HF 729

2nd Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 10:27 a.m.

KEY: ~~stricken~~ = removed, old language.

underscored = added, new language.

Version List HF729 Authors and Status

PDF Rtf

Engrossments
Introduction PDF	Posted on 02/12/2025
1st Engrossment PDF	Posted on 04/07/2025
2nd Engrossment PDF	Posted on 04/07/2026

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33
4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21
11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 12.1 12.2 12.3 12.4
12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5 15.6
15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4
17.5
17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24
17.25
17.26 17.27
17.28 17.29 17.30 18.1 18.2 18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6
19.7
19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2
20.3 20.4 20.5 20.6 20.7 20.8
20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 21.1 21.2 21.3 21.4 21.5 21.6
21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13
25.14 25.15 25.16 25.17
25.18
25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26
25.27 25.28 25.29 25.30 26.1 26.2 26.3 26.4
26.5
26.6 26.7 26.8 26.9 26.10 26.11 26.12
26.13 26.14 26.15 26.16 26.17 26.18 26.19
26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14
27.15
27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17
29.18
29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3 30.4
30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14
30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29
31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13
33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28
34.1 34.2
34.3 34.4 34.5 34.6 34.7
34.8
34.9 34.10 34.11 34.12
34.13
34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25
35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14
36.15
36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30
36.31
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8
37.9
37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
39.32
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17
40.18
40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32
41.1
41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10
41.11
41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16
42.17
42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25
42.26
42.27 42.28 42.29 42.30 42.31 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20
43.21
43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31
43.32
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19
44.20
44.21 44.22 44.23 44.24
44.25
44.26 44.27
44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5
46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13
47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11
48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22
52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24
56.25 56.26 56.27 56.28 56.29 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25
57.26 57.27 57.28 57.29 57.30 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24
59.25 59.26 59.27 59.28 59.29 59.30 59.31
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11
63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16
65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17
66.18 66.19
66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19
69.20
69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4
71.5
71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12
72.13
72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6
74.7 74.8 74.9 74.10 74.11
74.12
74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29
75.1 75.2
75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21
75.22
75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13
76.14 76.15
76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11
77.12 77.13
77.14 77.15 77.16 77.17 77.18 77.19
77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26
79.27 79.28
79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5
80.6
80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25
82.26 82.27 82.28 82.29 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3
85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17
85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3
87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3 88.4 88.5 88.6 88.7
88.8
88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22
90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10
92.11
92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26
93.27
93.28 93.29 93.30 93.31 93.32 93.33 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32
95.1
95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31
96.1 96.2 96.3
96.4
96.5 96.6
96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27
96.28 96.29 96.30
97.1 97.2 97.3 97.4 97.5 97.6
97.7 97.8 97.9 97.10 97.11
97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22
97.23
97.24 97.25 97.26 97.27 97.28 97.29 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16
98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13
99.14
99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11
100.12
100.13 100.14 100.15 100.16 100.17
100.18 100.19 100.20 100.21 100.22 100.23 100.24
100.25 100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25
101.26 101.27 101.28 101.29 101.30 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18
102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 105.1 105.2 105.3
105.4
105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35
107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29
107.30 107.31 107.32 107.33 107.34 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20
109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 112.1 112.2 112.3 112.4 112.5 112.6
112.7
112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17
112.18 112.19 112.20 112.21 112.22 112.23 112.24
112.25 112.26
112.27 112.28 112.29 112.30 112.31
113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17
113.18
113.19 113.20 113.21 113.22 113.23
113.24
113.25 113.26 113.27 113.28 113.29 113.30 113.31 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16
114.17
114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17
115.18
115.19 115.20 115.21 115.22 115.23
115.24
115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9
117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1
121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 122.1 122.2
122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17
123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20
124.21 124.22
124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9
127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3
128.4 128.5 128.6
128.7 128.8
128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17
128.18
128.19 128.20 128.21 128.22
128.23
128.24 128.25
128.26 128.27 128.28 128.29 128.30 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4
131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12
132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23
133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22
134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10
135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23
135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4
136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8
137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25
137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15
138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28
141.29 141.30 141.31 141.32 141.33 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25
143.26 143.27 143.28 143.29 143.30 143.31
144.1 144.2 144.3 144.4 144.5 144.6 144.7
144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29
145.1 145.2 145.3 145.4
145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30
145.31 145.32 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32
148.1 148.2
148.3
148.4 148.5
148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13
148.14 148.15
148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31
149.1
149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9
149.10
149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12
153.13
153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32
154.1
154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11
155.12
155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20
155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2
156.3
156.4 156.5 156.6 156.7 156.8
156.9 156.10 156.11 156.12
156.13

A bill for an act
relating to human services; modifying policy provisions relating to Direct Care
and Treatment, the Department of Health, health care, medical assistance provider
enrollment, aging and disability services, behavioral health, homelessness, housing,
and maltreatment of vulnerable adults; removing housing stabilization supports
provisions; requiring rulemaking; requiring release of initial Optum reports;
prohibiting Optum from disseminating private data; requiring reports; appropriating
money; amending Minnesota Statutes 2024, sections 3.7381; 13.04, subdivision
4a; 13.384, subdivision 1; 13.43, subdivision 5a; 13.46, subdivision 1; 62Q.75,
subdivision 4; 142B.01, subdivision 8; 144.56, subdivision 2b; 144.586, subdivision
2; 144.6502, subdivision 1; 144A.161, subdivision 1a; 144A.472, subdivision 5;
144A.72, subdivision 2; 144G.08, by adding subdivisions; 144G.19, by adding a
subdivision; 144G.31, subdivision 6; 157.17, subdivisions 2, 5; 182.6545; 245.095,
by adding a subdivision; 245.991, subdivision 3; 245.992, subdivision 2; 245A.02,
subdivision 5a; 245A.03, subdivision 7; 245D.081, subdivision 3; 245F.02,
subdivision 17; 245F.15, subdivision 7; 245G.04, by adding a subdivision; 245G.06,
subdivision 4; 245G.11, subdivision 8; 245I.04, by adding a subdivision; 245I.08,
subdivision 4; 245I.10, subdivision 6; 253B.03, subdivision 6; 253B.18, subdivision
14; 254B.052, subdivision 1, by adding a subdivision; 256.9752, as amended;
256B.04, subdivision 5; 256B.0624, subdivisions 6b, 7; 256B.0625, subdivision
47, by adding a subdivision; 256B.064, subdivisions 1b, 1c, 1d, 2, 3, 4, 5, by adding
subdivisions; 256B.0658; 256B.0759, subdivision 3; 256B.0911, subdivision 32;
256B.0924, subdivisions 3, 5, 7, by adding a subdivision; 256B.0943, subdivision
6; 256B.0946, subdivision 4; 256B.0947, subdivision 5; 256B.0949, subdivision
17, by adding a subdivision; 256B.4905, subdivision 2a; 256B.851, subdivision
8; 256L.03, subdivision 1; 256S.21, subdivision 3; 295.50, subdivision 4; 626.557,
subdivisions 9, 9a, 12b, by adding subdivisions; 626.5572, subdivisions 2, 9, 17,
by adding subdivisions; Minnesota Statutes 2025 Supplement, sections 13.46,
subdivision 2; 15.013, by adding a subdivision; 144A.474, subdivision 11;
144A.4799, subdivision 1; 245.469, subdivision 1; 245C.03, subdivision 6;
245C.10, subdivision 6; 245D.091, subdivisions 2, 3; 245F.08, subdivision 3;
245G.09, subdivision 3; 245G.11, subdivision 7; 245I.04, subdivision 17; 245I.23,
subdivision 7; 253B.18, subdivision 6; 254A.03, subdivision 3; 254B.04,
subdivision 1a; 254B.0501, subdivision 6; 254B.0505, subdivision 8, by adding
subdivisions; 256B.04, subdivision 21; 256B.0701, subdivision 9; 256B.0759,
subdivision 4; 256B.0911, subdivision 13; 256B.0924, subdivision 6; 256B.0943,
subdivision 1; 256B.0947, subdivision 3a; 256B.0949, subdivisions 2, 16, 18;
256B.4914, subdivisions 8, 10a; 256L.03, subdivision 5; 295.50, subdivision 9b;
626.5572, subdivision 13; Laws 2024, chapter 125, article 1, section 47; proposing
coding for new law in Minnesota Statutes, chapters 144G; 246C; 256B; repealing
Minnesota Statutes 2024, sections 256B.051, subdivisions 1, 4, 7; 256B.0759,
subdivisions 2, 5; 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16;
626.557, subdivision 10; Minnesota Statutes 2025 Supplement, sections 254B.052,
subdivision 6; 256B.051, subdivisions 2, 3, 5, 6, 6a, 6b, 8, 9, 10.

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

ARTICLE 1

DIRECT CARE AND TREATMENT POLICY

Section 1.

Minnesota Statutes 2024, section 3.7381, is amended to read:

3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
INSTITUTIONS; CORRECTIONAL FACILITIES.

(a) The commissioners of deleted text begin human services,deleted text end veterans affairsdeleted text begin ,deleted text end or correctionsnew text begin or the Direct
Care and Treatment executive boardnew text end , as appropriate, shall determine, adjust, and settle, at
any time, claims and demands of $7,000 or less arising from negligent loss, damage, or
destruction of property of a patient of a state institution under the control of the Direct Care
and Treatment executive board or the commissioner of veterans affairs or an inmate of a
state correctional facility.

(b) A claim of more than $7,000, or a claim that was not paid by the appropriate
department new text begin or agency new text end may be presented to, heard, and determined by the appropriate
committees of the senate and the house of representatives and, if approved, shall be paid
pursuant to legislative claims procedure.

Sec. 2.

Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:

Subd. 4a.

Sex offender program data; challenges.

Notwithstanding subdivision 4,
challenges to the accuracy or completeness of data maintained by the Direct Care and
Treatment sex offender program about a civilly committed sex offender as defined in section
246B.01, subdivision 1a, must be submitted in writing to the data practices compliance
official of Direct Care and Treatmentnew text begin or a delegeenew text end . The data practices compliance official
new text begin or a delegee new text end must respond to the challenge as provided in this section.

Sec. 3.

Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general
condition.

(b) "Medical data" are data collected because an individual was or is a patient or client
of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a
government entity including business and financial records, data provided by private health
care facilities, and data provided by or about relatives of the individual.new text begin Medical data does
not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 13.43, subdivision 5a, is amended to read:

Subd. 5a.

Limitation on disclosure of certain personnel data.

new text begin (a) new text end Notwithstanding
any other provision of this section, the following data relating to employees of a secure
treatment facility new text begin as new text end defined in section 253B.02, subdivision 18a, new text begin or 253D.02, subdivision
13; employees of a treatment program as defined in section 253D.02, subdivision 17;
new text end employees of a state correctional facilitydeleted text begin ,deleted text end new text begin ;new text end or employees of the Department of Corrections
directly involved in supervision of offenders in the community, deleted text begin shalldeleted text end new text begin mustnew text end not be disclosed
to facility patientsnew text begin or clientsnew text end , corrections inmates, or other individuals who facility or
correction administrators reasonably believe will use the information to harass, intimidate,
or assault any of these employees:

new text begin (1)new text end place where previous education or training occurred;

new text begin (2)new text end place of prior employment; and

new text begin (3)new text end payroll timesheets or other comparable data, to the extent that disclosure of payroll
timesheets or other comparable data may disclose future work assignments, home address
or telephone number, the location of an employee during nonwork hours, or the location of
an employee's immediate family members.

new text begin (b) For employees of a secure treatment facility as defined in section 253B.02, subdivision
18a, or 253D.02, subdivision 13, or employees of a treatment program as defined in section
253D.02, subdivision 17, the final disposition of any disciplinary action together with the
specific reasons for the action and data documenting the basis of the action under subdivision
2, paragraph (a), clause (5), must not be disclosed to facility patients or clients, or other
individuals that Direct Care and Treatment reasonably believes will use the information to
harass, intimidate, or assault any of these employees.
new text end

new text begin (c) Notwithstanding section 13.05, subdivision 12, a government entity that receives a
request for personnel data that may be subject to paragraph (a) is authorized to require the
requesting person to identify themselves and state a reason for their request.
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. 5.

Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including but not limited to Native
American Tribe programs that provide a service component of the welfare system, the
Minnesota family investment program, medical assistance, general assistance, general
assistance medical care formerly codified in chapter 256D, the child care assistance program,
and child support collections.

(c) "Welfare system" includes the Department of Human Services; Direct Care and
Treatment; the Department of Children, Youth, and Families; local social services agencies;
county welfare agencies; county public health agencies; county veteran services agencies;
county housing agencies; private licensing agencies; the public authority responsible for
child support enforcement; human services boards; community mental health center boards,
state hospitals, state nursing homes, the ombudsman for mental health and developmental
disabilities; Native American Tribes to the extent a Tribe provides a service component of
the welfare system; and persons, agencies, institutions, organizations, and other entities
under contract to any of the above agencies to the extent specified in the contract.

(d) "Mental health data" means data on individual clients and patients of community
mental health centers, established under section 245.62, mental health divisions of counties
and other providers under contract to deliver mental health services, deleted text begin Direct Care and
Treatment mental health services,deleted text end or the ombudsman for mental health and developmental
disabilities.

(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of children,
youth, and families under chapter 142B to perform the duties under section 142B.30.

Sec. 6.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to
read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent or investigator acting on behalf of a county, the state, or the federal
government, including a law enforcement person or attorney in the investigation or
prosecution of a criminal, civil, or administrative proceeding relating to the administration
of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs, and prepare
the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
17, section 6. The following information may be disclosed under this paragraph: an
individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
identification numbers, income, addresses, and other data as required, upon request by the
Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
of human services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;

(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; Direct Care and
Treatment; and, when applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 142A.29,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 518A.81, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 142E may disseminate data on program participants,
applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

new text begin (e) new text end For the purposes of this subdivision, a request deleted text begin will bedeleted text end new text begin isnew text end deemed to be made in writing
if made through a computer interface system.

new text begin (f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless
of any restrictions on disclosure of that data under sections 144.291 to 144.298.
new text end

new text begin (g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as
permitted by law.
new text end

new text begin (h) Direct Care and Treatment is not required to share with federal law enforcement data
on individuals collected, maintained, used, or disseminated by Direct Care and Treatment
that relate to the reporting of suspected crime unless specifically required to do so by a
Minnesota or federal law.
new text end

new text begin (i) Direct Care and Treatment may disclose welfare system data held by the agency to
facilitate coordination of guardianship services for Direct Care and Treatment clients,
including but not limited to making disclosures in guardianship proceedings, identifying
potential guardians, communicating with guardianship legal representation, and reporting
complaints to the judicial branch or the Office of Ombudsman for Mental Health and
Developmental Disabilities. Direct Care and Treatment must obtain the client's consent to
the disclosure except when the client:
new text end

new text begin (1) lacks capacity to provide the consent; or
new text end

new text begin (2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to
authorize the disclosure in relation to complaints to the judicial branch or Office of
Ombudsman for Mental Health and Developmental Disabilities.
new text end

Sec. 7.

Minnesota Statutes 2024, section 182.6545, is amended to read:

182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.

In the case of a death of an employee, the department shall make reasonable efforts to
locate the employee's next of kin and shall mail to them copies of the following:

(1) citations and notification of penalty;

(2) notices of hearings;

(3) complaints and answers;

(4) settlement agreements;

(5) orders and decisions; and

(6) notices of appeals.

In addition, the next of kin shall have the right to request a consultation with the
department regarding citations and notification of penalties issued as a result of the
investigation of the employee's death. For the purposes of this section, "next of kin" refers
to the nearest proper relative as that term is defined by section 253B.03, subdivision 6,
paragraph (b), clause deleted text begin (3)deleted text end new text begin (10)new text end .

Sec. 8.

new text begin [246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND
TREATMENT EMPLOYEES.
new text end

new text begin (a) Notwithstanding section 43A.08; Minnesota Rules, part 3900.1300; or any other law
to the contrary, Direct Care and Treatment may, with approval from Minnesota Management
and Budget, convert employees deemed unclassified pursuant to pilot authority of the
Department of Human Services under Laws 1997, chapter 97, section 18, into the classified
service.
new text end

new text begin (b) Employees converted to the classified service pursuant to this section are subject to
the terms and conditions of employment applicable to positions in the classified service
pursuant to statute, rule, bargaining unit or compensation plan, and agency policy, including
but not limited to required probationary periods and mandatory training requirements.
new text end

new text begin (c) Employees converted to the classified service pursuant to this section must not receive
a reduction in salary at the time of the conversion.
new text end

Sec. 9.

Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:

Subd. 6.

Consent for medical procedure.

(a) A patient has the right to give prior consent
to any medical deleted text begin or surgicaldeleted text end treatmentnew text begin , including but not limited to surgerynew text end , other than treatment
for chemical dependency or nonintrusive treatment for mental illness.new text begin For purposes of this
subdivision, "patient" includes a person committed under chapter 253D who is in a
state-operated treatment program.
new text end

(b) The following procedures shall be used to obtain consent for any treatment necessary
to preserve the life or health of any committed patient:

(1) the written, informed consent of a competent adult patient for the treatment is
sufficient;

(2) if the patient is subject to guardianship which includes the provision of medical care,
the written, informed consent of the guardian for the treatment is sufficient;

(3)new text begin for a patient in a treatment facility,new text end if the head of the treatment facility deleted text begin or
state-operated treatment programdeleted text end determines that the patient is not competent to consent to
the treatment and the patient has not been adjudicated incompetent, written, informed consent
for the deleted text begin surgery ordeleted text end medical treatment shall be obtained from the person appointed the health
care power of attorney, the patient's agent under the health care directive, or the nearest
proper relative. deleted text begin For this purpose, the following persons are proper relatives, in the order
listed: the patient's spouse, parent, adult child, or adult sibling.deleted text end If the nearest proper deleted text begin relativesdeleted text end new text begin
relativenew text end cannot be located, deleted text begin refusedeleted text end new text begin refusesnew text end to consent to the procedure, or deleted text begin aredeleted text end new text begin isnew text end unable to
consent, the head of the treatment facility deleted text begin or state-operated treatment programdeleted text end or an interested
personnew text begin , as defined by section 524.5-102, subdivision 7,new text end may petition the committing court
for approval for the treatment or may petition a court of competent jurisdiction for the
appointment of a guardian. The determination that the patient is not competent, and the
reasons for the determination, shall be documented in the patient's clinical record;

new text begin (4) for patients in a state-operated treatment program, if (i) the patient does not have a
health care power of attorney or an agent under a health care directive or the patient's health
care agent is not reasonably available to make the necessary health care decision for the
patient, and (ii) the patient's treating physician determines that the patient lacks
decision-making capacity to consent to the medical treatment, the state-operated treatment
program must make a good faith attempt to locate the patient's nearest proper relative to
obtain written informed consent for the medical treatment;
new text end

new text begin (5) if the state-operated treatment program is unable to reasonably locate a proper relative,
the executive medical director has decision-making authority for the health care decision
for the patient;
new text end

new text begin (6) any health care decision made by the executive medical director under clause (5)
must be consistent with any documented patient health care directive and with reasonable
medical practice and applicable law;
new text end

new text begin (7) if the state-operated treatment program consults with the patient's nearest proper
relative under clause (4) and the patient's nearest proper relative and the patient's treating
physician are not in agreement with respect to a medical treatment decision, the state-operated
treatment program or an interested person may petition the committing court for approval
of the treatment. The state-operated treatment program may also petition a court of competent
jurisdiction for the appointment of a guardian at any time. If a court determines that a patient
is not competent, the determination and the reasons for the determination must be documented
in the patient's clinical record;
new text end

new text begin (8) before proceeding with treatment under clause (5), a state-operated treatment program
must inform the patient of the determination, the proposed treatment, and the right to request
review. Upon the request of the patient or an interested person, a second physician not
directly involved in the patient's current treatment must review the incapacity determination.
The executive medical director must review the proposed treatment decision and the second
physician's review and make an updated determination. A state-operated treatment program
may proceed with treatment of the patient while a review under this clause is pending;
new text end

new text begin (9) if a patient or interested person is dissatisfied with the outcome of the review under
clause (8), the patient or interested person may petition the committing court under section
253B.17 for review of the determination made under clause (8). Filing a petition under
section 253B.17 does not stay treatment under this subdivision unless otherwise ordered by
the court. In reviewing the executive medical director's decision under clause (8) and issuing
a determination, the court must determine if the patient lacks capacity. If the patient lacks
capacity, the court must determine if the patient clearly stated what the patient would choose
to do in the situation when the patient had the capacity to make a reasoned decision. Evidence
of the patient's wishes may include written instruments, including a durable power of attorney
for health care under chapter 145C or a declaration under subdivision 6d. If the court finds
that the patient clearly stated what the patient would choose to do in the situation, the patient's
wishes must be followed. If the court determines that the evidence of the patient's wishes
regarding the situation is conflicting or lacking, the court must make a decision based on
what a reasonable person would do, taking into consideration:
new text end

new text begin (i) the patient's family, community, moral, religious, and social values;
new text end

new text begin (ii) the medical risks, benefits, and alternatives to the proposed treatment;
new text end

new text begin (iii) past efficacy and any extenuating circumstances of past experience with the particular
medical treatment; and
new text end

new text begin (iv) any other relevant factors;
new text end

new text begin (10) for purposes of this subdivision, the following persons are proper relatives, in the
order listed: the patient's spouse, parent, adult child, or adult sibling;
new text end

deleted text begin (4)deleted text end new text begin (11)new text end consent to treatment of any minor patient shall be secured in accordance with
sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
routine diagnostic evaluation, and emergency or short-term acute care; and

deleted text begin (5)deleted text end new text begin (12)new text end in the case of an emergency when the persons ordinarily qualified to give consent
cannot be located in sufficient time to address the emergency need, the head of the treatment
facility or state-operated treatment program may give consent.

(c) No person who consents to treatment pursuant to the provisions of this subdivision
shall be civilly or criminally liable for the performance or the manner of performing the
treatment. No person shall be liable for performing treatment without consent if written,
informed consent was given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment is performed.

new text begin (d) When a determination is made under paragraph (b), clauses (5) and (8), the
state-operated treatment program must document the following information in the patient's
clinical record:
new text end

new text begin (1) the determination of incapacity and the clinical basis for the determination;
new text end

new text begin (2) the specific treatment authorized;
new text end

new text begin (3) the person who provided consent or who made the determination allowing the
treatment;
new text end

new text begin (4) the efforts made to locate and consult with a health care agent or nearest proper
relative; and
new text end

new text begin (5) the patient's expressed preferences regarding the treatment, if known, and how the
preferences were considered.
new text end

new text begin (e) The executive medical director must review a determination that a patient lacks
capacity periodically as medically appropriate, but not less than every six months. The
outcome of a review under this paragraph must be documented in the patient's clinical
record.
new text end

Sec. 10.

Minnesota Statutes 2025 Supplement, section 253B.18, subdivision 6, is amended
to read:

Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the executive board, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility deleted text begin for a period of up to 60 daysdeleted text end with the consent of the head of the treatment facilitydeleted text begin .deleted text end new text begin
for a period of up to:
new text end

new text begin (1) 90 days if due to a psychiatric medical condition; or
new text end

new text begin (2) six months if due to a nonpsychiatric medical condition.
new text end

(d) If the committed person is not returned to the original, nonsecure transfer facility
within deleted text begin 60deleted text end new text begin 90new text end days of being readmitted to a secure treatment facilitynew text begin if due to a psychiatric
medical condition or within six months of being readmitted to a secure treatment facility if
due to a nonpsychiatric medical conditionnew text end , the transfer is revoked and the committed person
must remain in a secure treatment facility. The committed person must immediately be
notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the executive
board whether or not the revocation should be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the executive board whether or not the
revocation shall be upheld. The special review board may also recommend a new transfer
out of a secure treatment facility at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 11.

Minnesota Statutes 2024, section 253B.18, subdivision 14, is amended to read:

Subd. 14.

Voluntary readmission.

(a) With the consent of the head of the treatment
facility or state-operated treatment program, a patient may voluntarily return from provisional
dischargenew text begin with the consent of the designated agencynew text end for a period of up tonew text begin :
new text end

new text begin (1)new text end 30 daysdeleted text begin , ordeleted text end new text begin ;
new text end

new text begin (2) new text end deleted text begin up todeleted text end deleted text begin 60deleted text end new text begin 90new text end days deleted text begin with the consent of the designated agency.deleted text end new text begin if due to a psychiatric
medical condition; or
new text end

new text begin (3) six months if due to a nonpsychiatric medical condition.
new text end

new text begin (b)new text end If the patient is not returned to provisional discharge status within deleted text begin 60deleted text end new text begin 90new text end daysnew text begin of
being readmitted if due to a psychiatric medical condition or within six months of being
readmitted if due to a nonpsychiatric medical conditionnew text end , the provisional discharge is revoked.
Within 15 days of receiving notice of the change in status, the patient may request a review
of the matter before the special review board. The special review board may recommend a
return to a provisional discharge status.

deleted text begin (b)deleted text end new text begin (c)new text end The treatment facility or state-operated treatment program is not required to
petition for a further review by the special review board unless the patient's return to the
community results in substantive change to the existing provisional discharge plan. All the
terms and conditions of the provisional discharge order shall remain unchanged if the patient
is released again.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

ARTICLE 2

DEPARTMENT OF HEALTH POLICY

Section 1.

Minnesota Statutes 2024, section 144.56, subdivision 2b, is amended to read:

Subd. 2b.

Boarding care homes.

The commissioner shall not adopt or enforce any rule
that limits:

(1) a certified boarding care home from providing nursing services in accordance with
the home's Medicaid certification; or

(2) a noncertified boarding care home deleted text begin registered under chapter 144Ddeleted text end from providing
home care services deleted text begin in accordance with the home's registrationdeleted text end .

Sec. 2.

Minnesota Statutes 2024, section 144.586, subdivision 2, is amended to read:

Subd. 2.

Postacute care discharge planning.

new text begin (a) new text end Each hospital, including hospitals
designated as critical access hospitals, must comply with the federal hospital requirements
for discharge planningnew text begin ,new text end which include:

(1) conducting a discharge planning evaluation that includes an evaluation of:

(i) the likelihood of the patient needing posthospital services and of the availability of
those services; and

(ii) the patient's capacity for self-care or the possibility of the patient being cared for in
the environment from which the patient entered the hospital;

(2) timely completion of the discharge planning evaluation under clause (1) by hospital
personnel so that appropriate arrangements for posthospital care are made before discharge,
and to avoid unnecessary delays in discharge;

(3) including the discharge planning evaluation under clause (1) in the patient's medical
record for use in establishing an appropriate discharge plan. The hospital must discuss the
results of the evaluation with the patient or individual acting on behalf of the patient. The
hospital must reassess the patient's discharge plan if the hospital determines that there are
factors that may affect continuing care needs or the appropriateness of the discharge plan;
and

(4) providing counseling, as needed, for the patient and family members or interested
persons to prepare them for posthospital care. The hospital must provide a list of available
Medicare-eligible home care agencies or skilled nursing facilities that serve the patient's
geographic area, or other area requested by the patient if such care or placement is indicated
and appropriate. Once the patient has designated their preferred providers, the hospital will
assist the patient in securing care covered by their health plan or within the care network.
The hospital must not specify or otherwise limit the qualified providers that are available
to the patient. The hospital must document in the patient's record that the list was presented
to the patient or to the individual acting on the patient's behalf.

new text begin (b) Each hospital, including hospitals designated as critical access hospitals, must
document in the patient's discharge plan instances when a restraint was used to manage the
patient's behavior prior to discharge, including the type of restraint, duration, and frequency.
In cases where the patient is transferred to a licensed or registered provider, the hospital
must notify the provider of the type, duration, and frequency of the restraint. "Restraint"
has the meaning given in section 144G.08, subdivision 61a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 3.

Minnesota Statutes 2024, section 144.6502, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.

(b) "Commissioner" means the commissioner of health.

(d) "Electronic monitoring" means the placement and use of an electronic monitoring
device in the resident's room or private living unit in accordance with this section.

(e) "Electronic monitoring device" means a camera or other device that captures, records,
or broadcasts audio, video, or both, that is placed in a resident's room or private living unit
and is used to monitor the resident or activities in the room or private living unit.

(f) "Facility" means a facility that is:

(1) licensed as a nursing home under chapter 144A;

(2) licensed as a boarding care home under sections 144.50 to 144.56;new text begin or
new text end

deleted text begin (3) until August 1, 2021, a housing with services establishment registered under chapter
deleted text end deleted text begin 144D deleted text end deleted text begin that is either subject to chapter deleted text end deleted text begin 144G deleted text end deleted text begin or has a disclosed special unit under section
325F.72; or
deleted text end

deleted text begin (4) on or after August 1, 2021,deleted text end new text begin (3) licensed asnew text end an assisted living facilitynew text begin under chapter
144Gnew text end .

(g) "Resident" means a person 18 years of age or older residing in a facility.

(h) "Resident representative" means one of the following in the order of priority listed,
to the extent the person may reasonably be identified and located:

(1) a court-appointed guardian;

(2) a health care agent as defined in section 145C.01, subdivision 2; or

(3) a person who is not an agent of a facility or of a home care provider designated in
writing by the resident and maintained in the resident's records on file with the facility.

Sec. 4.

Minnesota Statutes 2024, section 144A.161, subdivision 1a, is amended to read:

Subd. 1a.

Scope.

Where a facility is undertaking a closure, reduction, or change in
operations, deleted text begin or where a housing with services unit registered under chapter 144D is closed
because the space that it occupies is being replaced by a nursing facility bed that is being
reactivated from layaway status,deleted text end the facility and the county social services agency must
comply with the requirements of this section.

Sec. 5.

Minnesota Statutes 2024, section 144A.472, subdivision 5, is amended to read:

Subd. 5.

Changes in ownership.

(a) A home care license issued by the commissioner
may not be transferred to another party. Before acquiring ownership of or a controlling
interest in a home care provider business, a prospective owner must apply for a new license.
A change of ownership is a transfer of operational control of the home care provider business
and includes:

(1) transfer of the business to a different or new corporation;

(2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;

(3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;

(4) transfer of the business by a sole proprietor to another party or entity; or

(5) transfer of ownership or control of 50 percent or more of the controlling interest of
a home care provider business not covered by clauses (1) to (4).

(b) An employee who was employed by the previous owner of the home care provider
business prior to the effective date of a change in ownership under paragraph (a), and who
will be employed by the new owner in the same or a similar capacity, shall be treated as if
no change in employer occurred, with respect to orientation, training, tuberculosis testing,
background studies, and competency testing and training on the policies identified in
subdivision 1, clause (14), and subdivision 2, if applicable.

(c) Notwithstanding paragraph (b), a new owner of a home care provider business must
ensure that employees of the provider receive and complete training and testing on any
provisions of policies that differ from those of the previous owner within 90 days after the
date of the change in ownership.

new text begin (d) After a change of ownership, the new licensee is responsible for any outstanding
fines and any fines assessed following the effective date of the change of ownership.
Additionally, the new licensee is responsible for bringing the home care provider into
compliance with all existing ordered, imposed, or agreed-upon corrections and conditions.
new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 144A.474, subdivision 11, is amended
to read:

Subd. 11.

Fines.

(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (b) and imposed
immediately with no opportunity to correct the violation first as follows:

(1) Level 1, no fines or enforcement;

(2) Level 2, a fine of $500 per violation, in addition to any of the enforcement
mechanisms authorized in section 144A.475;

(3) Level 3, a fine of $1,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;

(4) Level 4, a fine of $3,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;

(5) Level 5, a fine of $5,000 per violation, in addition to any enforcement mechanism
authorized in section 144A.475; and

(6) for maltreatment violations for which the licensee was determined to be responsible
for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.
A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible
for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury.

The fines in clauses (1) to (5) are increased and immediate fine imposition is authorized
for both surveys and investigations conducted.

When a fine is assessed against a facility for substantiated maltreatment, the commissioner
shall not also impose an immediate fine under this chapter for the same circumstance.

(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:

(1) level of violation:

(i) Level 1 is a violation that will cause only minimal impact on the client and does not
affect health or safety;

(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;

(iii) Level 3 is a violation that harmed a client's health or safety, or a violation that had
the potential to cause more than minimal harm to the client;

(iv) Level 4 is a violation that harmed a client's health or safety, not including serious
injury or death, or a violation that was likely to lead to serious injury or death; and

(v) Level 5 is a violation that results in serious injury or death; and

(2) scope of violation:

(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;

(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and

(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.

(c) If the commissioner finds that the applicant or a home care provider has not corrected
violations by the date specified in the correction order or conditional license resulting from
a survey or complaint investigation, the commissioner shall provide a notice of
noncompliance with a correction order by email to the applicant's or provider's last known
email address. The noncompliance notice must list the violations not corrected.

(d) For every violation identified by the commissioner, the commissioner shall issue an
immediate fine pursuant to paragraph (a). The license holder must still correct the violation
in the time specified. The issuance of an immediate fine can occur in addition to any
enforcement mechanism authorized under section 144A.475. The immediate fine may be
appealed as allowed under this subdivision.

