HF 2415

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/17/2025 02:59 p.m.

A bill for an act
relating to human services; creating the legislative commission on intellectual and
developmental disabilities; creating adult foster care and community residential
setting licensing moratorium exceptions; limiting authority to modify day treatment
and habilitation and prevocational rehabilitation programs; providing appointments;
appropriating money; amending Minnesota Statutes 2024, sections 245A.03, by
adding a subdivision; 252.291, subdivision 1, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.8848] LEGISLATIVE COMMISSION ON INTELLECTUAL AND
DEVELOPMENTAL DISABILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The legislative commission on intellectual and
developmental disabilities consists of the following 12 members of the legislature appointed
by the respective leaders of the caucuses of each chamber:
new text end

new text begin (1) the chair and ranking minority member, or as applicable the cochairs, of the house
and senate committees with primary jurisdiction over programs serving people with
intellectual and developmental disabilities at the Department of Human Services;
new text end

new text begin (2) the chair and ranking minority member, or as applicable the cochairs, of the house
and senate committees with primary jurisdiction over programs serving people with
intellectual and developmental disabilities at the Department of Labor and Industry; and
new text end

new text begin (3) the chair and ranking minority member, or as applicable the cochairs, of the house
and senate committees with primary jurisdiction over housing.
new text end

new text begin (b) The commission may elect up to four former legislators who have demonstrated an
interest in, or have a history of working with, programs that serve people with intellectual
or developmental disabilities to serve as nonvoting members of the commission. The former
legislators must not be registered lobbyists.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) "Direct support professional" means any individual employed
to provide documented direct support services to a person with an intellectual or
developmental disability.
new text end

new text begin (b) "Disability services" means services for people with intellectual or developmental
disabilities provided by a county, billed to a county, managed by a county, or subject to
county case management.
new text end

new text begin (c) "Government entity" has the meaning given in section 13.02.
new text end

new text begin (d) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
new text end

new text begin (e) "Person with an intellectual or developmental disability" means a person who has
been diagnosed with an intellectual disability or with a developmental disability or related
condition as defined by any of the following:
new text end

new text begin (1) the current version of the Diagnostic and Statistical Manual of Mental Disorders
(DSM);
new text end

new text begin (2) the United States Center for Disease Control;
new text end

new text begin (3) the National Institute for Health;
new text end

new text begin (4) the American Psychiatric Association Statistical Manual;
new text end

new text begin (5) Minnesota Statutes; or
new text end

new text begin (6) Minnesota Rules, including Minnesota Rules, part 9525.0016, subpart 2, items A to
E.
new text end

new text begin (f) "Summary data" has the meaning given in section 13.02.
new text end

new text begin Subd. 3. new text end

new text begin Terms; vacancies. new text end

new text begin (a) Each appointing authority must make appointments as
soon as possible after the beginning of the regular legislative session in an odd-numbered
year.
new text end

new text begin (b) Members of the commission serve for terms beginning upon appointment and ending
at the beginning of the regular legislative session in the next odd-numbered year.
new text end

new text begin (c) The appropriate appointing authority must fill a vacancy on the committee by
appointing a current legislator in a manner that will preserve the representation of the
standing legislative committees listed in subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin (a) Legislative members serve without compensation but may
be reimbursed for their reasonable expenses as members of the legislature.
new text end

new text begin (b) Former legislators must be compensated as provided under section 15.0575,
subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Chair. new text end

new text begin The commission must elect a chair at the first meeting of the commission
in an odd-numbered year and may elect other officers as it determines are necessary. The
chair alternates between a member of the senate and a member of the house of representatives
at the start of the regular legislative session in each odd-numbered year. The chair and a
vice chair may not be from the same chamber.
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin The Legislative Coordinating Commission shall provide
administrative services for the commission. The Legislative Coordinating Commission may,
if funding is available, appoint staff to provide research assistance to the commission. The
Legislative Coordinating Commission may, if funding is available, employ professional
and technical assistants as the commission deems necessary to perform duties prescribed
in this section.
new text end

new text begin Subd. 7. new text end

new text begin State and local agencies to cooperate. new text end

new text begin All government entities must comply
with a request from the commission for information on policies and programs, access to
public data and fiscal estimates, and preparation of demographic summary data.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin (a) The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year.
new text end

new text begin (b) The commission may collaborate in holding meetings with other legislative
committees it deems relevant or needed.
new text end

new text begin (c) The commission may hold meetings in the capitol complex. The commission must
hold meetings outside the capitol complex, including in rural areas of the state, at the times
and places it may designate to gather input directly from self-advocates with an intellectual
or developmental disability, families of people with intellectual or developmental disabilities,
legal guardians, counties, and disability service providers.
new text end

new text begin Subd. 9. new text end

new text begin Commission duties; fact finding, research, and recommendations. new text end

new text begin (a) The
members of the commission must develop expertise and knowledge about:
new text end

new text begin (1) the characteristics of people across the spectrum of intellectual and developmental
disabilities;
new text end

new text begin (2) the short- and long-term needs of people with intellectual or developmental
disabilities; and
new text end

