1.1 	A bill for an act
1.2 	relating to human services; the human services omnibus budget bill; modifying 
1.3 	provisions related to disability services, aging services, substance use disorder 
1.4 	treatment services, priority admissions to state-operated programs and civil 
1.5 	commitment, and Direct Care and Treatment; modifying provisions related to 
1.6 	licensing of assisted living facilities; making technical changes; appropriating 
1.7 	money;amending Minnesota Statutes 2022, sections 13.46, subdivisions 1, as 
1.8 	amended, 10, as amended; 144G.41, subdivision 1, by adding subdivisions; 
1.9 	144G.63, subdivisions 1, 4; 145.61, subdivision 5; 245.821, subdivision 1; 245.825, 
1.10 	subdivision 1; 245A.11, subdivision 2a; 246.018, subdivision 3, as amended; 
1.11 	246.13, subdivision 2, as amended; 246.234, as amended; 246.36, as amended; 
1.12 	246.511, as amended; 252.27, subdivision 2b; 252.282, subdivision 1, by adding 
1.13 	a subdivision; 256.88; 256.89; 256.90; 256.91; 256.92; 256B.02, subdivision 11; 
1.14 	256B.073, subdivision 4; 256B.0911, subdivisions 12, 17, 20; 256B.0913, 
1.15 	subdivision 5a; 256B.0924, subdivision 3; 256B.434, by adding a subdivision; 
1.16 	256B.49, subdivision 16; 256B.4911, by adding subdivisions; 256B.77, subdivision 
1.17 	7a; 256R.53, by adding a subdivision; 256S.205, subdivision 5; 447.42, subdivision 
1.18 	1; Minnesota Statutes 2023 Supplement, sections 10.65, subdivision 2; 13.46, 
1.19 	subdivision 2, as amended; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 
1.20 	15A.082, subdivisions 1, 3, 7; 43A.08, subdivisions 1, 1a; 245A.03, subdivision 
1.21 	7, as amended; 246.0135, as amended; 246C.01; 246C.02, as amended; 246C.04, 
1.22 	as amended; 246C.05, as amended; 253B.10, subdivision 1; 256.042, subdivision 
1.23 	2; 256.043, subdivision 3; 256.9756, subdivisions 1, 2; 256B.073, subdivision 3; 
1.24 	256B.0911, subdivision 13; 256B.0913, subdivision 5; 256B.4914, subdivision 
1.25 	10d; 256R.55, subdivision 9; 270B.14, subdivision 1; Laws 2021, First Special 
1.26 	Session chapter 7, article 13, section 68; article 17, section 19, as amended; Laws 
1.27 	2023, chapter 61, article 1, sections 59, subdivisions 2, 3; 60, subdivisions 1, 2; 
1.28 	67, subdivision 3; article 4, section 11; article 8, sections 1; 2; 3; 8; article 9, section 
1.29 	2, subdivisions 13, 16, as amended, 18; Laws 2024, chapter 79, article 1, sections 
1.30 	18; 23; 24; 25, subdivision 3; article 10, sections 1; 6; proposing coding for new 
1.31 	law in Minnesota Statutes, chapters 144G; 245D; 246C; 256S; repealing Minnesota 
1.32 	Statutes 2022, sections 246.41; 252.021; 252.27, subdivisions 1a, 2, 3, 4a, 5, 6; 
1.33 	256B.0916, subdivision 10; Minnesota Statutes 2023 Supplement, sections 246C.03; 
1.34 	252.27, subdivision 2a.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	ARTICLE 1
2.3 	DISABILITY SERVICES

2.4 	Section 1. Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, as amended 
2.5 	by Laws 2024, chapter 80, article 8, section 2, is amended to read:
2.6 		Subd. 2.General. (a) Data on individuals collected, maintained, used, or disseminated 
2.7 	by the welfare system are private data on individuals, and shall not be disclosed except:
2.8 	(1) according to section 13.05;
2.9 	(2) according to court order;
2.10 	(3) according to a statute specifically authorizing access to the private data;
2.11 	(4) to an agent of the welfare system and an investigator acting on behalf of a county, 
2.12 	the state, or the federal government, including a law enforcement person or attorney in the 
2.13 	investigation or prosecution of a criminal, civil, or administrative proceeding relating to the 
2.14 	administration of a program;
2.15 	(5) to personnel of the welfare system who require the data to verify an individual's 
2.16 	identity; determine eligibility, amount of assistance, and the need to provide services to an 
2.17 	individual or family across programs; coordinate services for an individual or family; 
2.18 	evaluate the effectiveness of programs; assess parental contribution amounts; and investigate 
2.19 	suspected fraud;
2.20 	(6) to administer federal funds or programs;
2.21 	(7) between personnel of the welfare system working in the same program;
2.22 	(8) to the Department of Revenue to assess parental contribution amounts for purposes 
2.23 	of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs 
2.24 	and to identify individuals who may benefit from these programs, and prepare the databases 
2.25 	for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section 
2.26 	6. The following information may be disclosed under this paragraph: an individual's and 
2.27 	their dependent's names, dates of birth, Social Security or individual taxpayer identification 
2.28 	numbers, income, addresses, and other data as required, upon request by the Department 
2.29 	of Revenue. Disclosures by the commissioner of revenue to the commissioner of human 
2.30 	services for the purposes described in this clause are governed by section 270B.14, 
2.31 	subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent 
2.32 	care credit under section 290.067, the Minnesota working family credit under section 
3.1 	290.0671, the property tax refund under section 290A.04, and the Minnesota education 
3.2 	credit under section 290.0674;
3.3 	(9) between the Department of Human Services; the Department of Employment and 
3.4 	Economic Development; the Department of Children, Youth, and Families; and, when 
3.5 	applicable, the Department of Education, for the following purposes:
3.6 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
3.7 	employment or training program administered, supervised, or certified by that agency;
3.8 	(ii) to administer any rehabilitation program or child care assistance program, whether 
3.9 	alone or in conjunction with the welfare system;
3.10 	(iii) to monitor and evaluate the Minnesota family investment program or the child care 
3.11 	assistance program by exchanging data on recipients and former recipients of Supplemental 
3.12 	Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 
3.13 	256J, or 256K, child care assistance under chapter 119B, medical programs under chapter 
3.14 	256B or 256L; and
3.15 	(iv) to analyze public assistance employment services and program utilization, cost, 
3.16 	effectiveness, and outcomes as implemented under the authority established in Title II, 
3.17 	Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. 
3.18 	Health records governed by sections 144.291 to 144.298 and "protected health information" 
3.19 	as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code 
3.20 	of Federal Regulations, title 45, parts 160-164, including health care claims utilization 
3.21 	information, must not be exchanged under this clause;
3.22 	(10) to appropriate parties in connection with an emergency if knowledge of the 
3.23 	information is necessary to protect the health or safety of the individual or other individuals 
3.24 	or persons;
3.25 	(11) data maintained by residential programs as defined in section 245A.02 may be 
3.26 	disclosed to the protection and advocacy system established in this state according to Part 
3.27 	C of Public Law 98-527 to protect the legal and human rights of persons with developmental 
3.28 	disabilities or other related conditions who live in residential facilities for these persons if 
3.29 	the protection and advocacy system receives a complaint by or on behalf of that person and 
3.30 	the person does not have a legal guardian or the state or a designee of the state is the legal 
3.31 	guardian of the person;
3.32 	(12) to the county medical examiner or the county coroner for identifying or locating 
3.33 	relatives or friends of a deceased person;
4.1 	(13) data on a child support obligor who makes payments to the public agency may be 
4.2 	disclosed to the Minnesota Office of Higher Education to the extent necessary to determine 
4.3 	eligibility under section 136A.121, subdivision 2, clause (5);
4.4 	(14) participant Social Security or individual taxpayer identification numbers and names 
4.5 	collected by the telephone assistance program may be disclosed to the Department of 
4.6 	Revenue to conduct an electronic data match with the property tax refund database to 
4.7 	determine eligibility under section 237.70, subdivision 4a;
4.8 	(15) the current address of a Minnesota family investment program participant may be 
4.9 	disclosed to law enforcement officers who provide the name of the participant and notify 
4.10 	the agency that:
4.11 	(i) the participant:
4.12 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
4.13 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
4.14 	jurisdiction from which the individual is fleeing; or
4.15 	(B) is violating a condition of probation or parole imposed under state or federal law;
4.16 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
4.17 	official duties; and
4.18 	(iii) the request is made in writing and in the proper exercise of those duties;
4.19 	(16) the current address of a recipient of general assistance may be disclosed to probation 
4.20 	officers and corrections agents who are supervising the recipient and to law enforcement 
4.21 	officers who are investigating the recipient in connection with a felony level offense;
4.22 	(17) information obtained from a SNAP applicant or recipient households may be 
4.23 	disclosed to local, state, or federal law enforcement officials, upon their written request, for 
4.24 	the purpose of investigating an alleged violation of the Food and Nutrition Act, according 
4.25 	to Code of Federal Regulations, title 7, section 272.1(c);
4.26 	(18) the address, Social Security or individual taxpayer identification number, and, if 
4.27 	available, photograph of any member of a household receiving SNAP benefits shall be made 
4.28 	available, on request, to a local, state, or federal law enforcement officer if the officer 
4.29 	furnishes the agency with the name of the member and notifies the agency that:
4.30 	(i) the member:
4.31 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
4.32 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
5.1 	(B) is violating a condition of probation or parole imposed under state or federal law; 
5.2 	or
5.3 	(C) has information that is necessary for the officer to conduct an official duty related 
5.4 	to conduct described in subitem (A) or (B);
5.5 	(ii) locating or apprehending the member is within the officer's official duties; and
5.6 	(iii) the request is made in writing and in the proper exercise of the officer's official duty;
5.7 	(19) the current address of a recipient of Minnesota family investment program, general 
5.8 	assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing, 
5.9 	provide the name of the recipient and notify the agency that the recipient is a person required 
5.10 	to register under section 243.166, but is not residing at the address at which the recipient is 
5.11 	registered under section 243.166;
5.12 	(20) certain information regarding child support obligors who are in arrears may be 
5.13 	made public according to section 518A.74;
5.14 	(21) data on child support payments made by a child support obligor and data on the 
5.15 	distribution of those payments excluding identifying information on obligees may be 
5.16 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
5.17 	actions undertaken by the public authority, the status of those actions, and data on the income 
5.18 	of the obligor or obligee may be disclosed to the other party;
5.19 	(22) data in the work reporting system may be disclosed under section 256.998, 
5.20 	subdivision 7;
5.21 	(23) to the Department of Education for the purpose of matching Department of Education 
5.22 	student data with public assistance data to determine students eligible for free and 
5.23 	reduced-price meals, meal supplements, and free milk according to United States Code, 
5.24 	title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state 
5.25 	funds that are distributed based on income of the student's family; and to verify receipt of 
5.26 	energy assistance for the telephone assistance plan;
5.27 	(24) the current address and telephone number of program recipients and emergency 
5.28 	contacts may be released to the commissioner of health or a community health board as 
5.29 	defined in section 145A.02, subdivision 5, when the commissioner or community health 
5.30 	board has reason to believe that a program recipient is a disease case, carrier, suspect case, 
5.31 	or at risk of illness, and the data are necessary to locate the person;
5.32 	(25) to other state agencies, statewide systems, and political subdivisions of this state, 
5.33 	including the attorney general, and agencies of other states, interstate information networks, 
6.1 	federal agencies, and other entities as required by federal regulation or law for the 
6.2 	administration of the child support enforcement program;
6.3 	(26) to personnel of public assistance programs as defined in section 256.741, for access 
6.4 	to the child support system database for the purpose of administration, including monitoring 
6.5 	and evaluation of those public assistance programs;
6.6 	(27) to monitor and evaluate the Minnesota family investment program by exchanging 
6.7 	data between the Departments of Human Services; Children, Youth, and Families; and 
6.8 	Education, on recipients and former recipients of SNAP benefits, cash assistance under 
6.9 	chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical 
6.10 	programs under chapter 256B or 256L, or a medical program formerly codified under chapter 
6.11 	256D;
6.12 	(28) to evaluate child support program performance and to identify and prevent fraud 
6.13 	in the child support program by exchanging data between the Department of Human Services; 
6.14 	Department of Children, Youth, and Families; Department of Revenue under section 270B.14, 
6.15 	subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph 
6.16 	(c); Department of Health; Department of Employment and Economic Development; and 
6.17 	other state agencies as is reasonably necessary to perform these functions;
6.18 	(29) counties and the Department of Children, Youth, and Families operating child care 
6.19 	assistance programs under chapter 119B may disseminate data on program participants, 
6.20 	applicants, and providers to the commissioner of education;
6.21 	(30) child support data on the child, the parents, and relatives of the child may be 
6.22 	disclosed to agencies administering programs under titles IV-B and IV-E of the Social 
6.23 	Security Act, as authorized by federal law;
6.24 	(31) to a health care provider governed by sections 144.291 to 144.298, to the extent 
6.25 	necessary to coordinate services;
6.26 	(32) to the chief administrative officer of a school to coordinate services for a student 
6.27 	and family; data that may be disclosed under this clause are limited to name, date of birth, 
6.28 	gender, and address;
6.29 	(33) to county correctional agencies to the extent necessary to coordinate services and 
6.30 	diversion programs; data that may be disclosed under this clause are limited to name, client 
6.31 	demographics, program, case status, and county worker information; or
6.32 	(34) between the Department of Human Services and the Metropolitan Council for the 
6.33 	following purposes:
7.1 	(i) to coordinate special transportation service provided under section 473.386 with 
7.2 	services for people with disabilities and elderly individuals funded by or through the 
7.3 	Department of Human Services; and
7.4 	(ii) to provide for reimbursement of special transportation service provided under section 
7.5 	473.386.
7.6 	The data that may be shared under this clause are limited to the individual's first, last, and 
7.7 	middle names; date of birth; residential address; and program eligibility status with expiration 
7.8 	date for the purposes of informing the other party of program eligibility.
7.9 	(b) Information on persons who have been treated for substance use disorder may only 
7.10 	be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 
7.11 	2.1 to 2.67.
7.12 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), 
7.13 	(17), or (18), or paragraph (b), are investigative data and are confidential or protected 
7.14 	nonpublic while the investigation is active. The data are private after the investigation 
7.15 	becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
7.16 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 
7.17 	not subject to the access provisions of subdivision 10, paragraph (b).
7.18 	For the purposes of this subdivision, a request will be deemed to be made in writing if 
7.19 	made through a computer interface system.

7.20 	Sec. 2. Minnesota Statutes 2022, section 245.821, subdivision 1, is amended to read:
7.21 		Subdivision 1.Notice required. Notwithstanding any law to the contrary, no private or 
7.22 	public facility for the treatment, housing, or counseling of more than five persons with 
7.23 	mental illness, physical disability, developmental disability, as defined in section 252.27, 
7.24 	subdivision 1a, substance use disorder, or another form of dependency, nor any correctional 
7.25 	facility for more than five persons, shall be established without 30 days' written notice to 
7.26 	the affected municipality or other political subdivision.

7.27 	Sec. 3. Minnesota Statutes 2022, section 245.825, subdivision 1, is amended to read:
7.28 		Subdivision 1.Rules governing aversive and deprivation procedures. The 
7.29 	commissioner of human services shall by October, 1983, promulgate rules governing the 
7.30 	use of aversive and deprivation procedures in all licensed facilities and licensed services 
7.31 	serving persons with developmental disabilities, as defined in section 252.27, subdivision 
7.32 	1a. No provision of these rules shall encourage or require the use of aversive and deprivation 
8.1 	procedures. The rules shall prohibit: (1) the application of certain aversive and deprivation 
8.2 	procedures in facilities except as authorized and monitored by the commissioner; (2) the 
8.3 	use of aversive and deprivation procedures that restrict the consumers' normal access to 
8.4 	nutritious diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene 
8.5 	facilities, normal sleeping conditions, and necessary clothing; and (3) the use of faradic 
8.6 	shock without a court order. The rule shall further specify that consumers may not be denied 
8.7 	ordinary access to legal counsel and next of kin. In addition, the rule may specify other 
8.8 	prohibited practices and the specific conditions under which permitted practices are to be 
8.9 	carried out. For any persons receiving faradic shock, a plan to reduce and eliminate the use 
8.10 	of faradic shock shall be in effect upon implementation of the procedure.

8.11 	Sec. 4. Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, as amended 
8.12 	by Laws 2024, chapter 80, article 2, section 37, and Laws 2024, chapter 85, section 53, is 
8.13 	amended to read:
8.14 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
8.15 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
8.16 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
8.17 	for a physical location that will not be the primary residence of the license holder for the 
8.18 	entire period of licensure. If a family adult foster care home license is issued during this 
8.19 	moratorium, and the license holder changes the license holder's primary residence away 
8.20 	from the physical location of the foster care license, the commissioner shall revoke the 
8.21 	license according to section 245A.07. The commissioner shall not issue an initial license 
8.22 	for a community residential setting licensed under chapter 245D. When approving an 
8.23 	exception under this paragraph, the commissioner shall consider the resource need 
8.24 	determination process in paragraph (h), the availability of foster care licensed beds in the 
8.25 	geographic area in which the licensee seeks to operate, the results of a person's choices 
8.26 	during their annual assessment and service plan review, and the recommendation of the 
8.27 	local county board. The determination by the commissioner is final and not subject to appeal. 
8.28 	Exceptions to the moratorium include:
8.29 	(1) a license for a person in a foster care setting that is not the primary residence of the 
8.30 	license holder and where at least 80 percent of the residents are 55 years of age or older;
8.31 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
8.32 	community residential setting licenses replacing adult foster care licenses in existence on 
8.33 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
8.34 	(b);
9.1 	(3) new foster care licenses or community residential setting licenses determined to be 
9.2 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
9.3 	or regional treatment center; restructuring of state-operated services that limits the capacity 
9.4 	of state-operated facilities; or allowing movement to the community for people who no 
9.5 	longer require the level of care provided in state-operated facilities as provided under section 
9.6 	256B.092, subdivision 13, or 256B.49, subdivision 24; or
9.7 	(4) new foster care licenses or community residential setting licenses determined to be 
9.8 	needed by the commissioner under paragraph (b) for persons requiring hospital-level care.; 
9.9 	or
9.10 	(5) new community residential setting licenses determined necessary by the commissioner 
9.11 	for people affected by the closure of homes with a capacity of five or six beds currently 
9.12 	licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but 
9.13 	not designated as intermediate care facilities. This exception is available until June 30, 2025.
9.14 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
9.15 	community residential settings as defined under this subdivision. As part of the determination, 
9.16 	the commissioner shall consider the availability of foster care capacity in the area in which 
9.17 	the licensee seeks to operate, and the recommendation of the local county board. The 
9.18 	determination by the commissioner must be final. A determination of need is not required 
9.19 	for a change in ownership at the same address.
9.20 	(c) When an adult resident served by the program moves out of a foster home that is not 
9.21 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
9.22 	paragraph (f), or the adult community residential setting, the county shall immediately 
9.23 	inform the Department of Human Services Licensing Division. The department may decrease 
9.24 	the statewide licensed capacity for adult foster care settings.
9.25 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
9.26 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
9.27 	residents whose primary diagnosis is mental illness and the license holder is certified under 
9.28 	the requirements in subdivision 6a or section 245D.33.
9.29 	(e) A resource need determination process, managed at the state level, using the available 
9.30 	data required by section 144A.351, and other data and information shall be used to determine 
9.31 	where the reduced capacity determined under section 256B.493 will be implemented. The 
9.32 	commissioner shall consult with the stakeholders described in section 144A.351, and employ 
9.33 	a variety of methods to improve the state's capacity to meet the informed decisions of those 
9.34 	people who want to move out of corporate foster care or community residential settings, 
10.1 	long-term service needs within budgetary limits, including seeking proposals from service 
10.2 	providers or lead agencies to change service type, capacity, or location to improve services, 
10.3 	increase the independence of residents, and better meet needs identified by the long-term 
10.4 	services and supports reports and statewide data and information.
10.5 	(f) At the time of application and reapplication for licensure, the applicant and the license 
10.6 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
10.7 	required to inform the commissioner whether the physical location where the foster care 
10.8 	will be provided is or will be the primary residence of the license holder for the entire period 
10.9 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
10.10 	or license holder must notify the commissioner immediately. The commissioner shall print 
10.11 	on the foster care license certificate whether or not the physical location is the primary 
10.12 	residence of the license holder.
10.13 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
10.14 	primary residence of the license holder and that also provide services in the foster care home 
10.15 	that are covered by a federally approved home and community-based services waiver, as 
10.16 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
10.17 	services licensing division that the license holder provides or intends to provide these 
10.18 	waiver-funded services.
10.19 	(h) The commissioner may adjust capacity to address needs identified in section 
10.20 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
10.21 	delicense existing settings. Delicensing of settings will be accomplished through a process 
10.22 	identified in section 256B.493.
10.23 	(i) The commissioner must notify a license holder when its corporate foster care or 
10.24 	community residential setting licensed beds are reduced under this section. The notice of 
10.25 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
10.26 	mail or personal service. The notice must state why the licensed beds are reduced and must 
10.27 	inform the license holder of its right to request reconsideration by the commissioner. The 
10.28 	license holder's request for reconsideration must be in writing. If mailed, the request for 
10.29 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
10.30 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
10.31 	reconsideration is made by personal service, it must be received by the commissioner within 
10.32 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
10.33 	(j) The commissioner shall not issue an initial license for children's residential treatment 
10.34 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
11.1 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
11.2 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
11.3 	moratorium described in this paragraph. The commissioner has the authority to manage 
11.4 	existing statewide capacity for children's residential treatment services subject to the 
11.5 	moratorium under this paragraph and may issue an initial license for such facilities if the 
11.6 	initial license would not increase the statewide capacity for children's residential treatment 
11.7 	services subject to the moratorium under this paragraph.

11.8 	EFFECTIVE DATE. This section is effective August 1, 2024.

11.9 	Sec. 5. Minnesota Statutes 2022, section 245A.11, subdivision 2a, is amended to read:
11.10 		Subd. 2a.Adult foster care and community residential setting license capacity. (a) 
11.11 	The commissioner shall issue adult foster care and community residential setting licenses 
11.12 	with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, 
11.13 	except that the commissioner may issue a license with a capacity of five beds, including 
11.14 	roomers and boarders, according to paragraphs (b) to (g) (h).
11.15 	(b) The license holder may have a maximum license capacity of five if all persons in 
11.16 	care are age 55 or over and do not have a serious and persistent mental illness or a 
11.17 	developmental disability.
11.18 	(c) The commissioner may grant variances to paragraph (b) to allow a facility with a 
11.19 	licensed capacity of up to five persons to admit an individual under the age of 55 if the 
11.20 	variance complies with section 245A.04, subdivision 9, and approval of the variance is 
11.21 	recommended by the county in which the licensed facility is located.
11.22 	(d) The commissioner may grant variances to paragraph (a) to allow the use of an 
11.23 	additional bed, up to six, for emergency crisis services for a person with serious and persistent 
11.24 	mental illness or a developmental disability, regardless of age, if the variance complies with 
11.25 	section 245A.04, subdivision 9, and approval of the variance is recommended by the county 
11.26 	in which the licensed facility is located.
11.27 	(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an 
11.28 	additional bed, up to six, for respite services, as defined in section 245A.02, for persons 
11.29 	with disabilities, regardless of age, if the variance complies with sections 245A.03, 
11.30 	subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended 
11.31 	by the county in which the licensed facility is located. Respite care may be provided under 
11.32 	the following conditions:
12.1 	(1) staffing ratios cannot be reduced below the approved level for the individuals being 
12.2 	served in the home on a permanent basis;
12.3 	(2) no more than two different individuals can be accepted for respite services in any 
12.4 	calendar month and the total respite days may not exceed 120 days per program in any 
12.5 	calendar year;
12.6 	(3) the person receiving respite services must have his or her own bedroom, which could 
12.7 	be used for alternative purposes when not used as a respite bedroom, and cannot be the 
12.8 	room of another person who lives in the facility; and
12.9 	(4) individuals living in the facility must be notified when the variance is approved. The 
12.10 	provider must give 60 days' notice in writing to the residents and their legal representatives 
12.11 	prior to accepting the first respite placement. Notice must be given to residents at least two 
12.12 	days prior to service initiation, or as soon as the license holder is able if they receive notice 
12.13 	of the need for respite less than two days prior to initiation, each time a respite client will 
12.14 	be served, unless the requirement for this notice is waived by the resident or legal guardian.
12.15 	(f) The commissioner may issue an adult foster care or community residential setting 
12.16 	license with a capacity of five adults if the fifth bed does not increase the overall statewide 
12.17 	capacity of licensed adult foster care or community residential setting beds in homes that 
12.18 	are not the primary residence of the license holder, as identified in a plan submitted to the 
12.19 	commissioner by the county, when the capacity is recommended by the county licensing 
12.20 	agency of the county in which the facility is located and if the recommendation verifies 
12.21 	that:
12.22 	(1) the facility meets the physical environment requirements in the adult foster care 
12.23 	licensing rule;
12.24 	(2) the five-bed living arrangement is specified for each resident in the resident's:
12.25 	(i) individualized plan of care;
12.26 	(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
12.27 	(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, 
12.28 	subpart 19, if required;
12.29 	(3) the license holder obtains written and signed informed consent from each resident 
12.30 	or resident's legal representative documenting the resident's informed choice to remain 
12.31 	living in the home and that the resident's refusal to consent would not have resulted in 
12.32 	service termination; and
13.1 	(4) the facility was licensed for adult foster care before March 1, 2016.
13.2 	(g) The commissioner shall not issue a new adult foster care license under paragraph (f) 
13.3 	after December 31, 2020. The commissioner shall allow a facility with an adult foster care 
13.4 	license issued under paragraph (f) before December 31, 2020, to continue with a capacity 
13.5 	of five adults if the license holder continues to comply with the requirements in paragraph 
13.6 	(f).
13.7 	(h) The commissioner may issue an adult foster care or community residential setting 
13.8 	license with a capacity of five or six adults to facilities meeting the criteria in section 
13.9 	245A.03, subdivision 7, paragraph (a), clause (5), and grant variances to paragraph (b) to 
13.10 	allow the facility to admit an individual under the age of 55 if the variance complies with 
13.11 	section 245A.04, subdivision 9, and approval of the variance is recommended by the county 
13.12 	in which the licensed facility is located.
13.13 	(h) (i) Notwithstanding Minnesota Rules, part 9520.0500, adult foster care and community 
13.14 	residential setting licenses with a capacity of up to six adults as allowed under this subdivision 
13.15 	are not required to be licensed as an adult mental health residential program according to 
13.16 	Minnesota Rules, parts 9520.0500 to 9520.0670.

13.17 	EFFECTIVE DATE. This section is effective August 1, 2024.

13.18 	Sec. 6. [245D.13] OUT-OF-HOME RESPITE SERVICES FOR CHILDREN.
13.19 		Subdivision 1.Licensed setting required. A license holder with a home and 
13.20 	community-based services license providing out-of-home respite services for children must 
13.21 	do so only in a licensed setting, unless exempt under subdivision 2.
13.22 		Subd. 2.Exemption from licensed setting requirement. (a) A license holder with a 
13.23 	home and community-based services license may provide out-of-home respite services for 
13.24 	children in an unlicensed residential setting if:
13.25 	(1) the child has not been placed in foster care under Minnesota Rules, part 9560.0529;
13.26 	(2) all background studies are completed according to the requirements in chapter 245C;
13.27 	(3) a child's case manager conducts and documents an assessment of the residential 
13.28 	setting and its environment before services are provided and at least once each calendar 
13.29 	year thereafter if services continue to be provided at that residence. The assessment must 
13.30 	ensure that the setting is suitable for the child receiving respite services. The assessment 
13.31 	must be conducted and documented in the manner prescribed by the commissioner;
14.1 	(4) the child's legal representative visits the residence and signs and dates a statement 
14.2 	authorizing services in the residence before services are provided and at least once each 
14.3 	calendar year thereafter if services continue to be provided at that residence;
14.4 	(5) the services are provided in a residential setting that is not licensed to provide any 
14.5 	other licensed services;
14.6 	(6) the services are provided to no more than four children at any one time. Each child 
14.7 	must have an individual bedroom, with the exception of two siblings who may share a 
14.8 	bedroom;
14.9 	(7) services are not provided to children and adults over the age of 21 in the same 
14.10 	residence at the same time;
14.11 	(8) services are not provided to a single family for more than 46 calendar days in a 
14.12 	calendar year and no more than ten consecutive days;
14.13 	(9) the license holder's license was not made conditional, suspended, or revoked during 
14.14 	the previous 24 months; and
14.15 	(10) each individual in the residence at the time services are provided, other than 
14.16 	individuals receiving services, is an employee, as defined under section 245C.02, of the 
14.17 	license holder and has had a background study completed under chapter 245C. No other 
14.18 	household members or other individuals may be present in the residence while services are 
14.19 	provided.
14.20 	(b) A child may not receive out-of-home respite services in more than two unlicensed 
14.21 	residential settings in a calendar year.
14.22 	(c) The license holder must ensure the requirements in this section are met.
14.23 		Subd. 3.Documentation requirements. The license holder must maintain documentation 
14.24 	of the following:
14.25 	(1) background studies completed under chapter 245C;
14.26 	(2) service recipient records indicating the calendar dates and times when services were 
14.27 	provided;
14.28 	(3) the case manager's initial residential setting assessment and each residential assessment 
14.29 	completed thereafter; and
14.30 	(4) the legal representative's approval of the residential setting before services are 
14.31 	provided and each year thereafter.

15.1 	Sec. 7. Minnesota Statutes 2022, section 246.511, as amended by Laws 2024, chapter 79, 
15.2 	article 2, section 39, is amended to read:
15.3 	246.511 RELATIVE RESPONSIBILITY.
15.4 	Except for substance use disorder services paid for with money provided under chapter 
15.5 	254B, the executive board must not require under section 246.51 a client's relatives to pay 
15.6 	more than the following: (1) for services provided in a community-based service, the 
15.7 	noncovered cost of care as determined under the ability to pay determination; and (2) for 
15.8 	services provided at a regional treatment center operated by state-operated services, 20 
15.9 	percent of the cost of care, unless the relatives reside outside the state. The executive board 
15.10 	must determine the responsibility of parents of children in state facilities to pay according 
15.11 	to section 252.27, subdivision 2, or in rules adopted under chapter 254B if the cost of care 
15.12 	is paid under chapter 254B. The executive board may accept voluntary payments in excess 
15.13 	of 20 percent. The executive board may require full payment of the full per capita cost of 
15.14 	care in state facilities for clients whose parent, parents, spouse, guardian, or conservator do 
15.15 	not reside in Minnesota.

15.16 	Sec. 8. Minnesota Statutes 2022, section 252.27, subdivision 2b, is amended to read:
15.17 		Subd. 2b.Child's responsibility Parental or guardian reimbursement to counties. (a) 
15.18 	Parental or guardian responsibility of for the child for the child's cost of care incurred by 
15.19 	counties shall be up to the maximum amount of the total income and resources attributed 
15.20 	to the child except for the clothing and personal needs allowance as provided in section 
15.21 	256B.35, subdivision 1. Reimbursement by the parents and child or guardians residing 
15.22 	outside of Minnesota shall be made to the county making any payments for services. The 
15.23 	county board may require payment of the full cost of caring for children whose parents or 
15.24 	guardians do not reside in this state.
15.25 	(b) To the extent that a child described in subdivision 1 is eligible for benefits under 
15.26 	chapter 62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.

15.27 	Sec. 9. Minnesota Statutes 2022, section 252.282, subdivision 1, is amended to read:
15.28 		Subdivision 1.Host county responsibility. (a) For purposes of this section, "local system 
15.29 	needs planning" means the determination of need for ICF/DD services by program type, 
15.30 	location, demographics, and size of licensed services for persons with developmental 
15.31 	disabilities or related conditions.
16.1 	(b) (a) This section does not apply to semi-independent living services and 
16.2 	residential-based habilitation services funded as home and community-based services.
16.3 	(c) (b) In collaboration with the commissioner and ICF/DD providers, counties shall 
16.4 	complete a local system needs planning process for each ICF/DD facility. Counties shall 
16.5 	evaluate the preferences and needs of persons with developmental disabilities to determine 
16.6 	resource demands through a systematic assessment and planning process by May 15, 2000, 
16.7 	and by July 1 every two years thereafter beginning in 2001.
16.8 	(d) (c) A local system needs planning process shall be undertaken more frequently when 
16.9 	the needs or preferences of consumers change significantly to require reformation of the 
16.10 	resources available to persons with developmental disabilities.
16.11 	(e) (d) A local system needs plan shall be amended anytime recommendations for 
16.12 	modifications to existing ICF/DD services are made to the host county, including 
16.13 	recommendations for:
16.14 	(1) closure;
16.15 	(2) relocation of services;
16.16 	(3) downsizing; or
16.17 	(4) modification of existing services for which a change in the framework of service 
16.18 	delivery is advocated.

16.19 	Sec. 10. Minnesota Statutes 2022, section 252.282, is amended by adding a subdivision 
16.20 	to read:
16.21 		Subd. 1a.Definitions. (a) For purposes of this section, the terms in this subdivision have 
16.22 	the meanings given.
16.23 	(b) "Local system needs planning" means the determination of need for ICF/DD services 
16.24 	by program type, location, demographics, and size of licensed services for persons with 
16.25 	developmental disabilities or related conditions.
16.26 	(c) "Related condition" has the meaning given in section 256B.02, subdivision 11.

16.27 	Sec. 11. Minnesota Statutes 2022, section 256B.02, subdivision 11, is amended to read:
16.28 		Subd. 11.Related condition. "Related condition" means that condition defined in section 
16.29 	252.27, subdivision 1a a condition:
17.1 	(1) that is found to be closely related to a developmental disability, including but not 
17.2 	limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi 
17.3 	syndrome; and
17.4 	(2) that meets all of the following criteria:
17.5 	(i) is severe and chronic;
17.6 	(ii) results in impairment of general intellectual functioning or adaptive behavior similar 
17.7 	to that of persons with developmental disabilities;
17.8 	(iii) requires treatment or services similar to those required for persons with 
17.9 	developmental disabilities;
17.10 	(iv) is manifested before the person reaches 22 years of age;
17.11 	(v) is likely to continue indefinitely;
17.12 	(vi) results in substantial functional limitations in three or more of the following areas 
17.13 	of major life activity:
17.14 	(A) self-care;
17.15 	(B) understanding and use of language;
17.16 	(C) learning;
17.17 	(D) mobility;
17.18 	(E) self-direction; or
17.19 	(F) capacity for independent living; and
17.20 	(vii) is not attributable to mental illness as defined in section 245.462, subdivision 20, 
17.21 	or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes 
17.22 	of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, 
17.23 	"mental illness" does not include autism or other pervasive developmental disorders.