(e) The license holder must pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies by paying the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.

(f) A license holder shall promptly notify the commissioner in writing when a violation
specified in the order is corrected. If upon reinspection the commissioner determines that
a violation has not been corrected as indicated by the order, the commissioner may issue a
second fine. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that a second fine has been assessed. The license holder may
appeal the second fine as provided under this subdivision.

(g) A home care provider that has been assessed a fine under this subdivision has a right
to a reconsideration or a hearing under this section and chapter 14.

(h) When a fine has been assessed, the license holder may not avoid payment by closingdeleted text begin ,deleted text end
deleted text begin selling, or otherwise transferring the licensed program to a third partydeleted text end new text begin the licensenew text end . In such
an event, the license holder shall be liable for payment of the fine. new text begin In the event of a change
of ownership, the new licensee is responsible for any outstanding fines and any fines assessed
following the effective date of the change of ownership regardless of the date of the violation.
new text end

(i) In addition to any fine imposed under this section, the commissioner may assess a
penalty amount based on costs related to an investigation that results in a final order assessing
a fine or other enforcement action authorized by this chapter.

(j) Fines collected under paragraph (a) shall be deposited in a dedicated special revenue
account. deleted text begin On an annual basis, the balance in the special revenue account shall be appropriated
to the commissioner to implement the recommendations of the advisory council established
in section 144A.4799.deleted text end new text begin Money deposited in the account is appropriated to the commissioner
on an annual basis for a competitive grant program for special projects for improving home
care client quality of care and outcomes in Minnesota, with a specific focus on workforce
and clinical outcomes, including projects consistent with the criteria in section 144A.4799,
subdivision 3, paragraph (c). Grants must be distributed to home care providers licensed
under this chapter or organizations with experience in or knowledge of home care operations,
compliance, client needs, or best practices. Each grant must be at least $1,000. A provider
with a temporary license under this chapter is not eligible to apply for a grant. The
commissioner may retain up to ten percent of the amount available to cover the costs to
administer the grant under this section.new text end The commissioner must publish on the department's
website an annual report on the fines assessed and collected, and how the appropriated
money was allocated.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 144A.4799, subdivision 1, is amended
to read:

Subdivision 1.

Membership.

new text begin (a) new text end The commissioner of health shall appoint 14 persons
to a home care and assisted living advisory council consisting of the following:

(1) four public members as defined in section 214.02, one of whom must be a person
who either is receiving or has received home care services preferably within the five years
prior to initial appointment, one of whom must be a person who has or had a family member
receiving home care services preferably within the five years prior to initial appointment,
one of whom must be a person who either is or has been a resident in an assisted living
facility preferably within the five years prior to initial appointment, and one of whom must
be a person who has or had a family member residing in an assisted living facility preferably
within the five years prior to initial appointment;

(2) two Minnesota home care licensees representing basic and comprehensive levels of
licensure who may be a managerial official, an administrator, a supervising registered nurse,
or an unlicensed personnel performing home care tasks;

(3) one member representing the Minnesota Board of Nursing;

(4) one member representing the Office of Ombudsman for Long-Term Care;

(5) one member representing the Office of Ombudsman for Mental Health and
Developmental Disabilities;

(6) one member of a county health and human services or county adult protection office;

(7) two Minnesota assisted living facility licensees representing assisted living facilities
and assisted living facilities with dementia care levels of licensure who may be the facility's
assisted living director, managerial official, or clinical nurse supervisor;

(8) one organization representing long-term care providers, home care providers, and
assisted living providers in Minnesota; and

(9) one representative of a consumer advocacy organization representing individuals
receiving long-term care from licensed home care providers or assisted living facilities.

new text begin (b) When a vacancy occurs for an appointment identified in paragraph (a), the
commissioner must select an applicant for appointment within 81 calendars days of the
position being posted by the secretary of state if the application of a qualified and, if
applicable, a licensee in good standing applicant is received within 21 days of posting. If
no qualified applications are received within the first 21 days, the commissioner must select
an applicant for appointment within 60 calendar days of receiving the application of a
qualified and, if applicable, a licensee in good standing applicant.
new text end

Sec. 8.

Minnesota Statutes 2024, section 144A.72, subdivision 2, is amended to read:

Subd. 2.

Penalties.

new text begin (a)new text end Failure to comply with this section shall subject the supplemental
nursing services agency to revocation or nonrenewal of its registration. Violations of section
144A.74 are subject to a fine equal to 200 percent of the amount billed or received in excess
of the maximum permitted under that section.

new text begin (b) The commissioner may request and must be given access to relevant information,
records, incident reports, or other documents in the possession of a facility if the
commissioner considers them necessary to verify a supplemental nursing services agency's
compliance with this section. The commissioner may bring enforcement action against a
supplemental nursing services agency or facility that fails to provide the commissioner with
information, records, reports, or other documents requested under this paragraph.
new text end

Sec. 9.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision to
read:

new text begin Subd. 26a. new text end

new text begin Imminent risk. new text end

new text begin "Imminent risk" means an immediate and impending threat
to the health, safety, or rights of an individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 10.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:

new text begin Subd. 54a. new text end

new text begin Prone restraint. new text end

new text begin "Prone restraint" means the use of manual restraint that
places a resident in a face-down position. Prone restraint does not include the brief physical
holding of a resident who, during an emergency use of a manual restraint, rolls into a prone
position and as quickly as possible the resident is restored to a standing, sitting, or side-lying
position.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 11.

Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:

new text begin Subd. 61a. new text end

new text begin Restraint. new text end

new text begin "Restraint" means:
new text end

new text begin (1) chemical restraint, as defined in section 245D.02, subdivision 3b;
new text end

new text begin (2) manual restraint, as defined in section 245D.02, subdivision 15a;
new text end

new text begin (3) mechanical restraint, as defined in section 245D.02, subdivision 15b; or
new text end

new text begin (4) any other form of restraint that limits the free and normal movement of body or
limbs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 12.

Minnesota Statutes 2024, section 144G.19, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Correction orders and fines. new text end

new text begin After a change of ownership, the new licensee
is responsible for any outstanding fines and any fines assessed following the effective date
of the change of ownership regardless of the date of the violation. Additionally, the new
licensee is responsible for bringing the facility into compliance with all existing ordered,
imposed or agreed-upon corrections and conditions.
new text end

Sec. 13.

Minnesota Statutes 2024, section 144G.31, subdivision 6, is amended to read:

Subd. 6.

Payment of fines required.

When a fine has been assessed, the licensee may
not avoid payment by closingdeleted text begin , selling, or otherwise transferring the license to a third partydeleted text end new text begin
the licensenew text end . In such an event, the licensee shall be liable for payment of the fine.new text begin In the event
of a change of ownership, the new licensee is responsible for any outstanding fines and any
fines assessed following the effective date of the change of ownership regardless of the date
of the violation.
new text end

Sec. 14.

new text begin [144G.65] TRAINING IN EMERGENCY MANUAL RESTRAINTS.
new text end

new text begin Subdivision 1. new text end

new text begin Training. new text end

new text begin A licensee must ensure that staff who are authorized to apply
an emergency use of a manual restraint complete a minimum of four hours of training from
a qualified individual prior to assuming these responsibilities. Training must include:
new text end

new text begin (1) types of behaviors, de-escalation techniques and their value;
new text end

new text begin (2) principles of person-centered planning and service delivery as identified in section
245D.07, subdivision 1a, paragraph (b);
new text end

new text begin (3) what constitutes the use of a restraint;
new text end

new text begin (4) staff responsibilities related to: (i) prohibited procedures under section 144G.85; (ii)
why prohibited procedures are not effective for reducing or eliminating symptoms or
interfering behavior; and (iii) why prohibited procedures are not safe;
new text end

new text begin (5) the situations when staff must contact 911 services in response to an imminent risk
of harm to the resident or others; and
new text end

new text begin (6) strategies for respecting and supporting each resident's cultural preferences.
new text end

new text begin Subd. 2. new text end

new text begin Annual refresher training. new text end

new text begin The licensee must ensure that staff who apply an
emergency use of a manual restraint complete two hours of refresher training on an annual
basis covering each of the training areas listed in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The assisted living facility must implement all orientation
and training topics covered in this section.
new text end

new text begin Subd. 4. new text end

new text begin Verification and documentation of orientation and training. new text end

new text begin For staff who
are authorized to apply an emergency use of a manual restraint, the assisted living facility
must retain evidence in the employee record of each staff person having completed the
orientation and training under this section.
new text end

new text begin Subd. 5. new text end

new text begin Exemption. new text end

new text begin This section does not apply to licensees who have a policy
prohibiting the use of restraints.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 15.

new text begin [144G.85] USE OF RESTRAINTS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of restraints prohibited. new text end

new text begin Restraints are prohibited except as described
in subdivisions 2 and 4.
new text end

new text begin Subd. 2. new text end

new text begin Exception. new text end

new text begin (a) Emergency use of a manual restraint is permitted only when
immediate intervention is needed to protect the resident or others from imminent risk of
physical harm and is the least restrictive intervention to address the risk. The restraint must
be imposed for the least amount of time necessary and removed when there is no longer
imminent risk of physical harm to the resident or other persons in the facility. The use of
restraint under this subdivision must:
new text end

new text begin (1) take into consideration the rights, health, and welfare of the resident;
new text end

new text begin (2) not apply pressure to the back or chest while a resident is in a prone, supine, or
side-lying position; and
new text end

new text begin (3) allow the resident to be free from prone restraint.
new text end

new text begin (b) This section does not apply when a resident, a resident's legal representative, or a
family member acting on the resident's behalf chooses to utilize a bed rail or other device
that may constitute a restraint, after being informed of the facility's policy prohibiting the
use of restraints and of the risks of using the device. The facility must document that the
resident, resident's legal representative, or family member received information regarding
the facility's policy and the risks of using the device and voluntarily elected to use the device.
new text end

new text begin Subd. 3. new text end

new text begin Documentation and notification. new text end

new text begin (a) The resident's legal representative must
be notified within 24 hours of an emergency use of a manual restraint and of the
circumstances that prompted the use. Notification and the emergency use of a manual
restraint must be documented. If known, the advanced practice registered nurse, physician,
or physician assistant must be notified within 24 hours of an emergency use of a manual
restraint.
new text end

new text begin (b) On a form developed by the commissioner, the facility must notify the commissioner
and the ombudsman for long-term care within seven calendar days of any emergency use
of a manual restraint, including when any restraint is first applied or ordered. The
commissioner will monitor reported uses to detect overuse or unauthorized, inappropriate,
or ineffective use of the restraint. The form must include:
new text end

new text begin (1) the name and date of birth of the resident;
new text end

new text begin (2) the date and time of the use of the restraint;
new text end

new text begin (3) the names of staff and any residents who were involved in the incident leading up
to the emergency use of a manual restraint;
new text end

new text begin (4) a description of the incident, including the length of time the restraint was applied
and who was present before and during the incident leading up to the emergency use of a
manual restraint;
new text end

new text begin (5) a description of what less restrictive alternative measures were attempted to de-escalate
the incident and maintain safety that identifies when, how, and for how long the alternative
measures were attempted before the emergency use of a manual restraint was implemented;
new text end

new text begin (6) a description of the mental, physical, and emotional condition of the resident who
was restrained and of other persons involved in the incident leading up to, during, and
following the emergency use of a manual restraint;
new text end

new text begin (7) whether there was any injury to the resident who was restrained or other persons
involved in the incident, including staff, before or as a result of the emergency use of a
manual restraint; and
new text end

new text begin (8) whether there was a debriefing following the incident with the staff, and, if not
contraindicated, with the resident who was restrained and other persons who were involved
in or who witnessed the emergency use of a manual restraint, and the outcome of the
debriefing. If the debriefing was not conducted at the time the incident report was made,
the form should identify whether a debriefing is planned and a plan for mitigating use of
restraints in the future.
new text end

new text begin (c) A copy of the form submitted under paragraph (b) must be maintained in the resident's
record.
new text end

new text begin (d) A copy of the form submitted under paragraph (b) must be sent to the resident's
waiver case manager within seven calendar days of the emergency use of manual restraints.
An emergency use of manual restraints on people served under section 256B.49 and chapter
256S must be documented by the case manager in the resident's support plan, as defined in
sections 256B.49, subdivision 15, and 256S.10.
new text end

new text begin (e) The use of restraints by law enforcement officers or other emergency personnel acting
in a licensed capacity does not require the facility to comply with the requirements of this
subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Ordered treatment. new text end

new text begin The use of a restraint, other than an emergency use of a
manual restraint to address an imminent risk, that is part of an ordered treatment must
comply with the requirements for ordered treatment under section 144G.72 and must be the
least restrictive option.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 16.

Minnesota Statutes 2024, section 157.17, subdivision 2, is amended to read:

Subd. 2.

Registration.

At the time of licensure or license renewal, a boarding and lodging
establishment or a lodging establishment that provides supportive services or health
supervision services must be registered with the commissioner, and must register annually
thereafter. The registration must include the name, address, and telephone number of the
establishment, the name of the operator, the types of services that are being provided, a
description of the residents being served, the type and qualifications of staff in the facility,
and other information that is necessary to identify the needs of the residents and the types
of services that are being provided. The commissioner shall develop and furnish to the
boarding and lodging establishment or lodging establishment the necessary form for
submitting the registration.

deleted text begin Housing with services establishments registered under chapter 144D shall be considered
registered under this section for all purposes except that:
deleted text end

deleted text begin (1) the establishments shall operate under the requirements of chapter 144D; and
deleted text end

deleted text begin (2) the criminal background check requirements of sections 299C.66 to 299C.71 apply.
The criminal background check requirements of section 144.057 apply only to personnel
providing home care services under sections 144A.43 to 144A.47 and personnel providing
hospice care under sections 144A.75 to 144A.755.
deleted text end

Sec. 17.

Minnesota Statutes 2024, section 157.17, subdivision 5, is amended to read:

Subd. 5.

Services that may not be provided in a boarding and lodging establishment
or lodging establishment.

deleted text begin Except those facilities registered under chapter 144D,deleted text end A boarding
and lodging establishment or lodging establishment may not admit or retain individuals
who:

(1) would require assistance from establishment staff because of the following needs:
bowel incontinence, catheter care, use of injectable or parenteral medications, wound care,
or dressing changes or irrigations of any kind; or

(2) require a level of care and supervision beyond supportive services or health
supervision services.

Sec. 18.

Minnesota Statutes 2024, section 295.50, subdivision 4, is amended to read:

Subd. 4.

Health care provider.

(a) "Health care provider" means:

(1) a person whose health care occupation is regulated or required to be regulated by
the state of Minnesota furnishing any or all of the following goods or services directly to a
patient or consumer: medical, surgical, optical, visual, dental, hearing, nursing services,
drugs, laboratory, diagnostic or therapeutic services;

(2) a person who provides goods and services not listed in clause (1) that qualify for
reimbursement under the medical assistance program provided under chapter 256B;

(3) a staff model health plan company;

(4) an ambulance service required to be licensed;

(5) a person who sells or repairs hearing aids and related equipment or prescription
eyewear; or

(6) a person providing patient services, who does not otherwise meet the definition of
health care provider and is not specifically excluded in clause (b), who employs or contracts
with a health care provider as defined in clauses (1) to (5) to perform, supervise, otherwise
oversee, or consult with regarding patient services.

(b) Health care provider does not include:

(1) hospitals; medical supplies distributors, except as specified under paragraph (a),
clause (5); nursing homes licensed under chapter 144A or licensed in any other jurisdiction;
wholesale drug distributors; pharmacies; surgical centers; bus and taxicab transportation,
or any other providers of transportation services other than ambulance services required to
be licensed; supervised living facilities for persons with developmental disabilities, licensed
under Minnesota Rules, parts 4665.0100 to 4665.9900; deleted text begin housing with services establishments
required to be registered under chapter 144D;deleted text end board and lodging establishments providing
only custodial services that are licensed under chapter 157 and registered under section
157.17 to provide supportive services or health supervision services; adult foster homes as
defined in Minnesota Rules, part 9555.5105; day training and habilitation services for adults
with developmental disabilities as defined in section 252.41, subdivision 3; boarding care
homes, as defined in Minnesota Rules, part 4655.0100; and adult day care centers as defined
in Minnesota Rules, part 9555.9600;

(2) home health agencies as defined in Minnesota Rules, part 9505.0175, subpart 15; a
person providing personal care new text begin assistance new text end services and supervision of personal care new text begin assistance
new text end services as defined in deleted text begin Minnesota Rules, part 9505.0335deleted text end new text begin section 256B.0625, subdivision
19anew text end ; a person providing home care nursing services as defined in Minnesota Rules, part
9505.0360; and home care providers required to be licensed under chapter 144A for home
care services provided under chapter 144A;

(3) a person who employs health care providers solely for the purpose of providing
patient services to its employees;

(4) an educational institution that employs health care providers solely for the purpose
of providing patient services to its students if the institution does not receive fee for service
payments or payments for extended coverage; and

(5) a person who receives all payments for patient services from health care providers,
surgical centers, or hospitals for goods and services that are taxable to the paying health
care providers, surgical centers, or hospitals, as provided under section 295.53, subdivision
1, paragraph (b), clause (3) or (4), or from a source of funds that is excluded or exempt from
tax under sections 295.50 to 295.59.

Sec. 19.

Minnesota Statutes 2025 Supplement, section 295.50, subdivision 9b, is amended
to read:

Subd. 9b.

Patient services.

(a) "Patient services" means inpatient and outpatient services
and other goods and services provided by hospitals, surgical centers, or health care providers.
They include the following health care goods and services provided to a patient or consumer:

(1) bed and board;

(2) nursing services and other related services;

(3) use of hospitals, surgical centers, or health care provider facilities;

(4) medical social services;

(5) drugs, biologicals, supplies, appliances, and equipment;

(6) other diagnostic or therapeutic items or services;

(7) medical or surgical services;

(8) items and services furnished to ambulatory patients not requiring emergency care;
and

(9) emergency services.

(b) "Patient services" does not include:

(1) services provided to nursing homes licensed under chapter 144A;

(2) examinations for purposes of utilization reviews, insurance claims or eligibility,
litigation, and employment, including reviews of medical records for those purposes;

(3) services provided to and by community residential mental health facilities licensed
under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by
residential treatment programs for children with a serious mental illness licensed or certified
under chapter 245A;

(4) services provided under the following programs: day treatment services as defined
in section 245.462, subdivision 8; assertive community treatment as described in section
256B.0622; adult rehabilitative mental health services as described in section 256B.0623;
crisis response services as described in section 256B.0624; and children's therapeutic services
and supports as described in section 256B.0943;

(5) services provided to and by community mental health centers as defined in section
245.62, subdivision 2;

(6) services provided to and by assisted living programs and congregate housing
programs;

(7) hospice care services;

(8) home and community-based waivered services under chapter 256S and sections
256B.49 and 256B.501;

(9) targeted case management services under sections 256B.0621; 256B.0625,
subdivisions 20, 20a, 33, and 44; and 256B.094; and

(10) services provided to the following: supervised living facilities for persons with
developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
deleted text begin housing with services establishments required to be registered under chapter deleted text end deleted text begin 144Ddeleted text end deleted text begin ;deleted text end board
and lodging establishments providing only custodial services that are licensed under chapter
157 and registered under section 157.17 to provide supportive services or health supervision
services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training
and habilitation services for adults with developmental disabilities as defined in section
252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100;
adult day care services as defined in section 245A.02, subdivision 2a; and home health
agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under
chapter 144A.

Sec. 20. new text begin SPECIAL PROJECTS GRANT PROGRAM FOR HOME CARE
PROVIDERS.
new text end

new text begin By December 31, 2028, the commissioner of health must distribute the balance as of
January 1, 2027, in the special revenue account under Minnesota Statutes, section 144A.474,
subdivision 11, paragraph (j), under a competitive grant program for special projects for
improving home care client quality of care and outcomes in Minnesota, with a specific focus
on workforce and clinical outcomes, including projects consistent with criteria in Minnesota
Statutes, section 144A.4799, subdivision 3, paragraph (c). Grants must be distributed to
home care providers licensed under Minnesota Statutes, chapter 144A, or organizations
with experience in or knowledge of home care operations, compliance, client needs, or best
practices. Each grant must be at least $1,000. A provider with a temporary license under
Minnesota Statutes, chapter 144A, is not eligible to apply for a grant. Any amount that has
not been awarded as a grant by December 31, 2028, must be used for the annual distributions
under Minnesota Statutes, section 144A.474, subdivision 11, paragraph (j), beginning
January 1, 2029.
new text end

ARTICLE 3

HEALTH CARE POLICY

Section 1.

Minnesota Statutes 2025 Supplement, section 15.013, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin Nothing in this section modifies, supersedes, limits, or expands
the authority of the commissioner of human services to impose sanctions under section
256B.064.
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. 2.

Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin Nothing in this section modifies, supersedes, limits, or expands
the commissioner's authority to impose sanctions under section 256B.064.
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. 3.

new text begin [256B.0435] PREPAYMENT REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Providers subject to prepayment review. new text end

new text begin (a) The commissioner must
establish prepayment review of submitted medical assistance claims when the commissioner
or the Centers for Medicare and Medicaid Services designates:
new text end

new text begin (1) a provider type as high-risk under section 256B.04, subdivision 21, paragraph (j),
for fee-for-service claims submitted by providers within that category; and
new text end

new text begin (2) a covered service as high-risk, for fee-for-service claims submitted for that service
by any provider, except the Indian Health Service.
new text end

new text begin (b) Nothing in this section prevents the commissioner from establishing prepayment
review in other circumstances if required by the Centers for Medicare and Medicaid Services.
new text end

new text begin Subd. 2. new text end

new text begin Review requirements. new text end

new text begin (a) The commissioner must implement a prepayment
review established under subdivision 1, paragraph (a), within 15 days of the date of the
high-risk designation, effective for a period of up to 24 months from the date the review is
implemented.
new text end

new text begin (b) A prepayment review established under subdivision 1, paragraph (a), must comply
with the timely processing of claims requirements under Code of Federal Regulations, title
42, section 447.45.
new text end

new text begin (c) Before ending prepayment review under subdivision 1, paragraph (a), clause (1), the
commissioner must review all fee-for-service claims submitted by providers subject to the
prepayment review in the 24 months preceding the date the provider type was designated
high-risk.
new text end

new text begin Subd. 3. new text end

new text begin Continued enrollment of new clients. new text end

new text begin Nothing in this section prohibits an
enrolled provider that is subject to prepayment review under subdivision 1, paragraph (a),
from enrolling new clients or beneficiaries during the period of the review.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin At least ten days prior to implementing a prepayment review, the
commissioner must notify enrolled providers subject to the review and the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance about the prepayment review the commissioner plans to
implement under this section. The notice must:
new text end

new text begin (1) include a list of provider types or covered services to which prepayment review
applies;
new text end

new text begin (2) provide a general explanation for the basis of the review; and
new text end

new text begin (3) identify the start date and anticipated duration of the prepayment review.
new text end

new text begin Subd. 5. new text end

new text begin Report to the legislature. new text end

new text begin (a) Within 60 days of ending a prepayment review,
the commissioner must submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance.
The report must include, at a minimum:
new text end

new text begin (1) a summary of any sanctions imposed under section 256B.064 on any providers subject
to prepayment review; and
new text end

new text begin (2) recommendations for modifying or terminating the provision of covered services
deemed high-risk or delivered by provider types subject to prepayment review.
new text end

new text begin (b) Notwithstanding section 256.01, subdivision 42, this subdivision does not expire.
new text end

Sec. 4.

Minnesota Statutes 2024, section 256B.064, subdivision 1b, is amended to read:

Subd. 1b.

Sanctions available.

new text begin (a) new text end The commissioner may impose the following sanctions
for the conduct described in subdivision 1a: deleted text begin suspension or withholding of payments to an
individual or entity and suspending or terminating participation in the program, or imposition
of a fine under subdivision 2, paragraph (g).
deleted text end

new text begin (1) suspending payments to an individual or entity;
new text end

new text begin (2) withholding payments to an individual or entity;
new text end

new text begin (3) suspending participation in the program;
new text end

new text begin (4) terminating participation in the program; or
new text end

new text begin (5) imposing a fine under subdivision 2a.
new text end

new text begin (b)new text end When imposing sanctions under this deleted text begin sectiondeleted text end new text begin subdivisionnew text end , the commissioner deleted text begin shalldeleted text end new text begin
mustnew text end consider the nature, chronicity, or severity of the conduct and the effect of the conduct
on the health and safety of persons served by the individual or entity.

new text begin (c)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end suspend an individual's or entity's participation in the
program for a minimum of five years if the individual or entity is convicted of a crime,
received a stay of adjudication, or entered a court-ordered diversion program for an offense
related to a provision of a health service under medical assistance, including a federally
approved waiver, or health care fraud.

new text begin (d)new text end Regardless of imposition of sanctions, the commissioner may make a referral to the
appropriate state licensing board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 256B.064, subdivision 1c, is amended to read:

Subd. 1c.

Grounds for and methods of monetary recovery.

(a) The commissioner
may obtain monetary recovery from an individual or entity that has been improperly paid
by the department either as a result of conduct described in subdivision 1a or as a result of
an error by the individual or entity submitting the claim or by the department, regardless of
whether the error was intentional. Patterns need not be proven as a precondition to monetary
recovery of erroneous or false claims, duplicate claims, claims for services not medically
necessary, or claims based on false statements.

(b) The commissioner may obtain monetary recovery using methods including but not
limited to the following: assessing and recovering money improperly paid and debiting from
future payments any money improperly paid. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end charge interest
on money to be recovered if the recovery is to be made by installment payments or debits,
except when the monetary recovery is of an overpayment that resulted from a department
error. The interest charged deleted text begin shalldeleted text end new text begin mustnew text end be the rate established by the commissioner of revenue
under section 270C.40.

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.

Minnesota Statutes 2024, section 256B.064, subdivision 1d, is amended to read:

Subd. 1d.

Investigative costs.

new text begin (a) new text end The commissioner may seek recovery of investigative
costs from any individual or entity that willfully submits a claim for reimbursement for
services that the individual or entity knows, or reasonably should have known, is a false
representation and that results in the payment of public funds for which the individual or
entity is ineligible.

new text begin (b)new text end Billing errors that result in unintentional overcharges deleted text begin shalldeleted text end new text begin arenew text end not deleted text begin bedeleted text end grounds for
investigative cost recoupment.

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.

Minnesota Statutes 2024, section 256B.064, subdivision 2, is amended to read:

Subd. 2.

Imposition of monetary recovery and sanctionsnew text begin ; generallynew text end .

(a) The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end determine any monetary amounts to be recovered and sanctions
to be imposed upon an individual or entity under this section. Except as provided in
deleted text begin paragraphs (b) and (d), neitherdeleted text end new text begin subdivisions 2b to 2d, the commissioner must not obtainnew text end a
monetary recovery deleted text begin nordeleted text end new text begin or imposenew text end a sanction deleted text begin will be imposed by the commissionerdeleted text end without
prior notice and an opportunity for a hearing, according to chapter 14, on the commissioner's
proposed actiondeleted text begin , provided that the commissioner may suspend or reduce payment to an
individual or entity, except a nursing home or convalescent care facility, after notice and
prior to the hearing if in the commissioner's opinion that action is necessary to protect the
public welfare and the interests of the programdeleted text end .

deleted text begin (b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23(e) or (f), the commissioner shall
withhold or reduce payments to an individual or entity without providing advance notice
of such withholding or reduction if either of the following occurs:
deleted text end

deleted text begin (1) the individual or entity is convicted of a crime involving the conduct described in
subdivision 1a; or
deleted text end

deleted text begin (2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. Allegations are considered credible when they
have an indicium of reliability and the state agency has reviewed all allegations, facts, and
evidence carefully and acts judiciously on a case-by-case basis. A credible allegation of
fraud is an allegation which has been verified by the state, from any source, including but
not limited to:
deleted text end

deleted text begin (i) fraud hotline complaints;
deleted text end

deleted text begin (ii) claims data mining; and
deleted text end

deleted text begin (iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.
deleted text end

deleted text begin (c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:
deleted text end

deleted text begin (1) state that payments are being withheld according to paragraph (b);
deleted text end

deleted text begin (2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;
deleted text end

deleted text begin (3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;
deleted text end

deleted text begin (4) identify the types of claims to which the withholding applies; and
deleted text end

deleted text begin (5) inform the individual or entity of the right to submit written evidence for consideration
by the commissioner.
deleted text end

deleted text begin (d) The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the individual or entity, or after legal
proceedings relating to the alleged fraud are completed, unless the commissioner has sent
notice of intention to impose monetary recovery or sanctions under paragraph (a). Upon
conviction for a crime related to the provision, management, or administration of a health
service under medical assistance, a payment held pursuant to this section by the commissioner
or a managed care organization that contracts with the commissioner under section 256B.035
is forfeited to the commissioner or managed care organization, regardless of the amount
charged in the criminal complaint or the amount of criminal restitution ordered.
deleted text end

deleted text begin (e) The commissioner shall suspend or terminate an individual's or entity's participation
in the program without providing advance notice and an opportunity for a hearing when the
suspension or termination is required because of the individual's or entity's exclusion from
participation in Medicare. Within five days of taking such action, the commissioner must
send notice of the suspension or termination. The notice must:
deleted text end

deleted text begin (1) state that suspension or termination is the result of the individual's or entity's exclusion
from Medicare;
deleted text end

deleted text begin (2) identify the effective date of the suspension or termination; and
deleted text end

deleted text begin (3) inform the individual or entity of the need to be reinstated to Medicare before
reapplying for participation in the program.
deleted text end

deleted text begin (f)deleted text end new text begin (b)new text end Upon receipt of a notice under paragraph (a)new text begin or subdivision 2c or 2dnew text end that a
monetary recovery or sanction is to be imposed, an individual or entity may request a
contested case, as defined in section 14.02, subdivision 3, by filing with the commissioner
a written request of appeal. The appeal request must be received by the commissioner no
later than 30 days after the date the notification of monetary recovery or sanction was mailed
to the individual or entity. The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the individual or entity believes is correct;

(3) the authority in statute or rule upon which the individual or entity relies for each
disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

deleted text begin (g) The commissioner may order an individual or entity to forfeit a fine for failure to
fully document services according to standards in this chapter and Minnesota Rules, chapter
deleted text end deleted text begin 9505 deleted text end deleted text begin . The commissioner may assess fines if specific required components of documentation
are missing. The fine for incomplete documentation shall equal 20 percent of the amount
paid on the claims for reimbursement submitted by the individual or entity, or up to $5,000,
whichever is less. If the commissioner determines that an individual or entity repeatedly
violated this chapter, chapter deleted text end deleted text begin 254B deleted text end deleted text begin or deleted text end deleted text begin 245G deleted text end deleted text begin , or Minnesota Rules, chapter deleted text end deleted text begin 9505 deleted text end deleted text begin , related to
the provision of services to program recipients and the submission of claims for payment,
the commissioner may order an individual or entity to forfeit a fine based on the nature,
severity, and chronicity of the violations, in an amount of up to $5,000 or 20 percent of the
value of the claims, whichever is greater.
deleted text end

deleted text begin (h) The individual or entity shall pay the fine assessed on or before the payment date
specified. If the individual or entity fails to pay the fine, the commissioner may withhold
or reduce payments and recover the amount of the fine. A timely appeal shall stay payment
of the fine until the commissioner issues a final order.
deleted 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. 8.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Imposition of fines. new text end

new text begin (a) The commissioner may order an individual or entity
to forfeit a fine for failure to fully document services according to standards in this chapter
and Minnesota Rules, chapter 9505. The commissioner may assess fines if specific required
components of documentation are missing. The fine for incomplete documentation equals
20 percent of the amount paid on the claims for reimbursement submitted by the individual
or entity or up to $5,000, whichever is less. If the commissioner determines that an individual
or entity repeatedly violated this chapter, chapter 245G or 254B, or Minnesota Rules, chapter
9505, related to the provision of services to program recipients and the submission of claims
for payment, the commissioner may order an individual or entity to forfeit a fine based on
the nature, severity, and chronicity of the violations in an amount of up to $5,000 or 20
percent of the value of the claims, whichever is greater.
new text end

new text begin (b) The individual or entity must pay the fine assessed on or before the payment date
specified by the commissioner. If the individual or entity fails to pay the fine, the
commissioner may withhold or reduce payments and recover the amount of the fine. A
timely appeal stays payment of the fine until the commissioner issues a final order.
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. 9.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Mandatory suspension or termination after exclusion from participation
in Medicare. new text end

new text begin (a) The commissioner must suspend or terminate an individual's or entity's
participation in the program without providing advance notice and an opportunity for a
hearing when the suspension or termination is required because of the individual's or entity's
exclusion from participation in Medicare.
new text end

new text begin (b) Within five days of taking an action under paragraph (a), the commissioner must
send notice of the suspension or termination to the individual or entity. The notice must:
new text end

new text begin (1) state that suspension or termination is the result of the individual's or entity's exclusion
from Medicare;
new text end

new text begin (2) identify the effective date of the suspension or termination; and
new text end

new text begin (3) inform the individual or entity of the need to be reinstated to Medicare before
reapplying for participation in the program.
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. 10.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Imposition of withholding or reduction of payments before a hearing. new text end

new text begin (a)
Except as provided in paragraph (b), the commissioner may withhold or reduce payment
to an individual or entity after notice but before a hearing if, in the commissioner's opinion,
withholding or reducing payment is necessary to protect the public welfare and the interests
of the program.
new text end

new text begin (b) The commissioner must not withhold or reduce payments to a nursing home or
convalescent care facility before a hearing.
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. 11.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Imposition of withholding or reduction of payments without prior
notice. new text end

new text begin (a) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23(e) or (f), the commissioner must
withhold or reduce payments to an individual or entity without providing advance notice
of the withholding or reduction if either of the following occurs:
new text end

new text begin (1) the individual or entity is convicted of a crime involving the conduct described in
subdivision 1a; or
new text end

new text begin (2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. Allegations are considered credible when the
allegations have an indicium of reliability and the state agency has reviewed all allegations,
facts, and evidence carefully and acts judiciously on a case-by-case basis. A credible
allegation of fraud is an allegation that has been verified by the state from any source,
including but not limited to:
new text end

new text begin (i) fraud hotline complaints;
new text end

new text begin (ii) claims data mining; and
new text end

new text begin (iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.
new text end

new text begin (b) The commissioner must send notice of the withholding or reduction of payments
under paragraph (a) within five days of withholding or reducing payment unless requested
in writing by a law enforcement agency to temporarily withhold the notice. The notice must:
new text end

new text begin (1) state that payments are being withheld according to paragraph (a);
new text end

new text begin (2) set forth the general allegations as to the nature of the withholding action but need
not disclose any specific information concerning an ongoing investigation;
new text end

new text begin (3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;
new text end

new text begin (4) identify the types of claims to which the withholding applies; and
new text end

new text begin (5) inform the individual or entity of the right to submit written evidence for consideration
by the commissioner.
new text end

new text begin (c) The commissioner must cease the withholding or reduction of payments under this
subdivision after the commissioner determines there is insufficient evidence of fraud by the
individual or entity or after legal proceedings relating to the alleged fraud are completed,
unless the commissioner has sent notice of intent to impose monetary recovery or sanctions.
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. 12.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 2e. new text end

new text begin Forfeiture of withheld payments upon criminal conviction. new text end

new text begin Upon conviction
for a crime related to the provision, management, or administration of a health service under
medical assistance, a payment held pursuant to this section by the commissioner or a managed
care organization that contracts with the commissioner under section 256B.035 is forfeited
to the commissioner or managed care organization, regardless of the amount charged in the
criminal complaint or the amount of criminal restitution ordered.
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. 13.

