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HF 3181

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/21/2025 01:48 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; requiring waiver case management labor market
analysis; increasing waiver case management rates; requiring reports; amending
Minnesota Statutes 2024, section 256B.0922, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapter 256B.

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

Section 1.

Minnesota Statutes 2024, section 256B.0922, subdivision 1, is amended to read:


Subdivision 1.

Essential community supports.

(a) The purpose of the essential
community supports program is to provide targeted services to persons age 65 and older
who need essential community support, but whose needs do not meet the level of care
required for nursing facility placement under section 144.0724, subdivision 11.

(b) Essential community supports are available not to exceed deleted text begin $400deleted text end new text begin $.......new text end per person per
month. Essential community supports may be used as authorized within an authorization
period not to exceed 12 months. Services must be available to a person who:

(1) is age 65 or older;

(2) is not eligible for medical assistance;

(3) has received a community assessment under section 256B.0911, subdivisions 17 to
21, 23, 24, or 27, and does not require the level of care provided in a nursing facility;

(4) meets the financial eligibility criteria for the alternative care program under section
256B.0913, subdivision 4;

(5) has an assessment summary; and

(6) has been determined by a community assessment under section 256B.0911,
subdivisions 17 to 21, 23, 24, or 27, to be a person who would require provision of at least
one of the following services, as defined in the approved elderly waiver plan, in order to
maintain their community residence:

(i) adult day services;

(ii) caregiver support;

(iii) homemaker support;

(iv) chores;

(v) a personal emergency response device or system;

(vi) home-delivered meals; or

(vii) community living assistance as defined by the commissioner.

(c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed deleted text begin $600deleted text end new text begin $.......new text end in a 12-month authorization
period, as part of their assessment summary.

(d) A person who has been determined to be eligible for essential community supports
must be reassessed at least annually and continue to meet the criteria in paragraph (b) to
remain eligible for essential community supports.

(e) The commissioner is authorized to use federal matching funds for essential community
supports as necessary and to meet demand for essential community supports as outlined in
subdivision 2, and that amount of federal funds is appropriated to the commissioner for this
purpose.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [256B.485] WAIVER CASE MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to all waiver case management services
provided under sections 256B.0913, 256B.092, 256B.0922, and 256B.49, and chapter 256S.
new text end

new text begin Subd. 2. new text end

new text begin Case management labor market analysis. new text end

new text begin (a) County agencies must submit
case management labor market data and the data of their contracted providers to the
commissioner annually according to timelines specified by the commissioner. The
commissioner must compile, summarize, analyze, and publicly post annual updates on the
data department's website. The commissioner must include in the annual updates an analysis
of the case management labor market trends statewide and by county.
new text end

new text begin (b) For purposes of the case management labor market analysis required under this
subdivision, each county agency must submit the following data in a form and manner
determined by the commissioner:
new text end

new text begin (1) number of case managers directly employed by the county agency;
new text end

new text begin (2) number of private agencies under contract with the county agency to provide case
management;
new text end

new text begin (3) number of case managers employed by the private agencies under contract with the
county agency;
new text end

new text begin (4) wages of case managers, by employer;
new text end

new text begin (5) overtime wages of case managers, by employer;
new text end

new text begin (6) average hours worked by case managers, by employer;
new text end

new text begin (7) number of billable hours submitted, by employer;
new text end

new text begin (8) average caseload, by employer;
new text end

new text begin (9) total number of individuals served directly by the county agency and by each private
agency under contract with the county agency;
new text end

new text begin (10) employee benefits provided to case managers, by employer;
new text end

new text begin (11) summary data as defined in section 13.02 on the demographic characteristics of all
case managers, not by employer;
new text end

new text begin (12) total number of case management job vacancies, by employer; and
new text end

new text begin (13) case management tenure and turnover rates, by employer.
new text end

new text begin Subd. 3. new text end

new text begin Annual rate review. new text end

new text begin The commissioner must engage with counties and
interested community members to review rates on an annual basis and request input on
recommendations prior to finalization of any recommendations the commissioner chooses
to make to the legislature regarding waiver case management rates.
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. 3. new text begin WAIVER CASE MANAGEMENT RATE INCREASE.
new text end

new text begin The rates for waiver case management services provided under Minnesota Statutes,
sections 256B.0913, 256B.092, 256B.0922, and 256B.49, and Minnesota Statutes, chapter
256S, are increased by 27.5 percent from the rates in effect on June 30, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, and applies to services
provided on or after that date.
new text end

Sec. 4. new text begin MONTHLY CASE MIX BUDGET CAP INCREASES.
new text end

new text begin To accommodate a waiver case management services rate increase of 27.5 percent, the
monthly case mix budget caps under Minnesota Statutes, sections 256S.18 and 256S.19,
are increased by ... percent.
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. 5. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; STATEWIDE
WAVIER CASE MANAGEMENT RATE METHODOLOGY.
new text end

new text begin (a) The commissioner must develop recommendations for a statewide rate methodology
for waiver case management services provided under Minnesota Statutes, sections 256B.0913,
256B.092, 256B.0922, and 256B.49, and Minnesota Statutes, chapter 256S. The
commissioner must engage with county agencies and interested community members to
identify priorities for rate setting, collect cost data, and request input on recommendations
prior to finalizing the commissioner's recommendations.
new text end

new text begin (b) The commissioner may include the following variables in setting the rate
methodology:
new text end

new text begin (1) prevailing wages;
new text end

new text begin (2) recruitment costs;
new text end

new text begin (3) employee-related expenses;
new text end

new text begin (4) paid time off and training;
new text end

new text begin (5) supervision and span of control;
new text end

new text begin (6) distribution of time;
new text end

new text begin (7) general and administrative expenses;
new text end

new text begin (8) travel and mileage expenses;
new text end

new text begin (9) nonbillable time;
new text end

new text begin (10) absence days;
new text end

new text begin (11) program support expenses;
new text end

new text begin (12) caseload sizes; and
new text end

new text begin (13) culturally specific program factors as described in Minnesota Statutes, section
256B.076, subdivision 3.
new text end

new text begin (c) The commissioner may also recommend modifications to county and state duties
and responsibilities related to waiver case management, case load sizes, and quality assurance.
new text end

new text begin (d) The commissioner must submit recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over home and community-based
waiver case management services by February 1, 2026.
new text end