17.24 	Sec. 12. Minnesota Statutes 2023 Supplement, section 256B.073, subdivision 3, is amended 
17.25 	to read:
17.26 		Subd. 3.Requirements. (a) In developing implementation requirements for electronic 
17.27 	visit verification, the commissioner shall ensure that the requirements:
17.28 	(1) are minimally administratively and financially burdensome to a provider;
17.29 	(2) are minimally burdensome to the service recipient and the least disruptive to the 
17.30 	service recipient in receiving and maintaining allowed services;
18.1 	(3) consider existing best practices and use of electronic visit verification;
18.2 	(4) are conducted according to all state and federal laws;
18.3 	(5) are effective methods for preventing fraud when balanced against the requirements 
18.4 	of clauses (1) and (2); and
18.5 	(6) are consistent with the Department of Human Services' policies related to covered 
18.6 	services, flexibility of service use, and quality assurance.
18.7 	(b) The commissioner shall make training available to providers on the electronic visit 
18.8 	verification system requirements.
18.9 	(c) The commissioner shall establish baseline measurements related to preventing fraud 
18.10 	and establish measures to determine the effect of electronic visit verification requirements 
18.11 	on program integrity.
18.12 	(d) The commissioner shall make a state-selected electronic visit verification system 
18.13 	available to providers of services.
18.14 	(e) The commissioner shall make available and publish on the agency website the name 
18.15 	and contact information for the vendor of the state-selected electronic visit verification 
18.16 	system and the other vendors that offer alternative electronic visit verification systems. The 
18.17 	information provided must state that the state-selected electronic visit verification system 
18.18 	is offered at no cost to the provider of services and that the provider may choose an alternative 
18.19 	system that may be at a cost to the provider.
18.20 	(f) The commissioner must make data access through direct electronic means available 
18.21 	to all vendors of electronic visit verification systems offered in the state. The commissioner 
18.22 	must make the data available to the same extent and on the same terms to all vendors, 
18.23 	regardless of whether the vendor is providing the state-selected electronic verification system 
18.24 	or providing an alternative system at a cost to the provider.

18.25 	Sec. 13. Minnesota Statutes 2022, section 256B.073, subdivision 4, is amended to read:
18.26 		Subd. 4.Provider requirements. (a) A provider of services may select any electronic 
18.27 	visit verification system that meets the requirements established by the commissioner.
18.28 	(b) All electronic visit verification systems used by providers to comply with the 
18.29 	requirements established by the commissioner must provide data to the commissioner in a 
18.30 	format and at a frequency to be established by the commissioner.
18.31 	(c) Providers must implement the electronic visit verification systems required under 
18.32 	this section by a date established by the commissioner to be set after the state-selected 
19.1 	electronic visit verification systems for personal care services and home health services are 
19.2 	in production. For purposes of this paragraph, "personal care services" and "home health 
19.3 	services" have the meanings given in United States Code, title 42, section 1396b(l)(5). 
19.4 	Reimbursement rates for providers must not be reduced as a result of federal action to reduce 
19.5 	the federal medical assistance percentage under the 21st Century Cures Act, Public Law 
19.6 	114-255.
19.7 	(d) For services provided in the service provider's own home, a service provider may 
19.8 	electronically document the services on a weekly basis provided the documentation contains 
19.9 	the elements listed under subdivision 2, paragraph (b), clauses (1) to (6).

19.10 	Sec. 14. Minnesota Statutes 2022, section 256B.0911, subdivision 12, is amended to read:
19.11 		Subd. 12.Exception to use of MnCHOICES assessment; contracted assessors. (a)
19.12 	A lead agency that has not implemented MnCHOICES assessments and uses contracted 
19.13 	assessors as of January 1, 2022, is not subject to the requirements of subdivisions 11, clauses 
19.14 	(7) to (9); 13; 14, paragraphs (a) to (c); 16 to 21; 23; 24; and 29 to 31.
19.15 	(b) This subdivision expires upon statewide implementation of MnCHOICES assessments. 
19.16 	The commissioner shall notify the revisor of statutes when statewide implementation has 
19.17 	occurred.

19.18 	Sec. 15. Minnesota Statutes 2023 Supplement, section 256B.0911, subdivision 13, is 
19.19 	amended to read:
19.20 		Subd. 13.MnCHOICES assessor qualifications, training, and certification. (a) The 
19.21 	commissioner shall develop and implement a curriculum and an assessor certification 
19.22 	process.
19.23 	(b) MnCHOICES certified assessors must:
19.24 	(1) either have a bachelor's degree in social work, nursing with a public health nursing 
19.25 	certificate, or other closely related field or be a registered nurse with at least two years of 
19.26 	home and community-based experience; and
19.27 	(2) have received training and certification specific to assessment and consultation for 
19.28 	long-term care services in the state.
19.29 	(c) Certified assessors shall demonstrate best practices in assessment and support 
19.30 	planning, including person-centered planning principles, and have a common set of skills 
19.31 	that ensures consistency and equitable access to services statewide.
20.1 	(d) Certified assessors must be recertified every three years.

20.2 	EFFECTIVE DATE. This section is effective July 1, 2024.

20.3 	Sec. 16. Minnesota Statutes 2022, section 256B.0911, subdivision 17, is amended to read:
20.4 		Subd. 17.MnCHOICES assessments. (a) A person requesting long-term care 
20.5 	consultation services must be visited by a long-term care consultation team within 20 
20.6 	calendar working days after the date on which an assessment was requested or recommended. 
20.7 	Assessments must be conducted according to this subdivision and subdivisions 19 to 21, 
20.8 	23, 24, and 29 to 31.
20.9 	(b) Lead agencies shall use certified assessors to conduct the assessment.
20.10 	(c) For a person with complex health care needs, a public health or registered nurse from 
20.11 	the team must be consulted.
20.12 	(d) The lead agency must use the MnCHOICES assessment provided by the commissioner 
20.13 	to complete a comprehensive, conversation-based, person-centered assessment. The 
20.14 	assessment must include the health, psychological, functional, environmental, and social 
20.15 	needs of the individual necessary to develop a person-centered assessment summary that 
20.16 	meets the individual's needs and preferences.
20.17 	(e) Except as provided in subdivision 24, an assessment must be conducted by a certified 
20.18 	assessor in an in-person conversational interview with the person being assessed.

20.19 	Sec. 17. Minnesota Statutes 2022, section 256B.0911, subdivision 20, is amended to read:
20.20 		Subd. 20.MnCHOICES assessments; duration of validity. (a) An assessment that is 
20.21 	completed as part of an eligibility determination for multiple programs for the alternative 
20.22 	care, elderly waiver, developmental disabilities, community access for disability inclusion, 
20.23 	community alternative care, and brain injury waiver programs under chapter 256S and 
20.24 	sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no 
20.25 	more than 60 calendar 365 days after the date of the assessment.
20.26 	(b) The effective eligibility start date for programs in paragraph (a) can never be prior 
20.27 	to the date of assessment. If an assessment was completed more than 60 days before the 
20.28 	effective waiver or alternative care program eligibility start date, assessment and support 
20.29 	plan information must be updated and documented in the department's Medicaid Management 
20.30 	Information System (MMIS). Notwithstanding retroactive medical assistance coverage of 
20.31 	state plan services, the effective date of eligibility for programs included in paragraph (a) 
20.32 	cannot be prior to the completion date of the most recent updated assessment.
21.1 	(c) If an eligibility update is completed within 90 days of the previous assessment and 
21.2 	documented in the department's Medicaid Management Information System (MMIS), the 
21.3 	effective date of eligibility for programs included in paragraph (a) is the date of the previous 
21.4 	in-person assessment when all other eligibility requirements are met.

21.5 	EFFECTIVE DATE. This section is effective July 1, 2025.

21.6 	Sec. 18. Minnesota Statutes 2022, section 256B.0924, subdivision 3, is amended to read:
21.7 		Subd. 3.Eligibility. Persons are eligible to receive targeted case management services 
21.8 	under this section if the requirements in paragraphs (a) and (b) are met.
21.9 	(a) The person must be assessed and determined by the local county agency to:
21.10 	(1) be age 18 or older;
21.11 	(2) be receiving medical assistance;
21.12 	(3) have significant functional limitations; and
21.13 	(4) be in need of service coordination to attain or maintain living in an integrated 
21.14 	community setting.
21.15 	(b) The person must be a vulnerable adult in need of adult protection as defined in section 
21.16 	626.5572, or is an adult with a developmental disability as defined in section 252A.02, 
21.17 	subdivision 2, or a related condition as defined in section 252.27, subdivision 1a 256B.02, 
21.18 	subdivision 11, and is not receiving home and community-based waiver services, or is an 
21.19 	adult who lacks a permanent residence and who has been without a permanent residence 
21.20 	for at least one year or on at least four occasions in the last three years.

21.21 	Sec. 19. Minnesota Statutes 2022, section 256B.49, subdivision 16, is amended to read:
21.22 		Subd. 16.Services and supports. (a) Services and supports included in the home and 
21.23 	community-based waivers for persons with disabilities must meet the requirements set out 
21.24 	in United States Code, title 42, section 1396n. The services and supports, which are offered 
21.25 	as alternatives to institutional care, must promote consumer choice, community inclusion, 
21.26 	self-sufficiency, and self-determination.
21.27 	(b) The commissioner must simplify and improve access to home and community-based 
21.28 	waivered waiver services, to the extent possible, through the establishment of a common 
21.29 	service menu that is available to eligible recipients regardless of age, disability type, or 
21.30 	waiver program.
22.1 	(c) Consumer-directed community supports must be offered as an option to all persons 
22.2 	eligible for services under subdivision 11.
22.3 	(d) Services and supports must be arranged and provided consistent with individualized 
22.4 	written plans of care for eligible waiver recipients.
22.5 	(e) A transitional supports allowance must be available to all persons under a home and 
22.6 	community-based waiver who are moving from a licensed setting to a community setting. 
22.7 	"Transitional supports allowance" means a onetime payment of up to $3,000, to cover the 
22.8 	costs, not covered by other sources, associated with moving from a licensed setting to a 
22.9 	community setting. Covered costs include:
22.10 	(1) lease or rent deposits;
22.11 	(2) security deposits;
22.12 	(3) utilities setup costs, including telephone;
22.13 	(4) essential furnishings and supplies; and
22.14 	(5) personal supports and transports needed to locate and transition to community settings.
22.15 	(f) (e) The state of Minnesota and county agencies that administer home and 
22.16 	community-based waivered waiver services for persons with disabilities must not be liable 
22.17 	for damages, injuries, or liabilities sustained through the purchase of supports by the 
22.18 	individual, the individual's family, legal representative, or the authorized representative 
22.19 	with funds received through consumer-directed community supports under this section. 
22.20 	Liabilities include but are not limited to workers' compensation liability, the Federal Insurance 
22.21 	Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA).

22.22 	EFFECTIVE DATE. This section is effective January 1, 2025.

22.23 	Sec. 20. Minnesota Statutes 2022, section 256B.4911, is amended by adding a subdivision 
22.24 	to read:
22.25 		Subd. 7.Budget procedures. When a lead agency authorizes or reauthorizes 
22.26 	consumer-directed community supports services for a home and community-based services 
22.27 	waiver participant, the lead agency must provide to the waiver participant and the waiver 
22.28 	participant's legal representative the following information in an accessible format and in 
22.29 	a manner that meets the participant's needs:
22.30 	(1) an explanation of how the participant's consumer-directed community supports 
22.31 	services budget was calculated, including a detailed explanation of the variables used in the 
22.32 	budget formula;
23.1 	(2) a copy of the formula used to calculate the participant's consumer-directed community 
23.2 	supports services budget; and
23.3 	(3) information about the participant's right to appeal the consumer-directed community 
23.4 	supports services budget in accordance with sections 256.045 and 256.0451.

23.5 	Sec. 21. Minnesota Statutes 2022, section 256B.4911, is amended by adding a subdivision 
23.6 	to read:
23.7 		Subd. 8.Consumer-directed community supports policy. Policies governing the 
23.8 	consumer-directed community supports program must be created solely by the commissioner. 
23.9 	Lead agencies must not create or implement any policies that are in addition to or inconsistent 
23.10 	with policies created by the commissioner or federal or state laws. Any handbooks, 
23.11 	procedures, or other guidance documents maintained by a lead agency do not have the force 
23.12 	or effect of law, and must not be given deference if introduced in a state fair hearing 
23.13 	conducted under sections 256.045 and 256.0451.

23.14 	Sec. 22. Minnesota Statutes 2023 Supplement, section 256B.4914, subdivision 10d, is 
23.15 	amended to read:
23.16 		Subd. 10d.Direct care staff; compensation. (a) A provider paid with rates determined 
23.17 	under subdivision 6 must use a minimum of 66 percent of the revenue generated by rates 
23.18 	determined under that subdivision for direct care staff compensation and technology costs.
23.19 	(b) A provider paid with rates determined under subdivision 7 must use a minimum of 
23.20 	45 percent of the revenue generated by rates determined under that subdivision for direct 
23.21 	care staff compensation and technology costs.
23.22 	(c) A provider paid with rates determined under subdivision 8 or 9 must use a minimum 
23.23 	of 60 percent of the revenue generated by rates determined under those subdivisions for 
23.24 	direct care staff compensation and technology costs.
23.25 	(d) Compensation under this subdivision includes:
23.26 	(1) wages;
23.27 	(2) taxes and workers' compensation;
23.28 	(3) health insurance;
23.29 	(4) dental insurance;
23.30 	(5) vision insurance;
24.1 	(6) life insurance;
24.2 	(7) short-term disability insurance;
24.3 	(8) long-term disability insurance;
24.4 	(9) retirement spending;
24.5 	(10) tuition reimbursement;
24.6 	(11) wellness programs;
24.7 	(12) paid vacation time;
24.8 	(13) paid sick time; or
24.9 	(14) other items of monetary value provided to direct care staff.
24.10 	(e) Technology costs under this subdivision include:
24.11 	(1) costs related to providing remote support, including payments made to third-party 
24.12 	vendors; or
24.13 	(2) costs of technology to support individuals remotely.

24.14 	Sec. 23. Minnesota Statutes 2022, section 256B.77, subdivision 7a, is amended to read:
24.15 		Subd. 7a.Eligible individuals. (a) Persons are eligible for the demonstration project as 
24.16 	provided in this subdivision.
24.17 	(b) "Eligible individuals" means those persons living in the demonstration site who are 
24.18 	eligible for medical assistance and are disabled based on a disability determination under 
24.19 	section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and 
24.20 	have been diagnosed as having:
24.21 	(1) serious and persistent mental illness as defined in section 245.462, subdivision 20;
24.22 	(2) severe emotional disturbance as defined in section 245.4871, subdivision 6; or
24.23 	(3) developmental disability, or being a person with a developmental disability as defined 
24.24 	in section 252A.02, or a related condition as defined in section 252.27, subdivision 1a
24.25 	256B.02, subdivision 11.
24.26 	Other individuals may be included at the option of the county authority based on agreement 
24.27 	with the commissioner.
24.28 	(c) Eligible individuals include individuals in excluded time status, as defined in chapter 
24.29 	256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time 
25.1 	status as long as they live in the demonstration site and shall be eligible for 90 days after 
25.2 	placement outside the demonstration site if they move to excluded time status in a county 
25.3 	within Minnesota other than their county of financial responsibility.
25.4 	(d) A person who is a sexual psychopathic personality as defined in section 253D.02, 
25.5 	subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision 
25.6 	16, is excluded from enrollment in the demonstration project.

25.7 	Sec. 24. Minnesota Statutes 2023 Supplement, section 270B.14, subdivision 1, is amended 
25.8 	to read:
25.9 		Subdivision 1.Disclosure to commissioner of human services. (a) On the request of 
25.10 	the commissioner of human services, the commissioner shall disclose return information 
25.11 	regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the 
25.12 	extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
25.13 	(b) Data that may be disclosed are limited to data relating to the identity, whereabouts, 
25.14 	employment, income, and property of a person owing or alleged to be owing an obligation 
25.15 	of child support.
25.16 	(c) The commissioner of human services may request data only for the purposes of 
25.17 	carrying out the child support enforcement program and to assist in the location of parents 
25.18 	who have, or appear to have, deserted their children. Data received may be used only as set 
25.19 	forth in section 256.978.
25.20 	(d) The commissioner shall provide the records and information necessary to administer 
25.21 	the supplemental housing allowance to the commissioner of human services.
25.22 	(e) At the request of the commissioner of human services, the commissioner of revenue 
25.23 	shall electronically match the Social Security or individual taxpayer identification numbers 
25.24 	and names of participants in the telephone assistance plan operated under sections 237.69
25.25 	to 237.71, with those of property tax refund filers under chapter 290A or renter's credit filers 
25.26 	under section 290.0693, and determine whether each participant's household income is 
25.27 	within the eligibility standards for the telephone assistance plan.
25.28 	(f) The commissioner may provide records and information collected under sections 
25.29 	295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 
25.30 	Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 
25.31 	102-234. Upon the written agreement by the United States Department of Health and Human 
25.32 	Services to maintain the confidentiality of the data, the commissioner may provide records 
25.33 	and information collected under sections 295.50 to 295.59 to the Centers for Medicare and 
26.1 	Medicaid Services section of the United States Department of Health and Human Services 
26.2 	for purposes of meeting federal reporting requirements.
26.3 	(g) The commissioner may provide records and information to the commissioner of 
26.4 	human services as necessary to administer the early refund of refundable tax credits.
26.5 	(h) The commissioner may disclose information to the commissioner of human services 
26.6 	as necessary for income verification for eligibility and premium payment under the 
26.7 	MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical 
26.8 	assistance program under chapter 256B.
26.9 	(i) The commissioner may disclose information to the commissioner of human services 
26.10 	necessary to verify whether applicants or recipients for the Minnesota family investment 
26.11 	program, general assistance, the Supplemental Nutrition Assistance Program (SNAP), 
26.12 	Minnesota supplemental aid program, and child care assistance have claimed refundable 
26.13 	tax credits under chapter 290 and the property tax refund under chapter 290A, and the 
26.14 	amounts of the credits.
26.15 	(j) The commissioner may disclose information to the commissioner of human services 
26.16 	necessary to verify income for purposes of calculating parental contribution amounts under 
26.17 	section 252.27, subdivision 2a.
26.18 	(k) (j) At the request of the commissioner of human services and when authorized in 
26.19 	writing by the taxpayer, the commissioner of revenue may match the business legal name 
26.20 	or individual legal name, and the Minnesota tax identification number, federal Employer 
26.21 	Identification Number, or Social Security number of the applicant under section 245A.04, 
26.22 	subdivision 1; 245I.20; or 245H.03; or license or certification holder. The commissioner of 
26.23 	revenue may share the matching with the commissioner of human services. The matching 
26.24 	may only be used by the commissioner of human services to determine eligibility for provider 
26.25 	grant programs and to facilitate the regulatory oversight of license and certification holders 
26.26 	as it relates to ownership and public funds program integrity. This paragraph applies only 
26.27 	if the commissioner of human services and the commissioner of revenue enter into an 
26.28 	interagency agreement for the purposes of this paragraph.

26.29 	Sec. 25. Minnesota Statutes 2022, section 447.42, subdivision 1, is amended to read:
26.30 		Subdivision 1.Establishment. Notwithstanding any provision of Minnesota Statutes 
26.31 	to the contrary, any city, county, town, or nonprofit corporation approved by the 
26.32 	commissioner of human services, or any combination of them may establish and operate a 
27.1 	community residential facility for persons with developmental disabilities or related 
27.2 	conditions, as defined in section 252.27, subdivision 1a 256B.02, subdivision 11.

27.3 	Sec. 26. Laws 2021, First Special Session chapter 7, article 13, section 68, is amended to 
27.4 	read:
27.5 	Sec. 68. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; 
27.6 	DIRECT CARE SERVICES DURING SHORT-TERM ACUTE HOSPITAL VISITS.
 27.7 	The commissioner of human services, in consultation with stakeholders, shall develop 
27.8 	a new covered state plan service under Minnesota Statutes, chapter 256B, or develop 
27.9 	modifications to existing covered state plan services, that permits receipt of direct care 
27.10 	services in an acute care hospital in a manner consistent with the requirements of for people 
27.11 	eligible for home care services as identified in Minnesota Statutes, section 256B.0651, and 
27.12 	community first services and supports as identified in Minnesota Statutes, section 256B.85, 
27.13 	for the purposes of support during acute care hospital stays, as authorized under United 
27.14 	States Code, title 42, section 1396a(h). By August 31, 2022 January 1, 2025, the 
27.15 	commissioner must provide to the chairs and ranking minority members of the house of 
27.16 	representatives and senate committees and divisions with jurisdiction over direct care services 
27.17 	any draft legislation as may be necessary to implement the new or modified covered state 
27.18 	plan service.

27.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

27.20 	Sec. 27. Laws 2023, chapter 61, article 1, section 59, subdivision 2, is amended to read:
27.21 		Subd. 2.Eligibility. An eligible applicant for the capacity grants under subdivision 1 is 
27.22 	an organization or provider that serves, or will serve, rural or underserved communities 
27.23 	and:
27.24 	(1) provides, or will provide, home and community-based services in the state; or
27.25 	(2) serves, or will serve, as a connector for communities to available home and 
27.26 	community-based services; or
27.27 	(3) conducts culturally specific outreach and education campaigns targeting existing 
27.28 	providers that might more appropriately serve their clients under a different home and 
27.29 	community-based services program or license.

28.1 	Sec. 28. Laws 2023, chapter 61, article 1, section 59, subdivision 3, is amended to read:
28.2 		Subd. 3.Allowable grant activities.  Grants under this section must be used by recipients 
28.3 	for the following activities:
28.4 	(1) expanding existing services;
28.5 	(2) increasing access in rural or underserved areas;
28.6 	(3) creating new home and community-based organizations;
28.7 	(4) connecting underserved communities to benefits and available services; or
28.8 	(5) building new or expanded infrastructure to access medical assistance reimbursement; 
28.9 	or
28.10 	(6) conducting culturally specific outreach and education campaigns targeting existing 
28.11 	providers that might more appropriately serve their clients under a different home and 
28.12 	community-based services program or license.

28.13 	Sec. 29. Laws 2023, chapter 61, article 1, section 60, subdivision 1, is amended to read:
28.14 		Subdivision 1.Definition. "New American" means an individual born abroad and the 
28.15 	individual's children, irrespective of immigration status.

28.16 	Sec. 30. Laws 2023, chapter 61, article 1, section 60, subdivision 2, is amended to read:
28.17 		Subd. 2.Grant program established. The commissioner of human services shall 
28.18 	establish a new American legal, social services, and long-term care workforce grant program 
28.19 	for organizations that serve and support new Americans:
28.20 	(1) in seeking or maintaining legal or citizenship status to legally obtain or retain and 
28.21 	obtaining or retaining legal authorization for employment in the United States in any field 
28.22 	or industry; or
28.23 	(2) to provide specialized services and supports to new Americans to enter the long-term 
28.24 	care workforce.

28.25 	Sec. 31. ADVISORY TASK FORCE ON FAMILY RESIDENTIAL SERVICES.
 28.26 		Subdivision 1.Establishment; purpose. The Advisory Task Force on Family Residential 
28.27 	Services is established to evaluate pending family residential services rate modifications 
28.28 	and the impact any pending payment methodology would have on existing family residential 
28.29 	services and licensed adult family foster care providers.
29.1 		Subd. 2.Membership. (a) The Advisory Task Force on Family Residential Services 
29.2 	must consist of the members appointed as follows:
29.3 	(1) two licensed adult family foster care providers, appointed by the commissioner of 
29.4 	human services;
29.5 	(2) two licensed adult family foster care providers, appointed by ARRM;
29.6 	(3) one member representing the Department of Human Services who has experience 
29.7 	with adult family foster care providers and family residential services, appointed by the 
29.8 	commissioner of human services;
29.9 	(4) one additional member representing the Department of Human Services who has 
29.10 	experience with disability waiver rate setting, appointed by the commissioner of human 
29.11 	services;
29.12 	(5) one member representing lead agencies, appointed by the Association of Minnesota 
29.13 	Counties;
29.14 	(6) one member representing ARRM, appointed by ARRM;
29.15 	(7) one person receiving family residential services; and
29.16 	(8) one person receiving life sharing services.
29.17 	(b) Appointments must be made no later than September 1, 2024.
29.18 	(c) Notwithstanding Minnesota Statutes, section 15.059, subdivision 6, member 
29.19 	compensation and reimbursement for expenses are governed by Minnesota Statutes, section 
29.20 	15.059, subdivision 3.
29.21 		Subd. 3.Meetings. (a) The commissioner of human services must convene the first 
29.22 	meeting of the advisory task force no later than October 1, 2024.
29.23 	(b) Advisory task force meetings are subject to the Minnesota Open Meeting Law under 
29.24 	Minnesota Statutes, chapter 13D.
29.25 	(c) Advisory task force meetings must be conducted by telephone or interactive 
29.26 	technology according to Minnesota Statutes, section 13D.015.
29.27 		Subd. 4.Administrative support. (a) The commissioner of human services must provide 
29.28 	administrative support and staff assistance for the advisory task force.
29.29 	(b) The commissioner of human services must provide the advisory task force with data, 
29.30 	fiscal estimates, rate models, draft waiver amendments, implementation updates, estimated 
30.1 	impacts, and other information the advisory task force requires to fulfill its duties under 
30.2 	subdivisions 5 and 6.
30.3 		Subd. 5.Duties. (a) Prior to issuing the report required under subdivision 6, paragraph 
30.4 	(a), the advisory task force must evaluate multiple family residential service rate models 
30.5 	and the impact the proposed rate models would have on family residential services and adult 
30.6 	family foster care providers. The evaluations must include:
30.7 	(1) case studies demonstrating rate changes adult family foster care providers would 
30.8 	experience under each rate model;
30.9 	(2) an estimate of the median rate change family residential services adult family foster 
30.10 	care providers will experience under each model;
30.11 	(3) the number of adult family foster care providers operating in Minnesota; and
30.12 	(4) the number of individuals receiving family residential services from licensed adult 
30.13 	family foster care providers.
30.14 	(b) Prior to issuing the report required under subdivision 6, paragraph (b), the advisory 
30.15 	task force must monitor the development and implementation of the family residential 
30.16 	service rate methodology and the impact of the rate methodology on family residential 
30.17 	services and adult family foster care providers.
30.18 		Subd. 6.Reports. (a) No later than March 15, 2025, the advisory task force must submit 
30.19 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
30.20 	over licensed adult foster care providers and family residential services reimbursement rates 
30.21 	a written report that includes recommendations on:
30.22 	(1) a payment rate methodology for family residential services;
30.23 	(2) a payment rate methodology for life sharing services;
30.24 	(3) any additional recommended changes to family residential services and life sharing 
30.25 	services;
30.26 	(4) any legislative language required to implement the recommendations of the advisory 
30.27 	task force; and
30.28 	(5) any legislative modifications to the duties or authorities of the advisory task force 
30.29 	required to adequately monitor the implementation of new rates for family residential 
30.30 	services and life sharing services.
30.31 	(b) No later than June 30, 2027, the advisory task force must submit to the chairs and 
30.32 	ranking minority members of the legislative committees with jurisdiction over licensed 
31.1 	adult foster care providers and family residential services reimbursement rates a written 
31.2 	report that includes an assessment of the development and implementation of the family 
31.3 	residential service rate methodology and the impact of the rate methodology on family 
31.4 	residential services and adult family foster care providers.
31.5 		Subd. 7.Expiration. The advisory task force expires June 30, 2027.

31.6 	EFFECTIVE DATE. This section is effective July 1, 2024.

31.7 	Sec. 32. ASSISTIVE TECHNOLOGY LEAD AGENCY PARTNERSHIPS.
 31.8 	(a) Lead agencies may establish partnerships with enrolled medical assistance providers 
31.9 	of home and community-based services under Minnesota Statutes, section 256B.0913, 
31.10 	256B.092, 256B.093, or 256B.49, or Minnesota Statutes, chapter 256S, to evaluate the 
31.11 	benefits of informed choice in accessing the following existing assistive technology home 
31.12 	and community-based waiver services:
31.13 	(1) assistive technology;
31.14 	(2) specialized equipment and supplies;
31.15 	(3) environmental accessibility adaptations; and
31.16 	(4) 24-hour emergency assistance.
31.17 	(b) Lead agencies may identify eligible individuals who desire to participate in the 
31.18 	partnership authorized by this section using existing home and community-based waiver 
31.19 	criteria under Minnesota Statutes, chapters 256B and 256S.
31.20 	(c) Lead agencies must ensure individuals who choose to participate have informed 
31.21 	choice in accessing the services and must adhere to conflict-free case management 
31.22 	requirements.
31.23 	(d) Lead agencies may identify efficiencies for service authorizations, provide 
31.24 	evidence-based cost data and quality analysis to the commissioner, and collect feedback on 
31.25 	the use of technology systems from home and community-based waiver services recipients, 
31.26 	family caregivers, and any other interested community partners.

31.27 	Sec. 33. DIRECTION TO COMMISSIONER; CONSUMER-DIRECTED 
31.28 	COMMUNITY SUPPORTS.
 31.29 	By December 31, 2024, the commissioner of human services shall seek any necessary 
31.30 	changes to home and community-based services waiver plans regarding consumer-directed 
31.31 	community supports in order to:
32.1 	(1) clarify that allowable goods and services for a consumer-directed community supports 
32.2 	participant do not need to be for the sole benefit of the participant, and that goods and 
32.3 	services may benefit others if there is also a direct benefit to the participant based on the 
32.4 	participant's assessed needs;
32.5 	(2) clarify that goods or services that support the participant's assessed needs for 
32.6 	community integration and inclusion are allowable under the consumer-directed community 
32.7 	supports program;
32.8 	(3) clarify that the rate authorized for services approved under the consumer-directed 
32.9 	community supports personal assistance category may exceed the reasonable range of similar 
32.10 	services in the participant's community if the participant has an assessed need for an enhanced 
32.11 	rate; and
32.12 	(4) clarify that a participant's spouse or a parent of a minor participant, as defined in the 
32.13 	waiver plans, may be paid for consumer-directed community support services at a rate that 
32.14 	exceeds that which would otherwise be paid to a provider of a similar service or that exceeds 
32.15 	what is allowed by the commissioner for the payment of personal care assistance services 
32.16 	if the participant has an assessed need for an enhanced rate.

32.17 	Sec. 34. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; 
32.18 	REIMBURSEMENT FOR PERSONAL CARE ASSISTANTS AND 
32.19 	COMMUNITY-FIRST SERVICES AND SUPPORTS WORKERS.
 32.20 	By January 1, 2025, the commissioner of human services shall provide draft legislation 
32.21 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
32.22 	over human services finance proposing the statutory changes needed to permit reimbursement 
32.23 	of personal care assistants and support workers to provide:
32.24 	(1) up to eight hours of overtime per week per worker beyond the current maximum 
32.25 	number of reimbursable hours per month;
32.26 	(2) asleep overnight and awake overnight staffing in the same manner as direct support 
32.27 	professionals under the brain injury waiver, community alternative care waiver, community 
32.28 	access for disability inclusion waiver, and developmental disabilities waiver; and
32.29 	(3) services in shifts of up to 80 consecutive hours when otherwise compliant with federal 
32.30 	and state labor laws.

32.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

33.1 	Sec. 35. DISABILITY HOME AND COMMUNITY-BASED SERVICES 
33.2 	REIMBURSEMENT IN ACUTE CARE HOSPITAL STAYS.
 33.3 	(a) The commissioner of human services must seek approval to amend Minnesota's 
33.4 	federally approved disability waiver plans under Minnesota Statutes, sections 256B.092 
33.5 	and 256B.49, to reimburse for delivery of unit-based services under Minnesota Statutes, 
33.6 	section 256B.4914, in acute care hospital settings, as authorized under United States Code, 
33.7 	title 42, section 1396a(h).
33.8 	(b) Reimbursed services must:
33.9 	(1) be identified in an individual's person-centered support plan as required under 
33.10 	Minnesota Statutes, section 256B.0911;
33.11 	(2) be provided to meet the needs of the person that are not met through the provision 
33.12 	of hospital services;
33.13 	(3) not substitute services that the hospital is obligated to provide as required under state 
33.14 	and federal law; and
33.15 	(4) be designed to ensure smooth transitions between acute care settings and home and 
33.16 	community-based settings and to preserve the person's functional abilities.

33.17 	EFFECTIVE DATE. Paragraph (b) is effective January 1, 2025, or upon federal 
33.18 	approval, whichever is later. The commissioner of human services shall notify the revisor 
33.19 	of statutes when federal approval is obtained.

33.20 	Sec. 36. DISABILITY SERVICES CONTINUOUS IMPROVEMENT STUDY; 
33.21 	DIRECTION TO COMMISSIONER.
 33.22 	(a) By August 1, 2024, the commissioner of human services shall issue a request for 
33.23 	proposals for the design, implementation, and administration of a continuous improvement 
33.24 	study of access to disability services.
33.25 	(b) The continuous improvement study must assess access to the range of disability 
33.26 	services programs:
33.27 	(1) in metropolitan, suburban, and rural counties; and
33.28 	(2) by non-English-speaking communities and by various populations, including but not 
33.29 	limited to Black, Indigenous, and People of Color.
34.1 	(c) To be eligible to respond to the request for proposals, an entity must demonstrate 
34.2 	that it has worked successfully with other organizations on continuous improvement studies 
34.3 	and journey mapping of processes from beginning to end.
34.4 	(d) In developing the request for proposals, the commissioner shall consult with disability 
34.5 	services providers, county human services agencies, disability advocacy organizations, and 
34.6 	individuals with lived experience in accessing disability services.
34.7 	(e) The commissioner shall report the results of the continuous improvement study and 
34.8 	any recommendations to improve access to disability services to the chairs and ranking 
34.9 	minority members of the legislative committees with jurisdiction over disability services 
34.10 	by December 15, 2026.

34.11 	Sec. 37. ELECTRONIC VISIT VERIFICATION IMPLEMENTATION GRANT.
 34.12 		Subdivision 1.Establishment. The commissioner of human services must establish a 
34.13 	onetime grant program to assist home care service providers with a portion of the costs of 
34.14 	implementation of electronic visit verification.
34.15 		Subd. 2.Eligible grant recipients. Eligible grant recipients must:
34.16 	(1) be providers of home care services licensed under Minnesota Statutes, chapter 144A;
34.17 	(2) have an average daily census of at least 30 individuals; and
34.18 	(3) have an average daily census of medical assistance and MinnesotaCare enrollees of 
34.19 	20 percent or higher in the 12 months prior to application.
34.20 		Subd. 3.Allowable uses. Allowable uses of grant money include:
34.21 	(1) administrative implementation of an electronic visit verification system, including 
34.22 	but not limited to staff costs for loading patient information into the portal, programming, 
34.23 	and training staff;
34.24 	(2) electronic visit verification operations and maintenance, including but not limited 
34.25 	to staff costs for addressing system flaws related to geographical location and clocking in 
34.26 	and out;
34.27 	(3) purchase and monthly fees for an upgraded electronic visit verification system;
34.28 	(4) purchase of or reimbursement for cell phones and electronic tablets to be used by 
34.29 	staff and the monthly fee for the phone service; and
34.30 	(5) other activities approved by the commissioner.
35.1 		Subd. 4.Application for and distribution of grant money. In order to receive a grant 
35.2 	under this section, providers must apply to the commissioner by November 1, 2024. Grants 
35.3 	must be distributed no later than February 1, 2025. Grant amounts awarded to each approved 
35.4 	applicant must be determined by the total number of approved grantees and each approved 
35.5 	applicant's medical assistance and MinnesotaCare average daily census.
35.6 		Subd. 5.Expiration. This section expires June 30, 2026.

