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Minnesota Statutes, Title Minnesota Statutes

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Minnesota/Statutes

← All Minnesota coverage

Title Minnesota Statutes, Minnesota Statutes

1,133 chapters · 28,363 sections in this title.

All chapters in Title Minnesota Statutes28,363 Ch 336, UNIFORM COMMERCIAL CODE642 Ch 524, UNIFORM PROBATE CODE394 Ch 609, CRIMINAL CODE377 Ch 144, DEPARTMENT OF HEALTH361 Ch 469, ECONOMIC DEVELOPMENT257 Ch 473, METROPOLITAN GOVERNMENT247 Ch 148, PUBLIC HEALTH OCCUPATIONS206 Ch 169, TRAFFIC REGULATIONS200 Ch 256B, MEDICAL ASSISTANCE FOR NEEDY PERSONS196 Ch 60A, GENERAL INSURANCE POWERS195 Ch 13, GOVERNMENT DATA PRACTICES177 Ch 115A, WASTE MANAGEMENT171 Ch 325F, CONSUMER PROTECTION; PRODUCTS AND SALES168 Ch 383B, HENNEPIN COUNTY168

54 sections·Filtered byTitle Minnesota Statutes✕Ch 245A✕

Minn. Stat. § 245A.01 CITATION.
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245A.01 CITATION. This chapter may be cited as the "Human Services Licensing Act." History: 1987 c 333 s 1; 2000 c 327 s 6
Minn. Stat. § 245A.02 DEFINITIONS.
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245A.02 DEFINITIONS. § Subdivision 1.Scope. The terms used in this chapter have the meanings given them in this section. § Subd. 2.Adult. "Adult" means a person who is 18 years old or older and who: (1) has mental illness, developmental disability, physical disability, or functio…
Minn. Stat. § 245A.03 WHO MUST BE LICENSED.
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245A.03 WHO MUST BE LICENSED. § Subdivision 1.License required. Unless licensed by the commissioner under this chapter, an individual, organization, or government entity must not: (1) operate a residential or a nonresidential program; (2) receive a child or adult for care, superv…
Minn. Stat. § 245A.04 APPLICATION PROCEDURES.
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245A.04 APPLICATION PROCEDURES. § Subdivision 1.Application for licensure. (a) An individual, organization, or government entity that is subject to licensure under section 245A.03 must apply for a license. The application must be made on the forms and in the manner prescribed by …

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Minn. Stat. § 245A.041 SYSTEMS AND RECORDS.

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245A.041 SYSTEMS AND RECORDS. § Subdivision 1.Establishment; use. The commissioner's establishment and use of systems and records to fulfill the requirements under chapter 245C shall be governed according to section 245C.32, subdivisions 1 and 2. § Subd. 2.National records search…

Minn. Stat. § 245A.042 HOME AND COMMUNITY-BASED SERVICES; ADDITIONAL STANDARDS AND PROCEDURES.

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245A.042 HOME AND COMMUNITY-BASED SERVICES; ADDITIONAL STANDARDS AND PROCEDURES. § Subdivision 1.Standards governing the provision of home and community-based services. Residential and nonresidential programs for persons with disabilities or age 65 and older must obtain a license…

Minn. Stat. § 245A.043 LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.

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245A.043 LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP. § Subdivision 1.Transfer prohibited. A license issued under this chapter is only valid for a premises and individual, organization, or government entity identified by the commissioner on the license. A license is not transfe…

Minn. Stat. § 245A.05 DENIAL OF APPLICATION.

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245A.05 DENIAL OF APPLICATION. (a) The commissioner may deny a license if an applicant or controlling individual: (1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1; (2) fails to comply with a…

Minn. Stat. § 245A.055 CLOSING A LICENSE.

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245A.055 CLOSING A LICENSE. § Subdivision 1.Inactive programs. The commissioner may close a license if the commissioner determines that a licensed program has not been serving any client for a consecutive period of 12 months or longer. The license holder is not prohibited from re…

Minn. Stat. § 245A.06 CORRECTION ORDER AND CONDITIONAL LICENSE.

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245A.06 CORRECTION ORDER AND CONDITIONAL LICENSE. § Subdivision 1.Contents of correction orders and conditional licenses. (a) If the commissioner finds that the applicant or license holder has failed to comply with an applicable law or rule and this failure does not imminently en…

Minn. Stat. § 245A.07 SANCTIONS.

