1.1 	A bill for an act
1.2 	relating to human services; modifying provisions relating to aging and older adult 
1.3 	services, disability services, substance use disorder treatment, housing supports, 
1.4 	health care, direct care and treatment services, and the Department of Health; 
1.5 	establishing the Department of Direct Care and Treatment and the Advisory Council 
1.6 	on Direct Care and Treatment; dissolving the Direct Care and Treatment executive 
1.7 	board; establishing the Age-Friendly Minnesota Council; repealing the legislative 
1.8 	task force on guardianship; extending the Mentally Ill and Dangerous Civil 
1.9 	Commitment Reform Task Force; making conforming changes; establishing grants; 
1.10 	requiring reports; appropriating money;amending Minnesota Statutes 2024, sections 
1.11 	10.65, subdivision 2; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2; 
1.12 	15A.082, subdivisions 1, 3, 7; 43A.08, subdivisions 1, 1a; 43A.241; 144A.071, 
1.13 	subdivisions 4a, 4c, 4d; 144A.161, subdivision 10; 144A.1888; 144A.351, 
1.14 	subdivision 1; 144A.474, subdivision 11; 144A.4799; 144G.31, subdivision 8; 
1.15 	144G.52, subdivisions 1, 2, 3, 5, 7, 8, 9, 10; 144G.53; 144G.54, subdivisions 2, 
1.16 	3, 7; 144G.55, subdivisions 1, 2; 179A.54, by adding a subdivision; 245.021; 
1.17 	245.073; 245A.042, by adding a subdivision; 245A.06, subdivisions 1a, 2; 245A.10, 
1.18 	subdivision 3; 245C.16, subdivision 1; 245D.091, subdivisions 2, 3; 245D.12; 
1.19 	245G.01, subdivision 13b, by adding subdivisions; 245G.02, subdivision 2; 
1.20 	245G.05, subdivision 1; 245G.07, subdivisions 1, 3, 4, by adding subdivisions; 
1.21 	245G.11, subdivisions 6, 7, by adding a subdivision; 245G.22, subdivisions 11, 
1.22 	15; 246.13, subdivision 1; 246B.01, by adding a subdivision; 246C.01; 246C.015, 
1.23 	subdivision 3, by adding a subdivision; 246C.02, subdivision 1; 246C.04, 
1.24 	subdivisions 2, 3; 246C.07, subdivisions 1, 2, 8; 246C.08; 246C.09, subdivision 
1.25 	3; 246C.091, subdivisions 2, 3, 4; 252.021, by adding a subdivision; 252.32, 
1.26 	subdivision 3; 252.50, subdivision 5; 253.195, by adding a subdivision; 253B.02, 
1.27 	subdivisions 3, 4c, by adding a subdivision; 253B.03, subdivision 7; 253B.041, 
1.28 	subdivision 4; 253B.09, subdivision 3a; 253B.18, subdivision 6; 253B.19, 
1.29 	subdivision 2; 253B.20, subdivision 2; 253D.02, subdivision 3, by adding a 
1.30 	subdivision; 254A.19, subdivision 4; 254B.01, subdivision 10; 254B.02, subdivision 
1.31 	5; 254B.03, subdivisions 1, 3; 254B.04, subdivisions 1a, 5, 6, 6a; 254B.05, 
1.32 	subdivisions 1, 4, 5, by adding a subdivision; 254B.06, by adding a subdivision; 
1.33 	254B.09, subdivision 2; 254B.19, subdivision 1; 256.01, subdivision 29; 256.043, 
1.34 	subdivision 3, by adding a subdivision; 256.045, subdivisions 6, 7, by adding a 
1.35 	subdivision; 256.476, subdivision 4; 256.9657, subdivision 1; 256B.04, subdivision 
1.36 	21; 256B.0625, subdivisions 5m, 17; 256B.0659, subdivision 17a; 256B.0757, 
1.37 	subdivision 4c; 256B.0761, subdivision 4; 256B.0911, subdivisions 24, 26, by 
1.38 	adding subdivisions; 256B.0924, subdivision 6; 256B.0949, subdivisions 2, 15, 
2.1 	16, 16a, by adding a subdivision; 256B.19, subdivision 1; 256B.431, subdivision 
2.2 	30; 256B.434, subdivision 4; 256B.4914, subdivisions 3, 5, 5a, 5b, 6a, 6b, 6c, 7a, 
2.3 	7b, 7c, 8, 9, by adding subdivisions; 256B.761; 256B.766; 256B.85, subdivisions 
2.4 	2, 5, 6, 7, 7a, 8, 8a, 11, 13, 16, 17, 17a, 20, by adding a subdivision; 256B.851, 
2.5 	subdivisions 5, 6, 7, by adding subdivisions; 256G.08, subdivisions 1, 2; 256G.09, 
2.6 	subdivisions 1, 2, 3; 256I.05, by adding subdivisions; 256R.02, subdivisions 18, 
2.7 	19, 22, by adding subdivisions; 256R.10, subdivision 8; 256R.23, subdivisions 5, 
2.8 	7, 8; 256R.24, subdivision 3; 256R.25; 256R.26, subdivision 9; 256R.27, 
2.9 	subdivisions 2, 3; 256R.43; 260E.14, subdivision 1; 352.91, subdivisions 2a, 3c, 
2.10 	3d, 4a; 524.3-801; 611.43, by adding a subdivision; 611.46, subdivision 1; 611.55, 
2.11 	by adding a subdivision; 611.57, subdivision 2; 626.5572, subdivision 13; Laws 
2.12 	2021, chapter 30, article 12, section 5, as amended; Laws 2021, First Special 
2.13 	Session chapter 7, article 13, sections 73; 75, subdivision 6, as amended; Laws 
2.14 	2023, chapter 61, article 1, section 61, subdivision 4; article 9, section 2, 
2.15 	subdivisions 13, 16, as amended; Laws 2024, chapter 127, article 49, section 9, 
2.16 	subdivisions 1, 8, 9, by adding a subdivision; article 50, section 41, subdivision 
2.17 	2; article 53, section 2, subdivisions 13, 15; proposing coding for new law in 
2.18 	Minnesota Statutes, chapters 245A; 245D; 246; 246C; 256; 256R; repealing 
2.19 	Minnesota Statutes 2024, sections 245A.042, subdivisions 2, 3, 4; 245G.01, 
2.20 	subdivision 20d; 245G.07, subdivision 2; 246B.01, subdivision 2; 246C.015, 
2.21 	subdivisions 5a, 6; 246C.06, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 246C.07, 
2.22 	subdivisions 4, 5; 252.021, subdivision 2; 253.195, subdivision 2; 253B.02, 
2.23 	subdivision 7b; 253D.02, subdivision 7a; 254B.01, subdivisions 5, 15; 256.045, 
2.24 	subdivision 1a; 256G.02, subdivision 5a; 256R.02, subdivision 38; 256R.12, 
2.25 	subdivision 10; 256R.23, subdivision 6; 256R.36; 256R.40; 256R.41; 256R.481; 
2.26 	Laws 2023, chapter 59, article 3, section 11; Laws 2024, chapter 79, article 1, 
2.27 	section 20; Laws 2024, chapter 125, article 5, sections 40; 41; Laws 2024, chapter 
2.28 	127, article 46, section 39; article 50, sections 40; 41, subdivisions 1, 3.
2.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.30 	ARTICLE 1
2.31 	AGING AND OLDER ADULT SERVICES

2.32 	Section 1. Minnesota Statutes 2024, section 144A.071, subdivision 4a, is amended to read:
2.33 		Subd. 4a.Exceptions for replacement beds.  It is in the best interest of the state to 
2.34 	ensure that nursing homes and boarding care homes continue to meet the physical plant 
2.35 	licensing and certification requirements by permitting certain construction projects. Facilities 
2.36 	should be maintained in condition to satisfy the physical and emotional needs of residents 
2.37 	while allowing the state to maintain control over nursing home expenditure growth.
2.38 	The commissioner of health in coordination with the commissioner of human services, 
2.39 	may approve the renovation, replacement, upgrading, or relocation of a nursing home or 
2.40 	boarding care home, under the following conditions:
2.41 	(a) to license or certify beds in a new facility constructed to replace a facility or to make 
2.42 	repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire, 
2.43 	lightning, or other hazard provided:
3.1 	(i) destruction was not caused by the intentional act of or at the direction of a controlling 
3.2 	person of the facility;
3.3 	(ii) at the time the facility was destroyed or damaged the controlling persons of the 
3.4 	facility maintained insurance coverage for the type of hazard that occurred in an amount 
3.5 	that a reasonable person would conclude was adequate;
3.6 	(iii) the net proceeds from an insurance settlement for the damages caused by the hazard 
3.7 	are applied to the cost of the new facility or repairs;
3.8 	(iv) the number of licensed and certified beds in the new facility does not exceed the 
3.9 	number of licensed and certified beds in the destroyed facility; and
3.10 	(v) the commissioner determines that the replacement beds are needed to prevent an 
3.11 	inadequate supply of beds.
3.12 	Project construction costs incurred for repairs authorized under this clause shall not be 
3.13 	considered in the dollar threshold amount defined in subdivision 2;
3.14 	(b) to license or certify beds that are moved from one location to another within a nursing 
3.15 	home facility, provided the total costs of remodeling performed in conjunction with the 
3.16 	relocation of beds does not exceed $1,000,000;
3.17 	(c) to license or certify beds in a project recommended for approval under section 
3.18 	144A.073;
3.19 	(d) to license or certify beds that are moved from an existing state nursing home to a 
3.20 	different state facility, provided there is no net increase in the number of state nursing home 
3.21 	beds;
3.22 	(e) to certify and license as nursing home beds boarding care beds in a certified boarding 
3.23 	care facility if the beds meet the standards for nursing home licensure, or in a facility that 
3.24 	was granted an exception to the moratorium under section 144A.073, and if the cost of any 
3.25 	remodeling of the facility does not exceed $1,000,000. If boarding care beds are licensed 
3.26 	as nursing home beds, the number of boarding care beds in the facility must not increase 
3.27 	beyond the number remaining at the time of the upgrade in licensure. The provisions 
3.28 	contained in section 144A.073 regarding the upgrading of the facilities do not apply to 
3.29 	facilities that satisfy these requirements;
3.30 	(f) to license and certify up to 40 beds transferred from an existing facility owned and 
3.31 	operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the 
3.32 	same location as the existing facility that will serve persons with Alzheimer's disease and 
3.33 	other related disorders. The transfer of beds may occur gradually or in stages, provided the 
4.1 	total number of beds transferred does not exceed 40. At the time of licensure and certification 
4.2 	of a bed or beds in the new unit, the commissioner of health shall delicense and decertify 
4.3 	the same number of beds in the existing facility. As a condition of receiving a license or 
4.4 	certification under this clause, the facility must make a written commitment to the 
4.5 	commissioner of human services that it will not seek to receive an increase in its 
4.6 	property-related payment rate as a result of the transfers allowed under this paragraph;
4.7 	(g) (f) to license and certify nursing home beds to replace currently licensed and certified 
4.8 	boarding care beds which may be located either in a remodeled or renovated boarding care 
4.9 	or nursing home facility or in a remodeled, renovated, newly constructed, or replacement 
4.10 	nursing home facility within the identifiable complex of health care facilities in which the 
4.11 	currently licensed boarding care beds are presently located, provided that the number of 
4.12 	boarding care beds in the facility or complex are decreased by the number to be licensed as 
4.13 	nursing home beds and further provided that, if the total costs of new construction, 
4.14 	replacement, remodeling, or renovation exceed ten percent of the appraised value of the 
4.15 	facility or $200,000, whichever is less, the facility makes a written commitment to the 
4.16 	commissioner of human services that it will not seek to receive an increase in its 
4.17 	property-related payment rate by reason of the new construction, replacement, remodeling, 
4.18 	or renovation. The provisions contained in section 144A.073 regarding the upgrading of 
4.19 	facilities do not apply to facilities that satisfy these requirements;
4.20 	(h) (g) to license as a nursing home and certify as a nursing facility a facility that is 
4.21 	licensed as a boarding care facility but not certified under the medical assistance program, 
4.22 	but only if the commissioner of human services certifies to the commissioner of health that 
4.23 	licensing the facility as a nursing home and certifying the facility as a nursing facility will 
4.24 	result in a net annual savings to the state general fund of $200,000 or more;
4.25 	(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home 
4.26 	beds in a facility that was licensed and in operation prior to January 1, 1992;
4.27 	(j) to license and certify new nursing home beds to replace beds in a facility acquired 
4.28 	by the Minneapolis Community Development Agency as part of redevelopment activities 
4.29 	in a city of the first class, provided the new facility is located within three miles of the site 
4.30 	of the old facility. Operating and property costs for the new facility must be determined and 
4.31 	allowed under section 256B.431 or 256B.434 or chapter 256R;
4.32 	(k) to license and certify up to 20 new nursing home beds in a community-operated 
4.33 	hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991, 
4.34 	that suspended operation of the hospital in April 1986. The commissioner of human services 
5.1 	shall provide the facility with the same per diem property-related payment rate for each 
5.2 	additional licensed and certified bed as it will receive for its existing 40 beds;
5.3 	(l) (h) to license or certify beds in renovation, replacement, or upgrading projects as 
5.4 	defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the 
5.5 	facility's remodeling projects do not exceed $1,000,000;
5.6 	(m) to license and certify beds that are moved from one location to another for the 
5.7 	purposes of converting up to five four-bed wards to single or double occupancy rooms in 
5.8 	a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity 
5.9 	of 115 beds;
5.10 	(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing 
5.11 	facility located in Minneapolis to layaway all of its licensed and certified nursing home 
5.12 	beds. These beds may be relicensed and recertified in a newly constructed teaching nursing 
5.13 	home facility affiliated with a teaching hospital upon approval by the legislature. The 
5.14 	proposal must be developed in consultation with the interagency committee on long-term 
5.15 	care planning. The beds on layaway status shall have the same status as voluntarily delicensed 
5.16 	and decertified beds, except that beds on layaway status remain subject to the surcharge in 
5.17 	section 256.9657. This layaway provision expires July 1, 1998;
5.18 	(o) to allow a project which will be completed in conjunction with an approved 
5.19 	moratorium exception project for a nursing home in southern Cass County and which is 
5.20 	directly related to that portion of the facility that must be repaired, renovated, or replaced, 
5.21 	to correct an emergency plumbing problem for which a state correction order has been 
5.22 	issued and which must be corrected by August 31, 1993;
5.23 	(p) (i) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified 
5.24 	nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the 
5.25 	commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed 
5.26 	wards to single or double occupancy. Beds on layaway status shall have the same status as 
5.27 	voluntarily delicensed and decertified beds except that beds on layaway status remain subject 
5.28 	to the surcharge in section 256.9657, remain subject to the license application and renewal 
5.29 	fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In 
5.30 	addition, at any time within three years of the effective date of the layaway, the beds on 
5.31 	layaway status may be:;
5.32 	(1) relicensed and recertified upon relocation and reactivation of some or all of the beds 
5.33 	to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or 
5.34 	International Falls; provided that the total project construction costs related to the relocation 
6.1 	of beds from layaway status for any facility receiving relocated beds may not exceed the 
6.2 	dollar threshold provided in subdivision 2 unless the construction project has been approved 
6.3 	through the moratorium exception process under section 144A.073;
6.4 	(2) relicensed and recertified, upon reactivation of some or all of the beds within the 
6.5 	facility which placed the beds in layaway status, if the commissioner has determined a need 
6.6 	for the reactivation of the beds on layaway status.
6.7 	The property-related payment rate of a facility placing beds on layaway status must be 
6.8 	adjusted by the incremental change in its rental per diem after recalculating the rental per 
6.9 	diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related 
6.10 	payment rate for a facility relicensing and recertifying beds from layaway status must be 
6.11 	adjusted by the incremental change in its rental per diem after recalculating its rental per 
6.12 	diem using the number of beds after the relicensing to establish the facility's capacity day 
6.13 	divisor, which shall be effective the first day of the month following the month in which 
6.14 	the relicensing and recertification became effective. Any beds remaining on layaway status 
6.15 	more than three years after the date the layaway status became effective must be removed 
6.16 	from layaway status and immediately delicensed and decertified;
6.17 	(q) to license and certify beds in a renovation and remodeling project to convert 12 
6.18 	four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing 
6.19 	home that, as of January 1, 1994, met the following conditions: the nursing home was located 
6.20 	in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the 
6.21 	top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total 
6.22 	project construction cost estimate for this project must not exceed the cost estimate submitted 
6.23 	in connection with the 1993 moratorium exception process;
6.24 	(r) to license and certify up to 117 beds that are relocated from a licensed and certified 
6.25 	138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds 
6.26 	located in South St. Paul, provided that the nursing facility and hospital are owned by the 
6.27 	same or a related organization and that prior to the date the relocation is completed the 
6.28 	hospital ceases operation of its inpatient hospital services at that hospital. After relocation, 
6.29 	the nursing facility's status shall be the same as it was prior to relocation. The nursing 
6.30 	facility's property-related payment rate resulting from the project authorized in this paragraph 
6.31 	shall become effective no earlier than April 1, 1996. For purposes of calculating the 
6.32 	incremental change in the facility's rental per diem resulting from this project, the allowable 
6.33 	appraised value of the nursing facility portion of the existing health care facility physical 
6.34 	plant prior to the renovation and relocation may not exceed $2,490,000;
7.1 	(s) to license and certify two beds in a facility to replace beds that were voluntarily 
7.2 	delicensed and decertified on June 28, 1991;
7.3 	(t) (j) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing 
7.4 	home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure 
7.5 	and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home 
7.6 	facility after completion of a construction project approved in 1993 under section 144A.073, 
7.7 	to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway 
7.8 	status shall have the same status as voluntarily delicensed or decertified beds except that 
7.9 	they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway 
7.10 	status may be relicensed as nursing home beds and recertified at any time within five years 
7.11 	of the effective date of the layaway upon relocation of some or all of the beds to a licensed 
7.12 	and certified facility located in Watertown, provided that the total project construction costs 
7.13 	related to the relocation of beds from layaway status for the Watertown facility may not 
7.14 	exceed the dollar threshold provided in subdivision 2 unless the construction project has 
7.15 	been approved through the moratorium exception process under section 144A.073.;
7.16 	The property-related payment rate of the facility placing beds on layaway status must 
7.17 	be adjusted by the incremental change in its rental per diem after recalculating the rental 
7.18 	per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related 
7.19 	payment rate for the facility relicensing and recertifying beds from layaway status must be 
7.20 	adjusted by the incremental change in its rental per diem after recalculating its rental per 
7.21 	diem using the number of beds after the relicensing to establish the facility's capacity day 
7.22 	divisor, which shall be effective the first day of the month following the month in which 
7.23 	the relicensing and recertification became effective. Any beds remaining on layaway status 
7.24 	more than five years after the date the layaway status became effective must be removed 
7.25 	from layaway status and immediately delicensed and decertified;
7.26 	(u) to license and certify beds that are moved within an existing area of a facility or to 
7.27 	a newly constructed addition which is built for the purpose of eliminating three- and four-bed 
7.28 	rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas 
7.29 	in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed 
7.30 	capacity of 129 beds;
7.31 	(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to 
7.32 	a 160-bed facility in Crow Wing County, provided all the affected beds are under common 
7.33 	ownership;
8.1 	(w) to license and certify a total replacement project of up to 49 beds located in Norman 
8.2 	County that are relocated from a nursing home destroyed by flood and whose residents were 
8.3 	relocated to other nursing homes. The operating cost payment rates for the new nursing 
8.4 	facility shall be determined based on the interim and settle-up payment provisions of section 
8.5 	256R.27 and the reimbursement provisions of chapter 256R. Property-related reimbursement 
8.6 	rates shall be determined under section 256R.26, taking into account any federal or state 
8.7 	flood-related loans or grants provided to the facility;
8.8 	(x) to license and certify to the licensee of a nursing home in Polk County that was 
8.9 	destroyed by flood in 1997 replacement projects with a total of up to 129 beds, with at least 
8.10 	25 beds to be located in Polk County and up to 104 beds distributed among up to three other 
8.11 	counties. These beds may only be distributed to counties with fewer than the median number 
8.12 	of age intensity adjusted beds per thousand, as most recently published by the commissioner 
8.13 	of human services. If the licensee chooses to distribute beds outside of Polk County under 
8.14 	this paragraph, prior to distributing the beds, the commissioner of health must approve the 
8.15 	location in which the licensee plans to distribute the beds. The commissioner of health shall 
8.16 	consult with the commissioner of human services prior to approving the location of the 
8.17 	proposed beds. The licensee may combine these beds with beds relocated from other nursing 
8.18 	facilities as provided in section 144A.073, subdivision 3c. The operating payment rates for 
8.19 	the new nursing facilities shall be determined based on the interim and settle-up payment 
8.20 	provisions of Minnesota Rules, parts 9549.0010 to 9549.0080. Property-related 
8.21 	reimbursement rates shall be determined under section 256R.26. If the replacement beds 
8.22 	permitted under this paragraph are combined with beds from other nursing facilities, the 
8.23 	rates shall be calculated as the weighted average of rates determined as provided in this 
8.24 	paragraph and section 256R.50;
8.25 	(y) to license and certify beds in a renovation and remodeling project to convert 13 
8.26 	three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and add 
8.27 	improvements in a nursing home that, as of January 1, 1994, met the following conditions: 
8.28 	the nursing home was located in Ramsey County, was not owned by a hospital corporation, 
8.29 	had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by 
8.30 	the 1993 moratorium exceptions advisory review panel. The total project construction cost 
8.31 	estimate for this project must not exceed the cost estimate submitted in connection with the 
8.32 	1993 moratorium exception process;
8.33 	(z) to license and certify up to 150 nursing home beds to replace an existing 285 bed 
8.34 	nursing facility located in St. Paul. The replacement project shall include both the renovation 
8.35 	of existing buildings and the construction of new facilities at the existing site. The reduction 
9.1 	in the licensed capacity of the existing facility shall occur during the construction project 
9.2 	as beds are taken out of service due to the construction process. Prior to the start of the 
9.3 	construction process, the facility shall provide written information to the commissioner of 
9.4 	health describing the process for bed reduction, plans for the relocation of residents, and 
9.5 	the estimated construction schedule. The relocation of residents shall be in accordance with 
9.6 	the provisions of law and rule;
9.7 	(aa) to allow the commissioner of human services to license an additional 36 beds to 
9.8 	provide residential services for the physically disabled under Minnesota Rules, parts 
9.9 	9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that 
9.10 	the total number of licensed and certified beds at the facility does not increase;
9.11 	(bb) to license and certify a new facility in St. Louis County with 44 beds constructed 
9.12 	to replace an existing facility in St. Louis County with 31 beds, which has resident rooms 
9.13 	on two separate floors and an antiquated elevator that creates safety concerns for residents 
9.14 	and prevents nonambulatory residents from residing on the second floor. The project shall 
9.15 	include the elimination of three- and four-bed rooms;
9.16 	(cc) (k) to license and certify four beds in a 16-bed certified boarding care home in 
9.17 	Minneapolis to replace beds that were voluntarily delicensed and decertified on or before 
9.18 	March 31, 1992. The licensure and certification is conditional upon the facility periodically 
9.19 	assessing and adjusting its resident mix and other factors which may contribute to a potential 
9.20 	institution for mental disease declaration. The commissioner of human services shall retain 
9.21 	the authority to audit the facility at any time and shall require the facility to comply with 
9.22 	any requirements necessary to prevent an institution for mental disease declaration, including 
9.23 	delicensure and decertification of beds, if necessary; or
9.24 	(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80 
9.25 	beds as part of a renovation project. The renovation must include construction of an addition 
9.26 	to accommodate ten residents with beginning and midstage dementia in a self-contained 
9.27 	living unit; creation of three resident households where dining, activities, and support spaces 
9.28 	are located near resident living quarters; designation of four beds for rehabilitation in a 
9.29 	self-contained area; designation of 30 private rooms; and other improvements;
9.30 	(ee) to license and certify beds in a facility that has undergone replacement or remodeling 
9.31 	as part of a planned closure under section 256R.40;
9.32 	(ff) to license and certify a total replacement project of up to 124 beds located in Wilkin 
9.33 	County that are in need of relocation from a nursing home significantly damaged by flood. 
9.34 	The operating cost payment rates for the new nursing facility shall be determined based on 
10.1 	the interim and settle-up payment provisions of section 256R.27 and the reimbursement 
10.2 	provisions of chapter 256R. Property-related reimbursement rates shall be determined under 
10.3 	section 256R.26, taking into account any federal or state flood-related loans or grants 
10.4 	provided to the facility;
10.5 	(gg) to allow the commissioner of human services to license an additional nine beds to 
10.6 	provide residential services for the physically disabled under Minnesota Rules, parts 
10.7 	9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the 
10.8 	total number of licensed and certified beds at the facility does not increase;
10.9 	(hh) to license and certify up to 120 new nursing facility beds to replace beds in a facility 
10.10 	in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the new 
10.11 	facility is located within four miles of the existing facility and is in Anoka County. Operating 
10.12 	and property rates shall be determined and allowed under chapter 256R and Minnesota 
10.13 	Rules, parts 9549.0010 to 9549.0080; or
10.14 	(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County that, 
10.15 	as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit 
10.16 	nursing facility located in the city of Columbia Heights or its affiliate. The transfer is effective 
10.17 	when the receiving facility notifies the commissioner in writing of the number of beds 
10.18 	accepted. The commissioner shall place all transferred beds on layaway status held in the 
10.19 	name of the receiving facility. The layaway adjustment provisions of section 256B.431, 
10.20 	subdivision 30, do not apply to this layaway. The receiving facility may only remove the 
10.21 	beds from layaway for recertification and relicensure at the receiving facility's current site, 
10.22 	or at a newly constructed facility located in Anoka County. The receiving facility must 
10.23 	receive statutory authorization before removing these beds from layaway status, or may 
10.24 	remove these beds from layaway status if removal from layaway status is part of a 
10.25 	moratorium exception project approved by the commissioner under section 144A.073.
10.26 	(l) to license or certify beds under provisions coded in this subdivision before the 
10.27 	enactment of this law as paragraphs (f), (i) to (k), (m) to (bb), and (dd) to (ii).

10.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.29 	Sec. 2. Minnesota Statutes 2024, section 144A.071, subdivision 4c, is amended to read:
10.30 		Subd. 4c.Exceptions for replacement beds after June 30, 2003. (a) The commissioner 
10.31 	of health, in coordination with the commissioner of human services, may approve the 
10.32 	renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, 
10.33 	under the following conditions:
11.1 	(1) to license and certify an 80-bed city-owned facility in Nicollet County to be 
11.2 	constructed on the site of a new city-owned hospital to replace an existing 85-bed facility 
11.3 	attached to a hospital that is also being replaced. The threshold allowed for this project 
11.4 	under section 144A.073 shall be the maximum amount available to pay the additional 
11.5 	medical assistance costs of the new facility;
11.6 	(2) to license and certify 29 beds to be added to an existing 69-bed facility in St. Louis 
11.7 	County, provided that the 29 beds must be transferred from active or layaway status at an 
11.8 	existing facility in St. Louis County that had 235 beds on April 1, 2003.
11.9 	The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment 
11.10 	rate at that facility shall not be adjusted as a result of this transfer. The operating payment 
11.11 	rate of the facility adding beds after completion of this project shall be the same as it was 
11.12 	on the day prior to the day the beds are licensed and certified. This project shall not proceed 
11.13 	unless it is approved and financed under the provisions of section 144A.073;
11.14 	(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of the new 
11.15 	beds are transferred from a 45-bed facility in Austin under common ownership that is closed 
11.16 	and 15 of the new beds are transferred from a 182-bed facility in Albert Lea under common 
11.17 	ownership; (ii) the commissioner of human services is authorized by the 2004 legislature 
11.18 	to negotiate budget-neutral planned nursing facility closures; and (iii) money is available 
11.19 	from planned closures of facilities under common ownership to make implementation of 
11.20 	this clause budget-neutral to the state. The bed capacity of the Albert Lea facility shall be 
11.21 	reduced to 167 beds following the transfer. Of the 60 beds at the new facility, 20 beds shall 
11.22 	be used for a special care unit for persons with Alzheimer's disease or related dementias;
11.23 	(4) to license and certify up to 80 beds transferred from an existing state-owned nursing 
11.24 	facility in Cass County to a new facility located on the grounds of the Ah-Gwah-Ching 
11.25 	campus. The operating cost payment rates for the new facility shall be determined based 
11.26 	on the interim and settle-up payment provisions of section 256R.27 and the reimbursement 
11.27 	provisions of chapter 256R. The property payment rate for the first three years of operation 
11.28 	shall be $35 per day. For subsequent years, the property payment rate of $35 per day shall 
11.29 	be adjusted for inflation as provided in section 256B.434, subdivision 4, paragraph (c), as 
11.30 	long as the facility has a contract under section 256B.434;
11.31 	(5) (1) to initiate a pilot program to license and certify up to 80 beds transferred from 
11.32 	an existing county-owned nursing facility in Steele County relocated to the site of a new 
11.33 	acute care facility as part of the county's Communities for a Lifetime comprehensive plan 
11.34 	to create innovative responses to the aging of its population. Upon relocation to the new 
12.1 	site, the nursing facility shall delicense 28 beds. The payment rate for external fixed costs 
12.2 	for the new facility shall be increased by an amount as calculated according to items (i) to 
12.3 	(v):
12.4 	(i) compute the estimated decrease in medical assistance residents served by the nursing 
12.5 	facility by multiplying the decrease in licensed beds by the historical percentage of medical 
12.6 	assistance resident days;
12.7 	(ii) compute the annual savings to the medical assistance program from the delicensure 
12.8 	of 28 beds by multiplying the anticipated decrease in medical assistance residents, determined 
12.9 	in item (i), by the existing facility's weighted average payment rate multiplied by 365;
12.10 	(iii) compute the anticipated annual costs for community-based services by multiplying 
12.11 	the anticipated decrease in medical assistance residents served by the nursing facility, 
12.12 	determined in item (i), by the average monthly elderly waiver service costs for individuals 
12.13 	in Steele County multiplied by 12;
12.14 	(iv) subtract the amount in item (iii) from the amount in item (ii);
12.15 	(v) divide the amount in item (iv) by an amount equal to the relocated nursing facility's 
12.16 	occupancy factor under section 256B.431, subdivision 3f, paragraph (c), multiplied by the 
12.17 	historical percentage of medical assistance resident days; and
12.18 	(6) (2) to consolidate and relocate nursing facility beds to a new site in Goodhue County 
12.19 	and to integrate these services with other community-based programs and services under a 
12.20 	communities for a lifetime pilot program and comprehensive plan to create innovative 
12.21 	responses to the aging of its population. Two nursing facilities, one for 84 beds and one for 
12.22 	65 beds, in the city of Red Wing licensed on July 1, 2015, shall be consolidated into a newly 
12.23 	renovated 64-bed nursing facility resulting in the delicensure of 85 beds. Notwithstanding 
12.24 	the carryforward of the approval authority in section 144A.073, subdivision 11, the funding 
12.25 	approved in April 2009 by the commissioner of health for a project in Goodhue County 
12.26 	shall not carry forward. The closure of the 85 beds shall not be eligible for a planned closure 
12.27 	rate adjustment under Minnesota Statutes 2024, section 256R.40. The construction project 
12.28 	permitted in this clause shall not be eligible for a threshold project rate adjustment under 
12.29 	section 256B.434, subdivision 4f. The payment rate for external fixed costs for the new 
12.30 	facility shall be increased by an amount as calculated according to items (i) to (vi):
12.31 	(i) compute the estimated decrease in medical assistance residents served by both nursing 
12.32 	facilities by multiplying the difference between the occupied beds of the two nursing facilities 
12.33 	for the reporting year ending September 30, 2009, and the projected occupancy of the facility 
12.34 	at 95 percent occupancy by the historical percentage of medical assistance resident days;
13.1 	(ii) compute the annual savings to the medical assistance program from the delicensure 
13.2 	by multiplying the anticipated decrease in the medical assistance residents, determined in 
13.3 	item (i), by the hospital-owned nursing facility weighted average payment rate multiplied 
13.4 	by 365;
13.5 	(iii) compute the anticipated annual costs for community-based services by multiplying 
13.6 	the anticipated decrease in medical assistance residents served by the facilities, determined 
13.7 	in item (i), by the average monthly elderly waiver service costs for individuals in Goodhue 
13.8 	County multiplied by 12;
13.9 	(iv) subtract the amount in item (iii) from the amount in item (ii);
13.10 	(v) multiply the amount in item (iv) by 57.2 percent; and
13.11 	(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an 
13.12 	amount equal to the relocated nursing facility's occupancy factor under section 256B.431, 
13.13 	subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance 
13.14 	resident days.
13.15 	(b) Projects approved under this subdivision shall be treated in a manner equivalent to 
13.16 	projects approved under subdivision 4a.