35.7 	Sec. 38. EMERGENCY RELIEF GRANTS FOR RURAL EARLY INTENSIVE 
35.8 	DEVELOPMENTAL AND BEHAVIORAL INTERVENTION PROVIDERS.
 35.9 		Subdivision 1.Establishment and purpose. (a) The commissioner of human services 
35.10 	shall award grants to financially distressed organizations that provide early intensive 
35.11 	developmental and behavioral intervention services to rural communities. For the purposes 
35.12 	of this section, "rural communities" means communities outside the metropolitan counties 
35.13 	listed in Minnesota Statutes, section 473.121, subdivision 4, and outside the cities of Duluth, 
35.14 	Mankato, Moorhead, Rochester, and St. Cloud.
35.15 	(b) The commissioner shall conduct community engagement, provide technical assistance, 
35.16 	and work with the commissioners of management and budget and administration to mitigate 
35.17 	barriers in accessing grant money.
35.18 	(c) The commissioner shall limit expenditures under this section to the amount 
35.19 	appropriated for this purpose.
35.20 		Subd. 2.Eligibility. (a) To be an eligible applicant for a grant under this section, a 
35.21 	provider of early intensive developmental and behavioral intervention services must submit 
35.22 	to the commissioner of human services a grant application in the form and according to the 
35.23 	timelines established by the commissioner.
35.24 	(b) In a grant application, an applicant must demonstrate that:
35.25 	(1) the total net income of the provider of early intensive developmental and behavioral 
35.26 	intervention services is not generating sufficient revenue to cover the provider's operating 
35.27 	expenses;
35.28 	(2) the provider is at risk of closure or ceasing to provide early intensive developmental 
35.29 	and behavioral intervention services; and
35.30 	(3) additional emergency operating revenue is necessary to preserve access to early 
35.31 	intensive developmental and behavioral intervention services within the rural community 
35.32 	the provider serves.
36.1 	(c) In a grant application, the applicant must make a request based on the information 
36.2 	submitted under paragraph (b) for the minimal funding amount sufficient to preserve access 
36.3 	to early intensive developmental and behavioral intervention services within the rural 
36.4 	community the provider serves.
36.5 		Subd. 3.Approving grants. The commissioner must evaluate all grant applications on 
36.6 	a competitive basis and award grants to successful applicants within available appropriations 
36.7 	for this purpose. The commissioner's decisions are final and not subject to appeal.

36.8 	Sec. 39. LEGISLATIVE TASK FORCE ON GUARDIANSHIP.
 36.9 		Subdivision 1.Membership. (a) The Legislative Task Force on Guardianship consists 
36.10 	of the following members:
36.11 	(1) one member of the house of representatives, appointed by the speaker of the house 
36.12 	of representatives;
36.13 	(2) one member of the house of representatives, appointed by the minority leader of the 
36.14 	house of representatives;
36.15 	(3) one member of the senate, appointed by the senate majority leader;
36.16 	(4) one member of the senate, appointed by the senate minority leader;
36.17 	(5) one judge who has experience working on guardianship cases, appointed by the chief 
36.18 	justice of the supreme court;
36.19 	(6) two individuals presently or formerly under guardianship or emergency guardianship, 
36.20 	appointed by the Minnesota Council on Disability;
36.21 	(7) one private, professional guardian, appointed by the Minnesota Council on Disability;
36.22 	(8) one private, nonprofessional guardian, appointed by the Minnesota Council on 
36.23 	Disability;
36.24 	(9) one representative of the Department of Human Services with knowledge of public 
36.25 	guardianship issues, appointed by the commissioner of human services;
36.26 	(10) one member appointed by the Minnesota Council on Disability;
36.27 	(11) two members of two different disability advocacy organizations, appointed by the 
36.28 	Minnesota Council on Disability;
36.29 	(12) one member of a professional or advocacy group representing the interests of the 
36.30 	guardian who has experience working in the judicial system on guardianship cases, appointed 
36.31 	by the Minnesota Council on Disability;
37.1 	(13) one member of a professional or advocacy group representing the interests of persons 
37.2 	subject to guardianship who has experience working in the judicial system on guardianship 
37.3 	cases, appointed by the Minnesota Council on Disability;
37.4 	(14) two members of two different advocacy groups representing the interests of older 
37.5 	Minnesotans who are or may find themselves subject to guardianship, appointed by the 
37.6 	Minnesota Council on Disability;
37.7 	(15) one employee acting as the Disability Systems Planner in the Center for Health 
37.8 	Equity at the Minnesota Department of Health, appointed by the commissioner of health;
37.9 	(16) one member appointed by the Minnesota Indian Affairs Council;
37.10 	(17) one member from the Commission of the Deaf, Deafblind, and Hard-of-Hearing, 
37.11 	appointed by the executive director of the commission;
37.12 	(18) one member of the Council on Developmental Disabilities, appointed by the 
37.13 	executive director of the council;
37.14 	(19) one employee from the Office of Ombudsman for Mental Health and Developmental 
37.15 	Disabilities, appointed by the ombudsman;
37.16 	(20) one employee from the Office of Ombudsman for Long Term Care, appointed by 
37.17 	the ombudsman;
37.18 	(21) one member appointed by the Minnesota Association of County Social Services 
37.19 	Administrators (MACSSA);
37.20 	(22) one employee from the Olmstead Implementation Office, appointed by the director 
37.21 	of the office; and
37.22 	(23) one member representing an organization dedicated to supported decision-making 
37.23 	alternatives to guardianship, appointed by the Minnesota Council on Disability.
37.24 	(b) Appointees to the task force must be named by each appointing authority by June 
37.25 	30, 2025. Appointments made by an agency or commissioner may also be made by a 
37.26 	designee.
37.27 	(c) The member from the Minnesota Council on Disability serves as chair of the task 
37.28 	force. The chair must designate a member to serve as secretary.
37.29 		Subd. 2.Meetings; administrative support. The first meeting of the task force must 
37.30 	be convened by the chair no later than September 1, 2025, if an appropriation is made by 
37.31 	that date for the task force. The task force must meet at least quarterly. Meetings are subject 
37.32 	to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive 
38.1 	technology consistent with Minnesota Statutes, section 13D.015. The Minnesota Council 
38.2 	on Disability shall provide meeting space and administrative and research support to the 
38.3 	task force.
38.4 		Subd. 3.Duties. (a) The task force must make recommendations to address concerns 
38.5 	and gaps related to guardianships and less restrictive alternatives to guardianships in 
38.6 	Minnesota, including but not limited to:
38.7 	(1) developing efforts to sustain and increase the number of qualified guardians;
38.8 	(2) increasing compensation for in forma pauperis (IFP) guardians by studying current 
38.9 	funding streams to develop approaches to ensure that the funding streams are consistent 
38.10 	across the state and sufficient to serve the needs of persons subject to guardianship;
38.11 	(3) securing ongoing funding for guardianships and less restrictive alternatives;
38.12 	(4) establishing guardian certification or licensure;
38.13 	(5) identifying standards of practice for guardians and options for providing education 
38.14 	to guardians on standards and less restrictive alternatives;
38.15 	(6) securing ongoing funding for the guardian and conservator administrative complaint 
38.16 	process;
38.17 	(7) identifying and understanding alternatives to guardianship whenever possible to meet 
38.18 	the needs of patients and the challenges of providers in the delivery of health care, behavioral 
38.19 	health care, and residential and home-based care services;
38.20 	(8) expanding supported decision-making alternatives to guardianships and 
38.21 	conservatorships;
38.22 	(9) reducing the removal of civil rights when appointing a guardian, including by ensuring 
38.23 	guardianship is only used as a last resort; and
38.24 	(10) identifying ways to preserve and to maximize the civil rights of the person, including 
38.25 	due process considerations.
38.26 	(b) The task force must seek input from the public, the judiciary, people subject to 
38.27 	guardianship, guardians, advocacy groups, and attorneys. The task force must hold hearings 
38.28 	to gather information to fulfill the purpose of the task force.
38.29 		Subd. 4.Compensation; expenses. Members of the task force may receive compensation 
38.30 	and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision 
38.31 	3.
39.1 		Subd. 5.Report; expiration. The task force shall submit a report to the chairs and 
39.2 	ranking minority members of the legislative committees with jurisdiction over guardianship 
39.3 	issues no later than January 15, 2027. The report must describe any concerns about the 
39.4 	current guardianship system identified by the task force and recommend policy options to 
39.5 	address those concerns and to promote less restrictive alternatives to guardianship. The 
39.6 	report must include draft legislation to implement recommended policy.
39.7 		Subd. 6.Expiration. The task force expires upon submission of its report, or January 
39.8 	16, 2027, whichever is earlier.

39.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

39.10 	Sec. 40. OWN HOME SERVICES PROVIDER CAPACITY-BUILDING GRANTS.
 39.11 		Subdivision 1.Establishment. The commissioner of human services shall establish a 
39.12 	onetime grant program to incentivize providers to support individuals to move out of 
39.13 	congregate living settings and into an individual's own home as described in Minnesota 
39.14 	Statutes, section 256B.492, subdivision 3.
39.15 		Subd. 2.Eligible grant recipients. Eligible grant recipients are providers of home and 
39.16 	community-based services under Minnesota Statutes, chapter 245D.
39.17 		Subd. 3.Grant application. In order to receive a grant under this section, providers 
39.18 	must apply to the commissioner on the forms and according to the timelines established by 
39.19 	the commissioner.
39.20 		Subd. 4.Allowable uses of grant money. Allowable uses of grant money include:
39.21 	(1) enhancing resources and staffing to support people and families in understanding 
39.22 	housing options;
39.23 	(2) housing expenses related to moving an individual into their own home that are not 
39.24 	covered by other housing services for which the individual is eligible;
39.25 	(3) moving expenses that are not covered by other housing services for which the 
39.26 	individual is eligible;
39.27 	(4) implementing and testing innovative approaches to better support people with 
39.28 	disabilities and their families in living in their own homes;
39.29 	(5) financial incentives for providers that have successfully moved an individual out of 
39.30 	congregate living and into their own home; and
39.31 	(6) other activities approved by the commissioner.
40.1 		Subd. 5.Expiration. This section expires June 30, 2026.

40.2 	Sec. 41. PEDIATRIC HOSPITAL-TO-HOME TRANSITION PILOT PROGRAM.
 40.3 	(a) The commissioner of human services shall establish a single competitive grant to a 
40.4 	home care nursing provider to develop and implement, in coordination with the commissioner 
40.5 	of human services, Fairview Masonic Children's Hospital, Gillette Children's Specialty 
40.6 	Healthcare, and Children's Minnesota of St. Paul and Minneapolis, a pilot program to 
40.7 	expedite and facilitate pediatric hospital-to-home discharges for patients receiving services 
40.8 	in this state under medical assistance, including under the community alternative care waiver, 
40.9 	community access for disability inclusion waiver, and developmental disabilities waiver.
40.10 	(b) Grant money awarded under this section must be used only to support the 
40.11 	administrative, training, and auxiliary services necessary to reduce: (1) delayed discharge 
40.12 	days due to unavailability of home care nursing staffing to accommodate complex pediatric 
40.13 	patients; (2) avoidable rehospitalization days for pediatric patients; (3) unnecessary 
40.14 	emergency department utilization by pediatric patients following discharge; (4) long-term 
40.15 	nursing needs for pediatric patients; and (5) the number of school days missed by pediatric 
40.16 	patients.
40.17 	(c) Grant money must not be used to supplement payment rates for services covered 
40.18 	under Minnesota Statutes, chapter 256B.
40.19 	(d) No later than December 15, 2026, the commissioner must prepare a report 
40.20 	summarizing the impact of the pilot program that includes but is not limited to: (1) the 
40.21 	number of delayed discharge days eliminated; (2) the number of rehospitalization days 
40.22 	eliminated; (3) the number of unnecessary emergency department admissions eliminated; 
40.23 	(4) the number of missed school days eliminated; and (5) an estimate of the return on 
40.24 	investment of the pilot program.
40.25 	(e) The commissioner must submit the report under paragraph (d) to the chairs and 
40.26 	ranking minority members of the legislative committees with jurisdiction over health and 
40.27 	human services.

40.28 	Sec. 42. PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES 
40.29 	PROVIDED BY A PARENT OR SPOUSE.
 40.30 	(a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivision 3, paragraph 
40.31 	(a), clause (1); subdivision 11, paragraph (c); and subdivision 19, paragraph (b), clause (3), 
40.32 	beginning October 1, 2024, a parent, stepparent, or legal guardian of a minor who is a 
41.1 	personal care assistance recipient or the spouse of a personal care assistance recipient may 
41.2 	provide and be paid for providing personal care assistance services under medical assistance. 
41.3 	The commissioner shall seek federal approval for these payments. The commissioner shall 
41.4 	make payments for services rendered without federal financial participation until federal 
41.5 	approval is obtained, and if federal approval is denied, until this section expires.
41.6 	(b) This section expires upon full implementation of community first services and 
41.7 	supports under Minnesota Statutes, section 256B.85. The commissioner of human services 
41.8 	shall notify the revisor of statutes when this section expires.

41.9 	EFFECTIVE DATE. This section is effective for services rendered on or after October 
41.10 	1, 2024.

41.11 	Sec. 43. TRANSITIONAL SUPPORTS ALLOWANCE INCREASE.
 41.12 	Upon federal approval, the commissioner of human services must increase to $4,114 
41.13 	the transitional supports allowance under Minnesota's federally approved home and 
41.14 	community-based service waiver plans authorized under Minnesota Statutes, sections 
41.15 	256B.092 and 256B.49.

41.16 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
41.17 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
41.18 	when federal approval is obtained.

41.19 	Sec. 44. TRIBAL VULNERABLE ADULT AND DEVELOPMENTAL DISABILITY 
41.20 	TARGETED CASE MANAGEMENT MEDICAL ASSISTANCE BENEFIT.
 41.21 	(a) The commissioner of human services must engage with Minnesota's 
41.22 	federally-recognized Tribal Nations and urban American Indian providers and leaders to 
41.23 	design and recommend a Tribal-specific vulnerable adult and developmental disability 
41.24 	medical assistance targeted case management benefit to meet community needs and reduce 
41.25 	disparities experienced by Tribal members and urban American Indian populations. The 
41.26 	commissioner must honor and uphold Tribal sovereignty as part of this engagement, ensuring 
41.27 	Tribal Nations are equitably and authentically included in planning and policy discussions.
41.28 	(b) By January 1, 2025, the commissioner must report recommendations to the chairs 
41.29 	and ranking minority members of the legislative committees with jurisdiction over health 
41.30 	and human services finance and policy. Recommendations must include a description of 
41.31 	engagement with Tribal Nations, Tribal perspectives shared throughout the engagement 
41.32 	process, service design, and reimbursement methodology.

42.1 	EFFECTIVE DATE. This section is effective July 1, 2024.

42.2 	Sec. 45. REPEALER.
 42.3 	(a) Minnesota Statutes 2022, sections 252.021; and 252.27, subdivisions 1a, 2, 3, 4a, 5, 
42.4 	and 6, are repealed.
42.5 	(b) Minnesota Statutes 2022, section 256B.0916, subdivision 10, is repealed.
42.6 	(c) Minnesota Statutes 2023 Supplement, section 252.27, subdivision 2a, is repealed.

42.7 	EFFECTIVE DATE. Paragraph (b) is effective January 1, 2025.

42.8 	ARTICLE 2
42.9 	AGING SERVICES

42.10 	Section 1. Minnesota Statutes 2022, section 144G.41, subdivision 1, is amended to read:
42.11 		Subdivision 1.Minimum requirements. All assisted living facilities shall:
42.12 	(1) distribute to residents the assisted living bill of rights;
42.13 	(2) provide services in a manner that complies with the Nurse Practice Act in sections 
42.14 	148.171 to 148.285;
42.15 	(3) utilize a person-centered planning and service delivery process;
42.16 	(4) have and maintain a system for delegation of health care activities to unlicensed 
42.17 	personnel by a registered nurse, including supervision and evaluation of the delegated 
42.18 	activities as required by the Nurse Practice Act in sections 148.171 to 148.285;
42.19 	(5) provide a means for residents to request assistance for health and safety needs 24 
42.20 	hours per day, seven days per week;
42.21 	(6) allow residents the ability to furnish and decorate the resident's unit within the terms 
42.22 	of the assisted living contract;
42.23 	(7) permit residents access to food at any time;
42.24 	(8) allow residents to choose the resident's visitors and times of visits;
42.25 	(9) allow the resident the right to choose a roommate if sharing a unit;
42.26 	(10) notify the resident of the resident's right to have and use a lockable door to the 
42.27 	resident's unit. The licensee shall provide the locks on the unit. Only a staff member with 
42.28 	a specific need to enter the unit shall have keys, and advance notice must be given to the 
43.1 	resident before entrance, when possible. An assisted living facility must not lock a resident 
43.2 	in the resident's unit;
43.3 	(11) develop and implement a staffing plan for determining its staffing level that:
43.4 	(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness 
43.5 	of staffing levels in the facility;
43.6 	(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably 
43.7 	foreseeable unscheduled needs of each resident as required by the residents' assessments 
43.8 	and service plans on a 24-hour per day basis; and
43.9 	(iii) ensures that the facility can respond promptly and effectively to individual resident 
43.10 	emergencies and to emergency, life safety, and disaster situations affecting staff or residents 
43.11 	in the facility;
43.12 	(12) ensure that one or more persons are available 24 hours per day, seven days per 
43.13 	week, who are responsible for responding to the requests of residents for assistance with 
43.14 	health or safety needs. Such persons must be:
43.15 	(i) awake;
43.16 	(ii) located in the same building, in an attached building, or on a contiguous campus 
43.17 	with the facility in order to respond within a reasonable amount of time;
43.18 	(iii) capable of communicating with residents;
43.19 	(iv) capable of providing or summoning the appropriate assistance; and
43.20 	(v) capable of following directions; and
43.21 	(13) offer to provide or make available at least the following services to residents:
43.22 	(i) at least three nutritious meals daily with snacks available seven days per week, 
43.23 	according to the recommended dietary allowances in the United States Department of 
43.24 	Agriculture (USDA) guidelines, including seasonal fresh fruit and fresh vegetables. The 
43.25 	following apply:
43.26 	(A) menus must be prepared at least one week in advance, and made available to all 
43.27 	residents. The facility must encourage residents' involvement in menu planning. Meal 
43.28 	substitutions must be of similar nutritional value if a resident refuses a food that is served. 
43.29 	Residents must be informed in advance of menu changes;
43.30 	(B) food must be prepared and served according to the Minnesota Food Code, Minnesota 
43.31 	Rules, chapter 4626; and
44.1 	(C) the facility cannot require a resident to include and pay for meals in their contract;
44.2 	(ii) weekly housekeeping;
44.3 	(iii) weekly laundry service;
44.4 	(iv) upon the request of the resident, provide direct or reasonable assistance with arranging 
44.5 	for transportation to medical and social services appointments, shopping, and other recreation, 
44.6 	and provide the name of or other identifying information about the persons responsible for 
44.7 	providing this assistance;
44.8 	(v) upon the request of the resident, provide reasonable assistance with accessing 
44.9 	community resources and social services available in the community, and provide the name 
44.10 	of or other identifying information about persons responsible for providing this assistance;
44.11 	(vi) provide culturally sensitive programs; and
44.12 	(vii) have a daily program of social and recreational activities that are based upon 
44.13 	individual and group interests, physical, mental, and psychosocial needs, and that creates 
44.14 	opportunities for active participation in the community at large; and
44.15 	(14) (13) provide staff access to an on-call registered nurse 24 hours per day, seven days 
44.16 	per week.

44.17 	Sec. 2. Minnesota Statutes 2022, section 144G.41, is amended by adding a subdivision to 
44.18 	read:
44.19 		Subd. 1a.Minimum requirements; required food services. (a) All assisted living 
44.20 	facilities must offer to provide or make available at least three nutritious meals daily with 
44.21 	snacks available seven days per week, according to the recommended dietary allowances 
44.22 	in the United States Department of Agriculture (USDA) guidelines, including seasonal fresh 
44.23 	fruit and fresh vegetables. The menus must be prepared at least one week in advance, and 
44.24 	made available to all residents. The facility must encourage residents' involvement in menu 
44.25 	planning. Meal substitutions must be of similar nutritional value if a resident refuses a food 
44.26 	that is served. Residents must be informed in advance of menu changes. The facility must 
44.27 	not require a resident to include and pay for meals in the resident's contract. Except as 
44.28 	provided in paragraph (b), food must be prepared and served according to the Minnesota 
44.29 	Food Code, Minnesota Rules, chapter 4626.
44.30 	(b) For an assisted living facility with a licensed capacity of ten or fewer residents:
44.31 	(1) notwithstanding Minnesota Rules, part 4626.0033, item A, the facility may share a 
44.32 	certified food protection manager (CFPM) with one other facility located within a 60-mile 
45.1 	radius and under common management provided the CFPM is present at each facility 
45.2 	frequently enough to effectively administer, manage, and supervise each facility's food 
45.3 	service operation;
45.4 	(2) notwithstanding Minnesota Rules, part 4626.0545, item A, kick plates that are not 
45.5 	removable or cannot be rotated open are allowed unless the facility has been issued repeated 
45.6 	correction orders for violations of Minnesota Rules, part 4626.1565 or 4626.1570;
45.7 	(3) notwithstanding Minnesota Rules, part 4626.0685, item A, the facility is not required 
45.8 	to provide integral drainboards, utensil racks, or tables large enough to accommodate soiled 
45.9 	and clean items that may accumulate during hours of operation provided soiled items do 
45.10 	not contaminate clean items, surfaces, or food, and clean equipment and dishes are air dried 
45.11 	in a manner that prevents contamination before storage;
45.12 	(4) notwithstanding Minnesota Rules, part 4626.1070, item A, the facility is not required 
45.13 	to install a dedicated handwashing sink in its existing kitchen provided it designates one 
45.14 	well of a two-compartment sink for use only as a handwashing sink;
45.15 	(5) notwithstanding Minnesota Rules, parts 4626.1325, 4626.1335, and 4626.1360, item 
45.16 	A, existing floor, wall, and ceiling finishes are allowed provided the facility keeps them 
45.17 	clean and in good condition;
45.18 	(6) notwithstanding Minnesota Rules, part 4626.1375, shielded or shatter-resistant 
45.19 	lightbulbs are not required, but if a light bulb breaks, the facility must discard all exposed 
45.20 	food and fully clean all equipment, dishes, and surfaces to remove any glass particles; and
45.21 	(7) notwithstanding Minnesota Rules, part 4626.1390, toilet rooms are not required to 
45.22 	be provided with a self-closing door.

45.23 	Sec. 3. Minnesota Statutes 2022, section 144G.41, is amended by adding a subdivision to 
45.24 	read:
45.25 		Subd. 1b.Minimum requirements; other required services. All assisted living facilities 
45.26 	must offer to provide or make available the following services to residents:
45.27 	(1) weekly housekeeping;
45.28 	(2) weekly laundry service;
45.29 	(3) upon the request of the resident, provide direct or reasonable assistance with arranging 
45.30 	for transportation to medical and social services appointments, shopping, and other recreation, 
45.31 	and provide the name of or other identifying information about the persons responsible for 
45.32 	providing this assistance;
46.1 	(4) upon the request of the resident, provide reasonable assistance with accessing 
46.2 	community resources and social services available in the community, and provide the name 
46.3 	of or other identifying information about persons responsible for providing this assistance;
46.4 	(5) provide culturally sensitive programs; and
46.5 	(6) have a daily program of social and recreational activities that are based upon individual 
46.6 	and group interests, physical, mental, and psychosocial needs, and that creates opportunities 
46.7 	for active participation in the community at large.

46.8 	Sec. 4. Minnesota Statutes 2022, section 144G.63, subdivision 1, is amended to read:
46.9 		Subdivision 1.Orientation of staff and supervisors. (a) All staff providing and 
46.10 	supervising direct services must complete an orientation to assisted living facility licensing 
46.11 	requirements and regulations before providing assisted living services to residents. The 
46.12 	orientation may be incorporated into the training required under subdivision 5. The orientation 
46.13 	need only be completed once for each staff person and is not transferable to another facility, 
46.14 	except as provided in paragraph (b).
46.15 	(b) A staff person is not required to repeat the orientation required under subdivision 2 
46.16 	if the staff person transfers from one licensed assisted living facility to another facility 
46.17 	operated by the same licensee or by a licensee affiliated with the same corporate organization 
46.18 	as the licensee of the first facility, or to another facility managed by the same entity managing 
46.19 	the first facility. The facility to which the staff person transfers must document that the staff 
46.20 	person completed the orientation at the prior facility. The facility to which the staff person 
46.21 	transfers must nonetheless provide the transferred staff person with supplemental orientation 
46.22 	specific to the facility and document that the supplemental orientation was provided. The 
46.23 	supplemental orientation must include the types of assisted living services the staff person 
46.24 	will be providing, the facility's category of licensure, and the facility's emergency procedures. 
46.25 	A staff person cannot transfer to an assisted living facility with dementia care without 
46.26 	satisfying the additional training requirements under section 144G.83.

46.27 	Sec. 5. Minnesota Statutes 2022, section 144G.63, subdivision 4, is amended to read:
46.28 		Subd. 4.Training required relating to dementia, mental illness, and de-escalation. All 
46.29 	direct care staff and supervisors providing direct services must demonstrate an understanding 
46.30 	of the training specified in section sections144G.64 and 144G.65.

46.31 	EFFECTIVE DATE. This section is effective January 1, 2025.

47.1 	Sec. 6. [144G.65] TRAINING IN MENTAL ILLNESS AND DE-ESCALATION.
47.2 		Subdivision 1.Training for supervisors. (a) Within 90 calendar days of the employment 
47.3 	start date, all supervisors of direct care staff must complete at least eight hours of initial 
47.4 	training on the topics specified in subdivision 6.
47.5 	(b) New supervisors may satisfy the training required under this subdivision by producing 
47.6 	written proof of previously completed required training within the past 18 months.
47.7 		Subd. 2.Training for direct care staff. (a) Within 90 calendar days of the employment 
47.8 	start date, all direct care staff must complete at least eight hours of initial training on the 
47.9 	topics specified in subdivision 6. Until the initial training is complete, a direct care staff 
47.10 	member must not provide direct care unless someone is available who can act as a resource, 
47.11 	can assist if issues arise, and is either another direct care staff member who has completed 
47.12 	the eight hours of required training and is on-site or is a supervisor.
47.13 	(b) New direct care employees may satisfy the training required under this subdivision 
47.14 	by producing written proof of previously completed required training within the past 18 
47.15 	months.
47.16 		Subd. 3.Training for staff who do not provide direct care. (a) Within 90 calendar 
47.17 	days of the employment start date, all assisted living facility employees who do not provide 
47.18 	direct care, including maintenance, housekeeping, and food service staff, must complete at 
47.19 	least four hours of initial training on all the topics specified in subdivision 6.
47.20 	(b) New staff members may satisfy the training required under this subdivision by 
47.21 	producing written proof of previously completed required training within the past 18 months.
47.22 		Subd. 4.Annual training for all staff. All assisted living staff required to complete 
47.23 	initial training under subdivisions 1 to 3 must complete at least two hours of additional 
47.24 	training for each year of employment following completion of the initial training. Annual 
47.25 	training must cover some, but is not required to cover all, of the topics listed under 
47.26 	subdivision 6.
47.27 		Subd. 5.New staff members. A supervisor who has completed the training required 
47.28 	under subdivision 1 or a person who conducts the initial training must be available for 
47.29 	consultation with a new staff member on issues related to mental illness and de-escalation 
47.30 	during the first 90 calendar days of the new staff member's employment start date.
47.31 		Subd. 6.Content of training. The initial training on mental illness and de-escalation 
47.32 	required under this section must include:
47.33 	(1) an explanation of the principles of trauma-informed care;
48.1 	(2) instruction on incorporating knowledge about trauma into care plans, policies, 
48.2 	procedures, and practices to avoid retraumatization;
48.3 	(3) de-escalation techniques and communication;
48.4 	(4) crisis resolution, including a procedure for contacting county crisis response teams;
48.5 	(5) suicide prevention, including use of the 988 suicide and crisis lifeline;
48.6 	(6) recognizing symptoms of common mental illness diagnoses, including but not limited 
48.7 	to mood disorders, anxiety disorders, trauma and stressor-related disorders, personality and 
48.8 	psychotic disorders, substance use disorder, and substance misuse;
48.9 	(7) creating and executing person-centered care plans for residents with mental illness;
48.10 	(8) information on medications and their side effects, the risks of overmedication or 
48.11 	improper use of medications, and nonpharmacological interventions; and
48.12 	(9) support strategies, resources, and referral sources for residents experiencing diagnoses 
48.13 	co-occurring with mental illness, including dementia.
48.14 		Subd. 7.Information to prospective residents. The facility must provide to prospective 
48.15 	residents in written or electronic form a description of its training program on mental illness 
48.16 	and de-escalation, the categories of staff trained, the frequency and amount of training, and 
48.17 	the basic topics covered.

48.18 	EFFECTIVE DATE. This section is effective January 1, 2025.

48.19 	Sec. 7. Minnesota Statutes 2023 Supplement, section 256.9756, subdivision 1, is amended 
48.20 	to read:
48.21 		Subdivision 1.Caregiver respite services grant program established. The Minnesota 
48.22 	Board on Aging must establish a caregiver respite services grant program to increase the 
48.23 	availability of respite services for family caregivers of people with dementia and older adults
48.24 	and to provide information, education, and training to respite caregivers and volunteers 
48.25 	regarding caring for people with dementia. From the money made available for this purpose, 
48.26 	the board must award grants on a competitive basis to respite service providers, giving 
48.27 	priority to areas of the state where there is a high need of respite services.

49.1 	Sec. 8. Minnesota Statutes 2023 Supplement, section 256.9756, subdivision 2, is amended 
49.2 	to read:
49.3 		Subd. 2.Eligible uses. Grant recipients awarded grant money under this section must 
49.4 	use a portion of the grant award as determined by the board to provide free or subsidized 
49.5 	respite services for family caregivers of people with dementia and older adults.

49.6 	Sec. 9. Minnesota Statutes 2023 Supplement, section 256B.0913, subdivision 5, is amended 
49.7 	to read:
49.8 		Subd. 5.Services covered under alternative care. Alternative care funding may be 
49.9 	used for payment of costs of:
49.10 	(1) adult day services and adult day services bath;
49.11 	(2) home care;
49.12 	(3) homemaker services;
49.13 	(4) personal care;
49.14 	(5) case management and conversion case management;
49.15 	(6) respite care;
49.16 	(7) specialized supplies and equipment;
49.17 	(8) home-delivered meals;
49.18 	(9) nonmedical transportation;
49.19 	(10) nursing services;
49.20 	(11) chore services;
49.21 	(12) companion services;
49.22 	(13) nutrition services;
49.23 	(14) family caregiver training and education;
49.24 	(15) coaching and counseling;
49.25 	(16) telehome care to provide services in their own homes in conjunction with in-home 
49.26 	visits;
49.27 	(17) consumer-directed community supports;
49.28 	(18) environmental accessibility and adaptations; and
50.1 	(19) transitional services; and
50.2 	(19) (20) discretionary services, for which lead agencies may make payment from their 
50.3 	alternative care program allocation for services not otherwise defined in this section or 
50.4 	section 256B.0625, following approval by the commissioner.
50.5 	Total annual payments for discretionary services for all clients served by a lead agency 
50.6 	must not exceed 25 percent of that lead agency's annual alternative care program base 
50.7 	allocation, except that when alternative care services receive federal financial participation 
50.8 	under the 1115 waiver demonstration, funding shall be allocated in accordance with 
50.9 	subdivision 17.

50.10 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
50.11 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
50.12 	when federal approval is obtained.

50.13 	Sec. 10. Minnesota Statutes 2022, section 256B.0913, subdivision 5a, is amended to read:
50.14 		Subd. 5a.Services; service definitions; service standards. (a) Unless specified in 
50.15 	statute, the services, service definitions, and standards for alternative care services shall be 
50.16 	the same as the services, service definitions, and standards specified in the federally approved 
50.17 	elderly waiver plan, except alternative care does not cover transitional support services,
50.18 	assisted living services, adult foster care services, and residential care and benefits defined 
50.19 	under section 256B.0625 that meet primary and acute health care needs.
50.20 	(b) The lead agency must ensure that the funds are not used to supplant or supplement 
50.21 	services available through other public assistance or services programs, including 
50.22 	supplementation of client co-pays, deductibles, premiums, or other cost-sharing arrangements 
50.23 	for health-related benefits and services or entitlement programs and services that are available 
50.24 	to the person, but in which they have elected not to enroll. The lead agency must ensure 
50.25 	that the benefit department recovery system in the Medicaid Management Information 
50.26 	System (MMIS) has the necessary information on any other health insurance or third-party 
50.27 	insurance policy to which the client may have access. Supplies and equipment may be 
50.28 	purchased from a vendor not certified to participate in the Medicaid program if the cost for 
50.29 	the item is less than that of a Medicaid vendor.
50.30 	(c) Personal care services must meet the service standards defined in the federally 
50.31 	approved elderly waiver plan, except that a lead agency may authorize services to be provided 
50.32 	by a client's relative who meets the relative hardship waiver requirements or a relative who 
50.33 	meets the criteria and is also the responsible party under an individual service plan that 
51.1 	ensures the client's health and safety and supervision of the personal care services by a 
51.2 	qualified professional as defined in section 256B.0625, subdivision 19c. Relative hardship 
51.3 	is established by the lead agency when the client's care causes a relative caregiver to do any 
51.4 	of the following: resign from a paying job, reduce work hours resulting in lost wages, obtain 
51.5 	a leave of absence resulting in lost wages, incur substantial client-related expenses, provide 
51.6 	services to address authorized, unstaffed direct care time, or meet special needs of the client 
51.7 	unmet in the formal service plan.
51.8 	(d) Alternative care covers sign language interpreter services and spoken language 
51.9 	interpreter services for recipients eligible for alternative care when the services are necessary 
51.10 	to help deaf and hard-of-hearing recipients or recipients with limited English proficiency 
51.11 	obtain covered services. Coverage for face-to-face spoken language interpreter services 
51.12 	shall be provided only if the spoken language interpreter used by the enrolled health care 
51.13 	provider is listed in the registry or roster established under section 144.058.

51.14 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
51.15 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
51.16 	when federal approval is obtained.

51.17 	Sec. 11. Minnesota Statutes 2022, section 256B.434, is amended by adding a subdivision 
51.18 	to read:
51.19 		Subd. 4k.Property rate increase for certain nursing facilities. (a) A rate increase 
51.20 	under this subdivision ends upon the effective date of the transition of the facility's property 
51.21 	rate to a property payment rate under section 256R.26, subdivision 8.
51.22 	(b) The commissioner shall increase the property rate of a nursing facility located in the 
51.23 	city of St. Paul at 1415 Almond Avenue in Ramsey County by $10.65 on January 1, 2025.
51.24 	(c) The commissioner shall increase the property rate of a nursing facility located in the 
51.25 	city of Duluth at 3111 Church Place in St. Louis County by $20.81 on January 1, 2025.
51.26 	(d) The commissioner shall increase the property rate of a nursing facility located in the 
51.27 	city of Chatfield at 1102 Liberty Street SE in Fillmore County by $21.35 on January 1, 
51.28 	2025.
51.29 	(e) Effective January 1, 2025, through June 30, 2025, the commissioner shall increase 
51.30 	the property rate of a nursing facility located in the city of Fergus Falls at 1131 South 
51.31 	Mabelle Avenue in Ottertail County by $38.56.