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245A.07 SANCTIONS. § Subdivision 1.Sanctions; appeals; license. (a) In addition to making a license conditional under section 245A.06, the commissioner may suspend or revoke the license, impose a fine, or secure an injunction against the continuing operation of the program of a l…

Minn. Stat. § 245A.075 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION.

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245A.075 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION. (a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder's home, when the disqualified individual has not received a set-aside and a variance ha…

Minn. Stat. § 245A.08 HEARINGS.

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245A.08 HEARINGS. § Subdivision 1.Receipt of appeal; conduct of hearing. Upon receiving a timely appeal or petition pursuant to section 245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner shall issue a notice of and order for hearing to the appellant under chapter 14 an…

Minn. Stat. § 245A.081 SETTLEMENT AGREEMENT.

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245A.081 SETTLEMENT AGREEMENT. (a) A license holder who has made a timely appeal pursuant to section 245A.06, subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction. For the p…

Minn. Stat. § 245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.

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245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION. Hearings authorized under this chapter, sections 256.045, 256B.04, and 626.557, and chapters 245C and 260E, shall be consolidated if feasible and in accordance with other applicable statutes and rules. Reconsideration under sec…

Minn. Stat. § 245A.09 RULES.

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245A.09 RULES. § Subdivision 1.Commissioner's authority. The commissioner shall adopt rules under chapter 14 to govern the operation, maintenance, and licensure of programs subject to licensure under this chapter. The commissioner shall not adopt any rules that are inconsistent w…

Minn. Stat. § 245A.095 RULES FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESSES.

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245A.095 RULES FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESSES. § Subdivision 1.License required. Residential programs with five or more persons with a mental illness must be licensed under this chapter. To assure that this requirement is met, the commissioner of health, in co…

Minn. Stat. § 245A.0951 ADOPTION OF RULES FOR LICENSURE OF SECURE TREATMENT FACILITIES.

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245A.0951 ADOPTION OF RULES FOR LICENSURE OF SECURE TREATMENT FACILITIES. The commissioner of human services shall adopt rules to govern the licensure of secure treatment facilities operated by the Minnesota Sex Offender Program or any other facility operated by the executive boa…

Minn. Stat. § 245A.10 FEES.

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245A.10 FEES. § Subdivision 1.Application or license fee required. The commissioner shall charge a fee for evaluation of applications and inspection of programs which are licensed under this chapter. § Subd. 2.Application or license inspection fee required; programs with county o…

Minn. Stat. § 245A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.

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245A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS. § Subdivision 1.Policy statement. It is the policy of the state that persons shall not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. § Subd. 2.Per…

Minn. Stat. § 245A.12 VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR NONRESIDENTIAL PROGRAMS.

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245A.12 VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR NONRESIDENTIAL PROGRAMS. § Subdivision 1.Definitions. For purposes of this section and section 245A.13, the following terms have the meanings given them. (a) "Controlling individual" has the meaning in section 245A.02, subdivision…

Minn. Stat. § 245A.13 INVOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR NONRESIDENTIAL PROGRAMS.

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245A.13 INVOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR NONRESIDENTIAL PROGRAMS. § Subdivision 1.Application. (a) In addition to any other remedy provided by law, the commissioner may petition the district court in Ramsey County for an order directing the controlling individuals of a…

Minn. Stat. § 245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.

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245A.14 SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS. § Subdivision 1.Permitted single-family residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons shall be considered a permitted single-family residential use of property for the pur…

Minn. Stat. § 245A.142 EARLY INTENSIVE DEVELOPMENTAL AND BEHAVIORAL INTERVENTION PROVISIONAL LICENSURE.

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245A.142 EARLY INTENSIVE DEVELOPMENTAL AND BEHAVIORAL INTERVENTION PROVISIONAL LICENSURE. § Subdivision 1.Definitions. The definitions in section 256B.0949, subdivision 2, apply to this section. § Subd. 2.Regulatory powers. The commissioner shall regulate early intensive developm…

Minn. Stat. § 245A.143 FAMILY ADULT DAY SERVICES.

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245A.143 FAMILY ADULT DAY SERVICES. § Subdivision 1.Scope. (a) The licensing standards in this section must be met to obtain and maintain a license to provide family adult day services. For the purposes of this section, family adult day services means a program operating fewer th…

Minn. Stat. § 245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH.