Minnesota Statutes 2024, section 256B.064, subdivision 3, is amended to read:

Subd. 3.

Mandates on prohibited payments.

(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end maintain
and publish a list of each excluded individual and entity that was convicted of a crime related
to the provision, management, or administration of a medical assistance health service, or
suspended or terminated under subdivision deleted text begin 2deleted text end new text begin 2bnew text end . Medical assistance payments cannot be
made by an individual or entity for items or services furnished either directly or indirectly
by an excluded individual or entity, or at the direction of excluded individuals or entities.

(b) The entity must check the exclusion list on a monthly basis and document the date
and time the exclusion list was checked and the name and title of the person who checked
the exclusion list. The entity must immediately terminate payments to an individual or entity
on the exclusion list.

(c) An entity's requirement to check the exclusion list and to terminate payments to
individuals or entities on the exclusion list applies to each individual or entity on the
exclusion list, even if the named individual or entity is not responsible for direct patient
care or direct submission of a claim to medical assistance.

(d) An entity that pays medical assistance program funds to an individual or entity on
the exclusion list must refund any payment related to either items or services rendered by
an individual or entity on the exclusion list from the date the individual or entity is first paid
or the date the individual or entity is placed on the exclusion list, whichever is later, and an
entity may be subject to:

(1) sanctions under deleted text begin subdivision 2deleted text end new text begin this sectionnew text end ;

(2) a civil monetary penalty of up to $25,000 for each determination by the department
that the vendor employed or contracted with an individual or entity on the exclusion list;
and

(3) other fines or penalties allowed by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2024, section 256B.064, subdivision 4, is amended to read:

Subd. 4.

Notice.

(a) The department deleted text begin shalldeleted text end new text begin mustnew text end serve the notice required under deleted text begin subdivisiondeleted text end new text begin
subdivisionsnew text end 2new text begin and 2dnew text end using a signature-verified confirmed delivery method to the address
submitted to the department by the individual or entity. Service is complete upon mailing.

(b) The department deleted text begin shalldeleted text end new text begin mustnew text end give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part 9505.2200.
The department deleted text begin shalldeleted text end new text begin mustnew text end send the notice by first class mail to the recipient's current address
on file with the department. A recipient placed in the Minnesota restricted recipient program
may contest the placement by submitting a written request for a hearing to the department
within 90 days of the notice being mailed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2024, section 256B.064, subdivision 5, is amended to read:

Subd. 5.

Immunity; good faith reporters.

(a) A person who makes a good faith report
is immune from any civil or criminal liability that might otherwise arise from reporting or
participating in the investigation. Nothing in this subdivision affects an individual's or
entity's responsibility for an overpayment established under this subdivision.

(b) A person employed by a lead investigative agency who is conducting or supervising
an investigation or enforcing the law according to the applicable law or rule is immune from
any civil or criminal liability that might otherwise arise from the person's actions, if the
person is acting in good faith and exercising due care.

(d) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This subdivision does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court deleted text begin shalldeleted text end new text begin mustnew text end
conduct an in-camera review before determining whether to order disclosure of the reporter's
identity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2024, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin This section supersedes any inconsistent or contrary provision of
law.
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

ARTICLE 4

MEDICAL ASSISTANCE PROVIDER ENROLLMENT

Section 1.

Minnesota Statutes 2024, section 142B.01, subdivision 8, is amended to read:

Subd. 8.

Controlling individual.

(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:

(1) each officer of the organization, including the chief executive officer and chief
financial officer;

(2) the individual designated as the authorized agent under section 142B.10, subdivision
1, paragraph (b);

(3) the individual designated as the compliance officer under section deleted text begin 256B.04, deleted text begin subdivision
deleted text end 21, paragraph (g)deleted text end new text begin 256B.044, subdivision 8, paragraph (b)new text end ;

(4) each managerial official whose responsibilities include the direction of the
management or policies of a program;

(5) the individual designated as the primary provider of care for a special family child
care program under section 142B.41, subdivision 4, paragraph (d); and

(6) the president and treasurer of the board of directors of a nonprofit corporation.

(b) Controlling individual does not include:

(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;

(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program; receives remuneration from the program; or
owns any of the beneficial interests not excluded in this subdivision;

(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:

(i) whose securities are exempt under section 80A.45, clause (6); or

(ii) whose transactions are exempt under section 80A.46, clause (2);

(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or

(5) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual according to paragraph (a).

(c) For purposes of this subdivision, "managerial official" means an individual who has
the decision-making authority related to the operation of the program, and the responsibility
for the ongoing management of or direction of the policies, services, or employees of the
program. A site director who has no ownership interest in the program is not considered to
be a managerial official for purposes of this definition.

Sec. 2.

Minnesota Statutes 2024, section 245A.02, subdivision 5a, is amended to read:

Subd. 5a.

Controlling individual.

(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:

(1) each officer of the organization, including the chief executive officer and chief
financial officer;

(2) the individual designated as the authorized agent under section 245A.04, subdivision
1, paragraph (b);

(3) the individual designated as the compliance officer under section deleted text begin 256B.04, subdivision
21, paragraph (g)deleted text end new text begin 256B.044, subdivision 8, paragraph (b)new text end ;

(4) each managerial official whose responsibilities include the direction of the
management or policies of a program; and

(5) the president and treasurer of the board of directors of a nonprofit corporation.

(b) Controlling individual does not include:

(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program, receives remuneration from the program, or
owns any of the beneficial interests not excluded in this subdivision;

(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:

(i) whose securities are exempt under section 80A.45, clause (6); or

(ii) whose transactions are exempt under section 80A.46, clause (2);

Sec. 3.

Minnesota Statutes 2024, section 245D.081, subdivision 3, is amended to read:

Subd. 3.

Program management and oversight.

(a) The license holder must designate
a managerial staff person or persons to provide program management and oversight of the
services provided by the license holder. The designated manager is responsible for the
following:

(1) maintaining a current understanding of the licensing requirements sufficient to ensure
compliance throughout the program as identified in section 245A.04, subdivision 1, paragraph
(e), and when applicable, as identified in section deleted text begin 256B.04, subdivision 21, paragraph (g)deleted text end new text begin
256B.044, subdivision 8new text end ;

(2) ensuring the duties of the designated coordinator are fulfilled according to the
requirements in subdivision 2;

(3) ensuring the program implements corrective action identified as necessary by the
program following review of incident and emergency reports according to the requirements
in section 245D.11, subdivision 2, clause (7). An internal review of incident reports of
alleged or suspected maltreatment must be conducted according to the requirements in
section 245A.65, subdivision 1, paragraph (b);

(4) evaluation of satisfaction of persons served by the program, the person's legal
representative, if any, and the case manager, with the service delivery and progress toward
accomplishing outcomes identified in sections 245D.07 and 245D.071, and ensuring and
protecting each person's rights as identified in section 245D.04;

(5) ensuring staff competency requirements are met according to the requirements in
section 245D.09, subdivision 3, and ensuring staff orientation and training is provided
according to the requirements in section 245D.09, subdivisions 4, 4a, and 5;

(6) ensuring corrective action is taken when ordered by the commissioner and that the
terms and conditions of the license and any variances are met; and

(7) evaluating the information identified in clauses (1) to (6) to develop, document, and
implement ongoing program improvements.

(b) The designated manager must be competent to perform the duties as required and
must minimally meet the education and training requirements identified in subdivision 2,
paragraph (b), and have a minimum of three years of supervisory level experience in a
program that provides care or education to vulnerable adults or children.

Sec. 4.

Minnesota Statutes 2024, section 256B.04, subdivision 5, is amended to read:

Subd. 5.

Annual report required.

The state agency within 60 days after the close of
each fiscal year, shall prepare and print for the fiscal year a report that includesnew text begin :new text end a full
account of the operations and expenditure of funds under this chapterdeleted text begin ,deleted text end new text begin ;new text end a full account of the
activities undertaken in accordance with subdivision 10deleted text begin ,deleted text end new text begin ;new text end adequate and complete statistics
divided by counties about all medical assistance provided in accordance with this chapterdeleted text begin ,deleted text end new text begin ;
a full account of all pre-enrollment, postenrollment, and unannounced site visits to providers
under section 256B.044, subdivision 5;new text end and any other information it may deem advisable.

Sec. 5.

Minnesota Statutes 2025 Supplement, section 256B.04, subdivision 21, is amended
to read:

Subd. 21.

Provider enrollment.

deleted text begin (a)deleted text end The commissioner shall enroll providers and conduct
screening activities as required by Code of Federal Regulations, title 42, section 455, subpart
Enew text begin , and sections 256B.044 to 256B.0445new text end .

deleted text begin A provider must enroll each provider-controlled location where direct services are
provided. The commissioner may deny a provider's incomplete application if a provider
fails to respond to the commissioner's request for additional information within 60 days of
the request. The commissioner must conduct a background study under chapter deleted text end deleted text begin 245C deleted text end deleted text begin ,
including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses
(1) to (5), for a provider described in this paragraph. The background study requirement
may be satisfied if the commissioner conducted a fingerprint-based background study on
the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph
(a), clauses (1) to (5).
deleted text end

deleted text begin (b) The commissioner shall revalidate:
deleted text end

deleted text begin (1) each provider under this subdivision at least once every five years;
deleted text end

deleted text begin (2) each personal care assistance agency, CFSS provider-agency, and CFSS financial
management services provider under this subdivision at least once every three years;
deleted text end

deleted text begin (3) each EIDBI agency under this subdivision at least once every three years; and
deleted text end

deleted text begin (4) at the commissioner's discretion, any medical-assistance-only provider type the
commissioner deems "high-risk" under this subdivision.
deleted text end

deleted text begin (c) The commissioner shall conduct revalidation as follows:
deleted text end

deleted text begin (1) provide 30-day notice of the revalidation due date including instructions for
revalidation and a list of materials the provider must submit;
deleted text end

deleted text begin (2) if a provider fails to submit all required materials by the due date, notify the provider
of the deficiency within 30 days after the due date and allow the provider an additional 30
days from the notification date to comply; and
deleted text end

deleted text begin (3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day
notice of termination and immediately suspend the provider's ability to bill. The provider
does not have the right to appeal suspension of ability to bill.
deleted text end

deleted text begin (d) If a provider fails to comply with any individual provider requirement or condition
of participation, the commissioner may suspend the provider's ability to bill until the provider
comes into compliance. The commissioner's decision to suspend the provider is not subject
to an administrative appeal.
deleted text end

deleted text begin (e) Correspondence and notifications, including notifications of termination and other
actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph
does not apply to correspondences and notifications related to background studies.
deleted text end

deleted text begin (f) If the commissioner or the Centers for Medicare and Medicaid Services determines
that a provider is designated "high-risk," the commissioner may withhold payment from
providers within that category upon initial enrollment for a 90-day period. The withholding
for each provider must begin on the date of the first submission of a claim.
deleted text end

deleted text begin (g) An enrolled provider that is also licensed by the commissioner under chapter deleted text end deleted text begin 245A deleted text end deleted text begin ,
is licensed as a home care provider by the Department of Health under chapter 144A, or is
licensed as an assisted living facility under chapter deleted text end deleted text begin 144G deleted text end deleted text begin and has a home and
community-based services designation on the home care license under section 144A.484,
must designate an individual as the entity's compliance officer. The compliance officer
must:
deleted text end

deleted text begin (1) develop policies and procedures to assure adherence to medical assistance laws and
regulations and to prevent inappropriate claims submissions;
deleted text end

deleted text begin (2) train the employees of the provider entity, and any agents or subcontractors of the
provider entity including billers, on the policies and procedures under clause (1);
deleted text end

deleted text begin (3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
deleted text end

deleted text begin (4) use evaluation techniques to monitor compliance with medical assistance laws and
regulations;
deleted text end

deleted text begin (5) promptly report to the commissioner any identified violations of medical assistance
laws or regulations; and
deleted text end

deleted text begin (6) within 60 days of discovery by the provider of a medical assistance reimbursement
overpayment, report the overpayment to the commissioner and make arrangements with
the commissioner for the commissioner's recovery of the overpayment.
deleted text end

deleted text begin The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
deleted text end

deleted text begin (h) The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year, if the provider fails to maintain and, upon request
from the commissioner, provide access to documentation relating to written orders or requests
for payment for durable medical equipment, certifications for home health services, or
referrals for other items or services written or ordered by such provider, when the
commissioner has identified a pattern of a lack of documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one occasion.
Nothing in this paragraph limits the authority of the commissioner to sanction a provider
under the provisions of section 256B.064.
deleted text end

deleted text begin (i) The commissioner shall terminate or deny the enrollment of any individual or entity
if the individual or entity has been terminated from participation in Medicare or under the
Medicaid program or Children's Health Insurance Program of any other state. The
commissioner may exempt a rehabilitation agency from termination or denial that would
otherwise be required under this paragraph, if the agency:
deleted text end

deleted text begin (1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;
deleted text end

deleted text begin (2) meets all other applicable Medicare certification requirements based on an on-site
review completed by the commissioner of health; and
deleted text end

deleted text begin (3) serves primarily a pediatric population.
deleted text end

deleted text begin (j) As a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter deleted text end deleted text begin 14 deleted text end deleted text begin .
The commissioner's designations are not subject to administrative appeal.
deleted text end

deleted text begin (k) As a condition of enrollment in medical assistance, the commissioner shall require
that a high-risk provider, or a person with a direct or indirect ownership interest in the
provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
high-risk for fraud, waste, or abuse.
deleted text end

deleted text begin (l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause (3),
operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
annually renewed and designates the Minnesota Department of Human Services as the
obligee, and must be submitted in a form approved by the commissioner. For purposes of
this clause, the following medical suppliers are not required to obtain a surety bond: a
federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.
deleted text end

deleted text begin (2) At the time of initial enrollment or reenrollment, durable medical equipment providers
and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions
from a surety bond must occur within six years from the date the debt is affirmed by a final
agency decision. An agency decision is final when the right to appeal the debt has been
exhausted or the time to appeal has expired under section 256B.064.
deleted text end

deleted text begin (3) "Durable medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public and is able
to perform or arrange for necessary repairs to and maintenance of equipment offered for
sale or rental.
deleted text end

deleted text begin (m) The Department of Human Services may require a provider to purchase a surety
bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
if: (1) the provider fails to demonstrate financial viability, (2) the department determines
there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph (f) and as
per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
amount of $100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the
Department of Human Services as an obligee and must allow for recovery of costs and fees
in pursuing a claim on the bond. This paragraph does not apply if the provider currently
maintains a surety bond under the requirements in section 256B.051, 256B.0659, 256B.0701,
or 256B.85.
deleted text end

Sec. 6.

new text begin [256B.044] PROVIDER ENROLLMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Designating categorical risk levels. new text end

new text begin (a) The commissioner must designate
provider types as "limited-risk," "moderate-risk," or "high-risk" based on the criteria and
standards used to designate Medicare providers in Code of Federal Regulations, title 42,
section 424.518. The commissioner must publish a list of provider types and designated
categorical risk levels in the Minnesota Health Care Program Provider Manual.
new text end

new text begin (b) The list and criteria are not subject to the requirements of chapter 14, and section
14.386 does not apply.
new text end

new text begin (c) The commissioner's designations are not subject to administrative appeal.
new text end

new text begin Subd. 2. new text end

new text begin Required verifications and checks. new text end

new text begin The commissioner must perform the
following verifications and checks prior to making an enrollment determination and
periodically thereafter:
new text end

new text begin (1) verify that the provider meets applicable federal and state requirements for the
provider type;
new text end

new text begin (2) conduct license verifications, as applicable, including verification of current licensure
in Minnesota and in any other state in which the provider is or was previously licensed, in
accordance with Code of Federal Regulations, title 42, section 455.412;
new text end

new text begin (3) conduct database checks on a pre-enrollment and postenrollment basis to ensure that
the provider continues to meet the enrollment criteria for the provider type, in accordance
with Code of Federal Regulations, title 42, section 455.436;
new text end

new text begin (4) confirm that the provider and any disclosed owners, managing employees, or
controlling individuals are not excluded from participation in any state's Medicaid program,
Medicare, or any other federal health care program;
new text end

new text begin (5) verify the provider's National Provider Identifier and, as applicable, Medicare
enrollment status;
new text end

new text begin (6) verify the provider's tax identification number and business registration status;
new text end

new text begin (7) verify the provider's ownership and control disclosures as required under federal
law; and
new text end

new text begin (8) conduct any additional screenings, verifications, or reviews that are necessary to
protect the integrity of the medical assistance program or that are required under federal
law.
new text end

new text begin Subd. 3. new text end

new text begin Required background studies. new text end

new text begin (a) The commissioner must conduct a
background study under chapter 245C, for a provider applying for enrollment. The
background study must include a review of databases in section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and any other databases required under federal law.
new text end

new text begin (b) The commissioner must conduct a background study under this subdivision for each
individual with an ownership or control interest in, or who is an officer, director, agent,
managing employee, or other person with operational or managerial control of the provider.
new text end

new text begin (c) Fingerprint-based studies are required when mandated by federal law or when a
provider is designated moderate-risk or high-risk under subdivision 1.
new text end

new text begin (d) The commissioner may conduct background studies postenrollment as necessary.
new text end

new text begin (e) A provider's failure to submit to the commissioner the information required for a
background study under this subdivision is grounds for denial or termination of enrollment
in medical assistance.
new text end

new text begin (f) A provider's enrollment must be denied or terminated if a provider or individual
subject to a background study under this subdivision is disqualified under chapter 245C or
is excluded from participating in any federal health care programs.
new text end

new text begin Subd. 4. new text end

new text begin Service location enrollment. new text end

new text begin (a) A provider must enroll each provider-controlled
location where direct services are provided. "Provider-controlled location" means a physical
site owned, leased, operated, or otherwise controlled by the provider.
new text end

new text begin (b) Providers must report all provider-controlled locations where direct services are
provided to the commissioner and obtain approval before billing for services provided at a
new location.
new text end

new text begin (c) Separate enrollment is not required for services provided in a recipient's home or
community setting, telehealth services delivered from an enrolled site, compliant mobile
services, or other federally permissible exemptions.
new text end

new text begin (d) A provider's failure to enroll each provider-controlled location where direct services
are provided is grounds for sanctions under section 256B.064.
new text end

new text begin Subd. 5. new text end

new text begin Site visits. new text end

new text begin (a) As a condition of enrollment in medical assistance, the
commissioner shall require that a provider permit the Centers for Medicare and Medicaid
Services (CMS), CMS's agents, or CMS's designated contractors and the Department of
Human Services (DHS), DHS's agents, or DHS's designated contractors to conduct
unannounced site visits of any of a provider's enrolled locations.
new text end

new text begin (b) At a minimum, the commissioner must conduct the following site visits at each of
a provider's enrolled locations:
new text end

new text begin (1) pre-enrollment site visits for providers designated as moderate-risk or high-risk under
subdivision 1;
new text end

new text begin (2) postenrollment site visits for providers designated as moderate-risk or high-risk under
subdivision 1; and
new text end

new text begin (3) unannounced site visits, as follows:
new text end

new text begin (i) prior to payment of the provider's first claim after enrollment, when required under
federal law or due to program integrity concerns;
new text end

new text begin (ii) within 12 months after the provider begins to bill claims; and
new text end

new text begin (iii) prior to revalidation under section 256B.0441, subdivision 3.
new text end

new text begin (c) The commissioner may conduct additional announced or unannounced site visits
when necessary to verify compliance with enrollment requirements or to protect program
integrity.
new text end

new text begin (d) A provider's failure to permit a required site visit is grounds for denial, suspension,
or termination of enrollment and may result in denial of claims or recoupment of payments.
new text end

new text begin Subd. 6. new text end

new text begin Surety bonds. new text end

new text begin (a) The commissioner must require a provider to purchase a
surety bond as a condition of initial enrollment, reenrollment, revalidation, reinstatement,
or continued enrollment if:
new text end

new text begin (1) the provider fails to demonstrate financial viability;
new text end

new text begin (2) the commissioner determines there is significant evidence of or potential for fraud
and abuse by the provider; or
new text end

new text begin (3) the provider or category of providers is designated high-risk pursuant to subdivision
1.
new text end

new text begin (b) The surety bond must be in an amount of $100,000 or ten percent of the provider's
payments from Medicaid during the immediately preceding 12 months, whichever is greater.
The surety bond must name DHS as an obligee and must allow for recovery of costs and
fees in pursuing a claim on the bond.
new text end

new text begin (c) This subdivision does not apply if the provider currently maintains a surety bond
under the requirements in section 256B.051, 256B.0659, 256B.0701, or 256B.85.
new text end

new text begin Subd. 7. new text end

new text begin Financial capacity. new text end

new text begin As a condition of enrolling in medical assistance, the
commissioner must require, in a form and manner prescribed by the commissioner, that a
provider demonstrate sufficient financial capacity to operate, repay improper payments,
and make payroll for 90 days.
new text end

new text begin Subd. 8. new text end

new text begin Compliance programs. new text end

new text begin (a) The commissioner may require, as a condition of
enrollment in medical assistance, that a provider in a particular industry, of a particular
provider type, or with a particular risk categorization under subdivision 1, establish and
maintain a compliance program consistent with federal program integrity guidance issued
by CMS or the United States Department of Health and Human Services Office of Inspector
General.
new text end

new text begin (b) If an enrolled provider is required by the commissioner or by federal or state law to
designate an individual as the provider's compliance officer, the provider must appoint an
individual responsible for implementing and overseeing the compliance program.
new text end

new text begin (c) At a minimum, the compliance program must include policies and procedures designed
to:
new text end

new text begin (1) ensure adherence to federal and state laws and program requirements governing
medical assistance and prevent the submission of improper claims;
new text end

new text begin (2) train employees, agents, contractors, and subcontractors, including billing personnel,
on applicable federal and state laws and program requirements;
new text end

new text begin (3) establish procedures for receiving, investigating, and responding to allegations of
improper conduct and for implementing corrective actions;
new text end

new text begin (4) use auditing, monitoring, or other evaluation techniques to assess ongoing compliance;
new text end

new text begin (5) promptly report to the commissioner any credible evidence of violations of federal
and state laws or regulations governing medical assistance; and
new text end

new text begin (6) report and return identified medical assistance overpayments within 60 days after
discovery or by the date any corresponding cost report is due, whichever is later, in
accordance with federal law.
new text end

new text begin Subd. 9. new text end

new text begin Incomplete provider enrollment applications. new text end

new text begin The commissioner must deny
a provider's incomplete enrollment application if a provider fails to respond to the
commissioner's request for additional information within 60 days of the request.
new text end

new text begin Subd. 10. new text end

new text begin Correspondence and notification. new text end

new text begin The commissioner must deliver
correspondence and notifications, including notifications of termination and other actions,
electronically to a provider's MN-ITS mailbox. This subdivision does not apply to
correspondences and notifications related to background studies.
new text end

Sec. 7.

new text begin [256B.0441] PROVIDER REVALIDATION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin The commissioner must revalidate each enrolled provider
according to this section.
new text end

new text begin Subd. 2. new text end

new text begin Schedule. new text end

new text begin (a) The commissioner shall revalidate:
new text end

new text begin (1) each provider at least once every five years;
new text end

new text begin (2) each personal care assistance agency, community first services and supports (CFSS)
provider-agency, and CFSS financial management services provider at least once every
three years;
new text end

new text begin (3) each EIDBI agency at least once every three years; and
new text end

new text begin (4) each medical-assistance-only provider type the commissioner deems high-risk under
section 256B.044, subdivision 1, at least every three years.
new text end

new text begin (b) The commissioner must conduct revalidation of a provider more frequently when
required under federal law or when necessary to protect program integrity.
new text end

new text begin Subd. 3. new text end

new text begin Procedures. new text end

new text begin (a) The commissioner shall conduct revalidation as follows:
new text end

new text begin (1) provide 30-day notice to the provider of the provider's revalidation due date, including
instructions for revalidation, a list of materials the provider must submit, and a notice about
the unannounced site visit required under paragraph (b);
new text end

new text begin (2) if a provider fails to submit all required materials or satisfy the requirements of
paragraph (b) by the due date, notify the provider of the deficiency within 14 days after the
due date and allow the provider an additional 14 days from the notification date to comply;
and
new text end

new text begin (3) if a provider fails to remedy a deficiency within the additional 28-day time period,
give 15 days' notice of termination and immediately suspend the provider's ability to bill.
The commissioner's decision to suspend the provider's ability to bill is not subject to an
administrative appeal.
new text end

new text begin (b) The commissioner must conduct unannounced site visits at each of a provider's
enrolled locations under section 256B.044, subdivision 4, no more than 30 days prior to the
provider's revalidation due date.
new text end

new text begin (c) A provider must demonstrate financial capacity, as described under section 256B.044,
subdivision 7, as a requirement of revalidation under this subdivision.
new text end

Sec. 8.

new text begin [256B.0442] PROVIDER ENROLLMENT SUSPENSIONS AND
TERMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Suspension of billing privileges. new text end

new text begin (a) If a provider fails to comply with
any individual provider requirement or condition of participation, the commissioner must
suspend the provider's ability to bill until the provider comes into compliance.
new text end

new text begin (b) Notwithstanding any law to the contrary, the commissioner may immediately impose
a suspension under this subdivision when necessary to protect public funds or ensure program
integrity.
new text end

new text begin (c) A suspension under this subdivision does not limit the authority of the commissioner
to issue any other sanction authorized under federal or state law.
new text end

new text begin (d) The commissioner's decision to suspend a provider's ability to bill is not subject to
an administrative appeal.
new text end

new text begin Subd. 2. new text end

new text begin Revocation for lack of documentation. new text end

new text begin (a) The commissioner may revoke
the enrollment of an ordering or rendering provider for a period of not more than one year
if the provider fails to maintain and, upon request from the commissioner, provide access
to documentation relating to written orders or requests for payment for durable medical
equipment, certifications for home health services, or referrals for other items or services
written or ordered by the provider when the commissioner has identified a pattern of a lack
of documentation. A pattern means a failure to maintain documentation or provide access
to documentation on more than one occasion.
new text end

new text begin (b) Nothing in this subdivision limits the authority of the commissioner to sanction a
provider under the provisions of section 256B.064.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory denial or termination of enrollment. new text end

new text begin (a) The commissioner must
terminate or deny the enrollment of a provider when:
new text end

new text begin (1) an individual with a five percent or greater direct or indirect ownership interest in
the provider does not submit timely and accurate information and cooperate with the
screening methods required under section 256B.044;
new text end

new text begin (2) an individual with a five percent or greater direct or indirect ownership interest in
the provider has been convicted of a criminal offense related to the individual's involvement
in Medicare, Medicaid, or the Children's Health Insurance Program in the last ten years,
unless the commissioner determines that denial or termination of enrollment is not in the
best interests of the medical assistance program and the commissioner documents that
determination in writing;
new text end

new text begin (3) the provider or an individual was terminated from participation in Medicare on or
after January 1, 2011, or under a Medicaid program or Children's Health Insurance Program
of any other state, and is currently included in the termination database under Code of
Federal Regulations, title 42, section 455.417, except as provided in paragraph (b);
new text end

new text begin (4) the provider, or an individual with an ownership or control interest or who is an agent
or managing employee of the provider, fails to submit timely or accurate information, unless
the commissioner determines that termination or denial of enrollment is not in the best
interests of the medical assistance program and the commissioner documents that
determination in writing;
new text end

new text begin (5) the provider, or an individual with a five percent or greater direct or indirect ownership
interest in the provider, fails to submit sets of fingerprints in a form and manner determined
by the commissioner within 30 days of a request from Centers for Medicare and Medicaid
Services (CMS) or the commissioner, unless the commissioner determines that termination
or denial of enrollment is not in the best interests of the medical assistance program and the
commissioner documents that determination in writing;
new text end

new text begin (6) the provider fails to permit access to provider locations for any site visits under
section 256B.044, subdivision 5, unless the commissioner determines that termination or
denial of enrollment is not in the best interests of the medical assistance program and the
commissioner documents that determination in writing; or
new text end

new text begin (7) CMS or the commissioner determines that the provider has falsified any information
provided on the application or cannot verify the identity of any provider applicant.
new text end

new text begin (b) The commissioner may exempt a rehabilitation agency from termination or denial
that would otherwise be required under paragraph (a), clause (3), if the agency:
new text end

new text begin (1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;
new text end

new text begin (2) meets all other applicable Medicare certification requirements based on an on-site
review completed by the commissioner of health; and
new text end

new text begin (3) serves primarily a pediatric population.
new text end

Sec. 9.

new text begin [256B.0443] PROVIDER PAYMENT WITHHOLDS.
new text end

new text begin (a) If the commissioner or the Centers for Medicare and Medicaid Services designate a
provider type as high-risk under section 256B.044, subdivision 1, the commissioner may
withhold payment from providers within that category upon initial enrollment for a 90-day
period.
new text end

new text begin (b) The withholding for each provider must begin on the date of the first submission of
a claim.
new text end

Sec. 10.

new text begin [256B.0444] ENROLLMENT MORATORIUM FOR HIGH-RISK
PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Provider enrollment moratorium. new text end

new text begin (a) If the commissioner or the Centers
for Medicare and Medicaid Services (CMS) designates a provider type as high-risk under
section 256B.044, subdivision 1, the commissioner may issue a statewide or regional
enrollment moratorium and stop accepting and processing applications from providers
within that category within 30 days of the date of the designation or upon federal approval
of the moratorium, whichever is later. A moratorium issued under this section is effective
for a period of up to 24 months from the date the moratorium is issued.
new text end

new text begin (b) Before ending the moratorium under this section, the commissioner must revalidate
the enrollment of each provider within the affected category in accordance with the
revalidation procedures under section 256B.0441, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Continued enrollment of new clients. new text end

new text begin Nothing in this section prohibits an
enrolled provider subject to a moratorium under this section from enrolling new clients or
beneficiaries during the period of the enrollment moratorium.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin At least ten days prior to issuing an enrollment moratorium under this
section, the commissioner must notify enrolled providers within the affected category and
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services about the actions the commissioner plans to take under this
section. The notice must:
new text end

new text begin (1) include a list of provider types to which the moratorium applies;
new text end

new text begin (2) provide a general explanation for the basis of the high-risk designation; and
new text end

new text begin (3) identify the start dates and anticipated durations of the enrollment moratorium.
new text end

new text begin Subd. 4. new text end

new text begin Report to legislature. new text end

new text begin Within 60 days of ending an enrollment moratorium
under this section, the commissioner must submit a report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services.
The report must include, at a minimum:
new text end

new text begin (1) a summary of any sanctions imposed under section 256B.064 on any providers subject
to the moratorium; and
new text end

new text begin (2) recommendations for modifying or terminating the provision of covered services
delivered by provider types subject to the moratorium.
new text end

Sec. 11.

new text begin [256B.0445] ADDITIONAL PROVIDER ENROLLMENT REQUIREMENTS
FOR SPECIFIC PROVIDER TYPES.
new text end

new text begin Subdivision 1. new text end

new text begin Durable medical equipment provider or supplier. new text end

new text begin (a) For the purposes
of this subdivision, "durable medical equipment provider or supplier" means a medical
supplier that can purchase medical equipment or supplies for sale or rent to the general
public and is able to perform or arrange for necessary repairs to and maintenance of
equipment offered for sale or rent.
new text end

new text begin (b) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies medical suppliers meeting the durable
medical equipment provider or supplier definition in paragraph (a), operating in Minnesota,
and receiving medical assistance money must purchase a surety bond that is annually
renewed, designates the state agency as the obligee, and is submitted in a form approved
by the commissioner. For purposes of this paragraph, the following medical suppliers are
not required to obtain a surety bond: a federally qualified health center, a home health
agency, the Indian Health Service, a pharmacy, and a rural health clinic.
new text end

new text begin (c) At the time of initial enrollment or reenrollment, durable medical equipment providers
or suppliers defined in paragraph (a) must purchase a surety bond of $50,000. If a revalidating
provider's medical assistance revenue in the previous calendar year is up to and including
$300,000, the provider agency must purchase a surety bond of $50,000. If a revalidating
provider's medical assistance revenue in the previous calendar year is over $300,000, the
provider agency must purchase a surety bond of $100,000. The surety bond must allow for
recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary
recovery or sanctions from a surety bond must occur within six years from the date the debt
is affirmed by a final agency decision. An agency decision is final when the right to appeal
the debt has been exhausted or the time to appeal has expired under section 256B.064.
new text end

new text begin Subd. 2. new text end

new text begin Providers licensed by the commissioner of human services. new text end

new text begin An enrolled
provider that is licensed by the commissioner under chapter 245A must designate an
individual as the licensee's compliance officer under section 256B.044, subdivision 8,
paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Providers licensed by the commissioner of health. new text end

new text begin An enrolled provider that
is licensed by the commissioner of health as a home care provider under chapter 144A with
a home and community-based services designation under section 144A.484 on the home
care license, or as an assisted living facility under chapter 144G, must designate an individual
as the licensee's compliance officer under section 256B.044, subdivision 8, paragraph (b).
new text end

Sec. 12.