13.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.18 	Sec. 3. Minnesota Statutes 2024, section 144A.071, subdivision 4d, is amended to read:
13.19 		Subd. 4d.Consolidation of nursing facilities. (a) The commissioner of health, in 
13.20 	consultation with the commissioner of human services, may approve a request for 
13.21 	consolidation of nursing facilities which includes the closure of one or more facilities and 
13.22 	the upgrading of the physical plant of the remaining nursing facility or facilities, the costs 
13.23 	of which exceed the threshold project limit under subdivision 2, clause (a). The 
13.24 	commissioners shall consider the criteria in this section, section 144A.073, and Minnesota 
13.25 	Statutes 2024, section 256R.40, in approving or rejecting a consolidation proposal. In the 
13.26 	event the commissioners approve the request, the commissioner of human services shall 
13.27 	calculate an external fixed costs rate adjustment according to clauses (1) to (3):
13.28 	(1) the closure of beds shall not be eligible for a planned closure rate adjustment under
13.29 	Minnesota Statutes 2024, section 256R.40, subdivision 5;
13.30 	(2) the construction project permitted in this clause shall not be eligible for a threshold 
13.31 	project rate adjustment under section 256B.434, subdivision 4f, or a moratorium exception 
13.32 	adjustment under section 144A.073; and
14.1 	(3) the payment rate for external fixed costs for a remaining facility or facilities shall 
14.2 	be increased by an amount equal to 65 percent of the projected net cost savings to the state 
14.3 	calculated in paragraph (b), divided by the state's medical assistance percentage of medical 
14.4 	assistance dollars, and then divided by estimated medical assistance resident days, as 
14.5 	determined in paragraph (c), of the remaining nursing facility or facilities in the request in 
14.6 	this paragraph. The rate adjustment is effective on the first day of the month of January or 
14.7 	July, whichever date occurs first following both the completion of the construction upgrades 
14.8 	in the consolidation plan and the complete closure of the facility or facilities designated for 
14.9 	closure in the consolidation plan. If more than one facility is receiving upgrades in the 
14.10 	consolidation plan, each facility's date of construction completion must be evaluated 
14.11 	separately.
14.12 	(b) For purposes of calculating the net cost savings to the state, the commissioner shall 
14.13 	consider clauses (1) to (7):
14.14 	(1) the annual savings from estimated medical assistance payments from the net number 
14.15 	of beds closed taking into consideration only beds that are in active service on the date of 
14.16 	the request and that have been in active service for at least three years;
14.17 	(2) the estimated annual cost of increased case load of individuals receiving services 
14.18 	under the elderly waiver;
14.19 	(3) the estimated annual cost of elderly waiver recipients receiving support under housing 
14.20 	support under chapter 256I;
14.21 	(4) the estimated annual cost of increased case load of individuals receiving services 
14.22 	under the alternative care program;
14.23 	(5) the annual loss of license surcharge payments on closed beds;
14.24 	(6) the savings from not paying planned closure rate adjustments that the facilities would 
14.25 	otherwise be eligible for under Minnesota Statutes 2024, section 256R.40; and
14.26 	(7) the savings from not paying external fixed costs payment rate adjustments from 
14.27 	submission of renovation costs that would otherwise be eligible as threshold projects under 
14.28 	section 256B.434, subdivision 4f.
14.29 	(c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical 
14.30 	assistance resident days of the remaining facility or facilities shall be computed assuming 
14.31 	95 percent occupancy multiplied by the historical percentage of medical assistance resident 
14.32 	days of the remaining facility or facilities, as reported on the facility's or facilities' most 
15.1 	recent nursing facility statistical and cost report filed before the plan of closure is submitted, 
15.2 	multiplied by 365.
15.3 	(d) For purposes of net cost of savings to the state in paragraph (b), the average occupancy 
15.4 	percentages will be those reported on the facility's or facilities' most recent nursing facility 
15.5 	statistical and cost report filed before the plan of closure is submitted, and the average 
15.6 	payment rates shall be calculated based on the approved payment rates in effect at the time 
15.7 	the consolidation request is submitted.
15.8 	(e) To qualify for the external fixed costs payment rate adjustment under this subdivision, 
15.9 	the closing facilities shall:
15.10 	(1) submit an application for closure according to Minnesota Statutes 2024, section 
15.11 	256R.40, subdivision 2; and
15.12 	(2) follow the resident relocation provisions of section 144A.161.
15.13 	(f) The county or counties in which a facility or facilities are closed under this subdivision 
15.14 	shall not be eligible for designation as a hardship area under subdivision 3 for five years 
15.15 	from the date of the approval of the proposed consolidation. The applicant shall notify the 
15.16 	county of this limitation and the county shall acknowledge this in a letter of support.
15.17 	(g) Projects approved on or after March 1, 2020, are not subject to paragraph (a), clauses 
15.18 	(2) and (3), and paragraph (c). The 65 percent projected net cost savings to the state calculated 
15.19 	in paragraph (b) must be applied to the moratorium cost of the project and the remainder 
15.20 	must be added to the moratorium funding under section 144A.073, subdivision 11.
15.21 	(h) Consolidation project applications not approved by the commissioner prior to March 
15.22 	1, 2020, are subject to the moratorium process under section 144A.073, subdivision 2. Upon 
15.23 	request by the applicant, the commissioner may extend this deadline to August 1, 2020, so 
15.24 	long as the facilities, bed numbers, and counties specified in the original application are not 
15.25 	altered. Proposals from facilities seeking approval for a consolidation project prior to March 
15.26 	1, 2020, must be received by the commissioner no later than January 1, 2020. This paragraph 
15.27 	expires August 1, 2020.

15.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.29 	Sec. 4. Minnesota Statutes 2024, section 144A.161, subdivision 10, is amended to read:
15.30 		Subd. 10.Facility closure rate adjustment. Upon the request of a closing facility, the 
15.31 	commissioner of human services must allow the facility a closure rate adjustment equal to 
15.32 	a 50 percent payment rate increase to reimburse relocation costs or other costs related to 
16.1 	facility closure. This rate increase is effective on the date the facility's occupancy decreases 
16.2 	to 90 percent of capacity days after the written notice of closure is distributed under 
16.3 	subdivision 5 and shall remain in effect for a period of up to 60 days. The commissioner 
16.4 	shall delay the implementation of rate adjustments under section 256R.40, subdivisions 5
16.5 	and 6, to offset the cost of this rate adjustment.

16.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.7 	Sec. 5. Minnesota Statutes 2024, section 144A.1888, is amended to read:
16.8 	144A.1888 REUSE OF FACILITIES.
16.9 	Notwithstanding any local ordinance related to development, planning, or zoning to the 
16.10 	contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or 
16.11 	changes operations shall be considered a conforming use permitted under local law, provided 
16.12 	that the facility is converted to another long-term care service approved by a regional 
16.13 	planning group under section 256R.40 that serves a smaller number of persons than the 
16.14 	number of persons served before the closure or curtailment, reduction, or change in 
16.15 	operations.

16.16 	Sec. 6. Minnesota Statutes 2024, section 256.9657, subdivision 1, is amended to read:
16.17 		Subdivision 1.Nursing home license surcharge. (a) Effective July 1, 1993, each 
16.18 	non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner 
16.19 	an annual surcharge according to the schedule in subdivision 4. The surcharge shall be 
16.20 	calculated as $620 $2,815 per licensed bed. If the number of licensed beds is reduced, the 
16.21 	surcharge shall be based on the number of remaining licensed beds the second month 
16.22 	following the receipt of timely notice by the commissioner of human services that beds 
16.23 	have been delicensed. The nursing home must notify the commissioner of health in writing 
16.24 	when beds are delicensed. The commissioner of health must notify the commissioner of 
16.25 	human services within ten working days after receiving written notification. If the notification 
16.26 	is received by the commissioner of human services by the 15th of the month, the invoice 
16.27 	for the second following month must be reduced to recognize the delicensing of beds. Beds 
16.28 	on layaway status continue to be subject to the surcharge. The commissioner of human 
16.29 	services must acknowledge a medical care surcharge appeal within 30 days of receipt of 
16.30 	the written appeal from the provider.
16.31 	(b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.
17.1 	(c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased to 
17.2 	$990.
17.3 	(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased to 
17.4 	$2,815.
17.5 	(e) (b) The commissioner may reduce, and may subsequently restore, the surcharge 
17.6 	under paragraph (d) (a) based on the commissioner's determination of a permissible surcharge.

17.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

17.8 	Sec. 7. [256.9746] AGE-FRIENDLY MINNESOTA COUNCIL.
17.9 		Subdivision 1.Establishment. The Age-Friendly Minnesota Council is established to 
17.10 	coordinate work across sectors, including state government, nonprofits, communities, 
17.11 	businesses, and others, to ensure the state is an age-friendly state.
17.12 		Subd. 2.Membership. (a) The council consists of 15 voting members.
17.13 	(b) Each of the following commissioners and multimember state agencies must designate 
17.14 	an Age-Friendly Minnesota lead and appoint that designee to serve as a council member:
17.15 	(1) the Minnesota Board on Aging;
17.16 	(2) the commissioner of commerce;
17.17 	(3) the commissioner of employment and economic development;
17.18 	(4) the commissioner of health;
17.19 	(5) the commissioner of housing;
17.20 	(6) the commissioner of human services;
17.21 	(7) the commissioner of transportation;
17.22 	(8) the commissioner of veterans affairs; and
17.23 	(9) the Metropolitan Council.
17.24 	(c) The governor shall appoint six additional public members to represent older adults 
17.25 	in communities experiencing disparities, direct service caregivers, businesses, experts on 
17.26 	aging, local governments, and Tribal communities. The appointment, terms, compensation, 
17.27 	and removal of public members shall be as provided in section 15.059.
17.28 	(d) Other state agencies and boards may participate on the council in a nonvoting capacity.
18.1 		Subd. 3.Chairperson; executive committee. (a) The council shall elect a chairperson 
18.2 	and other officers as it deems necessary and in accordance with the council's operating 
18.3 	procedures.
18.4 	(b) The council shall be governed by an executive committee elected by the members 
18.5 	of the council. One member of the executive committee must be the council chairperson.
18.6 	(c) The executive committee may appoint additional subcommittees and work groups 
18.7 	as necessary to fulfill the duties of the council.
18.8 		Subd. 4.Meetings. (a) The council shall meet at the call of the chairperson or at the 
18.9 	request of a majority of council members. The council must meet at least quarterly. Meetings 
18.10 	of the council are subject to section 13D.01, and notice of its meetings is governed by section 
18.11 	13D.04.
18.12 	(b) Notwithstanding section 13D.01, the council may conduct a meeting of its members 
18.13 	by telephone or other electronic means so long as:
18.14 	(1) all members of the council participating in the meeting, wherever their physical 
18.15 	location, can hear one another and can hear all discussion and testimony;
18.16 	(2) members of the public present at the regular meeting location of the council can hear 
18.17 	all discussion and all votes of members of the council and participate in testimony;
18.18 	(3) at least one member of the council is physically present at the regular meeting location; 
18.19 	and
18.20 	(4) each member's vote on each issue is identified and recorded by a roll call.
18.21 	(c) Each member of the council participating in a meeting by telephone or other electronic 
18.22 	means is considered present at the meeting for the purposes of determining a quorum and 
18.23 	participating in all proceedings. If telephone or another electronic means is used to conduct 
18.24 	a meeting, the council, to the extent practicable, shall allow a person to monitor the meeting 
18.25 	from a remote location. If telephone or another electronic means is used to conduct a regular, 
18.26 	special, or emergency meeting, the council shall provide notice of the regular meeting 
18.27 	location, that some members may participate by electronic means, and of the option to 
18.28 	monitor the meeting electronically from a remote location.
18.29 		Subd. 5.Duties. (a) The council's duties may include but are not limited to:
18.30 	(1) elevating the voice of older adults in developing the vision and action plan for an 
18.31 	age-friendly state;
19.1 	(2) engaging with the community, including older adults, caregivers, businesses, experts, 
19.2 	advocacy organizations, and other interested parties, to provide recommendations and update 
19.3 	interested parties on the council's recommendations;
19.4 	(3) identifying opportunities for and barriers to collaboration and coordination among 
19.5 	services and state agencies responsible for funding and administering programs and 
19.6 	public-private partnerships;
19.7 	(4) promoting equity and making progress toward equitable outcomes by examining 
19.8 	programs, policies, and practices to ensure they address disparities experienced by older 
19.9 	adults in greater Minnesota, older adults of color, and indigenous older adults;
19.10 	(5) catalyzing age-friendly work at the local level, engaging with and empowering older 
19.11 	adults, local constituents, elected officials, and other interested parties to create change in 
19.12 	every community;
19.13 	(6) establishing a statewide framework that allows for local flexibility to tap into the 
19.14 	potential presented by our aging communities and elevates aging across all of Minnesota;
19.15 	(7) reviewing, awarding, and monitoring grants under section 256.9747;
19.16 	(8) assessing and examining relevant programs, policies, practices, and services to make 
19.17 	budget and policy recommendations to establish age-friendly policies in law with appropriate 
19.18 	financial support to ensure Minnesota continues to lead on age-friendly initiatives; and
19.19 	(9) making budget and policy recommendations to the governor, commissioners, boards, 
19.20 	other state agencies, and the legislature to further the council's mission to ensure the state 
19.21 	is an age-friendly state.
19.22 	(b) The council may accept technical assistance and in-kind services from outside 
19.23 	organizations for purposes consistent with the council's role and authority.
19.24 		Subd. 6.Administration. The Minnesota Board on Aging and Department of Human 
19.25 	Services shall provide staffing and administrative support to the council.
19.26 		Subd. 7.Annual report. Beginning January 1, 2026, and every two years thereafter, 
19.27 	the council shall publish a public report on the council's activities, the uses and measurable 
19.28 	outcomes of the grant activities funded under section 256.9747, the council's 
19.29 	recommendations, proposed changes to statutes or rules, and other issues the council may 
19.30 	choose to report.

20.1 	Sec. 8. [256.9747] AGE-FRIENDLY MINNESOTA GRANTS.
20.2 		Subdivision 1.Age-friendly community grants. The commissioner of human services, 
20.3 	in collaboration with the Minnesota Board on Aging and the Age-Friendly Minnesota 
20.4 	Council, shall develop the age-friendly community grant program to help communities, 
20.5 	including cities, counties, other municipalities, Tribes, and collaborative efforts become 
20.6 	age-friendly communities, with an emphasis on structures, services, and community features 
20.7 	necessary to support older adult residents, including but not limited to:
20.8 	(1) coordination of health and social services;
20.9 	(2) transportation access;
20.10 	(3) safe, affordable places to live;
20.11 	(4) reducing social isolation and improving wellness;
20.12 	(5) combating ageism and racism against older adults;
20.13 	(6) accessible outdoor space and buildings;
20.14 	(7) communication and information technology access; and
20.15 	(8) opportunities to stay engaged and economically productive.
20.16 		Subd. 2.Age-friendly technical assistance grants. The commissioner of human services, 
20.17 	in collaboration with the Minnesota Board on Aging and the Age-Friendly Minnesota 
20.18 	Council, shall develop the age-friendly technical assistance grant program to support 
20.19 	communities and organizations who need assistance in applying for age-friendly community 
20.20 	grants and implementing various aspects of their grant-funded projects.

20.21 	Sec. 9. Minnesota Statutes 2024, section 256B.431, subdivision 30, is amended to read:
20.22 		Subd. 30.Bed layaway and delicensure. (a) For rate years beginning on or after July 
20.23 	1, 2000, a nursing facility reimbursed under this section which has placed beds on layaway 
20.24 	shall, for purposes of application of the downsizing incentive in subdivision 3a, paragraph 
20.25 	(c), and calculation of the rental per diem, have those beds given the same effect as if the 
20.26 	beds had been delicensed so long as the beds remain on layaway. At the time of a layaway, 
20.27 	a facility may change its single bed election for use in calculating capacity days under 
20.28 	Minnesota Rules, part 9549.0060, subpart 11. The property payment rate increase shall be 
20.29 	effective the first day of the month of January or July, whichever occurs first following the 
20.30 	date on which the layaway of the beds becomes effective under section 144A.071, subdivision 
20.31 	4b.
21.1 	(b) For rate years beginning on or after July 1, 2000, notwithstanding any provision to 
21.2 	the contrary under section 256B.434 or chapter 256R, a nursing facility reimbursed under 
21.3 	that section or chapter that has placed beds on layaway shall, for so long as the beds remain 
21.4 	on layaway, be allowed to:
21.5 	(1) aggregate the applicable investment per bed limits based on the number of beds 
21.6 	licensed immediately prior to entering the alternative payment system;
21.7 	(2) retain or change the facility's single bed election for use in calculating capacity days 
21.8 	under Minnesota Rules, part 9549.0060, subpart 11; and
21.9 	(3) establish capacity days based on the number of beds immediately prior to the layaway 
21.10 	and the number of beds after the layaway.
21.11 	The commissioner shall increase the facility's property payment rate by the incremental 
21.12 	increase in the rental per diem resulting from the recalculation of the facility's rental per 
21.13 	diem applying only the changes resulting from the layaway of beds and clauses (1), (2), and 
21.14 	(3). If a facility reimbursed under section 256B.434 or chapter 256R completes a moratorium 
21.15 	exception project after its base year, the base year property rate shall be the moratorium 
21.16 	project property rate. The base year rate shall be inflated by the factors in Minnesota Statutes 
21.17 	2024, section 256B.434, subdivision 4, paragraph (c). The property payment rate increase 
21.18 	shall be effective the first day of the month of January or July, whichever occurs first 
21.19 	following the date on which the layaway of the beds becomes effective.
21.20 	(c) If a nursing facility removes a bed from layaway status in accordance with section 
21.21 	144A.071, subdivision 4b, the commissioner shall establish capacity days based on the 
21.22 	number of licensed and certified beds in the facility not on layaway and shall reduce the 
21.23 	nursing facility's property payment rate in accordance with paragraph (b).
21.24 	(d) For the rate years beginning on or after July 1, 2000, notwithstanding any provision 
21.25 	to the contrary under section 256B.434 or chapter 256R, a nursing facility reimbursed under 
21.26 	that section or chapter that has delicensed beds after July 1, 2000, by giving notice of the 
21.27 	delicensure to the commissioner of health according to the notice requirements in section 
21.28 	144A.071, subdivision 4b, shall be allowed to:
21.29 	(1) aggregate the applicable investment per bed limits based on the number of beds 
21.30 	licensed immediately prior to entering the alternative payment system;
21.31 	(2) retain or change the facility's single bed election for use in calculating capacity days 
21.32 	under Minnesota Rules, part 9549.0060, subpart 11; and
22.1 	(3) establish capacity days based on the number of beds immediately prior to the 
22.2 	delicensure and the number of beds after the delicensure.
22.3 	The commissioner shall increase the facility's property payment rate by the incremental 
22.4 	increase in the rental per diem resulting from the recalculation of the facility's rental per 
22.5 	diem applying only the changes resulting from the delicensure of beds and clauses (1), (2), 
22.6 	and (3). If a facility reimbursed under section 256B.434 completes a moratorium exception 
22.7 	project after its base year, the base year property rate shall be the moratorium project property 
22.8 	rate. The base year rate shall be inflated by the factors in Minnesota Statutes 2024, section 
22.9 	256B.434, subdivision 4, paragraph (c). The property payment rate increase shall be effective 
22.10 	the first day of the month of January or July, whichever occurs first following the date on 
22.11 	which the delicensure of the beds becomes effective.
22.12 	(e) For nursing facilities reimbursed under this section, section 256B.434, or chapter 
22.13 	256R, any beds placed on layaway shall not be included in calculating facility occupancy 
22.14 	as it pertains to leave days defined in Minnesota Rules, part 9505.0415.
22.15 	(f) For nursing facilities reimbursed under this section, section 256B.434, or chapter 
22.16 	256R, the rental rate calculated after placing beds on layaway may not be less than the rental 
22.17 	rate prior to placing beds on layaway.
22.18 	(g) A nursing facility receiving a rate adjustment as a result of this section shall comply 
22.19 	with section 256R.06, subdivision 5.
22.20 	(h) A facility that does not utilize the space made available as a result of bed layaway 
22.21 	or delicensure under this subdivision to reduce the number of beds per room or provide 
22.22 	more common space for nursing facility uses or perform other activities related to the 
22.23 	operation of the nursing facility shall have its property rate increase calculated under this 
22.24 	subdivision reduced by the ratio of the square footage made available that is not used for 
22.25 	these purposes to the total square footage made available as a result of bed layaway or 
22.26 	delicensure.
22.27 	(i) The commissioner must not increase the property payment rates under this subdivision 
22.28 	for beds placed in or removed from layaway on or after July 1, 2025.

22.29 	EFFECTIVE DATE. This section is effective July 1, 2025.

22.30 	Sec. 10. Minnesota Statutes 2024, section 256B.434, subdivision 4, is amended to read:
22.31 		Subd. 4.Alternate rates for nursing facilities. Effective for the rate years beginning 
22.32 	on and after January 1, 2019 2026, a nursing facility's property payment rate for the second 
22.33 	and subsequent years of a facility's contract under this section are is the facility's previous 
23.1 	rate year's property payment rate plus an inflation adjustment. The index for the inflation 
23.2 	adjustment must be based on the change in the Consumer Price Index-All Items (United 
23.3 	States City average) (CPI-U) forecasted by the Reports and Forecasts Division of the 
23.4 	Department of Human Services, as forecasted in the fourth quarter of the calendar year 
23.5 	preceding the rate year. The inflation adjustment must be based on the 12-month period 
23.6 	from the midpoint of the previous rate year to the midpoint of the rate year for which the 
23.7 	rate is being determined as provided in the facility's contract under this section.

23.8 	Sec. 11. Minnesota Statutes 2024, section 256R.02, subdivision 18, is amended to read:
23.9 		Subd. 18.Employer health insurance costs. "Employer health insurance costs" means:
23.10 	(1) premium expenses for group coverage;
23.11 	(2) actual expenses incurred for self-insured plans, including actual claims paid, stop-loss 
23.12 	premiums, and plan fees. Actual expenses incurred for self-insured plans does not include 
23.13 	allowances for future funding unless the plan meets the Medicare provider reimbursement 
23.14 	manual requirements for reporting on a premium basis when the Medicare provider 
23.15 	reimbursement manual regulations define the actual costs; and
23.16 	(3) employer contributions to employer-sponsored individual coverage health 
23.17 	reimbursement arrangements as provided by Code of Federal Regulations, title 45, section 
23.18 	146.123, employee health reimbursement accounts, and health savings accounts.

23.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

23.20 	Sec. 12. Minnesota Statutes 2024, section 256R.02, subdivision 19, is amended to read:
23.21 		Subd. 19.External fixed costs. "External fixed costs" means costs related to the nursing 
23.22 	home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122; 
23.23 	family advisory council fee under section 144A.33; scholarships under section 256R.37;
23.24 	planned closure rate adjustments under section 256R.40; consolidation rate adjustments 
23.25 	under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) (1) and (6) (2), and 4d; 
23.26 	single-bed room incentives under section 256R.41; property taxes, special assessments, and 
23.27 	payments in lieu of taxes; employer health insurance costs; quality improvement incentive 
23.28 	payment rate adjustments under section 256R.39; performance-based incentive payments 
23.29 	under section 256R.38; special dietary needs under section 256R.51; and Public Employees 
23.30 	Retirement Association employer costs; and border city rate adjustments under section 
23.31 	256R.481.

23.32 	EFFECTIVE DATE. This section is effective January 1, 2026.

24.1 	Sec. 13. Minnesota Statutes 2024, section 256R.02, subdivision 22, is amended to read:
24.2 		Subd. 22.Fringe benefit costs. "Fringe benefit costs" means the costs for group life,;
24.3 	dental,; workers' compensation,; short- and long-term disability,; long-term care insurance,;
24.4 	accident insurance,; supplemental insurance,; legal assistance insurance,; profit sharing,;
24.5 	child care costs,; health insurance costs not covered under subdivision 18, including costs 
24.6 	associated with eligible part-time employee family members or retirees,; and pension and 
24.7 	retirement plan contributions, except for the Public Employees Retirement Association 
24.8 	costs.

24.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

24.10 	Sec. 14. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision 
24.11 	to read:
24.12 		Subd. 36a.Patient driven payment model or PDPM. "Patient driven payment model" 
24.13 	or "PDPM" has the meaning given in section 144.0724, subdivision 2.

24.14 	EFFECTIVE DATE. This section is effective the day following final enactment.

24.15 	Sec. 15. Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision 
24.16 	to read:
24.17 		Subd. 45a.Resource utilization group or RUG. "Resource utilization group" or "RUG" 
24.18 	has the meaning given in section 144.0724, subdivision 2.

24.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

24.20 	Sec. 16. Minnesota Statutes 2024, section 256R.10, subdivision 8, is amended to read:
24.21 		Subd. 8.Employer health insurance costs. (a) Employer health insurance costs are 
24.22 	allowable for (1) all nursing facility employees and (2) the spouse and dependents of those 
24.23 	nursing facility employees who are employed on average at least 30 hours per week.
24.24 	(b) Effective for the rate year beginning on January 1, 2026, the annual reimbursement 
24.25 	cap for health insurance costs is $14,703, as adjusted according to paragraph (c). The 
24.26 	allowable costs for health insurance must not exceed the reimbursement cap multiplied by 
24.27 	the annual average month end number of allowed enrolled nursing facility employees from 
24.28 	the applicable cost report period. For shared employees, the allowable number of enrolled 
24.29 	employees includes only the nursing facility percentage of any shared allowed enrolled 
24.30 	employees. The allowable number of enrolled employees must not include non-nursing 
24.31 	facility employees or individuals who elect COBRA continuation coverage.
25.1 	(c) Effective for rate years beginning on or after January 1, 2026, the commissioner shall 
25.2 	adjust the annual reimbursement cap for employer health insurance costs by the previous 
25.3 	year's cap plus an inflation adjustment. The commissioner must index for the inflation based 
25.4 	on the change in the Consumer Price Index (all items-urban) (CPI-U) forecasted by the 
25.5 	Reports and Forecast Division of the Department of Human Services in the fourth quarter 
25.6 	of the calendar year preceding the rate year. The commissioner must base the inflation 
25.7 	adjustment on the 12-month period from the second quarter of the previous cost report year 
25.8 	to the second quarter of the cost report year for which the cap is being applied.
25.9 	(b)(d) The commissioner must not treat employer contributions to employer-sponsored 
25.10 	individual coverage health reimbursement arrangements as allowable costs if the facility 
25.11 	does not provide the commissioner copies of the employer-sponsored individual coverage 
25.12 	health reimbursement arrangement plan documents and documentation of any health 
25.13 	insurance premiums and associated co-payments reimbursed under the arrangement. 
25.14 	Documentation of reimbursements must denote any reimbursements for health insurance 
25.15 	premiums or associated co-payments incurred by the spouses or dependents of nursing 
25.16 	facility employees who work on average less than 30 hours per week.

25.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

25.18 	Sec. 17. Minnesota Statutes 2024, section 256R.23, subdivision 5, is amended to read:
25.19 		Subd. 5.Determination of total care-related payment rate limits. The commissioner 
25.20 	must determine each facility's total care-related payment rate limit by:
25.21 	(1) multiplying the facility's quality score, as determined under section 256R.16, 
25.22 	subdivision 1, by 0.5625 2.0;
25.23 	(2) adding 89.375 to subtracting 40 from the amount determined in clause (1), and 
25.24 	dividing the total by 100; and
25.25 	(3) multiplying the amount determined in clause (2) by the median total care-related 
25.26 	cost per day.

25.27 	EFFECTIVE DATE. This section is effective January 1, 2026.

25.28 	Sec. 18. Minnesota Statutes 2024, section 256R.23, subdivision 7, is amended to read:
25.29 		Subd. 7.Determination of direct care payment rates. A facility's direct care payment 
25.30 	rate equals the lesser of (1) the facility's direct care costs per standardized day, or (2) the 
25.31 	facility's direct care costs per standardized day divided by its cost to limit ratio, or (3) 104 
25.32 	percent of the previous year's direct care payment rate.

26.1 	EFFECTIVE DATE. This section is effective January 1, 2026.

26.2 	Sec. 19. Minnesota Statutes 2024, section 256R.23, subdivision 8, is amended to read:
26.3 		Subd. 8.Determination of other care-related payment rates. A facility's other 
26.4 	care-related payment rate equals the lesser of (1) the facility's other care-related cost per 
26.5 	resident day, or (2) the facility's other care-related cost per resident day divided by its cost 
26.6 	to limit ratio, or (3) 104 percent of the previous year's other care-related payment rate.

26.7 	EFFECTIVE DATE. This section is effective January 1, 2026.

26.8 	Sec. 20. Minnesota Statutes 2024, section 256R.24, subdivision 3, is amended to read:
26.9 		Subd. 3.Determination of the other operating payment rate. A facility's other 
26.10 	operating payment rate equals the lesser of 105 percent of the median other operating cost 
26.11 	per day or 104 percent of the previous year's other operating payment rate.

26.12 	EFFECTIVE DATE. This section is effective January 1, 2026.

26.13 	Sec. 21. Minnesota Statutes 2024, section 256R.25, is amended to read:
26.14 	256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.
26.15 		Subdivision 1.Determination of external fixed cost payment rate. (a) The payment 
26.16 	rate for external fixed costs is the sum of the amounts in paragraphs (b) to (p) subdivisions 
26.17 	2 to 13.
26.18 		Subd. 2.Provider surcharges. (b) For a facility licensed as a nursing home, the portion 
26.19 	related to the provider surcharge under section 256.9657 is equal to $8.86 per resident day. 
26.20 	For a facility licensed as both a nursing home and a boarding care home, the portion related 
26.21 	to the provider surcharge under section 256.9657 is equal to $8.86 per resident day multiplied 
26.22 	by the result of its number of nursing home beds divided by its total number of licensed 
26.23 	beds.
26.24 		Subd. 3.Licensure fees. (c) The portion related to the licensure fee under section 144.122, 
26.25 	paragraph (d), is the amount of the fee divided by the sum of the facility's resident days.
26.26 		Subd. 4.Advisory councils. (d) The portion related to development and education of 
26.27 	resident and family advisory councils under section 144A.33 is $5 per resident day divided 
26.28 	by 365.
26.29 		Subd. 5.Scholarships. (e) The portion related to scholarships is determined under section 
26.30 	256R.37.
27.1 	(f) The portion related to planned closure rate adjustments is as determined under section 
27.2 	256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.
27.3 		Subd. 6.Consultations. (g) The portion related to consolidation rate adjustments shall 
27.4 	be as determined under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) (1)
27.5 	and (6) (2), and 4d.
27.6 	(h) The portion related to single-bed room incentives is as determined under section 
27.7 	256R.41.
27.8 		Subd. 7.Taxes. (i) The portions related to real estate taxes, special assessments, and 
27.9 	payments made in lieu of real estate taxes directly identified or allocated to the nursing 
27.10 	facility are the allowable amounts divided by the sum of the facility's resident days. Allowable 
27.11 	costs under this paragraph for payments made by a nonprofit nursing facility that are in lieu 
27.12 	of real estate taxes shall not exceed the amount which the nursing facility would have paid 
27.13 	to a city or township and county for fire, police, sanitation services, and road maintenance 
27.14 	costs had real estate taxes been levied on that property for those purposes.
27.15 		Subd. 8.Health insurance. (j) The portion related to employer health insurance costs 
27.16 	is the allowable costs divided by the sum of the facility's resident days.
27.17 		Subd. 9.Public employees retirement. (k) The portion related to the Public Employees 
27.18 	Retirement Association is the allowable costs divided by the sum of the facility's resident 
27.19 	days.
27.20 		Subd. 10.Quality improvement incentives. (l) The portion related to quality 
27.21 	improvement incentive payment rate adjustments is the amount determined under section 
27.22 	256R.39.
27.23 		Subd. 11.Performance-based incentives. (m) The portion related to performance-based 
27.24 	incentive payments is the amount determined under section 256R.38.
27.25 		Subd. 12.Special diets. (n) The portion related to special dietary needs is the amount 
27.26 	determined under section 256R.51.
27.27 	(o) The portion related to the rate adjustments for border city facilities is the amount 
27.28 	determined under section 256R.481.
27.29 		Subd. 13.Critical access facilities. (p) The portion related to the rate adjustment for 
27.30 	critical access nursing facilities is the amount determined under section 256R.47.

27.31 	EFFECTIVE DATE. This section is effective January 1, 2026.

28.1 	Sec. 22. Minnesota Statutes 2024, section 256R.26, subdivision 9, is amended to read:
28.2 		Subd. 9.Transition period. (a) A facility's property payment rate is the property rate 
28.3 	established for the facility under sections 256B.431 and 256B.434 until the facility's property 
28.4 	rate is transitioned upon completion of any project authorized under section 144A.071, 
28.5 	subdivision 3 or 4d; or 144A.073, subdivision 3, to the fair rental value property rate 
28.6 	calculated under this chapter.
28.7 	(b) Effective the first day of the first month of the calendar quarter after the completion 
28.8 	of the project described in paragraph (a), the commissioner shall transition a facility to the 
28.9 	property payment rate calculated under this chapter. The initial rate year ends on December 
28.10 	31 and may be less than a full 12-month period. The commissioner shall schedule an appraisal 
28.11 	within 90 days of the commissioner receiving notification from the facility that the project 
28.12 	is completed. The commissioner shall apply the property payment rate determined after the 
28.13 	appraisal retroactively to the first day of the first month of the calendar quarter after the 
28.14 	completion of the project.
28.15 	(c) Upon a facility's transition to the fair rental value property rates calculated under this 
28.16 	chapter, the facility's total property payment rate under subdivision 8 shall be the only 
28.17 	payment for costs related to capital assets, including depreciation, interest and lease expenses 
28.18 	for all depreciable assets, including movable equipment, land improvements, and land. 
28.19 	Facilities with property payment rates established under subdivisions 1 to 8 are not eligible 
28.20 	for planned closure rate adjustments under Minnesota Statutes 2024, section 256R.40; 
28.21 	consolidation rate adjustments under section 144A.071, subdivisions 4c, paragraph (a), 
28.22 	clauses (5) (1) and (6) (2), and 4d; single-bed room incentives under Minnesota Statutes 
28.23 	2024, section 256R.41; and the property rate inflation adjustment under Minnesota Statutes 
28.24 	2024, section 256B.434, subdivision 4. The commissioner shall remove any of these 
28.25 	incentives from the facility's existing rate upon the facility transitioning to the fair rental 
28.26 	value property rates calculated under this chapter.

28.27 	EFFECTIVE DATE. This section is effective January 1, 2026.

28.28 	Sec. 23. Minnesota Statutes 2024, section 256R.27, subdivision 2, is amended to read:
28.29 		Subd. 2.Determination of interim payment rates. (a) The nursing facility shall submit 
28.30 	an interim cost report in a format similar to the Minnesota Statistical and Cost Report and 
28.31 	other supporting information as required by this chapter for the reporting year in which the 
28.32 	nursing facility plans to begin operation at least 60 days before the first day a resident is 
28.33 	admitted to the newly constructed nursing facility bed. The interim cost report must include 
28.34 	the nursing facility's anticipated interim costs and anticipated interim resident days for each 
29.1 	resident class in the interim cost report. The anticipated interim resident days for each 
29.2 	resident class is multiplied by the weight for that resident class to determine the anticipated 
29.3 	interim standardized days as defined in section 256R.02, subdivision 50, and resident days 
29.4 	as defined in section 256R.02, subdivision 45, for the reporting period.
29.5 	(b) The interim payment rates are determined according to sections 256R.21 to 256R.25, 
29.6 	except that:
29.7 	(1) the anticipated interim costs and anticipated interim resident days reported on the 
29.8 	interim cost report and the anticipated interim standardized days as defined by section 
29.9 	256R.02, subdivision 50, must be used for the interim;
29.10 	(2) the commissioner shall use anticipated interim costs and anticipated interim 
29.11 	standardized days in determining the allowable historical direct care cost per standardized 
29.12 	day as determined under section 256R.23, subdivision 2;
29.13 	(3) the commissioner shall use anticipated interim costs and anticipated interim resident 
29.14 	days in determining the allowable historical other care-related cost per resident day as 
29.15 	determined under section 256R.23, subdivision 3;
29.16 	(4) the commissioner shall use anticipated interim costs and anticipated interim resident 
29.17 	days to determine the allowable historical external fixed costs per day under section 256R.25, 
29.18 	paragraphs (b) to (k) subdivisions 2 to 9;
29.19 	(5) the total care-related payment rate limits established in section 256R.23, subdivision 
29.20 	5, and in effect at the beginning of the interim period must be increased by ten percent; and
29.21 	(6) the other operating payment rate as determined under section 256R.24 in effect for 
29.22 	the rate year must be used for the other operating cost per day.

29.23 	Sec. 24. Minnesota Statutes 2024, section 256R.27, subdivision 3, is amended to read:
29.24 		Subd. 3.Determination of settle-up payment rates. (a) When the interim payment 
29.25 	rates begin between May 1 and September 30, the nursing facility shall file settle-up cost 
29.26 	reports for the period from the beginning of the interim payment rates through September 
29.27 	30 of the following year.
29.28 	(b) When the interim payment rates begin between October 1 and April 30, the nursing 
29.29 	facility shall file settle-up cost reports for the period from the beginning of the interim 
29.30 	payment rates to the first September 30 following the beginning of the interim payment 
29.31 	rates.
30.1 	(c) The settle-up payment rates are determined according to sections 256R.21 to 256R.25, 
30.2 	except that:
30.3 	(1) the allowable costs and resident days reported on the settle-up cost report and the 
30.4 	standardized days as defined by section 256R.02, subdivision 50, must be used for the 
30.5 	interim and settle-up period;
30.6 	(2) the commissioner shall use the allowable costs and standardized days in clause (1) 
30.7 	to determine the allowable historical direct care cost per standardized day as determined 
30.8 	under section 256R.23, subdivision 2;
30.9 	(3) the commissioner shall use the allowable costs and the allowable resident days to 
30.10 	determine both the allowable historical other care-related cost per resident day as determined 
30.11 	under section 256R.23, subdivision 3;
30.12 	(4) the commissioner shall use the allowable costs and the allowable resident days to 
30.13 	determine the allowable historical external fixed costs per day under section 256R.25, 
30.14 	paragraphs (b) to (k) subdivisions 2 to 9;
30.15 	(5) the total care-related payment limits established in section 256R.23, subdivision 5, 
30.16 	are the limits for the settle-up reporting periods. If the interim period includes more than 
30.17 	one July 1 date, the commissioner shall use the total care-related payment rate limit 
30.18 	established in section 256R.23, subdivision 5, increased by ten percent for the second July 
30.19 	1 date; and
30.20 	(6) the other operating payment rate as determined under section 256R.24 in effect for 
30.21 	the rate year must be used for the other operating cost per day.