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245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH. Programs licensed under this chapter must comply with the requirements of section 142B.46 whenever caring for infants. History: 2007 c 112 s 15; 2009 c 142 art 2 s 19; 2013 c 108 art 3 s 14; 2014 c 291 art 1 s 2; 2020…

Minn. Stat. § 245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

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245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS. (a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons assist in the care of …

Minn. Stat. § 245A.1443 SUBSTANCE USE DISORDER TREATMENT LICENSED PROGRAMS THAT SERVE PARENTS WITH THEIR CHILDREN.

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245A.1443 SUBSTANCE USE DISORDER TREATMENT LICENSED PROGRAMS THAT SERVE PARENTS WITH THEIR CHILDREN. § Subdivision 1.Application. This section applies to residential substance use disorder treatment facilities that are licensed under this chapter and chapter 245G and that provide…

Minn. Stat. § 245A.1444 TRAINING BY OTHER PROGRAMS ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA.

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245A.1444 TRAINING BY OTHER PROGRAMS ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA. A licensed substance use disorder treatment program that serves clients with infants or children through five years of age, who sleep at the program and a licensed children's r…

Minn. Stat. § 245A.146 CRIB SAFETY REQUIREMENTS.

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245A.146 CRIB SAFETY REQUIREMENTS. § Subdivision 1.Crib safety requirements. The commissioner and all licensed children's residential facilities, substance use disorder treatment programs with children in care, and residential habilitation programs serving children with developme…

Minn. Stat. § 245A.151 FIRE MARSHAL INSPECTION.

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245A.151 FIRE MARSHAL INSPECTION. When licensure under this chapter or certification under chapter 142C requires an inspection by a fire marshal to determine compliance with the State Fire Code under section 299F.011, a local fire code inspector approved by the state fire marshal…

Minn. Stat. § 245A.155 CARE OF INDIVIDUALS ON MEDICAL MONITORING EQUIPMENT.

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245A.155 CARE OF INDIVIDUALS ON MEDICAL MONITORING EQUIPMENT. § Subdivision 1.Licensed foster care and respite care. This section applies to foster care agencies and licensed foster care providers who place, supervise, or care for individuals who rely on medical monitoring equipm…

Minn. Stat. § 245A.156 DISCLOSURE OF COMMUNICABLE DISEASE.

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245A.156 DISCLOSURE OF COMMUNICABLE DISEASE. § Subdivision 1.Licensed foster care. This section applies to county agencies and individuals who place children or adults who have a known communicable disease, as defined in section 144.4172, subdivision 2, in foster care settings li…

Minn. Stat. § 245A.16 STANDARDS FOR COUNTY AGENCIES AND PRIVATE AGENCIES.

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245A.16 STANDARDS FOR COUNTY AGENCIES AND PRIVATE AGENCIES. § Subdivision 1.Delegation of authority to agencies. (a) County agencies that have been designated by the commissioner to perform licensing functions and activities under section 245A.04; to recommend denial of applicant…

Minn. Stat. § 245A.167 PUBLIC FUNDS PROGRAM INTEGRITY MONITORING.

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245A.167 PUBLIC FUNDS PROGRAM INTEGRITY MONITORING. (a) An applicant or a license holder that has enrolled to receive public funding reimbursement for services is required to comply with the registration or enrollment requirements as licensing standards. (b) Compliance with the l…

Minn. Stat. § 245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

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245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING. Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and all staff providing care in foster residence settings m…

Minn. Stat. § 245A.18 CHILD PASSENGER RESTRAINT SYSTEMS.

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245A.18 CHILD PASSENGER RESTRAINT SYSTEMS. § Subdivision 1.Seat belt and child passenger restraint system use. All license holders that transport children must comply with the requirements of section 142B.51, subdivision 1, and license holders that transport a child or children u…

Minn. Stat. § 245A.19 HIV TRAINING IN SUBSTANCE USE DISORDER TREATMENT PROGRAM.

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245A.19 HIV TRAINING IN SUBSTANCE USE DISORDER TREATMENT PROGRAM. (a) Applicants and license holders for substance use disorder residential and nonresidential programs must demonstrate compliance with HIV minimum standards before their application is complete. The HIV minimum sta…

Minn. Stat. § 245A.191 PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE BEHAVIORAL HEALTH FUND.

