HF 3940

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 03:56pm

A bill for an act
relating to human services; modifying disability waiver technology provisions;
amending Minnesota Statutes 2022, section 256B.4905, subdivision 12; Minnesota
Statutes 2023 Supplement, section 256B.4914, subdivision 10d.

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

Section 1.

Minnesota Statutes 2022, section 256B.4905, subdivision 12, is amended to
read:

Subd. 12.

Informed choice in technology implementation for disability waiver
services.

The commissioner of human services shall ensure that:

(1) disability waivers under sections 256B.092 and 256B.49 support the presumption
that all adults who have disabilities and children who have disabilities may use assistive
technology, remote supports, or both to enhance the adult's or child's independence and
quality of life; deleted text begin and
deleted text end

(2) each individual accessing waiver services is offered, after an informed
decision-making process and during a person-centered planning process, the opportunity
to choose assistive technology, remote support, or both to ensure equitable access deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) lead agencies do not include additional processes or requirements, in addition to
those required by the commissioner, that could result in the delay of approval or
implementation of technology; and
new text end

new text begin (4) lead agencies approve technology in a timely manner and make determinations within
30 calendar days of the date of the original request. If denied, the lead agency must submit
a notice of action form clearly stating the reason for the denial, including information
describing why the technology is not appropriate to meet the individual's assessed need.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256B.4914, subdivision 10d, is
amended to read:

Subd. 10d.

Direct care staff; compensation.

(a) A provider paid with rates determined
under subdivision 6 must use a minimum of 66 percent of the revenue generated by rates
determined under that subdivision for direct care staff compensation.

(b) A provider paid with rates determined under subdivision 7 must use a minimum of
45 percent of the revenue generated by rates determined under that subdivision for direct
care staff compensation.

(c) A provider paid with rates determined under subdivision 8 or 9 must use a minimum
of 60 percent of the revenue generated by rates determined under those subdivisions for
direct care staff compensation.

(d) Compensation under this subdivision includes:

(1) wages;

(2) taxes and workers' compensation;

(3) health insurance;

(4) dental insurance;

(5) vision insurance;

(6) life insurance;

(7) short-term disability insurance;

(8) long-term disability insurance;

(9) retirement spending;

(10) tuition reimbursement;

(11) wellness programs;

(12) paid vacation time;

(13) paid sick time; deleted text begin or
deleted text end

(14) new text begin costs related to providing remote support, including payments made to third-party
vendors;
new text end

new text begin (15) cost of technology to support individuals remotely; or
new text end

new text begin (16) new text end other items of monetary value provided to direct care staff.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end