30.22 	Sec. 25. Minnesota Statutes 2024, section 256R.43, is amended to read:
30.23 	256R.43 BED HOLDS.
30.24 	The commissioner shall limit payment for leave days in a nursing facility to 30 percent 
30.25 	of that nursing facility's total payment rate for the involved resident, and shall allow this 
30.26 	payment only when the occupancy of the nursing facility, inclusive of bed hold days, is 
30.27 	equal to or greater than 96 percent, notwithstanding Minnesota Rules, part 9505.0415. For 
30.28 	the purpose of establishing leave day payments, the commissioner shall determine occupancy 
30.29 	based on the number of licensed and certified beds in the facility that are not in layaway 
30.30 	status.

30.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

31.1 	Sec. 26. [256R.531] PATIENT DRIVEN PAYMENT MODEL PHASE-IN.
31.2 		Subdivision 1.PDPM phase-in. From September 30, 2025, to December 31, 2028, for 
31.3 	each facility, the commissioner shall determine an adjustment to its total payment rate as 
31.4 	determined under sections 256R.21 and 256R.27 to phase in the transition from the RUG-IV 
31.5 	case mix classification system to the patient driven payment model (PDPM) case mix 
31.6 	classification system.
31.7 		Subd. 2.PDPM phase-in rate adjustment. A facility's PDPM phase-in rate adjustment 
31.8 	to its total payment rate is equal to:
31.9 	(1) the blended case mix adjusted direct care payment rate determined in subdivision 6; 
31.10 	minus
31.11 	(2) the PDPM case mix adjusted direct care payment rate determined in section 256R.23, 
31.12 	subdivision 7.
31.13 		Subd. 3.RUG-IV standardized days and RUG-IV facility case mix index. (a) The 
31.14 	commissioner must determine the RUG-IV standardized days and RUG-IV facility average 
31.15 	case mix using the sum of the resident days by case mix classification.
31.16 	(b) For the rate year beginning January 1, 2028, only:
31.17 	(1) the commissioner must determine the RUG-IV facility average case mix using the 
31.18 	sum of the resident days by the case mix classification as reported by the facility on its 
31.19 	September 30, 2025, Minnesota Statistical and Cost Report; and
31.20 	(2) the commissioner must determine the RUG-IV standardized days by multiplying the 
31.21 	resident days as reported by the facility on its September 30, 2026, Minnesota Statistical 
31.22 	and Cost Report by the RUG-IV facility average case mix index determined under clause 
31.23 	(1).
31.24 		Subd. 4.RUG-IV case mix adjusted direct care payment rate. The commissioner 
31.25 	must determine a facility's RUG-IV case mix adjusted direct care payment rate as the product 
31.26 	of:
31.27 	(1) the facility's RUG-IV direct care payment rate determined in section 256R.23, 
31.28 	subdivision 7, using the RUG-IV standardized days determined in subdivision 3; and
31.29 	(2) the corresponding RUG-IV facility average case mix index for medical assistance 
31.30 	days determined in subdivision 3.
31.31 		Subd. 5.PDPM case mix adjusted direct care payment rate. The commissioner must 
31.32 	determine a facility's PDPM case mix adjusted direct care payment rate as the product of:
32.1 	(1) the facility's direct care payment rate determined in section 256R.23, subdivision 7; 
32.2 	and
32.3 	(2) the corresponding facility average case mix index.
32.4 		Subd. 6.Blended case mix adjusted direct care payment rate. The commissioner 
32.5 	must determine a facility's blended case mix adjusted direct care payment rate as the sum 
32.6 	of:
32.7 	(1) the RUG-IV case mix adjusted direct care payment rate determined in subdivision 
32.8 	4 multiplied by the following percentages:
32.9 	(i) after September 30, 2025, through  December 31, 2026, 75 percent;
32.10 	(ii) after December 31, 2026, through December 31, 2027, 50 percent; and
32.11 	(iii) after December 31, 2027, through December 31, 2028, 25 percent; and
32.12 	(2) the PDPM case mix adjusted direct care payment rate determined in subdivision 5 
32.13 	multiplied by the following percentages:
32.14 	(i) after September 30, 2025, through December 31, 2026, 25 percent;
32.15 	(ii) after December 31, 2026, through December 31, 2027, 50 percent; and
32.16 	(iii) after December 31, 2027, through December 31, 2028, 75 percent.
32.17 		Subd. 7.Expiration. This section expires January 1, 2029.

32.18 	EFFECTIVE DATE. This section is effective October 1, 2025.

32.19 	Sec. 27. [256R.532] NURSING FACILITY RATE ADD-ON FOR WORKFORCE 
32.20 	STANDARDS.
32.21 	(a) Effective for rate years beginning on and after January 1, 2028, or upon federal 
32.22 	approval, whichever is later, the commissioner shall annually provide a rate add-on amount 
32.23 	for nursing facilities reimbursed under this chapter for the initial standards for wages for 
32.24 	nursing home workers adopted by the Nursing Home Workforce Standards Board in 
32.25 	Minnesota Rules, parts 5200.2060 to 5200.2090, pursuant to section 181.213, subdivision 
32.26 	2, paragraph (c). The add-on amount is equal to:
32.27 	(1) $3.93 per resident day, effective January 1, 2028; and
32.28 	(2) $8.55 per resident day, effective January 1, 2029.
32.29 	(b) Effective upon federal approval, the commissioner must determine the add-on amount 
32.30 	for subsequent rate years in consultation with the commissioner of labor and industry.

33.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

33.2 	Sec. 28. Laws 2021, chapter 30, article 12, section 5, as amended by Laws 2021, First 
33.3 	Special Session chapter 7, article 17, section 2, and Laws 2023, chapter 61, article 2, section 
33.4 	35, is amended to read:
33.5 	Sec. 5. GOVERNOR'S COUNCIL ON AN AGE-FRIENDLY MINNESOTA.
 33.6 	The Governor's Council on an Age-Friendly Minnesota, established in Executive Order 
33.7 	19-38, shall: (1) work to advance age-friendly policies; and (2) coordinate state, local, and 
33.8 	private partners' collaborative work on emergency preparedness, with a focus on older 
33.9 	adults, communities, and persons in zip codes most impacted by the COVID-19 pandemic. 
33.10 	The Governor's Council on an Age-Friendly Minnesota is extended and expires June 30, 
33.11 	2027 2025.

33.12 	Sec. 29. AGE-FRIENDLY MINNESOTA COUNCIL; CONTINUATION OF 
33.13 	APPOINTMENTS AND DESIGNATION OF INITIAL TERMS.
 33.14 		Subdivision 1.Continuation of appointments. Each member of the Governor's Council 
33.15 	on an Age-Friendly Minnesota, established in Executive Order 19-38, serving on June 30, 
33.16 	2025, shall be deemed appointed to the Age-Friendly Minnesota Council by the applicable 
33.17 	appointing authority under Minnesota Statutes, section 256.9746, effective July 1, 2025.
33.18 		Subd. 2.First meeting. The individual who was serving as chairperson of the Governor's 
33.19 	Council on an Age-Friendly Minnesota, established in Executive Order 19-38, as of June 
33.20 	30, 2025, must convene the first meeting of the Age-Friendly Minnesota Council no later 
33.21 	than July 9, 2025. The former chairperson of the Governor's Council on an Age-Friendly 
33.22 	Minnesota shall preside over the first meeting until the Age-Friendly Minnesota Council 
33.23 	elects a chairperson.
33.24 		Subd. 3.Designation of initial terms. The governor must notify the secretary of state 
33.25 	which initial public members of the Age-Friendly Minnesota Council will have terms 
33.26 	coterminous with that of the governor or request that the secretary of state randomly 
33.27 	determine which initial public members will have terms coterminous with the governor's 
33.28 	term.

34.1 	Sec. 30. DIRECTION TO THE COMMISSIONER; IMPACT STUDY OF REPEAL 
34.2 	OF DISPROPORTIONATE SHARE PAYMENTS.
 34.3 	(a) The commissioner of human services must conduct a study of the impact of the repeal 
34.4 	of Minnesota Statutes, section 256S.205, on those facilities that received a rate floor payment 
34.5 	in rate year 2025. For each facility that received a rate floor payment in rate year 2025, the 
34.6 	commissioner must determine:
34.7 	(1)  how many facilities remain operational on September 1, 2026;
34.8 	(2)  the total number of residents of the facility on September 1, 2026;
34.9 	(3) the proportion of residents of the facility who are customized living residents on 
34.10 	September 1, 2026;
34.11 	(4) the proportion of residents who are elderly waiver participants on September 1, 2026; 
34.12 	and
34.13 	(5) the difference by facility between the results under clauses (1) to (4) and the same 
34.14 	or similar information submitted by the facility on its rate year 2025 application.
34.15 	(b) The commissioner must solicit from each provider a summary of its financial position 
34.16 	as of September 1, 2026, as compared to its financial position on September 1, 2025, and 
34.17 	a statement of the facility's change in operational margin between September 1, 2025, and 
34.18 	September 1, 2026. The controlling individual of a facility that submits a financial summary 
34.19 	and statement of the facility's change in operational margin must attest to the accuracy of 
34.20 	the financial summary and statement.
34.21 	(c) By January 1, 2027, the commissioner must submit to the chairs and ranking minority 
34.22 	members of the legislative committees with jurisdiction over human services a report 
34.23 	summarizing the data on the impact of the repeal of Minnesota Statutes, section 256S.205, 
34.24 	on those facilities that received a rate floor payment in rate year 2025.
34.25 	(d) The definitions in Minnesota Statutes 2024, section 256S.205, apply to this section.

34.26 	Sec. 31. REPEALER.
 34.27 	(a) Minnesota Statutes 2024, sections 256R.02, subdivision 38; 256R.40; 256R.41; and 
34.28 	256R.481, are repealed.
34.29 	(b) Minnesota Statutes 2024, sections 256R.12, subdivision 10; and 256R.36, are repealed.
34.30 	(c) Minnesota Statutes 2024, section 256R.23, subdivision 6, is repealed.

35.1 	EFFECTIVE DATE. Paragraph (a) is effective January 1, 2026. Paragraph (b) is 
35.2 	effective the day following final enactment. Paragraph (c) is effective October 1, 2025.

35.3 	ARTICLE 2
35.4 	DISABILITY SERVICES

35.5 	Section 1. Minnesota Statutes 2024, section 144A.351, subdivision 1, is amended to read:
35.6 		Subdivision 1.Report requirements. (a) The commissioners of health and human 
35.7 	services, with the cooperation of counties and in consultation with stakeholders, including 
35.8 	persons who need or are using long-term care services and supports, lead agencies, regional 
35.9 	entities, senior, disability, and mental health organization representatives, service providers, 
35.10 	and community members shall compile data regarding the status of the full range of long-term 
35.11 	care services and supports for the elderly and children and adults with disabilities and mental 
35.12 	illnesses in Minnesota. The compiled data shall include:
35.13 	(1) demographics and need for long-term care services and supports in Minnesota;
35.14 	(2) summary of county and regional reports on long-term care gaps, surpluses, imbalances, 
35.15 	and corrective action plans;
35.16 	(3) status of long-term care services and related mental health services, housing options, 
35.17 	and supports by county and region including:
35.18 	(i) changes in availability of the range of long-term care services and housing options;
35.19 	(ii) access problems, including access to the least restrictive and most integrated services 
35.20 	and settings, regarding long-term care services; and
35.21 	(iii) comparative measures of long-term care services availability, including serving 
35.22 	people in their home areas near family, and changes over time; and
35.23 	(4) recommendations regarding goals for the future of long-term care services and 
35.24 	supports, policy and fiscal changes, and resource development and transition needs.; and
35.25 	(5) the following information on the availability of integrated community supports, 
35.26 	updated within 30 days of the end of each of four three-month reporting periods, which 
35.27 	begin on January 1 of each year:
35.28 	(i) the average number of integrated community supports beds occupied, per month, for 
35.29 	the preceding reporting period;
35.30 	(ii) the average number of integrated community supports beds available, per month, 
35.31 	for the preceding reporting period;
36.1 	(iii) the number of integrated community supports setting applications being reviewed 
36.2 	by the commissioner of human services as of the final day of the reporting period; and
36.3 	(vi) the average time of review for integrated community supports setting applications 
36.4 	submitted during the preceding quarter.
36.5 	(b) The commissioners of health and human services shall make the compiled data 
36.6 	available on at least one of the department's websites.

36.7 	Sec. 2. Minnesota Statutes 2024, section 179A.54, is amended by adding a subdivision to 
36.8 	read:
36.9 		Subd. 12.Minnesota Caregiver Retirement Fund Trust. (a) The state and an exclusive 
36.10 	representative certified pursuant to this section may establish a joint labor and management 
36.11 	trust, referred to as the Minnesota Caregiver  Retirement Fund Trust, for the exclusive 
36.12 	purpose of creating, implementing, and administering a retirement program for individual 
36.13 	providers of direct support services who are represented by the exclusive representative.
36.14 	(b) The state must make financial contributions to the Minnesota Caregiver  Retirement 
36.15 	Fund Trust pursuant to a collective bargaining agreement negotiated under this section. The 
36.16 	financial contributions by the state must be held in trust for the purpose of paying, from 
36.17 	principal, income, or both, the costs associated with creating, implementing, and 
36.18 	administering a defined contribution or other individual account retirement program for 
36.19 	individual providers of direct support services working under a collective bargaining 
36.20 	agreement and providing services through a covered program under section 256B.0711. A 
36.21 	board of trustees composed of an equal number of trustees appointed by the governor and 
36.22 	trustees appointed by the exclusive representative under this section must administer, manage, 
36.23 	and otherwise jointly control the Minnesota Caregiver Retirement Fund Trust. The trust 
36.24 	must not be an agent of either the state or the exclusive representative.
36.25 	(c) A third-party administrator, financial management institution, other appropriate 
36.26 	entity, or any combination thereof may provide trust administrative, management, legal, 
36.27 	and financial services to the board of trustees as designated by the board of trustees from 
36.28 	time to time. The services must be paid from the money held in trust and created by the 
36.29 	state's financial contributions to the Minnesota Caregiver Retirement Fund Trust.
36.30 	(d) The state is authorized to purchase liability insurance for members of the board of 
36.31 	trustees appointed by the governor.
37.1 	(e) Financial contributions to or participation in the management or administration of 
37.2 	the Minnesota Caregiver Retirement Fund Trust must not be considered an unfair labor 
37.3 	practice under section 179A.13, or a violation of Minnesota law.
37.4 	(f) Nothing in this section shall be construed to authorize the creation of a defined benefit 
37.5 	retirement plan or program.

37.6 	EFFECTIVE DATE. This section is effective July 1, 2025.

37.7 	Sec. 3. Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision 
37.8 	to read:
37.9 		Subd. 5.Compliance education required. The commissioner must make licensing 
37.10 	compliance education available to all license holders operating programs licensed under 
37.11 	both this chapter and chapter 245D. The licensing compliance education must include clear 
37.12 	and accessible explanations of achieving and maintaining compliance with the relevant 
37.13 	licensing requirements under this chapter and chapter 245D.

37.14 	Sec. 4. Minnesota Statutes 2024, section 245A.06, subdivision 1a, is amended to read:
37.15 		Subd. 1a.Correction orders and conditional licenses for programs licensed as home 
37.16 	and community-based services. (a) For programs licensed under both this chapter and 
37.17 	chapter 245D, if the license holder operates more than one service site under a single license 
37.18 	governed by chapter 245D, the correction order or order of conditional license issued under 
37.19 	this section shall be specific to the service site or sites at which the violations of applicable 
37.20 	law or rules occurred. The order shall not apply to other service sites governed by chapter 
37.21 	245D and operated by the same license holder unless the commissioner has included in the 
37.22 	order the articulable basis for applying the order to another service site.
37.23 	(b) If the commissioner has issued more than one license to the license holder under this 
37.24 	chapter, the conditions imposed order issued under this section shall be specific to the license 
37.25 	for the program at which the violations of applicable law or rules occurred and shall not 
37.26 	apply to other licenses held by the same license holder if those programs are being operated 
37.27 	in substantial compliance with applicable law and rules.
37.28 	(c) Prior to issuing an order of conditional license under this section to a license holder 
37.29 	operating a program licensed under both this chapter and chapter 245D, the commissioner 
37.30 	must inform the license holder that the next audit or investigation may lead to an order of 
37.31 	conditional license if the provider fails to correct the violations specified in a prior correction 
37.32 	order or has any new violations. Nothing in this paragraph limits the commissioner's authority 
38.1 	to take immediate action under section 245A.07 to prevent or correct actions by the license 
38.2 	holder that imminently endanger the health, safety, or rights of the persons served by the 
38.3 	program.
38.4 	(d) The commissioner may reduce the length of time of a conditional license for a license 
38.5 	holder operating a program licensed under both this chapter and chapter 245D if the license 
38.6 	holder demonstrates compliance or progress toward compliance before the conditional 
38.7 	license period expires.
38.8 	(e) By January 1, 2026, and annually thereafter, the commissioner must provide a report 
38.9 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
38.10 	over chapter 245D licensing on the number of correction orders and orders of conditional 
38.11 	license issued to license holders who operate programs licensed under both this chapter and 
38.12 	chapter 245D. The report must include aggregated data on the zip codes of locations, number 
38.13 	of employees, license effective dates for any license holders subject to correction orders 
38.14 	and orders of conditional license, and the commissioner's efforts to offer collaborative safety 
38.15 	process improvements to license holders under section 245A.042 and this subdivision.

38.16 	Sec. 5. Minnesota Statutes 2024, section 245A.06, subdivision 2, is amended to read:
38.17 		Subd. 2.Reconsideration of correction orders. (a) If the applicant or license holder 
38.18 	believes that the contents of the commissioner's correction order are in error, the applicant 
38.19 	or license holder may ask the Department of Human Services to reconsider the parts of the 
38.20 	correction order that are alleged to be in error. The request for reconsideration must be made 
38.21 	in writing and must be postmarked and sent to the commissioner within 20 calendar days 
38.22 	after receipt of the correction order by the applicant or license holder or submitted in the 
38.23 	provider licensing and reporting hub within 20 calendar days from the date the commissioner 
38.24 	issued the order through the hub, and:
38.25 	(1) specify the parts of the correction order that are alleged to be in error;
38.26 	(2) explain why they are in error; and
38.27 	(3) include documentation to support the allegation of error.
38.28 	Upon implementation of the provider licensing and reporting hub, the provider must use 
38.29 	the hub to request reconsideration. A request for reconsideration does not stay any provisions 
38.30 	or requirements of the correction order. The commissioner's disposition of a request for 
38.31 	reconsideration is final and not subject to appeal under chapter 14.
38.32 	(b) This paragraph applies only to licensed family child care providers. A licensed family 
38.33 	child care provider who requests reconsideration of a correction order under paragraph (a) 
39.1 	may also request, on a form and in the manner prescribed by the commissioner, that the 
39.2 	commissioner expedite the review if:
39.3 	(1) the provider is challenging a violation and provides a description of how complying 
39.4 	with the corrective action for that violation would require the substantial expenditure of 
39.5 	funds or a significant change to their program; and
39.6 	(2) describes what actions the provider will take in lieu of the corrective action ordered 
39.7 	to ensure the health and safety of children in care pending the commissioner's review of the 
39.8 	correction order.
39.9 	(b) Notwithstanding paragraph (a), when a request for reconsideration is denied, the 
39.10 	commissioner must offer the option of mediation for a license holder operating a program 
39.11 	licensed under both this chapter and chapter 245D, if a license holder further disputes the 
39.12 	commissioner's correction order. The costs of the mediation option under this paragraph 
39.13 	must be paid by the license holder.

39.14 	Sec. 6. Minnesota Statutes 2024, section 245A.10, subdivision 3, is amended to read:
39.15 		Subd. 3.Application fee for initial license or certification. (a) For fees required under 
39.16 	subdivision 1, an applicant for an initial license or certification issued by the commissioner 
39.17 	shall submit a $500 $10,000 application fee with each new application required under this 
39.18 	subdivision. An applicant for an initial day services facility license under chapter 245D
39.19 	shall submit a $250 application fee with each new application. The application fee shall not 
39.20 	be prorated, is nonrefundable, and is in lieu of the annual license or certification fee that 
39.21 	expires on December 31. The commissioner shall not process an application until the 
39.22 	application fee is paid.
39.23 	(b) Except as provided in paragraph (c), an applicant shall apply for a license to provide 
39.24 	services at a specific location.
39.25 	(c) For a license to provide home and community-based services to persons with 
39.26 	disabilities or age 65 and older under chapter 245D, an applicant shall submit an application 
39.27 	to provide services statewide.

39.28 	Sec. 7. [245A.142] EARLY INTENSIVE DEVELOPMENTAL AND BEHAVIORAL 
39.29 	INTERVENTION PROVISIONAL LICENSURE.
39.30 		Subdivision 1.Regulatory powers. The commissioner shall regulate early intensive 
39.31 	developmental and behavioral intervention (EIDBI) agencies pursuant to this section.
40.1 		Subd. 2.Provisional license. (a) Beginning on January 1, 2026, the commissioner shall 
40.2 	begin issuing provisional licenses to enrolled EIDBI agencies while permanent licensing 
40.3 	standards are developed. Beginning January 1, 2026, no new EIDBI agencies shall be 
40.4 	enrolled to provide EIDBI services. EIDBI agencies enrolled prior to January 1, 2026, have 
40.5 	until April 1, 2026, to submit an application for provisional licensure on the forms and in 
40.6 	the manner prescribed by the commissioner.
40.7 	(b) Beginning April 2, 2026, an EIDBI agency must not operate if it has not submitted 
40.8 	an application for provisional licensure under this section. The commissioner shall disenroll 
40.9 	an EIDBI agency from providing EIDBI services if the EIDBI agency fails to submit an 
40.10 	application for provisional licensure by April 1, 2026.
40.11 	(c) A provisional license is effective until comprehensive EIDBI agency licensure 
40.12 	standards are in effect unless the provisional license is revoked. An applicant whose 
40.13 	application for provisional licensure under this section has been denied may request 
40.14 	reconsideration under subdivision 8.
40.15 	(d) Beginning January 1, 2027, an agency providing EIDBI services must not operate 
40.16 	in Minnesota unless licensed under this section.
40.17 		Subd. 3.Provisional license regulatory functions. The commissioner may:
40.18 	(1) enter the physical premises of the program without advance notice in accordance 
40.19 	with section 245A.04, subdivision 5;
40.20 	(2) investigate reports of maltreatment;
40.21 	(3) investigate complaints against EIDBI agencies limited to the provisions of this 
40.22 	section;
40.23 	(4) take action on a license pursuant to sections 245A.06 and 245A.07;
40.24 	(5) deny an application for provisional licensure; and
40.25 	(6) take other action reasonably required to accomplish the purposes of this section.
40.26 		Subd. 4.Provisional license requirements. A provisional license holder must:
40.27 	(1) identify all controlling individuals, as defined in section 245A.02, subdivision 5a, 
40.28 	for the agency;
40.29 	(2) provide documented disclosures surrounding the use of billing agencies or other 
40.30 	consultants, available to the department upon request;
41.1 	(3) establish provider policies and procedures related to staff training, staff qualifications, 
41.2 	quality assurance, and service activities;
41.3 	(4) document contracts with independent contractors for qualified supervising 
41.4 	professionals, including the number of hours contracted and responsibilities, available to 
41.5 	the department upon request; and
41.6 	(5) comply with section 256B.0949, subdivisions 2, 3a, 6, 7, 14, 15, 16, and 16a, and 
41.7 	exceptions to qualifications, standards, and requirements granted by the commissioner under 
41.8 	section 256B.0949, subdivision 17.
41.9 		Subd. 5.Reporting of maltreatment. EIDBI agencies must comply with the requirements 
41.10 	of reporting of maltreatment of vulnerable adults and minors under section 626.557 and 
41.11 	chapter 260E.
41.12 		Subd. 6.Background studies. A provisional license holder must initiate a background 
41.13 	study through the commissioner's NETStudy 2.0 system as provided under section 245C.03.
41.14 		Subd. 7.Revocations. The commissioner may revoke a provisional license if the 
41.15 	provisional license holder is not in substantial compliance with the requirements in this 
41.16 	section.
41.17 		Subd. 8.Reconsideration. (a) If a provisional license holder disagrees with a sanction 
41.18 	under subdivision 7 or a denial of a provisional license application, the provisional license 
41.19 	holder may request reconsideration by the commissioner. The reconsideration request process 
41.20 	must be conducted internally by the commissioner and is not an administrative appeal under 
41.21 	chapter 14 or section 256.045.
41.22 	(b) The provisional licensee requesting the reconsideration must make the request on 
41.23 	the forms and in the manner prescribed by the commissioner.
41.24 	(c) A complete reconsideration request and supporting documentation must be received 
41.25 	by the commissioner within 15 calendar days after the date the provisional license holder 
41.26 	receives notice of the sanction under subdivision 7.
41.27 		Subd. 9.Continued operation. A provisional license holder may continue to operate 
41.28 	after receiving notice of denial of a provisional license application or revocation:
41.29 	(1) during the 15 calendar day reconsideration window; or
41.30 	(2) during the pendency of a reconsideration.
42.1 		Subd. 10.Disenrollment. The commissioner shall disenroll an EIDBI agency from 
42.2 	providing EIDBI services if the EIDBI agency's application has been denied under 
42.3 	subdivision 2 or the agency's provisional license has been revoked under subdivision 7.
42.4 		Subd. 11.Transition to nonprovisional EIDBI license; future licensure standards. (a) 
42.5 	The commissioner must develop a process and transition plan for comprehensive EIDBI 
42.6 	agency licensure by July 1, 2027.
42.7 	(b) By January 1, 2028, the commissioner shall establish standards for nonprovisional 
42.8 	EIDBI agency licensure and submit proposed legislation to the chairs and ranking minority 
42.9 	members of the legislative committees with jurisdiction over human services licensing.

42.10 	EFFECTIVE DATE. This section is effective July 1, 2025.

42.11 	Sec. 8. Minnesota Statutes 2024, section 245C.16, subdivision 1, is amended to read:
42.12 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines 
42.13 	that the individual studied has a disqualifying characteristic, the commissioner shall review 
42.14 	the information immediately available and make a determination as to the subject's immediate 
42.15 	risk of harm to persons served by the program where the individual studied will have direct 
42.16 	contact with, or access to, people receiving services.
42.17 	(b) The commissioner shall consider all relevant information available, including the 
42.18 	following factors in determining the immediate risk of harm:
42.19 	(1) the recency of the disqualifying characteristic;
42.20 	(2) the recency of discharge from probation for the crimes;
42.21 	(3) the number of disqualifying characteristics;
42.22 	(4) the intrusiveness or violence of the disqualifying characteristic;
42.23 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
42.24 	(6) the similarity of the victim to the persons served by the program where the individual 
42.25 	studied will have direct contact;
42.26 	(7) whether the individual has a disqualification from a previous background study that 
42.27 	has not been set aside;
42.28 	(8) if the individual has a disqualification which may not be set aside because it is a 
42.29 	permanent bar under section 245C.24, subdivision 1, or the individual is a child care 
42.30 	background study subject who has a felony-level conviction for a drug-related offense in 
42.31 	the last five years, the commissioner may order the immediate removal of the individual 
43.1 	from any position allowing direct contact with, or access to, persons receiving services from 
43.2 	the program and from working in a children's residential facility or foster residence setting; 
43.3 	and
43.4 	(9) if the individual has a disqualification which may not be set aside because it is a 
43.5 	permanent bar under section 245C.24, subdivision 2, or the individual is a child care 
43.6 	background study subject who has a felony-level conviction for a drug-related offense during 
43.7 	the last five years, the commissioner may order the immediate removal of the individual 
43.8 	from any position allowing direct contact with or access to persons receiving services from 
43.9 	the center and from working in a licensed child care center or certified license-exempt child 
43.10 	care center.
43.11 	(c) This section does not apply when the subject of a background study is regulated by 
43.12 	a health-related licensing board as defined in chapter 214, and the subject is determined to 
43.13 	be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
43.14 	(d) This section does not apply to a background study related to an initial application 
43.15 	for a child foster family setting license.
43.16 	(e) Except for paragraph (f), this section does not apply to a background study that is 
43.17 	also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a 
43.18 	personal care assistant or a qualified professional as defined in section 256B.0659, 
43.19 	subdivision 1, or to a background study for an individual providing early intensive 
43.20 	developmental and behavioral intervention services under section 245A.142 or 256B.0949.
43.21 	(f) If the commissioner has reason to believe, based on arrest information or an active 
43.22 	maltreatment investigation, that an individual poses an imminent risk of harm to persons 
43.23 	receiving services, the commissioner may order that the person be continuously supervised 
43.24 	or immediately removed pending the conclusion of the maltreatment investigation or criminal 
43.25 	proceedings.

43.26 	EFFECTIVE DATE. This section is effective January 1, 2026.

43.27 	Sec. 9. Minnesota Statutes 2024, section 245D.091, subdivision 2, is amended to read:
43.28 		Subd. 2.Positive support professional qualifications. A positive support professional 
43.29 	providing positive support services as identified in section 245D.03, subdivision 1, paragraph 
43.30 	(c), clause (1), item (i), must have competencies in the following areas as required under 
43.31 	the brain injury, community access for disability inclusion, community alternative care, and 
43.32 	developmental disabilities waiver plans or successor plans:
43.33 	(1) ethical considerations;
44.1 	(2) functional assessment;
44.2 	(3) functional analysis;
44.3 	(4) measurement of behavior and interpretation of data;
44.4 	(5) selecting intervention outcomes and strategies;
44.5 	(6) behavior reduction and elimination strategies that promote least restrictive approved 
44.6 	alternatives;
44.7 	(7) data collection;
44.8 	(8) staff and caregiver training;
44.9 	(9) support plan monitoring;
44.10 	(10) co-occurring mental disorders or neurocognitive disorder;
44.11 	(11) demonstrated expertise with populations being served; and
44.12 	(12) must be a:
44.13 	(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board 
44.14 	of Psychology competencies in the above identified areas;
44.15 	(ii) clinical social worker licensed as an independent clinical social worker under chapter 
44.16 	148D, or a person with a master's degree in social work from an accredited college or 
44.17 	university, with at least 4,000 hours of post-master's supervised experience in the delivery 
44.18 	of clinical services in the areas identified in clauses (1) to (11);
44.19 	(iii) physician licensed under chapter 147 and certified by the American Board of 
44.20 	Psychiatry and Neurology or eligible for board certification in psychiatry with competencies 
44.21 	in the areas identified in clauses (1) to (11);
44.22 	(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39 
44.23 	with at least 4,000 hours of post-master's supervised experience in the delivery of clinical 
44.24 	services who has demonstrated competencies in the areas identified in clauses (1) to (11);
44.25 	(v) person with a master's degree from an accredited college or university in one of the 
44.26 	behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised 
44.27 	experience in the delivery of clinical services with demonstrated competencies in the areas 
44.28 	identified in clauses (1) to (11);
44.29 	(vi) person with a master's degree or PhD in one of the behavioral sciences or related 
44.30 	fields with demonstrated expertise in positive support services, as determined by the person's 
44.31 	needs as outlined in the person's assessment summary; or
45.1 	(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is 
45.2 	certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and 
45.3 	mental health nursing by a national nurse certification organization, or who has a master's 
45.4 	degree in nursing or one of the behavioral sciences or related fields from an accredited 
45.5 	college or university or its equivalent, with at least 4,000 hours of post-master's supervised 
45.6 	experience in the delivery of clinical services; or
45.7 	(viii) person who has completed a competency-based training program as determined 
45.8 	by the commissioner.

45.9 	Sec. 10. Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:
45.10 		Subd. 3.Positive support analyst qualifications. (a) A positive support analyst providing 
45.11 	positive support services as identified in section 245D.03, subdivision 1, paragraph (c), 
45.12 	clause (1), item (i), must have competencies in one of the following areas satisfy one of the 
45.13 	following requirements as required under the brain injury, community access for disability 
45.14 	inclusion, community alternative care, and developmental disabilities waiver plans or 
45.15 	successor plans:
45.16 	(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social 
45.17 	services discipline or nursing;
45.18 	(2) meet the qualifications of a mental health practitioner as defined in section 245.462, 
45.19 	subdivision 17; or
45.20 	(3) be a board-certified behavior analyst or board-certified assistant behavior analyst by 
45.21 	the Behavior Analyst Certification Board, Incorporated; or
45.22 	(4) have completed a competency-based training program as determined by the 
45.23 	commissioner.
45.24 	(b) In addition, a positive support analyst must:
45.25 	(1) either have two years of supervised experience conducting functional behavior 
45.26 	assessments and designing, implementing, and evaluating effectiveness of positive practices 
45.27 	behavior support strategies for people who exhibit challenging behaviors as well as 
45.28 	co-occurring mental disorders and neurocognitive disorder, or for those who have obtained 
45.29 	a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated 
45.30 	expertise in positive support services;
45.31 	(2) have received training prior to hire or within 90 calendar days of hire that includes:
45.32 	(i) ten hours of instruction in functional assessment and functional analysis;
46.1 	(ii) 20 hours of instruction in the understanding of the function of behavior;
46.2 	(iii) ten hours of instruction on design of positive practices behavior support strategies;
46.3 	(iv) 20 hours of instruction preparing written intervention strategies, designing data 
46.4 	collection protocols, training other staff to implement positive practice strategies, 
46.5 	summarizing and reporting program evaluation data, analyzing program evaluation data to 
46.6 	identify design flaws in behavioral interventions or failures in implementation fidelity, and 
46.7 	recommending enhancements based on evaluation data; and
46.8 	(v) eight hours of instruction on principles of person-centered thinking;
46.9 	(3) be determined by a positive support professional to have the training and prerequisite 
46.10 	skills required to provide positive practice strategies as well as behavior reduction approved 
46.11 	and permitted intervention to the person who receives positive support; and
46.12 	(4) be under the direct supervision of a positive support professional.
46.13 	(c) Meeting the qualifications for a positive support professional under subdivision 2 
46.14 	shall substitute for meeting the qualifications listed in paragraph (b).