51.32 	EFFECTIVE DATE. This section is effective January 1, 2025.

52.1 	Sec. 12. Minnesota Statutes 2022, section 256R.53, is amended by adding a subdivision 
52.2 	to read:
52.3 		Subd. 4.Nursing facility in Minnetonka. (a) For a nursing facility located in Minnetonka 
52.4 	and licensed for 21 beds as of February 1, 2024, the commissioner shall use funding from 
52.5 	the moratorium exceptions process under section 144A.073 to calculate the facility's property 
52.6 	rate beginning January 1, 2025.
52.7 	(b) For the purposes of determining the total property payment rate under section 256R.26 
52.8 	for the facility described in paragraph (a), for a project completed in 2023, the final building 
52.9 	valuation is equal to the lesser of the limited depreciated replacement cost as determined 
52.10 	under section 256R.26, subdivision 3, or 105 percent of the estimated building valuation of 
52.11 	$6,650,000.

52.12 	Sec. 13. [256S.191] ELDERLY WAIVER BUDGET AND RATE EXCEPTIONS; 
52.13 	HIGH-NEED PARTICIPANTS.
52.14 		Subdivision 1.Eligibility for budget and rate exceptions. A participant is eligible to 
52.15 	request an elderly waiver budget and rate exception when:
52.16 	(1) hospitalization of the participant is no longer medically necessary but the participant 
52.17 	has not been discharged to the community due to lack of community care options;
52.18 	(2) the participant requires a support plan that exceeds elderly waiver budgets and rates 
52.19 	due to the participant's specific assessed needs; and
52.20 	(3) the participant meets all eligibility criteria for the elderly waiver.
52.21 		Subd. 2.Requests for budget and rate exceptions. (a) A participant eligible under 
52.22 	subdivision 1 may request, in a format prescribed by the commissioner, an elderly waiver 
52.23 	budget and rate exception when requesting an eligibility determination for elderly waiver 
52.24 	services. The participant may request an exception to the elderly waiver case mix caps, the 
52.25 	customized living service rate limits, service rates, or any combination of the three.
52.26 	(b) The participant must document in the request that the participant's needs cannot be 
52.27 	met within the existing case mix caps, customized living service rate limits, or service rates 
52.28 	and how an exception to any of the three will meet the participant's needs.
52.29 	(c) The participant must include in the request the basis for the underlying costs used to 
52.30 	determine the overall cost of the proposed service plan.
53.1 	(d) The commissioner must respond to all exception requests, whether the request is 
53.2 	granted, denied, or granted as modified. The commissioner must include in the response 
53.3 	the basis for the action and provide notification of the right to appeal.
53.4 	(e) Participants granted exceptions under this section must apply annually in a format 
53.5 	prescribed by the commissioner to continue or modify the exception.
53.6 	(f) A participant no longer qualifies for an exception when the participant's needs can 
53.7 	be met within standard elderly waiver budgets and rates.

53.8 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
53.9 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
53.10 	when federal approval is obtained.

53.11 	Sec. 14. Minnesota Statutes 2022, section 256S.205, subdivision 5, is amended to read:
53.12 		Subd. 5.Rate adjustment; rate floor. (a) Notwithstanding the 24-hour customized 
53.13 	living monthly service rate limits under section 256S.202, subdivision 2, and the component 
53.14 	service rates established under section 256S.201, subdivision 4, the commissioner must 
53.15 	establish a rate floor equal to $119 $141 per resident per day for 24-hour customized living 
53.16 	services provided to an elderly waiver participant in a designated disproportionate share 
53.17 	facility.
53.18 	(b) The commissioner must apply the rate floor to the services described in paragraph 
53.19 	(a) provided during the rate year.
53.20 	(c) The commissioner must adjust the rate floor by the same amount and at the same 
53.21 	time as any adjustment to the 24-hour customized living monthly service rate limits under 
53.22 	section 256S.202, subdivision 2.
53.23 	(d) The commissioner shall not implement the rate floor under this section if the 
53.24 	customized living rates established under sections 256S.21 to 256S.215 will be implemented 
53.25 	at 100 percent on January 1 of the year following an application year.

53.26 	EFFECTIVE DATE. This section is effective January 1, 2025.

53.27 	Sec. 15. DIRECTION TO COMMISSIONER; HOME AND COMMUNITY-BASED 
53.28 	SERVICES SYSTEM REFORM ANALYSIS.
 53.29 	(a) The commissioner of human services must study Minnesota's existing home and 
53.30 	community-based services system for older adults and evaluate options to meet the needs 
53.31 	of older adults with high support needs that cannot be addressed by services or individual 
54.1 	participant budgets available under the elderly waiver. The commissioner must propose 
54.2 	reforms to the home and community-based services system to meet the following goals:
54.3 	(1) address the needs of older adults with high support needs, including older adults with 
54.4 	high support needs currently residing in the community;
54.5 	(2) develop provider capacity to meet the needs of older adults with high support needs; 
54.6 	and
54.7 	(3) ensure access to a full range of services and supports necessary to address the needs 
54.8 	of older adults with high support needs.
54.9 	(b) The commissioner must submit a report with recommendations to meet the goals in 
54.10 	paragraph (a) to the chairs and ranking minority members of the legislative committees with 
54.11 	jurisdiction over human services finance and policy by December 31, 2025.

54.12 	ARTICLE 3
54.13 	SUBSTANCE USE DISORDER SERVICES

54.14 	Section 1. Minnesota Statutes 2023 Supplement, section 256.042, subdivision 2, is amended 
54.15 	to read:
54.16 		Subd. 2.Membership. (a) The council shall consist of the following 20 voting members, 
54.17 	appointed by the commissioner of human services except as otherwise specified, and three
54.18 	four nonvoting members:
54.19 	(1) two members of the house of representatives, appointed in the following sequence: 
54.20 	the first from the majority party appointed by the speaker of the house and the second from 
54.21 	the minority party appointed by the minority leader. Of these two members, one member 
54.22 	must represent a district outside of the seven-county metropolitan area, and one member 
54.23 	must represent a district that includes the seven-county metropolitan area. The appointment 
54.24 	by the minority leader must ensure that this requirement for geographic diversity in 
54.25 	appointments is met;
54.26 	(2) two members of the senate, appointed in the following sequence: the first from the 
54.27 	majority party appointed by the senate majority leader and the second from the minority 
54.28 	party appointed by the senate minority leader. Of these two members, one member must 
54.29 	represent a district outside of the seven-county metropolitan area and one member must 
54.30 	represent a district that includes the seven-county metropolitan area. The appointment by 
54.31 	the minority leader must ensure that this requirement for geographic diversity in appointments 
54.32 	is met;
55.1 	(3) one member appointed by the Board of Pharmacy;
55.2 	(4) one member who is a physician appointed by the Minnesota Medical Association;
55.3 	(5) one member representing opioid treatment programs, sober living programs, or 
55.4 	substance use disorder programs licensed under chapter 245G;
55.5 	(6) one member appointed by the Minnesota Society of Addiction Medicine who is an 
55.6 	addiction psychiatrist;
55.7 	(7) one member representing professionals providing alternative pain management 
55.8 	therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;
55.9 	(8) one member representing nonprofit organizations conducting initiatives to address 
55.10 	the opioid epidemic, with the commissioner's initial appointment being a member 
55.11 	representing the Steve Rummler Hope Network, and subsequent appointments representing 
55.12 	this or other organizations;
55.13 	(9) one member appointed by the Minnesota Ambulance Association who is serving 
55.14 	with an ambulance service as an emergency medical technician, advanced emergency 
55.15 	medical technician, or paramedic;
55.16 	(10) one member representing the Minnesota courts who is a judge or law enforcement 
55.17 	officer;
55.18 	(11) one public member who is a Minnesota resident and who is in opioid addiction 
55.19 	recovery;
55.20 	(12) two members representing Indian tribes, one representing the Ojibwe tribes and 
55.21 	one representing the Dakota tribes;
55.22 	(13) one member representing an urban American Indian community;
55.23 	(14) one public member who is a Minnesota resident and who is suffering from chronic 
55.24 	pain, intractable pain, or a rare disease or condition;
55.25 	(15) one mental health advocate representing persons with mental illness;
55.26 	(16) one member appointed by the Minnesota Hospital Association;
55.27 	(17) one member representing a local health department; and
55.28 	(18) the commissioners of human services, health, and corrections, or their designees, 
55.29 	who shall be ex officio nonvoting members of the council.; and
56.1 	(19) the director of the Office of Addiction and Recovery, as specified under section 
56.2 	4.046, subdivision 6, or their designee, who shall be an ex officio nonvoting member of the 
56.3 	council.
56.4 	(b) The commissioner of human services shall coordinate the commissioner's 
56.5 	appointments to provide geographic, racial, and gender diversity, and shall ensure that at 
56.6 	least one-third of council members appointed by the commissioner reside outside of the 
56.7 	seven-county metropolitan area. Of the members appointed by the commissioner, to the 
56.8 	extent practicable, at least one member must represent a community of color 
56.9 	disproportionately affected by the opioid epidemic.
56.10 	(c) The council is governed by section 15.059, except that members of the council shall 
56.11 	serve three-year terms and shall receive no compensation other than reimbursement for 
56.12 	expenses. Notwithstanding section 15.059, subdivision 6, the council shall not expire.
56.13 	(d) The chair shall convene the council at least quarterly, and may convene other meetings 
56.14 	as necessary. The chair shall convene meetings at different locations in the state to provide 
56.15 	geographic access, and shall ensure that at least one-half of the meetings are held at locations 
56.16 	outside of the seven-county metropolitan area.
56.17 	(e) The commissioner of human services shall provide staff and administrative services 
56.18 	for the advisory council.
56.19 	(f) The council is subject to chapter 13D.

56.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

56.21 	Sec. 2. Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended 
56.22 	to read:
56.23 		Subd. 3.Appropriations from registration and license fee account. (a) The 
56.24 	appropriations in paragraphs (b) to (n) shall be made from the registration and license fee 
56.25 	account on a fiscal year basis in the order specified.
56.26 	(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs 
56.27 	(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be 
56.28 	made accordingly.
56.29 	(c) $100,000 is appropriated to the commissioner of human services for grants for opiate 
56.30 	antagonist distribution. Grantees may utilize funds for opioid overdose prevention, 
56.31 	community asset mapping, education, and opiate antagonist distribution.
57.1 	(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal 
57.2 	nations and five urban Indian communities for traditional healing practices for American 
57.3 	Indians and to increase the capacity of culturally specific providers in the behavioral health 
57.4 	workforce.
57.5 	(e) $400,000 is appropriated to the commissioner of human services for competitive 
57.6 	grants for opioid-focused Project ECHO programs.
57.7 	(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the 
57.8 	commissioner of human services to administer the funding distribution and reporting 
57.9 	requirements in paragraph (o).
57.10 	(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated 
57.11 	to the commissioner of human services for safe recovery sites start-up and capacity building 
57.12 	grants under section 254B.18.
57.13 	(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to 
57.14 	the commissioner of human services for the opioid overdose surge alert system under section 
57.15 	245.891.
57.16 	(i) $300,000 is appropriated to the commissioner of management and budget for 
57.17 	evaluation activities under section 256.042, subdivision 1, paragraph (c).
57.18 	(j) $261,000 is appropriated to the commissioner of human services for the provision of 
57.19 	administrative services to the Opiate Epidemic Response Advisory Council and for the 
57.20 	administration of the grants awarded under paragraph (n).
57.21 	(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration 
57.22 	fees under section 151.066.
57.23 	(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of 
57.24 	Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies 
57.25 	and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
57.26 	(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining 
57.27 	amount is appropriated to the commissioner of human services for distribution to county 
57.28 	social service agencies and Tribal social service agency initiative projects authorized under 
57.29 	section 256.01, subdivision 14b, to provide prevention and child protection services to 
57.30 	children and families who are affected by addiction. The commissioner shall distribute this 
57.31 	money proportionally to county social service agencies and Tribal social service agency 
57.32 	initiative projects through a formula based on intake data from the previous three calendar 
57.33 	years related to substance use and out-of-home placement episodes where parental drug 
58.1 	abuse is the primary a reason for the out-of-home placement using data from the previous 
58.2 	calendar year. County social service agencies and Tribal social service agency initiative 
58.3 	projects receiving funds from the opiate epidemic response fund must annually report to 
58.4 	the commissioner on how the funds were used to provide prevention and child protection 
58.5 	services, including measurable outcomes, as determined by the commissioner. County social 
58.6 	service agencies and Tribal social service agency initiative projects must not use funds 
58.7 	received under this paragraph to supplant current state or local funding received for child 
58.8 	protection services for children and families who are affected by addiction.
58.9 	(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in 
58.10 	the account is appropriated to the commissioner of human services to award grants as 
58.11 	specified by the Opiate Epidemic Response Advisory Council in accordance with section 
58.12 	256.042, unless otherwise appropriated by the legislature.
58.13 	(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service 
58.14 	agencies and Tribal social service agency initiative projects under paragraph (m) and grant 
58.15 	funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) 
58.16 	may be distributed on a calendar year basis.
58.17 	(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs 
58.18 	(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

58.19 	ARTICLE 4
58.20 	PRIORITY ADMISSIONS AND CIVIL COMMITMENT

58.21 	Section 1. Minnesota Statutes 2023 Supplement, section 253B.10, subdivision 1, is amended 
58.22 	to read:
58.23 		Subdivision 1.Administrative requirements. (a) When a person is committed, the 
58.24 	court shall issue a warrant or an order committing the patient to the custody of the head of 
58.25 	the treatment facility, state-operated treatment program, or community-based treatment 
58.26 	program. The warrant or order shall state that the patient meets the statutory criteria for 
58.27 	civil commitment.
58.28 	(b) The commissioner shall prioritize patients being admitted from jail or a correctional 
58.29 	institution who are for admission to a medically appropriate direct care and treatment 
58.30 	program based on the decisions of physicians in the executive medical director's office, 
58.31 	using a priority admissions framework. The framework must account for a range of factors 
58.32 	for priority admission, including but not limited to:
59.1 	(1) ordered confined in a state-operated treatment program for an examination under 
59.2 	Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 
59.3 	20.02, subdivision 2 the length of time the person has been on a waiting list for admission 
59.4 	to a direct care and treatment program since the date of the order under paragraph (a);
59.5 	(2) under civil commitment for competency treatment and continuing supervision under 
59.6 	Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7 the intensity of the 
59.7 	treatment the person needs, based on medical acuity;
59.8 	(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal 
59.9 	Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be 
59.10 	detained in a state-operated treatment program pending completion of the civil commitment 
59.11 	proceedings; or the person's revoked provisional discharge status;
59.12 	(4) committed under this chapter to the commissioner after dismissal of the patient's 
59.13 	criminal charges. the person's safety and safety of others in the person's current environment;
59.14 	(5) whether the person has access to necessary or court-ordered treatment;
59.15 	(6) distinct and articulable negative impacts of an admission delay on the facility referring 
59.16 	the individual for treatment; and
59.17 	(7) any relevant federal prioritization requirements.
59.18 	Patients described in this paragraph must be admitted to a state-operated treatment program 
59.19 	within 48 hours. The commitment must be ordered by the court as provided in section 
59.20 	253B.09, subdivision 1, paragraph (d).
59.21 	(c) Upon the arrival of a patient at the designated treatment facility, state-operated 
59.22 	treatment program, or community-based treatment program, the head of the facility or 
59.23 	program shall retain the duplicate of the warrant and endorse receipt upon the original 
59.24 	warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must 
59.25 	be filed in the court of commitment. After arrival, the patient shall be under the control and 
59.26 	custody of the head of the facility or program.
59.27 	(d) Copies of the petition for commitment, the court's findings of fact and conclusions 
59.28 	of law, the court order committing the patient, the report of the court examiners, and the 
59.29 	prepetition report, and any medical and behavioral information available shall be provided 
59.30 	at the time of admission of a patient to the designated treatment facility or program to which 
59.31 	the patient is committed. Upon a patient's referral to the commissioner of human services 
59.32 	for admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment 
59.33 	facility, jail, or correctional facility that has provided care or supervision to the patient in 
60.1 	the previous two years shall, when requested by the treatment facility or commissioner, 
60.2 	provide copies of the patient's medical and behavioral records to the Department of Human 
60.3 	Services for purposes of preadmission planning. This information shall be provided by the 
60.4 	head of the treatment facility to treatment facility staff in a consistent and timely manner 
60.5 	and pursuant to all applicable laws.
60.6 	(e) Patients described in paragraph (b) must be admitted to a state-operated treatment 
60.7 	program within 48 hours of the Office of Medical Director, under section 246.018, or a 
60.8 	designee determining that a medically appropriate bed is available. This paragraph expires 
60.9 	on June 30, 2025.

60.10 	EFFECTIVE DATE. This section is effective July 1, 2024.

60.11 	Sec. 2. Minnesota Statutes 2023 Supplement, section 246.0135, as amended by Laws 
60.12 	2024, chapter 79, article 1, section 3, is amended to read:
60.13 	246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.
60.14 	(a) The executive board is prohibited from closing any regional treatment center or 
60.15 	state-operated nursing home or, from closing any program at any of the regional treatment 
60.16 	centers or state-operated nursing homes, and from closing the community addiction recovery 
60.17 	enterprise program located in the city of Carlton or modifying the population served by the 
60.18 	program, without specific legislative authorization.
60.19 	(b) Prior to closing or downsizing a regional treatment center, the executive board is 
60.20 	responsible for assuring that community-based alternatives developed in response are 
60.21 	adequate to meet the program needs identified by each county within the catchment area 
60.22 	and do not require additional local county property tax expenditures.
60.23 	(c) The nonfederal share of the cost of alternative treatment or care developed as the 
60.24 	result of the closure of a regional treatment center, including costs associated with fulfillment 
60.25 	of responsibilities under chapter 253B must be paid from state money appropriated for 
60.26 	purposes specified in section 246C.11.
60.27 	(d) The executive board must not divert state money used for providing for care or 
60.28 	treatment of persons residing in a regional treatment center for purposes unrelated to the 
60.29 	care and treatment of such persons.

60.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

61.1 	Sec. 3. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; 
61.2 	REIMBURSEMENT TO BELTRAMI COUNTY AND TODD COUNTY FOR 
61.3 	CERTAIN COST OF CARE PAYMENTS.
 61.4 	(a) Notwithstanding Minnesota Statutes 2021 Supplement, section 246.54, subdivisions 
61.5 	1a and 1b; Minnesota Statutes 2022, section 246.54, subdivisions 1a and 1b; or any other 
61.6 	law to the contrary, the commissioner of human services must not sanction or otherwise 
61.7 	seek payment from Beltrami County or Todd County for outstanding debts for the cost of 
61.8 	care provided between July 1, 2022, and June 30, 2023, under:
61.9 	(1) Minnesota Statutes, section 246.54, subdivision 1a, paragraph (a), clause (3), to a 
61.10 	person committed as a person who has a mental illness and is dangerous to the public under 
61.11 	Minnesota Statutes, section 253B.18, and who was awaiting transfer from Anoka-Metro 
61.12 	Regional Treatment Center to another state-operated facility or program; or
61.13 	(2) Minnesota Statutes, section 246.54, subdivision 1b, paragraph (a), clause (1), to a 
61.14 	person committed as a person who has a mental illness and is dangerous to the public under 
61.15 	Minnesota Statutes, section 253B.18, and who was awaiting transfer from a state-operated 
61.16 	community-based behavioral health hospital to another state-operated facility or program.
61.17 	(b) The commissioner must reimburse Beltrami County and Todd County with state-only 
61.18 	money any amount previously paid to the state or otherwise recovered by the commissioner 
61.19 	from Beltrami County or Todd County for the cost of care identified in paragraph (a).
61.20 	(c) Nothing in this section prohibits the commissioner from seeking reimbursement from 
61.21 	Beltrami County or from Todd County for the cost of care provided in Anoka-Metro Regional 
61.22 	Treatment Center or a state-operated community-based behavioral health hospital for care 
61.23 	not described in paragraph (a).

61.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

61.25 	Sec. 4. ENGAGEMENT SERVICES PILOT PROJECT.
 61.26 		Subdivision 1.Creation. The commissioner of human services shall provide a grant to 
61.27 	Otter Tail county to conduct a pilot project involving the provision of engagement services 
61.28 	under Minnesota Statutes, section 253B.041.
61.29 		Subd. 2.Allowable grant activities. (a) The grantee must use grant money to:
61.30 	(1) develop a system to respond to requests for engagement services;
61.31 	(2) provide the following engagement services, taking into account an individual's 
61.32 	preferences for treatment services and supports:
62.1 	(i) assertive attempts to engage an individual in voluntary treatment for mental illness 
62.2 	for at least 90 days;
62.3 	(ii) efforts to engage an individual's existing support systems and interested persons, 
62.4 	including but not limited to providing education on restricting means of harm and suicide 
62.5 	prevention, when the provider determines that such engagement would be helpful; and
62.6 	(iii) collaboration with the individual to meet the individual's immediate needs, including 
62.7 	but not limited to housing access, food and income assistance, disability verification, 
62.8 	medication management, and medical treatment;
62.9 	(3) conduct outreach to families and providers; and
62.10 	(4) evaluate the impact of engagement services on decreasing civil commitments, 
62.11 	increasing engagement in treatment, decreasing police involvement with individuals 
62.12 	exhibiting symptoms of serious mental illness, and other measures.
62.13 	(b) Engagement services staff must have completed training on person-centered care. 
62.14 	Staff may include but are not limited to mobile crisis providers under Minnesota Statutes, 
62.15 	section 256B.0624; certified peer specialists under Minnesota Statutes, section 256B.0615; 
62.16 	community-based treatment programs staff; and homeless outreach workers.

62.17 	Sec. 5. HOSPITAL ADMISSION EXCEPTION TO CURRENT PRIORITY 
62.18 	ADMISSION.
 62.19 	(a) Notwithstanding Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b), 
62.20 	the commissioner of human services must admit to a medically appropriate state-operated 
62.21 	treatment program ten civilly committed patients who are awaiting admission in hospital 
62.22 	settings. Admissions of patients awaiting admission in hospital settings must be managed 
62.23 	according to the priority admissions framework under Minnesota Statutes, section 253B.10, 
62.24 	subdivision 1, paragraph (b).
62.25 	(b) This section expires upon admission of the tenth patient who has been civilly 
62.26 	committed and is awaiting admission in a hospital setting.

62.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

62.28 	Sec. 6. MENTALLY ILL AND DANGEROUS CIVIL COMMITMENT REFORM 
62.29 	TASK FORCE.
 62.30 		Subdivision 1.Establishment; purpose. The Mentally Ill and Dangerous Civil 
62.31 	Commitment Reform Task Force is established to evaluate current statutes related to mentally 
63.1 	ill and dangerous civil commitments and develop recommendations to optimize the use of 
63.2 	state-operated mental health resources and increase equitable access and outcomes for 
63.3 	patients.
63.4 		Subd. 2.Membership. (a) The Mentally Ill and Dangerous Civil Commitment Reform 
63.5 	Task Force consists of the members appointed as follows:
63.6 	(1) the commissioner of human services or a designee;
63.7 	(2) two members representing the Department of Direct Care and Treatment who have 
63.8 	experience with mentally ill and dangerous civil commitments, appointed by the 
63.9 	commissioner of human services;
63.10 	(3) the ombudsman for mental health and developmental disabilities;
63.11 	(4) a judge with experience presiding over mentally ill and dangerous civil commitments, 
63.12 	appointed by the state court administrator;
63.13 	(5) a court examiner with experience participating in mentally ill and dangerous civil 
63.14 	commitments, appointed by the state court administrator;
63.15 	(6) a member of the Special Review Board, appointed by the state court administrator;
63.16 	(7) a county representative, appointed by the Association of Minnesota Counties;
63.17 	(8) a representative appointed by the Minnesota Association of County Social Service 
63.18 	Administrators;
63.19 	(9) a county attorney with experience participating in mentally ill and dangerous civil 
63.20 	commitments, appointed by the Minnesota County Attorneys Association;
63.21 	(10) an attorney with experience representing respondents in mentally ill and dangerous 
63.22 	civil commitments, appointed by the governor;
63.23 	(11) a member appointed by the Minnesota Association of Community Mental Health 
63.24 	Programs;
63.25 	(12) a member appointed by the National Alliance on Mental Illness Minnesota;
63.26 	(13) a licensed independent practitioner with experience treating individuals subject to 
63.27 	a mentally ill and dangerous civil commitment; and
63.28 	(14) an individual with lived experience under civil commitment as mentally ill and 
63.29 	dangerous and who is on a provisional discharge or has been discharged from commitment.
63.30 	(b) A member of the legislature may not serve as a member of the task force.
64.1 	(c) Appointments to the task force must be made no later than July 30, 2024.
64.2 		Subd. 3.Compensation; removal; vacancy. (a) Notwithstanding Minnesota Statutes, 
64.3 	section 15.059, subdivision 6, members of the task force may be compensated as provided 
64.4 	under Minnesota Statutes, section 15.059, subdivision 3.
64.5 	(b) A member may be removed by the appointing authority at any time at the pleasure 
64.6 	of the appointing authority. In the case of a vacancy on the task force, the appointing authority 
64.7 	shall appoint an individual to fill the vacancy for the remainder of the unexpired term.
64.8 		Subd. 4.Officers; meetings. (a) The commissioner of human services shall convene 
64.9 	the first meeting of the task force no later than September 1, 2024.
64.10 	(b) The task force must elect a chair and vice-chair from among its members and may 
64.11 	elect other officers as necessary.
64.12 	(c) The task force is subject to Minnesota Statutes, chapter 13D.
64.13 		Subd. 5.Staff. The commissioner of human services must provide staff assistance to 
64.14 	support the work of the task force.
64.15 		Subd. 6.Data usage and privacy. Any data provided by executive agencies as part of 
64.16 	the work and report of the task force are subject to the requirements of Minnesota Statutes, 
64.17 	chapter 13, and all other applicable data privacy laws.
64.18 		Subd. 7.Duties. The task force must:
64.19 	(1) analyze current trends in mentally ill and dangerous civil commitments, including 
64.20 	but not limited to the length of stay for individuals committed in Minnesota as compared 
64.21 	to other jurisdictions;
64.22 	(2) review national practices and criteria for civil commitment of individuals who have 
64.23 	a mental illness and represent a danger to the public;
64.24 	(3) develop recommended statutory changes necessary to provide services to the high 
64.25 	number of mentally ill and dangerous civilly committed individuals;
64.26 	(4) develop funding and statutory recommendations for alternatives to the current mentally 
64.27 	ill and dangerous civil commitment process;
64.28 	(5) identify what types of placements and services are necessary to serve individuals 
64.29 	civilly committed as mentally ill and dangerous in the community;
64.30 	(6) make recommendations to reduce barriers to discharge from the forensic mental 
64.31 	health program for individuals civilly committed as mentally ill and dangerous;
65.1 	(7) develop recommended plain language statutory changes to clarify operational 
65.2 	definitions for terms used within Minnesota Statutes, section 253B.18;
65.3 	(8) develop recommended statutory changes to provide clear direction to the 
65.4 	commissioner of human services and facilities to which individuals are civilly committed 
65.5 	to address situations in which an individual is committed as mentally ill and dangerous and 
65.6 	is later determined to not have an organic disorder of the brain or a substantial psychiatric 
65.7 	disorder of thought, mood, perception, orientation, or memory; and
65.8 	(9) evaluate and make statutory and funding recommendations for the voluntary return 
65.9 	of individuals civilly committed as mentally ill and dangerous to community facilities.
65.10 		Subd. 8.Report required. By August 1, 2025, the task force shall submit to the chairs 
65.11 	and ranking minority members of the legislative committees with jurisdiction over mentally 
65.12 	ill and dangerous civil commitments a written report that includes the outcome of the duties 
65.13 	in subdivision 7, including but not limited to recommended statutory changes.
65.14 		Subd. 9.Expiration. The task force expires January 1, 2026.

65.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

65.16 	Sec. 7. PRIORITY ADMISSIONS REVIEW PANEL.
 65.17 	(a) The commissioner shall appoint all members who served on the Task Force on Priority 
65.18 	Admissions to State-Operated Treatment Programs under Laws 2023, chapter 61, article 8, 
65.19 	section 13, subdivision 2, to the priority admissions review panel. The panel must:
65.20 	(1) evaluate the requirement under Minnesota Statutes, section 253B.10, subdivision 1, 
65.21 	paragraph (b), that patients being admitted from jail or a correctional institution be admitted 
65.22 	to a state-operated treatment program within 48 hours;
65.23 	(2) develop policy and legislative proposals related to the eventual expiration of the 
65.24 	48-hour timeline, prioritizing individuals based on medical need for admission into 
65.25 	state-operated treatment programs, minimizing litigation costs, maximizing capacity in and 
65.26 	access to state-operated treatment programs in order to implement admissions criteria passed 
65.27 	on medical need, and addressing issues related to individuals awaiting admission to 
65.28 	state-operated treatment programs in jails, correctional institutions, community hospitals, 
65.29 	and community settings; and
65.30 	(3) develop a plan to expand direct care and treatment capacity. The plan must include 
65.31 	clear definitions of what constitutes expanded capacity; an estimate of the capital, 
65.32 	administrative, staffing, and programmatic costs of expanding capacity; an expansion 
66.1 	implementation and workforce plan developed in consultation with the employees of direct 
66.2 	care and treatment; and a proposal for the expiration of the 48-hour rule contingent on 
66.3 	meeting a measurable capacity expansion goal.
66.4 	(b) By December 31, 2024, the review panel must submit a written report to the chairs 
66.5 	and ranking minority members of the legislative committees with jurisdiction over public 
66.6 	safety and human services finance and policy that includes legislative proposals to amend 
66.7 	Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b), to establish admissions 
66.8 	criteria to state-operated treatment programs based on medical need.
66.9 	(c) The panel appointed under paragraph (a) must also advise the commissioner on the 
66.10 	effectiveness of the framework and priority admissions generally and review de-identified 
66.11 	data quarterly for one year following the implementation of the priority admissions 
66.12 	framework to ensure that the framework is implemented and applied equitably. If the panel 
66.13 	requests to review data that is classified as private or confidential and the commissioner 
66.14 	determines the data requested is necessary for the scope of the panel's review, the 
66.15 	commissioner is authorized to disclose private or confidential data to the panel under this 
66.16 	paragraph and pursuant to Minnesota Statutes, section 13.05, subdivision 4, paragraph (b), 
66.17 	for private or confidential data collected prior to the effective date of this section.
66.18 	(d) After the panel completes its year of review, a quality committee established by the 
66.19 	Department of Direct Care and Treatment executive board will continue to review data, 
66.20 	seek input from counties, hospitals, community providers, and advocates, and provide a 
66.21 	routine report to the executive board on the effectiveness of the framework and priority 
66.22 	admissions.

66.23 	EFFECTIVE DATE. This section is effective July 1, 2024.

66.24 	ARTICLE 5
66.25 	DIRECT CARE AND TREATMENT

66.26 	Section 1. Minnesota Statutes 2023 Supplement, section 10.65, subdivision 2, is amended 
66.27 	to read:
66.28 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
66.29 	given:
66.30 	(1) "agency" means the Department of Administration; Department of Agriculture; 
66.31 	Department of Children, Youth, and Families; Department of Commerce; Department of 
66.32 	Corrections; Department of Education; Department of Employment and Economic 
66.33 	Development; Department of Health; Office of Higher Education; Housing Finance Agency; 
67.1 	Department of Human Rights; Department of Human Services; Department of Information 
67.2 	Technology Services; Department of Iron Range Resources and Rehabilitation; Department 
67.3 	of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services; 
67.4 	Department of Military Affairs; Metropolitan Council; Department of Natural Resources; 
67.5 	Pollution Control Agency; Department of Public Safety; Department of Revenue; Department 
67.6 	of Transportation; Department of Veterans Affairs; Direct Care and Treatment; Gambling 
67.7 	Control Board; Racing Commission; the Minnesota Lottery; the Animal Health Board; and 
67.8 	the Board of Water and Soil Resources;
67.9 	(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal 
67.10 	governments in the development of policy on matters that have Tribal implications. 
67.11 	Consultation is the proactive, affirmative process of identifying and seeking input from 
67.12 	appropriate Tribal governments and considering their interest as a necessary and integral 
67.13 	part of the decision-making process. This definition adds to statutorily mandated notification 
67.14 	procedures. During a consultation, the burden is on the agency to show that it has made a 
67.15 	good faith effort to elicit feedback. Consultation is a formal engagement between agency 
67.16 	officials and the governing body or bodies of an individual Minnesota Tribal government 
67.17 	that the agency or an individual Tribal government may initiate. Formal meetings or 
67.18 	communication between top agency officials and the governing body of a Minnesota Tribal 
67.19 	government is a necessary element of consultation;
67.20 	(3) "matters that have Tribal implications" means rules, legislative proposals, policy 
67.21 	statements, or other actions that have substantial direct effects on one or more Minnesota 
67.22 	Tribal governments, or on the distribution of power and responsibilities between the state 
67.23 	and Minnesota Tribal governments;
67.24 	(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located 
67.25 	in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech 
67.26 	Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian 
67.27 	Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; 
67.28 	and Upper Sioux Community; and
67.29 	(5) "timely and meaningful" means done or occurring at a favorable or useful time that 
67.30 	allows the result of consultation to be included in the agency's decision-making process for 
67.31 	a matter that has Tribal implications.

67.32 	EFFECTIVE DATE. This section is effective July 1, 2024.

68.1 	Sec. 2. Minnesota Statutes 2022, section 13.46, subdivision 1, as amended by Laws 2024, 
68.2 	chapter 79, article 9, section 1, and Laws 2024, chapter 80, article 8, section 1, is amended 
68.3 	to read:
68.4 		Subdivision 1.Definitions. As used in this section:
68.5 	(a) "Individual" means an individual according to section 13.02, subdivision 8, but does 
68.6 	not include a vendor of services.
68.7 	(b) "Program" includes all programs for which authority is vested in a component of the 
68.8 	welfare system according to statute or federal law, including but not limited to Native 
68.9 	American Tribe programs that provide a service component of the welfare system, the 
68.10 	Minnesota family investment program, medical assistance, general assistance, general 
68.11 	assistance medical care formerly codified in chapter 256D, the child care assistance program, 
68.12 	and child support collections.
68.13 	(c) "Welfare system" includes the Department of Human Services; the Department of
68.14 	Direct Care and Treatment; the Department of Children, Youth, and Families; local social 
68.15 	services agencies; county welfare agencies; county public health agencies; county veteran 
68.16 	services agencies; county housing agencies; private licensing agencies; the public authority 
68.17 	responsible for child support enforcement; human services boards; community mental health 
68.18 	center boards, state hospitals, state nursing homes, the ombudsman for mental health and 
68.19 	developmental disabilities; Native American Tribes to the extent a Tribe provides a service 
68.20 	component of the welfare system; and persons, agencies, institutions, organizations, and 
68.21 	other entities under contract to any of the above agencies to the extent specified in the 
68.22 	contract.
68.23 	(d) "Mental health data" means data on individual clients and patients of community 
68.24 	mental health centers, established under section 245.62, mental health divisions of counties 
68.25 	and other providers under contract to deliver mental health services, Department of Direct 
68.26 	Care and Treatment mental health services, or the ombudsman for mental health and 
68.27 	developmental disabilities.
68.28 	(e) "Fugitive felon" means a person who has been convicted of a felony and who has 
68.29 	escaped from confinement or violated the terms of probation or parole for that offense.
68.30 	(f) "Private licensing agency" means an agency licensed by the commissioner of children, 
68.31 	youth, and families under chapter 142B to perform the duties under section 142B.30.

