Guides · Minnesota
245D vs 245G vs 245A: three chapters, three different jobs.
The numbers sit next to each other in the statute book, and people mix them up constantly. Here is what each chapter actually does, grounded in the statute text, and which one applies to your agency.
Why the confusion exists
All three chapters sit in the same corner of Minnesota law and all three involve DHS, but they answer different questions. 245A answers whether you need a license and how licensing works. 245D and 245G answer what your program must do once licensed — one for HCBS, one for substance use disorder treatment. For a waiver-funded HCBS agency, 245D is the daily rulebook, 245A is the framework the license exists inside, and 245G simply does not apply.
Chapter 245A: the Human Services Licensing Act
Chapter 245A names itself: it "may be cited as the 'Human Services Licensing Act'" (Minn. Stat. 245A.01). Its core rule is short. Unless licensed by the commissioner, an individual, organization, or government entity must not operate a residential or nonresidential program, receive a child or adult for care, supervision, or placement in foster care, or even advertise such a program (Minn. Stat. 245A.03, subd. 1).
The chapter then carves out a long list of exclusions (Minn. Stat. 245A.03, subd. 2) — among them, programs provided to a person by a related individual, programs for adults who do not misuse substances or have a substance use disorder, a mental illness, a developmental disability, a functional impairment, or a physical disability, assisted living licensed under chapter 144G, and SUD treatment by licensed professionals in private practice. Operating a program that needs a license without one, in willful disregard of the chapter, is a misdemeanor (Minn. Stat. 245A.03, subd. 3).
245A is also where one long-standing moratorium has lived: under the licensing moratorium in Minn. Stat. 245A.03, subd. 7 (2025), the commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D, outside a need-determination process and narrow exceptions. That restriction predates — and is separate from — the broader 2026 application pause covered below.
Chapter 245D: HCBS program standards
Chapter 245D is the rulebook for home and community-based services. The commissioner regulates HCBS provided "to persons with disabilities and persons age 65 and older" under this chapter, and its licensing standards govern two service levels: basic support services and intensive support services (Minn. Stat. 245D.03, subd. 1).
Basic support services provide the assistance, supervision, and care needed to ensure a person's health and welfare, without services directed toward training, treatment, habilitation, or rehabilitation. The statute's list includes respite care, adult companion services, 24-hour emergency assistance and personal emergency response, night supervision, homemaker services, individual community living support, and individualized home supports without training (Minn. Stat. 245D.03, subd. 1, paragraph (b)).
Intensive support services cover the other side of the line: services specifically directed toward the training, habilitation, or rehabilitation of the person. The statutory list covers intervention services such as positive support and crisis respite, in-home supports including individualized home support with training, residential supports and services — community residential services, family residential services, and life sharing — day services, and employment exploration, development, and support (Minn. Stat. 245D.03, subd. 1, paragraph (c)).
The chapter's stated purpose is protection: the HCBS standards "establish health, safety, welfare, and rights protections" for people receiving services (Minn. Stat. 245D.03, subd. 1a). And it is explicit that it does not stand alone — a 245D license holder is also subject to the licensure requirements under chapter 245A (Minn. Stat. 245D.03, subd. 2). Our 245D compliance checklist covers what these standards look like in an actual review.
Chapter 245G: substance use disorder treatment
Chapter 245G governs licensed substance use disorder treatment programs. Its definitions make the scope clear. A client is "an individual accepted by a license holder for assessment or treatment of a substance use disorder" (Minn. Stat. 245G.01, subd. 8). Substance use disorder treatment means assessing a client's needs, developing planned interventions and services, providing those services, and reassessing over time — with the goal of supporting the client's recovery (Minn. Stat. 245G.01, subd. 24). The chapter also covers opioid treatment programs, which dispense opioid agonist treatment medication alongside medical and rehabilitative services (Minn. Stat. 245G.01, subd. 19).
245G sits under the same licensing umbrella as 245D: its definitions of "applicant," "license," and "license holder" all point back to section 245A.02 (Minn. Stat. 245G.01, subds. 5, 14, and 15). A treatment program holds a 245G license issued under the 245A machinery, just as an HCBS agency holds a 245D license under it. The two program chapters cover different ground: 245D is disability and aging services, 245G is treatment of a substance use disorder.
The comparison, side by side
| Chapter | What it is | The question it answers | Who it applies to |
|---|---|---|---|
| 245A | Human Services Licensing Act | Who must be licensed, and how licensing works | Every DHS-licensed residential or nonresidential program, including 245D and 245G license holders |
| 245D | HCBS program standards | Standards for home and community-based services | Providers serving people with disabilities and people age 65 and older under the waiver programs |
| 245G | SUD treatment standards | Standards for licensed substance use disorder treatment | Programs assessing and treating substance use disorders, including opioid treatment programs |
Who needs which
- Starting an HCBS agency serving waiver clients — you need a 245D license, issued and enforced under 245A. See our guide to starting a home care agency in Minnesota, and note the application moratorium below.
