs was changed by the Legislature. The following changes will go into effect on July 1, 2021 (Laws of Minnesota 2021, Regular Session, Chapter 30, Article 2, Sections 1-5).

The Assessment of Need requirements currently found in Minnesota Administrative Rules 9530.6800 and 9530.6810 will be repealed and are replaced with the new requirements.

Under the new requirements chapter 245G license applicants must notify the county human services director in writing of their intent to open a new treatment program at least 60 days before submitting an application to DHS Licensing. The written notification must include a description of the proposed treatment program and a description of the target population to be served by the treatment program.

Within 60 days of receiving notice from the 245G license applicant, the county human services director may submit a written statement to the​ Human Services Commissioner with the county's​ support of or opposition to the opening of the new treatment program. The written statement​ must include documentation of the rationale for the county's determination.

The Human Services Commissioner​ will consider the county's written statement when determining whether there is a need for​ the treatment program.

The full statute language can be found in: Minnesota Statutes, section 254B.03, subdivision 2 (d) and (e)

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