HF 2513

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 08:07pm

A bill for an act
relating to human services; prohibiting subminimum wages for persons with
disabilities; modifying lead agency board and case manager responsibilities and
training; establishing a statewide disability employment technical assistance center
and lead agency employment first capacity building grants; modifying requirements
for informed choice in employment policy; clarifying eligibility for Minnesota
supplemental aid program; modifying use of data from the Minnesota
Unemployment Insurance Law; establishing study; requiring report; appropriating
money; amending Minnesota Statutes 2022, sections 177.24, by adding a
subdivision; 252.44; 256B.092, subdivision 1a; 256B.49, subdivision 13;
256B.4905, subdivisions 4a, 5a; 256D.425, subdivision 1; 268.19, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 252; 256B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 177.24, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Special certificate prohibition. new text end

new text begin (a) On or after August 1, 2023, employers
must not hire any new employee with a disability at a wage that is less than the highest
applicable minimum wage, regardless of whether the employer holds a special certificate
from the United States Department of Labor under section 14(c) of the federal Fair Labor
Standards Act.
new text end

new text begin (b) On or after August 1, 2025, an employer must not pay an employee with a disability
less than the highest applicable minimum wage, regardless of whether the employer holds
a special certificate from the United States Department of Labor under section 14(c) of the
federal Fair Labor Standards Act.
new text end

Sec. 2.

Minnesota Statutes 2022, section 252.44, is amended to read:

252.44 LEAD AGENCY BOARD RESPONSIBILITIES.

When the need for day services in a county or tribe has been determined under section
252.28, the board of commissioners for that lead agency shall:

(1) authorize the delivery of services according to the support plans and support plan
addendums required as part of the lead agency's provision of case management services
under sections 256B.0913, subdivision 8; 256B.092, subdivision 1b; 256B.49, subdivision
15; and 256S.10 and Minnesota Rules, parts 9525.0004 to 9525.0036;

(2) ensure that transportation is provided or arranged by the vendor in the most efficient
and reasonable way possible; deleted text begin and
deleted text end

(3) monitor and evaluate the cost and effectiveness of the services deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) ensure that on or after August 1, 2023, employers do not hire any new employee at
a wage that is less than the highest applicable minimum wage, regardless of whether the
employer holds a special certificate from the United States Department of Labor under
section 14(c) of the federal Fair Labor Standards Act; and
new text end

new text begin (5) ensure that on or after August 1, 2025, any day service program, including county,
Tribal, or privately funded day services, pay employees with disabilities the highest applicable
minimum wage, regardless of whether the employer holds a special certificate from the
United States Department of Labor under section 14(c) of the federal Fair Labor Standards
Act.
new text end

Sec. 3.

new text begin [252.54] STATEWIDE DISABILITY EMPLOYMENT TECHNICAL
ASSISTANCE CENTER.
new text end

new text begin The commissioner must establish a statewide technical assistance center to provide
resources and assistance to programs, people, and families to support individuals with
disabilities to achieve meaningful and competitive employment in integrated settings. Duties
of the technical assistance center include but are not limited to:
new text end

new text begin (1) offering provider business model transition support to ensure ongoing access to
employment and day services;
new text end

new text begin (2) identifying and providing training on innovative, promising, and emerging practices;
new text end

new text begin (3) maintaining a resource clearinghouse to serve as a hub of information to ensure
programs, people, and families have access to high-quality materials and information;
new text end

new text begin (4) fostering innovation and actionable progress by providing direct technical assistance
to programs; and
new text end

new text begin (5) cultivating partnerships and mentorship across support programs, people, and families
in the exploration of and successful transition to competitive, integrated employment.
new text end

Sec. 4.

new text begin [252.55] LEAD AGENCY EMPLOYMENT FIRST CAPACITY BUILDING
GRANTS.
new text end

new text begin The commissioner shall establish a grant program to expand lead agency capacity to
support people with disabilities to contemplate, explore, and maintain competitive, integrated
employment options. Allowable uses of funds include:
new text end

new text begin (1) enhancing resources and staffing to support people and families in understanding
employment options and navigating service options;
new text end

new text begin (2) implementing and testing innovative approaches to better support people with
disabilities and their families in achieving competitive, integrated employment; and
new text end

new text begin (3) other activities approved by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2022, section 256B.092, subdivision 1a, is amended to read:

Subd. 1a.

Case management services.

