Terms Used In Minnesota Statutes > Chapter 245D - Home and Community-Based Services Standards

• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized representative: means a parent, family member, advocate, or other adult authorized by the person or the person's legal representative, to serve as a representative in connection with the provision of services licensed under this chapter. See Minnesota Statutes 245D.02
• Aversive stimulus: means an object, event, or situation that is presented immediately following a behavior in an attempt to suppress the behavior. See Minnesota Statutes 245D.02
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
• Certification: means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D. See Minnesota Statutes 245D.02
• Chemical restraint: means the administration of a drug or medication to control the person's behavior or restrict the person's freedom of movement and is not a standard treatment or dosage for the person's medical or psychological condition. See Minnesota Statutes 245D.02
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Commissioner: means the commissioner of the Department of Human Services or the commissioner's designated representative. See Minnesota Statutes 245D.02
• Community residential setting: means a residential program as identified in section 245A. See Minnesota Statutes 245D.02
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• culturally competent: means the ability and the will to respond to the unique needs of a person that arise from the person's culture and the ability to use the person's culture as a resource or tool to assist with the intervention and help meet the person's needs. See Minnesota Statutes 245D.02
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day services facility: means a facility licensed according to this chapter at which persons receive day services licensed under this chapter from the license holder's direct support staff for a cumulative total of more than 30 days within any 12-month period and the license holder is the owner, lessor, or tenant of the facility. See Minnesota Statutes 245D.02
• Department: means the Department of Human Services. See Minnesota Statutes 245D.02
• Deprivation procedure: means the removal of a positive reinforcer following a response resulting in, or intended to result in, a decrease in the frequency, duration, or intensity of that response. See Minnesota Statutes 245D.02
• Direct contact: has the meaning given in section 245C. See Minnesota Statutes 245D.02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Drug: has the meaning given in section 151. See Minnesota Statutes 245D.02
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
• Emergency use of manual restraint: means using a manual restraint when a person poses an imminent risk of physical harm to self or others and is the least restrictive intervention that would achieve safety. See Minnesota Statutes 245D.02
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Expanded support team: means the members of the support team defined in subdivision 34 and a licensed health or mental health professional or other licensed, certified, or qualified professionals or consultants working with the person and included in the team at the request of the person or the person's legal representative. See Minnesota Statutes 245D.02
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
• Home and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
• Incident: means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:

  (1) serious injury of a person as determined by section 245. See Minnesota Statutes 245D.02

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Least restrictive alternative: means the alternative method for providing supports and services that is the least intrusive and most normalized given the level of supervision and protection required for the person. See Minnesota Statutes 245D.02
• Legal representative: means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. See Minnesota Statutes 245D.02
• License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• Licensed health professional: means a person licensed in Minnesota to practice those professions described in section 214. See Minnesota Statutes 245D.02
• Manual restraint: means physical intervention intended to hold a person immobile or limit a person's voluntary movement by using body contact as the only source of physical restraint. See Minnesota Statutes 245D.02
• Mechanical restraint: means the use of devices, materials, or equipment attached or adjacent to the person's body, or the use of practices that are intended to restrict freedom of movement or normal access to one's body or body parts, or limits a person's voluntary movement or holds a person immobile as an intervention precipitated by a person's behavior. See Minnesota Statutes 245D.02
• medication: includes dietary supplements. See Minnesota Statutes 245D.02
• Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Most integrated setting: means a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible. See Minnesota Statutes 245D.02
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outcome: means the behavior, action, or status attained by the person that can be observed, measured, and determined reliable and valid. See Minnesota Statutes 245D.02
• Over-the-counter drug: means a drug that is not required by federal law to bear the statement "Caution: Federal law prohibits dispensing without prescription. See Minnesota Statutes 245D.02
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• Physician: means a person who is licensed under chapter 147. See Minnesota Statutes 245D.02
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Positive support transition plan: means the plan required in section 245D. See Minnesota Statutes 245D.02
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prescriber: means a person who is authorized under section 148. See Minnesota Statutes 245D.02
• Prescription drug: has the meaning given in section 151. See Minnesota Statutes 245D.02
• Probate: Proving a will
• Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychotropic medication: means any medication prescribed to treat the symptoms of mental illness that affect thought processes, mood, sleep, or behavior. See Minnesota Statutes 245D.02
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restraint: means manual restraint as defined in subdivision 15a or mechanical restraint as defined in subdivision 15b, or any other form of restraint that results in limiting of the free and normal movement of body or limbs. See Minnesota Statutes 245D.02
• Seclusion: means : (1) removing a person involuntarily to a room from which exit is prohibited by a staff person or a mechanism such as a lock, a device, or an object positioned to hold the door closed or otherwise prevent the person from leaving the room; or (2) otherwise involuntarily removing or separating a person from an area, activity, situation, or social contact with others and blocking or preventing the person's return. See Minnesota Statutes 245D.02
• Self-determination: means the person makes decisions independently, plans for the person's own future, determines how money is spent for the person's supports, and takes responsibility for making these decisions. See Minnesota Statutes 245D.02
• Semi-independent living services: has the meaning given in section 252. See Minnesota Statutes 245D.02
• Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. See Minnesota Statutes 245D.02
• Service site: means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. See Minnesota Statutes 245D.02
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual violence: means the use of sexual actions or words that are unwanted or harmful to another person. See Minnesota Statutes 245D.02
• staff: means employees of the license holder who have direct contact with persons served by the program and includes temporary staff or subcontractors, regardless of employer, providing program services for hire under the control of the license holder who have direct contact with persons served by the program. See Minnesota Statutes 245D.02
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervised living facility: has the meaning given in Minnesota Rules, part Minnesota Statutes 245D.02
• Supervision: means :

  (1) oversight by direct support staff as specified in the person's support plan or support plan addendum and awareness of the person's needs and activities;

  (2) responding to situations that present a serious risk to the health, safety, or rights of the person while services are being provided; and

  (3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's support plan or support plan addendum that the person does not require the presence of direct support staff while services are being provided. See Minnesota Statutes 245D.02

• Support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
• Support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02
• Support team: means the service planning team identified in section 256B. See Minnesota Statutes 245D.02
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Time out: means the involuntary removal of a person for a period of time to a designated area from which the person is not prevented from leaving. See Minnesota Statutes 245D.02
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treatment: means the provision of care, other than medications, ordered or prescribed by a licensed health or mental health professional, provided to a person to cure, rehabilitate, or ease symptoms. See Minnesota Statutes 245D.02
• Unlicensed staff: means individuals not otherwise licensed or certified by a governmental health board or agency. See Minnesota Statutes 245D.02
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Volunteer: means an individual who, under the direction of the license holder, provides direct services without pay to a person served by the license holder. See Minnesota Statutes 245D.02
• while services are being provided: means any period of time during which the license holder will seek reimbursement for services. See Minnesota Statutes 245D.02
• Working day: means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday. See Minnesota Statutes 245D.02