Office of the Revisor of Statutes
HF 2038
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/12/2025 12:26 p.m.
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A bill for an act
relating to human services; modifying the requirements for Waiver Reimagine;
establishing the Legislative Task Force on Waiver Reimagine; making
appointments; requiring a report; amending Laws 2021, First Special Session
chapter 7, article 13, section 75, subdivisions 4, as amended, 5, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision
4, as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
Subd. 4.
Required report.
Prior to seeking federal approval for any aspect of waiver
reimagine phase II and new text begin no later than December 15, 2026, new text end in collaboration with the Waiver
Reimagine Advisory Committee, the commissioner must submit to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over health
and human services a report on plans for waiver reimagine phase IInew text begin , as well as the actual
Waiver Reimagine plan intended to be submitted for federal approvalnew text end . The report must also
include any plans to adjust or modify the streamlined menu of services, the existing rate new text begin or
budget new text end exemption criteria or process, the proposed individual budget deleted text begin rangesdeleted text end new text begin based on need
and not location of services, including additional budget resources beyond the resources
required to meet assessed need that may be necessary for the individual to live in the least
restrictive environmentnew text end , and the role of MnCHOICES 2.0 assessment tool in determining
service needs and individual deleted text begin budget rangesdeleted text end new text begin budgetsnew text end .
Sec. 2.
Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 5,
as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
Subd. 5.
Transition process.
(a) Prior to implementation of wavier reimagine phase II,
the commissioner must establish a process to assist people who use waiver services and
lead agencies new text begin to new text end transition to a two-waiver system with an individual budget methodology.
(b) The commissioner must ensure that the new waiver service menu and individual
budgets allow people to live in their own home, family home, or any home and
community-based setting of their choicenew text begin , including ensuring that the assessment tool used
to set individual budgets covers necessary services and resources to live in the least restrictive
environmentnew text end . The commissioner must ensure, subject to state and federal regulations and
law, that waiver reimagine does not result in unintended service disruptions. new text begin The
commissioner must ensure that individual budgets are set based on the needs of the individual
and not tied to location of services, including additional resources beyond the resources
required to meet assessed need that may be necessary for the individual to live in the least
restrictive environment.
new text end
Sec. 3. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; INPUT ON
WAIVER REIMAGINE PLAN.
new text end
new text begin
(a) Notwithstanding Laws 2021, First Special Session chapter 7, article 13, section 75,
as amended by Laws 2024, chapter 108, article 1, section 28, and this act, prior to seeking
federal approval for a Waiver Reimagine plan or implementation of the same, the
commissioner of human services must first submit the Waiver Reimagine plan to the
Legislative Task Force on Waiver Reimagine, to the legislature, and to all waiver service
recipients in a specific communication directly to the recipients in a format the recipient
can retrieve, allowing at least six months for review and input and for the commissioner to
make any changes to the plan as a result of the input.
new text end
new text begin
(b) The commissioner of human services shall not submit the Waiver Reimagine plan
for federal approval without first receiving approval from the Legislative Task Force on
Waiver Reimagine.
new text end
Sec. 4. new text begin LEGISLATIVE TASK FORCE ON WAIVER REIMAGINE.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
(a) The Legislative Advisory Task Force on Waiver
Reimagine consists of the following members:
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new text begin
(1) one member of the house of representatives, appointed by the speaker of the house
of representatives;
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(2) one member of the house of representatives, appointed by the leader of the house of
representatives Democratic-Farmer-Labor caucus;
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(3) one member of the senate, appointed by the senate majority leader;
new text end
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(4) one member of the senate, appointed by the senate minority leader;
new text end
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(5) four individuals presently receiving waiver benefits who are under the age of 65,
appointed by the Legislative Coordinating Commission. When making the appointments
under this clause, the Legislative Coordinating Commission must strive to appoint at least
one individual from greater Minnesota and at least one individual assessed to receive ten
or more hours of waiver services per day;
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(6) one county employee who conducts long-term care consultation services assessments
for persons under the age of 65, appointed by the Minnesota Association of County Social
Services Administrators;
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(7) one employee of an organization that operates on behalf of a county as a contracted
case manager to individuals under age 65 receiving waiver services, appointed by the
Legislative Coordinating Commission;
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(8) one representative of the Department of Human Services with knowledge of the
requirements for a provider to participate in waiver service programs and of the
administration of benefits, appointed by the commissioner of human services;
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(9) one employee of the Minnesota Council on Disability, appointed by the Minnesota
Council on Disability;
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(10) one member each from two different disability advocacy organizations, appointed
by the Legislative Coordinating Commission. When making the appointment under this
clause, the Legislative Coordinating Commission must strive to appoint a member from a
self-advocate organization;
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(11) two family members of individuals under the age of 18 who are receiving waivered
services, appointed by the Legislative Coordinating Commission. When making the
appointments under this clause, the Legislative Coordinating Commission must strive to
appoint at least one member from greater Minnesota;
new text end
new text begin
(12) two family members of individuals aged 18 or older and under age 65 who are
receiving waivered services, appointed by the Legislative Coordinating Commission. When
making the appointments under this clause, the Legislative Coordinating Commission must
strive to appoint at least one member from greater Minnesota;
new text end
new text begin
(13) two providers of waivered services for persons who are under the age of 65,
appointed by the Legislative Coordinating Commission. When making the appointments
under this clause, the Legislative Coordinating Commission must strive to appoint at least
one member from greater Minnesota;