46.15 	Sec. 11. Minnesota Statutes 2024, section 245D.12, is amended to read:
46.16 	245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY 
46.17 	REPORT.
46.18 		Subdivision 1.Setting capacity report. (a) The license holder providing integrated 
46.19 	community support, as defined in section 245D.03, subdivision 1, paragraph (c), clause (8), 
46.20 	must submit a setting capacity report to the commissioner to ensure the identified location 
46.21 	of service delivery meets the criteria of the home and community-based service requirements 
46.22 	as specified in section 256B.492.
46.23 	(b) The license holder shall provide the setting capacity report on the forms and in the 
46.24 	manner prescribed by the commissioner. The report must include:
46.25 	(1) the address of the multifamily housing building where the license holder delivers 
46.26 	integrated community supports and owns, leases, or has a direct or indirect financial 
46.27 	relationship with the property owner;
46.28 	(2) the total number of living units in the multifamily housing building described in 
46.29 	clause (1) where integrated community supports are delivered;
46.30 	(3) the total number of living units in the multifamily housing building described in 
46.31 	clause (1), including the living units identified in clause (2);
47.1 	(4) the total number of people who could reside in the living units in the multifamily 
47.2 	housing building described in clause (2) and receive integrated community supports; and
47.3 	(5) the percentage of living units that are controlled by the license holder in the 
47.4 	multifamily housing building by dividing clause (2) by clause (3).
47.5 	(c) Only one license holder may deliver integrated community supports at the address 
47.6 	of the multifamily housing building.
47.7 		Subd. 2.Setting approval moratorium. (a) The commissioner must not approve an 
47.8 	integrated community supports setting for which a setting capacity report was submitted 
47.9 	between July 1, 2025, and June 30, 2027.
47.10 	(b) The commissioner may approve exceptions to the approval moratorium under this 
47.11 	subdivision if the commissioner determines:
47.12 	(1) a new integrated community supports setting is needed to provide integrated 
47.13 	community supports for a person requiring hospital-level care;
47.14 	(2) a new integrated community supports setting is needed for a licensed assisted living 
47.15 	facility that is closing or converting from an assisted living facility license to a licensed 
47.16 	integrated community supports provider; or
47.17 	(3) a new integrated community supports setting with specialized qualities, including 
47.18 	wheelchair accessible units, specialized equipment, or other unique qualities is needed to 
47.19 	meet the needs of a client identified by the local county board.
47.20 	(c) When approving an exception under this subdivision, the commissioner shall consider: 
47.21 	the availability of approved integrated community supports settings in the geographic area 
47.22 	where the licensee seeks to operate, including the number of living units approved and the 
47.23 	total number of people who could reside in the approved living units while receiving 
47.24 	integrated community services; the results of a person's choices during the person's annual 
47.25 	assessment and service plan review; and the recommendation of the local county board. 
47.26 	The approval or denial of an exception by the commissioner is final and is not subject to 
47.27 	appeal.

47.28 	Sec. 12. [245D.13] OUT-OF-HOME RESPITE CARE SERVICES FOR CHILDREN.
47.29 		Subdivision 1.Licensed setting required. A license holder with a home and 
47.30 	community-based services license providing out-of-home respite care services for children 
47.31 	may do so only in a licensed setting, unless exempt under subdivision 2. For the purposes 
48.1 	of this section, "respite care services" has the meaning given in section 245A.02, subdivision 
48.2 	15.
48.3 		Subd. 2.Exemption from licensed setting requirement. (a) The exemption under this 
48.4 	subdivision does not apply to the provision of respite care services to a child in foster care 
48.5 	under chapter 260C or 260D.
48.6 	(b) A license holder with a home and community-based services license may provide 
48.7 	out-of-home respite care services for children in an unlicensed residential setting if:
48.8 	(1) all background studies are completed according to the requirements in chapter 245C;
48.9 	(2) a child's case manager conducts and documents an assessment of the residential 
48.10 	setting and its environment before services are provided and at least once each calendar 
48.11 	year thereafter if services continue to be provided at that residence. The assessment must 
48.12 	ensure that the setting is suitable for the child receiving respite care services. The assessment 
48.13 	must be conducted and documented in the manner prescribed by the commissioner;
48.14 	(3) the child's legal representative visits the residence and signs and dates a statement 
48.15 	authorizing services in the residence before services are provided and at least once each 
48.16 	calendar year thereafter if services continue to be provided at that residence;
48.17 	(4) the services are provided in a residential setting that is not licensed to provide any 
48.18 	other licensed services;
48.19 	(5) the services are provided to no more than four children at any one time. Each child 
48.20 	must have an individual bedroom, except two siblings may share a bedroom;
48.21 	(6) the services are not provided to children and adults over the age of 21 in the same 
48.22 	residence at the same time;
48.23 	(7) the services are not provided to a single family for more than 46 calendar days in a 
48.24 	calendar year and no more than ten consecutive days;
48.25 	(8) the license holder's license was not made conditional, suspended, or revoked during 
48.26 	the previous 24 months; and
48.27 	(9) each individual in the residence at the time services are provided, other than 
48.28 	individuals receiving services, is an employee, as defined under section 245C.02, of the 
48.29 	license holder and has had a background study completed under chapter 245C. No other 
48.30 	household members or other individuals may be present in the residence while services are 
48.31 	provided.
49.1 	(c) A child may not receive out-of-home respite care services in more than two unlicensed 
49.2 	residential settings in a calendar year.
49.3 	(d) The license holder must ensure the requirements in this section are met.
49.4 		Subd. 3.Documentation requirements. The license holder must maintain documentation 
49.5 	of the following:
49.6 	(1) background studies completed under chapter 245C;
49.7 	(2) service recipient records indicating the calendar dates and times when services were 
49.8 	provided;
49.9 	(3) the case manager's initial residential setting assessment and each residential assessment 
49.10 	completed thereafter; and
49.11 	(4) the legal representative's approval of the residential setting before services are 
49.12 	provided and each year thereafter.

49.13 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
49.14 	whichever is later. The commissioner of human services shall inform the revisor of statutes 
49.15 	when federal approval is obtained.

49.16 	Sec. 13. Minnesota Statutes 2024, section 252.32, subdivision 3, is amended to read:
49.17 		Subd. 3.Amount of support grant; use. (a) Support grant amounts shall be determined 
49.18 	by the county social service agency. Services and items purchased with a support grant 
49.19 	must:
49.20 	(1) be over and above the normal costs of caring for the dependent if the dependent did 
49.21 	not have a disability, including adaptive or one-on-one swimming lessons for drowning 
49.22 	prevention for a dependent whose disability puts them at a higher risk of drowning according 
49.23 	to the Centers for Disease Control Vital Statistics System;
49.24 	(2) be directly attributable to the dependent's disabling condition; and
49.25 	(3) enable the family to delay or prevent the out-of-home placement of the dependent.
49.26 	(b) The design and delivery of services and items purchased under this section must be 
49.27 	provided in the least restrictive environment possible, consistent with the needs identified 
49.28 	in the individual service plan.
49.29 	(c) Items and services purchased with support grants must be those for which there are 
49.30 	no other public or private funds available to the family. Fees assessed to parents for health 
50.1 	or human services that are funded by federal, state, or county dollars are not reimbursable 
50.2 	through this program.
50.3 	(d) In approving or denying applications, the county shall consider the following factors:
50.4 	(1) the extent and areas of the functional limitations of a child with a disability;
50.5 	(2) the degree of need in the home environment for additional support; and
50.6 	(3) the potential effectiveness of the grant to maintain and support the person in the 
50.7 	family environment.
50.8 	(e) The maximum monthly grant amount shall be $250 per eligible dependent, or $3,000 
50.9 	per eligible dependent per state fiscal year, within the limits of available funds and as 
50.10 	adjusted by any legislatively authorized cost of living adjustment. The county social service 
50.11 	agency may consider the dependent's Supplemental Security Income in determining the 
50.12 	amount of the support grant.
50.13 	(f) Any adjustments to their monthly grant amount must be based on the needs of the 
50.14 	family and funding availability.

50.15 	Sec. 14. Minnesota Statutes 2024, section 256.476, subdivision 4, is amended to read:
50.16 		Subd. 4.Support grants; criteria and limitations. (a) A county board may choose to 
50.17 	participate in the consumer support grant program. If a county has not chosen to participate 
50.18 	by July 1, 2002, the commissioner shall contract with another county or other entity to 
50.19 	provide access to residents of the nonparticipating county who choose the consumer support 
50.20 	grant option. The commissioner shall notify the county board in a county that has declined 
50.21 	to participate of the commissioner's intent to enter into a contract with another county or 
50.22 	other entity at least 30 days in advance of entering into the contract. The local agency shall 
50.23 	establish written procedures and criteria to determine the amount and use of support grants. 
50.24 	These procedures must include, at least, the availability of respite care, assistance with daily 
50.25 	living, and adaptive aids. The local agency may establish monthly or annual maximum 
50.26 	amounts for grants and procedures where exceptional resources may be required to meet 
50.27 	the health and safety needs of the person on a time-limited basis, however, the total amount 
50.28 	awarded to each individual may not exceed the limits established in subdivision 11.
50.29 	(b) Support grants to a person, a person's legal representative, or other authorized 
50.30 	representative will be provided through a monthly subsidy payment and be in the form of 
50.31 	cash, voucher, or direct county payment to vendor. Support grant amounts must be determined 
50.32 	by the local agency. Each service and item purchased with a support grant must meet all of 
50.33 	the following criteria:
51.1 	(1) it must be over and above the normal cost of caring for the person if the person did 
51.2 	not have functional limitations, including adaptive or one-on-one swimming lessons for 
51.3 	drowning prevention for a person whose disability puts them at a higher risk of drowning 
51.4 	according to the Centers for Disease Control Vital Statistics System;
51.5 	(2) it must be directly attributable to the person's functional limitations;
51.6 	(3) it must enable the person, a person's legal representative, or other authorized 
51.7 	representative to delay or prevent out-of-home placement of the person; and
51.8 	(4) it must be consistent with the needs identified in the service agreement, when 
51.9 	applicable.
51.10 	(c) Items and services purchased with support grants must be those for which there are 
51.11 	no other public or private funds available to the person, a person's legal representative, or 
51.12 	other authorized representative. Fees assessed to the person or the person's family for health 
51.13 	and human services are not reimbursable through the grant.
51.14 	(d) In approving or denying applications, the local agency shall consider the following 
51.15 	factors:
51.16 	(1) the extent and areas of the person's functional limitations;
51.17 	(2) the degree of need in the home environment for additional support; and
51.18 	(3) the potential effectiveness of the grant to maintain and support the person in the 
51.19 	family environment or the person's own home.
51.20 	(e) At the time of application to the program or screening for other services, the person, 
51.21 	a person's legal representative, or other authorized representative shall be provided sufficient 
51.22 	information to ensure an informed choice of alternatives by the person, the person's legal 
51.23 	representative, or other authorized representative, if any. The application shall be made to 
51.24 	the local agency and shall specify the needs of the person or the person's legal representative 
51.25 	or other authorized representative, the form and amount of grant requested, the items and 
51.26 	services to be reimbursed, and evidence of eligibility for medical assistance.
51.27 	(f) Upon approval of an application by the local agency and agreement on a support plan 
51.28 	for the person or the person's legal representative or other authorized representative, the 
51.29 	local agency shall make grants to the person or the person's legal representative or other 
51.30 	authorized representative. The grant shall be in an amount for the direct costs of the services 
51.31 	or supports outlined in the service agreement.
52.1 	(g) Reimbursable costs shall not include costs for resources already available, such as 
52.2 	special education classes, day training and habilitation, case management, other services to 
52.3 	which the person is entitled, medical costs covered by insurance or other health programs, 
52.4 	or other resources usually available at no cost to the person or the person's legal representative 
52.5 	or other authorized representative.
52.6 	(h) The state of Minnesota, the county boards participating in the consumer support 
52.7 	grant program, or the agencies acting on behalf of the county boards in the implementation 
52.8 	and administration of the consumer support grant program shall not be liable for damages, 
52.9 	injuries, or liabilities sustained through the purchase of support by the individual, the 
52.10 	individual's family, or the authorized representative under this section with funds received 
52.11 	through the consumer support grant program. Liabilities include but are not limited to: 
52.12 	workers' compensation liability, the Federal Insurance Contributions Act (FICA), or the 
52.13 	Federal Unemployment Tax Act (FUTA). For purposes of this section, participating county 
52.14 	boards and agencies acting on behalf of county boards are exempt from the provisions of 
52.15 	section 268.035.

52.16 	Sec. 15. [256.4768] DISABILITY SERVICES TECHNOLOGY AND ADVOCACY 
52.17 	EXPANSION GRANT.
52.18 		Subdivision 1.Establishment. (a) A disability services technology and advocacy 
52.19 	expansion grant is established to:
52.20 	(1) support the expansion of assistive technology and remote support services for people 
52.21 	with disabilities; and
52.22 	(2) strengthen advocacy efforts for individuals with disabilities and the providers who 
52.23 	serve individuals with disabilities.
52.24 	(b) The commissioner of human services must award the grant to an eligible grantee.
52.25 		Subd. 2.Eligible grantee. An eligible grantee must:
52.26 	(1) be a nonprofit organization with a statewide reach;
52.27 	(2) have demonstrated knowledge of various forms of assistive technology and remote 
52.28 	support for people with disabilities; and
52.29 	(3) have proven capacity to provide education and training to multiple constituencies.
52.30 		Subd. 3.Allowable uses of grant money. Grant money must be used to:
52.31 	(1) develop and deliver comprehensive training programs for lead agencies, disability 
52.32 	service providers, schools, employment support agencies, and individuals with disabilities 
53.1 	and their families to ensure effective use of assistive technology and remote support tools. 
53.2 	Training must address specific challenges faced by individuals with disabilities, such as 
53.3 	accessibility, independence, and health monitoring;
53.4 	(2) provide resources and support to advocacy organizations that work with individuals 
53.5 	with disabilities and service providers. Resources and support must be used to promote the 
53.6 	use of assistive technology to increase self-determination and community participation;
53.7 	(3) maintain, distribute, and create accessible resources related to assistive technology 
53.8 	and remote support. Materials must be tailored to address the unique needs of individuals 
53.9 	with disabilities and the people and organizations who support individuals with disabilities;
53.10 	(4) conduct research to explore new and emerging assistive technology solutions that 
53.11 	address the evolving needs of individuals with disabilities. The research must emphasize 
53.12 	the role of technology in promoting independence, improving quality of life, and ensuring 
53.13 	safety; and
53.14 	(5) conduct outreach initiatives to engage disability communities, service providers, and 
53.15 	advocacy groups across Minnesota to promote awareness of assistive technology and remote 
53.16 	support services. Outreach initiatives must focus on reaching underserved and rural 
53.17 	populations.
53.18 		Subd. 4.Evaluation and reporting requirements. (a) The grant recipient must submit 
53.19 	an annual report by June 30 each year to the legislative committees with jurisdiction over 
53.20 	disability services. The annual report must include:
53.21 	(1) the number of individuals with disabilities and service providers who received training 
53.22 	during the reporting year;
53.23 	(2) data on the impact of assistive technology and remote support in improving quality 
53.24 	of life, safety, and independence for individuals with disabilities; and
53.25 	(3) recommendations for further advancing technology-driven disability advocacy efforts 
53.26 	based on feedback and research findings.
53.27 	(b) No later than three months after the grant period has ended, a final evaluation must 
53.28 	be submitted to the legislative committees with jurisdiction over disability services to assess 
53.29 	the overall impact on expanding access to assistive technology and remote support, with a 
53.30 	focus on lessons learned and future opportunities for Minnesota's disability communities 
53.31 	and service providers.
53.32 		Subd. 5.Grant period. The grant period under this section is from July 1, 2025, to June 
53.33 	30, 2030.

54.1 	Sec. 16. Minnesota Statutes 2024, section 256B.04, subdivision 21, is amended to read:
54.2 		Subd. 21.Provider enrollment. (a) The commissioner shall enroll providers and conduct 
54.3 	screening activities as required by Code of Federal Regulations, title 42, section 455, subpart 
54.4 	E. A provider must enroll each provider-controlled location where direct services are 
54.5 	provided. The commissioner may deny a provider's incomplete application if a provider 
54.6 	fails to respond to the commissioner's request for additional information within 60 days of 
54.7 	the request. The commissioner must conduct a background study under chapter 245C, 
54.8 	including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses 
54.9 	(1) to (5), for a provider described in this paragraph. The background study requirement 
54.10 	may be satisfied if the commissioner conducted a fingerprint-based background study on 
54.11 	the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph 
54.12 	(a), clauses (1) to (5).
54.13 	(b) The commissioner shall revalidate each:
54.14 	(1) each provider under this subdivision at least once every five years; and
54.15 	(2) each personal care assistance agency under this subdivision once every three years.; 
54.16 	and
54.17 	(3) at the commissioner's discretion, any other Medicaid-only provider type the 
54.18 	commissioner deems "high risk" under this subdivision.
54.19 	(c) The commissioner shall conduct revalidation as follows:
54.20 	(1) provide 30-day notice of the revalidation due date including instructions for 
54.21 	revalidation and a list of materials the provider must submit;
54.22 	(2) if a provider fails to submit all required materials by the due date, notify the provider 
54.23 	of the deficiency within 30 days after the due date and allow the provider an additional 30 
54.24 	days from the notification date to comply; and
54.25 	(3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day 
54.26 	notice of termination and immediately suspend the provider's ability to bill. The provider 
54.27 	does not have the right to appeal suspension of ability to bill.
54.28 	(d) If a provider fails to comply with any individual provider requirement or condition 
54.29 	of participation, the commissioner may suspend the provider's ability to bill until the provider 
54.30 	comes into compliance. The commissioner's decision to suspend the provider is not subject 
54.31 	to an administrative appeal.
55.1 	(e) Correspondence and notifications, including notifications of termination and other 
55.2 	actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph 
55.3 	does not apply to correspondences and notifications related to background studies.
55.4 	(f) If the commissioner or the Centers for Medicare and Medicaid Services determines 
55.5 	that a provider is designated "high-risk," the commissioner may withhold payment from 
55.6 	providers within that category upon initial enrollment for a 90-day period. The withholding 
55.7 	for each provider must begin on the date of the first submission of a claim.
55.8 	(g) An enrolled provider that is also licensed by the commissioner under chapter 245A, 
55.9 	is licensed as a home care provider by the Department of Health under chapter 144A, or is 
55.10 	licensed as an assisted living facility under chapter 144G and has a home and 
55.11 	community-based services designation on the home care license under section 144A.484, 
55.12 	must designate an individual as the entity's compliance officer. The compliance officer 
55.13 	must:
55.14 	(1) develop policies and procedures to assure adherence to medical assistance laws and 
55.15 	regulations and to prevent inappropriate claims submissions;
55.16 	(2) train the employees of the provider entity, and any agents or subcontractors of the 
55.17 	provider entity including billers, on the policies and procedures under clause (1);
55.18 	(3) respond to allegations of improper conduct related to the provision or billing of 
55.19 	medical assistance services, and implement action to remediate any resulting problems;
55.20 	(4) use evaluation techniques to monitor compliance with medical assistance laws and 
55.21 	regulations;
55.22 	(5) promptly report to the commissioner any identified violations of medical assistance 
55.23 	laws or regulations; and
55.24 	(6) within 60 days of discovery by the provider of a medical assistance reimbursement 
55.25 	overpayment, report the overpayment to the commissioner and make arrangements with 
55.26 	the commissioner for the commissioner's recovery of the overpayment.
55.27 	The commissioner may require, as a condition of enrollment in medical assistance, that a 
55.28 	provider within a particular industry sector or category establish a compliance program that 
55.29 	contains the core elements established by the Centers for Medicare and Medicaid Services.
55.30 	(h) The commissioner may revoke the enrollment of an ordering or rendering provider 
55.31 	for a period of not more than one year, if the provider fails to maintain and, upon request 
55.32 	from the commissioner, provide access to documentation relating to written orders or requests 
55.33 	for payment for durable medical equipment, certifications for home health services, or 
56.1 	referrals for other items or services written or ordered by such provider, when the 
56.2 	commissioner has identified a pattern of a lack of documentation. A pattern means a failure 
56.3 	to maintain documentation or provide access to documentation on more than one occasion. 
56.4 	Nothing in this paragraph limits the authority of the commissioner to sanction a provider 
56.5 	under the provisions of section 256B.064.
56.6 	(i) The commissioner shall terminate or deny the enrollment of any individual or entity 
56.7 	if the individual or entity has been terminated from participation in Medicare or under the 
56.8 	Medicaid program or Children's Health Insurance Program of any other state. The 
56.9 	commissioner may exempt a rehabilitation agency from termination or denial that would 
56.10 	otherwise be required under this paragraph, if the agency:
56.11 	(1) is unable to retain Medicare certification and enrollment solely due to a lack of billing 
56.12 	to the Medicare program;
56.13 	(2) meets all other applicable Medicare certification requirements based on an on-site 
56.14 	review completed by the commissioner of health; and
56.15 	(3) serves primarily a pediatric population.
56.16 	(j) As a condition of enrollment in medical assistance, the commissioner shall require 
56.17 	that a provider designated "moderate" or "high-risk" by the Centers for Medicare and 
56.18 	Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid 
56.19 	Services, its agents, or its designated contractors and the state agency, its agents, or its 
56.20 	designated contractors to conduct unannounced on-site inspections of any provider location. 
56.21 	The commissioner shall publish in the Minnesota Health Care Program Provider Manual a 
56.22 	list of provider types designated "limited," "moderate," or "high-risk," based on the criteria 
56.23 	and standards used to designate Medicare providers in Code of Federal Regulations, title 
56.24 	42, section 424.518. The list and criteria are not subject to the requirements of chapter 14. 
56.25 	The commissioner's designations are not subject to administrative appeal.
56.26 	(k) As a condition of enrollment in medical assistance, the commissioner shall require 
56.27 	that a high-risk provider, or a person with a direct or indirect ownership interest in the 
56.28 	provider of five percent or higher, consent to criminal background checks, including 
56.29 	fingerprinting, when required to do so under state law or by a determination by the 
56.30 	commissioner or the Centers for Medicare and Medicaid Services that a provider is designated 
56.31 	high-risk for fraud, waste, or abuse.
56.32 	(l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable 
56.33 	medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers 
56.34 	meeting the durable medical equipment provider and supplier definition in clause (3), 
57.1 	operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is 
57.2 	annually renewed and designates the Minnesota Department of Human Services as the 
57.3 	obligee, and must be submitted in a form approved by the commissioner. For purposes of 
57.4 	this clause, the following medical suppliers are not required to obtain a surety bond: a 
57.5 	federally qualified health center, a home health agency, the Indian Health Service, a 
57.6 	pharmacy, and a rural health clinic.
57.7 	(2) At the time of initial enrollment or reenrollment, durable medical equipment providers 
57.8 	and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating 
57.9 	provider's Medicaid revenue in the previous calendar year is up to and including $300,000, 
57.10 	the provider agency must purchase a surety bond of $50,000. If a revalidating provider's 
57.11 	Medicaid revenue in the previous calendar year is over $300,000, the provider agency must 
57.12 	purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and 
57.13 	fees in pursuing a claim on the bond.
57.14 	(3) "Durable medical equipment provider or supplier" means a medical supplier that can 
57.15 	purchase medical equipment or supplies for sale or rental to the general public and is able 
57.16 	to perform or arrange for necessary repairs to and maintenance of equipment offered for 
57.17 	sale or rental.
57.18 	(m) The Department of Human Services may require a provider to purchase a surety 
57.19 	bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment 
57.20 	if: (1) the provider fails to demonstrate financial viability, (2) the department determines 
57.21 	there is significant evidence of or potential for fraud and abuse by the provider, or (3) the 
57.22 	provider or category of providers is designated high-risk pursuant to paragraph (f) and as 
57.23 	per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an 
57.24 	amount of $100,000 or ten percent of the provider's payments from Medicaid during the 
57.25 	immediately preceding 12 months, whichever is greater. The surety bond must name the 
57.26 	Department of Human Services as an obligee and must allow for recovery of costs and fees 
57.27 	in pursuing a claim on the bond. This paragraph does not apply if the provider currently 
57.28 	maintains a surety bond under the requirements in section 256B.0659 or 256B.85.

57.29 	EFFECTIVE DATE. This section is effective July 1, 2025.

57.30 	Sec. 17. Minnesota Statutes 2024, section 256B.0659, subdivision 17a, is amended to 
57.31 	read:
57.32 		Subd. 17a.Enhanced rate. (a) An enhanced rate of 107.5 percent of the rate paid for 
57.33 	personal care assistance services shall be paid for services provided to persons who qualify 
57.34 	for ten or more hours of personal care assistance services per day when provided by a 
58.1 	personal care assistant who meets the requirements of subdivision 11, paragraph (d). This 
58.2 	paragraph expires upon the effective date of paragraph (b).
58.3 	(b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced 
58.4 	rate of 112.5 percent of the rate paid for personal care assistance services shall be paid for 
58.5 	services provided to persons who qualify for ten or more hours of personal care assistance 
58.6 	services per day when provided by a personal care assistant who meets the requirements of 
58.7 	subdivision 11, paragraph (d).
58.8 	(b) (c) A personal care assistance provider must use all additional revenue attributable 
58.9 	to the rate enhancements under this subdivision for the wages and wage-related costs of the 
58.10 	personal care assistants, including any corresponding increase in the employer's share of 
58.11 	FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' 
58.12 	compensation premiums. The agency must not use the additional revenue attributable to 
58.13 	any enhanced rate under this subdivision to pay for mileage reimbursement, health and 
58.14 	dental insurance, life insurance, disability insurance, long-term care insurance, uniform 
58.15 	allowance, contributions to employee retirement accounts, or any other employee benefits.
58.16 	(c) (d) Any change in the eligibility criteria for the enhanced rate for personal care 
58.17 	assistance services as described in this subdivision and referenced in subdivision 11, 
58.18 	paragraph (d), does not constitute a change in a term or condition for individual providers 
58.19 	as defined in section 256B.0711, and is not subject to the state's obligation to meet and 
58.20 	negotiate under chapter 179A.

58.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

58.22 	Sec. 18. Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to read:
58.23 		Subd. 24.Remote reassessments. (a) Assessments performed according to subdivisions 
58.24 	17 to 20 and 23 must be in person unless the assessment is a reassessment meeting the 
58.25 	requirements of this subdivision. Remote reassessments conducted by interactive video or 
58.26 	telephone may substitute for in-person reassessments.
58.27 	(b) For services provided by the developmental disabilities waiver under section 
58.28 	256B.092, and the community access for disability inclusion, community alternative care, 
58.29 	and brain injury waiver programs under section 256B.49, remote reassessments may be 
58.30 	substituted for two four consecutive reassessments if followed by an in-person reassessment.
58.31 	(c) For services provided by alternative care under section 256B.0913, essential 
58.32 	community supports under section 256B.0922, and the elderly waiver under chapter 256S, 
59.1 	remote reassessments may be substituted for one reassessment if followed by an in-person 
59.2 	reassessment.
59.3 	(d) For personal care assistance provided under section 256B.0659 and community first 
59.4 	services and supports provided under section 256B.85, remote reassessments may be 
59.5 	substituted for two consecutive reassessments if followed by an in-person reassessment.
59.6 	(e) A remote reassessment is permitted only if the lead agency provides informed choice 
59.7 	and the person being reassessed or the person's legal representative provides informed 
59.8 	consent for a remote assessment. Lead agencies must document that informed choice was 
59.9 	offered.
59.10 	(f) The person being reassessed, or the person's legal representative, may refuse a remote 
59.11 	reassessment at any time.
59.12 	(g) During a remote reassessment, if the certified assessor determines an in-person 
59.13 	reassessment is necessary in order to complete the assessment, the lead agency shall schedule 
59.14 	an in-person reassessment.
59.15 	(h) All other requirements of an in-person reassessment apply to a remote reassessment, 
59.16 	including updates to a person's support plan.

59.17 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
59.18 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
59.19 	when federal approval is obtained.

59.20 	Sec. 19. Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision 
59.21 	to read:
59.22 		Subd. 24a.Verbal attestation to replace required reassessment signatures. Effective 
59.23 	January 1, 2026, or upon federal approval, whichever is later, the commissioner shall allow 
59.24 	for verbal attestation to replace required reassessment signatures.

59.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

59.26 	Sec. 20. Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision 
59.27 	to read:
59.28 		Subd. 25a.Attesting to no changes in needs or services. (a) A person who is 22 to 64 
59.29 	years of age and receiving home and community-based waiver services under the 
59.30 	developmental disabilities waiver program under section 256B.092; community access for 
59.31 	disability inclusion, community alternative care, and brain injury waiver programs under 
60.1 	section 256B.49; and community first services and supports under section 256B.85 may 
60.2 	attest that they have unchanged needs from the most recent prior assessment or reassessment 
60.3 	for up to two consecutive reassessments if the lead agency provides informed choice and 
60.4 	the person being reassessed or the person's legal representative provides informed consent. 
60.5 	Lead agencies must document that informed choice was offered.
60.6 	(b) The person or person's legal representative must attest, verbally or through alternative 
60.7 	communications, that the information provided in the previous assessment or reassessment 
60.8 	is still accurate and applicable and that no changes in the person's circumstances have 
60.9 	occurred that would require changes from the most recent prior assessment or reassessment. 
60.10 	The person or the person's legal representative may request a full reassessment at any time.
60.11 	(c) The assessor must review the most recent prior assessment or reassessment as required 
60.12 	in subdivision 22, paragraphs (a) and (b), clause (1), before conducting the interview. The 
60.13 	certified assessor must confirm that the information from the previous assessment or 
60.14 	reassessment is current.
60.15 	(d) The assessment conducted under this section must:
60.16 	(1) verify current assessed support needs;
60.17 	(2) confirm continued need for the currently assessed level of care;
60.18 	(3) inform the person of alternative long-term services and supports available;
60.19 	(4) provide informed choice of institutional or home and community-based services; 
60.20 	and
60.21 	(5) identify changes in need that may require a full reassessment.
60.22 	(e) The assessor must ensure that any new assessment items or requirements mandated 
60.23 	by federal or state authority are addressed and the person must provide required information.

60.24 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
60.25 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
60.26 	when federal approval is obtained.

60.27 	Sec. 21. Minnesota Statutes 2024, section 256B.0911, subdivision 26, is amended to read:
60.28 		Subd. 26.Determination of institutional level of care. (a) The determination of need 
60.29 	for hospital and intermediate care facility levels of care must be made according to criteria 
60.30 	developed by the commissioner, and in section 256B.092, using forms developed by the 
60.31 	commissioner.
61.1 	(b) Except as provided in paragraph (c), the determination of need for nursing facility 
61.2 	level of care must be made based on criteria in section 144.0724, subdivision 11.
61.3 	(c) Effective for determinations of need for nursing level of care made on or after January 
61.4 	1, 2027, for the purposes of waiver services provided under section 256B.49, the 
61.5 	commissioner must make the determination of need for nursing facility level of care based 
61.6 	on the criteria in section 144.0724, subdivision 11, paragraph (a), clauses (1) to (6). If a 
61.7 	person is found ineligible for waiver services under this paragraph because of a determination 
61.8 	that the person meets only the nursing facility level of care under section 144.0724, 
61.9 	subdivision 11, paragraph (a), clause (7), the lead agency must review the person's latest 
61.10 	assessment under section 256B.0911 to determine if the person meets any of the nursing 
61.11 	facility level of care criteria under section 144.0724, subdivision 11, paragraph (a), clauses 
61.12 	(1) to (6). If the lead agency determines after the review that the person does not meet any 
61.13 	of the nursing facility level of care criteria under section 144.0724, subdivision 11, paragraph 
61.14 	(a), clauses (1) to (6), the lead agency must provide a notice of action to the person informing 
61.15 	the person specifically that the person's waiver services are being terminated because the 
61.16 	person meets only the nursing facility level of care of under section 144.0724, subdivision 
61.17 	11, paragraph (a), clause (7), which is no longer a basis for waiver eligibility. The lead 
61.18 	agency must also inform the person of other benefits options for which the person may be 
61.19 	eligible. For existing waiver participants, the effective date of the termination of waiver 
61.20 	services based on this paragraph must be no sooner than 90 days after the date of the 
61.21 	assessment under section 256B.0911.

61.22 	Sec. 22. Minnesota Statutes 2024, section 256B.0924, subdivision 6, is amended to read:
61.23 		Subd. 6.Payment for targeted case management. (a) Medical assistance and 
61.24 	MinnesotaCare payment for targeted case management shall be made on a monthly basis. 
61.25 	In order to receive payment for an eligible adult, the provider must document at least one 
61.26 	contact per month and not more than two consecutive months without a face-to-face contact 
61.27 	either in person or by interactive video that meets the requirements in section 256B.0625, 
61.28 	subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver, 
61.29 	or other relevant persons identified as necessary to the development or implementation of 
61.30 	the goals of the personal service plan.
61.31 	(b) Except as provided under paragraph (m), payment for targeted case management 
61.32 	provided by county staff under this subdivision shall be based on the monthly rate 
61.33 	methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one 
61.34 	combined average rate together with adult mental health case management under section 
62.1 	256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate 
62.2 	for case management under this section shall be the same as the rate for adult mental health 
62.3 	case management in effect as of December 31, 2001. Billing and payment must identify the 
62.4 	recipient's primary population group to allow tracking of revenues.
62.5 	(c) Payment for targeted case management provided by county-contracted vendors shall 
62.6 	be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2. 
62.7 	The rate must not exceed the rate charged by the vendor for the same service to other payers. 
62.8 	If the service is provided by a team of contracted vendors, the team shall determine how to 
62.9 	distribute the rate among its members. No reimbursement received by contracted vendors 
62.10 	shall be returned to the county, except to reimburse the county for advance funding provided 
62.11 	by the county to the vendor.
62.12 	(d) If the service is provided by a team that includes contracted vendors and county staff, 
62.13 	the costs for county staff participation on the team shall be included in the rate for 
62.14 	county-provided services. In this case, the contracted vendor and the county may each 
62.15 	receive separate payment for services provided by each entity in the same month. In order 
62.16 	to prevent duplication of services, the county must document, in the recipient's file, the need 
62.17 	for team targeted case management and a description of the different roles of the team 
62.18 	members.
62.19 	(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for 
62.20 	targeted case management shall be provided by the recipient's county of responsibility, as 
62.21 	defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds 
62.22 	used to match other federal funds.
62.23 	(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider 
62.24 	that does not meet the reporting or other requirements of this section. The county of 
62.25 	responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal 
62.26 	disallowances. The county may share this responsibility with its contracted vendors.
62.27 	(g) The commissioner shall set aside five percent of the federal funds received under 
62.28 	this section for use in reimbursing the state for costs of developing and implementing this 
62.29 	section.
62.30 	(h) Payments to counties for targeted case management expenditures under this section 
62.31 	shall only be made from federal earnings from services provided under this section. Payments 
62.32 	to contracted vendors shall include both the federal earnings and the county share.
62.33 	(i) Notwithstanding section 256B.041, county payments for the cost of case management 
62.34 	services provided by county staff shall not be made to the commissioner of management 
63.1 	and budget. For the purposes of targeted case management services provided by county 
63.2 	staff under this section, the centralized disbursement of payments to counties under section 
63.3 	256B.041 consists only of federal earnings from services provided under this section.
63.4 	(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, 
63.5 	and the recipient's institutional care is paid by medical assistance, payment for targeted case 
63.6 	management services under this subdivision is limited to the lesser of:
63.7 	(1) the last 180 days of the recipient's residency in that facility; or
63.8 	(2) the limits and conditions which apply to federal Medicaid funding for this service.
63.9 	(k) Payment for targeted case management services under this subdivision shall not 
63.10 	duplicate payments made under other program authorities for the same purpose.
63.11 	(l) Any growth in targeted case management services and cost increases under this 
63.12 	section shall be the responsibility of the counties.
63.13 	(m) The commissioner may make payments for Tribes according to section 256B.0625, 
63.14 	subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable 
63.15 	adult and developmental disability targeted case management provided by Indian health 
63.16 	services and facilities operated by a Tribe or Tribal organization.