68.32 	EFFECTIVE DATE. This section is effective July 1, 2024.

69.1 	Sec. 3. Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, as amended 
69.2 	by Laws 2024, chapter 80, article 8, section 2, is amended to read:
69.3 		Subd. 2.General. (a) Data on individuals collected, maintained, used, or disseminated 
69.4 	by the welfare system are private data on individuals, and shall not be disclosed except:
69.5 	(1) according to section 13.05;
69.6 	(2) according to court order;
69.7 	(3) according to a statute specifically authorizing access to the private data;
69.8 	(4) to an agent of the welfare system and an investigator acting on behalf of a county, 
69.9 	the state, or the federal government, including a law enforcement person or attorney in the 
69.10 	investigation or prosecution of a criminal, civil, or administrative proceeding relating to the 
69.11 	administration of a program;
69.12 	(5) to personnel of the welfare system who require the data to verify an individual's 
69.13 	identity; determine eligibility, amount of assistance, and the need to provide services to an 
69.14 	individual or family across programs; coordinate services for an individual or family; 
69.15 	evaluate the effectiveness of programs; assess parental contribution amounts; and investigate 
69.16 	suspected fraud;
69.17 	(6) to administer federal funds or programs;
69.18 	(7) between personnel of the welfare system working in the same program;
69.19 	(8) to the Department of Revenue to assess parental contribution amounts for purposes 
69.20 	of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs 
69.21 	and to identify individuals who may benefit from these programs, and prepare the databases 
69.22 	for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section 
69.23 	6. The following information may be disclosed under this paragraph: an individual's and 
69.24 	their dependent's names, dates of birth, Social Security or individual taxpayer identification 
69.25 	numbers, income, addresses, and other data as required, upon request by the Department 
69.26 	of Revenue. Disclosures by the commissioner of revenue to the commissioner of human 
69.27 	services for the purposes described in this clause are governed by section 270B.14, 
69.28 	subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent 
69.29 	care credit under section 290.067, the Minnesota working family credit under section 
69.30 	290.0671, the property tax refund under section 290A.04, and the Minnesota education 
69.31 	credit under section 290.0674;
70.1 	(9) between the Department of Human Services; the Department of Employment and 
70.2 	Economic Development; the Department of Children, Youth, and Families; Direct Care and 
70.3 	Treatment; and, when applicable, the Department of Education, for the following purposes:
70.4 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
70.5 	employment or training program administered, supervised, or certified by that agency;
70.6 	(ii) to administer any rehabilitation program or child care assistance program, whether 
70.7 	alone or in conjunction with the welfare system;
70.8 	(iii) to monitor and evaluate the Minnesota family investment program or the child care 
70.9 	assistance program by exchanging data on recipients and former recipients of Supplemental 
70.10 	Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D, 
70.11 	256J, or 256K, child care assistance under chapter 119B, medical programs under chapter 
70.12 	256B or 256L; and
70.13 	(iv) to analyze public assistance employment services and program utilization, cost, 
70.14 	effectiveness, and outcomes as implemented under the authority established in Title II, 
70.15 	Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. 
70.16 	Health records governed by sections 144.291 to 144.298 and "protected health information" 
70.17 	as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code 
70.18 	of Federal Regulations, title 45, parts 160-164, including health care claims utilization 
70.19 	information, must not be exchanged under this clause;
70.20 	(10) to appropriate parties in connection with an emergency if knowledge of the 
70.21 	information is necessary to protect the health or safety of the individual or other individuals 
70.22 	or persons;
70.23 	(11) data maintained by residential programs as defined in section 245A.02 may be 
70.24 	disclosed to the protection and advocacy system established in this state according to Part 
70.25 	C of Public Law 98-527 to protect the legal and human rights of persons with developmental 
70.26 	disabilities or other related conditions who live in residential facilities for these persons if 
70.27 	the protection and advocacy system receives a complaint by or on behalf of that person and 
70.28 	the person does not have a legal guardian or the state or a designee of the state is the legal 
70.29 	guardian of the person;
70.30 	(12) to the county medical examiner or the county coroner for identifying or locating 
70.31 	relatives or friends of a deceased person;
71.1 	(13) data on a child support obligor who makes payments to the public agency may be 
71.2 	disclosed to the Minnesota Office of Higher Education to the extent necessary to determine 
71.3 	eligibility under section 136A.121, subdivision 2, clause (5);
71.4 	(14) participant Social Security or individual taxpayer identification numbers and names 
71.5 	collected by the telephone assistance program may be disclosed to the Department of 
71.6 	Revenue to conduct an electronic data match with the property tax refund database to 
71.7 	determine eligibility under section 237.70, subdivision 4a;
71.8 	(15) the current address of a Minnesota family investment program participant may be 
71.9 	disclosed to law enforcement officers who provide the name of the participant and notify 
71.10 	the agency that:
71.11 	(i) the participant:
71.12 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
71.13 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
71.14 	jurisdiction from which the individual is fleeing; or
71.15 	(B) is violating a condition of probation or parole imposed under state or federal law;
71.16 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
71.17 	official duties; and
71.18 	(iii) the request is made in writing and in the proper exercise of those duties;
71.19 	(16) the current address of a recipient of general assistance may be disclosed to probation 
71.20 	officers and corrections agents who are supervising the recipient and to law enforcement 
71.21 	officers who are investigating the recipient in connection with a felony level offense;
71.22 	(17) information obtained from a SNAP applicant or recipient households may be 
71.23 	disclosed to local, state, or federal law enforcement officials, upon their written request, for 
71.24 	the purpose of investigating an alleged violation of the Food and Nutrition Act, according 
71.25 	to Code of Federal Regulations, title 7, section 272.1(c);
71.26 	(18) the address, Social Security or individual taxpayer identification number, and, if 
71.27 	available, photograph of any member of a household receiving SNAP benefits shall be made 
71.28 	available, on request, to a local, state, or federal law enforcement officer if the officer 
71.29 	furnishes the agency with the name of the member and notifies the agency that:
71.30 	(i) the member:
71.31 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
71.32 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
72.1 	(B) is violating a condition of probation or parole imposed under state or federal law; 
72.2 	or
72.3 	(C) has information that is necessary for the officer to conduct an official duty related 
72.4 	to conduct described in subitem (A) or (B);
72.5 	(ii) locating or apprehending the member is within the officer's official duties; and
72.6 	(iii) the request is made in writing and in the proper exercise of the officer's official duty;
72.7 	(19) the current address of a recipient of Minnesota family investment program, general 
72.8 	assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing, 
72.9 	provide the name of the recipient and notify the agency that the recipient is a person required 
72.10 	to register under section 243.166, but is not residing at the address at which the recipient is 
72.11 	registered under section 243.166;
72.12 	(20) certain information regarding child support obligors who are in arrears may be 
72.13 	made public according to section 518A.74;
72.14 	(21) data on child support payments made by a child support obligor and data on the 
72.15 	distribution of those payments excluding identifying information on obligees may be 
72.16 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
72.17 	actions undertaken by the public authority, the status of those actions, and data on the income 
72.18 	of the obligor or obligee may be disclosed to the other party;
72.19 	(22) data in the work reporting system may be disclosed under section 256.998, 
72.20 	subdivision 7;
72.21 	(23) to the Department of Education for the purpose of matching Department of Education 
72.22 	student data with public assistance data to determine students eligible for free and 
72.23 	reduced-price meals, meal supplements, and free milk according to United States Code, 
72.24 	title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state 
72.25 	funds that are distributed based on income of the student's family; and to verify receipt of 
72.26 	energy assistance for the telephone assistance plan;
72.27 	(24) the current address and telephone number of program recipients and emergency 
72.28 	contacts may be released to the commissioner of health or a community health board as 
72.29 	defined in section 145A.02, subdivision 5, when the commissioner or community health 
72.30 	board has reason to believe that a program recipient is a disease case, carrier, suspect case, 
72.31 	or at risk of illness, and the data are necessary to locate the person;
72.32 	(25) to other state agencies, statewide systems, and political subdivisions of this state, 
72.33 	including the attorney general, and agencies of other states, interstate information networks, 
73.1 	federal agencies, and other entities as required by federal regulation or law for the 
73.2 	administration of the child support enforcement program;
73.3 	(26) to personnel of public assistance programs as defined in section 256.741, for access 
73.4 	to the child support system database for the purpose of administration, including monitoring 
73.5 	and evaluation of those public assistance programs;
73.6 	(27) to monitor and evaluate the Minnesota family investment program by exchanging 
73.7 	data between the Departments of Human Services; Children, Youth, and Families; and 
73.8 	Education, on recipients and former recipients of SNAP benefits, cash assistance under 
73.9 	chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical 
73.10 	programs under chapter 256B or 256L, or a medical program formerly codified under chapter 
73.11 	256D;
73.12 	(28) to evaluate child support program performance and to identify and prevent fraud 
73.13 	in the child support program by exchanging data between the Department of Human Services; 
73.14 	Department of Children, Youth, and Families; Department of Revenue under section 270B.14, 
73.15 	subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph 
73.16 	(c); Department of Health; Department of Employment and Economic Development; and 
73.17 	other state agencies as is reasonably necessary to perform these functions;
73.18 	(29) counties and the Department of Children, Youth, and Families operating child care 
73.19 	assistance programs under chapter 119B may disseminate data on program participants, 
73.20 	applicants, and providers to the commissioner of education;
73.21 	(30) child support data on the child, the parents, and relatives of the child may be 
73.22 	disclosed to agencies administering programs under titles IV-B and IV-E of the Social 
73.23 	Security Act, as authorized by federal law;
73.24 	(31) to a health care provider governed by sections 144.291 to 144.298, to the extent 
73.25 	necessary to coordinate services;
73.26 	(32) to the chief administrative officer of a school to coordinate services for a student 
73.27 	and family; data that may be disclosed under this clause are limited to name, date of birth, 
73.28 	gender, and address;
73.29 	(33) to county correctional agencies to the extent necessary to coordinate services and 
73.30 	diversion programs; data that may be disclosed under this clause are limited to name, client 
73.31 	demographics, program, case status, and county worker information; or
73.32 	(34) between the Department of Human Services and the Metropolitan Council for the 
73.33 	following purposes:
74.1 	(i) to coordinate special transportation service provided under section 473.386 with 
74.2 	services for people with disabilities and elderly individuals funded by or through the 
74.3 	Department of Human Services; and
74.4 	(ii) to provide for reimbursement of special transportation service provided under section 
74.5 	473.386.
74.6 	The data that may be shared under this clause are limited to the individual's first, last, and 
74.7 	middle names; date of birth; residential address; and program eligibility status with expiration 
74.8 	date for the purposes of informing the other party of program eligibility.
74.9 	(b) Information on persons who have been treated for substance use disorder may only 
74.10 	be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 
74.11 	2.1 to 2.67.
74.12 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), 
74.13 	(17), or (18), or paragraph (b), are investigative data and are confidential or protected 
74.14 	nonpublic while the investigation is active. The data are private after the investigation 
74.15 	becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
74.16 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 
74.17 	not subject to the access provisions of subdivision 10, paragraph (b).
74.18 	For the purposes of this subdivision, a request will be deemed to be made in writing if 
74.19 	made through a computer interface system.

74.20 	EFFECTIVE DATE. This section is effective July 1, 2024.

74.21 	Sec. 4. Minnesota Statutes 2022, section 13.46, subdivision 10, as amended by Laws 2024, 
74.22 	chapter 79, article 9, section 2, is amended to read:
74.23 		Subd. 10.Responsible authority. (a) Notwithstanding any other provision of this chapter 
74.24 	to the contrary, the responsible authority for each component of the welfare system listed 
74.25 	in subdivision 1, clause (c), shall be as follows:
74.26 	(1) the responsible authority for the Department of Human Services is the commissioner 
74.27 	of human services;
74.28 	(2) the responsible authority of a county welfare agency is the director of the county 
74.29 	welfare agency;
74.30 	(3) the responsible authority for a local social services agency, human services board, 
74.31 	or community mental health center board is the chair of the board;
75.1 	(4) the responsible authority of any person, agency, institution, organization, or other 
75.2 	entity under contract to any of the components of the welfare system listed in subdivision 
75.3 	1, clause (c), is the person specified in the contract;
75.4 	(5) the responsible authority of the public authority for child support enforcement is the 
75.5 	head of the public authority for child support enforcement;
75.6 	(6) the responsible authority for county veteran services is the county veterans service 
75.7 	officer pursuant to section 197.603, subdivision 2; and
75.8 	(7) the responsible authority for the Department of Direct Care and Treatment is the 
75.9 	chief executive officer of Direct Care and Treatment executive board.
75.10 	(b) A responsible authority shall allow another responsible authority in the welfare 
75.11 	system access to data classified as not public data when access is necessary for the 
75.12 	administration and management of programs, or as authorized or required by statute or 
75.13 	federal law.

75.14 	EFFECTIVE DATE. This section is effective July 1, 2024.

75.15 	Sec. 5. Minnesota Statutes 2023 Supplement, section 15.01, is amended to read:
75.16 	15.01 DEPARTMENTS OF THE STATE.
75.17 	The following agencies are designated as the departments of the state government: the 
75.18 	Department of Administration; the Department of Agriculture; the Department of Children, 
75.19 	Youth, and Families; the Department of Commerce; the Department of Corrections; the 
75.20 	Department of Direct Care and Treatment; the Department of Education; the Department 
75.21 	of Employment and Economic Development; the Department of Health; the Department of 
75.22 	Human Rights; the Department of Human Services; the Department of Information 
75.23 	Technology Services; the Department of Iron Range Resources and Rehabilitation; the 
75.24 	Department of Labor and Industry; the Department of Management and Budget; the 
75.25 	Department of Military Affairs; the Department of Natural Resources; the Department of 
75.26 	Public Safety; the Department of Revenue; the Department of Transportation; the Department 
75.27 	of Veterans Affairs; and their successor departments.

75.28 	EFFECTIVE DATE. This section is effective July 1, 2024.

76.1 	Sec. 6. Minnesota Statutes 2023 Supplement, section 15.06, subdivision 1, is amended to 
76.2 	read:
76.3 		Subdivision 1.Applicability. This section applies to the following departments or 
76.4 	agencies: the Departments of Administration; Agriculture; Children, Youth, and Families; 
76.5 	Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic 
76.6 	Development; Health; Human Rights; Human Services; Labor and Industry; Management 
76.7 	and Budget; Natural Resources; Public Safety; Revenue; Transportation; and Veterans 
76.8 	Affairs; the Housing Finance and Pollution Control Agencies; the Office of Commissioner 
76.9 	of Iron Range Resources and Rehabilitation; the Department of Information Technology 
76.10 	Services; the Bureau of Mediation Services; and their successor departments and agencies. 
76.11 	The heads of the foregoing departments or agencies are "commissioners."

76.12 	EFFECTIVE DATE. This section is effective July 1, 2024.

76.13 	Sec. 7. Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is amended 
76.14 	to read:
76.15 		Subd. 2.Agency head salaries. The salary for a position listed in this subdivision shall 
76.16 	be determined by the Compensation Council under section 15A.082. The commissioner of 
76.17 	management and budget must publish the salaries on the department's website. This 
76.18 	subdivision applies to the following positions:
76.19 	Commissioner of administration;
76.20 	Commissioner of agriculture;
76.21 	Commissioner of education;
76.22 	Commissioner of children, youth, and families;
76.23 	Commissioner of commerce;
76.24 	Commissioner of corrections;
76.25 	Commissioner of health;
76.26 	Commissioner, Minnesota Office of Higher Education;
76.27 	Commissioner, Minnesota IT Services;
76.28 	Commissioner, Housing Finance Agency;
76.29 	Commissioner of human rights;
76.30 	Commissioner of human services;
77.1 	Commissioner of labor and industry;
77.2 	Commissioner of management and budget;
77.3 	Commissioner of natural resources;
77.4 	Commissioner, Pollution Control Agency;
77.5 	Commissioner of public safety;
77.6 	Commissioner of revenue;
77.7 	Commissioner of employment and economic development;
77.8 	Commissioner of transportation;
77.9 	Commissioner of veterans affairs;
77.10 	Executive director of the Gambling Control Board;
77.11 	Executive director of the Minnesota State Lottery;
77.12 	Commissioner of Iron Range resources and rehabilitation;
77.13 	Commissioner, Bureau of Mediation Services;
77.14 	Ombudsman for mental health and developmental disabilities;
77.15 	Ombudsperson for corrections;
77.16 	Chair, Metropolitan Council;
77.17 	Chair, Metropolitan Airports Commission;
77.18 	School trust lands director;
77.19 	Executive director of pari-mutuel racing; and
77.20 	Commissioner, Public Utilities Commission; and
77.21 	Chief Executive Officer, Direct Care and Treatment.

77.22 	Sec. 8. Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 1, is amended 
77.23 	to read:
77.24 		Subdivision 1.Creation. A Compensation Council is created each odd-numbered year 
77.25 	to establish the compensation of constitutional officers and the heads of state and metropolitan 
77.26 	agencies identified in section 15A.0815, and to assist the legislature in establishing the 
77.27 	compensation of justices of the supreme court and judges of the court of appeals and district 
78.1 	court, and to determine the daily compensation for voting members of the Direct Care and 
78.2 	Treatment executive board.

78.3 	Sec. 9. Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 3, is amended 
78.4 	to read:
78.5 		Subd. 3.Submission of recommendations and determination. (a) By April 1 in each 
78.6 	odd-numbered year, the Compensation Council shall submit to the speaker of the house and 
78.7 	the president of the senate salary recommendations for justices of the supreme court, and 
78.8 	judges of the court of appeals and district court. The recommended salaries take effect on 
78.9 	July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
78.10 	the council recommends thereafter, unless the legislature by law provides otherwise. The 
78.11 	salary recommendations take effect if an appropriation of money to pay the recommended 
78.12 	salaries is enacted after the recommendations are submitted and before their effective date. 
78.13 	Recommendations may be expressly modified or rejected.
78.14 	(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
78.15 	salaries for constitutional officers, and for the agency and metropolitan agency heads 
78.16 	identified in section 15A.0815. The prescribed salary for each office must take effect July 
78.17 	1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
78.18 	the council determines thereafter, unless the legislature by law provides otherwise. An 
78.19 	appropriation by the legislature to fund the relevant office, branch, or agency of an amount 
78.20 	sufficient to pay the salaries prescribed by the council constitutes a prescription by law as 
78.21 	provided in the Minnesota Constitution, article V, sections 4 and 5.
78.22 	(c) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
78.23 	daily compensation for voting members of the Direct Care and Treatment executive board. 
78.24 	The recommended daily compensation takes effect on July 1 of that year and July 1 of the 
78.25 	subsequent even-numbered year and at whatever interval the council recommends thereafter, 
78.26 	unless the legislature by law provides otherwise.

78.27 	Sec. 10. Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 7, is amended 
78.28 	to read:
78.29 		Subd. 7.No ex parte communications. Members may not have any communication 
78.30 	with a constitutional officer, a head of a state agency, or a member of the judiciary, or a 
78.31 	member of the Direct Care and Treatment executive board during the period after the first 
78.32 	meeting is convened under this section and the date the prescribed and recommended salaries
78.33 	and daily compensation are submitted under subdivision 3.

79.1 	Sec. 11. Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1, is amended 
79.2 	to read:
79.3 		Subdivision 1.Unclassified positions.  Unclassified positions are held by employees 
79.4 	who are:
79.5 	(1) chosen by election or appointed to fill an elective office;
79.6 	(2) heads of agencies required by law to be appointed by the governor or other elective 
79.7 	officers, and the executive or administrative heads of departments, bureaus, divisions, and 
79.8 	institutions specifically established by law in the unclassified service;
79.9 	(3) deputy and assistant agency heads and one confidential secretary in the agencies 
79.10 	listed in subdivision 1a;
79.11 	(4) the confidential secretary to each of the elective officers of this state and, for the 
79.12 	secretary of state and state auditor, an additional deputy, clerk, or employee;
79.13 	(5) intermittent help employed by the commissioner of public safety to assist in the 
79.14 	issuance of vehicle licenses;
79.15 	(6) employees in the offices of the governor and of the lieutenant governor and one 
79.16 	confidential employee for the governor in the Office of the Adjutant General;
79.17 	(7) employees of the Washington, D.C., office of the state of Minnesota;
79.18 	(8) employees of the legislature and of legislative committees or commissions; provided 
79.19 	that employees of the Legislative Audit Commission, except for the legislative auditor, the 
79.20 	deputy legislative auditors, and their confidential secretaries, shall be employees in the 
79.21 	classified service;
79.22 	(9) presidents, vice-presidents, deans, other managers and professionals in academic 
79.23 	and academic support programs, administrative or service faculty, teachers, research 
79.24 	assistants, and student employees eligible under terms of the federal Economic Opportunity 
79.25 	Act work study program in the Perpich Center for Arts Education and the Minnesota State 
79.26 	Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any 
79.27 	professional or managerial employee performing duties in connection with the business 
79.28 	administration of these institutions;
79.29 	(10) officers and enlisted persons in the National Guard;
79.30 	(11) attorneys, legal assistants, and three confidential employees appointed by the attorney 
79.31 	general or employed with the attorney general's authorization;
80.1 	(12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
80.2 	notaries public, except referees and adjusters employed by the Department of Labor and 
80.3 	Industry;
80.4 	(13) members of the State Patrol; provided that selection and appointment of State Patrol 
80.5 	troopers must be made in accordance with applicable laws governing the classified service;
80.6 	(14) examination monitors and intermittent training instructors employed by the 
80.7 	Departments of Management and Budget and Commerce and by professional examining 
80.8 	boards and intermittent staff employed by the technical colleges for the administration of 
80.9 	practical skills tests and for the staging of instructional demonstrations;
80.10 	(15) student workers;
80.11 	(16) executive directors or executive secretaries appointed by and reporting to any 
80.12 	policy-making board or commission established by statute;
80.13 	(17) employees unclassified pursuant to other statutory authority;
80.14 	(18) intermittent help employed by the commissioner of agriculture to perform duties 
80.15 	relating to pesticides, fertilizer, and seed regulation; and
80.16 	(19) the administrators and the deputy administrators at the State Academies for the 
80.17 	Deaf and the Blind; and.
80.18 	(20) chief executive officers in the Department of Human Services.

80.19 	EFFECTIVE DATE. This section is effective July 1, 2025.

80.20 	Sec. 12. Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1a, is amended 
80.21 	to read:
80.22 		Subd. 1a.Additional unclassified positions. Appointing authorities for the following 
80.23 	agencies may designate additional unclassified positions according to this subdivision: the 
80.24 	Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; 
80.25 	Corrections; Direct Care and Treatment; Education; Employment and Economic 
80.26 	Development; Explore Minnesota Tourism; Management and Budget; Health; Human 
80.27 	Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue; 
80.28 	Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; 
80.29 	the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the 
80.30 	Department of Information Technology Services; the Offices of the Attorney General, 
80.31 	Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the 
81.1 	Minnesota Office of Higher Education; the Perpich Center for Arts Education; Direct Care 
81.2 	and Treatment; and the Minnesota Zoological Board.
81.3 	A position designated by an appointing authority according to this subdivision must 
81.4 	meet the following standards and criteria:
81.5 	(1) the designation of the position would not be contrary to other law relating specifically 
81.6 	to that agency;
81.7 	(2) the person occupying the position would report directly to the agency head or deputy 
81.8 	agency head and would be designated as part of the agency head's management team;
81.9 	(3) the duties of the position would involve significant discretion and substantial 
81.10 	involvement in the development, interpretation, and implementation of agency policy;
81.11 	(4) the duties of the position would not require primarily personnel, accounting, or other 
81.12 	technical expertise where continuity in the position would be important;
81.13 	(5) there would be a need for the person occupying the position to be accountable to, 
81.14 	loyal to, and compatible with, the governor and the agency head, the employing statutory 
81.15 	board or commission, or the employing constitutional officer;
81.16 	(6) the position would be at the level of division or bureau director or assistant to the 
81.17 	agency head; and
81.18 	(7) the commissioner has approved the designation as being consistent with the standards 
81.19 	and criteria in this subdivision.

81.20 	EFFECTIVE DATE. This section is effective July 1, 2024.

81.21 	Sec. 13. Minnesota Statutes 2022, section 145.61, subdivision 5, is amended to read:
81.22 		Subd. 5.Review organization. "Review organization" means a nonprofit organization 
81.23 	acting according to clause (l), a committee as defined under section 144E.32, subdivision 
81.24 	2, or a committee whose membership is limited to professionals, administrative staff, and 
81.25 	consumer directors, except where otherwise provided for by state or federal law, and which 
81.26 	is established by one or more of the following: a hospital, a clinic, a nursing home, an 
81.27 	ambulance service or first responder service regulated under chapter 144E, one or more 
81.28 	state or local associations of professionals, an organization of professionals from a particular 
81.29 	area or medical institution, a health maintenance organization as defined in chapter 62D, a 
81.30 	community integrated service network as defined in chapter 62N, a nonprofit health service 
81.31 	plan corporation as defined in chapter 62C, a preferred provider organization, a professional 
81.32 	standards review organization established pursuant to United States Code, title 42, section 
82.1 	1320c-1 et seq., a medical review agent established to meet the requirements of section 
82.2 	256B.04, subdivision 15, the Department of Human Services, Direct Care and Treatment, 
82.3 	or a nonprofit corporation that owns, operates, or is established by one or more of the above 
82.4 	referenced entities, to gather and review information relating to the care and treatment of 
82.5 	patients for the purposes of:
82.6 	(a) evaluating and improving the quality of health care;
82.7 	(b) reducing morbidity or mortality;
82.8 	(c) obtaining and disseminating statistics and information relative to the treatment and 
82.9 	prevention of diseases, illness and injuries;
82.10 	(d) developing and publishing guidelines showing the norms of health care in the area 
82.11 	or medical institution or in the entity or organization that established the review organization;
82.12 	(e) developing and publishing guidelines designed to keep within reasonable bounds the 
82.13 	cost of health care;
82.14 	(f) developing and publishing guidelines designed to improve the safety of care provided 
82.15 	to individuals;
82.16 	(g) reviewing the safety, quality, or cost of health care services provided to enrollees of 
82.17 	health maintenance organizations, community integrated service networks, health service 
82.18 	plans, preferred provider organizations, and insurance companies;
82.19 	(h) acting as a professional standards review organization pursuant to United States 
82.20 	Code, title 42, section 1320c-1 et seq.;
82.21 	(i) determining whether a professional shall be granted staff privileges in a medical 
82.22 	institution, membership in a state or local association of professionals, or participating status 
82.23 	in a nonprofit health service plan corporation, health maintenance organization, community 
82.24 	integrated service network, preferred provider organization, or insurance company, or 
82.25 	whether a professional's staff privileges, membership, or participation status should be 
82.26 	limited, suspended or revoked;
82.27 	(j) reviewing, ruling on, or advising on controversies, disputes or questions between:
82.28 	(1) health insurance carriers, nonprofit health service plan corporations, health 
82.29 	maintenance organizations, community integrated service networks, self-insurers and their 
82.30 	insureds, subscribers, enrollees, or other covered persons;
82.31 	(2) professional licensing boards and health providers licensed by them;
83.1 	(3) professionals and their patients concerning diagnosis, treatment or care, or the charges 
83.2 	or fees therefor;
83.3 	(4) professionals and health insurance carriers, nonprofit health service plan corporations, 
83.4 	health maintenance organizations, community integrated service networks, or self-insurers 
83.5 	concerning a charge or fee for health care services provided to an insured, subscriber, 
83.6 	enrollee, or other covered person;
83.7 	(5) professionals or their patients and the federal, state, or local government, or agencies 
83.8 	thereof;
83.9 	(k) providing underwriting assistance in connection with professional liability insurance 
83.10 	coverage applied for or obtained by dentists, or providing assistance to underwriters in 
83.11 	evaluating claims against dentists;
83.12 	(l) acting as a medical review agent under section 256B.04, subdivision 15;
83.13 	(m) providing recommendations on the medical necessity of a health service, or the 
83.14 	relevant prevailing community standard for a health service;
83.15 	(n) providing quality assurance as required by United States Code, title 42, sections 
83.16 	1396r(b)(1)(b) and 1395i-3(b)(1)(b) of the Social Security Act;
83.17 	(o) providing information to group purchasers of health care services when that 
83.18 	information was originally generated within the review organization for a purpose specified 
83.19 	by this subdivision;
83.20 	(p) providing information to other, affiliated or nonaffiliated review organizations, when 
83.21 	that information was originally generated within the review organization for a purpose 
83.22 	specified by this subdivision, and as long as that information will further the purposes of a 
83.23 	review organization as specified by this subdivision; or
83.24 	(q) participating in a standardized incident reporting system, including Internet-based 
83.25 	applications, to share information for the purpose of identifying and analyzing trends in 
83.26 	medical error and iatrogenic injury.

83.27 	EFFECTIVE DATE. This section is effective July 1, 2024.

83.28 	Sec. 14. Minnesota Statutes 2022, section 246.018, subdivision 3, as amended by Laws 
83.29 	2024, chapter 79, article 1, section 6, is amended to read:
83.30 		Subd. 3.Duties. The executive medical director shall:
84.1 	(1) oversee the clinical provision of inpatient mental health services provided in the 
84.2 	state's regional treatment centers;
84.3 	(2) recruit and retain psychiatrists to serve on the direct care and treatment medical staff 
84.4 	established in subdivision 4;
84.5 	(3) consult with the executive board, the chief executive officer, and community mental 
84.6 	health center directors, and the state-operated services governing body to develop standards 
84.7 	for treatment and care of patients in state-operated service programs;
84.8 	(4) develop and oversee a continuing education program for members of the medical 
84.9 	staff; and
84.10 	(5) participate and cooperate in the development and maintenance of a quality assurance 
84.11 	program for state-operated services that assures that residents receive continuous quality 
84.12 	inpatient, outpatient, and postdischarge care.

84.13 	EFFECTIVE DATE. This section is effective July 1, 2024.

84.14 	Sec. 15. Minnesota Statutes 2022, section 246.13, subdivision 2, as amended by Laws 
84.15 	2024, chapter 79, article 2, section 4, is amended to read:
84.16 		Subd. 2.Definitions; risk assessment and management. (a) As used in this section:
84.17 	(1) "appropriate and necessary medical and other records" includes patient medical 
84.18 	records and other protected health information as defined by Code of Federal Regulations, 
84.19 	title 45, section 164.501, relating to a patient in a state-operated services facility including 
84.20 	but not limited to the patient's treatment plan and abuse prevention plan pertinent to the 
84.21 	patient's ongoing care, treatment, or placement in a community-based treatment facility or 
84.22 	a health care facility that is not operated by state-operated services, including information 
84.23 	describing the level of risk posed by a patient when the patient enters the facility;
84.24 	(2) "community-based treatment" means the community support services listed in section 
84.25 	253B.02, subdivision 4b;
84.26 	(3) "criminal history data" means data maintained or used by the Departments of 
84.27 	Corrections and Public Safety and by the supervisory authorities listed in section 13.84, 
84.28 	subdivision 1, that relate to an individual's criminal history or propensity for violence, 
84.29 	including data in the:
84.30 	(i) Corrections Offender Management System (COMS);
84.31 	(ii) Statewide Supervision System (S3);
85.1 	(iii) Bureau of Criminal Apprehension criminal history data as defined in section 13.87;
85.2 	(iv) Integrated Search Service as defined in section 13.873; and
85.3 	(v) Predatory Offender Registration (POR) system;
85.4 	(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
85.5 	(5) "law enforcement agency" means the law enforcement agency having primary 
85.6 	jurisdiction over the location where the offender expects to reside upon release;
85.7 	(6) "predatory offender" and "offender" mean a person who is required to register as a 
85.8 	predatory offender under section 243.166; and
85.9 	(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
85.10 	(b) To promote public safety and for the purposes and subject to the requirements of 
85.11 	this paragraph, the executive board or the executive board's designee shall have access to, 
85.12 	and may review and disclose, medical and criminal history data as provided by this section, 
85.13 	as necessary to comply with Minnesota Rules, part 1205.0400, to:
85.14 	(1) determine whether a patient is required under state law to register as a predatory 
85.15 	offender according to section 243.166;
85.16 	(2) facilitate and expedite the responsibilities of the special review board and 
85.17 	end-of-confinement review committees by corrections institutions and state treatment 
85.18 	facilities;
85.19 	(3) prepare, amend, or revise the abuse prevention plans required under section 626.557, 
85.20 	subdivision 14, and individual patient treatment plans required under section 253B.03, 
85.21 	subdivision 7;
85.22 	(4) facilitate the custody, supervision, and transport of individuals transferred between 
85.23 	the Department of Corrections and the Department of Direct Care and Treatment; and
85.24 	(5) effectively monitor and supervise individuals who are under the authority of the 
85.25 	Department of Corrections, the Department of Direct Care and Treatment, and the supervisory 
85.26 	authorities listed in section 13.84, subdivision 1.
85.27 	(c) The state-operated services treatment facility or a designee must make a good faith 
85.28 	effort to obtain written authorization from the patient before releasing information from the 
85.29 	patient's medical record.
85.30 	(d) If the patient refuses or is unable to give informed consent to authorize the release 
85.31 	of information required under this subdivision, the chief executive officer for state-operated 
86.1 	services or a designee shall provide the appropriate and necessary medical and other records. 
86.2 	The chief executive officer or a designee shall comply with the minimum necessary privacy 
86.3 	requirements.
86.4 	(e) The executive board may have access to the National Crime Information Center 
86.5 	(NCIC) database through the Department of Public Safety in support of the public safety 
86.6 	functions described in paragraph (b).

86.7 	EFFECTIVE DATE. This section is effective July 1, 2024.

86.8 	Sec. 16. Minnesota Statutes 2022, section 246.234, as amended by Laws 2024, chapter 
86.9 	79, article 1, section 11, is amended to read:
86.10 	246.234 RECIPROCAL EXCHANGE OF CERTAIN PERSONS.
86.11 	The executive board is hereby authorized with the approval of the governor to enter into 
86.12 	reciprocal agreements with duly authorized authorities of any other another state or states 
86.13 	regarding the mutual exchange, return, and transportation of persons with a mental illness 
86.14 	or developmental disability who are within the confines of one state but have legal residence 
86.15 	or legal settlement for the purposes of relief in another state. Such agreements Any agreement 
86.16 	entered into under this subdivision must not contain provisions conflicting any provision 
86.17 	that conflicts with any law of this state law.

86.18 	EFFECTIVE DATE. This section is effective July 1, 2024.

86.19 	Sec. 17. Minnesota Statutes 2022, section 246.36, as amended by Laws 2024, chapter 79, 
86.20 	article 1, section 14, is amended to read:
86.21 	246.36 ACCEPTANCE OF VOLUNTARY, UNCOMPENSATED SERVICES.
86.22 	For the purpose of carrying out a duty, the executive board shall have authority to may
86.23 	accept uncompensated and voluntary services and to may enter into contracts or agreements 
86.24 	with private or public agencies, organizations, or persons for uncompensated and voluntary 
86.25 	services as the executive board deems practicable. Uncompensated and voluntary services 
86.26 	do not include services mandated by licensure and certification requirements for health care 
86.27 	facilities. The volunteer agencies, organizations, or persons who provide services to residents 
86.28 	of state facilities operated under the authority of the executive board are not subject to the 
86.29 	procurement requirements of chapters 16A and 16C. The agencies, organizations, or persons 
86.30 	may purchase supplies, services, and equipment to be used in providing services to residents 
86.31 	of state facilities through the Department of Administration.

