The purpose of this policy is to establish determination guidelines and notification procedures for service suspension.
It is the intent of the DAC to ensure continuity of care and service coordination between members of the support team including, but not limited to the person served, the legal representative and/or designated emergency contact, case manager, and other licensed caregivers during situations that may require or result in temporary service suspension. The DAC restricts temporary service suspension to specific situations according to MN Statutes, section 245D.10, subdivision 3.
The DAC recognizes that temporary service suspension and service termination are two separate procedures. The DAC must limit temporary service suspension to specific situations that are listed below. A temporary service suspension may lead to or include service termination or the DAC may do a temporary service suspension by itself. The DAC must limit service termination to specific situations that are listed in Policy and Procedure on Service Termination. A service termination may include a temporary service suspension or the DAC can do a service termination by itself.
A. The DAC must limit temporary service suspension to situations in which:
1. The person’s conduct poses an imminent risk of physical harm to self or others and either positive support strategies have been implemented to resolve the issues leading to the temporary service suspension, but have not been effective and additional positive support strategies would not achieve and maintain safety, or less restrictive measures would not resolve the issues leading to the suspension;
2. The person has emergent medical issues that exceed the DAC’s ability to meet the person’s needs; or
3. The program has not been paid for services.
B. Prior to giving notice of temporary services suspension, the DAC must document actions taken to minimize or eliminate the need for service suspension. Action taken by the DAC must include, at a minimum:
1. Consultation with the person’s expanded/support team to identify and resolve issues leading to issuance of the suspension notice; and
2. A request to the person’s case manager for intervention services identified in section 245D.03, subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention services to support the person in the program. This requirement does not apply to temporary suspensions issued due to non-payment of services.
3. If, based on the best interests of the person, the circumstances at the time of the notice were such that the DAC was unable to take the actions listed above, the DAC must document the specific circumstances and the reason for being unable to do so.
C. The notice of temporary service suspension must meet the following requirements:
1. This DAC must notify the person or the person’s legal representative and case manager in writing of the intended temporary services suspension;
2. The notice of temporary services suspension must be given on the first day of the services suspension;
3. The notice must include the reason for the action; a summary of actions taken to minimize or eliminate the need for temporary services suspension as required under MN Statutes, section 245D.10, subdivision 3, paragraph (d); and why these measures failed to prevent the suspension.
D. During the temporary suspension period, the DAC must:
1. Provide information requested by the person or case manager;
2. Work with the expanded/support team to develop reasonable alternatives to protect the person and others and to support continuity of care; and
3. Maintain information about the temporary service suspension, including the written notice of temporary services suspension, in the service recipient record.
E. If, based on a review by the person’s expanded/support team, the team determines the person no longer poses an imminent risk of physical harm to self or others, the person has a right to return to receiving services. If at the time of the temporary service suspension or at any time during the suspension, the person is receiving treatment related to the conduct that resulted in the service suspension, the expanded/support team must consider the recommendation of the licensed health professional, mental health professional, or other licensed professional involved in the person’s care or treatment when determining whether the person no longer poses an imminent risk of physical harm to self or others and can return to the program. If the expanded/support team makes a determination that is contrary to the recommendation of a licensed professional treating the person, the DAC must document the specific reasons why a contrary decision was made.