63.17 	EFFECTIVE DATE. This section is effective July 1, 2025.

63.18 	Sec. 23. Minnesota Statutes 2024, section 256B.0949, subdivision 2, is amended to read:
63.19 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given in this 
63.20 	subdivision.
63.21 	(b) "Advanced certification" means a person who has completed advanced certification 
63.22 	in an approved modality under subdivision 13, paragraph (b).
63.23 	(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs 
63.24 	as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide 
63.25 	EIDBI services and that has the legal responsibility to ensure that its employees or contractors 
63.26 	carry out the responsibilities defined in this section. Agency includes a licensed individual 
63.27 	professional who practices independently and acts as an agency.
63.28 	(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition" 
63.29 	means either autism spectrum disorder (ASD) as defined in the current version of the 
63.30 	Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found 
63.31 	to be closely related to ASD, as identified under the current version of the DSM, and meets 
63.32 	all of the following criteria:
64.1 	(1) is severe and chronic;
64.2 	(2) results in impairment of adaptive behavior and function similar to that of a person 
64.3 	with ASD;
64.4 	(3) requires treatment or services similar to those required for a person with ASD; and
64.5 	(4) results in substantial functional limitations in three core developmental deficits of 
64.6 	ASD: social or interpersonal interaction; functional communication, including nonverbal 
64.7 	or social communication; and restrictive or repetitive behaviors or hyperreactivity or 
64.8 	hyporeactivity to sensory input; and may include deficits or a high level of support in one 
64.9 	or more of the following domains:
64.10 	(i) behavioral challenges and self-regulation;
64.11 	(ii) cognition;
64.12 	(iii) learning and play;
64.13 	(iv) self-care; or
64.14 	(v) safety.
64.15 	(e) "Person" means a person under 21 years of age.
64.16 	(f) "Clinical supervision" means the overall responsibility for the control and direction 
64.17 	of EIDBI service delivery, including individual treatment planning, staff supervision, 
64.18 	individual treatment plan progress monitoring, and treatment review for each person. Clinical 
64.19 	supervision is provided by a qualified supervising professional (QSP) who takes full 
64.20 	professional responsibility for the service provided by each supervisee.
64.21 	(g) "Commissioner" means the commissioner of human services, unless otherwise 
64.22 	specified.
64.23 	(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive 
64.24 	evaluation of a person to determine medical necessity for EIDBI services based on the 
64.25 	requirements in subdivision 5.
64.26 	(i) "Department" means the Department of Human Services, unless otherwise specified.
64.27 	(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI 
64.28 	benefit" means a variety of individualized, intensive treatment modalities approved and 
64.29 	published by the commissioner that are based in behavioral and developmental science 
64.30 	consistent with best practices on effectiveness.
65.1 	(k) "Employee" means any person who is employed by an agency, including temporary 
65.2 	and part-time employees, and who performs work for at least 80 hours in a year for that 
65.3 	agency in Minnesota. Employee does not include an independent contractor.
65.4 	(k) (l) "Generalizable goals" means results or gains that are observed during a variety 
65.5 	of activities over time with different people, such as providers, family members, other adults, 
65.6 	and people, and in different environments including, but not limited to, clinics, homes, 
65.7 	schools, and the community.
65.8 	(l) (m) "Incident" means when any of the following occur:
65.9 	(1) an illness, accident, or injury that requires first aid treatment;
65.10 	(2) a bump or blow to the head; or
65.11 	(3) an unusual or unexpected event that jeopardizes the safety of a person or staff, 
65.12 	including a person leaving the agency unattended.
65.13 	(m) (n) "Individual treatment plan" or "ITP" means the person-centered, individualized 
65.14 	written plan of care that integrates and coordinates person and family information from the 
65.15 	CMDE for a person who meets medical necessity for the EIDBI benefit. An individual 
65.16 	treatment plan must meet the standards in subdivision 6.
65.17 	(n) (o) "Legal representative" means the parent of a child who is under 18 years of age, 
65.18 	a court-appointed guardian, or other representative with legal authority to make decisions 
65.19 	about service for a person. For the purpose of this subdivision, "other representative with 
65.20 	legal authority to make decisions" includes a health care agent or an attorney-in-fact 
65.21 	authorized through a health care directive or power of attorney.
65.22 	(o) (p) "Mental health professional" means a staff person who is qualified according to 
65.23 	section 245I.04, subdivision 2.
65.24 	(p) (q) "Person-centered" means a service that both responds to the identified needs, 
65.25 	interests, values, preferences, and desired outcomes of the person or the person's legal 
65.26 	representative and respects the person's history, dignity, and cultural background and allows 
65.27 	inclusion and participation in the person's community.
65.28 	(q) (r) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, 
65.29 	or level III treatment provider.

65.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

66.1 	Sec. 24. Minnesota Statutes 2024, section 256B.0949, subdivision 15, is amended to read:
66.2 		Subd. 15.EIDBI provider qualifications. (a) A QSP must be employed by an employee 
66.3 	of an agency and be:
66.4 	(1) a licensed mental health professional who has at least 2,000 hours of supervised 
66.5 	clinical experience or training in examining or treating people with ASD or a related condition 
66.6 	or equivalent documented coursework at the graduate level by an accredited university in 
66.7 	ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child 
66.8 	development; or
66.9 	(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised 
66.10 	clinical experience or training in examining or treating people with ASD or a related condition 
66.11 	or equivalent documented coursework at the graduate level by an accredited university in 
66.12 	the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and 
66.13 	typical child development.
66.14 	(b) A level I treatment provider must be employed by an employee of an agency and:
66.15 	(1) have at least 2,000 hours of supervised clinical experience or training in examining 
66.16 	or treating people with ASD or a related condition or equivalent documented coursework 
66.17 	at the graduate level by an accredited university in ASD diagnostics, ASD developmental 
66.18 	and behavioral treatment strategies, and typical child development or an equivalent 
66.19 	combination of documented coursework or hours of experience; and
66.20 	(2) have or be at least one of the following:
66.21 	(i) a master's degree in behavioral health or child development or related fields including, 
66.22 	but not limited to, mental health, special education, social work, psychology, speech 
66.23 	pathology, or occupational therapy from an accredited college or university;
66.24 	(ii) a bachelor's degree in a behavioral health, child development, or related field 
66.25 	including, but not limited to, mental health, special education, social work, psychology, 
66.26 	speech pathology, or occupational therapy, from an accredited college or university, and 
66.27 	advanced certification in a treatment modality recognized by the department;
66.28 	(iii) a board-certified behavior analyst as defined by the Behavior Analyst Certification 
66.29 	Board or a qualified behavior analyst as defined by the Qualified Applied Behavior Analysis 
66.30 	Credentialing Board; or
66.31 	(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical 
66.32 	experience that meets all registration, supervision, and continuing education requirements 
66.33 	of the certification.
67.1 	(c) A level II treatment provider must be employed by an employee of an agency and 
67.2 	must be:
67.3 	(1) a person who has a bachelor's degree from an accredited college or university in a 
67.4 	behavioral or child development science or related field including, but not limited to, mental 
67.5 	health, special education, social work, psychology, speech pathology, or occupational 
67.6 	therapy; and meets at least one of the following:
67.7 	(i) has at least 1,000 hours of supervised clinical experience or training in examining or 
67.8 	treating people with ASD or a related condition or equivalent documented coursework at 
67.9 	the graduate level by an accredited university in ASD diagnostics, ASD developmental and 
67.10 	behavioral treatment strategies, and typical child development or a combination of 
67.11 	coursework or hours of experience;
67.12 	(ii) has certification as a board-certified assistant behavior analyst from the Behavior 
67.13 	Analyst Certification Board or a qualified autism service practitioner from the Qualified 
67.14 	Applied Behavior Analysis Credentialing Board;
67.15 	(iii) is a registered behavior technician as defined by the Behavior Analyst Certification 
67.16 	Board or an applied behavior analysis technician as defined by the Qualified Applied 
67.17 	Behavior Analysis Credentialing Board; or
67.18 	(iv) is certified in one of the other treatment modalities recognized by the department; 
67.19 	or
67.20 	(2) a person who has:
67.21 	(i) an associate's degree in a behavioral or child development science or related field 
67.22 	including, but not limited to, mental health, special education, social work, psychology, 
67.23 	speech pathology, or occupational therapy from an accredited college or university; and
67.24 	(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people 
67.25 	with ASD or a related condition. Hours worked as a mental health behavioral aide or level 
67.26 	III treatment provider may be included in the required hours of experience; or
67.27 	(3) a person who has at least 4,000 hours of supervised clinical experience in delivering 
67.28 	treatment to people with ASD or a related condition. Hours worked as a mental health 
67.29 	behavioral aide or level III treatment provider may be included in the required hours of 
67.30 	experience; or
67.31 	(4) a person who is a graduate student in a behavioral science, child development science, 
67.32 	or related field and is receiving clinical supervision by a QSP affiliated with an agency to 
68.1 	meet the clinical training requirements for experience and training with people with ASD 
68.2 	or a related condition; or
68.3 	(5) a person who is at least 18 years of age and who:
68.4 	(i) is fluent in a non-English language or is an individual certified by a Tribal Nation;
68.5 	(ii) completed the level III EIDBI training requirements; and
68.6 	(iii) receives observation and direction from a QSP or level I treatment provider at least 
68.7 	once a week until the person meets 1,000 hours of supervised clinical experience.
68.8 	(d) A level III treatment provider must be employed by an employee of an agency, have 
68.9 	completed the level III training requirement, be at least 18 years of age, and have at least 
68.10 	one of the following:
68.11 	(1) a high school diploma or commissioner of education-selected high school equivalency 
68.12 	certification;
68.13 	(2) fluency in a non-English language or Tribal Nation certification;
68.14 	(3) one year of experience as a primary personal care assistant, community health worker, 
68.15 	waiver service provider, or special education assistant to a person with ASD or a related 
68.16 	condition within the previous five years; or
68.17 	(4) completion of all required EIDBI training within six months of employment.

68.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

68.19 	Sec. 25. Minnesota Statutes 2024, section 256B.0949, subdivision 16, is amended to read:
68.20 		Subd. 16.Agency duties. (a) An agency delivering an EIDBI service under this section 
68.21 	must:
68.22 	(1) enroll as a medical assistance Minnesota health care program provider according to 
68.23 	Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all 
68.24 	applicable provider standards and requirements;
68.25 	(2) demonstrate compliance with federal and state laws for EIDBI service;
68.26 	(3) verify and maintain records of a service provided to the person or the person's legal 
68.27 	representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
68.28 	(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care 
68.29 	program provider the agency did not have a lead agency contract or provider agreement 
68.30 	discontinued because of a conviction of fraud; or did not have an owner, board member, or 
69.1 	manager fail a state or federal criminal background check or appear on the list of excluded 
69.2 	individuals or entities maintained by the federal Department of Human Services Office of 
69.3 	Inspector General;
69.4 	(5) have established business practices including written policies and procedures, internal 
69.5 	controls, and a system that demonstrates the organization's ability to deliver quality EIDBI 
69.6 	services;
69.7 	(6) have an office located in Minnesota or a border state;
69.8 	(7) conduct a criminal background check on an individual who has direct contact with 
69.9 	the person or the person's legal representative;
69.10 	(8) report maltreatment according to section 626.557 and chapter 260E;
69.11 	(9) comply with any data requests consistent with the Minnesota Government Data 
69.12 	Practices Act, sections 256B.064 and 256B.27;
69.13 	(10) provide training for all agency staff on the requirements and responsibilities listed 
69.14 	in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act, 
69.15 	section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's 
69.16 	policy for all staff on how to report suspected abuse and neglect;
69.17 	(11) have a written policy to resolve issues collaboratively with the person and the 
69.18 	person's legal representative when possible. The policy must include a timeline for when 
69.19 	the person and the person's legal representative will be notified about issues that arise in 
69.20 	the provision of services;
69.21 	(12) provide the person's legal representative with prompt notification if the person is 
69.22 	injured while being served by the agency. An incident report must be completed by the 
69.23 	agency staff member in charge of the person. A copy of all incident and injury reports must 
69.24 	remain on file at the agency for at least five years from the report of the incident; and
69.25 	(13) before starting a service, provide the person or the person's legal representative a 
69.26 	description of the treatment modality that the person shall receive, including the staffing 
69.27 	certification levels and training of the staff who shall provide a treatment.;
69.28 	(14) provide clinical supervision by a qualified supervising professional for a minimum 
69.29 	of one hour of supervision for every ten hours of direct treatment per person that meets 
69.30 	clinical licensure requirements for quality supervision and effective intervention; and
69.31 	(15) provide clinical, in-person supervision sessions by a qualified supervising 
69.32 	professional at least once per month for intervention, observation, and direction.
70.1 	(b) When delivering the ITP, and annually thereafter, an agency must provide the person 
70.2 	or the person's legal representative with:
70.3 	(1) a written copy and a verbal explanation of the person's or person's legal 
70.4 	representative's rights and the agency's responsibilities;
70.5 	(2) documentation in the person's file the date that the person or the person's legal 
70.6 	representative received a copy and explanation of the person's or person's legal 
70.7 	representative's rights and the agency's responsibilities; and
70.8 	(3) reasonable accommodations to provide the information in another format or language 
70.9 	as needed to facilitate understanding of the person's or person's legal representative's rights 
70.10 	and the agency's responsibilities.

70.11 	Sec. 26. Minnesota Statutes 2024, section 256B.0949, subdivision 16a, is amended to 
70.12 	read:
70.13 		Subd. 16a.Background studies. An early intensive developmental and behavioral 
70.14 	intervention services agency must fulfill any background studies requirements under this 
70.15 	section by initiating a background study through the commissioner's NETStudy 2.0 system 
70.16 	as provided under sections 245C.03, subdivision 15, and 245C.10, subdivision 17.

70.17 	Sec. 27. Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision 
70.18 	to read:
70.19 		Subd. 18.Provisional licensure. Beginning on January 1, 2026, the commissioner shall 
70.20 	begin issuing provisional licenses to enrolled EIDBI agencies pursuant to section 245A.142.

70.21 	Sec. 28. Minnesota Statutes 2024, section 256B.19, subdivision 1, is amended to read:
70.22 		Subdivision 1.Division of cost. (a) The state and county share of medical assistance 
70.23 	costs not paid by federal funds shall be as follows:
70.24 	(1) beginning January 1, 1992, 50 percent state funds and 50 percent county funds for 
70.25 	the cost of placement of severely emotionally disturbed children in regional treatment 
70.26 	centers;
70.27 	(2) beginning January 1, 2003, 80 percent state funds and 20 percent county funds for 
70.28 	the costs of nursing facility placements of persons with disabilities under the age of 65 that 
70.29 	have exceeded 90 days. This clause shall be subject to chapter 256G and shall not apply to 
70.30 	placements in facilities not certified to participate in medical assistance;
71.1 	(3) beginning July 1, 2004, 90 percent state funds and ten percent county funds for the 
71.2 	costs of placements that have exceeded 90 days in intermediate care facilities for persons 
71.3 	with developmental disabilities that have seven or more beds. This provision includes 
71.4 	pass-through payments made under section 256B.5015; and
71.5 	(4) beginning July 1, 2004, when state funds are used to pay for a nursing facility 
71.6 	placement due to the facility's status as an institution for mental diseases (IMD), the county 
71.7 	shall pay 20 percent of the nonfederal share of costs that have exceeded 90 days. This clause 
71.8 	is subject to chapter 256G.; and
71.9 	(5) beginning July 1, 2026, or upon federal approval, whichever is later, 98 percent state 
71.10 	funds and two percent county funds for the costs of services for all people receiving 
71.11 	community residential services, family residential services, customized living services, or 
71.12 	integrated community supports under section 256B.4914.
71.13 	(b) For counties that participate in a Medicaid demonstration project under sections 
71.14 	256B.69 and 256B.71, the division of the nonfederal share of medical assistance expenses 
71.15 	for payments made to prepaid health plans or for payments made to health maintenance 
71.16 	organizations in the form of prepaid capitation payments, this division of medical assistance 
71.17 	expenses shall be 95 percent by the state and five percent by the county of financial 
71.18 	responsibility.
71.19 	(c) In counties where prepaid health plans are under contract to the commissioner to 
71.20 	provide services to medical assistance recipients, the cost of court ordered treatment ordered 
71.21 	without consulting the prepaid health plan that does not include diagnostic evaluation, 
71.22 	recommendation, and referral for treatment by the prepaid health plan is the responsibility 
71.23 	of the county of financial responsibility.

71.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

71.25 	Sec. 29. Minnesota Statutes 2024, section 256B.4914, subdivision 3, is amended to read:
71.26 		Subd. 3.Applicable services. (a) Applicable services are those authorized under the 
71.27 	state's home and community-based services waivers under sections 256B.092 and 256B.49, 
71.28 	including the following, as defined in the federally approved home and community-based 
71.29 	services plan:
71.30 	(1) 24-hour customized living;
71.31 	(2) adult day services;
71.32 	(3) adult day services bath;
72.1 	(4) community residential services;
72.2 	(5) customized living;
72.3 	(6) day support services;
72.4 	(7) employment development services;
72.5 	(8) employment exploration services;
72.6 	(9) employment support services;
72.7 	(10) family residential services;
72.8 	(11) individualized home supports;
72.9 	(12) individualized home supports with family training;
72.10 	(13) individualized home supports with training;
72.11 	(14) integrated community supports;
72.12 	(15) life sharing;
72.13 	(16) effective until the effective date of clauses (17) and (18), night supervision;
72.14 	(17) effective January 1, 2026, or upon federal approval, whichever is later, awake night 
72.15 	supervision;
72.16 	(18) effective January 1, 2026, or upon federal approval, whichever is later, asleep night 
72.17 	supervision;
72.18 	(17) (19) positive support services;
72.19 	(18) (20) prevocational services;
72.20 	(19) (21) residential support services;
72.21 	(20) respite services;
72.22 	(21) (22) transportation services; and
72.23 	(22) (23) other services as approved by the federal government in the state home and 
72.24 	community-based services waiver plan.
72.25 	(b) Effective January 1, 2024, or upon federal approval, whichever is later, respite 
72.26 	services under paragraph (a), clause (20), are not an applicable service under this section.

72.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

73.1 	Sec. 30. Minnesota Statutes 2024, section 256B.4914, subdivision 5, is amended to read:
73.2 		Subd. 5.Base wage index; establishment and updates. (a) The base wage index is 
73.3 	established to determine staffing costs associated with providing services to individuals 
73.4 	receiving home and community-based services. For purposes of calculating the base wage, 
73.5 	Minnesota-specific wages taken from job descriptions and standard occupational 
73.6 	classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational 
73.7 	Handbook must be used.
73.8 	(b) The commissioner shall update establish the base wage index in subdivision 5a, 
73.9 	publish these updated values, and load them into the rate management system as follows:
73.10 	(1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics 
73.11 	available as of December 31, 2019;
73.12 	(2) on January 1, 2024, based on wage data by SOC from the Bureau of Labor Statistics 
73.13 	published in March 2022; and.
73.14 	(3) on January 1, 2026, and every two years thereafter, based on wage data by SOC from 
73.15 	the Bureau of Labor Statistics published in the spring approximately 21 months prior to the 
73.16 	scheduled update.

73.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

73.18 	Sec. 31. Minnesota Statutes 2024, section 256B.4914, subdivision 5a, is amended to read:
73.19 		Subd. 5a.Base wage index; calculations. The base wage index must be calculated as 
73.20 	follows:
73.21 	(1) for supervisory staff, 100 percent of the median wage for community and social 
73.22 	services specialist (SOC code 21-1099), with the exception of the supervisor of positive 
73.23 	supports professional, positive supports analyst, and positive supports specialist, which is 
73.24 	100 percent of the median wage for clinical counseling and school psychologist (SOC code 
73.25 	19-3031);
73.26 	(2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC 
73.27 	code 29-1141);
73.28 	(3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical 
73.29 	nurses (SOC code 29-2061);
73.30 	(4) for residential asleep-overnight staff, the minimum wage in Minnesota for large 
73.31 	employers;
74.1 	(5) for residential direct care staff, the sum of:
74.2 	(i) 15 percent of the subtotal of 50 percent of the median wage for home health and 
74.3 	personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant 
74.4 	(SOC code 31-1131); and 20 percent of the median wage for social and human services 
74.5 	aide (SOC code 21-1093); and
74.6 	(ii) 85 percent of the subtotal of 40 percent of the median wage for home health and 
74.7 	personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant 
74.8 	(SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code 
74.9 	29-2053); and 20 percent of the median wage for social and human services aide (SOC code 
74.10 	21-1093);
74.11 	(6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC 
74.12 	code 31-1131); and 30 percent of the median wage for home health and personal care aide 
74.13 	(SOC code 31-1120);
74.14 	(7) for day support services staff and prevocational services staff, 20 percent of the 
74.15 	median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for 
74.16 	psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social 
74.17 	and human services aide (SOC code 21-1093);
74.18 	(8) for positive supports analyst staff, 100 percent of the median wage for substance 
74.19 	abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);
74.20 	(9) for positive supports professional staff, 100 percent of the median wage for clinical 
74.21 	counseling and school psychologist (SOC code 19-3031);
74.22 	(10) for positive supports specialist staff, 100 percent of the median wage for psychiatric 
74.23 	technicians (SOC code 29-2053);
74.24 	(11) for individualized home supports with family training staff, 20 percent of the median 
74.25 	wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community 
74.26 	social service specialist (SOC code 21-1099); 40 percent of the median wage for social and 
74.27 	human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric 
74.28 	technician (SOC code 29-2053);
74.29 	(12) for individualized home supports with training services staff, 40 percent of the 
74.30 	median wage for community social service specialist (SOC code 21-1099); 50 percent of 
74.31 	the median wage for social and human services aide (SOC code 21-1093); and ten percent 
74.32 	of the median wage for psychiatric technician (SOC code 29-2053);
75.1 	(13) for employment support services staff, 50 percent of the median wage for 
75.2 	rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for 
75.3 	community and social services specialist (SOC code 21-1099);
75.4 	(14) for employment exploration services staff, 50 percent of the median wage for 
75.5 	education, guidance, school, and vocational counselor (SOC code 21-1012); and 50 percent 
75.6 	of the median wage for community and social services specialist (SOC code 21-1099);
75.7 	(15) for employment development services staff, 50 percent of the median wage for 
75.8 	education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent 
75.9 	of the median wage for community and social services specialist (SOC code 21-1099);
75.10 	(16) for individualized home support without training staff, 50 percent of the median 
75.11 	wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the 
75.12 	median wage for nursing assistant (SOC code 31-1131); and
75.13 	(17) effective until the effective date of clauses (18) and (19), for night supervision staff, 
75.14 	40 percent of the median wage for home health and personal care aide (SOC code 31-1120); 
75.15 	20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the 
75.16 	median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median 
75.17 	wage for social and human services aide (SOC code 21-1093).;
75.18 	(18) effective January 1, 2026, or upon federal approval, whichever is later, for awake 
75.19 	night supervision staff, 40 percent of the median wage for home health and personal care 
75.20 	aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code 
75.21 	31-1131); 20 percent the median wage for psychiatric technician (SOC code 29-2053); and 
75.22 	20 percent of the median wage for social and human services aid (SOC code 21-1093); and
75.23 	(19) effective January 1, 2026, or upon federal approval, whichever is later, for asleep 
75.24 	night supervision staff, the minimum wage in Minnesota for large employers.

75.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

75.26 	Sec. 32. Minnesota Statutes 2024, section 256B.4914, subdivision 5b, is amended to read:
75.27 		Subd. 5b.Standard component value adjustments. The commissioner shall update
75.28 	the base wage index under subdivision 5a; the client and programming support, transportation, 
75.29 	and program facility cost component values as required in subdivisions 6 to 9; and the rates 
75.30 	identified in subdivision 19 for changes in the Consumer Price Index. The commissioner 
75.31 	shall adjust these values higher or lower, publish these updated values, and load them into 
75.32 	the rate management system as follows:
76.1 	(1) on January 1, 2022, by the percentage change in the CPI-U from the date of the 
76.2 	previous update to the data available on December 31, 2019;
76.3 	(2) on January 1, 2024, by the percentage change in the CPI-U from the date of the 
76.4 	previous update to the data available as of December 31, 2022; and
76.5 	(3) on January 1, 2026, and every two years thereafter, by the percentage change in the 
76.6 	CPI-U from the date of the previous update to the data available 24 months and one day 
76.7 	prior to the scheduled update.

76.8 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
76.9 	whichever is later. The commissioner shall notify the revisor of statutes when federal 
76.10 	approval is obtained.

76.11 	Sec. 33. Minnesota Statutes 2024, section 256B.4914, subdivision 6a, is amended to read:
76.12 		Subd. 6a.Community residential services; component values and calculation of 
76.13 	payment rates. (a) Component values for community residential services are:
76.14 	(1) competitive workforce factor: 6.7 percent;
76.15 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
76.16 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
76.17 	This item expires upon the effective date of item (iii); and
76.18 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
76.19 	(2) supervisory span of control ratio: 11 percent;
76.20 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
76.21 	(4) employee-related cost ratio: 23.6 percent;
76.22 	(5) general administrative support ratio: 13.25 percent;
76.23 	(6) program-related expense ratio: 1.3 percent; and
76.24 	(7) absence and utilization factor ratio: 3.9 percent.
76.25 	(b) Payments for community residential services must be calculated as follows:
76.26 	(1) determine the number of shared direct staffing and individual direct staffing hours 
76.27 	to meet a recipient's needs provided on site or through monitoring technology;
76.28 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
76.29 	provided in subdivisions 5 and 5a;
77.1 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
77.2 	product of one plus the competitive workforce factor;
77.3 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
77.4 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
77.5 	to the result of clause (3);
77.6 	(5) multiply the number of shared direct staffing and individual direct staffing hours 
77.7 	provided on site or through monitoring technology and nursing hours by the appropriate 
77.8 	staff wages;
77.9 	(6) multiply the number of shared direct staffing and individual direct staffing hours 
77.10 	provided on site or through monitoring technology and nursing hours by the product of the 
77.11 	supervision span of control ratio and the appropriate supervisory staff wage in subdivision 
77.12 	5a, clause (1);
77.13 	(7) combine the results of clauses (5) and (6), excluding any shared direct staffing and 
77.14 	individual direct staffing hours provided through monitoring technology, and multiply the 
77.15 	result by one plus the employee vacation, sick, and training allowance ratio. This is defined 
77.16 	as the direct staffing cost;
77.17 	(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared 
77.18 	direct staffing and individual hours provided through monitoring technology, by one plus 
77.19 	the employee-related cost ratio;
77.20 	(9) for client programming and supports, add $2,260.21 divided by 365. The 
77.21 	commissioner shall update the amount in this clause as specified in subdivision 5b;
77.22 	(10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided 
77.23 	by 365 if customized for adapted transport, based on the resident with the highest assessed 
77.24 	need. The commissioner shall update the amounts in this clause as specified in subdivision 
77.25 	5b;
77.26 	(11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing 
77.27 	and individual direct staffing hours provided through monitoring technology that was 
77.28 	excluded in clause (8);
77.29 	(12) sum the standard general administrative support ratio, the program-related expense 
77.30 	ratio, and the absence and utilization factor ratio;
77.31 	(13) divide the result of clause (11) by one minus the result of clause (12). This is the 
77.32 	total payment amount; and
78.1 	(14) adjust the result of clause (13) by a factor to be determined by the commissioner 
78.2 	to adjust for regional differences in the cost of providing services.

78.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

78.4 	Sec. 34. Minnesota Statutes 2024, section 256B.4914, subdivision 6b, is amended to read:
78.5 		Subd. 6b.Family residential services; component values and calculation of payment 
78.6 	rates. (a) Component values for family residential services are:
78.7 	(1) competitive workforce factor: 6.7 percent;
78.8 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
78.9 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
78.10 	This item expires upon the effective date of item (iii); and
78.11 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
78.12 	(2) supervisory span of control ratio: 11 percent;
78.13 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
78.14 	(4) employee-related cost ratio: 23.6 percent;
78.15 	(5) general administrative support ratio: 3.3 percent;
78.16 	(6) program-related expense ratio: 1.3 percent; and
78.17 	(7) absence factor: 1.7 percent.
78.18 	(b) Payments for family residential services must be calculated as follows:
78.19 	(1) determine the number of shared direct staffing and individual direct staffing hours 
78.20 	to meet a recipient's needs provided on site or through monitoring technology;
78.21 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
78.22 	provided in subdivisions 5 and 5a;
78.23 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
78.24 	product of one plus the competitive workforce factor;
78.25 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
78.26 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
78.27 	to the result of clause (3);
79.1 	(5) multiply the number of shared direct staffing and individual direct staffing hours 
79.2 	provided on site or through monitoring technology and nursing hours by the appropriate 
79.3 	staff wages;
79.4 	(6) multiply the number of shared direct staffing and individual direct staffing hours 
79.5 	provided on site or through monitoring technology and nursing hours by the product of the 
79.6 	supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 
79.7 	5a, clause (1);
79.8 	(7) combine the results of clauses (5) and (6), excluding any shared direct staffing and 
79.9 	individual direct staffing hours provided through monitoring technology, and multiply the 
79.10 	result by one plus the employee vacation, sick, and training allowance ratio. This is defined 
79.11 	as the direct staffing cost;
79.12 	(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared 
79.13 	and individual direct staffing hours provided through monitoring technology, by one plus 
79.14 	the employee-related cost ratio;
79.15 	(9) for client programming and supports, add $2,260.21 divided by 365. The 
79.16 	commissioner shall update the amount in this clause as specified in subdivision 5b;
79.17 	(10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided 
79.18 	by 365 if customized for adapted transport, based on the resident with the highest assessed 
79.19 	need. The commissioner shall update the amounts in this clause as specified in subdivision 
79.20 	5b;
79.21 	(11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing 
79.22 	and individual direct staffing hours provided through monitoring technology that was 
79.23 	excluded in clause (8);
79.24 	(12) sum the standard general administrative support ratio, the program-related expense 
79.25 	ratio, and the absence and utilization factor ratio;
79.26 	(13) divide the result of clause (11) by one minus the result of clause (12). This is the 
79.27 	total payment rate; and
79.28 	(14) adjust the result of clause (13) by a factor to be determined by the commissioner 
79.29 	to adjust for regional differences in the cost of providing services.

79.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

80.1 	Sec. 35. Minnesota Statutes 2024, section 256B.4914, subdivision 6c, is amended to read:
80.2 		Subd. 6c.Integrated community supports; component values and calculation of 
80.3 	payment rates.  (a) Component values for integrated community supports are:
80.4 	(1) competitive workforce factor: 6.7 percent;
80.5 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
80.6 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
80.7 	This item expires upon the effective date of item (iii); and
80.8 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
80.9 	(2) supervisory span of control ratio: 11 percent;
80.10 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
80.11 	(4) employee-related cost ratio: 23.6 percent;
80.12 	(5) general administrative support ratio: 13.25 percent;
80.13 	(6) program-related expense ratio: 1.3 percent; and
80.14 	(7) absence and utilization factor ratio: 3.9 percent.
80.15 	(b) Payments for integrated community supports must be calculated as follows:
80.16 	(1) determine the number of shared direct staffing and individual direct staffing hours 
80.17 	to meet a recipient's needs. The base shared direct staffing hours must be eight hours divided 
80.18 	by the number of people receiving support in the integrated community support setting, and 
80.19 	the individual direct staffing hours must be the average number of direct support hours 
80.20 	provided directly to the service recipient;
80.21 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
80.22 	provided in subdivisions 5 and 5a;
80.23 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
80.24 	product of one plus the competitive workforce factor;
80.25 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
80.26 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
80.27 	to the result of clause (3);
80.28 	(5) multiply the number of shared direct staffing and individual direct staffing hours in 
80.29 	clause (1) by the appropriate staff wages;
81.1 	(6) multiply the number of shared direct staffing and individual direct staffing hours in 
81.2 	clause (1) by the product of the supervisory span of control ratio and the appropriate 
81.3 	supervisory staff wage in subdivision 5a, clause (1);
81.4 	(7) combine the results of clauses (5) and (6) and multiply the result by one plus the 
81.5 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
81.6 	cost;
81.7 	(8) for employee-related expenses, multiply the direct staffing cost by one plus the 
81.8 	employee-related cost ratio;
81.9 	(9) for client programming and supports, add $2,260.21 divided by 365. The 
81.10 	commissioner shall update the amount in this clause as specified in subdivision 5b;
81.11 	(10) add the results of clauses (8) and (9);
81.12 	(11) add the standard general administrative support ratio, the program-related expense 
81.13 	ratio, and the absence and utilization factor ratio;
81.14 	(12) divide the result of clause (10) by one minus the result of clause (11). This is the 
81.15 	total payment amount; and
81.16 	(13) adjust the result of clause (12) by a factor to be determined by the commissioner 
81.17 	to adjust for regional differences in the cost of providing services.

81.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

81.19 	Sec. 36. Minnesota Statutes 2024, section 256B.4914, subdivision 7a, is amended to read:
81.20 		Subd. 7a.Adult day services; component values and calculation of payment rates. (a) 
81.21 	Component values for adult day services are:
81.22 	(1) competitive workforce factor: 6.7 percent;
81.23 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
81.24 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
81.25 	This item expires upon the effective date of item (iii); and
81.26 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
81.27 	(2) supervisory span of control ratio: 11 percent;
81.28 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
81.29 	(4) employee-related cost ratio: 23.6 percent;
81.30 	(5) program plan support ratio: 5.6 percent;
82.1 	(6) client programming and support ratio: 7.4 percent, updated as specified in subdivision 
82.2 	5b;
82.3 	(7) general administrative support ratio: 13.25 percent;
82.4 	(8) program-related expense ratio: 1.8 percent; and
82.5 	(9) absence and utilization factor ratio: 9.4 3.9 percent.
82.6 	(b) A unit of service for adult day services is either a day or 15 minutes. A day unit of 
82.7 	service is six or more hours of time spent providing direct service.
82.8 	(c) Payments for adult day services must be calculated as follows:
82.9 	(1) determine the number of units of service and the staffing ratio to meet a recipient's 
82.10 	needs;
82.11 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
82.12 	provided in subdivisions 5 and 5a;
82.13 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
82.14 	product of one plus the competitive workforce factor;
82.15 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
82.16 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
82.17 	to the result of clause (3);
82.18 	(5) multiply the number of day program direct staffing hours and nursing hours by the 
82.19 	appropriate staff wage;
82.20 	(6) multiply the number of day program direct staffing hours by the product of the 
82.21 	supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 
82.22 	5a, clause (1);
82.23 	(7) combine the results of clauses (5) and (6), and multiply the result by one plus the 
82.24 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
82.25 	rate;
82.26 	(8) for program plan support, multiply the result of clause (7) by one plus the program 
82.27 	plan support ratio;
82.28 	(9) for employee-related expenses, multiply the result of clause (8) by one plus the 
82.29 	employee-related cost ratio;
82.30 	(10) for client programming and supports, multiply the result of clause (9) by one plus 
82.31 	the client programming and support ratio;
83.1 	(11) for program facility costs, add $19.30 per week with consideration of staffing ratios 
83.2 	to meet individual needs, updated as specified in subdivision 5b;
83.3 	(12) for adult day bath services, add $7.01 per 15 minute unit;
83.4 	(13) this is the subtotal rate;
83.5 	(14) sum the standard general administrative rate support ratio, the program-related 
83.6 	expense ratio, and the absence and utilization factor ratio;
83.7 	(15) divide the result of clause (13) by one minus the result of clause (14). This is the 
83.8 	total payment amount; and
83.9 	(16) adjust the result of clause (15) by a factor to be determined by the commissioner 
83.10 	to adjust for regional differences in the cost of providing services.

