Minnesota Legislature
HF 1693
as introduced - 87th Legislature (2011 - 2012) Posted on 05/10/2011 09:25am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17
1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4
2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19
2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29
4.30 4.31 4.32 4.33 5.1 5.2
5.3 5.4 5.5 5.6 5.7
A bill for an act
relating to human services; establishing a new system of providing resources
to persons with developmental disabilities; proposing coding for new law as
Minnesota Statutes, chapter 256N.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[256N.01] APPLICABILITY.
new text end
new text begin
(a) A person with developmental disabilities may opt to obtain resources under
this chapter instead of obtaining resources and services through other laws applicable to
persons with developmental disabilities.
new text end
new text begin
(b) For purposes of this chapter:
new text end
new text begin
(1) "person with developmental disabilities" or "person" means a person who
has a severe chronic disability that is attributable to mental or physical impairments
that are manifested before the person attains age 22. These impairments must result in
substantial functional limitations in at least three or more of the following areas of major
life activity: self-care, receptive or expressive language, mobility, self-direction, capacity
for independent living, or economic self-sufficiency; and
new text end
new text begin
(2) "commissioner" means the commissioner of human services.
new text end
Sec. 2.
new text begin
[256N.02] ELIGIBILITY; TRUSTED PARTNER.
new text end
new text begin
A person who is interested in obtaining resources under this chapter may participate,
unless precluded by the commissioner. A person is eligible to enter into an agreement
with the commissioner under this chapter if:
new text end
new text begin
(1) the commissioner determines that the person is a person with developmental
disabilities who has the capacity to indicate that it is in the person's best interests to
participate in this chapter, and has the capacity to choose a trusted partner for purposes
of this chapter; and
new text end
new text begin
(2) the person has designated a trusted partner and the commissioner approves
the trusted partner.
new text end
Sec. 3.
new text begin
[256N.03] ASSESSMENT; DETERMINATION OF INDIVIDUAL
BUDGET.
new text end
new text begin
(a) The commissioner shall, upon the request of a person with developmental
disabilities to participate, conduct an assessment of the person. The assessment
must include a person-centered assessment of the health, psychological, functional,
environmental, and social needs. The assessment must be conducted, in part, in a
face-to-face interview with the person being assessed and the person's trusted partner.
new text end
new text begin
(b) The assessment must:
new text end
new text begin
(1) determine the publicly funded programs in which the person currently
participates, or if the person does not participate in any publicly funded programs,
programs for which the person is likely to be eligible if the person applied; and
new text end
new text begin
(2) determine the aggregate cost of the programs in which the person currently
participates or would likely be eligible to participate upon application.
new text end
new text begin
(c) The commissioner must notify the person with developmental disabilities and the
person's trusted partner of the results of the assessment under this section.
new text end
Sec. 4.
new text begin
[256N.04] AGREEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Agreement required. new text end
new text begin
A person with developmental disabilities may
receive resources under this chapter only under an agreement between the person and
the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Resources. new text end
new text begin
An agreement must specify the resources to be made available
to the person. The resources must be based on the commissioner's determination of the
person's needs, but may not exceed the aggregate cost of programs determined under
section 256N.03, paragraph (b), clause (2). The agreement must specify the anticipated
source of these resources, including public funds, in-kind services, and public support for
employment of the person with developmental disabilities.
new text end
new text begin Subd. 3. new text end
new text begin Trusted partner. new text end
new text begin
An agreement must designate the person's trusted
partner. A trusted partner may be a family member, other individual, or an organization.
The agreement must specify the rights and responsibilities of the trusted partner, including
reporting to and oversight by the commissioner. The agreement must permit the person
with developmental disabilities, with approval of the commissioner, to change the trusted
partner during the term of the agreement, and must specify conditions under which the
commissioner may revoke the status of a person or organization as a trusted partner.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes; assessment. new text end
new text begin
An agreement must set forth desired outcomes
as established by the person and their trusted partner, including outcomes relating to the
person's safety, home, work, and community connections. The agreement must contain a
means of assessing these outcomes and time periods during which outcomes will be
assessed and reported to the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Financial accountability. new text end
new text begin
An agreement must specify:
new text end
new text begin
(1) the resources that will be made available to the person with developmental
disabilities;
new text end
new text begin
(2) a fiscal support entity for these resources, and a process under which resources
will be made available to the person;
new text end
new text begin
(3) permissible and impermissible use of the resources provided under the
agreement, including any payments to be made to the trusted partner and to the fiscal
support entity; and
new text end
new text begin
(4) financial reporting and oversight requirements.