- Opening a community residential setting (group home) — 245D intensive residential supports, plus the 245A.03, subd. 7 need-determination hurdle that has long limited new settings.
- Providing substance use disorder assessment or treatment — that is a 245G program, licensed under the 245A machinery.
- Homemaker-only services from a provider licensed by the Department of Health under chapter 144A, or cleaning-only services — excluded from the 245D homemaker service category (Minn. Stat. 245D.03, subd. 1).
- Assisted living licensed under chapter 144G — licensed by the Department of Health, and excluded from 245A entirely (Minn. Stat. 245A.03, subd. 2).
Practice guidance, not law: when in doubt, describe the service you intend to deliver — not the population — and match it against the 245D.03 service lists and the 245G.01 treatment definition. The service defines the chapter. A licensor or counsel can confirm edge cases.
One more thing before you plan an application
If the chapter you need is 245D, timing matters right now. DHS stopped accepting new 245D license applications on January 1, 2026, and the pause is expected to run about 24 months, through December 31, 2027. Existing licenses operate normally, but new applications and new service lines are on hold. The full picture is in our 245D licensing moratorium guide.
Common questions
Do I need both a 245A license and a 245D license?
No — there is one license. Chapter 245A is the Human Services Licensing Act, under which DHS issues and enforces licenses; chapter 245D sets the program standards your HCBS services must meet. The statute is explicit: a license holder governed by chapter 245D is also subject to the licensure requirements under chapter 245A (Minn. Stat. 245D.03, subd. 2). You hold a 245D license; 245A governs how it is issued and enforced.
My 245D clients include people with substance use disorders. Do I need a 245G license?
Not for that reason alone. Chapter 245G governs programs that provide substance use disorder treatment — assessing a client's needs, planning and providing services, and reassessing over time, with the goal of supporting recovery (Minn. Stat. 245G.01, subd. 24). Providing HCBS supports to a person who also happens to have a substance use disorder is not, by itself, SUD treatment. If your agency actually delivers SUD assessment or treatment, that is 245G territory and a separate licensing conversation.
Is a group home licensed under 245D or 245A?
Both, in different senses. A community residential setting — the license type most people mean by group home — delivers residential supports and services, which are intensive support services under chapter 245D (Minn. Stat. 245D.03, subd. 1). The license itself is issued and enforced under chapter 245A, and 245A.03, subd. 7 has separately restricted initial community residential setting licenses for years, outside a commissioner need determination and narrow exceptions.
What happens if a program operates without a required license?
Providing a residential or nonresidential program without a required license, in willful disregard of the licensing act, is a misdemeanor, and the commissioner can ask the county attorney or attorney general to seek a court order against continued operation (Minn. Stat. 245A.03, subd. 3). The ban also covers advertising an unlicensed program (Minn. Stat. 245A.03, subd. 1).
Can I apply for a new 245D license today?
No. DHS stopped accepting new 245D license applications on January 1, 2026, and the pause is expected to run about 24 months, through December 31, 2027. Existing licenses operate normally, but new applications and new service lines are paused. The only route to new capacity is an exception request filed by a lead agency (county or MCO) or Tribal Nation — not by the provider. Our moratorium guide walks through that process.
The vendor part, clearly labeled
ClientCentric is operations software for the 245D side of this map: scheduling, visit documentation, EVV workflows, case notes, and append-only audit history for Minnesota HCBS agencies. It does not make licensing decisions, and it is not built for 245G treatment programs. If you hold a 245D license and documentation is the part that keeps you up at night, that is the problem we work on — our 245D software guide explains how.
Keep reading
- The 245D licensing moratoriumWhat the January 2026 pause covers and how exceptions work.
- Start a home care agency in MinnesotaThe path to a 245D license, step by step.
- Start a group home in MinnesotaCommunity residential settings and the extra hurdles they face.
- 245D compliance checklistThe standards a licensure review actually checks.
- The 245D licensure reviewWhat reviewers look at and how to prepare.
Written and maintained by the ClientCentric team from the working product. Last reviewed . Sources: Minn. Stat. 245A.01, 245A.03, 245D.03, and 245G.01 (2025 Minnesota Statutes), plus Minnesota DHS moratorium notices. Chapter scopes summarized from the statute text; this is general information, not legal advice — confirm specifics with your licensor or counsel.