83.11 	EFFECTIVE DATE. The amendments to paragraph (a), clause (1), are effective the 
83.12 	day following final enactment. The amendment to paragraph (a), clause (9), is effective 
83.13 	January 1, 2026.

83.14 	Sec. 37. Minnesota Statutes 2024, section 256B.4914, subdivision 7b, is amended to read:
83.15 		Subd. 7b.Day support services; component values and calculation of payment 
83.16 	rates. (a) Component values for day support services are:
83.17 	(1) competitive workforce factor: 6.7 percent;
83.18 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
83.19 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
83.20 	This item expires upon the effective date of item (iii); and
83.21 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
83.22 	(2) supervisory span of control ratio: 11 percent;
83.23 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
83.24 	(4) employee-related cost ratio: 23.6 percent;
83.25 	(5) program plan support ratio: 5.6 percent;
83.26 	(6) client programming and support ratio: 10.37 percent, updated as specified in 
83.27 	subdivision 5b;
83.28 	(7) general administrative support ratio: 13.25 percent;
83.29 	(8) program-related expense ratio: 1.8 percent; and
84.1 	(9) absence and utilization factor ratio: 9.4 3.9 percent.
84.2 	(b) A unit of service for day support services is 15 minutes.
84.3 	(c) Payments for day support services must be calculated as follows:
84.4 	(1) determine the number of units of service and the staffing ratio to meet a recipient's 
84.5 	needs;
84.6 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
84.7 	provided in subdivisions 5 and 5a;
84.8 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
84.9 	product of one plus the competitive workforce factor;
84.10 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
84.11 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
84.12 	to the result of clause (3);
84.13 	(5) multiply the number of day program direct staffing hours and nursing hours by the 
84.14 	appropriate staff wage;
84.15 	(6) multiply the number of day program direct staffing hours by the product of the 
84.16 	supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 
84.17 	5a, clause (1);
84.18 	(7) combine the results of clauses (5) and (6), and multiply the result by one plus the 
84.19 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
84.20 	rate;
84.21 	(8) for program plan support, multiply the result of clause (7) by one plus the program 
84.22 	plan support ratio;
84.23 	(9) for employee-related expenses, multiply the result of clause (8) by one plus the 
84.24 	employee-related cost ratio;
84.25 	(10) for client programming and supports, multiply the result of clause (9) by one plus 
84.26 	the client programming and support ratio;
84.27 	(11) for program facility costs, add $19.30 per week with consideration of staffing ratios 
84.28 	to meet individual needs, updated as specified in subdivision 5b;
84.29 	(12) this is the subtotal rate;
84.30 	(13) sum the standard general administrative rate support ratio, the program-related 
84.31 	expense ratio, and the absence and utilization factor ratio;
85.1 	(14) divide the result of clause (12) by one minus the result of clause (13). This is the 
85.2 	total payment amount; and
85.3 	(15) adjust the result of clause (14) by a factor to be determined by the commissioner 
85.4 	to adjust for regional differences in the cost of providing services.

85.5 	EFFECTIVE DATE. The amendments to paragraph (a), clause (1), are effective the 
85.6 	day following final enactment. The amendment to paragraph (a), clause (9), is effective 
85.7 	January 1, 2026.

85.8 	Sec. 38. Minnesota Statutes 2024, section 256B.4914, subdivision 7c, is amended to read:
85.9 		Subd. 7c.Prevocational services; component values and calculation of payment 
85.10 	rates. (a) Component values for prevocational services are:
85.11 	(1) competitive workforce factor: 6.7 percent;
85.12 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
85.13 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
85.14 	This item expires upon the effective date of item (iii); and
85.15 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
85.16 	(2) supervisory span of control ratio: 11 percent;
85.17 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
85.18 	(4) employee-related cost ratio: 23.6 percent;
85.19 	(5) program plan support ratio: 5.6 percent;
85.20 	(6) client programming and support ratio: 10.37 percent, updated as specified in 
85.21 	subdivision 5b;
85.22 	(7) general administrative support ratio: 13.25 percent;
85.23 	(8) program-related expense ratio: 1.8 percent; and
85.24 	(9) absence and utilization factor ratio: 9.4 3.9 percent.
85.25 	(b) A unit of service for prevocational services is either a day or 15 minutes. A day unit 
85.26 	of service is six or more hours of time spent providing direct service.
85.27 	(c) Payments for prevocational services must be calculated as follows:
85.28 	(1) determine the number of units of service and the staffing ratio to meet a recipient's 
85.29 	needs;
86.1 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
86.2 	provided in subdivisions 5 and 5a;
86.3 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
86.4 	product of one plus the competitive workforce factor;
86.5 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
86.6 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
86.7 	to the result of clause (3);
86.8 	(5) multiply the number of day program direct staffing hours and nursing hours by the 
86.9 	appropriate staff wage;
86.10 	(6) multiply the number of day program direct staffing hours by the product of the 
86.11 	supervisory span of control ratio and the appropriate supervisory staff wage in subdivision 
86.12 	5a, clause (1);
86.13 	(7) combine the results of clauses (5) and (6), and multiply the result by one plus the 
86.14 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
86.15 	rate;
86.16 	(8) for program plan support, multiply the result of clause (7) by one plus the program 
86.17 	plan support ratio;
86.18 	(9) for employee-related expenses, multiply the result of clause (8) by one plus the 
86.19 	employee-related cost ratio;
86.20 	(10) for client programming and supports, multiply the result of clause (9) by one plus 
86.21 	the client programming and support ratio;
86.22 	(11) for program facility costs, add $19.30 per week with consideration of staffing ratios 
86.23 	to meet individual needs, updated as specified in subdivision 5b;
86.24 	(12) this is the subtotal rate;
86.25 	(13) sum the standard general administrative rate support ratio, the program-related 
86.26 	expense ratio, and the absence and utilization factor ratio;
86.27 	(14) divide the result of clause (12) by one minus the result of clause (13). This is the 
86.28 	total payment amount; and
86.29 	(15) adjust the result of clause (14) by a factor to be determined by the commissioner 
86.30 	to adjust for regional differences in the cost of providing services.

87.1 	EFFECTIVE DATE. The amendments to paragraph (a), clause (1), are effective the 
87.2 	day following final enactment. The amendment to paragraph (a), clause (9), is effective 
87.3 	January 1, 2026.

87.4 	Sec. 39. Minnesota Statutes 2024, section 256B.4914, subdivision 8, is amended to read:
87.5 		Subd. 8. Unit-based services with programming; component values and calculation 
87.6 	of payment rates. (a) For the purpose of this section, unit-based services with programming 
87.7 	include employment exploration services, employment development services, employment 
87.8 	support services, individualized home supports with family training, individualized home 
87.9 	supports with training, and positive support services provided to an individual outside of 
87.10 	any service plan for a day program or residential support service.
87.11 	(b) Component values for unit-based services with programming are:
87.12 	(1) competitive workforce factor: 6.7 percent;
87.13 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
87.14 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
87.15 	This item expires upon the effective date of item (iii); and
87.16 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
87.17 	(2) supervisory span of control ratio: 11 percent;
87.18 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
87.19 	(4) employee-related cost ratio: 23.6 percent;
87.20 	(5) program plan support ratio: 15.5 percent;
87.21 	(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision 
87.22 	5b;
87.23 	(7) general administrative support ratio: 13.25 percent;
87.24 	(8) program-related expense ratio: 6.1 percent; and
87.25 	(9) absence and utilization factor ratio: 3.9 percent.
87.26 	(c) A unit of service for unit-based services with programming is 15 minutes.
87.27 	(d) Payments for unit-based services with programming must be calculated as follows, 
87.28 	unless the services are reimbursed separately as part of a residential support services or day 
87.29 	program payment rate:
87.30 	(1) determine the number of units of service to meet a recipient's needs;
88.1 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
88.2 	provided in subdivisions 5 and 5a;
88.3 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
88.4 	product of one plus the competitive workforce factor;
88.5 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
88.6 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
88.7 	to the result of clause (3);
88.8 	(5) multiply the number of direct staffing hours by the appropriate staff wage;
88.9 	(6) multiply the number of direct staffing hours by the product of the supervisory span 
88.10 	of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
88.11 	(7) combine the results of clauses (5) and (6), and multiply the result by one plus the 
88.12 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
88.13 	rate;
88.14 	(8) for program plan support, multiply the result of clause (7) by one plus the program 
88.15 	plan support ratio;
88.16 	(9) for employee-related expenses, multiply the result of clause (8) by one plus the 
88.17 	employee-related cost ratio;
88.18 	(10) for client programming and supports, multiply the result of clause (9) by one plus 
88.19 	the client programming and support ratio;
88.20 	(11) this is the subtotal rate;
88.21 	(12) sum the standard general administrative support ratio, the program-related expense 
88.22 	ratio, and the absence and utilization factor ratio;
88.23 	(13) divide the result of clause (11) by one minus the result of clause (12). This is the 
88.24 	total payment amount;
88.25 	(14) for services provided in a shared manner, divide the total payment in clause (13) 
88.26 	as follows:
88.27 	(i) for employment exploration services, divide by the number of service recipients, not 
88.28 	to exceed five;
88.29 	(ii) for employment support services, divide by the number of service recipients, not to 
88.30 	exceed six;
89.1 	(iii) for individualized home supports with training and individualized home supports 
89.2 	with family training, divide by the number of service recipients, not to exceed three; and
89.3 	(iv) for night supervision, divide by the number of service recipients, not to exceed two; 
89.4 	and
89.5 	(15) adjust the result of clause (14) by a factor to be determined by the commissioner 
89.6 	to adjust for regional differences in the cost of providing services.
89.7 	(e) Effective January 1, 2026, or upon federal approval, whichever is later, the 
89.8 	commissioner must bill individualized home supports with training and individualized home 
89.9 	supports with family training at a maximum of eight hours per day.

89.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

89.11 	Sec. 40. Minnesota Statutes 2024, section 256B.4914, subdivision 9, is amended to read:
89.12 		Subd. 9. Unit-based services without programming; component values and 
89.13 	calculation of payment rates. (a) For the purposes of this section, unit-based services 
89.14 	without programming include individualized home supports without training and night 
89.15 	supervision provided to an individual outside of any service plan for a day program or 
89.16 	residential support service. Unit-based services without programming do not include respite.
89.17 	This paragraph expires upon the effective date of paragraph (b).
89.18 	(b) Effective January 1, 2026, or upon federal approval, whichever is later, for the 
89.19 	purposes of this section, unit-based services without programming include individualized 
89.20 	home supports without training, awake night supervision, and asleep night supervision 
89.21 	provided to an individual outside of any service plan for a day program or residential support 
89.22 	service.
89.23 	(b) (c) Component values for unit-based services without programming are:
89.24 	(1) competitive workforce factor: 6.7 percent;
89.25 	(i) 6.7 percent. This item expires upon the effective date of item (ii);
89.26 	(ii) effective January 1, 2026, or upon federal approval, whichever is later, 9.71 percent. 
89.27 	This item expires upon the effective date of item (iii); and
89.28 	(iii) effective January 1, 2028, or upon federal approval, whichever is later, 21.79 percent;
89.29 	(2) supervisory span of control ratio: 11 percent;
89.30 	(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
89.31 	(4) employee-related cost ratio: 23.6 percent;
90.1 	(5) program plan support ratio: 7.0 percent;
90.2 	(6) client programming and support ratio: 2.3 percent, updated as specified in subdivision 
90.3 	5b;
90.4 	(7) general administrative support ratio: 13.25 percent;
90.5 	(8) program-related expense ratio: 2.9 percent; and
90.6 	(9) absence and utilization factor ratio: 3.9 percent.
90.7 	(c) (d) A unit of service for unit-based services without programming is 15 minutes.
90.8 	(d) (e) Payments for unit-based services without programming must be calculated as 
90.9 	follows unless the services are reimbursed separately as part of a residential support services 
90.10 	or day program payment rate:
90.11 	(1) determine the number of units of service to meet a recipient's needs;
90.12 	(2) determine the appropriate hourly staff wage rates derived by the commissioner as 
90.13 	provided in subdivisions 5 to 5a;
90.14 	(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the 
90.15 	product of one plus the competitive workforce factor;
90.16 	(4) for a recipient requiring customization for deaf and hard-of-hearing language 
90.17 	accessibility under subdivision 12, add the customization rate provided in subdivision 12 
90.18 	to the result of clause (3);
90.19 	(5) multiply the number of direct staffing hours by the appropriate staff wage;
90.20 	(6) multiply the number of direct staffing hours by the product of the supervisory span 
90.21 	of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
90.22 	(7) combine the results of clauses (5) and (6), and multiply the result by one plus the 
90.23 	employee vacation, sick, and training allowance ratio. This is defined as the direct staffing 
90.24 	rate;
90.25 	(8) for program plan support, multiply the result of clause (7) by one plus the program 
90.26 	plan support ratio;
90.27 	(9) for employee-related expenses, multiply the result of clause (8) by one plus the 
90.28 	employee-related cost ratio;
90.29 	(10) for client programming and supports, multiply the result of clause (9) by one plus 
90.30 	the client programming and support ratio;
91.1 	(11) this is the subtotal rate;
91.2 	(12) sum the standard general administrative support ratio, the program-related expense 
91.3 	ratio, and the absence and utilization factor ratio;
91.4 	(13) divide the result of clause (11) by one minus the result of clause (12). This is the 
91.5 	total payment amount;
91.6 	(14) for individualized home supports without training provided in a shared manner, 
91.7 	divide the total payment amount in clause (13) by the number of service recipients, not to 
91.8 	exceed three; and
91.9 	(15) adjust the result of clause (14) by a factor to be determined by the commissioner 
91.10 	to adjust for regional differences in the cost of providing services.

91.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

91.12 	Sec. 41. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision 
91.13 	to read:
91.14 		Subd. 14a.Limitations on rate exceptions for residential services. (a) Effective July 
91.15 	1, 2026, the commissioner must implement limitations on the size and number of rate 
91.16 	exceptions for community residential services, customized living services, family residential 
91.17 	services, and integrated community supports.
91.18 	(b) The commissioner must restrict rate exceptions to the absence and utilization factor 
91.19 	ratio to people temporarily receiving hospital or crisis respite services.
91.20 	(c) For rate exceptions related to behavioral needs, the commissioner must include:
91.21 	(1) a documented behavioral diagnosis; or
91.22 	(2) determined assessed needs for behavioral supports as identified in the person's most 
91.23 	recent assessment.
91.24 	(d) Community residential services rate exceptions must not include positive supports 
91.25 	costs.
91.26 	(e) The commissioner must not approve rate exception requests related to increased 
91.27 	community time or transportation.
91.28 	(f) For the commissioner to approve a rate exception annual renewal, the person's most 
91.29 	recent assessment must indicate continued extraordinary needs in the areas cited in the 
91.30 	exception request. If a person's assessment continues to identify these extraordinary needs, 
92.1 	lead agencies requesting an annual renewal of rate exceptions must submit the following 
92.2 	provider-created documentation supporting the continuation of the exception:
92.3 	(1) the pay scale for staff working in the setting in which the person lives; and
92.4 	(2) a description of other costs the provider incurred as a result of the additional revenue 
92.5 	the rate exception provided.
92.6 	(g) The commissioner must not increase rate exception annual renewals that request an 
92.7 	exception to direct care or supervision wages more than the most recently implemented 
92.8 	base wage index determined under subdivision 5.
92.9 	(h) The commissioner must publish online an annual report detailing the impact of the 
92.10 	limitations under this subdivision on home and community-based services spending, including 
92.11 	but not limited to:
92.12 	(1) the number and percentage of rate exceptions granted and denied;
92.13 	(2) total spending on community residential setting services and rate exceptions;
92.14 	(3) trends in the percentage of spending attributable to rate exceptions; and
92.15 	(4) an evaluation of the effectiveness of the limitations in controlling spending growth.

92.16 	EFFECTIVE DATE. This section is effective January 1, 2026.

92.17 	Sec. 42. Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision 
92.18 	to read:
92.19 		Subd. 20.Sanctions and monetary recovery. Payments under this section are subject 
92.20 	to the sanctions and monetary recovery requirements under section 256B.064.

92.21 	Sec. 43. Minnesota Statutes 2024, section 256B.85, subdivision 2, is amended to read:
92.22 		Subd. 2.Definitions. (a) For the purposes of this section and section 256B.851, the terms 
92.23 	defined in this subdivision have the meanings given.
92.24 	(b) "Activities of daily living" or "ADLs" means:
92.25 	(1) dressing, including assistance with choosing, applying, and changing clothing and 
92.26 	applying special appliances, wraps, or clothing;
92.27 	(2) grooming, including assistance with basic hair care, oral care, shaving, applying 
92.28 	cosmetics and deodorant, and care of eyeglasses and hearing aids. Grooming includes nail 
92.29 	care, except for recipients who are diabetic or have poor circulation;
93.1 	(3) bathing, including assistance with basic personal hygiene and skin care;
93.2 	(4) eating, including assistance with hand washing and applying orthotics required for 
93.3 	eating or feeding;
93.4 	(5) transfers, including assistance with transferring the participant from one seating or 
93.5 	reclining area to another;
93.6 	(6) mobility, including assistance with ambulation and use of a wheelchair. Mobility 
93.7 	does not include providing transportation for a participant;
93.8 	(7) positioning, including assistance with positioning or turning a participant for necessary 
93.9 	care and comfort; and
93.10 	(8) toileting, including assistance with bowel or bladder elimination and care, transfers, 
93.11 	mobility, positioning, feminine hygiene, use of toileting equipment or supplies, cleansing 
93.12 	the perineal area, inspection of the skin, and adjusting clothing.
93.13 	(c) "Agency-provider model" means a method of CFSS under which a qualified agency 
93.14 	provides services and supports through the agency's own employees and policies. The agency 
93.15 	must allow the participant to have a significant role in the selection and dismissal of support 
93.16 	workers of their choice for the delivery of their specific services and supports.
93.17 	(d) "Behavior" means a description of a need for services and supports used to determine 
93.18 	the home care rating and additional service units. The presence of Level I behavior is used 
93.19 	to determine the home care rating.
93.20 	(e) "Budget model" means a service delivery method of CFSS that allows the use of a 
93.21 	service budget and assistance from a financial management services (FMS) provider for a 
93.22 	participant to directly employ support workers and purchase supports and goods.
93.23 	(f) "Complex health-related needs" means an intervention listed in clauses (1) to (8) that 
93.24 	has been ordered by a physician, advanced practice registered nurse, or physician's assistant 
93.25 	and is specified in an assessment summary, including:
93.26 	(1) tube feedings requiring:
93.27 	(i) a gastrojejunostomy tube; or
93.28 	(ii) continuous tube feeding lasting longer than 12 hours per day;
93.29 	(2) wounds described as:
93.30 	(i) stage III or stage IV;
93.31 	(ii) multiple wounds;
94.1 	(iii) requiring sterile or clean dressing changes or a wound vac; or
94.2 	(iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require specialized 
94.3 	care;
94.4 	(3) parenteral therapy described as:
94.5 	(i) IV therapy more than two times per week lasting longer than four hours for each 
94.6 	treatment; or
94.7 	(ii) total parenteral nutrition (TPN) daily;
94.8 	(4) respiratory interventions, including:
94.9 	(i) oxygen required more than eight hours per day;
94.10 	(ii) respiratory vest more than one time per day;
94.11 	(iii) bronchial drainage treatments more than two times per day;
94.12 	(iv) sterile or clean suctioning more than six times per day;
94.13 	(v) dependence on another to apply respiratory ventilation augmentation devices such 
94.14 	as BiPAP and CPAP; and
94.15 	(vi) ventilator dependence under section 256B.0651;
94.16 	(5) insertion and maintenance of catheter, including:
94.17 	(i) sterile catheter changes more than one time per month;
94.18 	(ii) clean intermittent catheterization, and including self-catheterization more than six 
94.19 	times per day; or
94.20 	(iii) bladder irrigations;
94.21 	(6) bowel program more than two times per week requiring more than 30 minutes to 
94.22 	perform each time;
94.23 	(7) neurological intervention, including:
94.24 	(i) seizures more than two times per week and requiring significant physical assistance 
94.25 	to maintain safety; or
94.26 	(ii) swallowing disorders diagnosed by a physician, advanced practice registered nurse, 
94.27 	or physician's assistant and requiring specialized assistance from another on a daily basis; 
94.28 	and
95.1 	(8) other congenital or acquired diseases creating a need for significantly increased direct 
95.2 	hands-on assistance and interventions in six to eight activities of daily living.
95.3 	(g) "Community first services and supports" or "CFSS" means the assistance and supports 
95.4 	program under this section needed for accomplishing activities of daily living, instrumental 
95.5 	activities of daily living, and health-related tasks through hands-on assistance to accomplish 
95.6 	the task or constant supervision and cueing to accomplish the task, or the purchase of goods 
95.7 	as defined in subdivision 7, clause (3), that replace the need for human assistance.
95.8 	(h) "Community first services and supports service delivery plan" or "CFSS service 
95.9 	delivery plan" means a written document detailing the services and supports chosen by the 
95.10 	participant to meet assessed needs that are within the approved CFSS service authorization, 
95.11 	as determined in subdivision 8. Services and supports are based on the support plan identified 
95.12 	in sections 256B.092, subdivision 1b, and 256S.10.
95.13 	(i) "Consultation services" means a Minnesota health care program enrolled provider 
95.14 	organization that provides assistance to the assisting a participant in making informed 
95.15 	choices about CFSS services in general and self-directed tasks in particular, and in developing 
95.16 	a person-centered CFSS service delivery plan to achieve quality service outcomes.
95.17 	(j) "Critical activities of daily living" means transferring, mobility, eating, and toileting.
95.18 	(k) "Dependency" in activities of daily living means a person requires hands-on assistance 
95.19 	or constant supervision and cueing to accomplish one or more of the activities of daily living 
95.20 	every day or on the days during the week that the activity is performed; however, a child 
95.21 	must not be found to be dependent in an activity of daily living if, because of the child's 
95.22 	age, an adult would either perform the activity for the child or assist the child with the 
95.23 	activity and the assistance needed is the assistance appropriate for a typical child of the 
95.24 	same age.
95.25 	(l) "Extended CFSS" means CFSS services and supports provided under CFSS that are 
95.26 	included in the CFSS service delivery plan through one of the home and community-based 
95.27 	services waivers and as approved and authorized under chapter 256S and sections 256B.092, 
95.28 	subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state 
95.29 	plan CFSS services for participants. Extended CFSS excludes the purchase of goods.
95.30 	(m) "Financial management services provider" or "FMS provider" means a qualified 
95.31 	organization required for participants using the budget model under subdivision 13 that is 
95.32 	an enrolled provider with the department to provide vendor fiscal/employer agent financial 
95.33 	management services (FMS).
96.1 	(n) "Health-related procedures and tasks" means procedures and tasks related to the 
96.2 	specific assessed health needs of a participant that can be taught or assigned by a 
96.3 	state-licensed health care or mental health professional and performed by a support worker.
96.4 	(o) "Instrumental activities of daily living" means activities related to living independently 
96.5 	in the community, including but not limited to: meal planning, preparation, and cooking; 
96.6 	shopping for food, clothing, or other essential items; laundry; housecleaning; assistance 
96.7 	with medications; managing finances; communicating needs and preferences during activities; 
96.8 	arranging supports; and assistance with traveling around and participating in the community, 
96.9 	including traveling to medical appointments. For purposes of this paragraph, traveling 
96.10 	includes driving and accompanying the recipient in the recipient's chosen mode of 
96.11 	transportation and according to the individual CFSS service delivery plan.
96.12 	(p) "Lead agency" has the meaning given in section 256B.0911, subdivision 10.
96.13 	(q) "Legal representative" means parent of a minor, a court-appointed guardian, or 
96.14 	another representative with legal authority to make decisions about services and supports 
96.15 	for the participant. Other representatives with legal authority to make decisions include but 
96.16 	are not limited to a health care agent or an attorney-in-fact authorized through a health care 
96.17 	directive or power of attorney.
96.18 	(r) "Level I behavior" means physical aggression toward self or others or destruction of 
96.19 	property that requires the immediate response of another person.
96.20 	(s) "Medication assistance" means providing verbal or visual reminders to take regularly 
96.21 	scheduled medication, and includes any of the following supports listed in clauses (1) to 
96.22 	(3) and other types of assistance, except that a support worker must not determine medication 
96.23 	dose or time for medication or inject medications into veins, muscles, or skin:
96.24 	(1) under the direction of the participant or the participant's representative, bringing 
96.25 	medications to the participant including medications given through a nebulizer, opening a 
96.26 	container of previously set-up medications, emptying the container into the participant's 
96.27 	hand, opening and giving the medication in the original container to the participant, or 
96.28 	bringing to the participant liquids or food to accompany the medication;
96.29 	(2) organizing medications as directed by the participant or the participant's representative; 
96.30 	and
96.31 	(3) providing verbal or visual reminders to perform regularly scheduled medications.
96.32 	(t) "Participant" means a person who is eligible for CFSS.
97.1 	(u) "Participant's representative" means a parent, family member, advocate, or other 
97.2 	adult authorized by the participant or participant's legal representative, if any, to serve as a 
97.3 	representative in connection with the provision of CFSS. If the participant is unable to assist 
97.4 	in the selection of a participant's representative, the legal representative shall appoint one.
97.5 	(v) "Person-centered planning process" means a process that is directed by the participant 
97.6 	to plan for CFSS services and supports.
97.7 	(w) "Service budget" means the authorized dollar amount used for the budget model or 
97.8 	for the purchase of goods.
97.9 	(x) "Shared services" means the provision of CFSS services by the same CFSS support 
97.10 	worker to two or three participants who voluntarily enter into a written agreement to receive 
97.11 	services at the same time, in the same setting, and through the same agency-provider or 
97.12 	FMS provider.
97.13 	(y) "Support worker" means a qualified and trained employee of the agency-provider 
97.14 	as required by subdivision 11b or of the participant employer under the budget model as 
97.15 	required by subdivision 14 who has direct contact with the participant and provides services 
97.16 	as specified within the participant's CFSS service delivery plan.
97.17 	(z) "Unit" means the increment of service based on hours or minutes identified in the 
97.18 	service agreement.
97.19 	(aa) "Vendor fiscal employer agent" means an agency that provides financial management 
97.20 	services.
97.21 	(bb) "Wages and benefits" means the hourly wages and salaries, the employer's share 
97.22 	of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, 
97.23 	mileage reimbursement, health and dental insurance, life insurance, disability insurance, 
97.24 	long-term care insurance, uniform allowance, contributions to employee retirement accounts, 
97.25 	or other forms of employee compensation and benefits.
97.26 	(cc) "Worker training and development" means services provided according to subdivision 
97.27 	18a for developing workers' skills as required by the participant's individual CFSS service 
97.28 	delivery plan that are arranged for or provided by the agency-provider or purchased by the 
97.29 	participant employer. These services include training, education, direct observation and 
97.30 	supervision, and evaluation and coaching of job skills and tasks, including supervision of 
97.31 	health-related tasks or behavioral supports.

98.1 	Sec. 44. Minnesota Statutes 2024, section 256B.85, subdivision 5, is amended to read:
98.2 		Subd. 5.Assessment requirements. (a) The assessment of functional need must:
98.3 	(1) be conducted by a certified assessor according to the criteria established in section 
98.4 	256B.0911, subdivisions 17 to 21, 23, 24, and 29 to 31;
98.5 	(2) be conducted face-to-face, initially and at least annually thereafter, or when there is 
98.6 	a significant change in the participant's condition or a change in the need for services and 
98.7 	supports, or at the request of the participant when the participant experiences a change in 
98.8 	condition or needs a change in the services or supports; and
98.9 	(3) be completed using the format established by the commissioner.
98.10 	(b) The results of the assessment and any recommendations and authorizations for CFSS 
98.11 	must be determined and communicated in writing by the lead agency's assessor as defined 
98.12 	in section 256B.0911 to the participant or the participant's representative and chosen CFSS 
98.13 	providers within ten business days and must include the participant's right to appeal the 
98.14 	assessment under section 256.045, subdivision 3.
98.15 	(c) The lead agency assessor may authorize a temporary authorization for CFSS services 
98.16 	to be provided under the agency-provider model. The lead agency assessor may authorize 
98.17 	a temporary authorization for CFSS services to be provided under the agency-provider 
98.18 	model without using the assessment process described in this subdivision. Authorization 
98.19 	for a temporary level of CFSS services under the agency-provider model is limited to the 
98.20 	time specified by the commissioner, but shall not exceed 45 days. The level of services 
98.21 	authorized under this paragraph shall have no bearing on a future authorization. For CFSS 
98.22 	services needed beyond the 45-day temporary authorization, the lead agency must conduct 
98.23 	an assessment as described in this subdivision and participants must use consultation services 
98.24 	to complete their orientation and selection of a service model.

98.25 	Sec. 45. Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision 
98.26 	to read:
98.27 		Subd. 5a.Temporary authorization without assessment. The lead agency assessor 
98.28 	may authorize a temporary authorization for CFSS services to be provided under the 
98.29 	agency-provider model. The lead agency assessor may authorize a temporary authorization 
98.30 	for CFSS services to be provided under the agency-provider model without using the 
98.31 	assessment process described in subdivision 5. Authorization for a temporary level of CFSS 
98.32 	services under the agency-provider model is limited to the time specified by the 
98.33 	commissioner, but shall not exceed 45 days. The level of services authorized under this 
99.1 	subdivision shall have no bearing on a future authorization. For CFSS services needed 
99.2 	beyond the 45-day temporary authorization, the lead agency must conduct an assessment 
99.3 	as described in subdivision 5.

99.4 	Sec. 46. Minnesota Statutes 2024, section 256B.85, subdivision 6, is amended to read:
99.5 		Subd. 6.Community first services and supports service delivery plan. (a) The CFSS 
99.6 	service delivery plan must be developed and evaluated through a person-centered planning 
99.7 	process by the participant, or the participant's representative or legal representative who 
99.8 	may be assisted by a consultation services provider. The CFSS service delivery plan must 
99.9 	reflect the services and supports that are important to the participant and for the participant 
99.10 	to meet the needs assessed by the certified assessor and identified in the support plan 
99.11 	identified in sections 256B.092, subdivision 1b, and 256S.10. The CFSS service delivery 
99.12 	plan must be reviewed by the participant, the consultation services provider, and the 
99.13 	agency-provider or FMS provider prior to starting services and at least annually upon 
99.14 	reassessment, or when there is a significant change in the participant's condition, or a change 
99.15 	in the need for services and supports.
99.16 	(b) The commissioner shall establish the format and criteria for the CFSS service delivery 
99.17 	plan.
99.18 	(c) The CFSS service delivery plan must be person-centered and:
99.19 	(1) specify the consultation services provider,selected by the participant, if any, and 
99.20 	either the agency-provider, or FMS provider selected by the participant;
99.21 	(2) reflect the setting in which the participant resides that is chosen by the participant;
99.22 	(3) reflect the participant's strengths and preferences;
99.23 	(4) include the methods and supports used to address the needs as identified through an 
99.24 	assessment of functional needs;
99.25 	(5) include the participant's identified goals and desired outcomes;
99.26 	(6) reflect the services and supports, paid and unpaid, that will assist the participant to 
99.27 	achieve identified goals, including the costs of the services and supports, and the providers 
99.28 	of those services and supports, including natural supports;
99.29 	(7) identify the amount and frequency of face-to-face supports and amount and frequency 
99.30 	of remote supports and technology that will be used;
99.31 	(8) identify risk factors and measures in place to minimize them, including individualized 
99.32 	backup plans;
100.1 	(9) be understandable to the participant and the individuals providing support;
100.2 	(10) identify the individual or entity responsible for monitoring the plan;
100.3 	(11) be finalized and agreed to in writing by the participant and signed by individuals 
100.4 	and providers responsible for its implementation;
100.5 	(12) be distributed to the participant and other people involved in the plan;
100.6 	(13) prevent the provision of unnecessary or inappropriate care;
100.7 	(14) include a detailed budget for expenditures for budget model participants or 
100.8 	participants under the agency-provider model if purchasing goods; and
100.9 	(15) include a plan for worker training and development provided according to 
100.10 	subdivision 18a detailing what service components will be used, when the service components 
100.11 	will be used, how they will be provided, and how these service components relate to the 
100.12 	participant's individual needs and CFSS support worker services.
100.13 	(d) The CFSS service delivery plan must describe the units or dollar amount available 
100.14 	to the participant. The total units of agency-provider services or the service budget amount 
100.15 	for the budget model include both annual totals and a monthly average amount that cover 
100.16 	the number of months of the service agreement. The amount used each month may vary, 
100.17 	but additional funds must not be provided above the annual service authorization amount, 
100.18 	determined according to subdivision 8, unless a change in condition is assessed and 
100.19 	authorized by the certified assessor and documented in the support plan and CFSS service 
100.20 	delivery plan.
100.21 	(e) In If assisting with the development or modification of the CFSS service delivery 
100.22 	plan during the authorization time period, the consultation services provider shall:
100.23 	(1) consult with the FMS provider on the spending budget when applicable; and
100.24 	(2) consult with the participant or participant's representative, agency-provider, and case 
100.25 	manager or care coordinator.
100.26 	(f) Prior to starting services and at least annually upon reassessment, or when there is a 
100.27 	significant change in the participant's condition or a change in the need for services and 
100.28 	supports, the CFSS service delivery plan must be reviewed by the participant; by the 
100.29 	consultation services provider, unless the participant has selected the agency-provider model 
100.30 	without optional consultation services; and by either the agency-provider or FMS provider.
100.31 	(g) The CFSS service delivery plan must be approved by the lead agency for participants 
100.32 	without a case manager or care coordinator who is responsible for authorizing services. A 
101.1 	case manager or care coordinator must approve the plan for a waiver or alternative care 
101.2 	program participant.

101.3 	Sec. 47. Minnesota Statutes 2024, section 256B.85, subdivision 7, is amended to read:
101.4 		Subd. 7.Community first services and supports; covered services.  Services and 
101.5 	supports covered under CFSS include:
101.6 	(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of 
101.7 	daily living (IADLs), and health-related procedures and tasks through hands-on assistance 
101.8 	to accomplish the task or constant supervision and cueing to accomplish the task;
101.9 	(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to 
101.10 	accomplish activities of daily living, instrumental activities of daily living, or health-related 
101.11 	tasks;
101.12 	(3) expenditures for items, services, supports, environmental modifications, or goods, 
101.13 	including assistive technology. These expenditures must:
101.14 	(i) relate to a need identified in a participant's CFSS service delivery plan; and
101.15 	(ii) increase independence or substitute for human assistance, to the extent that 
101.16 	expenditures would otherwise be made for human assistance for the participant's assessed 
101.17 	needs;
101.18 	(4) observation and redirection for behavior or symptoms where there is a need for 
101.19 	assistance;
101.20 	(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices, 
101.21 	to ensure continuity of the participant's services and supports;
101.22 	(6) swimming lessons for a participant whose disability puts the participant at a higher 
101.23 	risk of drowning according to the Centers for Disease Control Vital Statistics System;
101.24 	(6) (7) services described under subdivision 17 provided by a consultation services 
101.25 	provider as defined under subdivision 17, that is under contract with the department and 
101.26 	enrolled as a Minnesota health care program provider meeting the requirements of subdivision 
101.27 	17a;
101.28 	(7) (8) services provided by an FMS provider as defined under subdivision 13a, that is 
101.29 	an enrolled provider with the department;
102.1 	(8) (9) CFSS services provided by a support worker who is a parent, stepparent, or legal 
102.2 	guardian of a participant under age 18, or who is the participant's spouse. Covered services 
102.3 	under this clause are subject to the limitations described in subdivision 7b; and
102.4 	(9) (10) worker training and development services as described in subdivision 18a.