86.32 	EFFECTIVE DATE. This section is effective July 1, 2024.

87.1 	Sec. 18. Minnesota Statutes 2023 Supplement, section 246C.01, is amended to read:
87.2 	246C.01 TITLE.
87.3 	This chapter may be cited as the "Department of Direct Care and Treatment Act."

87.4 	EFFECTIVE DATE. This section is effective July 1, 2024.

87.5 	Sec. 19. Minnesota Statutes 2023 Supplement, section 246C.02, as amended by Laws 
87.6 	2024, chapter 79, article 1, section 19, is amended to read:
87.7 	246C.02 DEPARTMENT OF DIRECT CARE AND TREATMENT; 
87.8 	ESTABLISHMENT.
87.9 		Subdivision 1.Establishment. The Department of Direct Care and Treatment is created
87.10 	as an agency headed by an executive board. An executive board shall head the Department 
87.11 	of Direct Care and Treatment.
87.12 		Subd. 2.Mission. (a) The executive board shall develop and maintain direct care and 
87.13 	treatment in a manner consistent with applicable law, including chapters 13, 245, 246, 246B, 
87.14 	252, 253, 253B, 253C, 253D, 254A, 254B, and 256.
87.15 	(b) The executive board shall provide direct care and treatment services in coordination 
87.16 	with the commissioner of human services, counties, and other vendors.
87.17 		Subd. 3.Direct care and treatment services. Direct Care and Treatment services shall 
87.18 	provide direct care and treatment services that include specialized inpatient programs at 
87.19 	secure treatment facilities, community preparation services, regional treatment centers, 
87.20 	enterprise services, consultative services, aftercare services, community-based services and 
87.21 	programs, transition services, nursing home services, and other services consistent with the 
87.22 	mission of the Department of Direct Care and Treatment state law, including this chapter 
87.23 	and chapters 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256. Direct 
87.24 	Care and Treatment shall provide direct care and treatment services in coordination with 
87.25 	the commissioner of human services, counties, and other vendors.
87.26 		Subd. 4.Statewide services. (a) The administrative structure of state-operated services 
87.27 	must be statewide in character.
87.28 	(b) The state-operated services staff may deliver services at any location throughout the 
87.29 	state.
87.30 		Subd. 5.Department of Human Services as state agency. The commissioner of human 
87.31 	services continues to constitute the "state agency" as defined by the Social Security Act of 
88.1 	the United States and the laws of this state for all purposes relating to mental health and 
88.2 	mental hygiene.

88.3 	EFFECTIVE DATE. This section is effective July 1, 2024.

88.4 	Sec. 20. Minnesota Statutes 2023 Supplement, section 246C.04, as amended by Laws 
88.5 	2024, chapter 79, article 1, section 21, is amended to read:
88.6 	246C.04 TRANSFER OF DUTIES.
88.7 		Subdivision 1.Transfer of duties. (a) Section 15.039 applies to the transfer of duties
88.8 	responsibilities from the Department of Human Services to Direct Care and Treatment
88.9 	required by this chapter.
88.10 	(b) The commissioner of administration, with the governor's approval, shall issue 
88.11 	reorganization orders under section 16B.37 as necessary to carry out the transfer of duties 
88.12 	required by section 246C.03 this chapter. The provision of section 16B.37, subdivision 1, 
88.13 	stating that transfers under section 16B.37 may only be to an agency that has existed for at 
88.14 	least one year does not apply to transfers to an agency created by this chapter.
88.15 	(c) The initial salary for the health systems chief executive officer of the Department of 
88.16 	Direct Care and Treatment is the same as the salary for the health systems chief executive 
88.17 	officer of direct care and treatment at the Department of Human Services immediately before 
88.18 	July 1, 2024.
88.19 		Subd. 2.Transfer of custody of civilly committed persons. The commissioner of 
88.20 	human services shall continue to exercise all authority and responsibility for and retain 
88.21 	custody of persons subject to civil commitment under chapter 253B or 253D until July 1, 
88.22 	2025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter 
88.23 	253B or 253D and in the custody of the commissioner of human services as of that date is 
88.24 	hereby transferred to the executive board without any further act or proceeding. Authority 
88.25 	and responsibility for the commitment of such persons is transferred to the executive board
88.26 	July 1, 2025.
88.27 		Subd. 3.Control of direct care and treatment. The commissioner of human services 
88.28 	shall continue to exercise all authorities and responsibilities under this chapter and chapters 
88.29 	13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to 
88.30 	any state-operated service, program, or facility subject to transfer under this act until July 
88.31 	1, 2025. Effective July 1, 2025, the powers and duties vested in or imposed upon the 
88.32 	commissioner of human services with reference to any state-operated service, program, or 
88.33 	facility are hereby transferred to, vested in, and imposed upon the executive board according 
89.1 	to this chapter and applicable state law. Effective July 1, 2025, the executive board is hereby 
89.2 	charged with and has the exclusive power of administration and management of all state 
89.3 	hospitals for persons with a developmental disability, mental illness, or substance use 
89.4 	disorder. Effective July 1, 2025, the executive board has the power and authority to determine 
89.5 	all matters relating to the development of all of the foregoing institutions and of such other 
89.6 	institutions vested in the executive board. Effective July 1, 2025, the powers, functions, and 
89.7 	authority vested in the commissioner of human services relative to such state institutions 
89.8 	are hereby transferred to the executive board according to this chapter and applicable state 
89.9 	law.
89.10 		Subd. 4.Appropriations. There is hereby appropriated to such persons or institutions 
89.11 	as are entitled to such sums as are provided for in this section, from the fund or account in 
89.12 	the state treasury to which the money was credited, an amount sufficient to make such 
89.13 	payment.

89.14 	EFFECTIVE DATE. This section is effective July 1, 2024.

89.15 	Sec. 21. Minnesota Statutes 2023 Supplement, section 246C.05, as amended by Laws 
89.16 	2024, chapter 79, article 1, section 22, is amended to read:
89.17 	246C.05 EMPLOYEE PROTECTIONS FOR ESTABLISHING THE NEW 
89.18 	DEPARTMENT OF DIRECT CARE AND TREATMENT.
89.19 	(a) Personnel whose duties relate to the functions assigned to the executive board in 
89.20 	section 246C.03 this chapter are transferred to the Department of Direct Care and Treatment 
89.21 	effective 30 days after approval by the commissioner of management and budget.
89.22 	(b) Before the executive board is appointed, personnel whose duties relate to the functions 
89.23 	in this section chapter may be transferred beginning July 1, 2024, with 30 days' notice from 
89.24 	the commissioner of management and budget.
89.25 	(c) The following protections shall apply to employees who are transferred from the 
89.26 	Department of Human Services to the Department of Direct Care and Treatment:
89.27 	(1) No transferred employee other than the chief executive officer shall have their 
89.28 	employment status and job classification altered as a result of the transfer.
89.29 	(2) Transferred employees who were represented by an exclusive representative prior 
89.30 	to the transfer shall continue to be represented by the same exclusive representative after 
89.31 	the transfer.
90.1 	(3) The applicable collective bargaining agreements with exclusive representatives shall 
90.2 	continue in full force and effect for such transferred employees after the transfer.
90.3 	(4) The state shall have the obligation to meet and negotiate with the exclusive 
90.4 	representatives of the transferred employees about any proposed changes affecting or relating 
90.5 	to the transferred employees' terms and conditions of employment to the extent such changes 
90.6 	are not addressed in the applicable collective bargaining agreement.
90.7 	(5) When an employee in a temporary unclassified position is transferred to the 
90.8 	Department of Direct Care and Treatment, the total length of time that the employee has 
90.9 	served in the appointment shall include all time served in the appointment at the transferring 
90.10 	agency and the time served in the appointment at the Department of Direct Care and 
90.11 	Treatment. An employee in a temporary unclassified position who was hired by a transferring 
90.12 	agency through an open competitive selection process in accordance with a policy enacted 
90.13 	by Minnesota Management and Budget shall be considered to have been hired through such 
90.14 	process after the transfer.
90.15 	(6) In the event that the state transfers ownership or control of any of the facilities, 
90.16 	services, or operations of the Department of Direct Care and Treatment to another entity, 
90.17 	whether private or public, by subcontracting, sale, assignment, lease, or other transfer, the 
90.18 	state shall require as a written condition of such transfer of ownership or control the following 
90.19 	provisions:
90.20 	(i) Employees who perform work in transferred facilities, services, or operations must 
90.21 	be offered employment with the entity acquiring ownership or control before the entity 
90.22 	offers employment to any individual who was not employed by the transferring agency at 
90.23 	the time of the transfer.
90.24 	(ii) The wage and benefit standards of such transferred employees must not be reduced 
90.25 	by the entity acquiring ownership or control through the expiration of the collective 
90.26 	bargaining agreement in effect at the time of the transfer or for a period of two years after 
90.27 	the transfer, whichever is longer.
90.28 	(d) There is no liability on the part of, and no cause of action arises against, the state of 
90.29 	Minnesota or its officers or agents for any action or inaction of any entity acquiring ownership 
90.30 	or control of any facilities, services, or operations of the Department of Direct Care and 
90.31 	Treatment.
90.32 	(e) This section expires upon the completion of the transfer of duties to the executive 
90.33 	board under section 246C.03 this chapter. The commissioner of human services shall notify 
90.34 	the revisor of statutes when the transfer of duties is complete.

91.1 	EFFECTIVE DATE. This section is effective July 1, 2024.

91.2 	Sec. 22. [246C.07] POWERS AND DUTIES OF EXECUTIVE BOARD.
91.3 		Subdivision 1.Generally. (a) The executive board must operate the agency according 
91.4 	to this chapter and applicable state and federal law. The overall management and control 
91.5 	of the agency is vested in the executive board in accordance with this chapter.
91.6 	(b) The executive board may delegate duties imposed by this chapter and under applicable 
91.7 	state and federal law as deemed appropriate by the board and in accordance with this chapter. 
91.8 	Any delegation of a specified statutory duty or power to an employee of Direct Care and 
91.9 	Treatment other than the chief executive officer must be made by written order and filed 
91.10 	with the secretary of state. Only the chief executive officer shall have the powers and duties 
91.11 	of the executive board as specified in section 246C.08.
91.12 		Subd. 2.Principles. The executive board, in undertaking its duties and responsibilities 
91.13 	and within Direct Care and Treatment resources, shall act according to the following 
91.14 	principles:
91.15 	(1) prevent the waste or unnecessary spending of public money;
91.16 	(2) use innovative fiscal and human resource practices to manage the state's resources 
91.17 	and operate the agency as efficiently as possible;
91.18 	(3) coordinate Direct Care and Treatment activities wherever appropriate with the 
91.19 	activities of other governmental agencies;
91.20 	(4) use technology where appropriate to increase agency productivity, improve customer 
91.21 	service, increase public access to information about government, and increase public 
91.22 	participation in the business of government; and
91.23 	(5) utilize constructive and cooperative labor management practices to the extent 
91.24 	otherwise required by chapter 43A or 179A.
91.25 		Subd. 3.Powers and duties. (a) The executive board has the power and duty to:
91.26 	(1) set the overall strategic direction for Direct Care and Treatment, ensuring that Direct 
91.27 	Care and Treatment delivers exceptional care and supports the well-being of all individuals 
91.28 	served by Direct Care and Treatment;
91.29 	(2) establish policies and procedures to govern the operation of the facilities, programs, 
91.30 	and services under the direct authority of Direct Care and Treatment;
92.1 	(3) employ personnel and delegate duties and responsibilities to personnel as deemed 
92.2 	appropriate by the executive board, subject to chapters 43A and 179A and in accordance 
92.3 	with this chapter;
92.4 	(4) review and approve the operating budget proposal for Direct Care and Treatment;
92.5 	(5) accept and use gifts, grants, or contributions from any nonstate source or refuse to 
92.6 	accept any gift, grant, or contribution if acceptance would not be in the best interest of the 
92.7 	state;
92.8 	(6) deposit all money received as gifts, grants, or contributions pursuant to section 
92.9 	246C.091, subdivision 1;
92.10 	(7) expend or use any gift, grant, or contribution as nearly in accordance with the 
92.11 	conditions of the gift, grant, or contribution identified by the donor for a certain institution 
92.12 	or purpose, compatible with the best interests of the individuals under the jurisdiction of 
92.13 	the executive board and of the state;
92.14 	(8) comply with all conditions and requirements necessary to receive federal aid or block 
92.15 	grants with respect to the establishment, construction, maintenance, equipment, or operation 
92.16 	of adequate facilities and services consistent with the mission of Direct Care and Treatment;
92.17 	(9) enter into information-sharing agreements with federal and state agencies and other 
92.18 	entities, provided the agreements include adequate protections with respect to the 
92.19 	confidentiality and integrity of the information to be shared and comply with all applicable 
92.20 	state and federal laws, regulations, and rules;
92.21 	(10) enter into interagency or service level agreements with a state department listed in 
92.22 	section 15.01; a multimember state agency described in section 15.012, paragraph (a); or 
92.23 	the Department of Information Technology Services;
92.24 	(11) enter into contractual agreements with federally recognized Indian Tribes with a 
92.25 	reservation in Minnesota;
92.26 	(12) enter into contracts with public and private agencies, private and nonprofit 
92.27 	organizations, and individuals, using appropriated money;
92.28 	(13) establish and maintain any administrative units reasonably necessary for the 
92.29 	performance of administrative functions common to all programs or divisions of Direct 
92.30 	Care and Treatment;
92.31 	(14) authorize the method of payment to or from Direct Care and Treatment as part of 
92.32 	programs administered by Direct Care and Treatment, including authorization of the receipt 
93.1 	or disbursement of money held by Direct Care and Treatment in a fiduciary capacity as part 
93.2 	of the programs administered by Direct Care and Treatment;
93.3 	(15) inform Tribal Nations and county agencies, on a timely basis, of changes in statute, 
93.4 	rule, federal law, regulation, and policy necessary to Tribal or county agency administration 
93.5 	of Direct Care and Treatment programs and services;
93.6 	(16) report to the legislature on the performance of Direct Care and Treatment operations 
93.7 	and the accomplishment of Direct Care and Treatment goals in its biennial budget in 
93.8 	accordance with section 16A.10, subdivision 1;
93.9 	(17) recommend to the legislature appropriate changes in law necessary to carry out the 
93.10 	principles and improve the performance of Direct Care and Treatment; and
93.11 	(18) exercise all powers reasonably necessary to implement and administer the 
93.12 	requirements of this chapter and applicable state and federal law.
93.13 	(b) The specific enumeration of powers and duties as set forth in this section shall not 
93.14 	be construed as a limitation upon the general transfer of Direct Care and Treatment facilities, 
93.15 	programs, and services from the Department of Human Services to Direct Care and Treatment 
93.16 	under this chapter.
93.17 		Subd. 4.Creation of bylaws. The board may establish bylaws governing its operations 
93.18 	and the operations of Direct Care and Treatment in accordance with this chapter.

93.19 	EFFECTIVE DATE. This section is effective July 1, 2024.

93.20 	Sec. 23. [246C.08] CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
93.21 		Subdivision 1.Service. The Direct Care and Treatment chief executive officer is 
93.22 	appointed by the governor with the advice and consent of the senate and serves at the pleasure 
93.23 	of the governor.
93.24 		Subd. 2.Powers and duties. (a) The chief executive officer shall serve as chair of the 
93.25 	executive board. The chief executive officer is responsible for the administrative and 
93.26 	operational management of the agency in accordance with this chapter.
93.27 	(b) The chief executive officer shall have all the powers of the executive board unless 
93.28 	the executive board directs otherwise. The chief executive officer shall have the authority 
93.29 	to speak for the executive board and Direct Care and Treatment within and outside the 
93.30 	agency.
93.31 	(c) In the event that a vacancy occurs for any reason within the chief executive officer 
93.32 	position, the executive medical director appointed under section 246.018 shall immediately 
94.1 	become the temporary chief executive officer until the governor appoints a new chief 
94.2 	executive officer. During this period, the executive medical director shall have all the powers 
94.3 	and authority delegated to the chief executive officer by the board and specified in this 
94.4 	chapter.

94.5 	EFFECTIVE DATE. This section is effective July 1, 2024.

94.6 	Sec. 24. [246C.091] DIRECT CARE AND TREATMENT ACCOUNTS.
94.7 		Subdivision 1.Gifts, grants, and contributions account. (a) A gifts, grants, and 
94.8 	contributions account is created in the special revenue fund in the state treasury. All money 
94.9 	received by the executive board as a gift, grant, or contribution must be deposited in the 
94.10 	gifts, grants, and contributions account. Beginning July 1, 2025, except as provided in 
94.11 	paragraph (b), money in the account is annually appropriated to the Direct Care and 
94.12 	Treatment executive board to accomplish the purposes of this chapter. Gifts, grants, or 
94.13 	contributions received by the executive board exceeding current agency needs must be 
94.14 	invested by the State Board of Investment in accordance with section 11A.24. Disbursements 
94.15 	from the gifts, grants, and contributions account must be made in the manner provided for 
94.16 	the issuance of other state payments.
94.17 	(b) If the gift or contribution is designated for a certain person, institution, or purpose, 
94.18 	the Direct Care and Treatment executive board must use the gift or contribution as specified 
94.19 	in accordance with the conditions of the gift or contribution if compatible with the best 
94.20 	interests of the person and the state. If a gift or contribution is accepted for the use and 
94.21 	benefit of a person with a developmental disability, including those within a state hospital, 
94.22 	research relating to persons with a developmental disability must be considered an appropriate 
94.23 	use of the gift or contribution. Such money must not be used for any structures or installations 
94.24 	which by their nature would require state expenditures for their operation or maintenance 
94.25 	without specific legislative enactment.
94.26 		Subd. 2.Facilities management account. A facilities management account is created 
94.27 	in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the 
94.28 	account is appropriated to the Direct Care and Treatment executive board and may be used 
94.29 	to maintain buildings, acquire facilities, renovate existing buildings, or acquire land for the 
94.30 	design and construction of buildings for Direct Care and Treatment use. Money received 
94.31 	for maintaining state property under control of the executive board may be deposited into 
94.32 	this account.
94.33 		Subd. 3.Direct Care and Treatment systems account. (a) The Direct Care and 
94.34 	Treatment systems account is created in the special revenue fund of the state treasury. 
95.1 	Beginning July 1, 2025, money in the account is appropriated to the Direct Care and 
95.2 	Treatment executive board and may be used for security systems and information technology 
95.3 	projects, services, and support under the control of the executive board.
95.4 	(b) The commissioner of human services shall transfer all money allocated to the Direct 
95.5 	Care and Treatment systems projects under section 256.014 to the Direct Care and Treatment 
95.6 	systems account by June 30, 2026.
95.7 		Subd. 4.Cemetery maintenance account. The cemetery maintenance account is created 
95.8 	in the special revenue fund of the state treasury. Money in the account is appropriated to 
95.9 	the executive board for the maintenance of cemeteries under control of the executive board. 
95.10 	Money allocated to Direct Care and Treatment cemeteries may be transferred to this account.

95.11 	EFFECTIVE DATE. This section is effective July 1, 2024.

95.12 	Sec. 25. Minnesota Statutes 2022, section 256.88, is amended to read:
95.13 	256.88 SOCIAL WELFARE FUND ESTABLISHED.
95.14 	Except as otherwise expressly provided, all moneys and funds held by the commissioner 
95.15 	of human services, the Direct Care and Treatment executive board, and the local social 
95.16 	services agencies of the several counties in trust or for the benefit of children with a disability 
95.17 	and children who are dependent, neglected, or delinquent, children born to mothers who 
95.18 	were not married to the children's fathers at the times of the conception nor at the births of 
95.19 	the children, persons determined to have developmental disability, mental illness, or substance 
95.20 	use disorder, or other wards or beneficiaries, under any law, shall be kept in a single fund 
95.21 	to be known as the "social welfare fund" which shall be deposited at interest, held, or 
95.22 	disbursed as provided in sections 256.89 to 256.92.

95.23 	EFFECTIVE DATE. This section is effective July 1, 2024.

95.24 	Sec. 26. Minnesota Statutes 2022, section 256.89, is amended to read:
95.25 	256.89 FUND DEPOSITED IN STATE TREASURY.
95.26 	The social welfare fund and all accretions thereto shall be deposited in the state treasury, 
95.27 	as a separate and distinct fund, to the credit of the commissioner of human services and the 
95.28 	Direct Care and Treatment executive board as trustee trustees for the their respective
95.29 	beneficiaries thereof in proportion to their the beneficiaries' several interests. The 
95.30 	commissioner of management and budget shall be responsible only to the commissioner of 
95.31 	human services and the Direct Care and Treatment executive board for the sum total of the 
95.32 	fund, and shall have no duties nor direct obligations toward the beneficiaries thereof 
96.1 	individually. Subject to the applicable rules of the commissioner of human services or the 
96.2 	Direct Care and Treatment executive board, money so received by a local social services 
96.3 	agency may be deposited by the executive secretary of the local social services agency in 
96.4 	a local bank carrying federal deposit insurance, designated by the local social services 
96.5 	agency for this purpose. The amount of such deposit in each such bank at any one time shall 
96.6 	not exceed the amount protected by federal deposit insurance.

96.7 	EFFECTIVE DATE. This section is effective July 1, 2024.

96.8 	Sec. 27. Minnesota Statutes 2022, section 256.90, is amended to read:
96.9 	256.90 SOCIAL WELFARE FUND; USE; DISPOSITION; DEPOSITORIES.
96.10 	The commissioner of human services, in consultation with the Direct Care and Treatment 
96.11 	executive board, at least 30 days before the first day of January and the first day of July in 
96.12 	each year shall file with the commissioner of management and budget an estimate of the 
96.13 	amount of the social welfare fund to be held in the treasury during the succeeding six-month 
96.14 	period, subject to current disbursement. Such portion of the remainder thereof as may be at 
96.15 	any time designated by the request of the commissioner of human services may be invested 
96.16 	by the commissioner of management and budget in bonds in which the permanent trust 
96.17 	funds of the state of Minnesota may be invested, upon approval by the State Board of 
96.18 	Investment. The portion of such remainder not so invested shall be placed by the 
96.19 	commissioner of management and budget at interest for the period of six months, or when 
96.20 	directed by the commissioner of human services, for the period of 12 months thereafter at 
96.21 	the highest rate of interest obtainable in a bank, or banks, designated by the board of deposit 
96.22 	as a suitable depository therefor. All the provisions of law relative to the designation and 
96.23 	qualification of depositories of other state funds shall be applicable to sections 256.88 to 
96.24 	256.92, except as herein otherwise provided. Any bond given, or collateral assigned or both, 
96.25 	to secure a deposit hereunder may be continuous in character to provide for the repayment 
96.26 	of any moneys belonging to the fund theretofore or thereafter at any time deposited in such 
96.27 	bank until its designation as such depository is revoked and the security thereof shall be not 
96.28 	impaired by any subsequent agreement or understanding as to the rate of interest to be paid 
96.29 	upon such deposit, or as to time for its repayment. The amount of money belonging to the 
96.30 	fund deposited in any bank, including other state deposits, shall not at any time exceed the 
96.31 	amount of the capital stock thereof. In the event of the closing of the bank any sum deposited 
96.32 	therein shall immediately become due and payable.

96.33 	EFFECTIVE DATE. This section is effective July 1, 2024.

97.1 	Sec. 28. Minnesota Statutes 2022, section 256.91, is amended to read:
97.2 	256.91 PURPOSES.
97.3 	From that part of the social welfare fund held in the state treasury subject to disbursement 
97.4 	as provided in section 256.90 the commissioner of human services or the Direct Care and 
97.5 	Treatment executive board at any time may pay out such amounts as the commissioner or 
97.6 	executive board deems proper for the support, maintenance, or other legal benefit of any of 
97.7 	the children with a disability and children who are dependent, neglected, or delinquent, 
97.8 	children born to mothers who were not married to the children's fathers at the times of the 
97.9 	conception nor at the births of the children, persons with developmental disability, substance 
97.10 	use disorder, or mental illness, or other wards or persons entitled thereto, not exceeding in 
97.11 	the aggregate to or for any person the principal amount previously received for the benefit 
97.12 	of the person, together with the increase in it from an equitable apportionment of interest 
97.13 	realized from the social welfare fund.
97.14 	When any such person dies or is finally discharged from the guardianship, care, custody, 
97.15 	and control of the commissioner of human services or the Direct Care and Treatment 
97.16 	executive board, the amount then remaining subject to use for the benefit of the person shall 
97.17 	be paid as soon as may be from the social welfare fund to the persons thereto entitled by 
97.18 	law.

97.19 	EFFECTIVE DATE. This section is effective July 1, 2024.

97.20 	Sec. 29. Minnesota Statutes 2022, section 256.92, is amended to read:
97.21 	256.92 COMMISSIONER OF HUMAN SERVICES AND DIRECT CARE AND 
97.22 	TREATMENT, ACCOUNTS.
97.23 	It shall be the duty of the commissioner of human services, the Direct Care and Treatment 
97.24 	executive board, and of the local social services agencies of the several counties of this state 
97.25 	to cause to be deposited with the commissioner of management and budget all moneys and 
97.26 	funds in their possession or under their control and designated by section 256.91 as and for 
97.27 	the social welfare fund; and all such moneys and funds shall be so deposited in the state 
97.28 	treasury as soon as received. The commissioner of human services, in consultation with the 
97.29 	Direct Care and Treatment executive board, shall keep books of account or other records 
97.30 	showing separately the principal amount received and deposited in the social welfare fund 
97.31 	for the benefit of any person, together with the name of such person, and the name and 
97.32 	address, if known to the commissioner of human services or the Direct Care and Treatment 
97.33 	executive board, of the person from whom such money was received; and, at least once 
98.1 	every two years, the amount of interest, if any, which the money has earned in the social 
98.2 	welfare fund shall be apportioned thereto and posted in the books of account or records to 
98.3 	the credit of such beneficiary.
98.4 	The provisions of sections 256.88 to 256.92 shall not apply to any fund or money now 
98.5 	or hereafter deposited or otherwise disposed of pursuant to the lawful orders, decrees, 
98.6 	judgments, or other directions of any district court having jurisdiction thereof.

98.7 	EFFECTIVE DATE. This section is effective July 1, 2024.

98.8 	Sec. 30. Laws 2023, chapter 61, article 8, section 1, the effective date, is amended to read:

98.9 	EFFECTIVE DATE. This section is effective January July 1, 2025 2024.

98.10 	Sec. 31. Laws 2023, chapter 61, article 8, section 2, the effective date, is amended to read:

98.11 	EFFECTIVE DATE. This section is effective January July 1, 2025 2024.

98.12 	Sec. 32. Laws 2023, chapter 61, article 8, section 3, the effective date, is amended to read:

98.13 	EFFECTIVE DATE. This section is effective January July 1, 2025 2024.

98.14 	Sec. 33. Laws 2023, chapter 61, article 8, section 8, the effective date, is amended to read:

98.15 	EFFECTIVE DATE. This section is effective January July 1, 2025 2024.

98.16 	Sec. 34. Laws 2024, chapter 79, article 1, section 18, is amended to read:
98.17 	Sec. 18. 246C.015 DEFINITIONS.
98.18 		Subdivision 1.Scope. For purposes of this chapter, the following terms have the meanings 
98.19 	given.
98.20 		Subd. 2.Chief executive officer. "Chief executive officer" means the Department of
98.21 	Direct Care and Treatment chief executive officer appointed according to section 246C.08.
98.22 		Subd. 3.Commissioner. "Commissioner" means the commissioner of human services.
98.23 		Subd. 4.Community preparation services. "Community preparation services" means 
98.24 	specialized inpatient or outpatient services operated outside of a secure environment but 
98.25 	administered by a secure treatment facility.
98.26 		Subd. 5.County of financial responsibility. "County of financial responsibility" has 
98.27 	the meaning given in section 256G.02, subdivision 4.
99.1 		Subd. 5a.Direct Care and Treatment. "Direct Care and Treatment" means the agency 
99.2 	of Direct Care and Treatment established under this chapter.
99.3 		Subd. 6.Executive board. "Executive board" means the Department of Direct Care and 
99.4 	Treatment executive board established under section 246C.06.
99.5 		Subd. 7.Executive medical director.  "Executive medical director" means the licensed 
99.6 	physician serving as executive medical director in the Department of Direct Care and 
99.7 	Treatment under section 246C.09.
99.8 		Subd. 8.Head of the facility or head of the program. "Head of the facility" or "head 
99.9 	of the program" means the person who is charged with overall responsibility for the 
99.10 	professional program of care and treatment of the facility or program.
99.11 		Subd. 9.Indian. "Indian" has the meaning given in section 260.755, subdivision 7.
99.12 		Subd. 10.Secure treatment facility. "Secure treatment facility" means a facility as 
99.13 	defined in section 253B.02, subdivision 18a, or 253D.02, subdivision 13.
99.14 		Subd. 11.Tobacco; tobacco-related device. "Tobacco" and "tobacco-related device" 
99.15 	have the meanings given in section 609.685, subdivision 1.

99.16 	EFFECTIVE DATE. This section is effective July 1, 2024.

99.17 	Sec. 35. Laws 2024, chapter 79, article 1, section 23, is amended to read:
99.18 	Sec. 23. 246C.06 EXECUTIVE BOARD; POWERS AND DUTIES MEMBERSHIP; 
99.19 	GOVERNANCE.
99.20 		Subdivision 1.Establishment. The Direct Care and Treatment executive board of the 
99.21 	Department of Direct Care and Treatment is established.
99.22 		Subd. 2.Membership of the executive board. The executive board shall consist of no 
99.23 	more than five members, all appointed by the governor. (a) The Direct Care and Treatment 
99.24 	executive board consists of ten members with eight voting members and two nonvoting 
99.25 	members. The eight voting members must include six members appointed by the governor 
99.26 	with the advice and consent of the senate in accordance with paragraph (b), the chief 
99.27 	executive officer, and the commissioner of human services or a designee. The two nonvoting 
99.28 	members must be appointed in accordance with paragraph (c). Section 15.0597 applies to 
99.29 	all executive board appointments except for the commissioner of human services.
99.30 	(b) The executive board voting members appointed by the governor other than the chief 
99.31 	executive officer must meet the following qualifications:
100.1 	(1) one member must be a licensed physician who is a psychiatrist or has experience in 
100.2 	serving behavioral health patients;
100.3 	(2) two members must have experience serving on a hospital or nonprofit board; and
100.4 	(3) three members must have experience working: (i) as a public labor union 
100.5 	representative; (ii) in the delivery of behavioral health services or care coordination or in 
100.6 	traditional healing practices; (iii) as a licensed health care professional; (iv) within health 
100.7 	care administration; or (v) with residential services.
100.8 	(c) The executive board nonvoting members must be appointed as follows:
100.9 	(1) one member appointed by the Association of Counties; and
100.10 	(2) one member who has an active role as a union representative representing staff at 
100.11 	Direct Care and Treatment appointed by joint representatives of the following unions: 
100.12 	American Federation of State and Municipal Employees (AFSCME); Minnesota Association 
100.13 	of Professional Employees (MAPE); Minnesota Nurses Association (MNA); Middle 
100.14 	Management Association (MMA); and State Residential Schools Education Association 
100.15 	(SRSEA).
100.16 	(d) Membership on the board must include representation from outside the seven-county 
100.17 	metropolitan area, as defined in section 473.121, subdivision 2.
100.18 	(e) A voting member of the executive board must not be or must not have been within 
100.19 	one year prior to appointment: (1) an employee of Direct Care and Treatment; (2) an 
100.20 	employee of a county, including a county commissioner; (3) an active employee or 
100.21 	representative of a labor union that represents employees of Direct Care and Treatment; or 
100.22 	(4) a member of the state legislature. This paragraph does not apply to the nonvoting 
100.23 	members, the chief executive officer, or the commissioner of human services or designee.
100.24 		Subd. 3.Qualifications of members Procedures. An executive board member's 
100.25 	qualifications must be appropriate for overseeing a complex behavioral health system, such 
100.26 	as experience serving on a hospital or nonprofit board, serving as a public sector labor union 
100.27 	representative, delivering behavioral health services or care coordination, or working as a 
100.28 	licensed health care provider in an allied health profession or in health care administration.
100.29 	Except as otherwise provided for in this section, the membership terms and removal and 
100.30 	filling of vacancies for the executive board are governed by section 15.0575.
100.31 		Subd. 4.Accepting contributions or gifts Compensation. (a) The executive board has 
100.32 	the power and authority to accept, on behalf of the state, contributions and gifts of money 
100.33 	and personal property for the use and benefit of the residents of the public institutions under 
101.1 	the executive board's control. All money and securities received must be deposited in the 
101.2 	state treasury subject to the order of the executive board. Notwithstanding section 15.0575, 
101.3 	subdivision 3, paragraph (a), the nonvoting members of the executive board must not receive 
101.4 	daily compensation for executive board activities. Nonvoting members of the executive 
101.5 	board may receive expenses in the same manner and amount as authorized by the 
101.6 	commissioner's plan adopted under section 43A.18, subdivision 2. Nonvoting members 
101.7 	who, as a result of time spent attending board meetings, incur child care expenses that would 
101.8 	not otherwise have been incurred, may be reimbursed for those expenses upon board 
101.9 	authorization.
101.10 	(b) If the gift or contribution is designated by the donor for a certain institution or purpose, 
101.11 	the executive board shall expend or use the money as nearly in accordance with the conditions 
101.12 	of the gift or contribution, compatible with the best interests of the individuals under the 
101.13 	jurisdiction of the executive board and the state. Notwithstanding section 15.0575, subdivision 
101.14 	3, paragraph (a), the Compensation Council under section 15A.082 must determine the 
101.15 	compensation for voting members of the executive board per day spent on executive board 
101.16 	activities authorized by the executive board. Voting members of the executive board may 
101.17 	also receive the expenses in the same manner and amount as authorized by the commissioner's 
101.18 	plan adopted under section 43A.18, subdivision 2. Voting members who, as a result of time 
101.19 	spent attending board meetings, incur child care expenses that would not otherwise have 
101.20 	been incurred, may be reimbursed for those expenses upon board authorization.
101.21 	(c) The commissioner of management and budget must publish the daily compensation 
101.22 	rate for voting members of the executive board determined under paragraph (b) on the 
101.23 	Department of Management and Budget's website.
101.24 	(d) Voting members of the executive board must adopt internal standards prescribing 
101.25 	what constitutes a day spent on board activities for the purposes of making payments 
101.26 	authorized under paragraph (b).
101.27 	(e) All other requirements under section 15.0575, subdivision 3, apply to the 
101.28 	compensation of executive board members.
101.29 	(f) This subdivision does not apply to the chief executive officer or the commissioner 
101.30 	of human services or their designee.
101.31 		Subd. 5.Federal aid or block grants Chair; officers. The executive board may comply 
101.32 	with all conditions and requirements necessary to receive federal aid or block grants with 
101.33 	respect to the establishment, constructions, maintenance, equipment, or operation of adequate 
102.1 	facilities and services consistent with the mission of the Department of Direct Care and 
102.2 	Treatment. (a) The chief executive officer shall serve as the chair.
102.3 	(b) The executive board must elect officers from among the voting membership appointed 
102.4 	by the governor. The elected officers shall serve for one year.
102.5 		Subd. 6.Operation of a communication systems account Terms. (a) The executive 
102.6 	board may operate a communications systems account established in Laws 1993, First 
102.7 	Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 
102.8 	communication costs necessary for the operation of the regional treatment centers the 
102.9 	executive board supervises. Except for the commissioner of human services and the chief 
102.10 	executive officer, executive board members must not serve more than two consecutive terms 
102.11 	unless service beyond two consecutive terms is approved by the majority of voting members. 
102.12 	The chief executive officer and the commissioner of human services or designee shall serve 
102.13 	until replaced by the governor.
102.14 	(b) Each account must be used to manage shared communication costs necessary for the 
102.15 	operations of the regional treatment centers the executive board supervises. The executive 
102.16 	board may distribute the costs of operating and maintaining communication systems to 
102.17 	participants in a manner that reflects actual usage. Costs may include acquisition, licensing, 
102.18 	insurance, maintenance, repair, staff time, and other costs as determined by the executive 
102.19 	board. An executive board member may resign at any time by giving written notice to the 
102.20 	executive board.
102.21 	(c) Nonprofit organizations and state, county, and local government agencies involved 
102.22 	in the operation of regional treatment centers the executive board supervises may participate 
102.23 	in the use of the executive board's communication technology and share in the cost of 
102.24 	operation. The initial term of the member appointed under subdivision 2, paragraph (b), 
102.25 	clause (1), is two years. The initial term of the members appointed under subdivision 2, 
102.26 	paragraph (b), clause (2), is three years. The initial term of the members appointed under 
102.27 	subdivision 2, paragraph (b), clause (3), and the members appointed under subdivision 2, 
102.28 	paragraph (c), is four years.
102.29 	(d) The executive board may accept on behalf of the state any gift, bequest, devise, 
102.30 	personal property of any kind, or money tendered to the state for any lawful purpose 
102.31 	pertaining to the communication activities under this section. Any money received for this 
102.32 	purpose must be deposited into the executive board's communication systems account. 
102.33 	Money collected by the executive board for the use of communication systems must be 
102.34 	deposited into the state communication systems account and is appropriated to the executive 
103.1 	board for purposes of this section. After the initial term, the term length of all appointed 
103.2 	executive board members is four years.
103.3 		Subd. 7.Conflicts of interest. Executive board members must recuse themselves from 
103.4 	discussion of and voting on an official matter if the executive board member has a conflict 
103.5 	of interest. A conflict of interest means an association, including a financial or personal 
103.6 	association, that has the potential to bias or have the appearance of biasing an executive 
103.7 	board member's decision in matters related to Direct Care and Treatment or the conduct of 
103.8 	activities under this chapter.
103.9 		Subd. 8.Meetings. The executive board must meet at least four times per fiscal year at 
103.10 	a place and time determined by the executive board.
103.11 		Subd. 9.Quorum. A majority of the voting members of the executive board constitutes 
103.12 	a quorum. The affirmative vote of a majority of the voting members of the executive board 
103.13 	is necessary and sufficient for action taken by the executive board.
103.14 		Subd. 10.Immunity; indemnification. (a) Members of the executive board are immune 
103.15 	from civil liability for any act or omission occurring within the scope of the performance 
103.16 	of their duties under this chapter.
103.17 	(b) When performing executive board duties or actions, members of the executive board 
103.18 	are employees of the state for purposes of indemnification under section 3.736, subdivision 
103.19 	9.
103.20 		Subd. 11.Rulemaking. (a) The executive board is authorized to adopt, amend, and 
103.21 	repeal rules in accordance with chapter 14 under the executive board's authority to implement 
103.22 	this chapter or any responsibilities of Direct Care and Treatment specified in state law.
103.23 	(b) Until July 1, 2030, the executive board may adopt rules using the expedited 
103.24 	rulemaking process in section 14.389.
103.25 	(c) All orders, rules, delegations, permits, and other privileges issued or granted by the 
103.26 	Department of Human Services with respect to any function of Direct Care and Treatment 
103.27 	and in effect at the time of the establishment of Direct Care and Treatment shall continue 
103.28 	in effect as if such establishment had not occurred. The executive board may amend or 
103.29 	repeal rules applicable to Direct Care and Treatment that were established by the Department 
103.30 	of Human Services in accordance with chapter 14.