Minnesota Statutes 2025 Supplement, section 256B.0759, subdivision 4, is
amended to read:

Subd. 4.

Provider payment rates.

(a) Payment rates for participating providers must
be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care. Providers that have enrolled in the demonstration project but have not met the provider
standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under
this subdivision until the date that the provider meets the provider standards in subdivision
3. Services provided from July 1, 2022, to the date that the provider meets the provider
standards under subdivision 3 shall be reimbursed at rates according to section 254B.0505,
subdivision 1. Rate increases paid under this subdivision to a provider for services provided
between July 1, 2021, and July 1, 2022, are not subject to recoupment when the provider
is taking meaningful steps to meet demonstration project requirements that are not otherwise
required by law, and the provider provides documentation to the commissioner, upon request,
of the steps being taken.

(b) The commissioner may temporarily suspend payments to the provider according to
section deleted text begin 256B.04, subdivision 21, paragraph (d)deleted text end new text begin 256B.0442, subdivision 1new text end , if the provider
does not meet the requirements in paragraph (a). Payments withheld from the provider must
be made once the commissioner determines that the requirements in paragraph (a) are met.

(c) For outpatient individual and group substance use disorder services under section
254B.0505, subdivision 1, clause (1), and adolescent treatment programs that are licensed
as outpatient treatment programs according to sections 245G.01 to 245G.18, provided on
or after January 1, 2021, payment rates must be increased by 20 percent over the rates in
effect on December 31, 2020.

(d) Effective January 1, 2021, and contingent on annual federal approval, managed care
plans and county-based purchasing plans must reimburse providers of the substance use
disorder services meeting the criteria described in paragraph (a) who are employed by or
under contract with the plan an amount that is at least equal to the fee-for-service base rate
payment for the substance use disorder services described in paragraph (c). The commissioner
must monitor the effect of this requirement on the rate of access to substance use disorder
services and residential substance use disorder rates. Capitation rates paid to managed care
organizations and county-based purchasing plans must reflect the impact of this requirement.
This paragraph expires if federal approval is not received at any time as required under this
paragraph.

(e) Effective July 1, 2021, contracts between managed care plans and county-based
purchasing plans and providers to whom paragraph (d) applies must allow recovery of
payments from those providers if, for any contract year, federal approval for the provisions
of paragraph (d) is not received, and capitation rates are adjusted as a result. Payment
recoveries must not exceed the amount equal to any decrease in rates that results from this
provision.

(f) For substance use disorder services with medications for opioid use disorder under
section 254B.0505, subdivision 1, clause (7), provided on or after January 1, 2021, payment
rates must be increased by 20 percent over the rates in effect on December 31, 2020. Upon
implementation of new rates according to section 254B.121, the 20 percent increase will
no longer apply.

Sec. 13.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, is
amended to read:

Subd. 16.

Agency duties.

(a) An agency delivering an EIDBI service under this section
must:

(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and deleted text begin section 256B.04, subdivision 21deleted text end new text begin sections 256B.044
to 256B.0445new text end , and meet all applicable provider standards and requirements;

(2) designate an individual as the agency's compliance officer who must perform the
duties described in section deleted text begin 256B.04, subdivision 21, paragraph (g)deleted text end new text begin 256B.044, subdivision
8, paragraph (b)new text end ;

(3) demonstrate compliance with federal and state laws for the delivery of and billing
for EIDBI service;

(4) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;

(5) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
program provider the agency did not have a lead agency contract or provider agreement
discontinued because of a conviction of fraud; or did not have an owner, board member, or
manager fail a state or federal criminal background check or appear on the list of excluded
individuals or entities maintained by the federal Department of Human Services Office of
Inspector General;

(6) have established business practices including written policies and procedures, internal
controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
services, appropriately submit claims, conduct required staff training, document staff
qualifications, document service activities, and document service quality;

(7) have an office located in Minnesota or a border state;

(8) initiate a background study as required under subdivision 16a;

(9) report maltreatment according to section 626.557 and chapter 260E;

(10) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;

(11) provide training for all agency staff on the requirements and responsibilities listed
in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
policy for all staff on how to report suspected abuse and neglect;

(12) have a written policy to resolve issues collaboratively with the person and the
person's legal representative when possible. The policy must include a timeline for when
the person and the person's legal representative will be notified about issues that arise in
the provision of services;

(13) provide the person's legal representative with prompt notification if the person is
injured while being served by the agency. An incident report must be completed by the
agency staff member in charge of the person. A copy of all incident and injury reports must
remain on file at the agency for at least five years from the report of the incident;

(14) before starting a service, provide the person or the person's legal representative a
description of the treatment modality that the person shall receive, including the staffing
certification levels and training of the staff who shall provide a treatment;

(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct
treatment per person, unless otherwise authorized in the person's individual treatment plan;
and

(16) provide required EIDBI intervention observation and direction at least once per
month. Notwithstanding subdivision 13, paragraph (l), required EIDBI intervention
observation and direction under this clause may be conducted via telehealth provided that
no more than two consecutive monthly required EIDBI intervention observation and direction
sessions under this clause are conducted via telehealth.

(b) Upon request of the commissioner, an agency delivering services under this section
must:

(1) identify the agency's controlling individuals, as defined under section 245A.02,
subdivision 5a;

(2) provide disclosures of the use of billing agencies and other consultants who do not
provide EIDBI services; and

(3) provide copies of any contracts with consultants or independent contractors who do
not provide EIDBI services, including hours contracted and responsibilities.

(c) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:

(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;

(2) documentation in the person's file the date that the person or the person's legal
representative received a copy and explanation of the person's or person's legal
representative's rights and the agency's responsibilities; and

(3) reasonable accommodations to provide the information in another format or language
as needed to facilitate understanding of the person's or person's legal representative's rights
and the agency's responsibilities.

Sec. 14.

Minnesota Statutes 2024, section 256B.0949, subdivision 17, is amended to read:

Subd. 17.

Provider shortage; authority for exceptions.

(a) In consultation with the
Early Intensive Developmental and Behavioral Intervention Advisory Council and
stakeholders, including agencies, professionals, parents of people with ASD or a related
condition, and advocacy organizations, the commissioner shall determine if a shortage of
EIDBI providers exists. For the purposes of this subdivision, "shortage of EIDBI providers"
means a lack of availability of providers who meet the EIDBI provider qualification
requirements under subdivision 15 that results in the delay of access to timely services under
this section, or that significantly impairs the ability of a provider agency to have sufficient
providers to meet the requirements of this section. The commissioner shall consider
geographic factors when determining the prevalence of a shortage. The commissioner may
determine that a shortage exists only in a specific region of the state, multiple regions of
the state, or statewide. The commissioner shall also consider the availability of various types
of treatment modalities covered under this section.

(b) The commissioner, in consultation with the Early Intensive Developmental and
Behavioral Intervention Advisory Council and stakeholders, must establish processes and
criteria for granting an exception under this paragraph. The commissioner may grant an
exception only if the exception would not compromise a person's safety and not diminish
the effectiveness of the treatment. The commissioner may establish an expiration date for
an exception granted under this paragraph. The commissioner may grant an exception for
the following:

(1) EIDBI provider qualifications under this section;

(2) medical assistance provider enrollment requirements under deleted text begin section 256B.04,
subdivision 21deleted text end new text begin sections 256B.044 to 256B.0445new text end ; or

(3) EIDBI provider or agency standards or requirements.

(c) If the commissioner, in consultation with the Early Intensive Developmental and
Behavioral Intervention Advisory Council and stakeholders, determines that a shortage no
longer exists, the commissioner must submit a notice that a shortage no longer exists to the
chairs and ranking minority members of the senate and the house of representatives
committees with jurisdiction over health and human services. The commissioner must post
the notice for public comment for 30 days. The commissioner shall consider public comments
before submitting to the legislature a request to end the shortage declaration. The
commissioner shall not declare the shortage of EIDBI providers ended without direction
from the legislature to declare it ended.

ARTICLE 5

AGING AND DISABILITY SERVICES POLICY

Section 1.

Minnesota Statutes 2024, section 245A.03, subdivision 7, is amended to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, which
does not include child foster residence settings with residential program certifications for
compliance with the Family First Prevention Services Act under section 245A.25, subdivision
1, paragraph (a), or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. If a child foster residence setting that
was previously exempt from the licensing moratorium under this paragraph has its Family
First Prevention Services Act certification rescinded under section 245A.25, subdivision 9,
or if a family adult foster care home license is issued during this moratorium, and the license
holder changes the license holder's primary residence away from the physical location of
the foster care license, the commissioner shall revoke the license according to section
245A.07. The commissioner shall not issue an initial license for a community residential
setting licensed under chapter 245D. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (h),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:

(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;

deleted text begin (2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end new foster care licenses or community residential setting licenses determined to
be needed by the commissioner under paragraph (b) for the closure of a nursing facility,
ICF/DD, or regional treatment center; restructuring of state-operated services that limits
the capacity of state-operated facilities; or allowing movement to the community for people
who no longer require the level of care provided in state-operated facilities as provided
under section 256B.092, subdivision 13, or 256B.49, subdivision 24;new text begin or
new text end

deleted text begin (4)deleted text end new text begin (3)new text end new foster care licenses or community residential setting licenses determined to
be needed by the commissioner under paragraph (b) for persons requiring hospital-level
caredeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (5) new community residential setting licenses determined necessary by the commissioner
for people affected by the closure of homes with a capacity of five or six beds currently
licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but
not designated as intermediate care facilities. This exception is available until June 30, 2025.
deleted text end

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) must be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information must be used to determine
where the reduced capacity determined under section 256B.493 will be implemented. The
commissioner shall consult with the stakeholders described in section 144A.351, and employ
a variety of methods to improve the state's capacity to meet the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the long-term
services and supports reports and statewide data and information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 2, is amended
to read:

Subd. 2.

Positive support professional qualifications.

A positive support professional
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:

(1) ethical considerations;

(2) functional assessment;

(3) functional analysis;

(4) measurement of behavior and interpretation of data;

(5) selecting intervention outcomes and strategies;

(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;

(7) data collection;

(8) staff and caregiver training;

(9) support plan monitoring;

(10) co-occurring mental disorders or neurocognitive disorder;

(11) demonstrated expertise with populations being served; and

(12) must be a:

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;

(ii) clinical social worker licensed as an independent clinical social worker under chapter
148E, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);

(iv) licensed professional clinical counselor licensed under sections deleted text begin 148B.29 to 148B.39deleted text end new text begin
148B.5301 and 148B.532new text end with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services who has demonstrated competencies in the areas identified
in clauses (1) to (11);

(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11);

(vi) person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
needs as outlined in the person's assessment summary;

(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services; or

(viii) person who has completed a competency-based training program as determined
by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 3, is amended
to read:

Subd. 3.

Positive support analyst qualifications.

(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must satisfy one of the following requirements as required under the
brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;

(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17;

(3) be a deleted text begin board-certifieddeleted text end new text begin licensed new text end behavior analyst or new text begin a new text end board-certified assistant behavior
analyst new text begin certified new text end by the Behavior Analyst Certification Board, Incorporated; or

(4) have completed a competency-based training program as determined by the
commissioner.

(b) In addition, a positive support analyst must:

(1) either have two years of supervised experience conducting functional behavior
assessments and designing, implementing, and evaluating effectiveness of positive practices
behavior support strategies for people who exhibit challenging behaviors as well as
co-occurring mental disorders and neurocognitive disorder, or for those who have obtained
a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
expertise in positive support services;

(2) have received training prior to hire or within 90 calendar days of hire that includes:

(i) ten hours of instruction in functional assessment and functional analysis;

(ii) 20 hours of instruction in the understanding of the function of behavior;

(iii) ten hours of instruction on design of positive practices behavior support strategies;

(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and

(v) eight hours of instruction on principles of person-centered thinking;

(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and

(4) be under the direct supervision of a positive support professional.

(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 256.9752, as amended by Laws 2025, First Special
Session chapter 9, article 1, sections 6 and 7, is amended to read:

256.9752 SENIOR NUTRITION PROGRAMS.

Subdivision 1.

Program goals.

It is the goal of all new text begin area new text end agencies on aging and senior
nutrition programs to support the physical and mental health of deleted text begin seniorsdeleted text end new text begin older adultsnew text end living
in the community by:

(1) promoting nutrition programs that serve deleted text begin senior citizensdeleted text end new text begin older adultsnew text end in their homes
and communities; deleted text begin and
deleted text end

(2) providing, within the limit of funds available, the support services that will enable
deleted text begin the senior citizendeleted text end new text begin each older adultnew text end to access nutrition programs in the most cost-effective
and efficient mannerdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) coordinating with health and long-term care systems, emergency preparedness
systems, and other systems and stakeholders that support the health and wellness of older
adults.
new text end

Subd. 1a.

Food delivery support account; appropriation.

(a) A food delivery support
account is established in the special revenue fund. The account consists of funds under
section 174.49, subdivision 2, and as provided by law and any other money donated, allotted,
transferred, or otherwise provided to the account.

(b) Money in the account is annually appropriated to the commissioner of human services
for grants to nonprofit organizations to provide transportation of home-delivered meals,
groceries, purchased food, or a combination, to Minnesotans who are experiencing food
insecurity and have difficulty obtaining or preparing meals due to limited mobility, disability,
age, or resources to prepare their own meals. A nonprofit organization must have a
demonstrated history of providing and distributing food customized for the population that
they serve.

(c) Grant funds under this subdivision must supplement, but not supplant, any state or
federal funding used to provide prepared meals to Minnesotans experiencing food insecurity.

Subd. 2.

Authority.

The Minnesota Board on Aging shall allocate to area agencies on
aging the statenew text begin nutrition support and food delivery support fundsnew text end andnew text begin thenew text end federal funds deleted text begin whichdeleted text end new text begin
thatnew text end are received for deleted text begin thedeleted text end senior nutrition programs deleted text begin of congregate dining and home-delivered
mealsdeleted text end in a manner consistent with the board's intrastate funding formula.

Subd. 3.

Nutrition support services.

(a) Funds allocated to an area agency on aging
for nutrition support services may be used for the followingnew text begin , as determined appropriate by
the area agency on aging to address the needs of older adults in the agency's planning and
service areanew text end :

(1) transportation of home-delivered meals and purchased food and medications to the
residence of deleted text begin a senior citizendeleted text end new text begin an older adultnew text end ;

(2) expansion of home-delivered meals into unserved and underserved areas;

(3) transportationnew text begin of older adultsnew text end to deleted text begin supermarketsdeleted text end new text begin grocery storesnew text end or delivery of groceries
deleted text begin from supermarketsdeleted text end to homesnew text begin of older adultsnew text end ;

(4) vouchers for food purchases at selected restaurants in isolated rural areas;

(5) the Supplemental Nutrition Assistance Program (SNAP) outreach;

(6) transportation of deleted text begin seniorsdeleted text end new text begin older adultsnew text end to congregate dining sites;

(7) nutrition screening assessments and counseling as needed by individuals with special
dietary needs, performed by a licensed dietitian or nutritionist;

new text begin (8) medically tailored meals;
new text end

deleted text begin (8)deleted text end new text begin (9)new text end other appropriate services deleted text begin whichdeleted text end new text begin and tools thatnew text end support senior nutrition programs,
including new service delivery modelsnew text begin and technologynew text end ; and

deleted text begin (9)deleted text end new text begin (10) development and implementation ofnew text end innovative models deleted text begin of providingdeleted text end new text begin to providenew text end
healthy and nutritious deleted text begin meals to seniorsdeleted text end new text begin food to older adultsnew text end , including through partnerships
with schools, restaurants, new text begin hospitals, food shelves and food pantries, farmers, new text end and other
community partners.

(b) An area agency on aging may transfer unused funding for nutrition support services
to fund congregate dining services and home-delivered meals.

(c) State funds under this subdivision are subject to federal requirements in accordance
with the Minnesota Board on Aging's intrastate funding formula.

Sec. 5.

Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 77. new text end

new text begin Early intensive developmental and behavioral intervention benefit. new text end

new text begin Medical
assistance covers early intensive developmental and behavioral intervention services
according to section 256B.0949.
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.

Minnesota Statutes 2025 Supplement, section 256B.0911, subdivision 13, is
amended to read:

Subd. 13.

MnCHOICES assessor qualifications, training, and certification.

(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.

(b) MnCHOICES certified assessors must have received training and certification specific
to assessment and consultation for long-term care services in the state and either:

(1) have at least an associate's degree in human services, or other closely related field;

(2) have at least an associate's degree in nursing with a public health nursing certificate,
or other closely related field; or

(3) be a registered nurse.

(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.

(d) Certified assessors must be recertified every three years.

new text begin (e) A Tribal Nation may establish the Tribal Nation's own education and experience
qualifications for certified assessors.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 7.

Minnesota Statutes 2024, section 256B.0911, subdivision 32, is amended to read:

Subd. 32.

Administrative activity.

(a) The commissioner shall:

(1) streamline the processes, including timelines for when assessments need to be
completed;

(2) provide the services in this section; and

(3) implement integrated solutions to automate the business processes to the extent
necessary for support plan approval, reimbursement, program planning, evaluation, and
policy development.

(b) The commissioner shall work with lead agencies responsible for conducting long-term
care consultation services todeleted text begin :
deleted text end

deleted text begin (1)deleted text end modify the MnCHOICES application and assessment policies to create efficiencies
while ensuring federal compliance with medical assistance and long-term services and
supports eligibility criteriadeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) develop a set of measurable benchmarks sufficient to demonstrate quarterly
improvement in the average time per assessment and other mutually agreed upon measures
of increasing efficiency.
deleted text end

deleted text begin (c) The commissioner shall collect data on the benchmarks developed under paragraph
(b) and provide to the lead agencies an annual trend analysis of the data in order to
demonstrate the commissioner's compliance with the requirements of this subdivision.
deleted 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. 8.

Minnesota Statutes 2024, section 256B.0924, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

Persons are eligible to receive targeted case management services
under this section if the requirements in paragraphs (a) and (b) are met.

(a) The person must be assessed and determined by the local county new text begin or Tribal new text end agency
to:

(1) be age 18 or older;

(2) be receiving medical assistance;

(3) have significant functional limitations; and

(4) be in need of service coordination to attain or maintain living in an integrated
community setting.

(b) new text begin Except as permitted under paragraph (c), new text end the person must benew text begin : (1)new text end a vulnerable adult
in need of adult protection as defined in section 626.5572deleted text begin , or isdeleted text end new text begin ; (2)new text end an adult with a
developmental disability as defined in section 252A.02, subdivision 2deleted text begin , ordeleted text end new text begin ; (3) an adult withnew text end
a related condition as defined in section 256B.02, subdivision 11, deleted text begin anddeleted text end new text begin whonew text end is not receiving
home and community-based waiver servicesdeleted text begin ,deleted text end new text begin ;new text end or deleted text begin isdeleted text end new text begin (4)new text end an adult who lacks a permanent
residence and who has been without a permanent residence for at least one year or on at
least four occasions in the last three years.

new text begin (c) Tribal agencies may make a determination of eligibility under Tribal governance
codes for adult protection or policy procedures consistent with section 626.5572 when
determining whether a person is a vulnerable adult in need of adult protection or an adult
with developmental disabilities or a related condition.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 9.

Minnesota Statutes 2024, section 256B.0924, subdivision 5, is amended to read:

Subd. 5.

Provider standards.

County boards deleted text begin ordeleted text end new text begin ,new text end providers who contract with the countynew text begin ,
or Tribal government contracted providersnew text end are eligible to receive medical assistance
reimbursement for adult targeted case management services. To qualify as a provider of
targeted case management services the vendor must:

(1) have demonstrated the capacity and experience to provide the activities of case
management services defined in subdivision 4;

(2) be able to coordinate and link community resources needed by the recipient;

(3) have the administrative capacity and experience to serve the eligible population in
providing services and to ensure quality of services under state and federal requirements;

(4) have a financial management system that provides accurate documentation of services
and costs under state and federal requirements;

(5) have the capacity to document and maintain individual case records complying with
state and federal requirements;

(6) coordinate with county social deleted text begin servicedeleted text end new text begin services or Tribal human servicesnew text end agencies
responsible for planning for community social services under chapters 256E and 256F;
conducting adult protective investigations under section 626.557, and conducting prepetition
screenings for commitments under section 253B.07;

(7) coordinate with health care providers to ensure access to necessary health care
services;

(8) have a procedure in place that notifies the recipient and the recipient's legal
representative of any conflict of interest if the contracted targeted case management service
provider also provides the recipient's services and supports and provides information on all
potential conflicts of interest and obtains the recipient's informed consent and provides the
recipient with alternatives; and

(9) have demonstrated the capacity to achieve the following performance outcomes:
access, quality, and consumer satisfaction.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 10.

Minnesota Statutes 2024, section 256B.0924, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Tribal case manager qualifications. new text end

new text begin An individual is authorized to serve as
a vulnerable adult and developmental disability targeted case manager if the individual is
certified by a federally recognized Tribal government in Minnesota pursuant to section
256B.02, subdivision 7, paragraph (c).
new text end

Sec. 11.

Minnesota Statutes 2025 Supplement, section 256B.0924, subdivision 6, is
amended to read:

Subd. 6.

Payment for targeted case management.

(a) Medical assistance and
MinnesotaCare payment for targeted case management shall be made on a monthly basis.
In order to receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a face-to-face contact
either in person or by interactive video that meets the requirements in section 256B.0625,
subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
or other relevant persons identified as necessary to the development or implementation of
the goals of the personal service plan.

(b) Except as provided under paragraph (m), payment for targeted case management
provided by county staff under this subdivision shall be based on the monthly rate
methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
combined average rate together with adult mental health case management under section
256B.0625, subdivision 20deleted text begin , except for calendar year 2002deleted text end . deleted text begin In calendar year 2002, the rate
for case management under this section shall be the same as the rate for adult mental health
case management in effect as of December 31, 2001.deleted text end Billing and payment must identify the
recipient's primary population group to allow tracking of revenues.

(c) Payment for targeted case management provided by county-contracted vendors shall
be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
new text begin Payment for case management provided by vendors who contract with a Tribe must be made
in accordance with Indian Health Service facility requirements. If a Tribe chooses to contract
with a vendor receiving payment not through an Indian Health Service facility, the rate must
be based on a monthly rate negotiated by the Tribe. new text end The rate must not exceed the rate charged
by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among its members.
No reimbursement received by contracted vendors shall be returned to the countynew text begin or Tribenew text end ,
except to reimburse the county new text begin or Tribe new text end for advance funding provided by the county new text begin or
Tribe new text end to the vendor.

(d) If the service is provided by a team that includes new text begin any combination of new text end contracted
vendors deleted text begin anddeleted text end new text begin ,new text end county new text begin staff, and Tribal new text end staff, the costs for county staff participation on the
team shall be included in the rate for county-provided services. In this case, the contracted
vendor and the countynew text begin and Tribal case managersnew text end may each receive separate payment for
services provided by each entity in the same month. In order to prevent duplication of
services, deleted text begin the countydeleted text end new text begin each entitynew text end must documentdeleted text begin , in the recipient's file,deleted text end the need for team
targeted case management and a description of the different roles of deleted text begin the team membersdeleted text end new text begin staffnew text end .

(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
targeted case management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
used to match other federal funds.new text begin If the service is provided by a Tribal agency, the recipient's
Tribe must provide the nonfederal share of costs, if any.
new text end

(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
that does not meet the reporting or other requirements of this section. The county of
responsibility, as defined in sections 256G.01 to 256G.12, new text begin or Tribe when applicable, new text end is
responsible for any federal disallowances. The county may share this responsibility with
its contracted vendors.

(g) The commissioner shall set aside five percent of the federal funds received under
this section for use in reimbursing the state for costs of developing and implementing this
section.

(h) Payments to counties new text begin and Tribes new text end for targeted case management expenditures under
this section shall only be made from federal earnings from services provided under this
section. Payments to contracted vendors shall include both the federal earnings and the
county share.

(i) Notwithstanding section 256B.041, county new text begin or Tribal new text end payments for the cost of case
management services provided by county new text begin or Tribal new text end staff shall not be made to the
commissioner of management and budget. For the purposes of targeted case management
services provided by county new text begin or Tribal new text end staff under this section, the centralized disbursement
of payments to counties new text begin or Tribes new text end under section 256B.041 consists only of federal earnings
from services provided under this section.

(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
and the recipient's institutional care is paid by medical assistance, payment for targeted case
management services under this subdivision is limited to the lesser of:

(1) the last 180 days of the recipient's residency in that facility; or

(2) the limits and conditions which apply to federal Medicaid funding for this service.

(k) Payment for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.

(l) Any growth in targeted case management services and cost increases under this
section shall be the responsibility of the countiesnew text begin or Tribesnew text end .

(m) The commissioner may make payments for Tribes according to section 256B.0625,
subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
adult and developmental disability targeted case management provided by Indian health
services and facilities operated by a Tribe or Tribal organization.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 12.

Minnesota Statutes 2024, section 256B.0924, subdivision 7, is amended to read:

Subd. 7.

Implementation and evaluation.

The commissioner of human services in
consultation with county boards new text begin and Tribal Nations new text end shall establish a program to accomplish
the provisions of subdivisions 1 to 6. The commissioner in consultation with county boards
new text begin and Tribal Nations new text end shall establish performance measures to evaluate the effectiveness of
the targeted case management services. If a county new text begin or Tribe new text end fails to meet agreed-upon
performance measures, the commissioner may authorize contracted providers other than
the countynew text begin or Tribenew text end . Providers contracted by the commissioner shall also be subject to the
standards in subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

(a) The terms used in this section have the meanings given in this
subdivision.

(b) "Advanced certification" means a person who has completed advanced certification
in an approved modality under subdivision 13, paragraph (b).

(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees carry out
the responsibilities defined in this section. Agency includes a licensed individual professional
who practices independently and acts as an agency.

(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:

(1) is severe and chronic;

(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;

(3) requires treatment or services similar to those required for a person with ASD; and

(4) results in substantial functional limitations in three core developmental deficits of
ASD: social or interpersonal interaction; functional communication, including nonverbal
or social communication; and restrictive or repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:

(i) behavioral challenges and self-regulation;

(ii) cognition;

(iii) learning and play;

(iv) self-care; or

(v) safety.

(e) "Behavior analyst" means an individual licensed under sections 148.9981 to 148.9995
as a behavior analyst.

(f) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including deleted text begin individual treatment planning,deleted text end staff supervision,new text begin
including observation and direction;new text end individual treatment plannew text begin development andnew text end progress
monitoringdeleted text begin ,deleted text end new text begin ; family training and counseling;new text end and deleted text begin treatment reviewdeleted text end new text begin coordinated care
conference coordinationnew text end for each person. Clinical supervision is provided by a qualified
supervising professional (QSP) who takes full professional responsibility for the service
provided by each supervisee and the clinical effectiveness of all interventions.

(g) "Commissioner" means the commissioner of human services, unless otherwise
specified.

(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.

(i) "Department" means the Department of Human Services, unless otherwise specified.

(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved and
published by the commissioner that are based in behavioral and developmental science
consistent with best practices on effectiveness.

(k) "Employee of an agency" or "employee" means any individual who is employed
temporarily, part time, or full time by the agency that is submitting claims or billing for the
work, services, supervision, or treatment performed by the individual. Employee does not
include an independent contractor, billing agency, or consultant who is not providing EIDBI
services. Employee does not include an individual who performs work, provides services,
supervises, or provides treatment for less than 80 hours in a 12-month period.

(l) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments including, but not limited to, clinics, homes,
schools, and the community.

(m) "Incident" means when any of the following occur:

(1) an illness, accident, or injury that requires first aid treatment;

(2) a bump or blow to the head; or

(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.

(n) "Individual treatment plan" or "ITP" means the person-centered, individualized
written plan of care that integrates and coordinates person and family information from the
CMDE for a person who meets medical necessity for the EIDBI benefit. An individual
treatment plan must meet the standards in subdivision 6.

(o) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.

(p) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(q) "Person" means an individual under 21 years of age.

(r) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.

(s) "Qualified EIDBI provider" means an individual who is a QSP or a level I, level II,
or level III treatment provider.

Sec. 14.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, is
amended to read:

Subd. 16.

Agency duties.

(a) An agency delivering an EIDBI service under this section
must:

(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
applicable provider standards and requirements;

(2) designate an individual as the agency's compliance officer who must perform the
duties described in section 256B.04, subdivision 21, paragraph (g);

(3) demonstrate compliance with federal and state laws for the delivery of and billing
for EIDBI service;

(4) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;

(7) have an office located in Minnesota or a border state;

(8) initiate a background study as required under subdivision 16a;

(9) report maltreatment according to section 626.557 and chapter 260E;

(10) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;

(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct
treatment per person, unless otherwise authorized in the person's individual treatment plan;
and

(16) provide new text begin the new text end required EIDBI intervention observation and direction new text begin by a QSP new text end at least
once per month. Notwithstanding subdivision 13, paragraph (l), required EIDBI intervention
observation and direction under this clause may be conducted via telehealth provided that
no more than two consecutive monthly required EIDBI intervention observation and direction
sessions under this clause are conducted via telehealth.

(b) Upon request of the commissioner, an agency delivering services under this section
must:

(1) identify the agency's controlling individuals, as defined under section 245A.02,
subdivision 5a;

(2) provide disclosures of the use of billing agencies and other consultants who do not
provide EIDBI services; and

(3) provide copies of any contracts with consultants or independent contractors who do
not provide EIDBI services, including hours contracted and responsibilities.

(c) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:

(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;

Sec. 15.

Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 18, is
amended to read:

Subd. 18.

Site visits and sanctions.

(a) The commissioner may conduct unannounced
on-site inspections of any and all EIDBI agencies and service locations to verify that
information submitted to the commissioner is accurate, determine compliance with all
enrollment requirements, investigate reports of maltreatment, determine compliance with
service delivery and billing requirements, and determine compliance with any other applicable
laws or rules.

(b) The commissioner may withhold payment from an agency or suspend or terminate
the agency's enrollment number if the agency fails to provide access to the agency's service
locations or recordsnew text begin or fails to comply with documentation requirements under subdivision
19new text end or the commissioner determines the agency has failed to comply fully with applicable
laws or rules. The provider has the right to appeal the decision of the commissioner under
section 256B.064.

Sec. 16.

Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
to read:

new text begin Subd. 19. new text end

new text begin Documentation requirements. new text end

new text begin (a) CMDE and EIDBI providers must ensure
that all documentation, including but not limited to health service records and personnel
files, complies with this subdivision, subdivision 16, and Minnesota Rules, parts 9505.2175
and 9505.2197. Documentation must be complete, legible, accurate, and readily accessible.
new text end

new text begin (b) All documentation must:
new text end

new text begin (1) be legible and understandable to individuals outside service delivery;
new text end

new text begin (2) include the participant's name on each health record page and the provider's name
on each personnel file page;
new text end

new text begin (3) be signed and dated by the provider completing the documentation with the provider's
full name, title, and credentials;
new text end

new text begin (4) be entered within 72 hours of service and contain a record and explanation of any
delays in entry;
new text end

new text begin (5) clearly reflect clinical decision-making and support medical necessity;
new text end

new text begin (6) be securely stored in accordance with the Health Insurance Portability and
Accountability Act (HIPAA), Public Law 104-191;
new text end

new text begin (7) be stored in accordance with state and federal document retention laws;
new text end

new text begin (8) be available for review or audit;
new text end

new text begin (9) include a record of caregiver involvement where applicable; and
new text end

new text begin (10) include a record of supervision and oversight for staff providing services requiring
supervision under EIDBI policy.
new text end

new text begin (c) Each EIDBI service occurrence must be documented in a progress note in a manner
and with the information determined by the commissioner.
new text end

new text begin (d) All providers must maintain current personnel records for each employee in a manner
determined by the commissioner that include:
new text end

new text begin (1) the employee's name, contact information, and hire date;
new text end

new text begin (2) the employee's completed employment application and acknowledgment of duties;
new text end

new text begin (3) the job description for the employee's job with the effective date;
new text end

new text begin (4) verification of the employee's qualifications, including but not limited to education,
licenses, certifications, enrollment attestation, degrees, transcripts, and experience;
new text end

new text begin (5) a background study pursuant to chapter 245C with a notice from the commissioner
that the subject of the study is:
new text end

new text begin (i) not disqualified under section 245C.14; or
new text end

new text begin (ii) disqualified but the subject of the study has received a set-aside of the disqualification
under section 245C.22;
new text end

new text begin (6) orientation and required training the employee attended, including but not limited
to training on mandated reporting, cultural responsiveness, and EIDBI competencies;
new text end

new text begin (7) the dates of the employee's first supervised and unsupervised client contact following
employment;
new text end

new text begin (8) documentation of supervision received by the employee, including but not limited
to the supervisor's name and credentials, dates of supervision, supervision content, and the
employee's signature indicating the accuracy of the documented supervision;
new text end

new text begin (9) the employee's CPR and emergency response training, if required; and
new text end

new text begin (10) the employee's annual performance evaluations.
new text end

new text begin (e) If an incident occurs or the person is injured while receiving services, the provider
must document what occurred and how staff responded to the incident.
new text end

Sec. 17.

Minnesota Statutes 2024, section 256B.4905, subdivision 2a, is amended to read:

Subd. 2a.

Informed choice policy.

(a) It is the policy of this state that all adults who
have disabilities and, with support from their families or legal representatives, that all
children who have disabilities:

(1) may make informed choices to select and utilize disability services and supports;
and

(2) are offered an informed decision-making process sufficient to make informed choices.

(b) It is the policy of this state that disability waivers services support the presumption
that adults who have disabilities and, with support from their families or legal representatives,
all children who have disabilities may make informed choices; and that all adults who have
disabilities and all families of children who have disabilities and are accessing waiver
services under sections 256B.092 and 256B.49 are provided an informed decision-making
process that satisfies the requirements of subdivision 3a.

new text begin (c) Lead agencies must support individuals in making informed choices by:
new text end

new text begin (1) providing complete and accurate information about available home and
community-based services and settings;
new text end

new text begin (2) providing the information in a manner that is culturally and linguistically appropriate;
and
new text end

new text begin (3) facilitating access to services that reflect the individual's preferences and assessed
needs.
new text end

new text begin (d) For individuals who are members of or affiliated with a federally recognized Tribal
Nation located within Minnesota, informed choice includes the right to receive services
administered or provided by the individual's Tribal Nation. Lead agencies must:
new text end

new text begin (1) inform individuals of services offered by Tribal Nations enrolled as Minnesota health
care providers;
new text end

new text begin (2) directly coordinate with the individual's Tribal Nation human services agency when
the individual seeks or may be eligible for services administered or provided by that Tribal
Nation; and
new text end

new text begin (3) ensure that service planning and delivery respects the individual's rights as both a
member of a sovereign Tribal Nation and a resident of Minnesota.
new text end

new text begin (e) County lead agencies and Tribal Nation human services agencies must establish and
maintain procedures to share updated contact information, coordinate case management,
and provide timely referrals necessary to ensure that informed choice is fully exercised.
new text end

new text begin (f) Nothing in this section limits the sovereignty of Tribal Nations or the authority of
Tribal governments to administer home and community-based services to their members.
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. 18.

Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 8, is
amended to read:

Subd. 8.

Unit-based services with programming; component values and calculation
of payment rates.

(a) For the purpose of this section, unit-based services with programming
include employment exploration services, employment development services, employment
support services, individualized home supports with family training, individualized home
supports with training, and positive support services provided to an individual outside of
any service plan for a day program or residential support service.

(b) Component values for unit-based services with programming are:

(1) competitive workforce factor: 6.7 percent;

(2) supervisory span of control ratio: 11 percent;

(3) employee vacation, sick, and training allowance ratio: 8.71 percent;

(4) employee-related cost ratio: 23.6 percent;

(5) program plan support ratio: 15.5 percent;

(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
5b;

(7) general administrative support ratio: 13.25 percent;

(8) program-related expense ratio: 6.1 percent; and

(9) absence and utilization factor ratio: 3.9 percent.

(d) Payments for unit-based services with programming must be calculated as follows,
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:

(1) determine the number of units of service to meet a recipient's needs;

(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;

(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;

(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);

(5) multiply the number of direct staffing hours by the appropriate staff wage;

(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);

(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;

(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;

(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;

(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;

(11) this is the subtotal rate;

(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;

(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;

(14) for services provided in a shared manner, divide the total payment in clause (13)
as follows:

(i) for employment exploration services, divide by the number of service recipients, not
to exceed five;

(ii) for employment support services, divide by the number of service recipients, not to
exceed six;

(iii) for individualized home supports with training and individualized home supports
with family training, divide by the number of service recipients, not to exceed three; and

(iv) for night supervision, divide by the number of service recipients, not to exceed two;
and

(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.

(e) Effective January 1, deleted text begin 2026deleted text end new text begin 2027new text end , or upon federal approval, whichever is later, a
provider must not bill more than deleted text begin three consecutive hours and not more than six total hours
per daydeleted text end new text begin the monthly unit of service limit determined by multiplying 24 units by the total
number of days in each monthnew text end for individualized home supports with training andnew text begin not more
than six total hours per day fornew text end individualized home supports with family training. deleted text begin This
daily limit doesdeleted text end new text begin These limits donew text end notnew text begin :
new text end

new text begin (1)new text end limit a person's use of other disability waiver services, including individualized home
supports, which may be provided on the same day by the same provider providing
individualized home supports with training or individualized home supports with family
trainingdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) apply to individuals who meet the residential support services criteria under sections
256B.092, subdivision 11a, and 256B.49, subdivision 29.
new text end

Sec. 19.

Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 10a, is
amended to read:

Subd. 10a.

Reporting and analysis of cost data.

(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with community partners
identified in subdivision 17, a provider enrolled to provide services with rates determined
under this section must submit requested cost data to the commissioner to support research
on the cost of providing services that have rates determined by the disability waiver rates
system. Requested cost data may include, but is not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. new text begin The
commissioner may review report submissions for inaccurate, inconclusive, incomplete, or
otherwise deficient data and may remove the report from submitted status for further
verification. new text end If a provider fails to submit required reporting data, the commissioner shall
provide notice to providers that have not provided required data 30 days after the required
submission date, and a second notice for providers who have not provided required data 60
days after the required submission date. The commissioner shall temporarily suspend
payments to the provider if cost data is not received 90 days after the required submission
date. Withheld payments shall be made once data is received new text begin and reviewed for compliance
new text end by the commissioner.

(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy.new text begin Providers selected to validate cost reports must
respond to the commissioner within 30 days with the requested financial documentation. If
a provider fails to respond to the commissioner with all the requested information within
30 days, the commissioner must temporarily suspend payments. The commissioner must
resume payments once the requested documentation is received. If a provider is unable to
validate the provider's costs with supporting documentation, the commissioner must require
the provider to participate in the random validation the next year that the commissioner
selects providers to report their costs.new text end The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.

(d) The commissioner shall analyze cost data submitted under paragraph (a). The
commissioner shall release cost data in an aggregate form. Cost data from individual
providers must not be released except as provided for in current law.

(e) Beginning January 1, 2029, the commissioner shall use data collected in paragraph
(a) to determine the compliance with requirements identified under subdivision 10d. The
commissioner shall identify providers who have not met the thresholds identified under
subdivision 10d on the Department of Human Services website for the year for which the
providers reported their costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 20.

Minnesota Statutes 2024, section 256B.851, subdivision 8, is amended to read:

Subd. 8.

Personal care provider agency; required reporting of cost data; training.

(a)
As determined by the commissioner and in consultation with stakeholders, agencies enrolled
to provide services with rates determined under this section must submit requested cost data
to the commissioner. The commissioner may request cost data, including but not limited
to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) staff vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any three-year period, a provider must submit the required cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner must provide each provider a 90-day notice prior to its submission due date.
new text begin The commissioner may review report submissions for inaccurate, inconclusive, incomplete,
or otherwise deficient data and may remove the report from submitted status for further
verification. new text end If a provider fails to submit required cost data, the commissioner must provide
notice to a provider that has not provided required cost data 30 days after the required
submission date and a second notice to a provider that has not provided required cost data
60 days after the required submission date. The commissioner must temporarily suspend
payments to a provider if the commissioner has not received required cost data 90 days after
the required submission date. The commissioner must make withheld payments when the
required cost data is received new text begin and reviewed for compliance new text end by the commissioner.

(c) The commissioner must conduct a random validation of data submitted under this
subdivision to ensure data accuracy. new text begin A provider selected to validate the provider's cost
reports must respond to the commissioner within 30 days with the requested financial
documentation. If a provider fails to respond to the commissioner with the requested
information within 30 days, the commissioner must temporarily suspend payments. The
commissioner must resume payments once the requested documentation is received. If a
provider is unable to validate the provider's costs with supporting documentation, the
commissioner must require the provider to participate in the random validation the next
year that the commissioner selects providers to report their costs. new text end The commissioner shall
analyze cost documentation in paragraph (a) and provide recommendations for adjustments
to cost components.

(d) The commissioner, in consultation with stakeholders, must develop and implement
a process for providing training and technical assistance necessary to support provider
submission of cost data required under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 21.

Minnesota Statutes 2024, section 256S.21, subdivision 3, is amended to read:

Subd. 3.

Cost reporting.

(a) As determined by the commissioner, in consultation with
stakeholders, a provider enrolled to provide services with rates determined under this chapter
must submit requested cost data to the commissioner to support evaluation of the rate
methodologies in this chapter. Requested cost data may include but are not limited to:

(1) worker wage costs;

(2) benefits paid;

(3) supervisor wage costs;

(4) executive wage costs;

(5) vacation, sick, and training time paid;

(6) taxes, workers' compensation, and unemployment insurance costs paid;

(7) administrative costs paid;

(8) program costs paid;

(9) transportation costs paid;

(10) vacancy rates; and

(11) other data relating to costs required to provide services requested by the
commissioner.

(b) At least once in any five-year period, a provider must submit new text begin the required new text end cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide each provider a 90-day notice prior to the provider's
submission due date. new text begin The commissioner may review report submissions for inaccurate,
inconclusive, incomplete, or otherwise deficient data and may remove the report from
submitted status for further verification. new text end If by 30 days after the required submission date a
provider fails to submit required reporting data, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide notice
to the providerdeleted text begin , anddeleted text end new text begin .new text end If by 60 days after the required submission date a provider has not
provided the required data, the commissioner deleted text begin shalldeleted text end new text begin must new text end provide a second notice. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end temporarily suspend payments to deleted text begin thedeleted text end new text begin anew text end provider if new text begin the commissioner
has not received the required new text end cost data deleted text begin is not receiveddeleted text end 90 days after the required submission
datenew text begin or 90 days after the department requests updated datanew text end . new text begin The commissioner must make
new text end withheld payments deleted text begin must be made once data is receiveddeleted text end new text begin when the required cost data is
received and reviewed for compliancenew text end by the commissioner.

(c) The commissioner shall coordinate the cost reporting activities required under this
section with the cost reporting activities directed under section 256B.4914, subdivision 10a.

(d) The commissioner shall analyze cost documentation in paragraph (a) and, in
consultation with stakeholders, may submit recommendations on rate methodologies in this
chapter, including ways to monitor and enforce the spending requirements directed in section
deleted text begin 256S.2101, subdivision 3,deleted text end new text begin 256S.211, subdivision 4,new text end through the reports directed by
subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 22.

Laws 2024, chapter 125, article 1, section 47, is amended to read:

Sec. 47. DIRECTION TO COMMISSIONER; PEDIATRIC HOSPITAL-TO-HOME
TRANSITION PILOT PROGRAM.

(a) The commissioner of human services must award a single competitive grant to a
home care nursing provider to develop and implement, in coordination with the commissioner
of health, Fairview Masonic Children's Hospital, Gillette Children's Specialty Healthcare,
and Children's Minnesota of St. Paul and Minneapolis, a pilot program to expedite and
facilitate pediatric hospital-to-home discharges for patients receiving services in this state
under medical assistance, including under the community alternative care waiver, community
access for disability inclusion waiver, and developmental disabilities waiver.

(b) Grant money awarded under this section must be used only to support the
administrative, training, and auxiliary services necessary to reduce:

(1) delayed discharge days due to unavailability of home care nursing staffing to
accommodate complex pediatric patients;

(2) avoidable rehospitalization days for pediatric patients;

(3) unnecessary emergency department utilization by pediatric patients following
discharge;

(4) long-term nursing needs for pediatric patients; and

(5) the number of school days missed by pediatric patients.

(d) No later than December 15, deleted text begin 2026deleted text end new text begin 2027new text end , the commissioner must prepare a report
summarizing the impact of the pilot program that includes but is not limited to: (1) the
number of delayed discharge days eliminated; (2) the number of rehospitalization days
eliminated; (3) the number of unnecessary emergency department admissions eliminated;
(4) the number of missed school days eliminated; and (5) an estimate of the return on
investment of the pilot program.

(e) The commissioner must submit the report under paragraph (d) to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services finance and policy.

Sec. 23. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12,
14, 15, and 16, new text end new text begin are repealed.
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

ARTICLE 6

BEHAVIORAL HEALTH POLICY

Section 1.

Minnesota Statutes 2025 Supplement, section 245.469, subdivision 1, is amended
to read:

Subdivision 1.

Availability of emergency services.

(a) County boards must provide or
contract for enough emergency services within the county to meet the needs of adults,
children, and families in the county who are experiencing an emotional crisis or mental
illness. Clients must not be charged for services provided. Emergency service providers
mustnew text begin not delay or deny the timely provision of emergency services to a client due to payor
source for services and mustnew text end meet the qualifications under section 256B.0624, subdivision
4. Emergency services must include assessment, crisis intervention, and appropriate case
disposition. Emergency services must:

(1) promote the safety and emotional stability of each client;

(2) minimize further deterioration of each client;

(3) help each client to obtain ongoing care and treatment;

(4) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet client needs; and

(5) provide support, psychoeducation, and referrals to each client's family members,
service providers, and other third parties on behalf of the client in need of emergency
services.

(b) If a county provides engagement services under section 253B.041, the county's
emergency service providers must refer clients to engagement services when the client
meets the criteria for engagement services.

Sec. 2.

Minnesota Statutes 2024, section 245F.02, subdivision 17, is amended to read:

Subd. 17.

Peer recovery support services.

"Peer recovery support services" means
services provided according to section deleted text begin 245F.08, subdivision 3deleted text end new text begin 254B.052new text end .

Sec. 3.

Minnesota Statutes 2025 Supplement, section 245F.08, subdivision 3, is amended
to read:

Subd. 3.

Peer recovery support services.

Peer recovery support services must meet the
requirements in section deleted text begin 245G.07, subdivision 2a, paragraph (b), clause (2)deleted text end new text begin 254B.052new text end , and
must be provided by a person who is qualified according to the requirements in section
deleted text begin 245F.15, subdivision 7deleted text end new text begin 245I.04, subdivisions 18 and 19new text end .

Sec. 4.

Minnesota Statutes 2024, section 245F.15, subdivision 7, is amended to read:

Subd. 7.

Recovery peer qualifications.

Recovery peers must:

(1) meet the qualifications in section 245I.04, subdivision 18; and

(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19deleted text begin , under the supervision of an alcohol and drug counselordeleted text end .

Sec. 5.

Minnesota Statutes 2024, section 245G.04, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Tobacco educational material. new text end

new text begin A license holder must provide tobacco and
nicotine educational material to a client on the day of service initiation. The license holder
must use educational material approved by the commissioner that contains information on:
new text end

new text begin (1) risks associated with use of tobacco or nicotine products;
new text end

new text begin (2) types of tobacco or nicotine products, including differentiating between commercial
versus traditional or sacred tobacco;
new text end

new text begin (3) treatment options, including the use of medication for tobacco use disorder; and
new text end

new text begin (4) benefits of receiving treatment for tobacco or nicotine use while attending substance
use disorder treatment for another primary substance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 6.

Minnesota Statutes 2024, section 245G.06, subdivision 4, is amended to read:

Subd. 4.

Service discharge summary.

(a) An alcohol and drug counselor must write a
service discharge summary for each client. The service discharge summary must be
completed within five days of the client's service terminationnew text begin , excluding weekends and
holidaysnew text end . A copy of the client's service discharge summary must be provided to the client
upon the client's request.

(b) The service discharge summary must be recorded in the six dimensions listed in
section 254B.04, subdivision 4, and include the following information:

(1) the client's issues, strengths, and needs while participating in treatment, including
services provided;

(2) the client's progress toward achieving each goal identified in the individual treatment
plan;

(3) a risk rating and description for each of the ASAM six dimensions;

(4) the reasons for and circumstances of service termination. If a program discharges a
client at staff request, the reason for discharge and the procedure followed for the decision
to discharge must be documented and comply with the requirements in section 245G.14,
subdivision 3, clause (3);

(5) the client's living arrangements at service termination;

(6) continuing care recommendations, including transitions between more or less intense
services, or more frequent to less frequent services, and referrals made with specific attention
to continuity of care for mental health, as needed; and

(7) service termination diagnosis.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 245G.09, subdivision 3, is amended
to read:

Subd. 3.

Contents.

(a) Client records must contain the following:

(1) documentation that the client was given:

(i) information on client rights and responsibilities and grievance procedures on the day
of service initiation;

(ii) information on tuberculosis and HIV within 72 hours of service initiation;

(iii) an orientation to the program abuse prevention plan required under section 245A.65,
subdivision 2, paragraph (a), clause (4), within 24 hours of admission or, for clients who
would benefit from a later orientation, 72 hours; and

(iv) opioid educational material according to section 245G.04, subdivision 3, new text begin and tobacco
educational material according to section 245G.04, subdivision 4, new text end on the day of service
initiation;

(2) an initial services plan completed according to section 245G.04;

(3) a comprehensive assessment completed according to section 245G.05;

(4) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
and 626.557, subdivision 14, when applicable;

(5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a;

(6) documentation of treatment services, significant events, appointments, concerns, and
treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and

(7) a summary at the time of service termination according to section 245G.06,
subdivision 4.

(b) For a client that transfers to another of the license holder's licensed treatment locations,
the license holder is not required to complete new documents or orientation for the client,
except that the client must receive an orientation to the new location's grievance procedure,
program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting
procedures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 8.

Minnesota Statutes 2025 Supplement, section 245G.11, subdivision 7, is amended
to read:

Subd. 7.

Treatment coordination provider qualifications.

(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:

(1) is skilled in the process of identifying and assessing a wide range of client needs;

(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;

(3) has completed 15 hours of education or training on substance use disorder,
co-occurring conditions, and care coordination for individuals with substance use disorder
or co-occurring conditions that is consistent with national evidence-based standards;

(4) meets one of the following criteria:

deleted text begin (i) has a bachelor's degree in one of the behavioral sciences or related fields;
deleted text end

deleted text begin (ii)deleted text end new text begin (i)new text end has a high school diploma or equivalent; or

deleted text begin (iii)deleted text end new text begin (ii)new text end is a mental health practitioner who meets the qualifications under section 245I.04,
subdivision 4; and

(5) either has at least 1,000 hours of supervised experience working with individuals
with substance use disorder or co-occurring conditions or receives treatment supervision at
least once per week until obtaining 1,000 hours of supervised experience working with
individuals with substance use disorder or co-occurring conditions.

(b) A treatment coordinator must receive the following levels of supervision from an
alcohol and drug counselor or a mental health professional whose scope of practice includes
substance use disorder treatment and assessments:

(1) for a treatment coordinator that has not obtained 1,000 hours of supervised experience
under paragraph (a), clause (5), at least one hour of supervision per week; or

(2) for a treatment coordinator that has obtained at least 1,000 hours of supervised
experience under paragraph (a), clause (5), at least one hour of supervision per month.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2024, section 245G.11, subdivision 8, is amended to read:

Subd. 8.

Recovery peer qualifications.

A recovery peer must:

(1) meet the qualifications in section 245I.04, subdivision 18; and

(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19deleted text begin , under the supervision of an alcohol and drug counselordeleted text end .

Sec. 10.

Minnesota Statutes 2025 Supplement, section 245I.04, subdivision 17, is amended
to read:

Subd. 17.

Mental health behavioral aide scope of practice.

While under the treatment
supervision of a mental health professional, a mental health behavioral aide may practice
psychosocial skills with a child client according to the child's treatment plan deleted text begin and individual
behavior plandeleted text end that a mental health professional, clinical trainee, or behavioral health
practitioner has previously taught to the child.

Sec. 11.

Minnesota Statutes 2024, section 245I.04, is amended by adding a subdivision
to read:

new text begin Subd. 20. new text end

new text begin Limitation on affiliation across service lines. new text end

new text begin (a) A mental health professional,
as defined in subdivision 3, must not simultaneously serve in a clinical, supervisory, or
designated role for more than ten distinct licensed provider organizations or service lines
delivering Medicaid-funded services. A mental health professional must not provide clinical
or administrative supervision to more than 20 direct care or clinical staff across all affiliated
provider organizations and service lines unless an exception is granted by the commissioner
under paragraph (c).
new text end

new text begin (b) The commissioner shall establish criteria and a standardized process for evaluating
exception requests under paragraph (a).
new text end

new text begin (c) Upon written request, the commissioner may grant an exception if the requester
demonstrates that:
new text end

new text begin (1) the mental health professional can effectively meet all clinical, supervisory, and
administrative responsibilities across affiliated programs;
new text end

new text begin (2) the oversight of client care will not be compromised; and
new text end

new text begin (3) the proposed arrangement complies with all applicable supervision, documentation,
and service delivery requirements.
new text end

new text begin (d) In determining whether to grant an exception under paragraph (c), the commissioner
shall consider:
new text end

new text begin (1) the geographic distribution of services;
new text end

new text begin (2) the complexity and acuity of client needs;
new text end

new text begin (3) the mental health professional's other responsibilities, including but not limited to
direct service provision; and
new text end

new text begin (4) whether adequate supervision can be maintained in compliance with program
standards.
new text end

new text begin (e) The commissioner shall rescind approval of the exception granted under paragraph
(c) if the requester fails to comply with applicable program standards or with the terms of
the exception.
new text end

new text begin (f) A mental health professional determined to be in violation of this subdivision may
be subject to corrective action, licensing sanctions, or administrative penalties in accordance
with chapter 245A and other applicable law.
new text end

Sec. 12.

Minnesota Statutes 2024, section 245I.08, subdivision 4, is amended to read:

Subd. 4.

Progress notes.

A license holder must use a progress note to document each
occurrence of a mental health service that a staff person provides to a client. A progress
note must include the following:

(1) the type of service;

(2) the date of service;

(3) the start and stop time of the service unless the license holder is licensed as a
residential program;

(4) the location of the service;

(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the
intervention that the staff person provided to the client and the methods that the staff person
used; (iii) the client's response to the intervention; and (iv) the staff person's plan to take
future actions, including changes in treatment that the staff person will implement if the
intervention was ineffective;

(6) the signature and credentials of the staff person who provided the service to the
client;

new text begin (7) the dated signature and credentials of the treatment supervisor;
new text end

deleted text begin (7)deleted text end new text begin (8)new text end the mental health provider travel documentation required by section 256B.0625,
if applicable; and

deleted text begin (8)deleted text end new text begin (9)new text end significant observations by the staff person, if applicable, including: (i) the client's
current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with
or referrals to other professionals, family, or significant others; and (iv) changes in the
client's mental or physical symptoms.

Sec. 13.

Minnesota Statutes 2024, section 245I.10, subdivision 6, is amended to read:

Subd. 6.

Standard diagnostic assessment; required elements.

(a) Only a mental health
professional or a clinical trainee may complete a standard diagnostic assessment of a client.
A standard diagnostic assessment of a client must include a face-to-face interview with a
client and a written evaluation of the client. The assessor must complete a client's standard
diagnostic assessment within the client's cultural context. An alcohol and drug counselor
may gather and document the information in paragraphs (b) and (c) when completing a
comprehensive assessment according to section 245G.05.

(b) When completing a standard diagnostic assessment of a client, the assessor must
gather and document information about the client's current life situation, including the
following information:

(1) the client's age;

(2) the client's current living situation, including the client's housing status and household
members;

(3) the status of the client's basic needs;

(4) the client's education level and employment status;

(5) the client's current medications;

(6) any immediate risks to the client's health and safety, including withdrawal symptoms,
medical conditions, and behavioral and emotional symptoms;

(7) the client's perceptions of the client's condition;

(8) the client's description of the client's symptoms, including the reason for the client's
referral;

(9) the client's history of mental health and substance use disorder treatmentnew text begin , including
but not limited to treatment for tobacco or nicotine usenew text end ;

(10) cultural influences on the client; and

(11) substance use history, if applicable, including:

(i) amounts and types of substances, new text begin including but not limited to tobacco and nicotine
products; new text end frequency and durationdeleted text begin ,deleted text end new text begin ;new text end route of administrationdeleted text begin ,deleted text end new text begin ;new text end periods of abstinencedeleted text begin ,deleted text end new text begin ;new text end and
circumstances of relapse; and

(ii) the impact to functioning when under the influence of substances, including legal
interventions.

(c) If the assessor cannot obtain the information that this paragraph requires without
retraumatizing the client or harming the client's willingness to engage in treatment, the
assessor must identify which topics will require further assessment during the course of the
client's treatment. The assessor must gather and document information related to the following
topics:

(1) the client's relationship with the client's family and other significant personal
relationships, including the client's evaluation of the quality of each relationship;

(2) the client's strengths and resources, including the extent and quality of the client's
social networks;

(3) important developmental incidents in the client's life;

(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;

(5) the client's history of or exposure to alcohol and drug usage and treatment; and

(6) the client's health history and the client's family health history, including the client's
physical, chemical, and mental health history.

(d) When completing a standard diagnostic assessment of a client, an assessor must use
a recognized diagnostic framework.

(1) When completing a standard diagnostic assessment of a client who is five years of
age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
Classification of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three.

(2) When completing a standard diagnostic assessment of a client who is six years of
age or older, the assessor must use the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association.

(3) When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association to screen and assess the client for a
substance use disordernew text begin , including but not limited to tobacco use disordernew text end .

(e) When completing a standard diagnostic assessment of a client, the assessor must
include and document the following components of the assessment:

(1) the client's mental status examination;

(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
vulnerabilities; safety needs, including client information that supports the assessor's findings
after applying a recognized diagnostic framework from paragraph (d); and any differential
diagnosis of the client; and

(3) an explanation of: (i) how the assessor diagnosed the client using the information
from the client's interview, assessment, psychological testing, and collateral information
about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
and (v) the client's responsivity factors.

(f) When completing a standard diagnostic assessment of a client, the assessor must
consult the client and the client's family about which services that the client and the family
prefer to treat the client. The assessor must make referrals for the client as to services required
by law.

(g) Information from other providers and prior assessments may be used to complete
the diagnostic assessment if the source of the information is documented in the diagnostic
assessment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 14.

Minnesota Statutes 2025 Supplement, section 245I.23, subdivision 7, is amended
to read:

Subd. 7.

Intensive residential treatment services assessment and treatment
planning.

(a) Within 12 hours of a client's admission, the license holder must evaluate and
document the client's immediate needs, including the client's:

(1) health and safety, including the client's need for crisis assistance;

(2) responsibilities for children, family and other natural supports, and employers; and

(3) housing and legal issues.

(b) Within 24 hours of the client's admission, the license holder must complete an initial
treatment plan for the client. The license holder must:

(1) base the client's initial treatment plan on the client's referral information and an
assessment of the client's immediate needs;

(2) consider crisis assistance strategies that have been effective for the client in the past;

(3) identify the client's initial treatment goals, measurable treatment objectives, and
specific interventions that the license holder will use to help the client engage in treatment;

(4) identify the participants involved in the client's treatment planning. The client must
be a participant; and

(5) ensure that a treatment supervisor approves of the client's initial treatment plan if a
behavioral health practitioner or clinical trainee completes the client's treatment plan,
notwithstanding section 245I.08, subdivision 3.

(c) According to section 245A.65, subdivision 2, paragraph (b), the license holder must
complete an individual abuse prevention plan as part of a client's initial treatment plan.

(d) Within five days of the client's admission and again within 60 days after the client's
admission, the license holder must complete a level of care assessment of the client. If the
license holder determines that a client does not need a medically monitored level of service,
a treatment supervisor must document how the client's admission to and continued services
in intensive residential treatment services are medically necessary for the client.

(e) Within ten days of a client's admission, new text begin excluding weekends and holidays, new text end the license
holder must complete or review and update the client's standard diagnostic assessment.

(f) Within ten days of a client's admission, the license holder must complete the client's
individual treatment plan, notwithstanding section 245I.10, subdivision 8. Within 40 days
after the client's admission and again within 70 days after the client's admission, the license
holder must update the client's individual treatment plan. The license holder must focus the
client's treatment planning on preparing the client for a successful transition from intensive
residential treatment services to another setting. In addition to the required elements of an
individual treatment plan under section 245I.10, subdivision 8, the license holder must
identify the following information in the client's individual treatment plan: (1) the client's
referrals and resources for the client's health and safety; and (2) the staff persons who are
responsible for following up with the client's referrals and resources. If the client does not
receive a referral or resource that the client needs, the license holder must document the
reason that the license holder did not make the referral or did not connect the client to a
particular resource. The license holder is responsible for determining whether additional
follow-up is required on behalf of the client.

(g) Within 30 days of the client's admission, the license holder must complete a functional
assessment of the client. Within 60 days after the client's admission, the license holder must
update the client's functional assessment to include any changes in the client's functioning
and symptoms.

(h) For a client with a current substance use disorder diagnosis and for a client whose
substance use disorder screening in the client's standard diagnostic assessment indicates the
possibility that the client has a substance use disorder, the license holder must complete a
written assessment of the client's substance use within 30 days of the client's admission. In
the substance use assessment, the license holder must: (1) evaluate the client's history of
substance use, relapses, and hospitalizations related to substance use; (2) assess the effects
of the client's substance use on the client's relationships including with family member and
others; (3) identify financial problems, health issues, housing instability, and unemployment;
(4) assess the client's legal problems, past and pending incarceration, violence, and
victimization; and (5) evaluate the client's suicide attempts, noncompliance with taking
prescribed medications, and noncompliance with psychosocial treatment.

(i) On a weekly basis, a mental health professional or certified rehabilitation specialist
must review each client's treatment plan and individual abuse prevention plan. The license
holder must document in the client's file each weekly review of the client's treatment plan
and individual abuse prevention plan.

Sec. 15.

Minnesota Statutes 2025 Supplement, section 254A.03, subdivision 3, is amended
to read:

Subd. 3.

Rules for substance use disorder care.

(a) An eligible vendor of comprehensive
assessments under section 254B.0501 may determine the appropriate level of substance use
disorder treatment for a recipient of public assistance. The process for determining an
individual's financial eligibility for the behavioral health fund or determining an individual's
enrollment in or eligibility for a publicly subsidized health plan is not affected by the
individual's choice to access a comprehensive assessment for placement.

deleted text begin (b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.0505. The initial set of services approved for a recipient whose screen result
is positive may include any combination of up to four hours of individual or group substance
use disorder treatment, two hours of substance use disorder treatment coordination, or two
hours of substance use disorder peer support services provided by a qualified individual
according to chapter 245G. A recipient must obtain an assessment pursuant to paragraph
(a) to be approved for additional treatment services. A comprehensive assessment pursuant
to section 245G.05 is not required to receive the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

deleted text begin (d)deleted text end new text begin (c)new text end An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.

Sec. 16.

Minnesota Statutes 2025 Supplement, section 254B.04, subdivision 1a, is amended
to read:

Subd. 1a.

Client eligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.