102.5 	EFFECTIVE DATE. This section is effective July 1, 2025, or upon federal approval, 
102.6 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
102.7 	when federal approval is obtained.

102.8 	Sec. 48. Minnesota Statutes 2024, section 256B.85, subdivision 7a, is amended to read:
102.9 		Subd. 7a.Enhanced rate. (a) An enhanced rate of 107.5 percent of the rate paid for 
102.10 	CFSS must be paid for services provided to persons who qualify for ten or more hours of 
102.11 	CFSS per day when provided by a support worker who meets the requirements of subdivision 
102.12 	16, paragraph (e). This paragraph expires upon the effective date of paragraph (b).
102.13 	(b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced 
102.14 	rate of 112.5 percent of the rate paid for CFSS must be paid for services provided to persons 
102.15 	who qualify for ten or more hours of CFSS per day when provided by a support worker 
102.16 	who meets the requirements of subdivision 16, paragraph (e). This paragraph expires upon 
102.17 	the effective date of paragraph (c).
102.18 	(c) Effective January 1, 2027, or upon federal approval, whichever is later, an enhanced 
102.19 	rate of 112.5 percent of the rate paid for CFSS must be paid for services provided to persons 
102.20 	who qualify for ten or more hours of CFSS per day.
102.21 	(b) (d) An agency provider must use all additional revenue attributable to the rate 
102.22 	enhancements under this subdivision for the wages and wage-related costs of the support 
102.23 	workers, including any corresponding increase in the employer's share of FICA taxes, 
102.24 	Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums. 
102.25 	The agency provider must not use the additional revenue attributable to any enhanced rate 
102.26 	under this subdivision to pay for mileage reimbursement, health and dental insurance, life 
102.27 	insurance, disability insurance, long-term care insurance, uniform allowance, contributions 
102.28 	to employee retirement accounts, or any other employee benefits.
102.29 	(c) (e) Any change in the eligibility criteria for the enhanced rate for CFSS as described 
102.30 	in this subdivision and referenced in subdivision 16, paragraph (e), does not constitute a 
102.31 	change in a term or condition for individual providers as defined in section 256B.0711, and 
102.32 	is not subject to the state's obligation to meet and negotiate under chapter 179A.

102.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

103.1 	Sec. 49. Minnesota Statutes 2024, section 256B.85, subdivision 8, is amended to read:
103.2 		Subd. 8.Determination of CFSS service authorization amount. (a) All community 
103.3 	first services and supports must be authorized by the commissioner or the commissioner's 
103.4 	designee before services begin. The authorization for CFSS must be completed as soon as 
103.5 	possible following an assessment but no later than 40 calendar days from the date of the 
103.6 	assessment.
103.7 	(b) The amount of CFSS authorized must be based on the participant's home care rating 
103.8 	described in paragraphs (d) and (e) and any additional service units for which the participant 
103.9 	qualifies as described in paragraph (f).
103.10 	(c) The home care rating shall be determined by the commissioner or the commissioner's 
103.11 	designee based on information submitted to the commissioner identifying the following for 
103.12 	a participant:
103.13 	(1) the total number of dependencies of activities of daily living;
103.14 	(2) the presence of complex health-related needs; and
103.15 	(3) the presence of Level I behavior.
103.16 	(d) The methodology to determine the total service units for CFSS for each home care 
103.17 	rating is based on the median paid units per day for each home care rating from fiscal year 
103.18 	2007 data for the PCA program.
103.19 	(e) Each home care rating is designated by the letters P through Z and EN and has the 
103.20 	following base number of service units assigned:
103.21 	(1) P home care rating requires Level I behavior or one to three dependencies in ADLs 
103.22 	and qualifies the person for five service units;
103.23 	(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs 
103.24 	and qualifies the person for six service units;
103.25 	(3) R home care rating requires a complex health-related need and one to three 
103.26 	dependencies in ADLs and qualifies the person for seven service units;
103.27 	(4) S home care rating requires four to six dependencies in ADLs and qualifies the person 
103.28 	for ten service units;
103.29 	(5) T home care rating requires four to six dependencies in ADLs and Level I behavior 
103.30 	and qualifies the person for 11 service units;
104.1 	(6) U home care rating requires four to six dependencies in ADLs and a complex 
104.2 	health-related need and qualifies the person for 14 service units;
104.3 	(7) V home care rating requires seven to eight dependencies in ADLs and qualifies the 
104.4 	person for 17 service units;
104.5 	(8) W home care rating requires seven to eight dependencies in ADLs and Level I 
104.6 	behavior and qualifies the person for 20 service units;
104.7 	(9) Z home care rating requires seven to eight dependencies in ADLs and a complex 
104.8 	health-related need and qualifies the person for 30 service units; and
104.9 	(10) EN home care rating includes ventilator dependency as defined in section 256B.0651, 
104.10 	subdivision 1, paragraph (g). A person who meets the definition of ventilator-dependent 
104.11 	and the EN home care rating and utilize a combination of CFSS and home care nursing 
104.12 	services is limited to a total of 96 service units per day for those services in combination. 
104.13 	Additional units may be authorized when a person's assessment indicates a need for two 
104.14 	staff to perform activities. Additional time is limited to 16 service units per day.
104.15 	(f) Additional service units are provided through the assessment and identification of 
104.16 	the following:
104.17 	(1) 30 additional minutes per day for a dependency in each critical activity of daily 
104.18 	living;
104.19 	(2) 30 additional minutes per day for each complex health-related need; and
104.20 	(3) 30 additional minutes per day for each behavior under this clause that requires 
104.21 	assistance at least four times per week:
104.22 	(i) level I behavior that requires the immediate response of another person;
104.23 	(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior; 
104.24 	or
104.25 	(iii) increased need for assistance for participants who are verbally aggressive or resistive 
104.26 	to care so that the time needed to perform activities of daily living is increased.
104.27 	(g) The service budget for budget model participants shall be based on:
104.28 	(1) assessed units as determined by the home care rating; and
104.29 	(2) an adjustment needed for administrative expenses. This paragraph expires upon the 
104.30 	effective date of paragraph (h).
105.1 	(h) Effective January 1, 2026, or upon federal approval, whichever is later, the service 
105.2 	budget for budget model participants shall be based on:
105.3 	(1) assessed units as determined by the home care rating and the payment methodologies 
105.4 	under section 256B.851; and
105.5 	(2) an adjustment needed for administrative expenses.

105.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

105.7 	Sec. 50. Minnesota Statutes 2024, section 256B.85, subdivision 8a, is amended to read:
105.8 		Subd. 8a.Authorization; exceptions. All CFSS services must be authorized by the 
105.9 	commissioner or the commissioner's designee as described in subdivision 8 except when:
105.10 	(1) the lead agency temporarily authorizes services in the agency-provider model as 
105.11 	described in subdivision 5, paragraph (c) 5a;
105.12 	(2) CFSS services in the agency-provider model were required to treat an emergency 
105.13 	medical condition that if not immediately treated could cause a participant serious physical 
105.14 	or mental disability, continuation of severe pain, or death. The CFSS agency provider must 
105.15 	request retroactive authorization from the lead agency no later than five working days after 
105.16 	providing the initial emergency service. The CFSS agency provider must be able to 
105.17 	substantiate the emergency through documentation such as reports, notes, and admission 
105.18 	or discharge histories. A lead agency must follow the authorization process in subdivision 
105.19 	5 after the lead agency receives the request for authorization from the agency provider;
105.20 	(3) the lead agency authorizes a temporary increase to the amount of services authorized 
105.21 	in the agency or budget model to accommodate the participant's temporary higher need for 
105.22 	services. Authorization for a temporary level of CFSS services is limited to the time specified 
105.23 	by the commissioner, but shall not exceed 45 days. The level of services authorized under 
105.24 	this clause shall have no bearing on a future authorization;
105.25 	(4) a participant's medical assistance eligibility has lapsed, is then retroactively reinstated, 
105.26 	and an authorization for CFSS services is completed based on the date of a current 
105.27 	assessment, eligibility, and request for authorization;
105.28 	(5) a third-party payer for CFSS services has denied or adjusted a payment. Authorization 
105.29 	requests must be submitted by the provider within 20 working days of the notice of denial 
105.30 	or adjustment. A copy of the notice must be included with the request;
105.31 	(6) the commissioner has determined that a lead agency or state human services agency 
105.32 	has made an error; or
106.1 	(7) a participant enrolled in managed care experiences a temporary disenrollment from 
106.2 	a health plan, in which case the commissioner shall accept the current health plan 
106.3 	authorization for CFSS services for up to 60 days. The request must be received within the 
106.4 	first 30 days of the disenrollment. If the recipient's reenrollment in managed care is after 
106.5 	the 60 days and before 90 days, the provider shall request an additional 30-day extension 
106.6 	of the current health plan authorization, for a total limit of 90 days from the time of 
106.7 	disenrollment.

106.8 	Sec. 51. Minnesota Statutes 2024, section 256B.85, subdivision 11, is amended to read:
106.9 		Subd. 11.Agency-provider model. (a) The agency-provider model includes services 
106.10 	provided by support workers and staff providing worker training and development services 
106.11 	who are employed by an agency-provider that meets the criteria established by the 
106.12 	commissioner, including required training.
106.13 	(b) The agency-provider shall allow the participant to have a significant role in the 
106.14 	selection and dismissal of the support workers for the delivery of the services and supports 
106.15 	specified in the participant's CFSS service delivery plan. The agency must make a reasonable 
106.16 	effort to fulfill the participant's request for the participant's preferred support worker.
106.17 	(c) A participant may use authorized units of CFSS services as needed within a service 
106.18 	agreement that is not greater than 12 months. Using authorized units in a flexible manner 
106.19 	in either the agency-provider model or the budget model does not increase the total amount 
106.20 	of services and supports authorized for a participant or included in the participant's CFSS 
106.21 	service delivery plan.
106.22 	(d) A participant may share CFSS services. Two or three CFSS participants may share 
106.23 	services at the same time provided by the same support worker.
106.24 	(e) The agency-provider must use a minimum of 72.5 percent of the revenue generated 
106.25 	by the medical assistance payment for CFSS for support worker wages and benefits, except 
106.26 	all of the revenue generated by a medical assistance rate increase due to a collective 
106.27 	bargaining agreement under section 179A.54 must be used for support worker wages and 
106.28 	benefits. The agency-provider must document how this requirement is being met. The 
106.29 	revenue generated by the worker training and development services and the reasonable costs 
106.30 	associated with the worker training and development services must not be used in making 
106.31 	this calculation.
107.1 	(f) The agency-provider model must be used by participants who are restricted by the 
107.2 	Minnesota restricted recipient program under Minnesota Rules, parts 9505.2160 to 
107.3 	9505.2245.
107.4 	(g) Participants purchasing goods under this the agency-provider model, along with 
107.5 	support worker services, must:
107.6 	(1) specify the goods in the CFSS service delivery plan and detailed budget for 
107.7 	expenditures that must be approved by the lead agency, case manager, or care coordinator; 
107.8 	and
107.9 	(2) use the FMS provider for the billing and payment of such goods.
107.10 	(h) The agency provider is responsible for ensuring that any worker driving a participant 
107.11 	under subdivision 2, paragraph (o), has a valid driver's license and the vehicle used is 
107.12 	registered and insured according to Minnesota law.
107.13 	(i) The use of consultation services under the agency-provider model is optional. A 
107.14 	participant may select the agency-provider model without using consultation services to 
107.15 	make the selection, to complete orientation to CFSS, or to select the agency-provider model.
107.16 	(j) If a participant selects the agency-provider model without optional consultation 
107.17 	services, the agency-provider must provide an initial and annual orientation to CFSS 
107.18 	information and policies and a copy of the participant protections under subdivision 20 at 
107.19 	the start of services.

107.20 	Sec. 52. Minnesota Statutes 2024, section 256B.85, subdivision 13, is amended to read:
107.21 		Subd. 13.Budget model. (a) Under the budget model participants exercise responsibility 
107.22 	and control over the services and supports described and budgeted within the CFSS service 
107.23 	delivery plan. Participants must use consultation services specified in subdivision 17 and 
107.24 	services specified in subdivision 13a provided by an FMS provider. Under this model, 
107.25 	participants may use their approved service budget allocation to:
107.26 	(1) directly employ support workers, and pay wages, federal and state payroll taxes, and 
107.27 	premiums for workers' compensation, liability, family and medical benefit insurance, and 
107.28 	health insurance coverage; and
107.29 	(2) obtain supports and goods as defined in subdivision 7.
107.30 	(b) Participants who are unable to fulfill any of the functions listed in paragraph (a) may 
107.31 	authorize a legal representative or participant's representative to do so on their behalf.
108.1 	(c) If two or more participants using the budget model live in the same household and 
108.2 	have the same support worker, the participants must use the same FMS provider.
108.3 	(d) If the FMS provider advises that there is a joint employer in the budget model, all 
108.4 	participants associated with that joint employer must use the same FMS provider.
108.5 	(e) The commissioner shall disenroll or exclude participants from the budget model and 
108.6 	transfer them to the agency-provider model under, but not limited to, the following 
108.7 	circumstances:
108.8 	(1) when a participant has been restricted by the Minnesota restricted recipient program, 
108.9 	in which case the participant may be excluded for a specified time period under Minnesota 
108.10 	Rules, parts 9505.2160 to 9505.2245;
108.11 	(2) when a participant exits the budget model during the participant's service plan year. 
108.12 	Upon transfer, the participant shall not access the budget model for the remainder of that 
108.13 	service plan year; or
108.14 	(3) when the department determines that the participant or participant's representative 
108.15 	or legal representative is unable to fulfill the responsibilities under the budget model, as 
108.16 	specified in subdivision 14.
108.17 	(f) A participant may appeal in writing to the department under section 256.045, 
108.18 	subdivision 3, to contest the department's decision under paragraph (e), clause (3), to disenroll 
108.19 	or exclude the participant from the budget model.

108.20 	Sec. 53. Minnesota Statutes 2024, section 256B.85, subdivision 16, is amended to read:
108.21 		Subd. 16.Support workers requirements. (a) Support workers shall:
108.22 	(1) enroll with the department as a support worker after a background study under chapter 
108.23 	245C has been completed and the support worker has received a notice from the 
108.24 	commissioner that the support worker:
108.25 	(i) is not disqualified under section 245C.14; or
108.26 	(ii) is disqualified, but has received a set-aside of the disqualification under section 
108.27 	245C.22;
108.28 	(2) have the ability to effectively communicate with the participant or the participant's 
108.29 	representative;
108.30 	(3) have the skills and ability to provide the services and supports according to the 
108.31 	participant's CFSS service delivery plan and respond appropriately to the participant's needs;
109.1 	(4) complete the basic standardized CFSS training as determined by the commissioner 
109.2 	before completing enrollment. The training must be available in languages other than English 
109.3 	and to those who need accommodations due to disabilities. CFSS support worker training 
109.4 	must include successful completion of the following training components: basic first aid, 
109.5 	vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and 
109.6 	responsibilities of support workers including information about basic body mechanics, 
109.7 	emergency preparedness, orientation to positive behavioral practices, orientation to 
109.8 	responding to a mental health crisis, fraud issues, time cards and documentation, and an 
109.9 	overview of person-centered planning and self-direction. Upon completion of the training 
109.10 	components, the support worker must pass the certification test to provide assistance to 
109.11 	participants;
109.12 	(5) complete employer-directed training and orientation on the participant's individual 
109.13 	needs;
109.14 	(6) maintain the privacy and confidentiality of the participant; and
109.15 	(7) not independently determine the medication dose or time for medications for the 
109.16 	participant.
109.17 	(b) The commissioner may deny or terminate a support worker's provider enrollment 
109.18 	and provider number if the support worker:
109.19 	(1) does not meet the requirements in paragraph (a);
109.20 	(2) fails to provide the authorized services required by the employer;
109.21 	(3) has been intoxicated by alcohol or drugs while providing authorized services to the 
109.22 	participant or while in the participant's home;
109.23 	(4) has manufactured or distributed drugs while providing authorized services to the 
109.24 	participant or while in the participant's home; or
109.25 	(5) has been excluded as a provider by the commissioner of human services, or by the 
109.26 	United States Department of Health and Human Services, Office of Inspector General, from 
109.27 	participation in Medicaid, Medicare, or any other federal health care program.
109.28 	(c) A support worker may appeal in writing to the commissioner to contest the decision 
109.29 	to terminate the support worker's provider enrollment and provider number.
109.30 	(d) A support worker must not provide or be paid for more than 310 hours of CFSS per 
109.31 	month, regardless of the number of participants the support worker serves or the number 
109.32 	of agency-providers or participant employers by which the support worker is employed. 
110.1 	The department shall not disallow the number of hours per day a support worker works 
110.2 	unless it violates other law.
110.3 	(e) CFSS qualify for an enhanced rate or budget if the support worker providing the 
110.4 	services:
110.5 	(1) provides services, within the scope of CFSS described in subdivision 7, to a participant 
110.6 	who qualifies for ten or more hours per day of CFSS; and
110.7 	(2) satisfies the current requirements of Medicare for training and competency or 
110.8 	competency evaluation of home health aides or nursing assistants, as provided in the Code 
110.9 	of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved 
110.10 	training or competency requirements. This paragraph expires December 31, 2026.

110.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

110.12 	Sec. 54. Minnesota Statutes 2024, section 256B.85, subdivision 17, is amended to read:
110.13 		Subd. 17.Consultation services duties. Consultation services are a required service 
110.14 	for the budget model and an optional service for the agency-provider model. Consultation 
110.15 	services is a required service that includes include:
110.16 	(1) entering into a written agreement with the participant, participant's representative, 
110.17 	or legal representative that includes but is not limited to the details of services, service 
110.18 	delivery methods, dates of services, and contact information;
110.19 	(2) providing an initial and annual orientation to CFSS information and policies, including 
110.20 	selecting a service model;
110.21 	(3) assisting with accessing FMS providers or agency-providers;
110.22 	(4) providing assistance with the development, implementation, management, 
110.23 	documentation, and evaluation of the person-centered CFSS service delivery plan;
110.24 	(5) maintaining documentation of the approved CFSS service delivery plan;
110.25 	(6) distributing copies of the final CFSS service delivery plan to the participant and to 
110.26 	the agency-provider or FMS provider, case manager or care coordinator, and other designated 
110.27 	parties;
110.28 	(7) assisting to fulfill responsibilities and requirements of CFSS, including modifying 
110.29 	CFSS service delivery plans and changing service models;
110.30 	(8) if requested, providing consultation on recruiting, selecting, training, managing, 
110.31 	directing, supervising, and evaluating support workers;
111.1 	(9) evaluating services upon receiving information from an FMS provider indicating 
111.2 	spending or participant employer concerns;
111.3 	(10) reviewing the use of and access to informal and community supports, goods, or 
111.4 	resources;
111.5 	(11) a semiannual review of services if the participant does not have a case manager or 
111.6 	care coordinator and when the support worker is a paid parent of a minor participant or the 
111.7 	participant's spouse;
111.8 	(12) collecting and reporting of data as required by the department;
111.9 	(13) providing the participant with a copy of the participant protections under subdivision 
111.10 	20 at the start of consultation services;
111.11 	(14) providing assistance to resolve issues of noncompliance with the requirements of 
111.12 	CFSS;
111.13 	(15) providing recommendations to the commissioner for changes to services when 
111.14 	support to participants to resolve issues of noncompliance have been unsuccessful; and
111.15 	(16) other duties as assigned by the commissioner.

111.16 	Sec. 55. Minnesota Statutes 2024, section 256B.85, subdivision 17a, is amended to read:
111.17 		Subd. 17a.Consultation services provider qualifications and 
111.18 	requirements. Consultation services providers must meet the following qualifications and 
111.19 	requirements:
111.20 	(1) meet the requirements under subdivision 10, paragraph (a), excluding clauses (4) 
111.21 	and (5);
111.22 	(2) are be under contract with the department and enrolled as a Minnesota health care 
111.23 	program provider;
111.24 	(3) are not not be the FMS provider, the lead agency, or the CFSS or home and 
111.25 	community-based services waiver vendor or agency-provider to the participant;
111.26 	(4) meet the service standards as established by the commissioner;
111.27 	(5) have proof of surety bond coverage. Upon new enrollment, or if the consultation 
111.28 	service provider's Medicaid revenue in the previous calendar year is less than or equal to 
111.29 	$300,000, the consultation service provider must purchase a surety bond of $50,000. If the 
111.30 	agency-provider's Medicaid revenue in the previous calendar year is greater than $300,000, 
111.31 	the consultation service provider must purchase a surety bond of $100,000. The surety bond 
112.1 	must be in a form approved by the commissioner, must be renewed annually, and must 
112.2 	allow for recovery of costs and fees in pursuing a claim on the bond;
112.3 	(6) employ lead professional staff with a minimum of two years of experience in 
112.4 	providing services such as support planning, support broker, case management or care 
112.5 	coordination, or consultation services and consumer education to participants using a 
112.6 	self-directed program using FMS under medical assistance;
112.7 	(7) report maltreatment as required under chapter 260E and section 626.557;
112.8 	(8) comply with medical assistance provider requirements;
112.9 	(9) understand the CFSS program and its policies;
112.10 	(10) are be knowledgeable about self-directed principles and the application of the 
112.11 	person-centered planning process;
112.12 	(11) have general knowledge of the FMS provider duties and the vendor fiscal/employer 
112.13 	agent model, including all applicable federal, state, and local laws and regulations regarding 
112.14 	tax, labor, employment, and liability and workers' compensation coverage for household 
112.15 	workers; and
112.16 	(12) have all employees, including lead professional staff, staff in management and 
112.17 	supervisory positions, and owners of the agency who are active in the day-to-day management 
112.18 	and operations of the agency, complete training as specified in the contract with the 
112.19 	department.

112.20 	Sec. 56. Minnesota Statutes 2024, section 256B.85, subdivision 20, is amended to read:
112.21 		Subd. 20.Participant protections. (a) All CFSS participants have the protections 
112.22 	identified in this subdivision.
112.23 	(b) Participants or participant's participants' representatives must be provided with 
112.24 	adequate information, counseling, training, and assistance, as needed, to ensure that the 
112.25 	participant is able to choose and manage services, models, and budgets. For budget model 
112.26 	participants and participants who selected the agency-provider model with optional 
112.27 	consultation services, this information must be provided by the consultation services provider 
112.28 	at the time of the initial or annual orientation to CFSS, at the time of reassessment, or when 
112.29 	requested by the participant or participant's representative. For participants who selected 
112.30 	the agency-provider model without optional consultation services, this information must 
112.31 	be provided by the agency-provider at the time of the initial or annual orientation to CFSS, 
113.1 	at the time of reassessment, or when requested by the participant or participant's 
113.2 	representative. This information must explain:
113.3 	(1) person-centered planning;
113.4 	(2) the range and scope of participant choices, including the differences between the 
113.5 	agency-provider model and the budget model, available CFSS providers, and other services 
113.6 	available in the community to meet the participant's needs;
113.7 	(3) the process for changing plans, services, and budgets;
113.8 	(4) identifying and assessing appropriate services; and
113.9 	(5) risks to and responsibilities of the participant under the budget model.
113.10 	(c) The consultation services provider or agency-provider, as applicable, must ensure 
113.11 	that the participant chooses freely between the agency-provider model and the budget model 
113.12 	and among available agency-providers and that the participant may change agency-providers 
113.13 	after services have begun.
113.14 	(d) A participant who appeals a reduction in previously authorized CFSS services may 
113.15 	continue previously authorized services pending an appeal in accordance with section 
113.16 	256.045.
113.17 	(e) If the units of service or budget allocation for CFSS are reduced, denied, or terminated, 
113.18 	the commissioner must provide notice of the reasons for the reduction in the participant's 
113.19 	notice of denial, termination, or reduction.
113.20 	(f) If all or part of a CFSS service delivery plan is denied approval by the lead agency, 
113.21 	the lead agency must provide a notice that describes the basis of the denial.

113.22 	Sec. 57. Minnesota Statutes 2024, section 256B.851, subdivision 5, is amended to read:
113.23 		Subd. 5.Payment rates; component values. (a) The commissioner must use the 
113.24 	following component values:
113.25 	(1) employee vacation, sick, and training factor, 8.71 percent;
113.26 	(2) employer taxes and workers' compensation factor, 11.56 percent;
113.27 	(3) employee benefits factor, 12.04 percent;
113.28 	(4) client programming and supports factor, 2.30 percent;
113.29 	(5) program plan support factor, 7.00 percent;
113.30 	(6) general business and administrative expenses factor, 13.25 percent;
114.1 	(7) program administration expenses factor, 2.90 percent; and
114.2 	(8) absence and utilization factor, 3.90 percent.
114.3 	(b) For purposes of implementation, the commissioner shall use the following 
114.4 	implementation components:
114.5 	(1) personal care assistance services and CFSS: 88.19 percent;
114.6 	(2) enhanced rate personal care assistance services and enhanced rate CFSS: 88.19 
114.7 	percent; and
114.8 	(3) qualified professional services and CFSS worker training and development: 88.19 
114.9 	percent.
114.10 	(c) Effective January 1, 2025, for purposes of implementation, the commissioner shall 
114.11 	use the following implementation components:
114.12 	(1) personal care assistance services and CFSS: 92.08 percent;
114.13 	(2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.08 
114.14 	percent; and
114.15 	(3) qualified professional services and CFSS worker training and development: 92.08 
114.16 	percent. This paragraph expires upon the effective date of subdivision 5a.
114.17 	(d) The commissioner shall use the following worker retention components:
114.18 	(1) for workers who have provided fewer than 1,001 cumulative hours in personal care 
114.19 	assistance services or CFSS, the worker retention component is zero percent;
114.20 	(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal 
114.21 	care assistance services or CFSS, the worker retention component is 2.17 percent;
114.22 	(3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal 
114.23 	care assistance services or CFSS, the worker retention component is 4.36 percent;
114.24 	(4) for workers who have provided between 6,001 and 10,000 cumulative hours in 
114.25 	personal care assistance services or CFSS, the worker retention component is 7.35 percent; 
114.26 	and
114.27 	(5) for workers who have provided more than 10,000 cumulative hours in personal care 
114.28 	assistance services or CFSS, the worker retention component is 10.81 percent. This paragraph 
114.29 	expires upon the effective date of subdivision 5b.
114.30 	(e) The commissioner shall define the appropriate worker retention component based 
114.31 	on the total number of units billed for services rendered by the individual provider since 
115.1 	July 1, 2017. The worker retention component must be determined by the commissioner 
115.2 	for each individual provider and is not subject to appeal.

115.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

115.4 	Sec. 58. Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision 
115.5 	to read:
115.6 		Subd. 5a.Payment rates; implementation factor. Effective January 1, 2026, or upon 
115.7 	federal approval, whichever is later, for purposes of implementation, the commissioner shall 
115.8 	use the following implementation components:
115.9 	(1) personal care assistance services and CFSS: 92.20 percent;
115.10 	(2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.20 
115.11 	percent; and
115.12 	(3) qualified professional services and CFSS worker training and development: 92.20 
115.13 	percent.

115.14 	Sec. 59. Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision 
115.15 	to read:
115.16 		Subd. 5b.Payment rates; worker retention component. Effective January 1, 2026, 
115.17 	or upon federal approval, whichever is later, the commissioner shall use the following 
115.18 	worker retention components:
115.19 	(1) for workers who have provided fewer than 1,001 cumulative hours in personal care 
115.20 	assistance services or CFSS, the worker retention component is zero percent;
115.21 	(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal 
115.22 	care assistance services or CFSS, the worker retention component is 4.05 percent;
115.23 	(3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal 
115.24 	care assistance services or CFSS, the worker retention component is 6.24 percent;
115.25 	(4) for workers who have provided between 6,001 and 10,000 cumulative hours in 
115.26 	personal care assistance services or CFSS, the worker retention component is 9.23 percent; 
115.27 	and
115.28 	(5) for workers who have provided more than 10,000 cumulative hours in personal care 
115.29 	assistance services or CFSS, the worker retention component is 12.69 percent.

116.1 	Sec. 60. Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision 
116.2 	to read:
116.3 		Subd. 5c.Payment rates; enhanced worker retention component. Effective January 
116.4 	1, 2027, or upon federal approval, whichever is later, for purposes of implementation, the 
116.5 	commissioner shall use the following implementation components if a worker has completed 
116.6 	either the orientation for individual providers offered through the Home Care Orientation 
116.7 	Trust or an orientation defined and offered by the commissioner:
116.8 	(1) for workers who have provided fewer than 1,001 cumulative hours in personal care 
116.9 	assistance services or CFSS, the worker retention component is 1.88 percent;
116.10 	(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal 
116.11 	care assistance services or CFSS, the worker retention component is 5.92 percent;
116.12 	(3) for workers who have provided between 2,001, and 6,000 cumulative hours in personal 
116.13 	care assistance services or CFSS, the worker retention component is 8.11 percent;
116.14 	(4) for workers who have provided between 6,001 and 10,000 cumulative hours in 
116.15 	personal care assistance services or CFSS, the worker retention component is 11.10 percent; 
116.16 	and
116.17 	(5) for workers who have provided more than 10,000 cumulative hours in personal care 
116.18 	assistance services or CFSS, the worker retention component is 14.56 percent.

116.19 	Sec. 61. Minnesota Statutes 2024, section 256B.851, subdivision 6, is amended to read:
116.20 		Subd. 6.Payment rates; rate determination. (a) The commissioner must determine 
116.21 	the rate for personal care assistance services, CFSS, extended personal care assistance 
116.22 	services, extended CFSS, enhanced rate personal care assistance services, enhanced rate 
116.23 	CFSS, qualified professional services, and CFSS worker training and development as 
116.24 	follows:
116.25 	(1) multiply the appropriate total wage component value calculated in subdivision 4 by 
116.26 	one plus the employee vacation, sick, and training factor in subdivision 5;
116.27 	(2) for program plan support, multiply the result of clause (1) by one plus the program 
116.28 	plan support factor in subdivision 5;
116.29 	(3) for employee-related expenses, add the employer taxes and workers' compensation 
116.30 	factor in subdivision 5 and the employee benefits factor in subdivision 5. The sum is 
116.31 	employee-related expenses. Multiply the product of clause (2) by one plus the value for 
116.32 	employee-related expenses;
117.1 	(4) for client programming and supports, multiply the product of clause (3) by one plus 
117.2 	the client programming and supports factor in subdivision 5;
117.3 	(5) for administrative expenses, add the general business and administrative expenses 
117.4 	factor in subdivision 5, the program administration expenses factor in subdivision 5, and 
117.5 	the absence and utilization factor in subdivision 5;
117.6 	(6) divide the result of clause (4) by one minus the result of clause (5). The quotient is 
117.7 	the hourly rate;
117.8 	(7) multiply the hourly rate by the appropriate implementation component under 
117.9 	subdivision 5 or 5a. This is the adjusted hourly rate; and
117.10 	(8) divide the adjusted hourly rate by four. The quotient is the total adjusted payment 
117.11 	rate.
117.12 	(b) In processing personal care assistance provider agency and CFSS provider agency 
117.13 	claims, the commissioner shall incorporate the applicable worker retention component
117.14 	components specified in subdivision 5, 5b, or 5c, by multiplying one plus the total adjusted 
117.15 	payment rate by the appropriate worker retention component under subdivision 5, paragraph 
117.16 	(d) 5b, or 5c.
117.17 	(c) The commissioner must publish the total final payment rates.

117.18 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
117.19 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
117.20 	when federal approval is obtained.

117.21 	Sec. 62. Minnesota Statutes 2024, section 256B.851, subdivision 7, is amended to read:
117.22 		Subd. 7.Treatment of rate adjustments provided outside of cost components. Any 
117.23 	rate adjustments applied to the service rates calculated under this section outside of the cost 
117.24 	components and rate methodology specified in this section, including but not limited to 
117.25 	those implemented to enable participant-employers and provider agencies to meet the terms 
117.26 	and conditions of any collective bargaining agreement negotiated under chapter 179A, shall 
117.27 	be applied as changes to the value of component values or, implementation components, 
117.28 	or worker retention components in subdivision subdivisions 5 to 5c.

118.1 	Sec. 63. Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision 
118.2 	to read:
118.3 		Subd. 7a.Budget determinations. The commissioner shall increase the authorized 
118.4 	amount for the CFSS budget model of those CFSS participant-employers employing 
118.5 	individual providers who have provided more than 1,000 hours of services and individual 
118.6 	providers who have completed the orientation offered by the Home Care Orientation Trust 
118.7 	or an orientation defined and offered by the commissioner. The commissioner shall determine 
118.8 	the amount and method of the authorized amount increase.

118.9 	Sec. 64. Minnesota Statutes 2024, section 260E.14, subdivision 1, is amended to read:
118.10 		Subdivision 1.Facilities and schools. (a) The local welfare agency is the agency 
118.11 	responsible for investigating allegations of maltreatment in child foster care, family child 
118.12 	care, legally nonlicensed child care, and reports involving children served by an unlicensed 
118.13 	personal care provider organization under section 256B.0659. Copies of findings related to 
118.14 	personal care provider organizations under section 256B.0659 must be forwarded to the 
118.15 	Department of Human Services provider enrollment.
118.16 	(b) The Department of Children, Youth, and Families is the agency responsible for 
118.17 	screening and investigating allegations of maltreatment in juvenile correctional facilities 
118.18 	listed under section 241.021 located in the local welfare agency's county and in facilities 
118.19 	licensed or certified under chapters 245A and 245D.
118.20 	(c) The Department of Health is the agency responsible for screening and investigating 
118.21 	allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 
118.22 	to 144A.482 or chapter 144H.
118.23 	(d) The Department of Education is the agency responsible for screening and investigating 
118.24 	allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11, 
118.25 	and 13, and chapter 124E. The Department of Education's responsibility to screen and 
118.26 	investigate includes allegations of maltreatment involving students 18 through 21 years of 
118.27 	age, including students receiving special education services, up to and including graduation 
118.28 	and the issuance of a secondary or high school diploma.
118.29 	(e) The Department of Human Services is the agency responsible for screening and 
118.30 	investigating allegations of maltreatment of minors in an EIDBI agency operating under 
118.31 	sections 245A.142 and 256B.0949.
118.32 	(e) (f) A health or corrections agency receiving a report may request the local welfare 
118.33 	agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
119.1 	(f) (g) The Department of Children, Youth, and Families is the agency responsible for 
119.2 	screening and investigating allegations of maltreatment in facilities or programs not listed 
119.3 	in paragraph (a) that are licensed or certified under chapters 142B and 142C.

