6a Temporary Family Health Care Dwellings

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Temporary Family HealthCare Dwellings June 9,2016 Page 6 nature of issuing a temporary dwelling permit,the city has only 15 days (rather than 60 days) (no extension is allowed)to either issue or deny a permit.The new law waives the public hearing requirement and allows the clock to restart if a city deems an application incomplete. If a city deems an application incomplete, the city must provide the applicant written notice, within five business days of receipt of the application,telling the requester what information is missing. For those councils that regularly meet only once a month,the law provides for a 30-day decision. Can cities collect fees for these permits? Cities have flexibility as to amounts of the permit fee. The law sets the fee at$100 for the initial permit with a$50 renewal fee, unless a city provides otherwise by ordinance Can cities inspect, enforce and ultimately revoke these permits? Yes,but only if the permit holder violates the requirements of the law. The statute allows for the city to require the permit holder to provide evidence of compliance and also authorizes the city to inspect the temporary dwelling at times convenient to the caregiver to determine compliance.The permit holder then has sixty(60)days from the date of revocation to remove the temporary family health care dwelling. The law does not address appeals of a revocation. How should cities handle data it acquires from these permits? The application data may result in the city possessing and maintaining nonpublic data governed by the Minnesota Government Data Practices Act. To minimize collection of protected heath data or other nonpublic data,the city could, for example, request that the required certification of need simply state"that the person who will reside in the temporary family health care dwelling needs assistance with two or more instrumental activities of daily living",without including in that certification data or information about the specific reasons for the assistance,the types of assistance,the medical conditions or the treatment plans of the person with the mental illness or physical disability. Because of the complexities surrounding nonpublic data, cities should consult their city attorneys when drafting a permit application. Should the city consult its city attorney? Yes.As with any new law,to determine the potential impact on cities,the League recommends consulting with your city attorney. Where can cities get additional information or ask other questions. For more information, contact Staff Attorney Pamela Whitmore at phitmore@lmc.org or LMC General Counsel Tom Grundhoefer at tgrundho @lmc.org. If you prefer calling, you can reach Pamela at 651.281.1224 or Tom at 651.281.1266.