(b) Persons with dependent children who are determined to be in need of substance use
disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
need of chemical dependency treatment pursuant to a case plan under section 260C.201,
subdivision 6, or 260C.212, shall be assisted by the commissioner to access needed treatment
services. Treatment services must be appropriate for the individual or family, which may
include long-term care treatment or treatment in a facility that allows the dependent children
to stay in the treatment facility. The county shall pay for out-of-home placement costs, if
applicable.

(c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
MinnesotaCare is eligible for room and board services under section 254B.0505, subdivision
1, clause (9).

(d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund when the client:

(1) is eligible for MFIP as determined under chapter 142G;

(2) is eligible for medical assistance as determined under Minnesota Rules, parts
9505.0010 to 9505.0140;

(3) is eligible for general assistance, general assistance medical care, or work readiness
as determined under Minnesota Rules, parts 9500.1200 to 9500.1272; or

(4) has income that is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.

(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.

(f) A client is ineligible to have substance use disorder treatment services paid for with
behavioral health fund money if the client:

(1) has an income that exceeds current household size and income guidelines for entitled
persons as defined in this subdivision and subdivision 7; or

(2) has an available third-party payment source that will pay the total cost of the client's
treatment.

(g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service that is paid for by the behavioral health fund until
the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
if the client:

(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or

(2) is eligible according to paragraphs (a) and (b) and is determined eligible by the
commissioner under section 254B.04.

(h) When a county commits a client under chapter 253B to a regional treatment center
for substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for the payment to the regional treatment center according to
section 254B.0501, subdivision 3.

(i) new text begin Notwithstanding any law to the contrary, new text end persons enrolled in MinnesotaCarenew text begin or
medical assistancenew text end are eligible for room and board services when provided through intensive
residential treatment services and residential crisis services under section 256B.0632new text begin and
chapter 245Inew text end .

(j) A person is eligible for one 60-consecutive-calendar-day period per year. A person
may submit a request for additional eligibility to the commissioner. A person denied
additional eligibility under this paragraph may request a state agency hearing under section
256.045.

Sec. 17.

Minnesota Statutes 2025 Supplement, section 254B.0501, subdivision 6, is
amended to read:

Subd. 6.

Recovery community organizations.

(a) A recovery community organization
that meets the requirements of clauses (1) to (15), complies with the training requirements
in section 254B.052, subdivision 4, and meets certification requirements of the Minnesota
Alliance of Recovery Community Organizations or another Minnesota statewide recovery
organization identified by the commissioner is an eligible vendor of peer recovery support
services. If the commissioner does not identify another statewide recovery organization, or
the Minnesota Alliance of Recovery Community Organizations or the statewide recovery
organization identified by the commissioner is not reasonably positioned to certify vendors,
the commissioner must determine the eligibility of a vendor of peer recovery support services.
A Minnesota statewide recovery organization identified by the commissioner must update
recovery community organization applicants for certification on the status of the application
within 45 days of receipt. If the approved statewide recovery organization denies an
application, it must provide a written explanation for the denial to the recovery community
organization. Eligible vendors under this paragraph must:

(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission;

(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;

(3) have a mission statement and conduct corresponding activities indicating that the
organization's primary purpose is to support recovery from substance use disorder;

(4) demonstrate ongoing community engagement with the identified primary region and
population served by the organization, including individuals in recovery and their families,
friends, and recovery allies;

(5) be accountable to the recovery community through documented priority-setting and
participatory decision-making processes that promote the engagement of, and consultation
with, people in recovery and their families, friends, and recovery allies;

(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building,
and harm-reduction activities, and provide recovery public education and advocacy;

(7) have written policies that allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;

(8) maintain organizational practices to meet the needs of Black, Indigenous, and people
of color communities, LGBTQ+ communities, and other underrepresented or marginalized
communities. Organizational practices may include board and staff training, service offerings,
advocacy efforts, and culturally informed outreach and services;

(9) use recovery-friendly language in all media and written materials that is supportive
of and promotes recovery across diverse geographical and cultural contexts and reduces
stigma;

(10) establish and maintain a publicly available recovery community organization code
of ethics and grievance policy and procedures;

(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
independent contractor;

(12) not classify or treat any recovery peer as an independent contractor on or after
January 1, 2025;

(13) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services;

(14) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:

(i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;

(ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and

(iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaint; and

(15) comply with the requirements of section 245A.04, subdivision 15a.

(b) A recovery community organization approved by the commissioner before June 30,
2023, must have begun the application process as required by an approved certifying or
accrediting entity and have begun the process to meet the requirements under paragraph (a)
by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
support services.

(c) A recovery community organization that is aggrieved by a certification determination
and believes it meets the requirements under paragraph (a) may appeal the determination
under section 256.045, subdivision 3, paragraph (a), clause (14), for reconsideration as an
eligible vendor. If the human services judge determines that the recovery community
organization meets the requirements under paragraph (a), the recovery community
organization is an eligible vendor of peer recovery support services for up to two years from
the date of the determination. After two years, the recovery community organization must
apply for certification under paragraph (a) to continue to be an eligible vendor of peer
recovery support services.

(d) All recovery community organizations must be certified by an entity listed in
paragraph (a) by June 30, deleted text begin 2027deleted text end new text begin 2026new 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. 18.

Minnesota Statutes 2025 Supplement, section 254B.0505, subdivision 8, is
amended to read:

Subd. 8.

deleted text begin Peer recovery support servicesdeleted text end new text begin Utilization reviewnew text end requirements.

Eligible
vendors of deleted text begin peer recovery supportdeleted text end services new text begin in subdivision 1, clauses (1) to (10), new text end mustdeleted text begin :
deleted text end

deleted text begin (1)deleted text end submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity deleted text begin of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; anddeleted text end new text begin .
new text end

deleted text begin (2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support services.
deleted text end

Sec. 19.

Minnesota Statutes 2025 Supplement, section 254B.0505, is amended by adding
a subdivision to read:

new text begin Subd. 9. new text end

new text begin Withdrawal management services. new text end

new text begin For withdrawal management services
provided by an eligible vendor that is licensed under chapter 245F as a clinically managed
withdrawal management program or as a medically monitored withdrawal management
program, utilization review, as defined in section 62M.02, is prohibited until five calendar
days after the date of service initiation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 20.

Minnesota Statutes 2025 Supplement, section 254B.0505, is amended by adding
a subdivision to read:

new text begin Subd. 10. new text end

new text begin Monetary recovery. new text end

new text begin Reimbursement for services authorized under this chapter
that are not provided in accordance with this chapter are subject to monetary recovery under
section 256B.064 as money improperly paid.
new text end

Sec. 21.

Minnesota Statutes 2024, section 254B.052, subdivision 1, is amended to read:

Subdivision 1.

Peer recovery support services; service requirements.

(a) Peer recovery
support services are face-to-face interactions between a recovery peer and a client, on a
one-on-one basis, in which specific goals identified in an individual recovery plan, treatment
plan, or stabilization plan are discussed and addressed. Peer recovery support services are
provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and
development of natural supports and to support maintenance of a client's recovery.

(b) Peer recovery support services must be provided according tonew text begin (1)new text end an individual
recovery plan if provided by a recovery community organization or county, new text begin (2) new text end a treatment
plan if provided in new text begin either new text end a substance use disorder treatment program under chapter 245Gdeleted text begin ,deleted text end
ornew text begin a Tribally licensed substance use disorder treatment program, or (3)new text end a stabilization plan
if provided by a withdrawal management program under chapter 245F.

(c) A client receiving peer recovery support services must participate in the services
voluntarily. Any program that incorporates peer recovery support services must provide
written notice to the client that peer recovery support services will be provided.

(d) Peer recovery support services may not be provided to a client residing with or
employed by a recovery peer from whom deleted text begin they receivedeleted text end new text begin the client receivesnew text end services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2024, section 254B.052, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Billing limits. new text end

new text begin Eligible vendors of peer recovery support services must limit
an individual client to 14 hours per week for peer recovery support services from an
individual provider of peer recovery support 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. 23.

Minnesota Statutes 2024, section 256B.0624, subdivision 6b, is amended to read:

Subd. 6b.

Crisis intervention services.

(a) If the crisis assessment determines mobile
crisis intervention services are needed, the crisis intervention services must be provided
promptly. As opportunity presents during the intervention, at least two members of the
mobile crisis intervention team must confer directly or by telephone about the crisis
assessment, crisis treatment plan, and actions taken and needed. At least one of the team
members must be providing face-to-face crisis intervention services. If providing crisis
intervention services, a clinical trainee or mental health practitioner must seek treatment
supervision as required in subdivision 9.

(b) If a provider delivers crisis intervention services while the recipient is absent, the
provider must document the reason for delivering services while the recipient is absent.

(d) The mobile crisis intervention team must document which crisis treatment plan goals
and objectives have been met and when no further crisis intervention services are required.

(e) If the recipient's mental health crisis is stabilized, but the recipient needs a referral
to other services, the team must provide referrals to these services. If the recipient has a
case manager, planning for other services must be coordinated with the case manager. If
the recipient is unable to follow up on the referral, the team must link the recipient to the
service and follow up to ensure the recipient is receiving the service.

deleted text begin (f) If the recipient's mental health crisis is stabilized and the recipient does not have an
advance directive, the case manager or crisis team shall offer to work with the recipient to
develop one.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 24.

Minnesota Statutes 2024, section 256B.0624, subdivision 7, is amended to read:

Subd. 7.

Crisis stabilization services.

(a) Crisis stabilization services must be provided
by qualified staff of a crisis stabilization services provider entity and must meet the following
standards:

(1) a crisis treatment plan must be developed that meets the criteria in subdivision 11;

(2) staff must be qualified as defined in subdivision 8;

(3) crisis stabilization services must be delivered according to the crisis treatment plan
and include face-to-face contact with the recipient by qualified staff for further assessment,
help with referrals, updating of the crisis treatment plan, skills training, and collaboration
with other service providers in the community; deleted text begin and
deleted text end

(4) if a provider delivers crisis stabilization services while the recipient is absent, the
provider must document the reason for delivering services while the recipient is absentdeleted text begin .deleted text end new text begin ;
and
new text end

new text begin (5) if the recipient is an adult, the recipient's mental health crisis is stabilized, and the
recipient does not have a health care directive as defined by section 145C.01, subdivision
5a, or psychiatric declaration as defined by section 253B.03, subdivision 6d, the case manager
or crisis team must offer to work with the recipient to develop a directive or declaration.
new text end

(b) If crisis stabilization services are provided in a supervised, licensed residential setting
that serves no more than four adult residents, and one or more individuals are present at the
setting to receive residential crisis stabilization, the residential staff must include, for at
least eight hours per day, at least one mental health professional, clinical trainee, certified
rehabilitation specialist, or mental health practitioner. The commissioner shall establish a
statewide per diem rate for crisis stabilization services provided under this paragraph to
medical assistance enrollees. The rate for a provider shall not exceed the rate charged by
that provider for the same service to other payers. Payment shall not be made to more than
one entity for each individual for services provided under this paragraph on a given day.
The commissioner shall set rates prospectively for the annual rate period. The commissioner
shall require providers to submit annual cost reports on a uniform cost reporting form and
shall use submitted cost reports to inform the rate-setting process. The commissioner shall
recalculate the statewide per diem every year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 25.

Minnesota Statutes 2024, section 256B.0625, subdivision 47, is amended to read:

Subd. 47.

deleted text begin Treatment foster caredeleted text end new text begin Children's intensive behavioral health
new text end services.

deleted text begin Effective July 1, 2011, and subject to federal approval,deleted text end Medical assistance covers
deleted text begin treatment foster caredeleted text end new text begin children's intensive behavioral healthnew text end services according to section
256B.0946.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2024, section 256B.0759, subdivision 3, is amended to read:

Subd. 3.

Provider standards.

(a) deleted text begin The commissioner must establish requirements for
participating providers that are consistent with the federal requirements of the demonstration
project.deleted text end new text begin The following programs that receive payment for substance use disorder treatment
services under section 256B.0625 must enroll as a Minnesota health care programs provider,
meet the requirements established by the commissioner, and certify that the program meets
the applicable American Society of Addiction Medicine (ASAM) levels of care according
to section 254B.19:
new text end

new text begin (1) nonresidential substance use disorder treatment programs and residential treatment
programs licensed under chapter 245G as licensed substance use disorder treatment facilities;
new text end

new text begin (2) withdrawal management programs licensed under chapter 245F; and
new text end

new text begin (3) out-of-state residential substance use disorder treatment programs.
new text end

new text begin (b) Programs that do not meet the requirements of paragraph (a) are ineligible for payment
for services provided under section 256B.0625.
new text end

deleted text begin (b) A participating residential provider must obtain applicable licensure under chapter
245F or 245G or other applicable standards for the services provided and must:
deleted text end

deleted text begin (1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d);
deleted text end

deleted text begin (2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards; and
deleted text end

deleted text begin (3) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate access to substance use disorder treatment services with
medications for opioid use disorder off site.
deleted text end

deleted text begin (c) A participating outpatient provider must obtain applicable licensure under chapter
245G or other applicable standards for the services provided and must:
deleted text end

deleted text begin (1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d); and
deleted text end

deleted text begin (2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards.
deleted text end

deleted text begin (d) If the provider standards under chapter 245G or other applicable standards conflict
or are duplicative, the commissioner may grant variances to the standards if the variances
do not conflict with federal requirements. The commissioner must publish service
components, service standards, and staffing requirements for participating providers that
are consistent with ASAM standards and federal requirements by October 1, 2020.
deleted text end

new text begin (c) Programs licensed by the department as residential treatment programs according to
section 245G.21 that (1) receive payment under this chapter, (2) are licensed as a hospital
under sections 144.50 to 144.581, and (3) provide only ASAM level 3.7 medically monitored
inpatient level of care are not required to certify the ASAM 3.7 level of care. If a program
described in this paragraph provides any additional ASAM levels of care, the program must
certify those levels of care according to section 254B.19. Programs meeting the criteria in
this paragraph must submit evidence of providing the required level of care to the
commissioner to be exempt from enrolling in the demonstration.
new text end

new text begin (d) Tribally licensed programs that otherwise meet the requirements of subdivision 3
may elect to participate in the demonstration project. The department must consult with
Tribal Nations to discuss participation in the substance use disorder demonstration project.
new text end

new text begin (e) Programs subject to this section must:
new text end

new text begin (1) deliver services in accordance with section 254B.19; and
new text end

new text begin (2) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate timely access to medications for opioid use disorder off site.
new text end

Sec. 27.

Minnesota Statutes 2025 Supplement, section 256B.0759, subdivision 4, is
amended to read:

Subd. 4.

Provider payment rates.

(a) deleted text begin Payment rates for participatingdeleted text end Providers must
deleted text begin be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care. Providers that have enrolled in the demonstration project but have not met the provider
standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under
this subdivision until the date that the provider meets the provider standards in subdivision
3. Services provided from July 1, 2022, to the date that the provider meets the provider
standards under subdivision 3 shalldeleted text end be reimbursed at rates according to section 254B.0505,
subdivision 1. deleted text begin Rate increases paid under this subdivision to a provider for services provided
between July 1, 2021, and July 1, 2022, are not subject to recoupment when the provider
is taking meaningful steps to meet demonstration project requirements that are not otherwise
required by law, and the provider provides documentation to the commissioner, upon request,
of the steps being taken.
deleted text end

deleted text begin (b) The commissioner may temporarily suspend payments to the provider according to
section 256B.04, subdivision 21, paragraph (d), if the provider does not meet the requirements
in paragraph (a). Payments withheld from the provider must be made once the commissioner
determines that the requirements in paragraph (a) are met.
deleted text end

deleted text begin (c) For outpatient individual and group substance use disorder services under section
254B.0505, subdivision 1, clause (1), and adolescent treatment programs that are licensed
as outpatient treatment programs according to sections 245G.01 to 245G.18, provided on
or after January 1, 2021, payment rates must be increased by 20 percent over the rates in
effect on December 31, 2020.
deleted text end

deleted text begin (d)deleted text end new text begin (b)new text end Effective January 1, 2021, and contingent on annual federal approval, managed
care plans and county-based purchasing plans must reimburse providers of the substance
use disorder services meeting the deleted text begin criteria described in paragraph (a) whodeleted text end new text begin requirements of
section 254B.19 thatnew text end are employed by or under contract with the plan an amount that is at
least equal to the fee-for-service base rate payment for the substance use disorder services
described in paragraph deleted text begin (c)deleted text end new text begin (a)new text end . The commissioner must monitor the effect of this requirement
on the rate of access to substance use disorder services and residential substance use disorder
rates. Capitation rates paid to managed care organizations and county-based purchasing
plans must reflect the impact of this requirement. This paragraph expires if federal approval
is not received at any time as required under this paragraph.

deleted text begin (e)deleted text end new text begin (c)new text end Effective July 1, 2021, contracts between managed care plans and county-based
purchasing plans and providers to whom paragraph deleted text begin (d)deleted text end new text begin (b)new text end applies must allow recovery of
payments from those providers if, for any contract year, federal approval for the provisions
of paragraph deleted text begin (d)deleted text end new text begin (b)new text end is not received, and capitation rates are adjusted as a result. Payment
recoveries must not exceed the amount equal to any decrease in rates that results from this
provision.

deleted text begin (f)deleted text end new text begin (d)new text end For substance use disorder services with medications for opioid use disorder under
section 254B.0505, subdivision 1, clause (7), provided on or after January 1, 2021, payment
rates must be increased by 20 percent over the rates in effect on December 31, 2020. Upon
implementation of new rates according to section 254B.121, the 20 percent increase will
no longer apply.

Sec. 28.

Minnesota Statutes 2025 Supplement, section 256B.0943, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given deleted text begin themdeleted text end .

(b) "Children's therapeutic services and supports" means the flexible package of mental
health services for children who require varying therapeutic and rehabilitative levels of
intervention to treat a diagnosed mental illness, as defined in section 245.462, subdivision
20, or 245.4871, subdivision 15. The services are time-limited interventions that are delivered
using various treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan.

(d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.

(e) "Culturally competent provider" means a provider who understands and can utilize
to a client's benefit the client's culture when providing services to the client. A provider
may be culturally competent because the provider is of the same cultural or ethnic group
as the client or the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.

(f) "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or group
skills training provided by a team, under the treatment supervision of a mental health
professional.

(g) "Direct service time" means the time that a mental health professional, clinical trainee,
mental health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family or providing covered services through telehealth as defined under
section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
obtains a client's history, develops a client's treatment plan, records individual treatment
outcomes, or provides service components of children's therapeutic services and supports.
Direct service time does not include time doing work before and after providing direct
services, including scheduling or maintaining clinical records.

(h) "Direction of mental health behavioral aide" means the activities of a mental health
professional, clinical trainee, or mental health practitioner in guiding the mental health
behavioral aide in providing services to a client. The direction of a mental health behavioral
aide must be based on the client's individual treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (7).

(i) "Individual treatment plan" means the plan described in section 245I.10, subdivisions
7 and 8.

(j) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a mental health behavioral aide qualified according to section
245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
trained by a mental health professional, clinical trainee, or mental health practitioner and
as described in the child's individual treatment plan deleted text begin and individual behavior plandeleted text end . Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).

(k) "Mental health certified family peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 12.

(l) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.

(m) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(n) "Mental health service plan development" includes:

(1) development and revision of a child's individual treatment plan; and

(2) administering and reporting standardized outcome measurements approved by the
commissioner, as periodically needed to evaluate the effectiveness of treatment.

(o) "Mental illness" has the meaning given in section 245.462, subdivision 20, paragraph
(a), for persons at least 18 years of age but under 21 years of age, and has the meaning given
in section 245.4871, subdivision 15, for children under 18 years of age.

(p) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.

(q) "Rehabilitative services" or "psychiatric rehabilitation services" means interventions
to: (1) restore a child or adolescent to an age-appropriate developmental trajectory that had
been disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate
for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills
acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for
children combine coordinated psychotherapy to address internal psychological, emotional,
and intellectual processing deficits, and skills training to restore personal and social
functioning. Psychiatric rehabilitation services establish a progressive series of goals with
each achievement building upon a prior achievement.

(r) "Skills training" means individual, family, or group training, delivered by or under
the supervision of a mental health professional, designed to facilitate the acquisition of
psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
to the service delivery requirements under subdivision 9, paragraph (b), clause (2).

(s) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6.

(t) "Treatment supervision" means the supervision described in section 245I.06.

Sec. 29.

Minnesota Statutes 2024, section 256B.0943, subdivision 6, is amended to read:

Subd. 6.

Provider entity clinical infrastructure requirements.

(a) To be an eligible
provider entity under this section, a provider entity must have a clinical infrastructure that
utilizes diagnostic assessment, individual treatment plans, service delivery, and individual
treatment plan review that are culturally competent, child-centered, and family-driven to
achieve maximum benefit for the client. The provider entity must review, and update as
necessary, the clinical policies and procedures every deleted text begin threedeleted text end new text begin twonew text end years, must distribute the
policies and procedures to staff initially and upon each subsequent update, and must train
staff accordingly.

(b) The clinical infrastructure written policies and procedures must include policies and
procedures for meeting the requirements in this subdivision:

(1) providing or obtaining a client's standard diagnostic assessment, including a standard
diagnostic assessment. When required components of the standard diagnostic assessment
are not provided in an outside or independent assessment or cannot be attained immediately,
the provider entity must determine the missing information within 30 days and amend the
child's standard diagnostic assessment or incorporate the information into the child's
individual treatment plan;

(2) developing an individual treatment plan;

(3) providing treatment supervision plans for staff according to section 245I.06. Treatment
supervision does not include the authority to make or terminate court-ordered placements
of the child. A treatment supervisor must be available for urgent consultation as required
by the individual client's needs or the situation;

(4) requiring a mental health professional to determine the level of supervision for a
behavioral health aide and to document and sign the supervision determination in the
behavioral health aide's supervision plan;

(5) ensuring the immediate accessibility of a mental health professional, clinical trainee,
or mental health practitioner to the behavioral aide during service delivery;

(6) providing service delivery that implements the individual treatment plan and meets
the requirements under subdivision 9; and

(7) individual treatment plan review. The review must determine the extent to which
the services have met each of the goals and objectives in the treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family.

Sec. 30.

Minnesota Statutes 2024, section 256B.0946, subdivision 4, is amended to read:

Subd. 4.

Service delivery payment requirements.

(a) To be eligible for payment under
this section, a provider must develop and practice written policies and procedures for
children's intensive behavioral health services, consistent with subdivision 1, paragraph (b),
and comply with the following requirements in paragraphs (b) to (n).

(b) Each previous and current mental health, school, and physical health treatment
provider must be contacted to request documentation of treatment and assessments that the
eligible client has received. This information must be reviewed and incorporated into the
standard diagnostic assessment and team consultation and treatment planning review process.

(c) Each client receiving treatment must be assessed for a trauma history, and the client's
treatment plan must document how the results of the assessment will be incorporated into
treatment.

(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every 180 days or prior to discharge from the service, whichever comes first.

(e) Each client receiving treatment services must have an individual treatment plan that
is reviewed, evaluated, and approved every 180 days using the team consultation and
treatment planning process.

(f) Clinical care consultation must be provided in accordance with the client's individual
treatment plan.

(g) Each client must have a crisis plan within ten days of initiating services and must
have access to clinical phone support 24 hours per day, seven days per week, during the
course of treatment. The crisis plan must demonstrate coordination with the local or regional
mobile crisis intervention team.

(h) Services must be delivered and documented at least three days per week, equaling
at least six hours of treatment per week. If the mental health professional, client, and family
agree, service units may be temporarily reduced for a period of no more than 60 days in
order to meet the needs of the client and family, or as part of transition or on a discharge
plan to another service or level of care. The reasons for service reduction must be identifieddeleted text begin ,deleted text end new text begin
andnew text end documenteddeleted text begin , and includeddeleted text end in the treatment plannew text begin or case filenew text end . Billing and payment are
prohibited for days on which no services are delivered and documented.

(i) Location of service delivery must be in the client's home, day care setting, school, or
other community-based setting that is specified on the client's individualized treatment plan.

(j) Treatment must be developmentally and culturally appropriate for the client.

(k) Services must be delivered in continual collaboration and consultation with the
client's medical providers and, in particular, with prescribers of psychotropic medications,
including those prescribed on an off-label basis. Members of the service team must be aware
of the medication regimen and potential side effects.

(l) Parents, siblings, foster parents, legal guardians, and members of the child's
permanency plan must be involved in treatment and service delivery unless otherwise noted
in the treatment plan.

(m) Transition planning for the child must be conducted starting with the first treatment
plan and must be addressed throughout treatment to support the child's permanency plan
and postdischarge mental health service needs.

(n) In order for a provider to receive the daily per-client encounter rate, at least one of
the services listed in subdivision 1, paragraph (b), clauses (1) to (3), must be provided. The
services listed in subdivision 1, paragraph (b), clauses (4) and (5), may be included as part
of the daily per-client encounter rate.

Sec. 31.

Minnesota Statutes 2025 Supplement, section 256B.0947, subdivision 3a, is
amended to read:

Subd. 3a.

Required service components.

(a) Intensive nonresidential rehabilitative
mental health services, supports, and ancillary activities that are covered by a single daily
rate per client must include the following, as needed by the individual client:

(1) individual, family, and group psychotherapy;

(2) individual, family, and group skills training, as defined in section 256B.0943,
subdivision 1, paragraph (r);

(3) crisis planning as defined in section 245.4871, subdivision 9a;

(4) medication management provided by a deleted text begin physician, an advanced practice registered
nurse with certification in psychiatric and mental health care, or a physician assistantdeleted text end new text begin qualified
providernew text end ;

(5) mental health case management as provided in section 256B.0625, subdivision 20;

(6) medication education services as defined in this section;

(7) care coordination by a client-specific lead worker assigned by and responsible to the
treatment team;

(8) psychoeducation of and consultation and coordination with the client's biological,
adoptive, or foster family and, in the case of a youth living independently, the client's
immediate nonfamilial support network;

(9) clinical consultation to a client's employer or school or to other service agencies or
to the courts to assist in managing the mental illness or co-occurring disorder and to develop
client support systems;

(10) coordination with, or performance of, crisis intervention and stabilization services
as defined in section 256B.0624;

(11) transition services;

(12) co-occurring substance use disorder treatment as defined in section 245I.02,
subdivision 11; and

(13) housing access support that assists clients to find, obtain, retain, and move to safe
and adequate housing. Housing access support does not provide monetary assistance for
rent, damage deposits, or application fees.

(b) The provider shall ensure and document the following by means of performing the
required function or by contracting with a qualified person or entity: client access to crisis
intervention services, as defined in section 256B.0624, and available 24 hours per day and
seven days per week.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 32.

Minnesota Statutes 2024, section 256B.0947, subdivision 5, is amended to read:

Subd. 5.

Standards for intensive nonresidential rehabilitative providers.

(a) Services
must meet the standards in this section and chapter 245I as required in section 245I.011,
subdivision 5.

(b) The treatment team must have specialized training in providing services to the specific
age group of youth that the team serves. An individual treatment team must serve youth
who are: (1) at least eight years of age or older and under 16 years of agedeleted text begin , ordeleted text end new text begin ;new text end (2) at least
14 years of age or older and under 21 years of agenew text begin ; or (3) if a treatment team demonstrates
to the commissioner expertise in meeting the developmental and clinical needs of an
expanded age range, at least eight years of age and under 21 years of agenew text end .

(c) The treatment team for intensive nonresidential rehabilitative mental health services
comprises both permanently employed core team members and client-specific team members
as follows:

(1) Based on professional qualifications and client needs, clinically qualified core team
members are assigned on a rotating basis as the client's lead worker to coordinate a client's
care. The core team must comprise at least four full-time equivalent direct care staff and
must minimally include:

(i) a mental health professional who serves as team leader to provide administrative
direction and treatment supervision to the team;

(ii) deleted text begin an advanced-practice registered nurse with certification in psychiatric or mental
deleted text end deleted text begin health care or a board-certified deleted text end deleted text begin child and adolescentdeleted text end deleted text begin psychiatrist, either of which must be
deleted text end deleted text begin credentialed to prescribe medications;deleted text end new text begin a psychiatric care provider who is credentialed to
prescribe medications and is either an advanced practice registered nurse with advanced
education and training in psychiatric and mental health care or a board-certified psychiatrist.
The psychiatric care provider must have demonstrated clinical experience and qualifications
for working with children and adolescents with serious mental illness and co-occurring
mental illness and substance use disorders;
new text end

(iii) a mental health certified peer specialist who is qualified according to section 245I.04,
subdivision 10, and is also a former children's mental health consumer; and

(iv) a co-occurring disorder specialist who meets the requirements under section
256B.0622, subdivision 7a, paragraph (a), clause (4), who will provide or facilitate the
provision of co-occurring disorder treatment to clients.

(2) The core team may also include any of the following:

(i) additional mental health professionals;

(ii) a vocational specialist;

(iii) an educational specialist with knowledge and experience working with youth
regarding special education requirements and goals, special education plans, and coordination
of educational activities with health care activities;

(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;

(v) a clinical trainee qualified according to section 245I.04, subdivision 6;

(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;

(vii) a case management service provider, as defined in section 245.4871, subdivision
4;

(viii) a housing access specialist; deleted text begin and
deleted text end

(ix) a family peer specialist as defined in subdivision 2, paragraph (j)deleted text begin .deleted text end new text begin ; and
new text end

new text begin (x) a registered nurse, as defined in section 148.171, subdivision 20.
new text end

(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc
members not employed by the team who consult on a specific client and who must accept
overall clinical direction from the treatment team for the duration of the client's placement
with the treatment team and must be paid by the provider agency at the rate for a typical
session by that provider with that client or at a rate negotiated with the client-specific
member. Client-specific treatment team members may include:

(i) the mental health professional treating the client prior to placement with the treatment
team;

(ii) the client's current substance use counselor, if applicable;

(iii) a lead member of the client's individualized education program team or school-based
mental health provider, if applicable;

(iv) a representative from the client's health care home or primary care clinic, as needed
to ensure integration of medical and behavioral health care;

(v) the client's probation officer or other juvenile justice representative, if applicable;
and

(vi) the client's current vocational or employment counselor, if applicable.

(d) The treatment supervisor shall be an active member of the treatment team and shall
function as a practicing clinician at least on a part-time basis. The treatment team shall meet
with the treatment supervisor at least weekly to discuss recipients' progress and make rapid
adjustments to meet recipients' needs. The team meeting must include client-specific case
reviews and general treatment discussions among team members. Client-specific case
reviews and planning must be documented in the individual client's treatment record.

(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment
team position.

(f) The treatment team shall serve no more than 80 clients at any one time. Should local
demand exceed the team's capacity, an additional team must be established rather than
exceed this limit.

(g) Nonclinical staff shall have prompt access in person or by telephone to a mental
health practitioner, clinical trainee, or mental health professional. The provider shall have
the capacity to promptly and appropriately respond to emergent needs and make any
necessary staffing adjustments to ensure the health and safety of clients.

(h) The intensive nonresidential rehabilitative mental health services provider shall
participate in evaluation of the assertive community treatment for youth (Youth ACT) model
as conducted by the commissioner, including the collection and reporting of data and the
reporting of performance measures as specified by contract with the commissioner.

(i) A regional treatment team may serve multiple counties.

Sec. 33.

Minnesota Statutes 2025 Supplement, section 256L.03, subdivision 5, is amended
to read:

Subd. 5.

Cost-sharing.

(a) Co-payments, coinsurance, and deductibles do not apply to
children under the age of 21 and to American Indians as defined in Code of Federal
Regulations, title 42, section 600.5.

(b) The commissioner must adjust co-payments, coinsurance, and deductibles for covered
services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent.
The cost-sharing changes described in this paragraph do not apply to eligible recipients or
services exempt from cost-sharing under state law. The cost-sharing changes described in
this paragraph shall not be implemented prior to January 1, 2016.

(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements
for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations,
title 42, sections 600.510 and 600.520.

(d) Cost-sharing for prescription drugs and related medical supplies to treat chronic
disease must comply with the requirements of section 62Q.481.

(e) Co-payments, coinsurance, and deductibles do not apply to additional diagnostic
services or testing that a health care provider determines an enrollee requires after a
mammogram, as specified under section 62A.30, subdivision 5.

(f) Cost-sharing must not apply to drugs used for tobacco and nicotine cessation or to
tobacco and nicotine cessation services covered under section 256B.0625, subdivision 68.

(g) Co-payments, coinsurance, and deductibles do not apply to pre-exposure prophylaxis
(PrEP) and postexposure prophylaxis (PEP) medications when used for the prevention or
treatment of the human immunodeficiency virus (HIV).

(h) Co-payments, coinsurance, and deductibles do not apply to mobile crisis interventionnew text begin ,
crisis stabilization provided in a community setting,new text end or crisis assessment as defined in section
256B.0624, subdivision 2.

Sec. 34. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 256B.0759, subdivisions 2 and 5, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, section 254B.052, subdivision 6, new text end new text begin is repealed.
new text end

ARTICLE 7

HOMELESSNESS, HOUSING, AND SUPPORT SERVICES POLICY

Section 1.