new text begin (3) the process by which people with intellectual or developmental disabilities access
education, career exploration, work, housing, transportation, life enrichment, day services,
and support systems and whether those processes result in informed choices.
new text end

new text begin (b) The commission shall review state and county data, including demographic summary
data, related to disability services for adults with intellectual and developmental disabilities
to identify service shortcomings related to case management, housing, work options,
transportation, availability of qualified direct support professionals, life enrichment
opportunities, and day services.
new text end

new text begin (c) The commission shall review legislative proposals that affect adults with intellectual
or developmental disabilities and make recommendations to the relevant standing legislative
committees regarding the proposals.
new text end

new text begin (d) The commission shall review the most recent Workforce Innovation and Opportunity
Act Combined State Plan to assess it for any potential negative impact on people with
intellectual or developmental disabilities, examine the feasibility of amending the combined
state plan to mitigate or eliminate identified negative impacts to people with intellectual or
developmental disabilities, and make combined state plan amendment recommendations to
the Governor's Workforce Development Board and the legislature.
new text end

new text begin (e) The commission shall review the federal Workforce Innovation and Opportunity
Act, United States Code, title 29, sections 3101 to 3361; accompanying regulation; and
related agency guidance to assess them for any negative potential impact to people with
intellectual or developmental disabilities and submit its findings to the Minnesota
congressional delegation.
new text end

new text begin (f) The commission shall identify and prioritize areas for reform in disability services
for adults with intellectual or developmental disabilities.
new text end

new text begin Subd. 10. new text end

new text begin Commission duties; data-based county disability service reform sites. new text end

new text begin The
commission shall select and oversee counties to serve as data-based county disability services
reform sites. Selected counties must include the most densely populated county that agrees
to participate and the county with the largest geographic area that agrees to participate.
From money appropriated for this purpose, the commission shall award planning grants to
selected counties to prepare the county's disability services system reform plans. The
commission shall monitor the progress of selected counties in developing a disability services
system reform plan. The commission shall review and approve submitted county disability
services reform plans.
new text end

new text begin Subd. 11. new text end

new text begin Disability services reform plan requirements. new text end

new text begin (a) A county disability services
system reform plan must be data-based and the plan's reform proposals must be data driven.
new text end

new text begin (b) Selected counties must collect and analyze demographic summary data related to
the adults with intellectual or developmental disabilities receiving or requesting disability
services.
new text end

new text begin (c) Selected counties must collect and analyze data on the provision of case management,
housing, work options, life enrichment, day services, and transportation and on the labor
supply of direct support professionals in the local labor market. Selected counties must
clearly identify geographic locations within their county and surrounding counties where
there are no disability services, insufficient disability services, and poor-quality disability
services, including the following disability services: case management; education and
training opportunities for direct care professionals; intermediate care facility services; all
service types described in section 256B.4914; transportation; prevocational rehabilitation;
and vocational exploration options provided to students in grades 7 through 12.
new text end

new text begin (d) Selected counties must review strengths and weaknesses of county-contracted and
county-employed case managers using information gathered directly from self-advocates,
families, and legal guardians. Selected counties must develop a plan to enhance the
knowledge and expertise of all case managers related to the needs and informed choices of
adults with intellectual or developmental disabilities and to hold case managers accountable
for ensuring people are making informed choices about their services.
new text end

new text begin (e) Selected counties must develop a plan to collaborate with existing regional higher
education providers for education and training of direct support professionals. The skills
targeted for improvement must include knowledge and understanding of the spectrum of
intellectual and developmental disabilities in adults.
new text end

new text begin (f) Selected counties must develop a plan to collaborate with an existing work options
provider to develop a business model that delivers a full array of work options, prevocational
rehabilitation, life enrichment, and day services programs. The county plan must identify
the employment status of people with intellectual or developmental disabilities who have
lost their chosen work option or day services and determine how to reengage them in their
work option or day service of choice.
new text end

new text begin (g) Selected counties must develop a plan to ensure the availability of a full array of
housing options ranging from intermediate care facilities for people with developmental
disabilities to independent living and home ownership with contracted provider services.
new text end

new text begin (h) Selected counties must develop a plan to collaborate with local school districts to
offer vocational exploration opportunities for people with intellectual and developmental
disabilities in grades 7 through 12.
new text end

new text begin (i) Selected counties must develop a plan to provide efficient and timely transportation
that meets the needs and informed choices of people with an intellectual or developmental
disability.
new text end

new text begin (j) When developing the plans described in this subdivision, selected counties must
directly seek advice and counsel from self-advocates with intellectual or developmental
disabilities, legal guardians, and families of people with an intellectual or developmental
disability who are being served within the county.
new text end

new text begin (k) Each selected county must develop a plan to implement each of its proposed county
disability services system reforms and identify the implementation costs. Each selected
county must identify existing sources of funding and identify where an absence of funding
or insufficient funding prohibits implementation of the proposed reforms.
new text end

new text begin Subd. 12. new text end

new text begin Report. new text end

new text begin By December 31 of each even-numbered year, the commission must
submit a report on the commission's work and recommendations to the committees of the
senate and house of representatives from which the commission membership is drawn
according to subdivision 1. The standing human services committee of either chamber may
request interim reports.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Licensing moratorium exception; data-based county disability service
reform sites. new text end

new text begin (a) Notwithstanding subdivision 7 and section 256B.493, the commissioner
must issue additional new foster care licenses or new community residential setting licenses
requested by a local county board in a county disability services reform plan approved by
the legislative commission on intellectual and developmental disabilities provided that the
applicant meets all licensing requirements.
new text end

new text begin (b) Notwithstanding subdivision 7 and section 256B.493, new and existing foster care
licenses and new and existing community residential setting licenses issued to providers in
counties with a county disability services reform plan approved by the legislative commission
on intellectual and developmental disabilities are not subject to the commissioner's authority
to delicense a setting or reduce licensed capacity following either a resource need
determination process or when an adult resident served by the licensed program moves
provided that in either case the licensee continues to meet all license requirements.
new text end

Sec. 3.

Minnesota Statutes 2024, section 252.291, subdivision 1, is amended to read:

Subdivision 1.

Moratorium.

Notwithstanding any law or rule to the contrary, the
commissioner of human services shall deny any request for a determination of need and
refuse to grant a license pursuant to section 245A.02 for any new intermediate care facility
for persons with developmental disabilities or for an increase in the licensed capacity of an
existing facility except as provided in this subdivision and deleted text begin subdivision 2 deleted text end new text begin subdivisions 2 to
2c new text end . The total number of certified intermediate care beds for persons with developmental
disabilities in community facilities and state hospitals shall not exceed 7,000 beds new text begin plus the
authorized new intermediate care beds under subdivision 2c, new text end except that, to the extent that
federal authorities disapprove any applications of the commissioner for home and
community-based waivers under United States Code, title 42, section 1396n, as amended
through December 31, 1987, the commissioner may authorize new intermediate care beds,
as necessary, to serve persons with developmental disabilities who would otherwise have
been served under a proposed waiver. "Certified bed" means an intermediate care bed for
persons with developmental disabilities certified by the commissioner of health for the
purposes of the medical assistance program under United States Code, title 42, sections
1396 to 1396p, as amended through December 31, 1987.

Sec. 4.

Minnesota Statutes 2024, section 252.291, is amended by adding a subdivision to
read:

new text begin Subd. 2c. new text end

new text begin Exception for data-based county disability service reform sites. new text end

new text begin (a)
Notwithstanding subdivisions 1 and 2 and section 252.28, subdivision 3, the commissioner
of health must issue a supervised living facility license under section 144.50, subdivision
7, and certify the setting as an intermediate care facility for persons with developmental
disabilities, and the commissioner of human services must authorize and grant a license
under chapter 245A, to a newly constructed or newly established publicly or privately
operated community intermediate care facility for six or fewer persons with developmental
disabilities, under the following circumstances:
new text end

new text begin (1) the license applicant meets all licensing and certification requirements; and
new text end

new text begin (2) the additional license is requested by a local county board in a county disability
services reform plan approved by the legislative commission on intellectual and
developmental disabilities.
new text end

new text begin (b) Notwithstanding section 252.28, subdivision 4, licenses and certifications issued
under paragraph (a) are not subject to the authority of the commissioner of health or the
commissioner of human services to involuntarily decertify or involuntary delicense an
intermediate care facility for persons with developmental disabilities provided the licensee
continues to meet the licensing and certification requirements.
new text end

Sec. 5. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
PROHIBITION ON MODIFICATIONS TO DAY SERVICES.
new text end

new text begin The commissioner of human services must not propose any rule or policy that modifies,
reduces availability of, eliminates, or limits admission to any program that provides day
treatment and habilitation services without consulting the legislative commission on
intellectual and developmental disabilities. The commissioner of human services must
receive explicit legislative authority to adopt any rule or implement any policy that modifies,
reduces availability of, eliminates, or limits admission to programs that provide day treatment
and habilitation services.
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

Sec. 6. new text begin DIRECTION TO COMMISSIONER OF EMPLOYMENT AND ECONOMIC
DEVELOPMENT; PROHIBITION ON MODIFICATIONS TO VOCATIONAL
REHABILITATION SERVICES.
new text end

new text begin The commissioner of employment and economic development must not propose any
rule or policy that modifies, reduces availability of, eliminates, or limits admission to any
program that provides prevocational rehabilitative services provided to people with
intellectual or developmental disabilities without consulting the legislative commission on
intellectual and developmental disabilities. The commissioner of employment and economic
development must receive explicit legislative authority to adopt any rule or implement any
policy that modifies, reduces availability of, eliminates, or limits admission to any program
that provides prevocational rehabilitation services.
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

Sec. 7. new text begin APPROPRIATION; LEGISLATIVE COMMISSION ON INTELLECTUAL
AND DEVELOPMENTAL DISABILITIES.
new text end

new text begin (a) $600,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
the general fund to the legislative commission on intellectual and developmental disabilities
for grants to data-based county disability services reform sites.
new text end

new text begin (b) $300,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
the general fund to the legislative commission on intellectual and developmental disabilities
for administration.
new text end