SF 2598

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/18/2025 01:26 p.m.

A bill for an act
relating to human services; authorizing abbreviated annual reassessments of people
receiving disability waiver services; amending Minnesota Statutes 2024, section
256B.0911, subdivisions 24, 25.

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

Section 1.

Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to
read:

Subd. 24.

Remote reassessments.

(a) Assessments performed according to subdivisions
17 to 20 deleted text begin and deleted text end new text begin , new text end 23 new text begin , and 25, paragraph (b), new text end must be in person unless the assessment is a
reassessment meeting the requirements of this subdivision. Remote reassessments conducted
by interactive video or telephone may substitute for in-person reassessments.

(b) For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for two consecutive reassessments if followed by an in-person reassessment.

(c) For services provided by alternative care under section 256B.0913, essential
community supports under section 256B.0922, and the elderly waiver under chapter 256S,
remote reassessments may be substituted for one reassessment if followed by an in-person
reassessment.

(d) For personal care assistance provided under section 256B.0659 and community first
services and supports provided under section 256B.85, remote reassessments may be
substituted for two consecutive reassessments if followed by an in-person reassessment.

(e) A remote reassessment is permitted only if the lead agency provides informed choice
and the person being reassessed or the person's legal representative provides informed
consent for a remote assessment. Lead agencies must document that informed choice was
offered.

(f) The person being reassessed, or the person's legal representative, may refuse a remote
reassessment at any time.

(g) During a remote reassessment, if the certified assessor determines an in-person
reassessment is necessary in order to complete the assessment, the lead agency shall schedule
an in-person reassessment.

(h) All other requirements of an in-person reassessment apply to a remote reassessment,
including updates to a person's support plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 2.

Minnesota Statutes 2024, section 256B.0911, subdivision 25, is amended to read:

Subd. 25.

deleted text begin Reassessments deleted text end new text begin Reassessment frequency new text end for Rule 185 case management new text begin
and waiver services new text end .

new text begin (a) new text end Unless otherwise required by federal law, the county agency is
not required to conduct or arrange for an annual needs reassessment by a certified assessor
for people receiving Rule 185 case management under Minnesota Rules, part 9525.0016.
The case manager who works on behalf of the person to identify the person's needs and to
minimize the impact of the disability on the person's life must instead develop a
person-centered service plan based on the person's assessed needs and preferences. The
person-centered service plan must be reviewed annually for persons with developmental
disabilities who are receiving only case management services under Minnesota Rules, part
9525.0016, and who make an informed choice to decline an assessment under this section.

new text begin (b) A lead agency must conduct or arrange for a nonabbreviated reassessment at least
once every three years for each person who is receiving developmental disability waiver
services under section 256B.092 or community access for disability inclusion, community
alternative care, or brain injury waiver services under section 256B.49. The person or the
person's legal representative may request a nonabbreviated reassessment at any time.
new text end

new text begin (c) Unless otherwise required by federal law, for people age 22 to 64 with no significant
changes in function or needs, the lead agency may conduct or arrange for an annual
abbreviated assessment by the lead agency using a tool approved by the commissioner. A
person or the person's legal representative must make an informed choice to accept an annual
abbreviated assessment in lieu of annual reassessment. A lead agency may offer an
abbreviated reassessment under this paragraph only to individuals who are receiving
developmental disability waiver services under section 256B.092 or community access for
disability inclusion, community alternative care, or brain injury waiver services under section
256B.49. An abbreviated assessment conducted under this paragraph must:
new text end

new text begin (1) verify current assessed needs;
new text end

new text begin (2) confirm continued need for current level of care;
new text end

new text begin (3) inform the person of alternatives available under the waiver;
new text end

new text begin (4) provide informed choice of institutional or home and community-based services;
new text end

new text begin (5) screen for a change in need that may warrant a nonabbreviated reassessment;
new text end

new text begin (6) review the person-centered services plan; and
new text end

new text begin (7) reauthorize services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end