Minnesota Statutes 2024, section 245.991, subdivision 3, is amended to read:

Subd. 3.

Allowable grant activities.

Grantees must provide homeless outreach and case
management services. Projects may provide clinical assessment, habilitation and rehabilitation
services, community mental health services, substance use disorder treatment, housing
transition and sustaining services, or direct assistance funding. Services must be provided
to individuals with a serious mental illness,new text begin substance use disorder,new text end or deleted text begin with adeleted text end co-occurring
substance use disorderdeleted text begin , anddeleted text end who are homeless or at imminent risk of homelessness.
Individuals receiving homeless outreach services may be presumed eligible until a serious
mental illness can be verified.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 2.

Minnesota Statutes 2024, section 245.992, subdivision 2, is amended to read:

Subd. 2.

Eligible beneficiaries.

Program activities must be provided to people with a
serious mental illness, new text begin substance use disorder, new text end or deleted text begin with adeleted text end co-occurring substance use disorderdeleted text begin ,deleted text end
who meet homeless criteria determined by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

ARTICLE 8

MALTREATMENT OF VULNERABLE ADULTS

Section 1.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Adult protective services. new text end

new text begin Adult protective services must receive referrals
from the common entry point and carry out lead investigative agency duties to investigate
for a determination of responsibility for maltreatment. When the county social services
agency is the lead investigative agency, or when the Department of Human Services or
Department of Health in the role of the lead investigative agency request adult protective
services, adult protective services must conduct assessments, develop services plans, and
implement interventions to safeguard adults who are vulnerable and suspected of experiencing
maltreatment. Adult protective services must conclude services following final determination
of maltreatment and the adult is assessed as safe. The Department of Human Services is the
state agency responsible for supervision of adult protective services administered by county
social services agencies.
new text end

Sec. 2.

Minnesota Statutes 2024, section 626.557, subdivision 9, is amended to read:

Subd. 9.

Common entry point designation.

(a) The commissioner of human services
shall establish a common entry point. The common entry point is the unit responsible for
receiving the report of suspected maltreatment under this section.

(b) The common entry point must be available 24 hours per day to deleted text begin take callsdeleted text end new text begin accept
reports new text end from reporters of suspected maltreatmentnew text begin and make required referrals for suspected
maltreatment of a vulnerable adultnew text end . The common entry point shall use a standard intake
form that includes:

(1) the time and date of the report;

(2) the name, relationship, and identifying and contact information for the person believed
to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;

(3) the name, relationship, and contact information for the:

(i) reporter;

(ii) initial reporter, witnesses, and persons who may have knowledge about the
maltreatment; and

(iii) legal surrogate and persons who may provide support to the vulnerable adult;

(4) the basis of vulnerability for the vulnerable adult;

(5) the time, date, and location of the incident;

(6) the immediate safety risk to the vulnerable adult;

(7) a description of the suspected maltreatment;

(8) the impact of the suspected maltreatment on the vulnerable adult;

(9) whether a facility was involved and, if so, which agency licenses the facility;

(10) the actions taken to protect the vulnerable adult;

(11) the required notifications and referrals made by the common entry point; and

(12) whether the reporter wishes to receive notification of the disposition.

(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.

(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.

(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.

(f) The common entry point staff must receive training on how to screen and dispatch
reports efficiently and in accordance with this section.

(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database.

(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.

(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:

(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;

(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;

(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;

(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and

(5) track and manage consumer complaints related to the common entry point.

(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.

Sec. 3.

Minnesota Statutes 2024, section 626.557, subdivision 9a, is amended to read:

Subd. 9a.

Evaluation and referral of reports made to common entry point.

(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals deleted text begin as followsdeleted text end new text begin using the referral guidelines
established by the commissioner and the followingnew text end :

(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;

(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;

(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;

(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and

(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agencydeleted text begin , using referral guidelines
established by the commissionerdeleted text end .

(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agencynew text begin using the referral guidelines established by the
commissionernew text end .

Sec. 4.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11b. new text end

new text begin County social services agency; responsibilities. new text end

new text begin The county social services
agency is responsible for supervision of:
new text end

new text begin (1) intake decisions for initial disposition of the report;
new text end

new text begin (2) agency prioritization used to screen out an adult meeting eligibility for adult protective
services as vulnerable and maltreated;
new text end

new text begin (3) safety, assessment, and services plans;
new text end

new text begin (4) protective service interventions;
new text end

new text begin (5) use of guardianship and other involuntary interventions;
new text end

new text begin (6) final determination for maltreatment; and
new text end

new text begin (7) case closure decisions.
new text end

Sec. 5.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11c. new text end

new text begin County social services agency; referrals. new text end

new text begin (a) When the common entry point
refers a report to the county social services agency as the lead investigative agency or makes
a referral to the county social services agency for emergency adult protective services, or
when another lead investigative agency requests adult protective services from the county
social services agency for an adult referred to that lead investigative agency by the common
entry point, the county social services agency must use the data report system and
standardized decision and assessment tools provided by the commissioner of human services.
The information entered by the county social services agency into the data system and
standardized tools must be accessible to the Department of Human Services for the
department to meet federal requirements, evaluate consistent application of policy, review
quality of services and outcomes for adults, and meet requirements for background studies
and disqualification of individuals determined responsible for vulnerable adult maltreatment
under chapter 245C.
new text end

new text begin (b) The county social services agency must screen the report using the standardized tools
provided by the commissioner to determine:
new text end

new text begin (1) whether the referred adult meets adult protective services eligibility as potentially
vulnerable and maltreated under this section; and
new text end

new text begin (2) the response time required to initiate adult protective services.
new text end

new text begin (c) For reports referred by the common entry point for emergency adult protective
services, the county social services agency must immediately screen the report to determine
whether the adult should be accepted for emergency adult protective services. If the adult
is accepted for emergency adult protective services, the county social services agency must
immediately offer protective services to prevent further maltreatment and safeguard the
welfare of the vulnerable adult. Assessment of adults accepted by the county social services
agency for emergency protective services must be conducted in person by the agency or a
designee within 24 hours of the agency receiving the referral. When sexual or physical
abuse is suspected, the county social services agency must immediately arrange for and
make available to the vulnerable adult appropriate medical examination and services.
new text end

new text begin (d) For reports referred by the common entry point to the county as lead investigative
agency, the county social services agency must screen the report and make an initial
determination within seven calendar days following receipt of the report from the common
entry point on whether the adult should be accepted for adult protective services.
new text end

new text begin (e) For referrals made for adult protective services by the Department of Human Services
or the Department of Health in the applicable department's role as the lead investigative
agency responsible for reports made under this section, the county social services agency
must screen the report and determine within seven calendar days following receipt of referral
whether the adult should be accepted for adult protective services.
new text end

new text begin (f) If an adult meets eligibility requirements but is not accepted for adult protective
services based on local agency prioritization, the agency must document the reason for the
screening decision in the standardized tool provided by the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11d. new text end

new text begin County social services agency; assessments. new text end

new text begin (a) For adults accepted into
adult protective services, the county social services agency must decide, prior to initiation
of assessment activities, if the agency must also conduct an investigation for final disposition
for responsibility of maltreatment in addition to the assessment for adult protective services.
new text end

new text begin (b) The county social services agency must conduct assessments concurrently with
investigations when: (1) the county is both the lead investigative agency and responsible
for making a final determination of responsibility for maltreatment; or (2) another lead
investigative agency responsible for the final determination of maltreatment requests
assistance from the county social services agency.
new text end

new text begin (c) The county social services agency must conduct an in-person assessment to initiate
adult protective services:
new text end

new text begin (1) within 24 hours of accepting a referral for emergency protective services;
new text end

new text begin (2) within 24 hours of making an initial disposition that the adult is in immediate need
of protection, unless an in-person response would endanger the safety of the adult; or
new text end

new text begin (3) within 72 hours but in no instance later than seven calendar days from the first
business day after receiving the report for adults accepted for adult protective services.
new text end

new text begin (d) The county social services agency must use the standardized decision, assessment,
and service planning tools provided by the commissioner with all vulnerable adults accepted
for adult protective services. The county social services agency must involve the vulnerable
adult in the assessment and service plan. The county social services agency must document
and update assessment and service plans consistent with significant changes in the vulnerable
adult's health and safety.
new text end

new text begin (e) The county social services agency must notify the vulnerable adult and, if applicable,
the guardian or health care agent of the vulnerable adult of the results of the assessment and
service plan, including but not limited to recommendations for protective services intervention
to stop or prevent maltreatment and to protect the vulnerable adult's health, safety, and
comfort. When necessary to prevent further maltreatment or safeguard the vulnerable adult,
the county social services agency may share the results of the assessment with the vulnerable
adult's primary supports.
new text end

Sec. 7.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11e. new text end

new text begin County social services agency; investigations. new text end

new text begin (a) The county social services
agency must investigate for a final disposition of responsibility for maltreatment for an
allegation of:
new text end

new text begin (1) abuse;
new text end

new text begin (2) financial abuse by a fiduciary;
new text end

new text begin (3) financial exploitation involving a nonfiduciary that may be criminal or that involved
force, coercion, harassment, deception, fraud, undue influence, or a scam;
new text end

new text begin (4) financial exploitation that involved another type of maltreatment;
new text end

new text begin (5) caregiver neglect by a paid caregiver or personal care assistance provider under
chapter 256B;
new text end

new text begin (6) caregiver neglect by an unpaid caregiver that resulted in intentional harm to the
vulnerable adult or involved another type of maltreatment; and
new text end

new text begin (7) a situation for which the county social services agency finds that a determination of
responsibility of maltreatment may safeguard a vulnerable adult or prevent further
maltreatment.
new text end

new text begin (b) The county social services agency must conduct an investigation for final disposition
of responsibility for maltreatment if the agency receives information during an assessment
that indicates the presence of any scenario listed in paragraph (a) or subdivision 11f.
new text end

Sec. 8.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11f. new text end

new text begin County social services agency; self-neglect. new text end

new text begin (a) The county social services
agency may determine that an allegation that does not result in a determination of
responsibility for maltreatment is:
new text end

new text begin (1) self-neglect;
new text end

new text begin (2) neglect by an unpaid caregiver that did not result in intentional harm to the vulnerable
adult and did not involve another type of alleged maltreatment; or
new text end

new text begin (3) financial exploitation by a nonfiduciary that is consistent with the choice of the adult
and not criminal or involving force, coercion, harassment, deception, fraud, undue influence,
a scam, or another type of alleged maltreatment.
new text end

new text begin (b) An allegation of self-neglect is a substantiated determination if the county social
services agency determines that adult protective services are needed.
new text end

Sec. 9.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision to
read:

new text begin Subd. 11g. new text end

new text begin County social services agency; initial contact. new text end

new text begin (a) At the initial contact
with the vulnerable adult accepted by the county social services agency, the agency must
provide the vulnerable adult with information about the process for adult protective services
and the vulnerable adult's rights as an adult protective client.
new text end

new text begin (b) At initial contact, the county social services agency must inform the individual or
entity alleged responsible for maltreatment of the allegation in a manner consistent with
requirements under this section to protect the identity of the reporter. The interview with
the individual or entity alleged responsible for maltreatment may be postponed at the request
of a law enforcement agency or if the interview may endanger the safety of the vulnerable
adult.
new text end

Sec. 10.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 11h. new text end

new text begin County social services agency; agency authority. new text end

new text begin (a) A county social
services agency may enter all facilities and business premises of a licensed provider to
inspect and copy records as part of an adult protective services assessment or investigation.
The licensed provider must provide the county social services agency access to not public
data as defined in section 13.02, subdivision 8a, and medical records under sections 144.291
to 144.298 that are maintained at the facilities and business premises to the extent that the
data and records are necessary to conduct the agency's investigation. The licensed provider
must provide the county social services agency access to all available sources of information
at the facilities and business premises, not only written records.
new text end

new text begin (b) When necessary in order to protect a vulnerable adult from serious harm from
maltreatment, the county social services agency may seek any of the following protective
services interventions:
new text end

new text begin (1) emergency protective services;
new text end

new text begin (2) participation of law enforcement or emergency medical services;
new text end

new text begin (3) authority from a court to remove an adult from the situation in which maltreatment
occurred;
new text end

new text begin (4) a restraining order or court order for removal of the perpetrator from the residence
of the vulnerable adult pursuant to section 518B.01;
new text end

new text begin (5) a referral for a financial transaction hold under chapter 45A or a protective
arrangement under this chapter or chapter 524;
new text end

new text begin (6) a referral for a representative payee;
new text end

new text begin (7) a referral to the prosecuting attorney for possible criminal prosecution of the
perpetrator under chapter 609;
new text end

new text begin (8) the appointment or replacement of a guardian or conservator pursuant to sections
524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A when
maltreatment has been substantiated and when less restrictive interventions are not sufficient
to stop or reduce the risk of serious harm from maltreatment; and
new text end

new text begin (9) other interventions recommended by a multidisciplinary team under this section.
new text end

new text begin (c) The county social services agency may seek the protective services interventions
under paragraph (b) regardless of the vulnerable adult's voluntary or involuntary participation.
new text end

new text begin (d) The county social services agency may offer voluntary service interventions to
support the vulnerable adult or primary supports to stop, reduce the risk for, or prevent
subsequent maltreatment.
new text end

Sec. 11.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 11i. new text end

new text begin County social services agency; legal intervention. new text end

new text begin (a) In proceedings under
sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to
petition for guardianship or conservatorship, a county employee must present the petition
with representation by the county attorney. The county must contract with or arrange for a
suitable person or organization to provide ongoing guardianship services. If the county
presents evidence to the court exercising probate jurisdiction that the county has made
diligent effort and no other suitable person can be found, a county employee may serve as
guardian or conservator.
new text end

new text begin (b) The county must not retaliate against the employee for any action taken on behalf
of the person subject to guardianship or conservatorship, even if the action is adverse to the
county's interests. Any person retaliated against in violation of this subdivision shall have
a cause of action against the county and is entitled to reasonable attorney fees and costs of
the action if the action is upheld by the court.
new text end

new text begin (c) The expenses of a legal intervention must be paid by the county in the case of indigent
persons under section 524.5-502 and chapter 563.
new text end

Sec. 12.

Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:

new text begin Subd. 11j. new text end

new text begin County social services agency; conflict of interest. new text end

new text begin (a) A county that
identifies a potential conflict of interest under paragraph (c) related to an investigation,
assessment, or protective services intervention must coordinate with another county social
services agency to delegate the initial county's authority as the lead investigative agency to
remediate the potential conflict. County social services agencies must cooperate and accept
jurisdiction when an initial county social services agency identifies a potential conflict of
interest and requests the other county's assistance.
new text end

new text begin (b) The initial county must notify the commissioner of human services when no other
county is available to accept delegation of adult protective services duties. If the
commissioner is notified that no other county is available, the commissioner may use the
authority under subdivision 9a to determine the county social services agency responsible
as lead investigative agency and for adult protective services.
new text end

new text begin (c) A county social services agency employee or designee must not have:
new text end

new text begin (1) a personal or family relationship with a party in the investigation or assessment;
new text end

new text begin (2) a dual relationship, as defined in Code of Federal Regulations, title 45, section
1324.401, with the vulnerable adult;
new text end

new text begin (3) a personal financial interest or financial relationship with a provider receiving referrals
from the employee; or
new text end

new text begin (4) any other appearance of conflict of interest as determined by the county social services
agency.
new text end

Sec. 13.

Minnesota Statutes 2024, section 626.557, subdivision 12b, is amended to read:

Subd. 12b.

Data management.

(a) In performing any of the duties of this section as a
lead investigative agency, the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency shall maintain appropriate
records. Data collected by the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency under this section while
providing adult protective services are welfare data under section 13.46. Investigative data
collected under this section are confidential data on individuals or protected nonpublic data
as defined under section 13.02. Notwithstanding section 13.46, subdivision 1, paragraph
(a), data under this paragraph that are inactive investigative data on an individual who is a
vendor of services are private data on individuals, as defined in section 13.02. The identity
of the reporter may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.

(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social deleted text begin servicedeleted text end new text begin servicesnew text end agencies must maintain private data on individuals but are not required
to prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02.
Upon completion of the investigation, the data are classified as provided in clauses (1) to
(3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive, false,
or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead investigative agency; and

(ix) when a lead investigative agency's determination has substantiated maltreatment, a
statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.

The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum are
private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

(c) The name of the reporter must be confidential. The subject of the report may compel
disclosure of the name of the reporter only with the consent of the reporter or upon a written
finding by a court that the report was false and there is evidence that the report was made
in bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure, except that where the identity of the reporter is relevant
to a criminal prosecution, the district court shall do an in-camera review prior to determining
whether to order disclosure of the identity of the reporter.

(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services new text begin and county adult protective services new text end must be
maintained under the following schedule and then destroyed unless otherwise directed by
federal requirements:

(1) data from reports determined to be false, maintained for three years after the finding
was madenew text begin for reports under the jurisdiction of the Department of Human Services or the
Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;

(2) data from reports determined to be inconclusive, maintained for four years after the
finding was madenew text begin for reports under the jurisdiction of the Department of Human Services
or the Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;

(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and

(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the reportnew text begin
for reports under the jurisdiction of the Department of Human Services or the Department
of Health and five years from the date of the report for reports under the jurisdiction of
county adult protective servicesnew text end .

(e) The commissioners of health and human services shall annually publish on their
websites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations.

deleted text begin (f) Each lead investigative agency must have a record retention policy.
deleted text end

deleted text begin (g)deleted text end new text begin (f)new text end Lead investigative agencies, county agencies responsible for adult protective
services, prosecuting authorities, and law enforcement agencies may exchange not public
data, as defined in section 13.02, with a tribal agency, facility, service provider, vulnerable
adult, primary support person for a vulnerable adult, new text begin emergency management service,
financial institution, medical examiner, new text end state licensing board, federal or state agency, the
ombudsman for long-term care, or the ombudsman for mental health and developmental
disabilities, if the agency or authority providing the data determines that the data are pertinent
and necessary to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable
adult, or for an investigation under this section. Data collected under this section must be
made available to prosecuting authorities and law enforcement officials, local county
agencies, new text begin the commissioner of human services as the state Medicaid agency, new text end and licensing
agencies investigating the alleged maltreatment under this section. The lead investigative
agency shall exchange not public data with the vulnerable adult maltreatment review panel
established in section 256.021 if the data are pertinent and necessary for a review requested
under that section. Notwithstanding section 138.17, upon completion of the review, not
public data received by the review panel must be destroyed.

deleted text begin (h)deleted text end new text begin (g)new text end Each lead investigative agency shall keep records of the length of time it takes
to complete its investigations.

deleted text begin (i)deleted text end new text begin (h)new text end A lead investigative agency may notify other affected parties and their authorized
representative if the lead investigative agency has reason to believe maltreatment has occurred
and determines the information will safeguard the well-being of the affected parties or dispel
widespread rumor or unrest in the affected facility.

deleted text begin (j)deleted text end new text begin (i)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.

new text begin (j) When a county agency acting as the lead investigative agency is aware the person
determined responsible for maltreatment is a guardian or conservator appointed under
chapter 524, the county agency must share the final determination with the state judicial
branch within 14 calendar days of the determination.
new text end

Sec. 14.

Minnesota Statutes 2024, section 626.5572, subdivision 2, is amended to read:

Subd. 2.

Abuse.

"Abuse" means:

(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,
or aiding and abetting a violation of:

(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;

(2) the use of drugs to injure or facilitate crime as defined in section 609.235;

(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and

(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.

A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.

(b) Conduct which is not an accident or therapeutic conduct as defined in this section,
which produces or could reasonably be expected to produce physical pain or injury or
emotional distress including, but not limited to, the following:

(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult;

(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable
adult or the treatment of a vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or threatening; or

(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adult unless authorized under applicable licensing requirements or Minnesota Rules, chapter
9544.

new text begin (c) Any contact with the vulnerable adult that is not therapeutic conduct and a reasonable
person would consider a sexual act or any nonconsensual sexual interaction with the
vulnerable adult, including but not limited to:
new text end

new text begin (1) making, viewing, or sharing sexual images or videos with or of the vulnerable adult;
and
new text end

new text begin (2) using oral, written, gestured, or electronic communication that is sexually harassing,
including but not limited to unwelcome sexual advances or requests for sexual favors.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end Any sexual contact or penetration as defined in section 609.341, between a facility
staff person or a person providing services in the facility and a resident, patient, or client
of that facility.

deleted text begin (d)deleted text end new text begin (e)new text end The act of forcing, compelling, coercing, or enticing a vulnerable adult against
the vulnerable adult's will to perform services for the advantage of another.

deleted text begin (e)deleted text end new text begin (f)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section
253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority
and within the boundary of reasonable medical practice, to any therapeutic conduct, including
any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition
of the vulnerable adult or, where permitted under law, to provide nutrition and hydration
parenterally or through intubation. This paragraph does not enlarge or diminish rights
otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.

deleted text begin (f)deleted text end new text begin (g)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult.

deleted text begin (g)deleted text end new text begin (h)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with:

(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.

Sec. 15.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Adult protective services. new text end

new text begin "Adult protective services" means an adult
protection program administered by a county social services agency under the authority of
the agency's governing body or delegated to a Tribal government by the commissioner of
human services to support adults referred for maltreatment to live safely and with dignity.
new text end

Sec. 16.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Assessment. new text end

new text begin "Assessment" means a structured process conducted by a county
social services agency to review the safety, strengths, and needs of an adult referred as
vulnerable and maltreated and accepted by the agency for adult protective services and to
develop a service plan to stop, prevent, and reduce risk of maltreatment for the adult using
standardized tools provided by the Department of Human Services.
new text end

Sec. 17.

Minnesota Statutes 2024, section 626.5572, subdivision 9, is amended to read:

Subd. 9.

Financial exploitation.

"Financial exploitation" means:

(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent
regulations, contractual obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501, a person:

(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable
adult which results or is likely to result in detriment to the vulnerable adult; or

(2) fails to use the financial resources of the vulnerable adult to provide food, clothing,
shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the
failure results or is likely to result in detriment to the vulnerable adult.

(b) In the absence of legal authority a person:

(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;

(2) obtains for the actor or another the performance of services by deleted text begin a third persondeleted text end new text begin the
vulnerable adultnew text end for the wrongful profit or advantage of the actor or another to the detriment
of the vulnerable adult;

(3) acquires possession or control of, or an interest in, funds or property of a vulnerable
adult through the use of undue influence, harassment, duress, deception, or fraud; or

(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's
will to perform services for the profit or advantage of another.

(c) Nothing in this definition requires a facility or caregiver to provide financial
management or supervise financial management for a vulnerable adult except as otherwise
required by law.

Sec. 18.

Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:

new text begin Subd. 12a. new text end

new text begin Investigation. new text end

new text begin "Investigation" means activities for fact gathering conducted
by the lead investigative agency to make a final determination of maltreatment.
new text end

Sec. 19.

Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, is amended
to read:

Subd. 13.

Lead investigative agency.

"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.

(a) The Department of Health is the lead investigative agency for facilities or services
licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
care homes, hospice providers, residential facilities that are also federally certified as
intermediate care facilities that serve people with developmental disabilities, or any other
facility or service not listed in this subdivision that is licensed or required to be licensed by
the Department of Health for the care of vulnerable adults. "Home care provider" has the
meaning provided in section 144A.43, subdivision 4, and applies when care or services are
delivered in the vulnerable adult's home.

(b) The Department of Human Services is the lead investigative agency for facilities or
services licensed or required to be licensed as adult day care, adult foster care, community
residential settings, programs for people with disabilities, EIDBI agencies, family adult day
services, mental health programs, mental health clinics, substance use disorder programs,
the Minnesota Sex Offender Program, or any other facility or service not listed in this
subdivision that is licensed or required to be licensed by the Department of Human Services.
The Department of Human Services is also the lead investigative agency for unlicensed
EIDBI agencies under section 256B.0949.

(c) The county social deleted text begin servicedeleted text end new text begin servicesnew text end agency new text begin adult protective services new text end or deleted text begin itsdeleted text end new text begin the agency'snew text end
designee new text begin or a federally recognized Indian Tribe that entered into a contractual agreement
with the commissioner of human services to operate adult protective services new text end is the lead
investigative agency for all other reports, including but not limited to reports involving
vulnerable adults receiving services from a personal care provider organization under section
256B.0659new text begin or 256B.85new text end .

Sec. 20.

Minnesota Statutes 2024, section 626.5572, subdivision 17, is amended to read:

Subd. 17.

Neglect.

(a) "Neglect" means neglect by a caregiver or self-neglect.

(b) "Caregiver neglect" means the failure or omission by a caregiver to supply a
vulnerable adult with care or services, including but not limited to, food, clothing, shelter,
health care, or supervision which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of the
vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(c) "Self-neglect" means neglect by a vulnerable adult of the vulnerable adult's own
food, clothing, shelter, health care, new text begin financial management, new text end or other services that are not the
responsibility of a caregiver which a reasonable person would deem essential to obtain or
maintain the vulnerable adult's health, safety, or comfort.

(d) For purposes of this section, a vulnerable adult is not neglected for the sole reason
that:

(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult, or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does not enlarge
or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; deleted text begin or
deleted text end

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; deleted text begin or
deleted text end

(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult which does not result in injury or harm which reasonably requires medical or mental
health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult that results in injury or harm, which reasonably requires the care of a physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition of the
vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section 626.557,
and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar errors;
and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.

(e) Nothing in this definition requires a caregiver, if regulated, to provide services in
excess of those required by the caregiver's license, certification, registration, or other
regulation.

(f) If the findings of an investigation by a lead investigative agency result in a
determination of substantiated maltreatment for the sole reason that the actions required of
a facility under paragraph (d), clause (5), item (iv), (v), or (vi), were not taken, then the
facility is subject to a correction order. An individual will not be found to have neglected
or maltreated the vulnerable adult based solely on the facility's not having taken the actions
required under paragraph (d), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section 626.557, subdivision
9c, paragraph (f).

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 626.557, subdivision 10, new text end new text begin is repealed.
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

ARTICLE 9

MISCELLANEOUS POLICY

Section 1.

Minnesota Statutes 2024, section 62Q.75, subdivision 4, is amended to read:

Subd. 4.

Claims adjustment timeline.

(a) Once a clean claim, as defined in section
62Q.75, subdivision 1, has been paid, the contract must provide a 12-month deadline on all
adjustments to and recoupments of the payment with the exception of payments related to
deleted text begin coordination of benefits, subrogation, duplicate claims, retroactive terminations, anddeleted text end cases
of fraud and abuse.

(b) Paragraph (a) shall not apply to pharmacy contracts entered into between or on behalf
of health plan companies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027, and applies to all
contracts effective on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2025 Supplement, section 245C.03, subdivision 6, is amended
to read:

Subd. 6.

Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities deleted text begin and providers of housing stabilization
servicesdeleted text end .

(a) For providers of services specified in the federally approved home and
community-based waiver plans under section 256B.4912 deleted text begin and providers of housing
stabilization services under section 256B.051deleted text end , the commissioner shall conduct background
studies on any individual who is an owner with at least a five percent ownership stake in
the provider, an operator of the provider, or an employee or volunteer for the provider who
has direct contact with people receiving the services. The individual studied must meet the
requirements of this chapter prior to providing waiver services and as part of ongoing
enrollment.

(b) The requirements in paragraph (a) apply to consumer-directed community supports
under section 256B.4911.

(c) For purposes of this section, "operator" includes but is not limited to a managerial
officer who oversees the billing, management, or policies of the services provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2025 Supplement, section 245C.10, subdivision 6, is amended
to read:

Subd. 6.

Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities deleted text begin and providers of housing stabilization
servicesdeleted text end .

The commissioner shall recover the cost of background studies initiated by
unlicensed home and community-based waiver providers of service to seniors and individuals
with disabilities under section 256B.4912 deleted text begin and providers of housing stabilization services
under section 256B.051deleted text end through a fee of no more than $44 per study.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2025 Supplement, section 256B.04, subdivision 21, is amended
to read:

Subd. 21.

Provider enrollment.

(a) The commissioner shall enroll providers and conduct
screening activities as required by Code of Federal Regulations, title 42, section 455, subpart
E. A provider must enroll each provider-controlled location where direct services are
provided. The commissioner may deny a provider's incomplete application if a provider
fails to respond to the commissioner's request for additional information within 60 days of
the request. The commissioner must conduct a background study under chapter 245C,
including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses
(1) to (5), for a provider described in this paragraph. The background study requirement
may be satisfied if the commissioner conducted a fingerprint-based background study on
the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph
(a), clauses (1) to (5).

(b) The commissioner shall revalidate:

(1) each provider under this subdivision at least once every five years;

(2) each personal care assistance agency, CFSS provider-agency, and CFSS financial
management services provider under this subdivision at least once every three years;

(3) each EIDBI agency under this subdivision at least once every three years; and

(4) at the commissioner's discretion, any medical-assistance-only provider type the
commissioner deems "high-risk" under this subdivision.

(1) provide 30-day notice of the revalidation due date including instructions for
revalidation and a list of materials the provider must submit;

(2) if a provider fails to submit all required materials by the due date, notify the provider
of the deficiency within 30 days after the due date and allow the provider an additional 30
days from the notification date to comply; and

(3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day
notice of termination and immediately suspend the provider's ability to bill. The provider
does not have the right to appeal suspension of ability to bill.

(d) If a provider fails to comply with any individual provider requirement or condition
of participation, the commissioner may suspend the provider's ability to bill until the provider
comes into compliance. The commissioner's decision to suspend the provider is not subject
to an administrative appeal.

(e) Correspondence and notifications, including notifications of termination and other
actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph
does not apply to correspondences and notifications related to background studies.

(f) If the commissioner or the Centers for Medicare and Medicaid Services determines
that a provider is designated "high-risk," the commissioner may withhold payment from
providers within that category upon initial enrollment for a 90-day period. The withholding
for each provider must begin on the date of the first submission of a claim.

(g) An enrolled provider that is also licensed by the commissioner under chapter 245A,
is licensed as a home care provider by the Department of Health under chapter 144A, or is
licensed as an assisted living facility under chapter 144G and has a home and
community-based services designation on the home care license under section 144A.484,
must designate an individual as the entity's compliance officer. The compliance officer
must:

(1) develop policies and procedures to assure adherence to medical assistance laws and
regulations and to prevent inappropriate claims submissions;

(2) train the employees of the provider entity, and any agents or subcontractors of the
provider entity including billers, on the policies and procedures under clause (1);

(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;

(4) use evaluation techniques to monitor compliance with medical assistance laws and
regulations;

(5) promptly report to the commissioner any identified violations of medical assistance
laws or regulations; and

(6) within 60 days of discovery by the provider of a medical assistance reimbursement
overpayment, report the overpayment to the commissioner and make arrangements with
the commissioner for the commissioner's recovery of the overpayment.

The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.

(h) The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year, if the provider fails to maintain and, upon request
from the commissioner, provide access to documentation relating to written orders or requests
for payment for durable medical equipment, certifications for home health services, or
referrals for other items or services written or ordered by such provider, when the
commissioner has identified a pattern of a lack of documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one occasion.
Nothing in this paragraph limits the authority of the commissioner to sanction a provider
under the provisions of section 256B.064.

(i) The commissioner shall terminate or deny the enrollment of any individual or entity
if the individual or entity has been terminated from participation in Medicare or under the
Medicaid program or Children's Health Insurance Program of any other state. The
commissioner may exempt a rehabilitation agency from termination or denial that would
otherwise be required under this paragraph, if the agency:

(1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;

(2) meets all other applicable Medicare certification requirements based on an on-site
review completed by the commissioner of health; and

(3) serves primarily a pediatric population.

(j) As a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.

(k) As a condition of enrollment in medical assistance, the commissioner shall require
that a high-risk provider, or a person with a direct or indirect ownership interest in the
provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
high-risk for fraud, waste, or abuse.

(l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause (3),
operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
annually renewed and designates the Minnesota Department of Human Services as the
obligee, and must be submitted in a form approved by the commissioner. For purposes of
this clause, the following medical suppliers are not required to obtain a surety bond: a
federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.

(2) At the time of initial enrollment or reenrollment, durable medical equipment providers
and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions
from a surety bond must occur within six years from the date the debt is affirmed by a final
agency decision. An agency decision is final when the right to appeal the debt has been
exhausted or the time to appeal has expired under section 256B.064.

(3) "Durable medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public and is able
to perform or arrange for necessary repairs to and maintenance of equipment offered for
sale or rental.

(m) The Department of Human Services may require a provider to purchase a surety
bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
if: (1) the provider fails to demonstrate financial viability, (2) the department determines
there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph (f) and as
per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
amount of $100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the
Department of Human Services as an obligee and must allow for recovery of costs and fees
in pursuing a claim on the bond. This paragraph does not apply if the provider currently
maintains a surety bond under the requirements in section deleted text begin 256B.051,deleted text end 256B.0659, 256B.0701,
or 256B.85.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2024, section 256B.0658, is amended to read:

256B.0658 HOUSING ACCESS GRANTS.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

The commissioner of human services shall award through
a competitive process contracts for grants to public and private agencies to support and
assist individuals with a disability deleted text begin as defined in section 256B.051, subdivision 2, paragraph
(e),deleted text end to access housing.