(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described in
the federally approved waiver application.

(b) Case management service activities provided to or arranged for a person include:

(1) development of the person-centered support plan under subdivision 1b;

(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options, including all service options available under the
waiver plan;

(3) consulting with relevant medical experts or service providers;

(4) assisting the person in the identification of potential providers of chosen services,
including:

(i) providers of services provided in a non-disability-specific setting;

(ii) employment service providers;

(iii) providers of services provided in settings that are not controlled by a provider; and

(iv) providers of financial management services;

(5) assisting the person to access services and assisting in appeals under section 256.045;

(6) coordination of services, if coordination is not provided by another service provider;

(7) evaluation and monitoring of the services identified in the support plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person; and

(8) reviewing support plans and providing the lead agency with recommendations for
service authorization based upon the individual's needs identified in the support plan.

(c) Case management service activities that are provided to the person with a
developmental disability shall be provided directly by county agencies or under contract.
If a county agency contracts for case management services, the county agency must provide
each recipient of home and community-based services who is receiving contracted case
management services with the contact information the recipient may use to file a grievance
with the county agency about the quality of the contracted services the recipient is receiving
from a county-contracted case manager. Case management services must be provided by a
public or private agency that is enrolled as a medical assistance provider determined by the
commissioner to meet all of the requirements in the approved federal waiver plans. Case
management services must not be provided to a recipient by a private agency that has a
financial interest in the provision of any other services included in the recipient's support
plan. For purposes of this section, "private agency" means any agency that is not identified
as a lead agency under section 256B.0911, subdivision 10.

(d) Case managers are responsible for service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate with consumers, families, legal representatives, and
relevant medical experts and service providers in the development and annual review of the
person-centered support plan and habilitation plan.

(e) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

(f) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than deleted text begin ten deleted text end new text begin 20 new text end hours of case management
education and disability-related training each year. The education and training must include
person-centered planning new text begin , employment planning, community living planning, self-direction
options, and use of technology supports new text end . For the purposes of this section, "person-centered
planning" or "person-centered" has the meaning given in section 256B.0911, subdivision
10. new text begin Case managers must document completion of training in a system identified by the
commissioner of human services.
new text end

Sec. 6.

Minnesota Statutes 2022, section 256B.49, subdivision 13, is amended to read:

Subd. 13.

Case management.

(a) Each recipient of a home and community-based waiver
shall be provided case management services by qualified vendors as described in the federally
approved waiver application. The case management service activities provided must include:

(1) finalizing the person-centered written support plan within the timelines established
by the commissioner and section 256B.0911, subdivision 29;

(2) informing the recipient or the recipient's legal guardian or conservator of service
options, including all service options available under the waiver plans;

(3) assisting the recipient in the identification of potential service providers of chosen
services, including:

(i) available options for case management service and providers;

(ii) providers of services provided in a non-disability-specific setting;

(iii) employment service providers;

(iv) providers of services provided in settings that are not community residential settings;
and

(v) providers of financial management services;

(4) assisting the recipient to access services and assisting with appeals under section
256.045; and

(5) coordinating, evaluating, and monitoring of the services identified in the service
plan.

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including:

(1) finalizing the person-centered support plan;

(2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved person-centered support plan; and

(3) adjustments to the person-centered support plan.

(c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must not
be provided to a recipient by a private agency that has any financial interest in the provision
of any other services included in the recipient's support plan. For purposes of this section,
"private agency" means any agency that is not identified as a lead agency under section
256B.0911, subdivision 10.

(d) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

(e) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than deleted text begin ten deleted text end new text begin 20 new text end hours of case management
education and disability-related training each year. The education and training must include
person-centered planning new text begin , employment planning, community living planning, self-direction
options, and use of technology supports new text end . For the purposes of this section, "person-centered
planning" or "person-centered" has the meaning given in section 256B.0911, subdivision
10. new text begin Case managers shall document completion of training in a system identified by the
commissioner of human services.
new text end

Sec. 7.

Minnesota Statutes 2022, section 256B.4905, subdivision 4a, is amended to read:

Subd. 4a.

Informed choice in employment policy.

It is the policy of this state that
working-age individuals who have disabilities:

(1) can work and achieve competitive integrated employment with appropriate services
and supports, as needed;

(2) make informed choices about their postsecondary education, work, and career goals;
deleted text begin and
deleted text end

(3) will be offered the opportunity to make an informed choice, at least annually, to
pursue postsecondary education or to work and earn a competitive wage deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) will be offered benefits planning assistance and supports to understand available
work incentive programs and to understand the impact of work on benefits.
new text end

Sec. 8.