119.4 	EFFECTIVE DATE. This section is effective January 1, 2026.

119.5 	Sec. 65. Minnesota Statutes 2024, section 626.5572, subdivision 13, is amended to read:
119.6 		Subd. 13.Lead investigative agency. "Lead investigative agency" is the primary 
119.7 	administrative agency responsible for investigating reports made under section 626.557.
119.8 	(a) The Department of Health is the lead investigative agency for facilities or services 
119.9 	licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding 
119.10 	care homes, hospice providers, residential facilities that are also federally certified as 
119.11 	intermediate care facilities that serve people with developmental disabilities, or any other 
119.12 	facility or service not listed in this subdivision that is licensed or required to be licensed by 
119.13 	the Department of Health for the care of vulnerable adults. "Home care provider" has the 
119.14 	meaning provided in section 144A.43, subdivision 4, and applies when care or services are 
119.15 	delivered in the vulnerable adult's home.
119.16 	(b) The Department of Human Services is the lead investigative agency for facilities or 
119.17 	services licensed or required to be licensed as adult day care, adult foster care, community 
119.18 	residential settings, programs for people with disabilities, family adult day services, mental 
119.19 	health programs, mental health clinics, substance use disorder programs, the Minnesota Sex 
119.20 	Offender Program, or any other facility or service not listed in this subdivision that is licensed 
119.21 	or required to be licensed by the Department of Human Services, including EIDBI agencies 
119.22 	under sections 245A.142 and 256B.0949.
119.23 	(c) The county social service agency or its designee is the lead investigative agency for 
119.24 	all other reports, including, but not limited to, reports involving vulnerable adults receiving 
119.25 	services from a personal care provider organization under section 256B.0659.

119.26 	EFFECTIVE DATE. This section is effective January 1, 2026.

119.27 	Sec. 66. Laws 2021, First Special Session chapter 7, article 13, section 73, is amended to 
119.28 	read:
119.29 	Sec. 73. WAIVER REIMAGINE PHASE II.
 119.30 	(a) Effective January 1, 2028, or upon federal approval, whichever is later, the 
119.31 	commissioner of human services must implement a two-home and community-based services 
120.1 	waiver program structure, as authorized under section 1915(c) of the federal Social Security 
120.2 	Act, that serves persons who are determined by a certified assessor to require the levels of 
120.3 	care provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate 
120.4 	care facility for persons with developmental disabilities.
120.5 	(b) The commissioner of human services must implement an individualized budget 
120.6 	methodology, as authorized under section 1915(c) of the federal Social Security Act, that 
120.7 	serves persons who are determined by a certified assessor to require the levels of care 
120.8 	provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care 
120.9 	facility for persons with developmental disabilities.
120.10 	(c) The commissioner must develop an individualized budget methodology exception 
120.11 	to support access to self-directed home care nursing services. Lead agencies must submit 
120.12 	budget exception requests to the commissioner in a manner identified by the commissioner. 
120.13 	Eligibility for the budget exception in this paragraph is limited to persons meeting all of the 
120.14 	following criteria in the person's most recent assessment:
120.15 	(1) the person is assessed to need the level of care delivered in a hospital setting as 
120.16 	evidenced by the submission of the Department of Human Services form 7096, primary 
120.17 	medical provider's documentation of medical monitoring and treatment needs;
120.18 	(2) the person is assessed to receive a support range budget of E or H; and
120.19 	(3) the person does not receive community residential services, family residential services, 
120.20 	integrated community supports services, or customized living services.
120.21 	(d) Home care nursing services funded through the budget exception developed under 
120.22 	paragraph (c) must be ordered by a physician, physician assistant, or advanced practice 
120.23 	registered nurse. If the participant chooses home care nursing, the home care nursing services 
120.24 	must be performed by a registered nurse or licensed practical nurse practicing within the 
120.25 	registered nurse's or licensed practical nurse's scope of practice as defined under Minnesota 
120.26 	Statutes, sections 148.171 to 148.285. If after a person's annual reassessment under Minnesota 
120.27 	Statutes, section 256B.0911, any requirements of this paragraph or paragraph (c) are no 
120.28 	longer met, the commissioner must terminate the budget exception.
120.29 	(c) (e) The commissioner of human services may seek all federal authority necessary to 
120.30 	implement this section.
120.31 	(d) (f) The commissioner must ensure that the new waiver service menu and individual 
120.32 	budgets allow people to live in their own home, family home, or any home and 
120.33 	community-based setting of their choice. The commissioner must ensure, within available 
121.1 	resources and subject to state and federal regulations and law, that waiver reimagine does 
121.2 	not result in unintended service disruptions.

121.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

121.4 	Sec. 67. Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 6, 
121.5 	as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
121.6 		Subd. 6.Online support planning tool. The commissioner must develop an online 
121.7 	support planning and tracking tool for people using disability waiver services that allows 
121.8 	access to the total budget available to the person, the services for which they are eligible, 
121.9 	and the services they have chosen and used. The commissioner must explore operability 
121.10 	options that would facilitate real-time tracking of a person's remaining available budget 
121.11 	throughout the service year. The online support planning tool must provide information in 
121.12 	an accessible format to support the person's informed choice. The commissioner must seek 
121.13 	input from people with disabilities about the online support planning tool prior to its 
121.14 	implementation. The commissioner must implement the online support planning and tracking 
121.15 	tool no later than January 1, 2027.

121.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

121.17 	Sec. 68. BUDGET INCREASE FOR CONSUMER-DIRECTED COMMUNITY 
121.18 	SUPPORTS.
 121.19 	Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner 
121.20 	of human services must increase the consumer-directed community support budgets identified 
121.21 	in the waiver plans under Minnesota Statutes, sections 256B.092 and 256B.49, and chapter 
121.22 	256S; and the alternative care program under Minnesota Statutes, section 256B.0913, by 
121.23 	0.13 percent.

121.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

121.25 	Sec. 69. ENHANCED BUDGET INCREASE FOR CONSUMER-DIRECTED 
121.26 	COMMUNITY SUPPORTS.
 121.27 	Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner 
121.28 	of human services must increase the consumer-directed community supports budget exception 
121.29 	percentage identified in the waiver plans under Minnesota Statutes, sections 256B.092 and 
121.30 	256B.49, and chapter 256S; and the alternative care program under Minnesota Statutes, 
121.31 	section 256B.0913, from 7.5 to 12.5.

122.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

122.2 	Sec. 70. STIPEND PAYMENTS TO SEIU HEALTHCARE MINNESOTA & IOWA 
122.3 	BARGAINING UNIT MEMBERS.
 122.4 	(a) The commissioner of human services shall issue stipend payments to collective 
122.5 	bargaining unit members as required by the labor agreement between the state of Minnesota 
122.6 	and the Service Employees International Union (SEIU) Healthcare Minnesota & Iowa.
122.7 	(b) The definitions in Minnesota Statutes, section 290.01, apply to this section.
122.8 	(c) For the purposes of this section, "subtraction" has the meaning given in Minnesota 
122.9 	Statutes, section 290.0132, subdivision 1, and the rules in that subdivision apply to this 
122.10 	section.
122.11 	(d) The amount of stipend payments received by SEIU Healthcare Minnesota & Iowa 
122.12 	collective bargaining unit members under this section is a subtraction.
122.13 	(e) The amount of stipend payments received by SEIU Healthcare Minnesota & Iowa 
122.14 	collective bargaining unit members under this section is excluded from income as defined 
122.15 	in Minnesota Statutes, sections 290.0693, subdivision 1, paragraph (i), and 290A.03, 
122.16 	subdivision 3.
122.17 	(f) Notwithstanding any law to the contrary, stipend payments under this section must 
122.18 	not be considered income, assets, or personal property for purposes of determining or 
122.19 	recertifying eligibility for:
122.20 	(1) child care assistance programs under Minnesota Statutes, chapter 142E;
122.21 	(2) general assistance, Minnesota supplemental aid, and food support under Minnesota 
122.22 	Statutes, chapter 256D;
122.23 	(3) housing support under Minnesota Statutes, chapter 256I;
122.24 	(4) the Minnesota family investment program under Minnesota Statutes, chapter 142G; 
122.25 	and
122.26 	(5) economic assistance programs under Minnesota Statutes, chapter 256P.
122.27 	(g) The commissioner of human services must not consider stipend payments under this 
122.28 	section as income or assets under Minnesota Statutes, section 256B.056, subdivision 1a, 
122.29 	paragraph (a); 3; or 3c, or for persons with eligibility determined under Minnesota Statutes, 
122.30 	section 256B.057, subdivision 3, 3a, or 3b.

122.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

123.1 	Sec. 71. DIRECTION TO COMMISSIONER; COST REPORTING IMPROVEMENT 
123.2 	AND DIRECT CARE STAFF REVIEW.
 123.3 	(a) The commissioner of human services must consult with interested parties and make 
123.4 	recommendations to the legislature to clarify provider cost reporting obligations to promote 
123.5 	more uniform and meaningful data collection under Minnesota Statutes, section 256B.4914. 
123.6 	By February 15, 2026, the commissioner must submit to the chairs and ranking minority 
123.7 	members of the legislative committees with jurisdiction over health and human services 
123.8 	policy and finance draft legislation required to implement the commissioner's 
123.9 	recommendations.
123.10 	(b) The commissioner of human services must consult with interested parties and, based 
123.11 	on the results of the cost reporting completed for calendar year 2026, recommend what, if 
123.12 	any, encumbrance of medical assistance reimbursement is appropriate to support direct care 
123.13 	staff retention and the provision of quality services under Minnesota Statutes, section 
123.14 	256B.4914. By January 15, 2028, the commissioner must submit to the chairs and ranking 
123.15 	minority members of the legislative committees with jurisdiction over health and human 
123.16 	services policy and finance draft legislation required to implement the commissioner's 
123.17 	recommendations.

123.18 	Sec. 72. COMMUNITY FIRST SERVICES AND SUPPORTS REIMBURSEMENT 
123.19 	DURING ACUTE CARE HOSPITAL STAYS.
 123.20 	(a) The commissioner of human services must seek to amend Minnesota's federally 
123.21 	approved community first services and supports program, authorized under United States 
123.22 	Code, title 42, sections 1915(i) and 1915(k), to reimburse for delivery of community first 
123.23 	services and supports under Minnesota Statutes, sections 256B.85 and 256B.851, during 
123.24 	an acute care stay in an acute care hospital setting that does not have the effect of isolating 
123.25 	individuals receiving community first services and supports from the broader community 
123.26 	of individuals not receiving community first services and supports, as permitted under Code 
123.27 	of Federal Regulations, title 42, section 441.530.
123.28 	(b) Reimbursed services must:
123.29 	(1) be identified in an individual's person-centered support plan as required under 
123.30 	Minnesota Statutes, section 256B.0911;
123.31 	(2) be provided to meet the needs of the person that are not met through the provision 
123.32 	of hospital services;
124.1 	(3) not substitute services that the hospital is obligated to provide as required under state 
124.2 	and federal law; and
124.3 	(4) be designed to preserve the person's functional abilities during a hospital stay for 
124.4 	acute care and to ensure smooth transitions between acute care settings and home and 
124.5 	community-based settings.

124.6 	EFFECTIVE DATE. Paragraph (a) is effective the day following final enactment. 
124.7 	Paragraph (b) is effective January 1, 2026, or upon federal approval, whichever is later. The 
124.8 	commissioner of human services shall notify the revisor of statutes when federal approval 
124.9 	is obtained.

124.10 	Sec. 73. POSITIVE SUPPORTS COMPETENCY PROGRAM.
 124.11 	(a) The commissioner shall establish a positive supports competency program with the 
124.12 	money appropriated for this purpose.
124.13 	(b) When establishing the positive supports competency program, the commissioner 
124.14 	must use a community-partner-driven process to:
124.15 	(1) define the core activities associated with effective intervention services at the levels 
124.16 	of positive support specialist, positive support analyst, and positive support professional;
124.17 	(2) create tools providers may use to track whether their positive supports specialists, 
124.18 	positive support analysts, and positive support professionals are competently performing 
124.19 	the core activities associated with effective intervention services;
124.20 	(3) align existing training systems funded through the Department of Human Services 
124.21 	and develop free online modules for competency-based training to prepare positive support 
124.22 	specialists, positive support analysts, and positive support professionals to provide effective 
124.23 	intervention services;
124.24 	(4) assist providers interested in utilizing a competency-based training model to create 
124.25 	a career pathway for the positive support analysts and positive support specialists within 
124.26 	their organizations by using experienced professionals;
124.27 	(5) create written guidelines, stories, and examples for providers that will be placed on 
124.28 	Department of Human Services websites promoting capacity building; and
124.29 	(6) disseminate resources and guidance to providers interested in meeting 
124.30 	competency-based qualifications for positive supports through existing regional networks 
124.31 	of experts, including communities of practice, and develop new avenues for disseminating 
124.32 	these resources and guidance, including through implementation of ECHO models.

125.1 	Sec. 74. DIRECTION TO COMMISSIONER; INTEGRATED COMMUNITY 
125.2 	SUPPORTS CODIFICATION.
 125.3 	(a) The commissioner of human services must develop draft language to codify in 
125.4 	Minnesota Statutes the standards and requirements for integrated community supports as 
125.5 	specified in the federally approved brain injury, community access for disability inclusion, 
125.6 	community alternative care, and developmental disabilities waiver plans.
125.7 	(b) When developing and drafting the proposed legislative language, the commissioner 
125.8 	must consult with interested parties, including the Association of Residential Resources in 
125.9 	Minnesota, the Residential Providers Association of Minnesota, the Minnesota Association 
125.10 	of County Social Service Administrators, and people with disabilities currently or potentially 
125.11 	receiving integrated community supports. The commissioner must ensure that the interested 
125.12 	parties with whom the commissioner consults represent a broad spectrum of active and 
125.13 	potential providers and service recipients. The commissioner's consultation with interested 
125.14 	parties must be transparent and provide the opportunity for meaningful input from active 
125.15 	and potential providers and service recipients.
125.16 	(c) The commissioner must submit the draft legislation to the chairs and ranking minority 
125.17 	members of the legislative committees with jurisdiction over health and human services 
125.18 	policy and finance by January 1, 2026.

125.19 	Sec. 75. DIRECTION TO COMMISSIONER; PROVISIONAL OR TRANSITIONAL 
125.20 	APPROVAL OF INTEGRATED COMMUNITY SERVICES SETTINGS.
 125.21 	(a) The commissioner of human services must develop draft language to improve the 
125.22 	process for approving integrated community supports settings, including a process for issuing 
125.23 	provisional or transitional licenses to allow applicants to obtain an initial approval to operate 
125.24 	prior to securing control of the approved setting. This process must also allow applicants 
125.25 	to change the approved setting during the application review period when needed to ensure 
125.26 	an available setting.
125.27 	(b) The commissioner must submit the draft legislation to the chairs and ranking minority 
125.28 	members of the legislative committees with jurisdiction over health and human services 
125.29 	policy and finance by January 1, 2026.

125.30 	Sec. 76. DIRECTION TO COMMISSIONER; GUIDANCE TO COUNTIES.
 125.31 	Upon receipt of approval from the Centers for Medicare and Medicaid Services, the 
125.32 	commissioner of human services shall provide guidance to counties on the administration 
126.1 	of the family support program under Minnesota Statutes, section 252.32; the consumer 
126.2 	support program under Minnesota Statutes, section 256.476; disability waivers under 
126.3 	Minnesota Statutes, sections 256B.092 and 256B.49; and the community first services and 
126.4 	supports program under Minnesota Statutes, section 256B.85, to clarify that the cost of 
126.5 	adaptive or one-on-one swimming lessons is an allowable use of money.

126.6 	Sec. 77. DIRECTION TO COMMISSIONER; SWIMMING LESSONS COVERED 
126.7 	UNDER DISABILITY WAIVERS.
 126.8 	The commissioner of human services shall include swimming lessons for a participant 
126.9 	whose disability puts the participant at a higher risk of drowning as a covered service under 
126.10 	the disability waivers, including the consumer-directed community supports option, under 
126.11 	Minnesota Statutes, sections 256B.092 and 256B.49.

126.12 	EFFECTIVE DATE. This section is effective January 1, 2026, or upon federal approval, 
126.13 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
126.14 	when federal approval is obtained.

126.15 	Sec. 78. REPEALER.
 126.16 		Subdivision 1.Obsolete home and community-based services licensing 
126.17 	provisions. Minnesota Statutes 2024, section 245A.042, subdivisions 2, 3, and 4, are 
126.18 	repealed.
126.19 		Subd. 2.Direct care provider premiums. Laws 2023, chapter 59, article 3, section 11, 
126.20 	is repealed.
126.21 		Subd. 3.Legislative Task Force on Guardianship. Laws 2024, chapter 127, article 
126.22 	46, section 39, is repealed.

126.23 	ARTICLE 3
126.24 	SUBSTANCE USE DISORDER TREATMENT

126.25 	Section 1. Minnesota Statutes 2024, section 245G.01, subdivision 13b, is amended to 
126.26 	read:
126.27 		Subd. 13b.Guest speaker. "Guest speaker" means an individual who is not an alcohol 
126.28 	and drug counselor qualified according to section 245G.11, subdivision 5; is not qualified 
126.29 	according to the commissioner's list of professionals under section 245G.07, subdivision 3, 
126.30 	clause (1); and who works under the direct observation of an alcohol and drug counselor to 
126.31 	present to clients on topics in which the guest speaker has expertise and that the license 
127.1 	holder has determined to be beneficial to a client's recovery. Tribally licensed programs 
127.2 	have autonomy to identify the qualifications of their guest speakers.

127.3 	Sec. 2. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to 
127.4 	read:
127.5 		Subd. 13d.Individual counseling. "Individual counseling" means professionally led 
127.6 	psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one 
127.7 	setting or in a setting with the client and the client's family and other natural supports.

127.8 	Sec. 3. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to 
127.9 	read:
127.10 		Subd. 20f.Psychoeducation. "Psychoeducation" means the services described in section 
127.11 	245G.07, subdivision 1a, clause (2).

127.12 	Sec. 4. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to 
127.13 	read:
127.14 		Subd. 20g.Psychosocial treatment services. "Psychosocial treatment services" means 
127.15 	the services described in section 245G.07, subdivision 1a.

127.16 	Sec. 5. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to 
127.17 	read:
127.18 		Subd. 20h.Recovery support services. "Recovery support services" means the services 
127.19 	described in section 245G.07, subdivision 2a, paragraph (b), clause (1).

127.20 	Sec. 6. Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision to 
127.21 	read:
127.22 		Subd. 26a.Treatment coordination. "Treatment coordination" means the services 
127.23 	described in section 245G.07, subdivision 1b.

127.24 	Sec. 7. Minnesota Statutes 2024, section 245G.02, subdivision 2, is amended to read:
127.25 		Subd. 2.Exemption from license requirement. This chapter does not apply to a county 
127.26 	or recovery community organization that is providing a service for which the county or 
127.27 	recovery community organization is an eligible vendor under section 254B.05. This chapter 
127.28 	does not apply to an organization whose primary functions are information, referral, 
127.29 	diagnosis, case management, and assessment for the purposes of client placement, education, 
128.1 	support group services, or self-help programs. This chapter does not apply to the activities 
128.2 	of a licensed professional in private practice. A license holder providing the initial set of 
128.3 	substance use disorder services allowable under section 254A.03, subdivision 3, paragraph 
128.4 	(c), to an individual referred to a licensed nonresidential substance use disorder treatment 
128.5 	program after a positive screen for alcohol or substance misuse is exempt from sections 
128.6 	245G.05; 245G.06, subdivisions 1, 1a, and 4; 245G.07, subdivisions 1, paragraph (a), clauses 
128.7 	(2) to (4), and 2, clauses (1) to (7) subdivision 1a, clause (2); and 245G.17.

128.8 	EFFECTIVE DATE. This section is effective July 1, 2026.

128.9 	Sec. 8. Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read:
128.10 		Subdivision 1.Comprehensive assessment. (a) A comprehensive assessment of the 
128.11 	client's substance use disorder must be administered face-to-face by an alcohol and drug 
128.12 	counselor within five calendar days from the day of service initiation for a residential 
128.13 	program or by the end of the fifth day on which a treatment service is provided in a 
128.14 	nonresidential program. The number of days to complete the comprehensive assessment 
128.15 	excludes the day of service initiation.
128.16 	(b) A comprehensive assessment must be administered by:
128.17 	(1) an alcohol and drug counselor;
128.18 	(2) a mental health professional who meets the qualifications under section 245I.04, 
128.19 	subdivision 2, practices within the scope of their professional licensure, and has training in 
128.20 	addiction, co-occurring disorders, and substance use disorder diagnosis and treatment 
128.21 	according to the requirements in section 245G.13, subdivision 2, paragraph (f);
128.22 	(3) a clinical trainee who meets the qualifications under section 245I.04, subdivision 6, 
128.23 	practicing under the supervision of a mental health professional who meets the requirements 
128.24 	of clause (2); or
128.25 	(4) an advanced practice registered nurse as defined in section 148.171, subdivision 3, 
128.26 	who practices within the scope of their professional licensure and has training in addiction, 
128.27 	co-occurring disorders, and substance use disorder diagnosis and treatment according to 
128.28 	the requirements in section 245G.13, subdivision 2, paragraph (f).
128.29 	(c) If the comprehensive assessment is not completed within the required time frame, 
128.30 	the person-centered reason for the delay and the planned completion date must be documented 
128.31 	in the client's file. The comprehensive assessment is complete upon a qualified staff member's 
128.32 	dated signature. If the client received a comprehensive assessment that authorized the 
128.33 	treatment service, an alcohol and drug counselor a staff member qualified under paragraph 
129.1 	(b) may use the comprehensive assessment for requirements of this subdivision but must 
129.2 	document a review of the comprehensive assessment and update the comprehensive 
129.3 	assessment as clinically necessary to ensure compliance with this subdivision within 
129.4 	applicable timelines. An alcohol and drug counselor A staff member qualified under 
129.5 	paragraph (b) must sign and date the comprehensive assessment review and update.

129.6 	Sec. 9. Minnesota Statutes 2024, section 245G.07, subdivision 1, is amended to read:
129.7 		Subdivision 1.Treatment service. (a) A licensed residential treatment program must 
129.8 	offer the treatment services in clauses (1) to (5) subdivisions 1a and 1b and may offer the 
129.9 	treatment services in subdivision 2 to each client, unless clinically inappropriate and the 
129.10 	justifying clinical rationale is documented. A nonresidential The treatment program must 
129.11 	offer all treatment services in clauses (1) to (5) and document in the individual treatment 
129.12 	plan the specific services for which a client has an assessed need and the plan to provide 
129.13 	the services:.
129.14 	(1) individual and group counseling to help the client identify and address needs related 
129.15 	to substance use and develop strategies to avoid harmful substance use after discharge and 
129.16 	to help the client obtain the services necessary to establish a lifestyle free of the harmful 
129.17 	effects of substance use disorder;
129.18 	(2) client education strategies to avoid inappropriate substance use and health problems 
129.19 	related to substance use and the necessary lifestyle changes to regain and maintain health. 
129.20 	Client education must include information on tuberculosis education on a form approved 
129.21 	by the commissioner, the human immunodeficiency virus according to section 245A.19, 
129.22 	other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis;
129.23 	(3) a service to help the client integrate gains made during treatment into daily living 
129.24 	and to reduce the client's reliance on a staff member for support;
129.25 	(4) a service to address issues related to co-occurring disorders, including client education 
129.26 	on symptoms of mental illness, the possibility of comorbidity, and the need for continued 
129.27 	medication compliance while recovering from substance use disorder. A group must address 
129.28 	co-occurring disorders, as needed. When treatment for mental health problems is indicated, 
129.29 	the treatment must be integrated into the client's individual treatment plan; and
129.30 	(5) treatment coordination provided one-to-one by an individual who meets the staff 
129.31 	qualifications in section 245G.11, subdivision 7. Treatment coordination services include:
129.32 	(i) assistance in coordination with significant others to help in the treatment planning 
129.33 	process whenever possible;
130.1 	(ii) assistance in coordination with and follow up for medical services as identified in 
130.2 	the treatment plan;
130.3 	(iii) facilitation of referrals to substance use disorder services as indicated by a client's 
130.4 	medical provider, comprehensive assessment, or treatment plan;
130.5 	(iv) facilitation of referrals to mental health services as identified by a client's 
130.6 	comprehensive assessment or treatment plan;
130.7 	(v) assistance with referrals to economic assistance, social services, housing resources, 
130.8 	and prenatal care according to the client's needs;
130.9 	(vi) life skills advocacy and support accessing treatment follow-up, disease management, 
130.10 	and education services, including referral and linkages to long-term services and supports 
130.11 	as needed; and
130.12 	(vii) documentation of the provision of treatment coordination services in the client's 
130.13 	file.
130.14 	(b) A treatment service provided to a client must be provided according to the individual 
130.15 	treatment plan and must consider cultural differences and special needs of a client.
130.16 	(c) A supportive service alone does not constitute a treatment service. Supportive services 
130.17 	include:
130.18 	(1) milieu management or supervising or monitoring clients without also providing a 
130.19 	treatment service identified in subdivision 1a, 1b, or 2a;
130.20 	(2) transporting clients;
130.21 	(3) waiting with clients for appointments at social service agencies, court hearings, and 
130.22 	similar activities; and
130.23 	(4) collecting urinalysis samples.
130.24 	(d) A treatment service provided in a group setting must be provided in a cohesive 
130.25 	manner and setting that allows every client receiving the service to interact and receive the 
130.26 	same service at the same time.

130.27 	Sec. 10. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision 
130.28 	to read:
130.29 		Subd. 1a.Psychosocial treatment service. Psychosocial treatment services must be 
130.30 	provided according to the hours identified in section 254B.19 for the ASAM level of care 
131.1 	provided to the client. A license holder must provide the following psychosocial treatment 
131.2 	services as a part of the client's individual treatment:
131.3 	(1) counseling services that provide a client with professional assistance in managing 
131.4 	substance use disorder and co-occurring conditions, either individually or in a group setting. 
131.5 	Counseling must:
131.6 	(i) use evidence-based techniques to help a client modify behavior, overcome obstacles, 
131.7 	and achieve and sustain recovery through techniques such as active listening, guidance, 
131.8 	discussion, feedback, and clarification;
131.9 	(ii) help the client to identify and address needs related to substance use, develop 
131.10 	strategies to avoid harmful substance use, and establish a lifestyle free of the harmful effects 
131.11 	of substance use disorder; and
131.12 	(iii) work to improve well-being and mental health, resolve or mitigate symptomatic 
131.13 	behaviors, beliefs, compulsions, thoughts, and emotions, and enhance relationships and 
131.14 	social skills, while addressing client-centered psychological and emotional needs; and
131.15 	(2) psychoeducation services to provide a client with information about substance use 
131.16 	and co-occurring conditions, either individually or in a group setting. Psychoeducation 
131.17 	includes structured presentations, interactive discussions, and practical exercises to help 
131.18 	clients understand and manage their conditions effectively. Topics include but are not limited 
131.19 	to:
131.20 	(i) the causes of substance use disorder and co-occurring disorders;
131.21 	(ii) behavioral techniques that help a client change behaviors, thoughts, and feelings;
131.22 	(iii) the importance of maintaining mental health, including understanding symptoms 
131.23 	of mental illness;
131.24 	(iv) medications for addiction and psychiatric disorders and the importance of medication 
131.25 	adherence;
131.26 	(v) the importance of maintaining physical health, health-related risk factors associated 
131.27 	with substance use disorder, and specific health education on tuberculosis, HIV, other 
131.28 	sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis; and
131.29 	(vi) harm-reduction strategies.

132.1 	Sec. 11. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision 
132.2 	to read:
132.3 		Subd. 1b.Treatment coordination. (a) Treatment coordination must be provided to a 
132.4 	single client by an individual who meets the staff qualifications in section 245G.11, 
132.5 	subdivision 7. Treatment coordination services include:
132.6 	(1) coordinating directly with others involved in the client's treatment and recovery, 
132.7 	including the referral source, family or natural supports, social services agencies, and external 
132.8 	care providers;
132.9 	(2) providing clients with training and facilitating connections to community resources 
132.10 	that support recovery;
132.11 	(3) assisting clients in obtaining necessary resources and services such as financial 
132.12 	assistance, housing, food, clothing, medical care, education, harm reduction services, 
132.13 	vocational support, and recreational services that promote recovery;
132.14 	(4) helping clients connect and engage with self-help support groups and expand social 
132.15 	support networks with family, friends, and organizations; and
132.16 	(5) assisting clients in transitioning between levels of care, including providing direct 
132.17 	connections to ensure continuity of care.
132.18 	(b) Treatment coordination does not include coordinating services or communicating 
132.19 	with staff members within the licensed program.
132.20 	(c) Treatment coordination may be provided in a setting with the individual client and 
132.21 	others involved in the client's treatment and recovery.

132.22 	Sec. 12. Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision 
132.23 	to read:
132.24 		Subd. 2a.Ancillary treatment service. (a) A license holder may provide ancillary 
132.25 	services in addition to the hours of psychosocial treatment services identified in section 
132.26 	254B.19 for the ASAM level of care provided to the client.
132.27 	(b) A license holder may provide the following ancillary treatment services as a part of 
132.28 	the client's individual treatment:
132.29 	(1) recovery support services provided individually or in a group setting, that include:
132.30 	(i) supporting clients in restoring daily living skills, such as health and health care 
132.31 	navigation and self-care to enhance personal well-being;
133.1 	(ii) providing resources and assistance to help clients restore life skills, including effective 
133.2 	parenting, financial management, pro-social behavior, education, employment, and nutrition;
133.3 	(iii) assisting clients in restoring daily functioning and routines affected by substance 
133.4 	use and supporting them in developing skills for successful community integration; and
133.5 	(iv) helping clients respond to or avoid triggers that threaten their community stability, 
133.6 	assisting the client in identifying potential crises and developing a plan to address them, 
133.7 	and providing support to restore the client's stability and functioning; and
133.8 	(2) peer recovery support services provided according to sections 254B.05, subdivision 
133.9 	5, and 254B.052.

133.10 	Sec. 13. Minnesota Statutes 2024, section 245G.07, subdivision 3, is amended to read:
133.11 		Subd. 3.Counselors Treatment service providers. (a) All treatment services, except 
133.12 	peer recovery support services and treatment coordination, must be provided by an alcohol 
133.13 	and drug counselor qualified according to section 245G.11, subdivision 5, unless the
133.14 	individual providing the service is specifically qualified according to the accepted credential 
133.15 	required to provide the service. The commissioner shall maintain a current list of 
133.16 	professionals qualified to provide treatment services.
133.17 	(b) Psychosocial treatment services must be provided by an alcohol and drug counselor 
133.18 	qualified according to section 245G.11, subdivision 5, unless the individual providing the 
133.19 	service is specifically qualified according to the accepted credential required to provide the 
133.20 	service. The commissioner shall maintain a current list of professionals qualified to provide 
133.21 	psychosocial treatment services.
133.22 	(c) Treatment coordination must be provided by a treatment coordinator qualified 
133.23 	according to section 245G.11, subdivision 7.
133.24 	(d) Recovery support services must be provided by a behavioral health practitioner 
133.25 	qualified according to section 245G.11, subdivision 12.
133.26 	(e) Peer recovery support services must be provided by a recovery peer qualified 
133.27 	according to section 245I.04, subdivision 18.

133.28 	Sec. 14. Minnesota Statutes 2024, section 245G.07, subdivision 4, is amended to read:
133.29 		Subd. 4.Location of service provision. (a) The license holder must provide all treatment 
133.30 	services a client receives at one of the license holder's substance use disorder treatment 
133.31 	licensed locations or at a location allowed under paragraphs (b) to (f). If the services are 
134.1 	provided at the locations in paragraphs (b) to (d), the license holder must document in the 
134.2 	client record the location services were provided.
134.3 	(b) The license holder may provide nonresidential individual treatment services at a 
134.4 	client's home or place of residence.
134.5 	(c) If the license holder provides treatment services by telehealth, the services must be 
134.6 	provided according to this paragraph:
134.7 	(1) the license holder must maintain a licensed physical location in Minnesota where 
134.8 	the license holder must offer all treatment services in subdivision 1, paragraph (a), clauses 
134.9 	(1) to (4), 1a physically in-person to each client;
134.10 	(2) the license holder must meet all requirements for the provision of telehealth in sections 
134.11 	254B.05, subdivision 5, paragraph (f), and 256B.0625, subdivision 3b. The license holder 
134.12 	must document all items in section 256B.0625, subdivision 3b, paragraph (c), for each client 
134.13 	receiving services by telehealth, regardless of payment type or whether the client is a medical 
134.14 	assistance enrollee;
134.15 	(3) the license holder may provide treatment services by telehealth to clients individually;
134.16 	(4) the license holder may provide treatment services by telehealth to a group of clients 
134.17 	that are each in a separate physical location;
134.18 	(5) the license holder must not provide treatment services remotely by telehealth to a 
134.19 	group of clients meeting together in person, unless permitted under clause (7);
134.20 	(6) clients and staff may join an in-person group by telehealth if a staff member qualified 
134.21 	to provide the treatment service is physically present with the group of clients meeting 
134.22 	together in person; and
134.23 	(7) the qualified professional providing a residential group treatment service by telehealth 
134.24 	must be physically present on-site at the licensed residential location while the service is 
134.25 	being provided. If weather conditions or short-term illness prohibit a qualified professional 
134.26 	from traveling to the residential program and another qualified professional is not available 
134.27 	to provide the service, a qualified professional may provide a residential group treatment 
134.28 	service by telehealth from a location away from the licensed residential location. In such 
134.29 	circumstances, the license holder must ensure that a qualified professional does not provide 
134.30 	a residential group treatment service by telehealth from a location away from the licensed 
134.31 	residential location for more than one day at a time, must ensure that a staff person who 
134.32 	qualifies as a paraprofessional is physically present with the group of clients, and must 
134.33 	document the reason for providing the remote telehealth service in the records of clients 
135.1 	receiving the service. The license holder must document the dates that residential group 
135.2 	treatment services were provided by telehealth from a location away from the licensed 
135.3 	residential location in a central log and must provide the log to the commissioner upon 
135.4 	request.
135.5 	(d) The license holder may provide the additional ancillary treatment services under 
135.6 	subdivision 2, clauses (2) to (6) and (8), 2a away from the licensed location at a suitable 
135.7 	location appropriate to the treatment service.
135.8 	(e) Upon written approval from the commissioner for each satellite location, the license 
135.9 	holder may provide nonresidential treatment services at satellite locations that are in a 
135.10 	school, jail, or nursing home. A satellite location may only provide services to students of 
135.11 	the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing 
135.12 	homes are exempt from the licensing requirements in section 245A.04, subdivision 2a, to 
135.13 	document compliance with building codes, fire and safety codes, health rules, and zoning 
135.14 	ordinances.
135.15 	(f) The commissioner may approve other suitable locations as satellite locations for 
135.16 	nonresidential treatment services. The commissioner may require satellite locations under 
135.17 	this paragraph to meet all applicable licensing requirements. The license holder may not 
135.18 	have more than two satellite locations per license under this paragraph.
135.19 	(g) The license holder must provide the commissioner access to all files, documentation, 
135.20 	staff persons, and any other information the commissioner requires at the main licensed 
135.21 	location for all clients served at any location under paragraphs (b) to (f).
135.22 	(h) Notwithstanding sections 245A.65, subdivision 2, and 626.557, subdivision 14, a 
135.23 	program abuse prevention plan is not required for satellite or other locations under paragraphs 
135.24 	(b) to (e). An individual abuse prevention plan is still required for any client that is a 
135.25 	vulnerable adult as defined in section 626.5572, subdivision 21.

135.26 	Sec. 15. