(1) the facility meets the physical environment requirements in the adult foster care licensing rule; (2) the five-bed living arrangement is specified for each resident in the resident’s: (i) individualized plan of care; (ii) individual service plan under section 256B.092, subdivision 1b, if required; or (iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, subpart 19, if required; (3) the license holder obtains written and signed informed consent from each resident or resident’s legal representative documenting the resident’s informed choice to remain living in the home and that the resident’s refusal to consent would not have resulted in service termination; and (4) the facility was licensed for adult foster care before March 1, 2011. (g) The commissioner shall not issue a new adult foster care license under paragraph (f) after June 30, 2017. The commissioner shall allow a facility with an adult foster care license issued under paragraph (f) before June 30, 2017, to continue with a capacity of five adults if the license holder continues to comply with the requirements in paragraph (f). Subd. 2b. Adult foster care; family adult day services . An adult foster care license holder licensed under the conditions in subdivision 2a may also provide family adult day care for adults age 18 or over. Family adult day services provided in a licensed adult foster care setting must be provided as specified under section 245A.143. Authorization to provide family adult day services in the adult foster care setting shall be printed on the license certificate by the commissioner. Adult foster care homes licensed under this section and family adult day services licensed under section 245A.143 shall not be subject to licensure by the commissioner of health under the provisions of chapter 144, 144A, 157, or any other law requiring facility licensure by the commissioner of health. A separate license is not required to provide family adult day services in a licensed adult foster care home. Subd. 3. Permitted multifamily residential us e. Unless otherwise provided in any town, municipal, or county zoning regulation, a licensed residential program with a licensed capacity of seven to 16 persons shall be considered a permitted multifamily residential use of property for the purposes of zoning and other land use regulations. A town, municipal, or county zoning authority may require a conditional use or special use permit to assure proper maintenance and operation of a residential program. Conditions imposed on the residential program must not be more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the persons being served by the program. Nothing in this chapter shall be construed to exclude or prohibit residential programs from single-family zones if otherwise permitted by local zoning regulations. Subd. 4. Location of residential programs. In determining whether to grant a license, the commissioner shall specifically consider the population, size, land use
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