Minnesota Statutes 2022, section 256B.4905, subdivision 5a, is amended to read:

Subd. 5a.

Employment first implementation for disability waiver services.

new text begin (a) new text end The
commissioner of human services shall ensure that:

(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption
that all working-age Minnesotans with disabilities can work and achieve competitive
integrated employment with appropriate services and supports, as needed; and

(2) each waiver recipient of working age be offered, after an informed decision-making
process and during a person-centered planning process, the opportunity to work and earn a
competitive wage before being offered exclusively day services as defined in section
245D.03, subdivision 1, paragraph (c), clause (4), or successor provisions.

new text begin (b) By August 1, 2024, all case managers must complete an employment support planning
training course identified by the commissioner. For case managers hired by a lead agency
after August 1, 2024, this training must be completed within the first 120 days of providing
case management services. Lead agencies must document completion of the training for all
case managers in a tracking system identified by the commissioner.
new text end

Sec. 9.

new text begin [256B.4906] SUBMINIMUM WAGES IN HOME AND COMMUNITY-BASED
SERVICES PROHIBITION; REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Subminimum wage outcome reporting. new text end

new text begin (a) A provider of home and
community-based services for people with developmental disabilities under section 256B.092
or home and community-based services for people with disabilities under section 256B.49
that holds a credential listed in clause (1) or (2) as of August 1, 2023, must submit data on
individuals who are currently being paid subminimum wages or were being paid subminimum
wages by the provider organization as of August 1, 2023, to the commissioner:
new text end

new text begin (1) a certificate through the United States Department of Labor under United States
Code, title 29, section 214(c), of the Fair Labor Standards Act authorizing the payment of
subminimum wages to workers with disabilities; or
new text end

new text begin (2) a permit by the Minnesota Department of Labor and Industry under section 177.28.
new text end

new text begin (b) The following data must be submitted about each individual required under paragraph
(a):
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) identified race and ethnicity;
new text end

new text begin (4) disability type;
new text end

new text begin (5) key employment status measures as determined by the commissioner; and
new text end

new text begin (6) key community-life engagement measures as determined by the commissioner.
new text end

new text begin (c) The information in paragraph (b) must be submitted in a format determined by the
commissioner of human services.
new text end

new text begin (d) A provider must submit the data required under this section annually on a date
specified by the commissioner. The commissioner must give a provider at least 30 calendar
days to submit the data following notice of the due date. If a provider fails to submit the
requested data by the date specified by the commissioner, the commissioner may delay
medical assistance reimbursement until the requested data is submitted.
new text end

new text begin (e) Individually identifiable data submitted to the commissioner under this section are
considered private data on individuals as defined by section 13.02, subdivision 12.
new text end

new text begin (f) The commissioner must analyze data annually for tracking employment and
community-life engagement outcomes.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition of subminimum wages. new text end

new text begin Providers of home and community-based
services are prohibited from paying a person with a disability wages below the state minimum
wage pursuant to section 177.24, or below the prevailing local minimum wage on the basis
of the person's disability. A special certificate authorizing the payment of less than the
minimum wage to a person with a disability issued pursuant to a law of this state or to a
federal law is without effect as of August 1, 2025.
new text end

Sec. 10.

Minnesota Statutes 2022, section 256D.425, subdivision 1, is amended to read:

Subdivision 1.

Persons entitled to receive aid.

A person who is aged, blind, or 18 years
of age or older and disabled and who is receiving supplemental security benefits under Title
XVI on the basis of age, blindness, or disability (or would be eligible for such benefits
except for excess income) is eligible for a payment under the Minnesota supplemental aid
program, if the person's net income is less than the standards in section 256D.44. new text begin A person
who is receiving benefits under the Minnesota supplemental aid program in the month prior
to becoming eligible under section 1619(b) of the Social Security Act is eligible for a
payment under the Minnesota supplemental aid program while they remain in section 1619(b)
status. new text end Persons who are not receiving Supplemental Security Income benefits under Title
XVI of the Social Security Act or disability insurance benefits under Title II of the Social
Security Act due to exhausting time limited benefits are not eligible to receive benefits
under the MSA program. Persons who are not receiving Social Security or other maintenance
benefits for failure to meet or comply with the Social Security or other maintenance program
requirements are not eligible to receive benefits under the MSA program. Persons who are
found ineligible for Supplemental Security Income because of excess income, but whose
income is within the limits of the Minnesota supplemental aid program, must have blindness
or disability determined by the state medical review team.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2022, section 268.19, subdivision 1, is amended to read:

Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:

(1) state and federal agencies specifically authorized access to the data by state or federal
law;

(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;

(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;

new text begin (10) the Department of Human Services for the purpose of evaluating medical assistance
services and supporting program improvement;
new text end

deleted text begin (10) deleted text end new text begin (11) new text end local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;

deleted text begin (11) deleted text end new text begin (12) new text end local and state welfare agencies for the purpose of identifying employment,
wages, and other information to assist in the collection of an overpayment debt in an
assistance program;

deleted text begin (12) deleted text end new text begin (13) new text end local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;

deleted text begin (13) deleted text end new text begin (14) new text end the United States Immigration and Customs Enforcement has access to data
on specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;

deleted text begin (14) deleted text end new text begin (15) new text end the Department of Health for the purposes of epidemiologic investigations;

deleted text begin (15) deleted text end new text begin (16) new text end the Department of Corrections for the purposes of case planning and internal
research for preprobation, probation, and postprobation employment tracking of offenders
sentenced to probation and preconfinement and postconfinement employment tracking of
committed offenders;

deleted text begin (16) deleted text end new text begin (17) new text end the state auditor to the extent necessary to conduct audits of job opportunity
building zones as required under section 469.3201; and

deleted text begin (17) deleted text end new text begin (18) new text end the Office of Higher Education for purposes of supporting program
improvement, system evaluation, and research initiatives including the Statewide
Longitudinal Education Data System.

(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 12. new text begin INTERAGENCY EMPLOYMENT SUPPORTS ALIGNMENT STUDY.
new text end

new text begin The commissioners of human services, employment and economic development, and
education must conduct an interagency alignment study on employment supports for people
with disabilities. The study must evaluate:
new text end

new text begin (1) service rates;
new text end

new text begin (2) provider enrollment and monitoring standards; and
new text end

new text begin (3) eligibility processes and people's lived experience transitioning between employment
programs.
new text end

Sec. 13. new text begin MONITORING EMPLOYMENT OUTCOMES.
new text end

new text begin By January 15, 2025, the Departments of Human Services, Employment and Economic
Development, and Education must provide the chairs and ranking minority members of the
legislative committees with jurisdiction over health, human services, and labor with a plan
for tracking employment outcomes for people with disabilities served by programs
administered by the agencies. This plan must include any needed changes to state law to
track supports received and outcomes across programs.
new text end

Sec. 14. new text begin APPROPRIATION; EMPLOYMENT TECHNICAL ASSISTANCE
CENTER GRANTS.
new text end

new text begin $450,000 in fiscal year 2024 and $1,800,000 in fiscal year 2025 are appropriated from
the general fund to the commissioner of human services for employment and technical
assistance grants to assist organizations and employers in promoting a more inclusive
workplace for people with disabilities.
new text end

Sec. 15. new text begin APPROPRIATION; LEAD AGENCY CAPACITY BUILDING GRANTS.
new text end

new text begin $500,000 in fiscal year 2024 and $2,500,000 in fiscal year 2025 are appropriated from
the general fund to the commissioner of human services for grants to assist organizations,
counties, and Tribes to build capacity for employment opportunities for people with
disabilities under Minnesota Statutes, section 252.55.
new text end

Sec. 16. new text begin APPROPRIATION; TRAINING GRANTS.
new text end

new text begin $37,000 in fiscal year 2024 and $123,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of health for grants to provide case management training
to organizations and employers under Minnesota Statutes, section 256B.4905, subdivision
5a, to support the state's disability employment supports. The base for this purpose is $45,000
in fiscal year 2026 and $45,000 in fiscal year 2027.
new text end

Sec. 17. new text begin APPROPRIATION; MNCHOICES SYSTEM ENHANCEMENTS.
new text end

new text begin $38,000 in fiscal year 2024 and $75,000 in fiscal year 2025 are appropriated from the
general fund to the commissioner of human services to carry out MnCHOICES system
enhancements to embed employment-related materials into the MnCHOICES application.
The base for this purpose is $75,000 in fiscal year 2026.
new text end