new text end
new text begin Subd. 6. new text end
new text begin Shared savings. new text end
new text begin
An agreement may provide that a specified portion of
the resources made available to a person with developmental disabilities at the end of the
term of the agreement may be carried forward to a new or renewed agreement between the
commissioner and the person. Except to the extent that the agreement allows funds to be
carried forward, funds remaining at the end of the agreement revert to the commissioner.
new text end
new text begin Subd. 7. new text end
new text begin Waiver of benefits under other programs. new text end
new text begin
An agreement may require the
person with developmental disabilities to waive eligibility to receive services or resources
from other programs, specified in the agreement, for which the person may otherwise
be eligible. The waiver may not extend beyond the period of the agreement under this
section. The waiver must not apply to laws dealing with abuse and neglect of vulnerable
adults or laws prohibiting discrimination on the basis of disability.
new text end
new text begin Subd. 8. new text end
new text begin Revocation. new text end
new text begin
An agreement must authorize the person or the commissioner
to revoke the agreement during its term, and must specify conditions and a process for
this revocation.
new text end
new text begin Subd. 9. new text end
new text begin Term; renewal. new text end
new text begin
An agreement may not be for a term of more than four
years, but is renewable for a period up to the same term if the person and the commissioner
agree to the renewal. Before renewing an agreement, the commissioner must determine
that outcomes under the prior agreement have been satisfactory. Before renewing an
agreement, the commissioner may conduct a new assessment of the person and must
make a new determination of the resources that will be made available to the person, as
determined under section 256N.03.
new text end
Sec. 5.
new text begin
[256N.05] FISCAL SUPPORT ENTITY.
new text end
new text begin
(a) A fiscal support entity selected by the person with developmental disabilities and
certified by the commissioner must make payments under the agreement.
new text end
new text begin
(b) The fiscal support entity:
new text end
new text begin
(1) must have a written agreement with the person with developmental disabilities
and the person's trusted partner that identifies the duties and responsibilities to be
performed and the specific related charges;
new text end
new text begin
(2) must provide the person, the trusted partner, and, upon request, the commissioner
with a written summary of expenditures, including charges from the fiscal support entity;
and
new text end
new text begin
(3) must maintain records for a period prescribed by the commissioner, and must
make these records available for audit or review upon request of the person, the trusted
partner, or the commissioner.
new text end
Sec. 6.
new text begin
[256N.06] COMMISSIONER DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Administration. new text end
new text begin
The commissioner may carry out administrative
duties under this chapter through employees of the Department of Human Services,
or through contracts or other agreements with counties or private organizations. The
commissioner may delegate duties assigned to the commissioner under this chapter to
employees of the department or through agreements with counties or private organizations.
new text end
new text begin Subd. 2. new text end
new text begin Consumer information system. new text end
new text begin
The commissioner must create or
contract for an accessible consumer information system to provide each person with
developmental disabilities entering into an agreement with the commissioner under this
section with the best available market information for making informed choices.
new text end
new text begin Subd. 3. new text end
new text begin Rules. new text end
new text begin
The commissioner may adopt rules necessary to implement this
chapter. As an alternative to rules, the commissioner may report the text of standards
necessary to implement this chapter to the legislature, and the legislature may enact a law
authorizing the commissioner to implement those standards.
new text end
Sec. 7.
new text begin
[256N.07] FEDERAL WAIVERS.
new text end
new text begin
The commissioner must apply for waivers of federal laws and regulations necessary
to implement this chapter. To the extent that federal laws and regulations constrain use
of resources under this chapter, those resources may be included in an agreement under
this chapter only to the extent authorized by federal law, or by a waiver of otherwise
applicable federal laws or regulations.
new text end
Sec. 8. new text begin REPORT.
new text end
new text begin
The commissioner of human services must report to the legislature by January
15, 2012, on the estimated annual costs to the state and counties of administering
and overseeing laws providing resources and services to persons with developmental
disabilities.
new text end