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