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245A.191 PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE BEHAVIORAL HEALTH FUND. (a) When a substance use disorder treatment provider licensed under this chapter, and governed by the standards of chapter 245G or Minnesota Rules, parts 2960.0430 to 2960.0490, agrees to meet the applica…

Minn. Stat. § 245A.211 PRONE RESTRAINT PROHIBITION.

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245A.211 PRONE RESTRAINT PROHIBITION. § Subdivision 1.Applicability. This section applies to all programs licensed or certified under this chapter, chapters 142C, 245D, 245F, 245G, and sections 245I.20 and 245I.23. The requirements in this section are in addition to any applicabl…

Minn. Stat. § 245A.24 MANDATORY REPORTING.

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245A.24 MANDATORY REPORTING. Any individual engaging in licensing functions and activities under this chapter, including authorities delegated under section 245A.16, must immediately report any suspected fraud to county human services investigators or the Department of Human Serv…

Minn. Stat. § 245A.242 EMERGENCY OVERDOSE TREATMENT.

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245A.242 EMERGENCY OVERDOSE TREATMENT. § Subdivision 1.Applicability. This section applies to the following licenses issued under this chapter: (1) substance use disorder treatment programs licensed according to chapter 245G; (2) children's residential facility substance use diso…

Minn. Stat. § 245A.245 CHILDREN'S RESIDENTIAL FACILITY SUBSTANCE USE DISORDER TREATMENT PROGRAMS.

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245A.245 CHILDREN'S RESIDENTIAL FACILITY SUBSTANCE USE DISORDER TREATMENT PROGRAMS. § Subdivision 1.Applicability. A license holder of a children's residential facility substance use disorder treatment program license issued under this chapter and Minnesota Rules, parts 2960.0010…

Minn. Stat. § 245A.25 RESIDENTIAL PROGRAM CERTIFICATIONS FOR COMPLIANCE WITH THE FAMILY FIRST PREVENTION SERVICES ACT.

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245A.25 RESIDENTIAL PROGRAM CERTIFICATIONS FOR COMPLIANCE WITH THE FAMILY FIRST PREVENTION SERVICES ACT. § Subdivision 1.Certification scope and applicability. (a) This section establishes the requirements that a children's residential facility or child foster residence setting m…

Minn. Stat. § 245A.26 CHILDREN'S RESIDENTIAL FACILITY CRISIS STABILIZATION SERVICES.

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245A.26 CHILDREN'S RESIDENTIAL FACILITY CRISIS STABILIZATION SERVICES. § Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given. (b) "Clinical trainee" means a staff person who is qualified under section 245I…

Minn. Stat. § 245A.30 LICENSING PROHIBITION FOR CERTAIN FACILITIES SERVING CHILDREN.

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245A.30 LICENSING PROHIBITION FOR CERTAIN FACILITIES SERVING CHILDREN. The commissioner may not: (1) issue any license under Minnesota Rules, parts 2960.0010 to 2960.0710, for the residential placement of children at a facility if the facility accepts children who reside outside …

Minn. Stat. § 245A.65 MALTREATMENT OF VULNERABLE ADULTS.

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245A.65 MALTREATMENT OF VULNERABLE ADULTS. § Subdivision 1.License holder requirements. All license holders serving vulnerable adults shall establish and enforce written policies and procedures related to suspected or alleged maltreatment, and shall orient clients and mandated re…

Minn. Stat. § 245A.66 REQUIREMENTS; MALTREATMENT OF MINORS.

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245A.66 REQUIREMENTS; MALTREATMENT OF MINORS. § Subdivision 1.Internal review. License holders serving children are subject to the requirements of section 142B.54, subdivision 1. § Subd. 2. [Renumbered 142B.54, subd 2] § Subd. 3. [Renumbered 142B.54, subd 3] § Subd. 4.Ongoing tra…

Minn. Stat. § 245A.70 REMOTE ADULT DAY SERVICES.

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245A.70 REMOTE ADULT DAY SERVICES. (a) For the purposes of sections 245A.70 to 245A.75, the following terms have the meanings given. (b) "Adult day care" and "adult day services" have the meanings given in section 245A.02, subdivision 2a. (c) "Remote adult day services" means an …

Minn. Stat. § 245A.71 APPLICABILITY AND SCOPE.

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245A.71 APPLICABILITY AND SCOPE. § Subdivision 1.Licensing requirements. Adult day care centers or adult day services centers that provide remote adult day services must be licensed under this chapter and comply with the requirements set forth in this section. § Subd. 2.Standards…