103.31 	EFFECTIVE DATE. This section is effective July 1, 2024.

104.1 	Sec. 36. Laws 2024, chapter 79, article 1, section 24, is amended to read:
104.2 	Sec. 24. 246C.10 FORENSIC SERVICES.
104.3 		Subdivision 1.Maintenance of forensic services. (a) The executive board shall create 
104.4 	and maintain forensic services programs.
104.5 	(b) The executive board must provide forensic services in coordination with counties 
104.6 	and other vendors.
104.7 	(c) Forensic services must include specialized inpatient programs at secure treatment 
104.8 	facilities, consultive services, aftercare services, community-based services and programs, 
104.9 	transition services, nursing home services, or other services consistent with the mission of 
104.10 	the Department of Direct Care and Treatment.
104.11 	(d) The executive board shall may adopt rules to carry out the provision of this section 
104.12 	and to govern the operation of the services and programs under the direct administrative 
104.13 	authority of the executive board.

104.14 	EFFECTIVE DATE. This section is effective July 1, 2024.

104.15 	Sec. 37. Laws 2024, chapter 79, article 1, section 25, subdivision 3, is amended to read:
104.16 		Subd. 3.Comprehensive system of services. The establishment of state-operated, 
104.17 	community-based programs must be within the context of a comprehensive definition of 
104.18 	the role of state-operated services in the state. The role of state-operated services must be 
104.19 	defined within the context of a comprehensive system of services for persons with 
104.20 	developmental disability.

104.21 	EFFECTIVE DATE. This section is effective July 1, 2024.

104.22 	Sec. 38. Laws 2024, chapter 79, article 10, section 1, is amended to read:
104.23 	Section 1. REVISOR INSTRUCTION.
 104.24 	The revisor of statutes shall renumber each provision of Minnesota Statutes listed in 
104.25 	column A as amended in this act to the number listed in column B.

104.26		Column A
	Column B
	
104.27		245.036
	246C.16, subdivision 1
	
104.28		245.037
	246C.16, subdivision 2
	
104.29		245.041
	246C.15
	
104.30		245.474, subdivision 1
	246C.12, subdivision 1
	
105.1		245.474, subdivision 2
	246C.12, subdivision 2
	
105.2		245.474, subdivision 3
	246C.12, subdivision 3
	
105.3		245.474, subdivision 4
	246C.12, subdivision 4
	
105.4		246.0135, paragraph (a)
	246C.18, subdivision 2, paragraph (a)
	
105.5		246.0135, paragraph (b)
	246C.18, subdivision 2, paragraph (b)
	
105.6		246.0135, paragraph (c)
	246C.18, subdivision 2, paragraph (c)
	
105.7		246.0135, paragraph (d)
	246C.18, subdivision 3
	
105.8		246.018, subdivision 1
	246C.09, subdivision 1
	
105.9		246.018, subdivision 2
	246C.09, subdivision 2
	
105.10		246.018, subdivision 3
	246C.09, subdivision 3
	
105.11		246.018, subdivision 4
	246C.09, subdivision 4
	
105.13105.12
		246.12
	246C.06, subdivision 7 246C.07, 
subdivision 7
	
105.14		246.128
	246C.18, subdivision 1
	
105.15		246.129
	246C.18, subdivision 4
	
105.16		246.14
	246C.16, subdivision 3
	
105.17		246.23, subdivision 2
	246.555, subdivision 1
	
105.18		246.23, subdivision 3
	246.555, subdivision 2
	
105.19		246.23, subdivision 4
	246.555, subdivision 3
	
105.20		246.23, subdivision 5
	246.555, subdivision 4
	
105.21		246.23, subdivision 6
	246.555, subdivision 5
	
105.23105.22
		246.234
	246C.06, subdivision 8 246C.07, 
subdivision 5
	
105.24		246.24
	246C.16, subdivision 4
	
105.25		246.27
	246C.19
	
105.27105.26
		246.36
	246C.06, subdivision 9 246C.07, 
subdivision 6
	
105.28105.29		246.41, subdivision 1
	246C.06, subdivision 10, paragraph 
(a)
	
105.30105.31		246.41, subdivision 2
	246C.06, subdivision 10, paragraph 
(b)
	
105.32105.33		246.41, subdivision 3
	246C.06, subdivision 10, paragraph 
(c)
	
105.34		246.70
	246C.18, subdivision 5
	
105.35		246B.02
	246C.13
	
105.36		251.012, subdivision 1
	246.575, subdivision 1
	
105.37		251.012, subdivision 2
	246.575, subdivision 2
	
105.38		251.012, subdivision 3
	246.575, subdivision 3
	
105.39		251.012, subdivision 4
	246.575, subdivision 4
	
105.40		251.041
	176.87
	
106.1		251.042
	176.871
	
106.2		251.043, subdivision 1
	176.872, subdivision 1
	
106.3		251.043, subdivision 1a
	176.872, subdivision 2
	
106.4		251.043, subdivision 1b
	176.872, subdivision 3
	
106.5		251.043, subdivision 2
	176.872, subdivision 4
	
106.6		251.043, subdivision 3
	176.872, subdivision 5
	
106.7		251.044
	176.873
	
106.8		251.051
	176.874
	
106.9		251.052
	176.875
	
106.10		251.053
	176.876
	
106.11		251.15, subdivision 1
	176.872, subdivision 6, paragraph (a)
	
106.12		251.15, subdivision 2
	176.872, subdivision 6, paragraph (b)
	
106.13		251.17
	246C.14
	
106.14		252.50, subdivision 2
	246C.16, subdivision 5
	
106.15		252.50, subdivision 4
	246C.10, subdivision 2
	
106.16		252.50, subdivision 6
	246.65
	
106.17		252.50, subdivision 7
	246.585
	
106.18		252.50, subdivision 8
	246.588
	
106.19		252.50, subdivision 10
	246.611
	
106.20		253.015, subdivision 1
	253B.10, subdivision 6
	
106.21		253.016
	246.554
	
106.22		253.017, subdivision 1
	246.591
	
106.23		253.017, subdivision 2
	246C.10, subdivision 3
	
106.24		253.017, subdivision 3
	246C.10, subdivision 4
	
106.25		253.13
	253.245
	
106.26		253C.01, subdivision 1
	245A.27, subdivision 1
	
106.27		253C.01, subdivision 2
	245A.27, subdivision 2
	
106.28		253C.01, subdivision 3
	245A.27, subdivision 3
	
106.29		256.0121, subdivision 1
	246.595, subdivision 1
	
106.30		256.0121, subdivision 2
	246.595, subdivision 2
	
106.31		256.0121, subdivision 3
	246.595, subdivision 3

106.32 	Sec. 39. Laws 2024, chapter 79, article 10, section 6, is amended to read:
106.33 	Sec. 6. EFFECTIVE DATE.
 106.34 	(a) Article 1, section 23, is effective July 1, 2024. This act is effective July 1, 2024.
107.1 	(b) Article 1, sections 1 to 22 and 24 to 31, and articles 2 to 10 are effective January 1, 
107.2 	2025.

107.3 	Sec. 40. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT 
107.4 	CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE 
107.5 	OFFICER.
 107.6 		Subdivision 1.Executive board. (a) The initial appointments of the members of the 
107.7 	Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, 
107.8 	must be made by January 1, 2025.
107.9 	(b) Prior to the first Compensation Council determination of the daily compensation rate 
107.10 	for voting members of the executive board under Minnesota Statutes, section 246C.06, 
107.11 	subdivision 4, paragraph (b), voting members of the executive board must be paid the per 
107.12 	diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a).
107.13 	(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the 
107.14 	authority and responsibilities for Direct Care and Treatment are transferred to the executive 
107.15 	board in accordance with Minnesota Statutes, section 246C.04.
107.16 		Subd. 2.Chief executive officer. Until the governor appoints the initial chief executive 
107.17 	officer for Direct Care and Treatment, the chief executive officer of the direct care and 
107.18 	treatment division of the Department of Human Services shall hold that position.
107.19 		Subd. 3.Commissioner of human services to consult. In preparing the budget estimates 
107.20 	required under Minnesota Statutes, section 16A.10, for the direct care and treatment division 
107.21 	for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative 
107.22 	session that involve direct care and treatment operations, the commissioner of human services 
107.23 	must consult with the Direct Care and Treatment executive board before submitting the 
107.24 	budget estimates or legislative proposals. If the executive board is not appointed by the date 
107.25 	the budget estimates must be submitted to the commissioner of management and budget, 
107.26 	the commissioner of human services must provide the executive board with a summary of 
107.27 	the budget estimates that were submitted.

107.28 	EFFECTIVE DATE. This section is effective July 1, 2024.

107.29 	Sec. 41. REVISOR INSTRUCTION.
 107.30 	The revisor of statutes shall change the term "Department of Human Services" to "Direct 
107.31 	Care and Treatment" wherever the term appears in respect to the governmental entity with 
107.32 	programmatic direction and fiscal control over state-operated services, programs, or facilities 
108.1 	under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary 
108.2 	changes to sentence structure to preserve the meaning of the text.

108.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

108.4 	Sec. 42. REVISOR INSTRUCTION.
 108.5 	The revisor of statutes shall change the term "Department of Direct Care and Treatment" 
108.6 	to "Direct Care and Treatment" wherever the term appears in respect to the governmental 
108.7 	entity with programmatic direction and fiscal control over state-operated services, programs, 
108.8 	or facilities under Minnesota Statutes, chapter 246C. The revisor may make technical and 
108.9 	other necessary changes to sentence structure to preserve the meaning of the text.

108.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

108.11 	Sec. 43. REVISOR INSTRUCTION.
 108.12 	The revisor of statutes, in consultation with the House Research Department; the Office 
108.13 	of Senate Counsel, Research, and Fiscal Analysis; the Department of Human Services; and 
108.14 	Direct Care and Treatment, shall make necessary cross-reference changes to conform with 
108.15 	this act. The revisor may make technical and other necessary changes to sentence structure 
108.16 	to preserve the meaning of the text. The revisor may alter the coding in this act to incorporate 
108.17 	statutory changes made by other law in the 2024 regular legislative session.

108.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

108.19 	Sec. 44. REPEALER.
 108.20 	(a) Minnesota Statutes 2022, section 246.41, is repealed.
108.21 	(b) Minnesota Statutes 2023 Supplement, section 246C.03, is repealed.

108.22 	EFFECTIVE DATE. This section is effective July 1, 2024.

108.23 	ARTICLE 6
108.24 	MISCELLANEOUS

108.25 	Section 1. FREE COMMUNICATION SERVICES.
108.26 		Subdivision 1.Free communication services. (a) A facility must provide patients and 
108.27 	clients with voice communication services. A facility may supplement voice communication 
108.28 	services with other communication services, including but not limited to video 
109.1 	communication and email or electronic messaging services. A facility must continue to 
109.2 	offer the services the facility offered as of January 1, 2024.
109.3 	(b) To the extent that voice or other communication services are provided, which must 
109.4 	not be limited beyond program participation and routine facility policies and procedures, 
109.5 	neither the individual initiating the communication nor the individual receiving the 
109.6 	communication must be charged for the service.
109.7 		Subd. 2.Communication services restrictions. Nothing in this section allows a patient 
109.8 	or client to violate an active protection order, harassment restraining order, or other no-contact 
109.9 	order or directive. Nothing in this section entitles a civilly committed person to 
109.10 	communication services restricted or limited under Minnesota Statutes, section 253B.03, 
109.11 	subdivision 3, or 253D.19.
109.12 		Subd. 3.Revenue prohibited. Direct Care and Treatment must not receive revenue 
109.13 	from the provision of voice communication services or any other communication services 
109.14 	under this section.
109.15 		Subd. 4.Visitation programs. (a) Facilities shall maintain in-person visits for  patients 
109.16 	or clients. Communication services, including video calls, must not be used to replace a 
109.17 	facility's in-person visitation program or be counted toward a patient's or client's in-person 
109.18 	visitation limit.
109.19 	(b) Notwithstanding paragraph (a), the Direct Care and Treatment executive board may 
109.20 	waive the in-person visitation program requirement under this subdivision if there is:
109.21 	(1) a declared emergency under Minnesota Statutes, section 12.31; or
109.22 	(2) a local-, state-, or federal-declared natural disaster.
109.23 		Subd. 5.Reporting. (a) By January 15, 2027, the Direct Care and Treatment executive 
109.24 	board must report the information described in paragraph (b) to the commissioner of 
109.25 	corrections. By March 15, 2027, the commissioner of corrections must submit a summary 
109.26 	of the information submitted under this paragraph to the chairs and ranking minority members 
109.27 	of the legislative committees having jurisdiction over corrections and human services policy 
109.28 	and finance.
109.29 	(b) The Direct Care and Treatment executive board must include the following 
109.30 	information covering fiscal year 2025 in its annual report to the commissioner of corrections 
109.31 	required under paragraph (a):
109.32 	(1) the status of all the agency's communication contracts; efforts to renegotiate the 
109.33 	agency's communication contracts, including the rates the agency is paying or charging  
110.1 	confined people or community members for any and all services in the contracts; and plans 
110.2 	to consolidate the agency's communication contracts to maximize purchasing power;
110.3 	(2) a complete and detailed accounting of how appropriated funds for communication 
110.4 	services are spent, including spending on expenses previously covered by commissions; 
110.5 	and
110.6 	(3) summary data on usage of all communication services, including monthly call and 
110.7 	message volume.
110.8 		Subd. 6.Definitions. For the purposes of this section, the following terms have the 
110.9 	meanings given:
110.10 	(1) "voice communications" means real-time, audio-only communication services, 
110.11 	namely phone calls made over wireline telephony, voice over Internet protocol, or any other 
110.12 	technology infrastructure;
110.13 	(2) "other communication services" means communication services other than voice 
110.14 	communications, including but not limited to video calls and electronic messages; and
110.15 	(3) "facility" means any facility, setting, or program owned, operated, or under the 
110.16 	programmatic or fiscal control of Direct Care and Treatment.
110.17 		Subd. 7.Expiration. Subdivisions 1 to 4 expire June 30, 2026. Subdivisions 5 and 6 
110.18 	expire upon submission by the Direct Care and Treatment executive board of the report to 
110.19 	the legislature required under subdivision 5.

110.20 	Sec. 2.  COMMUNITY CARE HUB PLANNING GRANT.
 110.21 		Subdivision 1.Establishment. The commissioner of health shall establish a single grant 
110.22 	to develop and design programs to expand and strengthen the community care hub model, 
110.23 	which organizes and supports a network of health and social care service providers to address 
110.24 	health-related social needs.
110.25 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
110.26 	meanings given.
110.27 	(b) "Community-based organization" means a public or private nonprofit organization 
110.28 	of demonstrated effectiveness that is representative of a community or significant segments 
110.29 	of a community and provides educational or related services to individuals in the community.
110.30 	(c) "Community care hub" means a nonprofit organization that provides a centralized 
110.31 	administrative and operational interface between health care institutions and a network of 
110.32 	community-based organizations that provide health promotion and social care services.
111.1 	(d) "Health-related social needs" means the individual-level, adverse social conditions 
111.2 	that can negatively impact a person's health or health care, such as poor health literacy, food 
111.3 	insecurity, housing instability, and lack of access to transportation.
111.4 	(e) "Social care services" means culturally informed services to address health-related 
111.5 	social needs and community-informed health promotion programs.
111.6 		Subd. 3.Eligible applicants. To be eligible for the single grant available under this 
111.7 	section, a grant applicant must:
111.8 	(1) be recognized as a selected community care hub by the federal Administration for 
111.9 	Community Living and the Centers for Disease Control and Prevention;
111.10 	(2) hold contracts with health plans within Minnesota that allow the applicant to provide 
111.11 	social care services to a plan's covered member population; and
111.12 	(3) demonstrate active engagement in providing, coordinating, and aiding health care 
111.13 	and social care services at the community level.
111.14 		Subd. 4.Eligible uses. The grantee must use awarded funding to develop and design 
111.15 	programs that support the development of a social care network that provides services to 
111.16 	address health-related social needs. Activities eligible for funding under this section include 
111.17 	but are not limited to education activities, feasibility studies, program design, and pilots.

111.18 	EFFECTIVE DATE. This section is effective July 1, 2024.

111.19 	ARTICLE 7
111.20 	TECHNICAL CORRECTIONS

111.21 	Section 1. Minnesota Statutes 2023 Supplement, section 256R.55, subdivision 9, is amended 
111.22 	to read:
111.23 		Subd. 9.Carryforward. Notwithstanding section 16A.28, subdivision 3, any 
111.24 	appropriation for the purposes under this section carries forward and does not lapse until 
111.25 	the close of the fiscal year in which this section expires is available until June 30, 2029.

111.26 	Sec. 2. Laws 2023, chapter 61, article 1, section 67, subdivision 3, is amended to read:
111.27 		Subd. 3.Evaluation and report. (a) The Metropolitan Center for Independent Living 
111.28 	must contract with a third party to evaluate the pilot project's impact on health care costs, 
111.29 	retention of personal care assistants, and patients' and providers' satisfaction of care. The 
111.30 	evaluation must include the number of participants, the hours of care provided by participants, 
111.31 	and the retention of participants from semester to semester.
112.1 	(b) By January 15, 2025 2026, the Metropolitan Center for Independent Living must 
112.2 	report the findings under paragraph (a) to the chairs and ranking minority members of the 
112.3 	legislative committees with jurisdiction over human services finance and policy.

112.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

112.5 	Sec. 3. Laws 2023, chapter 61, article 4, section 11, the effective date, is amended to read:

112.6 	EFFECTIVE DATE. This section is effective January 1, 2024 2025, or upon federal 
112.7 	approval, whichever is later. The commissioner shall notify the revisor of statutes when 
112.8 	federal approval is obtained.

112.9 	ARTICLE 8
112.10 	APPROPRIATIONS

112.11	Section 1. HUMAN SERVICES APPROPRIATION.
 	
112.12 	The sums shown in the columns marked "Appropriations" are added to or, if shown in 
112.13 	parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9; Laws 
112.14 	2023, chapter 70, article 20; and Laws 2023, chapter 74, section 6, to the agencies and for 
112.15 	the purposes specified in this article. The appropriations are from the general fund or other 
112.16 	named fund and are available for the fiscal years indicated for each purpose. The figures 
112.17 	"2024" and "2025" used in this article mean that the addition to or subtraction from the 
112.18 	appropriation listed under them is available for the fiscal year ending June 30, 2024, or June 
112.19 	30, 2025, respectively. Base adjustments mean the increase or decrease of the base level 
112.20 	adjustment set in Laws 2023, chapter 61, article 9; Laws 2023, chapter 70, article 20; and 
112.21 	Laws 2023, chapter 74, section 6. Supplemental appropriations and reductions to 
112.22 	appropriations for the fiscal year ending June 30, 2024, are effective the day following final 
112.23 	enactment unless a different effective date is explicit.

112.24				APPROPRIATIONS
	
112.25				Available for the Year
	
112.26				Ending June 30
	
112.27					2024
		2025

112.28
112.29	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

112.30	Subdivision 1.Total Appropriation
 	$
	(5,261,000)
	$
	50,055,000
	
112.31 	The amounts that may be spent for each 
112.32 	purpose are specified in the following 
112.33 	subdivisions.

113.1	Subd. 2.Central Office; Operations
 		(3,030,000)
		2,165,000
	
113.2 	(a) Carryforward Authority.
113.3 	Notwithstanding Minnesota Statutes, section 
113.4 	16A.28, subdivision 3, $1,682,000 in fiscal 
113.5 	year 2025 is available until June 30, 2027.
113.6 	(b) Base Level Adjustment. The general fund 
113.7 	base is increased by $175,000 in fiscal year 
113.8 	2026 and $175,000 in fiscal year 2027.

113.9113.10
	Subd. 3.Central Office; Aging and Disability 
Services
 		(1,731,000)
		5,435,000
	
113.11 	(a) Tribal Vulnerable Adult and 
113.12 	Developmental Disabilities Targeted Case 
113.13 	Management Medical Assistance Benefit.
113.14 	$200,000 in fiscal year 2025 is for a contract 
113.15 	to develop a Tribal vulnerable adult and 
113.16 	developmental disabilities targeted case 
113.17 	management medical assistance benefit under 
113.18 	Minnesota Statutes, section 256B.0924. This 
113.19 	is a onetime appropriation.
113.20 	(b) Carryforward Authority.
113.21 	Notwithstanding Minnesota Statutes, section 
113.22 	16A.28, subdivision 3, $455,000 in fiscal year 
113.23 	2025 is available until June 30, 2026, and 
113.24 	$4,193,000 in fiscal year 2025 is available 
113.25 	until June 30, 2027.
113.26 	(c) Base Level Adjustment. The general fund 
113.27 	base is increased by $177,000 in fiscal year 
113.28 	2026 and $177,000 in fiscal year 2027.

113.29
113.30
113.31	Subd. 4.Central Office; Behavioral Health, 
Housing, and Deaf and Hard-of-Hearing 
Services
 		-0-
		1,265,000
	
113.32 	Carryforward Authority. Notwithstanding 
113.33 	Minnesota Statutes, section 16A.28, 
113.34 	subdivision 3, $935,000 in fiscal year 2025 is 
113.35 	available until June 30, 2027.

114.1
114.2	Subd. 5.Forecasted Programs; Medical 
Assistance
 		-0-
		7,994,000
	
114.3 	Critical Access Nursing Facility Rate 
114.4 	Adjustments. $3,277,000 is for rate 
114.5 	adjustments for critical access nursing 
114.6 	facilities under Minnesota Statutes, section 
114.7 	256R.47. Notwithstanding Minnesota Statutes, 
114.8 	section 16A.28, subdivision 3, this 
114.9 	appropriation is available until June 30, 2027. 
114.10 	This is a onetime appropriation.

114.11	Subd. 6.Forecasted Programs; Alternative Care
 		-0-
		49,000

114.12
114.13	Subd. 7.Forecasted Programs; Behavioral 
Health Fund
 		-0-
		1,519,000

114.14
114.15	Subd. 8.Grant Programs; Other Long Term 
Care Grants
 		-0-
		1,675,000
	
114.16 	(a) Health Awareness Hub Pilot Project.
114.17 	$575,000 in fiscal year 2025 is for a grant to 
114.18 	the Organization for Liberians in Minnesota 
114.19 	for a health awareness hub pilot project. The 
114.20 	pilot project must seek to address health care 
114.21 	education and the physical and mental 
114.22 	wellness needs of elderly individuals within 
114.23 	the African immigrant community by offering 
114.24 	culturally relevant support, resources, and 
114.25 	preventive care education from medical 
114.26 	practitioners who have a similar background, 
114.27 	and by making appropriate referrals to 
114.28 	culturally competent programs, supports, and 
114.29 	medical care. Within six months of the 
114.30 	conclusion of the pilot project, the 
114.31 	Organization for Liberians in Minnesota must 
114.32 	provide the commissioner with an evaluation 
114.33 	of the project as determined by the 
114.34 	commissioner. Notwithstanding Minnesota 
114.35 	Statutes, section 16A.28, subdivision 3, this 
115.1 	appropriation is available until June 30, 2027. 
115.2 	This is a onetime appropriation.
115.3 	(b) Chapter 245D Compliance Support 
115.4 	Grant. $450,000 in fiscal year 2025 is for a 
115.5 	grant to Equitable Development Action to 
115.6 	support minority providers licensed under 
115.7 	Minnesota Statutes, chapter 245D, as intensive 
115.8 	support services providers to build skills and 
115.9 	the infrastructure needed to increase the 
115.10 	quality of services provided to the people the 
115.11 	providers serve while complying with the 
115.12 	requirements of Minnesota Statutes, chapter 
115.13 	245D, and to enable the providers to accept 
115.14 	clients with high behavioral needs. 
115.15 	Notwithstanding Minnesota Statutes, section 
115.16 	16A.28, subdivision 3, this appropriation is 
115.17 	available until June 30, 2027. This is a onetime 
115.18 	appropriation.
115.19 	(c) Linguistically and Culturally Specific 
115.20 	Training Pilot Project. $650,000 in fiscal 
115.21 	year 2025 is for a grant to the Minnesota 
115.22 	Ethnic Providers Network to collaborate with 
115.23 	the commissioner of human services to 
115.24 	develop and implement a pilot program to 
115.25 	provide: (1) linguistically and culturally 
115.26 	specific in-person training to bilingual 
115.27 	individuals, particularly bilingual women, 
115.28 	from diverse ethnic backgrounds; and (2) 
115.29 	technical assistance to Minnesota Ethnic 
115.30 	Provider Network member providers to ensure 
115.31 	successful implementation of the pilot 
115.32 	program, including training, resources, and 
115.33 	ongoing support. Within six months of the 
115.34 	conclusion of the pilot project, the Minnesota 
115.35 	Ethnic Providers Network must provide the 
116.1 	commissioner with an evaluation of the project 
116.2 	as determined by the commissioner. 
116.3 	Notwithstanding Minnesota Statutes, section 
116.4 	16A.28, subdivision 3, this appropriation is 
116.5 	available until June 30, 2027. This is a onetime 
116.6 	appropriation.

116.7
116.8	Subd. 9.Grant Programs; Aging and Adult 
Services Grants
 		-0-
		8,922,000
	
116.9 	(a) Caregiver Respite Services Grants.
116.10 	$3,922,000 in fiscal year 2025 is for caregiver 
116.11 	respite services grants under Minnesota 
116.12 	Statutes, section 256.9756. Notwithstanding 
116.13 	Minnesota Statutes, section 16A.28, 
116.14 	subdivision 3, this appropriation is available 
116.15 	until June 30, 2027. This is a onetime 
116.16 	appropriation.
116.17 	(b) Caregiver Support Programs.
116.18 	$5,000,000 in fiscal year 2025 is for the 
116.19 	Minnesota Board on Aging for the purposes 
116.20 	of the caregiver support programs under 
116.21 	Minnesota Statutes, section 256.9755. 
116.22 	Programs receiving funding under this 
116.23 	paragraph must include an ALS-specific 
116.24 	respite service in their caregiver support 
116.25 	program. This is a onetime appropriation.

116.26	Subd. 10.Grant Programs; Disabilities Grants
 		8,900,000
		13,535,000
	
116.27 	(a) Capital Improvement for Accessibility.
116.28 	$400,000 in fiscal year 2025 is for a payment 
116.29 	to Anoka County to make capital 
116.30 	improvements to existing space in the Anoka 
116.31 	County Human Services building in the city 
116.32 	of Blaine, including making bathrooms fully 
116.33 	compliant with the Americans with Disabilities 
116.34 	Act with adult changing tables and ensuring 
116.35 	barrier-free access for the purposes of 
117.1 	improving and expanding the services an 
117.2 	existing building tenant can provide to adults 
117.3 	with developmental disabilities. This is a 
117.4 	onetime appropriation.
117.5 	(b) Own Home Services Provider 
117.6 	Capacity-Building Grants. $5,000,000 in 
117.7 	fiscal year 2025 is for the own home services 
117.8 	provider capacity-building grant program. 
117.9 	Notwithstanding Minnesota Statutes, section 
117.10 	16A.28, subdivision 3, this appropriation is 
117.11 	available until June 30, 2027. This is a onetime 
117.12 	appropriation.
117.13 	(c) Dakota County Disability Services 
117.14 	Workforce Shortage Pilot Project.
117.15 	$1,000,000 in fiscal year 2025 is for a grant 
117.16 	to Dakota County for innovative solutions to 
117.17 	the disability services workforce shortage. Up 
117.18 	to $500,000 of this amount must be used to 
117.19 	develop and test an online application for 
117.20 	matching requests for services from people 
117.21 	with disabilities to available staff, and up to 
117.22 	$500,000 of this amount must be used to 
117.23 	develop a communities-for-all program that 
117.24 	engages businesses, community organizations, 
117.25 	neighbors, and informal support systems to 
117.26 	promote community inclusion of people with 
117.27 	disabilities. By October 1, 2026, the 
117.28 	commissioner shall report the outcomes and 
117.29 	recommendations of these pilot projects to the 
117.30 	chairs and ranking minority members of the 
117.31 	legislative committees with jurisdiction over 
117.32 	human services finance and policy. 
117.33 	Notwithstanding Minnesota Statutes, section 
117.34 	16A.28, subdivision 3, this appropriation is 
118.1 	available until June 30, 2027. This is a onetime 
118.2 	appropriation.
118.3 	(d) Pediatric Hospital-to-Home Transition 
118.4 	Pilot Program. $1,040,000 in fiscal year 2025 
118.5 	is for the pediatric hospital-to-home pilot 
118.6 	program. Notwithstanding Minnesota Statutes, 
118.7 	section 16A.28, subdivision 3, this 
118.8 	appropriation is available until June 30, 2027. 
118.9 	This is a onetime appropriation.
118.10 	(e) Artists With Disabilities Support Grant.
118.11 	$690,000 in fiscal year 2025 is for a grant to 
118.12 	a nonprofit organization licensed under 
118.13 	Minnesota Statutes, chapter 245D, located on 
118.14 	Minnehaha Avenue West in Saint Paul, and 
118.15 	that supports artists with disabilities in creating 
118.16 	visual and performing art that challenges 
118.17 	society's views of persons with disabilities. 
118.18 	Notwithstanding Minnesota Statutes, section 
118.19 	16A.28, subdivision 3, this appropriation is 
118.20 	available until June 30, 2027. This is a onetime 
118.21 	appropriation.
118.22 	(f) Emergency Relief Grants for Rural 
118.23 	EIDBI Providers. $600,000 in fiscal year 
118.24 	2025 is for emergency relief grants for EIDBI 
118.25 	providers. This is a onetime appropriation.
118.26 	(g) Accessible Space, Inc. $250,000 in fiscal 
118.27 	year 2025 is for a grant to Accessible Space, 
118.28 	Inc. for nursing services provided in integrated 
118.29 	community supports settings, but not 
118.30 	otherwise reimbursed under Minnesota 
118.31 	Statutes, section 256B.4914. This is a onetime 
118.32 	appropriation.
118.33 	(h) Self-Advocacy Grants for Persons with 
118.34 	Intellectual and Developmental Disabilities.
119.1 	$648,000 in fiscal year 2025 is for 
119.2 	self-advocacy grants under Minnesota Statutes, 
119.3 	section 256.477. Of these amounts, $438,000 
119.4 	in fiscal year 2025 is for the activities under 
119.5 	Minnesota Statutes, section 256.477, 
119.6 	subdivision 1, paragraph (a), clauses (5) to (7), 
119.7 	and for administrative costs, and $210,000 in 
119.8 	fiscal year 2025 is for the activities under 
119.9 	Minnesota Statutes, section 256.477, 
119.10 	subdivision 2. This is onetime appropriation. 
119.11 	Notwithstanding Minnesota Statutes, section 
119.12 	16A.28, subdivision 3, this appropriation is 
119.13 	available until June 30, 2027.
119.14 	(i) Electronic Visit Verification 
119.15 	Implementation Grants. $1,596,000 in fiscal 
119.16 	year 2025 is for electronic visit verification 
119.17 	implementation grants. This is a onetime 
119.18 	appropriation. Notwithstanding Minnesota 
119.19 	Statutes, section 16A.28, subdivision 3, this 
119.20 	appropriation is available until June 30, 2027.
119.21 	(j) SEWA-AIFW. $500,000 in fiscal year 
119.22 	2025 is for a grant to SEWA-AIFW. Of this 
119.23 	amount, $150,000 is for SEWA-AIFW's South 
119.24 	Asian persons of neurodiverse abilities 
119.25 	(SAPNA) program and $350,000 is for 
119.26 	SEWA-AIFW's senior program. This is a 
119.27 	onetime appropriation. Notwithstanding 
119.28 	Minnesota Statutes, section 16A.28, 
119.29 	subdivision 3, this appropriation is available 
119.30 	until June 30, 2027.
119.31 	(k) Base Level Adjustment. The general fund 
119.32 	base is increased by $1,811,000 in fiscal year 
119.33 	2026 and $1,811,000 in fiscal year 2027.