new text end
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(14) one member appointed by the Minnesota Indian Affairs Council;
new text end
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(15) one member of the Council on Developmental Disabilities, appointed by the
executive director of the council;
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(16) one employee from the Office of Ombudsman for Mental Health and Developmental
Disabilities, appointed by the ombudsman;
new text end
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(17) one employee from the Office of Ombudsman for Long Term Care, appointed by
the ombudsman;
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(18) one employee from the Olmstead Implementation Office, appointed by the director
of the office;
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(19) one member of a behavioral health advocacy organization that advocates on behalf
of recipients of waiver services, appointed by the Legislative Coordinating Commission;
new text end
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(20) one provider of behavioral health services to recipients of waiver services, appointed
by the Legislative Coordinating Commission;
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(21) one member from the Home Care Association, appointed by the Legislative
Coordinating Commission;
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(22) an employee of the Department of Human Services that is a leader of the Advisory
Committee on Waiver Reimagine, appointed by the commissioner of human services;
new text end
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(23) a member representing the interests of individuals from the Black, Indigenous, and
People of Color community who are under the age of 65 and receiving waiver services,
appointed by the Legislative Coordinating Commission;
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(24) the assistant commissioner of aging and disability services;
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(25) two current public members of the Advisory Committee on Waiver Reimagine,
appointed by the Legislative Coordinating Commission; and
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(26) a member of the Minnesota Disability Law Center, appointed by the executive
director of Mid-Minnesota Legal Aid.
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(b) Each appointing authority must make its appointments by September 30, 2025.
Appointments made by an agency or commissioner may also be made by a designee.
new text end
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(c) The Legislative Coordinating Commission will serve as convener of the task force.
The convener must designate a member or members of the legislature serving on the task
force to serve as chair or cochairs.
new text end
new text begin Subd. 2. new text end
new text begin Meetings; administrative support. new text end
new text begin
The first meeting of the task force must
be convened no later than November 30, 2025. The task force must meet at least quarterly.
Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by
telephone or interactive technology consistent with Minnesota Statutes, section 13D.015.
The Legislative Coordinating Commission shall provide meeting space and administrative
and research support to the task force.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The task force must make findings and recommendations related
to Waiver Reimagine in Minnesota, including but not limited to the following:
new text end
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(1) consolidation of the existing four disability home and community-based waiver
service programs into two waiver programs;
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(2) budgets based on the needs of the individual that are not tied to location of services,
including additional resources beyond the resources required to meet assessed needs that
may be necessary for the individual to live in the least restrictive environment;
new text end
new text begin
(3) individual budget methodologies, including methodologies that account for multiple
budget setting factors such as assessed need; history of authorized budgets; history of budget
utilization limited by unavailability of services, staff, and other factors; history of
hospitalizations; proximity of services; and availability of services, including transportation;
new text end
new text begin
(4) criteria and process for provider rate exceptions and individualized budget exceptions;
new text end
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(5) appropriate assessments, including the MnCHOICES 2.0 assessment tool, in
determining service needs and individualized budgets;
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(6) covered services under each waiver program, including any proposed adjustments
to the menu of services;
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(7) application process waiver services;
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(8) service planning and authorization process for waiver services;
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(9) process of a provider applying for and offering waivered services;
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(10) plan of support, financial and otherwise, to live in the person's own home and in
the most integrated setting as defined under Title 2 of the Americans with Disability Act
(ADA) Integration Mandate and in Minnesota's Olmstead Plan;
new text end
new text begin
(11) program structure not based on where an individual receiving waivered services
lives, but rather the support needs of the individual regardless of location;
new text end
new text begin
(12) intended and unintended consequences of Waiver Reimagine; and
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(13) other items related to Waiver Reimagine as necessary.
new text end
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(b) The task force must seek input from the public, counties, persons receiving waivered
services, families of persons receiving waivered services, providers, state agencies, advocacy
groups, and attorneys. The task force must hold public meetings to gather information to
fulfill the purpose of the task force. The meetings must be accessible by remote participants.
The Department of Human Services shall provide relevant data and research to the task
force to facilitate their work.
new text end
new text begin Subd. 4. new text end
new text begin Compensation; expenses. new text end
new text begin
Members of the task force may receive compensation
and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
3.
new text end
new text begin Subd. 5. new text end
new text begin Report; expiration. new text end
new text begin
The task force shall submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over waiver
services no later than January 15, 2027. The report required by the Waiver Reimagine
Advisory Committee in subdivision 4 of Laws 2021, First Special Session chapter 7, article
13, section 75, as amended by Laws 2024, chapter 108, article 1, section 28, and this act,
must be presented to the Legislative Task Force prior to December 15, 2026. The task force
report required under this subdivision must describe any concerns or recommendations
related to Waiver Reimagine as identified by the task force.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The task force expires upon submission of its report, or December
31, 2027, whichever is earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end