HF 2617

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/17/2023 11:34pm

A bill for an act
relating to human services; establishing supported decision making grant programs;
requiring reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 256.

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

Section 1.

new text begin [256.4771] SUPPORTED-DECISION-MAKING PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin The commissioner of human services shall award general
operating grants to public and private nonprofit organizations and counties to provide and
promote supported decision making.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this section have
the meanings given.
new text end

new text begin (b) "Supported decision making" has the meaning given in section 524.5-102, subdivision
16a.
new text end

new text begin (c) "Supported-decision-making services" means services provided to help an individual
consider, access, or develop supported decision making, potentially as an alternative to
more restrictive forms of decision making, including guardianship and conservatorship.
The services may be provided to the individual, family members, or trusted support people.
The individual may currently be a person subject to guardianship or conservatorship, but
the services must not be used to help a person access a guardianship or conservatorship.
new text end

new text begin Subd. 3. new text end

new text begin Grants. new text end

new text begin (a) The grants must be distributed as follows:
new text end

new text begin (1) at least 75 percent of the grant funding must be used to fund programs or organizations
that provide supported-decision-making services;
new text end

new text begin (2) no more than 20 percent of the grant funding may be used to fund county or Tribal
programs that provide supported-decision-making services; and
new text end

new text begin (3) no more than five percent of the grant funding may be used to fund programs or
organizations that promote the use and advancement of supported decision making.
new text end

new text begin (b) The grants must be distributed in a manner to promote racial and geographic diversity
in the populations receiving services as determined by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation and report. new text end

new text begin By June 30, 2024, and every two years after that, the
commissioner must report on the impact and outcomes of the grants to
supported-decision-making programs to the chairs and ranking minority members of the
legislative committees with jurisdiction over human services. The report must detail how
the funding was used to achieve the requirements in subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Applications. new text end

new text begin Any public or private nonprofit agency may apply to the
commissioner for a grant under subdivision 3, paragraph (a), clause (1) or (3). Any county
or Tribal agency in Minnesota may apply to the commissioner for a grant under subdivision
3, paragraph (a), clause (2). The application must be submitted in a form approved by the
commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Duties of grantees. new text end

new text begin Every public or private nonprofit agency, county, or Tribal
agency that receives a grant to provide or promote supported decision making must comply
with rules related to the administration of the grants.
new text end

Sec. 2. new text begin DIRECTION TO THE COMMISSIONER.
new text end

new text begin By December 15, 2023, the commissioner shall issue a report to the governor and the
chairs and ranking minority members of the legislative committees with jurisdiction over
human services detailing how medical assistance service providers could be reimbursed for
providing supported decision-making services. The report must detail recommendations for
all medical assistance programs, including all home and community-based programs, to
provide for reimbursement for supported-decision-making services. The report must develop
detailed provider requirements for reimbursement, including the criteria necessary to provide
high-quality services. In developing provider requirements, the commissioner shall consult
with all relevant stakeholders, including organizations currently providing supported decision
making services. The report must also include strategies to promote equitable access to
supported-decision-making services among People of Color, people from culturally specific
communities, people from rural communities, and other people who may experience barriers
to accessing medical assistance home and community-based services.
new text end

Sec. 3. new text begin APPROPRIATIONS; SUPPORTED-DECISION-MAKING PROGRAM.
new text end

new text begin $7,500,000 in fiscal year 2023, $7,500,000 in fiscal year 2024, and $7,500,000 in fiscal
year 2025 are appropriated from the general fund to the commissioner of human services
for grants to fund supported-decision-making programs under Minnesota Statutes, section
256.4771. Any unexpended amount from fiscal year 2023 does not cancel and is available
until June 30, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

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