119.34
119.35	Subd. 11.Grant Programs; Adult Mental Health 
Grants
 		(8,900,000)
		(1,561,000)
	
120.1 	Engagement Services Pilot Project.
120.2 	$250,000 in fiscal year 2025 is for the 
120.3 	engagement services pilot project. 
120.4 	Notwithstanding Minnesota Statutes, section 
120.5 	16A.28, subdivision 3, this appropriation is 
120.6 	available until June 30, 2027. This is a onetime 
120.7 	appropriation.
120.8 	Base Level Adjustment. The general fund 
120.9 	base is decreased by $1,811,000 in fiscal year 
120.10 	2026 and $1,811,000 in fiscal year 2027.

120.11
120.12	Subd. 12.Grant Programs; Chemical 
Dependency Treatment Support Grants
 		(500,000)
		-0-

120.13
120.14	Subd. 13.Direct Care and Treatment - Mental 
Health and Substance Abuse
 		-0-
		977,000

120.15
120.16	Subd. 14.Direct Care and Treatment - Forensic 
Services
 		-0-
		7,182,000
	
120.17 	Base Level Adjustment. The general fund 
120.18 	base is increased by $6,612,000 in fiscal year 
120.19 	2026 and $6,612,000 in fiscal year 2027.

120.20
120.21	Subd. 15.Direct Care and Treatment - 
Operations
 		-0-
		898,000
	
120.22 	(a) Free Communication Services for 
120.23 	Patients and Clients. $292,000 in fiscal year 
120.24 	2025 is for free communication services under 
120.25 	article 6, section 1. This is a onetime 
120.26 	appropriation. Notwithstanding Minnesota 
120.27 	Statutes, section 16A.28, subdivision 3, this 
120.28 	appropriation is available until June 30, 2026.
120.29 	(b) Base Level Adjustment. The general fund 
120.30 	base is increased by $617,000 in fiscal year 
120.31 	2026 and $586,000 in fiscal year 2027.

120.32	Subd. 16.Grant Administration Costs
 					
120.33 	Notwithstanding Minnesota Statutes, section 
120.34 	16B.98, subdivision 14, the commissioner of 
121.1 	human services must not use any of the grant 
121.2 	amounts appropriated under this section for 
121.3 	administrative costs.

121.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

121.5	Sec. 3. COMMISSIONER OF HEALTH

121.6	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	986,000

121.7	Appropriations by Fund
	
121.8		2024
	2025
	
121.9	General
	-0-
	724,000
	
121.10
121.11	State Government 
Special Revenue
	-0-
	262,000
	
121.12 	The amounts that may be spent for each 
121.13 	purpose are specified in the following 
121.14 	subdivisions.

121.15	Subd. 2.Health Improvement
 		-0-
		554,000
	
121.16 	(a) Community Care Hub Grant. $500,000 
121.17 	in fiscal year 2025 is from the general fund 
121.18 	for the community care hub planning grant. 
121.19 	Notwithstanding Minnesota Statutes, section 
121.20 	16A.28, subdivision 3, this appropriation is 
121.21 	available until June 30, 2027. This is a onetime 
121.22 	appropriation.
121.23 	(b) Carryforward Authority.
121.24 	Notwithstanding Minnesota Statutes, section 
121.25 	16A.28, subdivision 3, $54,000 in fiscal year 
121.26 	2025 is available for administration expenses 
121.27 	until June 30, 2026.

121.28	Subd. 3.Health Protection
 		-0-
		432,000

121.29	Appropriations by Fund
	
121.30	General
	-0-
	170,000
	
121.31
121.32	State Government 
Special Revenue
	-0-
	262,000
	
121.33 	(a) Chapter 144G Compliance Support 
121.34 	Grant. $250,000 in fiscal year 2025 is from 
122.1 	the dedicated special revenue account 
122.2 	established under Minnesota Statutes, section 
122.3 	144A.474, subdivision 11, paragraph (j), and 
122.4 	$170,000 in fiscal year 2025 is from the 
122.5 	general fund for a grant to a nonprofit 
122.6 	organization to conduct culturally specific 
122.7 	outreach and education for small assisted 
122.8 	living providers seeking to improve 
122.9 	understanding and compliance with physical 
122.10 	plant and client-focused licensing 
122.11 	requirements under chapter 144G and rules 
122.12 	promulgated thereunder. This is a onetime 
122.13 	appropriation.
122.14 	(b) Base Level Adjustments. The state 
122.15 	government special revenue base is increased 
122.16 	by $24,000 in fiscal year 2026 and increased 
122.17 	by $24,000 in fiscal year 2027.

122.18	Subd. 4.Grant Administration Costs
 					
122.19 	Notwithstanding Minnesota Statutes, section 
122.20 	16B.98, subdivision 14, the commissioner of 
122.21 	health must not use any of the grant amounts 
122.22 	appropriated under this section for 
122.23 	administrative costs.

122.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

122.25	Sec. 4. COUNCIL ON DISABILITY
 	$
	0
	$
	400,000
	
122.26 	$400,000 in fiscal year 2025 is for the 
122.27 	Legislative Task Force on Guardianship. 
122.28 	Notwithstanding Minnesota Statutes, section 
122.29 	16A.28, subdivision 3, this appropriation is 
122.30 	available until June 30, 2027. This is a onetime 
122.31 	appropriation.

123.1 	Sec. 5. Laws 2021, First Special Session chapter 7, article 17, section 19, as amended by 
123.2 	Laws 2022, chapter 98, article 15, section 15, is amended to read:
123.3 	Sec. 19. CENTERS FOR INDEPENDENT LIVING HCBS ACCESS GRANT.
 123.4 	(a) This act includes $1,200,000 in fiscal year 2022 and $1,200,000 in fiscal year 2023 
123.5 	for grants to expand services to support people with disabilities from underserved 
123.6 	communities who are ineligible for medical assistance to live in their own homes and 
123.7 	communities by providing accessibility modifications, independent living services, and 
123.8 	public health program facilitation. The commissioner of human services must award the 
123.9 	grants in equal amounts to grantees. To be eligible, a grantee must be an organization defined 
123.10 	in Minnesota Statutes, section 268A.01, subdivision 8. Any unexpended amount in fiscal 
123.11 	year 2022 is available through June 30, 2023. The general fund base included in this act for 
123.12 	this purpose is $0 in fiscal year 2024 and $0 in fiscal year 2025.
123.13 	(b) All grant activities must be completed by March 31, 2024 June 30, 2025.
123.14 	(c) This section expires June 30, 2024 2025.

123.15 	EFFECTIVE DATE. This section is effective retroactively from March 31, 2024.

123.16 	Sec. 6. Laws 2023, chapter 61, article 9, section 2, subdivision 13, is amended to read:

123.17
123.18	Subd. 13.Grant Programs; Other Long-Term 
Care Grants
 		152,387,000
		1,925,000
	
123.19 	(a) Provider Capacity Grant for Rural and 
123.20 	Underserved Communities. $17,148,000 in 
123.21 	fiscal year 2024 is for provider capacity grants 
123.22 	for rural and underserved communities. Of 
123.23 	this amount, $250,000 is for a grant to a 
123.24 	nonprofit organization to conduct a culturally 
123.25 	specific outreach and education campaign 
123.26 	toward existing customized living providers 
123.27 	that might more appropriately serve their 
123.28 	clients under a different home and 
123.29 	community-based services program or license.
123.30 	Notwithstanding Minnesota Statutes, section 
123.31 	16A.28, this appropriation is available until 
123.32 	June 30, 2027. This is a onetime appropriation.
124.1 	(b) New American Legal, Social Services, 
124.2 	and Long-Term Care Grant Program.
124.3 	$28,316,000 in fiscal year 2024 is for 
124.4 	long-term care workforce grants for new 
124.5 	Americans. Notwithstanding Minnesota 
124.6 	Statutes, section 16A.28, this appropriation is 
124.7 	available until June 30, 2027. This is a onetime 
124.8 	appropriation.
124.9 	(c) Supported Decision Making Programs.
124.10 	$4,000,000 in fiscal year 2024 is for supported 
124.11 	decision making grants. This is a onetime 
124.12 	appropriation and is available until June 30, 
124.13 	2025.
124.14 	(d) Direct Support Professionals 
124.15 	Employee-Owned Cooperative Program.
124.16 	$350,000 in fiscal year 2024 is for a grant to 
124.17 	the Metropolitan Consortium of Community 
124.18 	Developers for the Direct Support 
124.19 	Professionals Employee-Owned Cooperative 
124.20 	program. The grantee must use the grant 
124.21 	amount for outreach and engagement, 
124.22 	managing a screening and selection process, 
124.23 	providing one-on-one technical assistance, 
124.24 	developing and providing training curricula 
124.25 	related to cooperative development and home 
124.26 	and community-based waiver services, 
124.27 	administration, reporting, and program 
124.28 	evaluation. This is a onetime appropriation 
124.29 	and is available until June 30, 2025.
124.30 	(e) Long-Term Services and Supports 
124.31 	Workforce Incentive Grants. $83,560,000 
124.32 	in fiscal year 2024 is for long-term services 
124.33 	and supports workforce incentive grants 
124.34 	administered according to Minnesota Statutes, 
124.35 	section 256.4764. Notwithstanding Minnesota 
125.1 	Statutes, section 16A.28, this appropriation is 
125.2 	available until June 30, 2029. This is a onetime 
125.3 	appropriation.
125.4 	(f) Base Level Adjustment. The general fund 
125.5 	base is $3,949,000 in fiscal year 2026 and 
125.6 	$3,949,000 in fiscal year 2027. Of these 
125.7 	amounts, $2,024,000 in fiscal year 2026 and 
125.8 	$2,024,000 in fiscal year 2027 are for PCA 
125.9 	background study grants.

125.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

125.11 	Sec. 7. Laws 2023, chapter 61, article 9, section 2, subdivision 16, as amended by Laws 
125.12 	2023, chapter 70, article 15, section 8, is amended to read:

125.13	Subd. 16.Grant Programs; Disabilities Grants
 		113,684,000
		30,377,000
	
125.14 	(a) Temporary Grants for Small 
125.15 	Customized Living Providers. $5,450,000 
125.16 	in fiscal year 2024 is for grants to assist small 
125.17 	customized living providers to transition to 
125.18 	community residential services licensure or 
125.19 	integrated community supports licensure. 
125.20 	Notwithstanding Minnesota Statutes, section 
125.21 	16A.28, this appropriation is available until 
125.22 	June 30, 2027. This is a onetime appropriation.
125.23 	(b) Lead Agency Capacity Building Grants.
125.24 	$444,000 in fiscal year 2024 and $2,396,000 
125.25 	in fiscal year 2025 are for grants to assist 
125.26 	organizations, counties, and Tribes to build 
125.27 	capacity for employment opportunities for 
125.28 	people with disabilities. The base for this 
125.29 	appropriation is $2,413,000 in fiscal year 2026 
125.30 	and $2,411,000 in fiscal year 2027.
125.31 	(c) Employment and Technical Assistance 
125.32 	Center Grants. $450,000 in fiscal year 2024 
125.33 	and $1,800,000 in fiscal year 2025 are for 
126.1 	employment and technical assistance grants 
126.2 	to assist organizations and employers in 
126.3 	promoting a more inclusive workplace for 
126.4 	people with disabilities.
126.5 	(d) Case Management Training Grants.
126.6 	$37,000 in fiscal year 2024 and $123,000 in 
126.7 	fiscal year 2025 are for grants to provide case 
126.8 	management training to organizations and 
126.9 	employers to support the state's disability 
126.10 	employment supports system. The base for 
126.11 	this appropriation is $45,000 in fiscal year 
126.12 	2026 and $45,000 in fiscal year 2027.
126.13 	(e) Self-Directed Bargaining Agreement; 
126.14 	Electronic Visit Verification Stipends.
126.15 	$6,095,000 in fiscal year 2024 is for onetime 
126.16 	stipends of $200 to bargaining members to 
126.17 	offset the potential costs related to people 
126.18 	using individual devices to access the 
126.19 	electronic visit verification system. Of this 
126.20 	amount, $5,600,000 is for stipends and 
126.21 	$495,000 is for administration. This is a 
126.22 	onetime appropriation and is available until 
126.23 	June 30, 2025.
126.24 	(f) Self-Directed Collective Bargaining 
126.25 	Agreement; Temporary Rate Increase 
126.26 	Memorandum of Understanding. $1,600,000 
126.27 	in fiscal year 2024 is for onetime stipends for 
126.28 	individual providers covered by the SEIU 
126.29 	collective bargaining agreement based on the 
126.30 	memorandum of understanding related to the 
126.31 	temporary rate increase in effect between 
126.32 	December 1, 2020, and February 7, 2021. Of 
126.33 	this amount, $1,400,000 of the appropriation 
126.34 	is for stipends and $200,000 is for 
127.1 	administration. This is a onetime 
127.2 	appropriation.
127.3 	(g) Self-Directed Collective Bargaining 
127.4 	Agreement; Retention Bonuses. $50,750,000 
127.5 	in fiscal year 2024 is for onetime retention 
127.6 	bonuses covered by the SEIU collective 
127.7 	bargaining agreement. Of this amount, 
127.8 	$50,000,000 is for retention bonuses and 
127.9 	$750,000 is for administration of the bonuses. 
127.10 	This is a onetime appropriation and is 
127.11 	available until June 30, 2025.
127.12 	(h) Self-Directed Bargaining Agreement; 
127.13 	Training Stipends. $2,100,000 in fiscal year 
127.14 	2024 and $100,000 in fiscal year 2025 are for 
127.15 	onetime stipends of $500 for collective 
127.16 	bargaining unit members who complete 
127.17 	designated, voluntary trainings made available 
127.18 	through or recommended by the State Provider 
127.19 	Cooperation Committee. Of this amount, 
127.20 	$2,000,000 in fiscal year 2024 is for stipends, 
127.21 	and $100,000 in fiscal year 2024 and $100,000 
127.22 	in fiscal year 2025 are for administration. This 
127.23 	is a onetime appropriation.
127.24 	(i) Self-Directed Bargaining Agreement; 
127.25 	Orientation Program. $2,000,000 in fiscal 
127.26 	year 2024 and $2,000,000 in fiscal year 2025 
127.27 	are for onetime $100 payments to collective 
127.28 	bargaining unit members who complete 
127.29 	voluntary orientation requirements. Of this 
127.30 	amount, $1,500,000 in fiscal year 2024 and 
127.31 	$1,500,000 in fiscal year 2025 are for the 
127.32 	onetime $100 payments, and $500,000 in 
127.33 	fiscal year 2024 and $500,000 in fiscal year 
127.34 	2025 are for orientation-related costs. This is 
127.35 	a onetime appropriation.
128.1 	(j) Self-Directed Bargaining Agreement; 
128.2 	Home Care Orientation Trust. $1,000,000 
128.3 	in fiscal year 2024 is for the Home Care 
128.4 	Orientation Trust under Minnesota Statutes, 
128.5 	section 179A.54, subdivision 11. The 
128.6 	commissioner shall disburse the appropriation 
128.7 	to the board of trustees of the Home Care 
128.8 	Orientation Trust for deposit into an account 
128.9 	designated by the board of trustees outside the 
128.10 	state treasury and state's accounting system. 
128.11 	This is a onetime appropriation and is 
128.12 	available until June 30, 2025.
128.13 	(k) HIV/AIDS Supportive Services.
128.14 	$12,100,000 in fiscal year 2024 is for grants 
128.15 	to community-based HIV/AIDS supportive 
128.16 	services providers as defined in Minnesota 
128.17 	Statutes, section 256.01, subdivision 19, and 
128.18 	for payment of allowed health care costs as 
128.19 	defined in Minnesota Statutes, section 
128.20 	256.9365. This is a onetime appropriation and 
128.21 	is available until June 30, 2025.
128.22 	(l) Motion Analysis Advancements Clinical 
128.23 	Study and Patient Care. $400,000 is fiscal 
128.24 	year 2024 is for a grant to the Mayo Clinic 
128.25 	Motion Analysis Laboratory and Limb Lab 
128.26 	for continued research in motion analysis 
128.27 	advancements and patient care. This is a 
128.28 	onetime appropriation and is available through 
128.29 	June 30, 2025.
128.30 	(m) Grant to Family Voices in Minnesota.
128.31 	$75,000 in fiscal year 2024 and $75,000 in 
128.32 	fiscal year 2025 are for a grant to Family 
128.33 	Voices in Minnesota under Minnesota 
128.34 	Statutes, section 256.4776.
128.35 	(n) Parent-to-Parent Programs.
129.1 	(1) $550,000 in fiscal year 2024 and $550,000 
129.2 	in fiscal year 2025 are for grants to 
129.3 	organizations that provide services to 
129.4 	underserved communities with a high 
129.5 	prevalence of autism spectrum disorder. This 
129.6 	is a onetime appropriation and is available 
129.7 	until June 30, 2025.
129.8 	(2) The commissioner shall give priority to 
129.9 	organizations that provide culturally specific 
129.10 	and culturally responsive services.
129.11 	(3) Eligible organizations must:
129.12 	(i) conduct outreach and provide support to 
129.13 	newly identified parents or guardians of a child 
129.14 	with special health care needs;
129.15 	(ii) provide training to educate parents and 
129.16 	guardians in ways to support their child and 
129.17 	navigate the health, education, and human 
129.18 	services systems;
129.19 	(iii) facilitate ongoing peer support for parents 
129.20 	and guardians from trained volunteer support 
129.21 	parents; and
129.22 	(iv) communicate regularly with other 
129.23 	parent-to-parent programs and national 
129.24 	organizations to ensure that best practices are 
129.25 	implemented.
129.26 	(4) Grant recipients must use grant money for 
129.27 	the activities identified in clause (3).
129.28 	(5) For purposes of this paragraph, "special 
129.29 	health care needs" means disabilities, chronic 
129.30 	illnesses or conditions, health-related 
129.31 	educational or behavioral problems, or the risk 
129.32 	of developing disabilities, illnesses, conditions, 
129.33 	or problems.
130.1 	(6) Each grant recipient must report to the 
130.2 	commissioner of human services annually by 
130.3 	January 15 with measurable outcomes from 
130.4 	programs and services funded by this 
130.5 	appropriation the previous year including the 
130.6 	number of families served and the number of 
130.7 	volunteer support parents trained by the 
130.8 	organization's parent-to-parent program.
130.9 	(o) Self-Advocacy Grants for Persons with 
130.10 	Intellectual and Developmental Disabilities.
130.11 	$323,000 in fiscal year 2024 and $323,000 in 
130.12 	fiscal year 2025 are for self-advocacy grants 
130.13 	under Minnesota Statutes, section 256.477. 
130.14 	This is a onetime appropriation. Of these 
130.15 	amounts, $218,000 in fiscal year 2024 and 
130.16 	$218,000 in fiscal year 2025 are for the 
130.17 	activities under Minnesota Statutes, section 
130.18 	256.477, subdivision 1, paragraph (a), clauses 
130.19 	(5) to (7), and for administrative costs, and 
130.20 	$105,000 in fiscal year 2024 and $105,000 in 
130.21 	fiscal year 2025 are for the activities under 
130.22 	Minnesota Statutes, section 256.477, 
130.23 	subdivision 2.
130.24 	(p) Technology for Home Grants. $300,000 
130.25 	in fiscal year 2024 and $300,000 in fiscal year 
130.26 	2025 are for technology for home grants under 
130.27 	Minnesota Statutes, section 256.4773.
130.28 	(q) Community Residential Setting 
130.29 	Transition. $500,000 in fiscal year 2024 is 
130.30 	for a grant to Hennepin County to expedite 
130.31 	approval of community residential setting 
130.32 	licenses subject to the corporate foster care 
130.33 	moratorium exception under Minnesota 
130.34 	Statutes, section 245A.03, subdivision 7, 
130.35 	paragraph (a), clause (5).
131.1 	(r) Base Level Adjustment. The general fund 
131.2 	base is $27,343,000 in fiscal year 2026 and 
131.3 	$27,016,000 in fiscal year 2027.

131.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

131.5 	Sec. 8. Laws 2023, chapter 61, article 9, section 2, subdivision 18, is amended to read:

131.6
131.7	Subd. 18.Grant Programs; Chemical 
Dependency Treatment Support Grants

131.8	Appropriations by Fund
	
131.9	General
	54,691,000
	5,342,000
	
131.10	Lottery Prize
	1,733,000
	1,733,000
	
131.11 	(a) Culturally Specific Recovery 
131.12 	Community Organization Start-Up Grants.
131.13 	$4,000,000 in fiscal year 2024 is for culturally 
131.14 	specific recovery community organization 
131.15 	start-up grants. Notwithstanding Minnesota 
131.16 	Statutes, section 16A.28, this appropriation is 
131.17 	available until June 30, 2027. This is a onetime 
131.18 	appropriation.
131.19 	(b) Safe Recovery Sites. $14,537,000 in fiscal 
131.20 	year 2024 is from the general fund for start-up 
131.21 	and capacity-building grants for organizations 
131.22 	to establish safe recovery sites. 
131.23 	Notwithstanding Minnesota Statutes, section 
131.24 	16A.28, this appropriation is onetime and is 
131.25 	available until June 30, 2029.
131.26 	(c) Technical Assistance for Culturally 
131.27 	Specific Organizations; Culturally Specific 
131.28 	Services Grants. $4,000,000 in fiscal year 
131.29 	2024 is for grants to culturally specific 
131.30 	providers for technical assistance navigating 
131.31 	culturally specific and responsive substance 
131.32 	use and recovery programs. Notwithstanding 
131.33 	Minnesota Statutes, section 16A.28, this 
131.34 	appropriation is available until June 30, 2027.
132.1 	(d) Technical Assistance for Culturally 
132.2 	Specific Organizations; Culturally Specific 
132.3 	Grant Development Training. $400,000 in 
132.4 	fiscal year 2024 is for grants for up to four 
132.5 	trainings for community members and 
132.6 	culturally specific providers for grant writing 
132.7 	training for substance use and recovery-related 
132.8 	grants. Notwithstanding Minnesota Statutes, 
132.9 	section 16A.28, this is a onetime appropriation 
132.10 	and is available until June 30, 2027.
132.11 	(e) Harm Reduction Supplies for Tribal and 
132.12 	Culturally Specific Programs. $7,597,000 
132.13 	in fiscal year 2024 is from the general fund to 
132.14 	provide sole source grants to culturally 
132.15 	specific communities to purchase syringes, 
132.16 	testing supplies, and opiate antagonists. 
132.17 	Notwithstanding Minnesota Statutes, section 
132.18 	16A.28, this appropriation is available until 
132.19 	June 30, 2027. This is a onetime appropriation.
132.20 	(f) Families and Family Treatment 
132.21 	Capacity-Building and Start-Up Grants.
132.22 	$10,000,000 in fiscal year 2024 is from the 
132.23 	general fund for start-up and capacity-building 
132.24 	grants for family substance use disorder 
132.25 	treatment programs. Notwithstanding 
132.26 	Minnesota Statutes, section 16A.28, this 
132.27 	appropriation is available until June 30, 2029. 
132.28 	This is a onetime appropriation.
132.29 	(g) Start-Up and Capacity Building Grants 
132.30 	for Withdrawal Management.$500,000 $0
132.31 	in fiscal year 2024 and $1,000,000 in fiscal 
132.32 	year 2025 are for start-up and capacity 
132.33 	building grants for withdrawal management.
132.34 	(h) Recovery Community Organization 
132.35 	Grants. $4,300,000 in fiscal year 2024 is from 
133.1 	the general fund for grants to recovery 
133.2 	community organizations, as defined in 
133.3 	Minnesota Statutes, section 254B.01, 
133.4 	subdivision 8, that are current grantees as of 
133.5 	June 30, 2023. This is a onetime appropriation 
133.6 	and is available until June 30, 2025.
133.7 	(i) Opioid Overdose Prevention Grants.
133.8 	(1) $125,000 in fiscal year 2024 and $125,000 
133.9 	in fiscal year 2025 are from the general fund 
133.10 	for a grant to Ka Joog, a nonprofit organization 
133.11 	in Minneapolis, Minnesota, to be used for 
133.12 	collaborative outreach, education, and training 
133.13 	on opioid use and overdose, and distribution 
133.14 	of opiate antagonist kits in East African and 
133.15 	Somali communities in Minnesota. This is a 
133.16 	onetime appropriation.
133.17 	(2) $125,000 in fiscal year 2024 and $125,000 
133.18 	in fiscal year 2025 are from the general fund 
133.19 	for a grant to the Steve Rummler Hope 
133.20 	Network to be used for statewide outreach, 
133.21 	education, and training on opioid use and 
133.22 	overdose, and distribution of opiate antagonist 
133.23 	kits. This is a onetime appropriation.
133.24 	(3) $250,000 in fiscal year 2024 and $250,000 
133.25 	in fiscal year 2025 are from the general fund 
133.26 	for a grant to African Career Education and 
133.27 	Resource, Inc. to be used for collaborative 
133.28 	outreach, education, and training on opioid 
133.29 	use and overdose, and distribution of opiate 
133.30 	antagonist kits. This is a onetime 
133.31 	appropriation.
133.32 	(j) Problem Gambling. $225,000 in fiscal 
133.33 	year 2024 and $225,000 in fiscal year 2025 
133.34 	are from the lottery prize fund for a grant to a 
134.1 	state affiliate recognized by the National 
134.2 	Council on Problem Gambling. The affiliate 
134.3 	must provide services to increase public 
134.4 	awareness of problem gambling, education, 
134.5 	training for individuals and organizations that 
134.6 	provide effective treatment services to problem 
134.7 	gamblers and their families, and research 
134.8 	related to problem gambling.
134.9 	(k) Project ECHO. $1,310,000 in fiscal year 
134.10 	2024 and $1,295,000 in fiscal year 2025 are 
134.11 	from the general fund for a grant to Hennepin 
134.12 	Healthcare to expand the Project ECHO 
134.13 	program. The grant must be used to establish 
134.14 	at least four substance use disorder-focused 
134.15 	Project ECHO programs at Hennepin 
134.16 	Healthcare, expanding the grantee's capacity 
134.17 	to improve health and substance use disorder 
134.18 	outcomes for diverse populations of 
134.19 	individuals enrolled in medical assistance, 
134.20 	including but not limited to immigrants, 
134.21 	individuals who are homeless, individuals 
134.22 	seeking maternal and perinatal care, and other 
134.23 	underserved populations. The Project ECHO 
134.24 	programs funded under this section must be 
134.25 	culturally responsive, and the grantee must 
134.26 	contract with culturally and linguistically 
134.27 	appropriate substance use disorder service 
134.28 	providers who have expertise in focus areas, 
134.29 	based on the populations served. Grant funds 
134.30 	may be used for program administration, 
134.31 	equipment, provider reimbursement, and 
134.32 	staffing hours. This is a onetime appropriation.
134.33 	(l) White Earth Nation Substance Use 
134.34 	Disorder Digital Therapy Tool. $3,000,000 
134.35 	in fiscal year 2024 is from the general fund 
135.1 	for a grant to the White Earth Nation to 
135.2 	develop an individualized Native American 
135.3 	centric digital therapy tool with Pathfinder 
135.4 	Solutions. This is a onetime appropriation. 
135.5 	The grant must be used to:
135.6 	(1) develop a mobile application that is 
135.7 	culturally tailored to connecting substance use 
135.8 	disorder resources with White Earth Nation 
135.9 	members;
135.10 	(2) convene a planning circle with White Earth 
135.11 	Nation members to design the tool;
135.12 	(3) provide and expand White Earth 
135.13 	Nation-specific substance use disorder 
135.14 	services; and
135.15 	(4) partner with an academic research 
135.16 	institution to evaluate the efficacy of the 
135.17 	program.
135.18 	(m) Wellness in the Woods. $300,000 in 
135.19 	fiscal year 2024 and $300,000 in fiscal year 
135.20 	2025 are from the general fund for a grant to 
135.21 	Wellness in the Woods for daily peer support 
135.22 	and special sessions for individuals who are 
135.23 	in substance use disorder recovery, are 
135.24 	transitioning out of incarceration, or who have 
135.25 	experienced trauma. These are onetime 
135.26 	appropriations.
135.27 	(n) Base Level Adjustment. The general fund 
135.28 	base is $3,247,000 in fiscal year 2026 and 
135.29 	$3,247,000 in fiscal year 2027.

135.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

135.31 	Sec. 9. EXPIRATION OF UNCODIFIED LANGUAGE.
 135.32 	All uncodified language contained in this article expires on June 30, 2025, unless a 
135.33 	different expiration date is explicit.

APPENDIX 

Repealed Minnesota Statutes: S5335-2 

246.41 BENEFIT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.Subdivision 1.Acceptance. 
The commissioner of human services is authorized to accept, for and in behalf of the state, contributions of money for the use and benefit of persons with developmental disabilities. 

Subd. 2.Special welfare fund. 
Any money so received by the commissioner shall be deposited with the commissioner of management and budget in a special welfare fund, which fund is to be used by the commissioner of human services for the benefit of persons with developmental disabilities within the state, including those within state hospitals. And, without excluding other possible uses, research relating to persons with developmental disabilities shall be considered an appropriate use of such funds; but such funds shall not be used for any structures or installations which by their nature would require state expenditures for their operation or maintenance without specific legislative enactment therefor. 

Subd. 3.Appropriation. 
There is hereby appropriated from the special welfare fund in the state treasury to such persons as are entitled thereto to carry out the provisions stated in this section. 

246C.03 TRANSITION OF AUTHORITY; DEVELOPMENT OF A BOARD.Subdivision 1.Authority until board is developed and powers defined. 
On July 1, 2023, the commissioner of human services shall continue to exercise all authorities and responsibilities under chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, until legislation is effective that develops the Department of Direct Care and Treatment executive board and defines the responsibilities and powers of the Department of Direct Care and Treatment and its executive board. 

Subd. 2.Development of Department of Direct Care and Treatment Board. 
(a) The commissioner of human services shall prepare legislation for introduction during the 2024 legislative session, with input from stakeholders the commissioner deems necessary, proposing legislation for the creation and implementation of the Direct Care and Treatment executive board and defining the responsibilities, powers, and function of the Department of Direct Care and Treatment executive board. 

(b) The Department of Direct Care and Treatment executive board shall consist of no more than five members, all appointed by the governor. 

(c) An executive board member's qualifications must be appropriate for overseeing a complex behavioral health system, such as experience serving on a hospital or non-profit board, serving as a public sector labor union representative, experience in delivery of behavioral health services or care coordination, or working as a licensed health care provider, in an allied health profession, or in health care administration. 

252.021 DEFINITION.
For the purposes of this chapter, the term "related condition" has the meaning given in section 252.27, subdivision 1a. 

252.27 CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.Subd. 1a.Definitions. 
A "related condition" is a condition: (1) that is found to be closely related to a developmental disability, including, but not limited to, cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi syndrome; and (2) that meets all of the following criteria: 

(i) is severe and chronic; 

(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with developmental disabilities; 

(iii) requires treatment or services similar to those required for persons with developmental disabilities; 

(iv) is manifested before the person reaches 22 years of age; 

(v) is likely to continue indefinitely; 

(vi) results in substantial functional limitations in three or more of the following areas of major life activity: (A) self-care, (B) understanding and use of language, (C) learning, (D) mobility, (E) self-direction, or (F) capacity for independent living; and 

(vii) is not attributable to mental illness as defined in section 245.462, subdivision 20, or an emotional disturbance as defined in section 245.4871, subdivision 15. 

For purposes of item (vii), notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, "mental illness" does not include autism or other pervasive developmental disorders. 

Subd. 2.Parental responsibility. 
Responsibility of the parents for the cost of services shall be based upon ability to pay. The state agency shall adopt rules to determine responsibility of the parents for the cost of services when: 

(1) insurance or other health care benefits pay some but not all of the cost of services; and 

(2) no insurance or other health care benefits are available. 

Subd. 2a.Contribution amount. 
(a) The natural or adoptive parents of a minor child, not including a child determined eligible for medical assistance without consideration of parental income under the Tax Equity and Fiscal Responsibility Act (TEFRA) option or a child accessing home and community-based waiver services, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act. The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability. 

(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents: 

(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 1.65 percent of adjusted gross income at 275 percent of federal poverty guidelines and increases to 4.5 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines; 

(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 4.5 percent of adjusted gross income; 

(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 4.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to 5.99 percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and 

(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 7.49 percent of adjusted gross income. 

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid. 

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes. 

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income. 

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed. 

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size. 

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b). 

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization. 

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due. 

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1: 

(1) the parent applied for insurance for the child; 

(2) the insurer denied insurance; 

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and 

(4) as a result of the dispute, the insurer reversed its decision and granted insurance. 

For purposes of this section, "insurance" has the meaning given in paragraph (h). 

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including but not limited to the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14. 

Subd. 3.Civil actions. 
If the parent fails to make appropriate reimbursement as required in subdivisions 2a and 2b, the attorney general, at the request of the commissioner, may institute or direct the appropriate county attorney to institute civil action to recover the required reimbursement. 

Subd. 4a.Order of payment. 
If the parental contribution is for reimbursement for the cost of services to both the local agency and the medical assistance program, the local agency shall be reimbursed for its expenses first and the remainder must be deposited in the medical assistance account. 

Subd. 5.Determination; redetermination; notice. 
A determination order and notice of parental fee shall be mailed to the parent at least annually, or more frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain the following information: 

(1) the amount the parent is required to contribute; 

(2) notice of the right to a redetermination and appeal; and 

(3) the telephone number of the division at the Department of Human Services that is responsible for redeterminations. 

Subd. 6.Appeals. 
A parent may appeal the determination or redetermination of an obligation to make a contribution under this section, according to section 256.045. The parent must make a request for a hearing in writing within 30 days of the date the determination or redetermination order is mailed, or within 90 days of such written notice if the parent shows good cause why the request was not submitted within the 30-day time limit. The commissioner must provide the parent with a written notice that acknowledges receipt of the request and notifies the parent of the date of the hearing. While the appeal is pending, the parent has the rights regarding making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's determination or redetermination is affirmed, the parent shall, within 90 calendar days after the date an order is issued under section 256.045, subdivision 5, pay the total amount due from the effective date of the notice of determination or redetermination that was appealed by the parent. If the commissioner's order under this subdivision results in a decrease in the parental fee amount, any payments made by the parent that result in an overpayment shall be credited to the parent as provided in Minnesota Rules, part 9550.6235, subpart 3. 

256B.0916 EXPANSION OF HOME AND COMMUNITY-BASED SERVICES.Subd. 10.Transitional supports allowance. 
A transitional supports allowance shall be available to all persons under a home and community-based waiver who are moving from a licensed setting to a community setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to cover the costs, not covered by other sources, associated with moving from a licensed setting to a community setting. Covered costs include: 

(1) lease or rent deposits; 

(2) security deposits; 

(3) utilities setup costs, including telephone; 

(4) essential furnishings and supplies; and 

(5) personal supports and transports needed to locate and transition to community settings.