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin (a)new text end new text begin For the purposes of this section, the term defined in this
subdivision has the meaning given.
new text end

new text begin (b) "Individual with a disability" means:
new text end

new text begin (1) an individual who is aged, blind, or disabled as determined by the criteria under
sections 216(i)(1) and 221 of the Social Security Act; or
new text end

new text begin (2) an individual who meets a category of eligibility under section 256D.05, subdivision
1, paragraph (a), clause (1), (4), (5) to (8), or (13).
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of grant funds. new text end

Grants may be awarded to agencies that may
include, but are not limited to, the following supports: assessment to ensure suitability of
housing, accompanying an individual to look at housing, filling out applications and rental
agreements, meeting with landlords, helping with Section 8 or other program applications,
helping to develop a budget, obtaining furniture and household goods, if necessary, and
assisting with any problems that may arise with housing.

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.

Minnesota Statutes 2025 Supplement, section 256B.0701, subdivision 9, is amended
to read:

Subd. 9.

Provider qualifications and duties.

A provider is eligible for reimbursement
under this section only if the provider:

(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk
assessment under subdivision 10;

(2) is enrolled as a medical assistance Minnesota health care program provider and meets
all applicable provider standards and requirements;

deleted text begin (3) demonstrates compliance with federal and state laws and policies for housing
stabilization services as determined by the commissioner;
deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end complies with background study requirements under chapter 245C and maintains
documentation of background study requests and results;

deleted text begin (5)deleted text end new text begin (4)new text end provides at the time of enrollment, reenrollment, and revalidation in a format
determined by the commissioner, proof of surety bond coverage for each business location
providing services. Upon new enrollment, or if the provider's medical assistance revenue
in the previous calendar year is $300,000 or less, the provider agency must purchase a surety
bond of $50,000. If the provider's medical assistance revenue in the previous year is over
$300,000, the provider agency must purchase a surety bond of $100,000. The surety bond
must be in a form approved by the commissioner, must be renewed annually, and must
allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain
monetary recovery or sanctions from a surety bond must occur within six years from the
date the debt is affirmed by a final agency decision. An agency decision is final when the
right to appeal the debt has been exhausted or the time to appeal has expired under section
256B.064;

deleted text begin (6)deleted text end new text begin (5)new text end ensures all controlling individuals and employees of the agency complete annual
vulnerable adult training;

deleted text begin (7)deleted text end new text begin (6)new text end completes compliance training as required under subdivision 11; and

deleted text begin (8)deleted text end new text begin (7)new text end complies with the habitability inspection requirements in subdivision 13.

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.

Minnesota Statutes 2024, section 256L.03, subdivision 1, is amended to read:

Subdivision 1.

Covered health services.

(a) "Covered health services" means the health
services reimbursed under chapter 256B, with the exception of special education services,
home care nursing services, nonemergency medical transportation services, personal care
assistance and case management services, community first services and supports under
section 256B.85, behavioral health home services under section 256B.0757, deleted text begin housing
stabilization services under section 256B.051,deleted text end and nursing home or intermediate care facilities
services.

(b) Covered health services shall be expanded as provided in this section.

(c) For the purposes of covered health services under this section, "child" means an
individual younger than 19 years of age.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin DIRECTION TO COMMISSIONER; RULEMAKING.
new text end

new text begin The commissioner of human services must amend Minnesota Rules, part 9505.2165,
subpart 4, item C, to remove the citation to United States Code, title 42, section
1320a-7b(b)(3)(D), and insert a citation to United States Code, title 42, section 1320a-7b(b).
The commissioner may use the procedure under Minnesota Statutes, section 14.388,
subdivision 1, clause (3), for changes to Minnesota Rules pursuant to this section. Minnesota
Statutes, section 14.386, does not apply to rules adopted pursuant to this section except as
provided under Minnesota Statutes, section 14.388.
new text end

Sec. 9. new text begin DIRECTION TO COMMISSIONER; UNREDACTED INITIAL OPTUM
REPORTS.
new text end

new text begin (a) For purposes of this section, "initial Optum reports" means the reports produced by
Optum, Inc., under contract with the Department of Human Services and announced in the
news release from the department on February 6, 2026.
new text end

new text begin (b) Notwithstanding any law to the contrary, upon a joint request by the chairs and
ranking minority members of a legislative committee with jurisdiction over human services
policy and finance, the commissioner of human services must immediately release the initial
Optum reports to the members of that legislative committee in the reports' entirety without
redactions or edits, except for redactions requested by Optum to protect proprietary
information. Legislators or legislative staff who receive initial Optum reports under this
section must not disseminate or publicize any not public data, as defined in Minnesota
Statutes, section 13.02, subdivision 8a, that the reports contain.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 14 days following final enactment.
new text end

Sec. 10. new text begin OPTUM PROHIBITED FROM DISSEMINATING PRIVATE DATA.
new text end

new text begin Optum, Inc., must not sell, share, or disseminate any private data on individuals, as
defined in Minnesota Statutes, section 13.02, subdivision 12, that Optum receives under or
incidental to Optum's contract or engagement with the Department of Human Services
pursuant to the governor's Executive Order No. 25-10.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 256B.051, subdivisions 1, 4, and 7, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, section 256B.051, subdivisions 2, 3, 5, 6, 6a,
6b, 8, 9, and 10, new text end new text begin are repealed.
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

APPENDIX

Repealed Minnesota Statutes: H0729-2

254B.052 PEER RECOVERY SUPPORT SERVICES REQUIREMENTS.

Subd. 6.

Monetary recovery.

Peer recovery support services not provided in accordance with this section are subject to monetary recovery under section 256B.064 as money improperly paid.

256B.051 HOUSING STABILIZATION SERVICES.

Subdivision 1.

Purpose.

Housing stabilization services are established to provide housing stabilization services to an individual with a disability that limits the individual's ability to obtain or maintain stable housing. The services support an individual's transition to housing in the community and increase long-term stability in housing, to avoid future periods of being at risk of homelessness or institutionalization.

Subd. 2.

Definitions.

(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide housing stabilization services and that has the legal responsibility to ensure that its employees carry out the responsibilities defined in this section.

(c) "At-risk of homelessness" means (1) an individual that is faced with a set of circumstances likely to cause the individual to become homeless, or (2) an individual previously homeless, who will be discharged from a correctional, medical, mental health, or treatment center, who lacks sufficient resources to pay for housing and does not have a permanent place to live.

(d) "Commissioner" means the commissioner of human services.

(e) "Employee of an agency" or "employee" means any person who is employed by an agency temporarily, part time, or full time and who performs work for at least 80 hours in a year for that agency in Minnesota. Employee does not include an independent contractor.

(f) "Homeless" means an individual or family lacking a fixed, adequate nighttime residence.

(g) "Individual with a disability" means:

(1) an individual who is aged, blind, or disabled as determined by the criteria used by the title 11 program of the Social Security Act, United States Code, title 42, section 416, paragraph (i), item (1); or

(2) an individual who meets a category of eligibility under section 256D.05, subdivision 1, paragraph (a), clause (1), (4), (5) to (8), or (13).

(h) "Institution" means a setting as defined in section 256B.0621, subdivision 2, clause (3), and the Minnesota Security Hospital as defined in section 253.20.

Subd. 3.

Eligibility.

An individual with a disability is eligible for housing stabilization services if the individual:

(1) is 18 years of age or older;

(2) is enrolled in medical assistance;

(3) has income at or below 150 percent of the federal poverty level;

(4) has an assessment of functional need that determines a need for services due to limitations caused by the individual's disability;

(5) resides in or plans to transition to a community-based setting as defined in Code of Federal Regulations, title 42, section 441.301 (c); and

(6) has housing instability evidenced by:

(i) being homeless or at-risk of homelessness;

(ii) being in the process of transitioning from, or having transitioned in the past six months from, an institution or licensed or registered setting;

(iii) being eligible for waiver services under chapter 256S or section 256B.092 or 256B.49; or

(iv) having been identified by a long-term care consultation under section 256B.0911 as at risk of institutionalization.

Subd. 4.

Assessment requirements.

(a) An individual's assessment of functional need must be conducted by one of the following methods:

(1) an assessor according to the criteria established in section 256B.0911, subdivisions 17 to 21, 23, 24, and 29 to 31, using a format established by the commissioner;

(2) documented need for services as verified by a professional statement of need as defined in section 256I.03, subdivision 12; or

(3) according to the continuum of care coordinated assessment system established in Code of Federal Regulations, title 24, section 578.3, using a format established by the commissioner.

(b) An individual must be reassessed within one year of initial assessment, and annually thereafter.

Subd. 5.

Housing stabilization services.

(a) Housing stabilization services include housing transition services, housing and tenancy sustaining services, housing consultation services, and housing transition costs.

(b) Housing transition services are defined as:

(1) tenant screening and housing assessment;

(2) assistance with the housing search and application process;

(3) identifying resources to cover onetime moving expenses;

(4) ensuring a new living arrangement is safe and ready for move-in;

(5) assisting in arranging for and supporting details of a move; and

(6) developing a housing support crisis plan.

(1) prevention and early identification of behaviors that may jeopardize continued stable housing;

(2) education and training on roles, rights, and responsibilities of the tenant and the property manager;

(3) coaching to develop and maintain key relationships with property managers and neighbors;

(4) advocacy and referral to community resources to prevent eviction when housing is at risk;

(5) assistance with housing recertification process;

(6) coordination with the tenant to regularly review, update, and modify the housing support and crisis plan; and

(7) continuing training on being a good tenant, lease compliance, and household management.

(d) Housing consultation services assist an individual with developing a person-centered plan when the individual is not eligible to receive person-centered planning through any other service.

(e) Housing transition costs are available to persons transitioning from a provider-controlled setting to the person's own home and include:

(1) security deposits; and

(2) essential furnishings and supplies.

Subd. 6.

Agency qualifications and duties.

An agency is eligible for reimbursement under this section only if the agency:

(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk assessment under subdivision 6a;

(2) is enrolled as a medical assistance Minnesota health care program provider and meets all applicable provider standards and requirements;

(3) demonstrates compliance with federal and state laws and policies for housing stabilization services as determined by the commissioner;

(4) complies with background study requirements under chapter 245C and maintains documentation of background study requests and results;

(5) provides at the time of enrollment, reenrollment, and revalidation in a format determined by the commissioner, proof of surety bond coverage for each business location providing services. Upon new enrollment, or if the provider's medical assistance revenue in the previous calendar year is $300,000 or less, the provider agency must purchase a surety bond of $50,000. If the provider's medical assistance revenue in the previous year is over $300,000, the provider agency must purchase a surety bond of $100,000. The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a surety bond must occur within six years from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to appeal the debt has been exhausted or the time to appeal has expired under section 256B.064;

(6) directly provides housing stabilization services using employees of the agency and not by using a subcontractor or reporting agent;

(7) ensures all controlling individuals and employees of the agency complete annual vulnerable adult training; and

(8) completes compliance training as required under subdivision 6b.

Subd. 6a.

Pre-enrollment risk assessment.

(a) Prior to enrolling a housing stabilization services agency, the commissioner must complete a pre-enrollment risk assessment of the agency seeking to enroll to confirm the agency's eligibility and the agency's ability to meet the requirements of this section. In completing this assessment, the commissioner must consider:

(1) the potential agency's history of performing services similar to those required by this section;

(2) whether the services require the potential agency to perform duties at a significantly increased scale and, if so, whether the potential agency has the capability and organizational capacity to do so;

(3) the potential agency's financial information and internal controls; and

(4) the potential agency's compliance with other state and federal requirements, including but not limited to debarment and suspension status, and standing with the secretary of state, if applicable.

(b) At any time when completing the pre-enrollment risk assessment, if the commissioner determines that the potential agency does not have a history of performing similar duties, the potential agency does not demonstrate the capability and capacity to perform the duties at the scale and pace required, or the results of the financial information review raise concern, then the commissioner may deem the potential agency ineligible and deny or rescind enrollment. A potential agency may appeal a decision regarding its eligibility in writing within 30 business days. The commissioner must notify each potential agency of the commissioner's final decision regarding its eligibility.

(c) This subdivision is effective July 1, 2025. Any housing stabilization services provider enrolled before July 1, 2025, that billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment on a schedule determined by the commissioner and no later than July 1, 2026, to remain eligible. Any provider enrolled before July 1, 2025, that has not billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment to remain eligible.

Subd. 6b.

Requirements for provider enrollment.

(a) Effective January 1, 2027, to enroll as a housing stabilization services provider agency, an agency must require all owners of the agency who are active in the day-to-day management and operations of the agency and managerial and supervisory employees to complete compliance training before applying for enrollment and every three years thereafter. Mandatory compliance training format and content must be determined by the commissioner and must include the following topics:

(1) state and federal program billing, documentation, and service delivery requirements;

(2) enrollment requirements;

(3) provider program integrity, including fraud prevention, detection, and penalties;

(4) fair labor standards;

(5) workplace safety requirements; and

(6) recent changes in service requirements.

(b) New owners active in day-to-day management and operations of the agency and new managerial and supervisory employees must complete compliance training under this subdivision to be employed by or conduct management and operations activities for the agency. If an individual moves to another housing stabilization services provider agency and serves in a similar ownership or employment capacity, the individual is not required to repeat the training required under this subdivision if the individual documents completion of the training within the past three years.

(c) Any housing stabilization services provider agency enrolled before January 1, 2027, must complete the compliance training by January 1, 2028, and every three years thereafter.

Subd. 7.

Housing support supplemental service rates.

Supplemental service rates for individuals in settings according to sections 144D.025, 256I.04, subdivision 3, paragraph (a), clause (3), and 256I.05, subdivision 1g, shall be reduced by one-half over a two-year period. This reduction only applies to supplemental service rates for individuals eligible for housing stabilization services under this section.

Subd. 8.

Documentation requirements.

(a) An agency must document delivery of all services. The agency must collect and maintain the required information either electronically or in paper form and must produce the documents containing the information upon request by the commissioner.

(b) Documentation of a delivered service must be in English and must be legible according to the standard of a reasonable person.

(c) If the service is reimbursed at an hourly or specified minute-based rate, each documentation of the provision of a service, unless otherwise specified, must include:

(1) the full name of the service recipient;

(2) the date the documentation occurred;

(3) the day, month, and year the service was provided;

(4) the start and stop times with a.m. and p.m. designations, except for housing consultation services;

(5) the service name or description of the service provided for each date of service;

(6) the name, signature, and title, if any, of the employee of the agency that provided the service. If the service is provided by multiple employees, the agency may designate an employee responsible for verifying services and completing the documentation required by this paragraph;

(7) the signature of the service recipient and a statement that the recipient's signature is verification of the accuracy of the service documentation; and

(8) a statement that it is a federal crime to provide false information on housing stabilization services billings for medical assistance payments.

Subd. 9.

Service limits.

(a) Housing stabilization services must not exceed the limits in clauses (1) to (4):

(1) housing transition services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing and tenancy sustaining services;

(2) housing and tenancy sustaining services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing transition services;

(3) housing consultation services are available once annually per recipient and must be provided in person. Additional sessions of housing consultation services may be authorized by the commissioner if the recipient becomes homeless, the recipient experiences a significant change in condition that impacts the recipient's housing, or the recipient requests an update or change to the recipient's plan; and

(4) housing transition costs are limited to $3,000 annually.

(b) Remote support cannot be used for more than a total of 20 percent of all housing transition services and housing and tenancy sustaining services provided to a recipient in a calendar month and is limited to audio-only and accessible video-based platforms. A recipient may refuse, stop, or suspend the use of remote support at any time.

Subd. 10.

Service limit exceptions.

If a recipient requires services exceeding the limits described in subdivision 9, a provider may request authorization for additional hours in a format prescribed by the commissioner. Requests must specify the number of additional hours being requested to meet the recipient's needs and include sufficient documentation to justify the increase to billable hours. Exceptions to service limits are not allowed on the sole basis of changing providers and are limited to recipients who:

(1) become or are at risk of becoming homeless or institutionalized due to a significant change in condition;

(2) have a history of long-term homelessness;

(3) have a history of domestic violence; or

(4) have a criminal background that is a barrier to obtaining housing.

256B.0759 SUBSTANCE USE DISORDER DEMONSTRATION PROJECT.

Subd. 2.

Provider participation.

(a) Programs licensed by the Department of Human Services as nonresidential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2025. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(b) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(c) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter, are licensed as a hospital under sections 144.50 to 144.581, and provide only ASAM 3.7 medically monitored inpatient level of care are not required to enroll as demonstration project providers. Programs meeting these criteria must submit evidence of providing the required level of care to the commissioner to be exempt from enrolling in the demonstration.

(d) Programs licensed by the Department of Human Services as withdrawal management programs according to chapter 245F that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(e) Out-of-state residential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(f) Tribally licensed programs may elect to participate in the demonstration project and meet the requirements of subdivision 3. The Department of Human Services must consult with Tribal Nations to discuss participation in the substance use disorder demonstration project.

(g) The commissioner shall allow providers enrolled in the demonstration project before July 1, 2021, to receive applicable rate enhancements authorized under subdivision 4 for all services provided on or after the date of enrollment, except that the commissioner shall allow a provider to receive applicable rate enhancements authorized under subdivision 4 for services provided on or after July 22, 2020, to fee-for-service enrollees, and on or after January 1, 2021, to managed care enrollees, if the provider meets all of the following requirements:

(1) the provider attests that during the time period for which the provider is seeking the rate enhancement, the provider took meaningful steps in their plan approved by the commissioner to meet the demonstration project requirements in subdivision 3; and

(2) the provider submits attestation and evidence, including all information requested by the commissioner, of meeting the requirements of subdivision 3 to the commissioner in a format required by the commissioner.

(h) The commissioner may recoup any rate enhancements paid under paragraph (g) to a provider that does not meet the requirements of subdivision 3 by July 1, 2021.

Subd. 5.

Federal approval.

The commissioner shall seek federal approval to implement the demonstration project under this section and to receive federal financial participation.

256B.5012 ICF/DD PAYMENT SYSTEM IMPLEMENTATION.

Subd. 4.

ICF/DD rate increases beginning July 1, 2001, and July 1, 2002.

(a) For the rate years beginning July 1, 2001, and July 1, 2002, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 3.5 percent. Of this adjustment, two-thirds must be used as provided under paragraph (b) and one-third must be used for operating costs.

(b) The adjustment under this paragraph must be used to increase the wages and benefits and pay associated costs of all employees except administrative and central office employees, provided that this increase must be used only for wage and benefit increases implemented on or after the first day of the rate year and must not be used for increases implemented prior to that date.

(c) For each facility, the commissioner shall make available an adjustment using the percentage specified in paragraph (a) multiplied by the total payment rate, excluding the property-related payment rate, in effect on the preceding June 30. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.

(d) A facility whose payment rates are governed by closure agreements, receivership agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment otherwise granted under this subdivision.

(e) A facility may apply for the payment rate adjustment provided under paragraph (b). The application must be made to the commissioner and contain a plan by which the facility will distribute the adjustment in paragraph (b) to employees of the facility. For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2002, and March 31, 2003, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate year that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.

(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.

Subd. 5.

Rate increase effective June 1, 2003.

For rate periods beginning on or after June 1, 2003, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $3 per day. The increase shall not be subject to any annual percentage increase.

Subd. 6.

ICF/DD rate increases October 1, 2005, and October 1, 2006.

(a) For the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 2.2553 percent.

(b) 75 percent of the money resulting from the rate adjustment under paragraph (a) must be used to increase wages and benefits and pay associated costs for employees, except for administrative and central office employees. 75 percent of the money received by a facility as a result of the rate adjustment provided in paragraph (a) must be used only for wage, benefit, and staff increases implemented on or after the effective date of the rate increase each year, and must not be used for increases implemented prior to that date. The wage adjustment eligible employees may receive may vary based on merit, seniority, or other factors determined by the provider.

(c) For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in paragraph (a) multiplied by the total payment rate, including variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.

(d) A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.

(e) A facility may apply for the portion of the payment rate adjustment provided under paragraph (a) for employee wages and benefits and associated costs. The application must be made to the commissioner and contain a plan by which the facility will distribute the funds according to paragraph (b). For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2006, and December 31, 2006, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate period that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.

Subd. 7.

ICF/DD rate increases effective October 1, 2007, and October 1, 2008.

(a) For the rate year beginning October 1, 2007, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2007. For the rate year beginning October 1, 2008, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2008. For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in this paragraph multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12. A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.

(b) Seventy-five percent of the money resulting from the rate adjustments under paragraph (a) must be used for increases in compensation-related costs for employees directly employed by the facility on or after the effective date of the rate adjustments, except:

(1) the administrator;

(2) persons employed in the central office of a corporation that has an ownership interest in the facility or exercises control over the facility; and

(3) persons paid by the facility under a management contract.

(c) Two-thirds of the money available under paragraph (b) must be used for wage increases for all employees directly employed by the facility on or after the effective date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive under this paragraph must be paid as an equal hourly percentage wage increase for all eligible employees. All wage increases under this paragraph must be effective on the same date. Only costs associated with the portion of the equal hourly percentage wage increase that goes to all employees shall qualify under this paragraph. Costs associated with wage increases in excess of the amount of the equal hourly percentage wage increase provided to all employees shall be allowed only for meeting the requirements in paragraph (b). This paragraph shall not apply to employees covered by a collective bargaining agreement.

(d) The commissioner shall allow as compensation-related costs all costs for:

(1) wages and salaries;

(2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation;

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and pensions; and

(4) other benefits provided, subject to the approval of the commissioner.

(e) The portion of the rate adjustments under paragraph (a) that is not subject to the requirements in paragraphs (b) and (c) shall be provided to facilities effective October 1 of each year.

(f) Facilities may apply for the portion of the rate adjustments under paragraph (a) that is subject to the requirements in paragraphs (b) and (c). The application must be submitted to the commissioner within six months of the effective date of the rate adjustments, and the facility must provide additional information required by the commissioner within nine months of the effective date of the rate adjustments. The commissioner must respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in this paragraph under extraordinary circumstances, to be determined at the sole discretion of the commissioner. The application must contain:

(1) an estimate of the amounts of money that must be used as specified in paragraphs (b) and (c);

(2) a detailed distribution plan specifying the allowable compensation-related and wage increases the facility will implement to use the funds available in clause (1);

(3) a description of how the facility will notify eligible employees of the contents of the approved application, which must provide for giving each eligible employee a copy of the approved application, excluding the information required in clause (1), or posting a copy of the approved application, excluding the information required in clause (1), for a period of at least six weeks in an area of the facility to which all eligible employees have access; and

(4) instructions for employees who believe they have not received the compensation-related or wage increases specified in clause (2), as approved by the commissioner, and which must include a mailing address, email address, and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative.

(g) The commissioner shall ensure that cost increases in distribution plans under paragraph (f), clause (2), that may be included in approved applications, comply with requirements in clauses (1) to (4):

(1) costs to be incurred during the applicable rate year resulting from wage and salary increases effective after October 1, 2006, and prior to the first day of the facility's payroll period that includes October 1 of each year shall be allowed if they were not used in the prior year's application and they meet the requirements of paragraphs (b) and (c);

(2) a portion of the costs resulting from tenure-related wage or salary increases may be considered to be allowable wage increases, according to formulas that the commissioner shall provide, where employee retention is above the average statewide rate of retention of direct care employees;

(3) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1 of the year in which the rate adjustments are effective and prior to April 1 of the following year; and

(4) for facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, as regards members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.

(h) The commissioner shall review applications received under paragraph (f) and shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the requirements of this subdivision have been met. The rate adjustments shall be effective October 1 of each year. Notwithstanding paragraph (a), if the approved application distributes less money than is available, the amount of the rate adjustment shall be reduced so that the amount of money made available is equal to the amount to be distributed.

Subd. 8.

ICF/DD rate decreases effective July 1, 2009.

Effective July 1, 2009, the commissioner shall decrease each facility reimbursed under this section operating payment adjustments equal to 2.58 percent of the operating payment rates in effect on June 30, 2009. For each facility, the commissioner shall implement the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in subdivision 7.

Subd. 9.

ICF/DD rate increase effective July 1, 2011; Clearwater County.

Effective July 1, 2011, the commissioner shall increase the daily rate to $138.23 at an intermediate care facility for the developmentally disabled located in Clearwater County and classified as a class A facility with 15 beds.

Subd. 10.

ICF/DD rate decrease effective July 1, 2011; exception for Clearwater County.

For each facility reimbursed under this section, except for a facility located in Clearwater County and classified as a class A facility with 15 beds, the commissioner shall decrease operating payment rates equal to 0.095 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.

Subd. 11.

ICF/DD rate decrease effective July 1, 2011.

For each facility reimbursed under this section, the commissioner shall decrease operating payments equal to 1.5 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.

Subd. 12.

ICF/DD rate increase effective July 1, 2013.

For each facility reimbursed under this section, the commissioner shall increase operating payments equal to one-half percent of the operating payment rates in effect on June 30, 2013. For each facility, the commissioner shall apply the rate increase, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.

Subd. 14.

Rate increase effective June 1, 2013.

For rate periods beginning on or after June 1, 2013, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $7.81 per day. The increase shall not be subject to any annual percentage increase.

Subd. 15.

ICF/DD rate increases effective April 1, 2014.

(a) Notwithstanding subdivision 12, for each facility reimbursed under this section, for the rate period beginning April 1, 2014, the commissioner shall increase operating payments equal to one percent of the operating payment rates in effect on March 31, 2014.

(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate, but excluding the property-related payment rate in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.

Subd. 16.

ICF/DD rate increases effective July 1, 2014.

(a) For the rate period beginning July 1, 2014, the commissioner shall increase operating payments for each facility reimbursed under this section equal to five percent of the operating payment rates in effect on June 30, 2014.

(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate in effect on June 30, 2014. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.

(c) To receive the rate increase under paragraph (a), each facility reimbursed under this section must submit to the commissioner documentation that identifies a quality improvement project that the facility will implement by June 30, 2015. Documentation must be provided in a format specified by the commissioner. Projects must:

(1) improve the quality of life of intermediate care facility residents in a meaningful way;

(2) improve the quality of services in a measurable way; or

(3) deliver good quality service more efficiently while using the savings to enhance services for the participants served.

(d) For a facility that fails to submit the documentation described in paragraph (c) by a date or in a format specified by the commissioner, the commissioner shall reduce the facility's rate by one percent effective January 1, 2015.

(e) Facilities that receive a rate increase under this subdivision shall use 80 percent of the additional revenue to increase compensation-related costs for employees directly employed by the facility on or after July 1, 2014, except:

(1) persons employed in the central office of a corporation or entity that has an ownership interest in the facility or exercises control over the facility; and

(2) persons paid by the facility under a management contract.

This requirement is subject to audit by the commissioner.

(f) Compensation-related costs include:

(1) wages and salaries;

(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;

(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and

(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (i).

(g) For public employees under a collective bargaining agreement, the increase for wages and benefits is available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining. Money received by a facility under paragraph (e) for pay increases for public employees must be used only for pay increases implemented between July 1, 2014, and August 1, 2014.

(h) For a facility that has employees that are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (i), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent. Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the requirements of this subdivision in regard to the members of the bargaining unit. Upon request, the facility shall produce the letter of acceptance for the commissioner.

(i) A facility that receives a rate adjustment under paragraph (a) that is subject to paragraph (e) shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the facility expects to receive that is subject to the requirements of paragraph (e), including how that money will be distributed to increase compensation for employees. The commissioner may recover funds from a facility that fails to comply with this requirement.

(j) By January 1, 2015, the facility shall post the distribution plan required under paragraph (i) for a period of at least six weeks in an area of the facility's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan. The instructions must include a mailing address, email address, and telephone number that an employee may use to contact the commissioner or the commissioner's representative.

626.557 REPORTING OF MALTREATMENT OF VULNERABLE ADULTS.

Subd. 10.

Duties of county social service agency.

(a) When the common entry point refers a report to the county social service agency as the lead investigative agency or makes a referral to the county social service agency for emergency adult protective services, or when another lead investigative agency requests assistance from the county social service agency for adult protective services, the county social service agency shall immediately assess and offer emergency and continuing protective social services for purposes of preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable adult. The county shall use standardized tools and the data system made available by the commissioner. The information entered by the county into the standardized tool must be accessible to the Department of Human Services. In cases of suspected sexual abuse, the county social service agency shall immediately arrange for and make available to the vulnerable adult appropriate medical examination and treatment. When necessary in order to protect the vulnerable adult from further harm, the county social service agency shall seek authority to remove the vulnerable adult from the situation in which the maltreatment occurred. The county social service agency may also investigate to determine whether the conditions which resulted in the reported maltreatment place other vulnerable adults in jeopardy of being maltreated and offer protective social services that are called for by its determination.

(b) Within five business days of receipt of a report screened in by the county social service agency for investigation, the county social service agency shall determine whether, in addition to an assessment and services for the vulnerable adult, to also conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.

(c) The county social service agency must investigate for a final disposition the individual or facility alleged to have maltreated a vulnerable adult for each report accepted as lead investigative agency involving an allegation of abuse, caregiver neglect that resulted in harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation against a caregiver under chapter 256B.

(d) An investigating county social service agency must make a final disposition for any allegation when the county social service agency determines that a final disposition may safeguard a vulnerable adult or may prevent further maltreatment.

(e) If the county social service agency learns of an allegation listed in paragraph (c) after the determination in paragraph (a), the county social service agency must change the initial determination and conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.

(f) County social service agencies may enter facilities and inspect and copy records as part of an investigation. The county social service agency has access to not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to conduct its investigation. The inquiry is not limited to the written records of the facility, but may include every other available source of information.

(g) When necessary in order to protect a vulnerable adult from serious harm, the county social service agency shall immediately intervene on behalf of that adult to help the family, vulnerable adult, or other interested person by seeking any of the following:

(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section 518B.01;

(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A;

(3) replacement of a guardian or conservator suspected of maltreatment and appointment of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502; or

(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.

The expenses of legal intervention must be paid by the county in the case of indigent persons, under section 524.5-502 and chapter 563.

In proceedings under sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to petition for guardianship or conservatorship, a county employee shall present the petition with representation by the county attorney. The county shall contract with or arrange for a suitable person or organization to provide ongoing guardianship services. If the county presents evidence to the court exercising probate jurisdiction that it has made a diligent effort and no other suitable person can be found, a county employee may serve as guardian or conservator. The county shall not retaliate against the employee for any action taken on behalf of the person subject to guardianship or conservatorship, even if the action is adverse to the county's interest. Any person retaliated against in violation of this subdivision shall have a cause of action against the county and shall be entitled to reasonable attorney fees and costs of the action if the action is upheld by the court.

Office of the Revisor of Statutes

HF 729

Bill Text Versions

ARTICLE 1

DIRECT CARE AND TREATMENT POLICY

Section 1.

3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE INSTITUTIONS; CORRECTIONAL FACILITIES.

Sec. 2.

Subd. 4a.

Sex offender program data; challenges.

Sec. 3.

Subdivision 1.

deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .

Sec. 4.

Subd. 5a.

Limitation on disclosure of certain personnel data.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subdivision 1.

Definitions.

Sec. 6.

Subd. 2.

General.

Sec. 7.

182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.

Sec. 8.

new text begin [246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND TREATMENT EMPLOYEES. new text end

Sec. 9.

Subd. 6.

Consent for medical procedure.

Sec. 10.

Subd. 6.

Transfer.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subd. 14.

Voluntary readmission.

new text begin EFFECTIVE DATE. new text end

ARTICLE 2

DEPARTMENT OF HEALTH POLICY

Section 1.

Subd. 2b.

Boarding care homes.

Sec. 2.

Subd. 2.

Postacute care discharge planning.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subdivision 1.

Definitions.

Sec. 4.

Subd. 1a.

Scope.

Sec. 5.

Subd. 5.

Changes in ownership.

Sec. 6.

Subd. 11.

Fines.

Sec. 7.

Subdivision 1.

Membership.

Sec. 8.

Subd. 2.

Penalties.

Sec. 9.

new text begin Subd. 26a. new text end

new text begin Imminent risk. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 10.

new text begin Subd. 54a. new text end

new text begin Prone restraint. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 11.

new text begin Subd. 61a. new text end

new text begin Restraint. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 12.

new text begin Subd. 6. new text end

new text begin Correction orders and fines. new text end

3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
INSTITUTIONS; CORRECTIONAL FACILITIES.

new text begin [246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND
TREATMENT EMPLOYEES.
new text end

new text begin [144G.65] TRAINING IN EMERGENCY MANUAL RESTRAINTS.
new text end

new text begin [144G.85] USE OF RESTRAINTS.
new text end

Services that may not be provided in a boarding and lodging establishment
or lodging establishment.

Sec. 20. new text begin SPECIAL PROJECTS GRANT PROGRAM FOR HOME CARE
PROVIDERS.
new text end

new text begin [256B.0435] PREPAYMENT REVIEW.
new text end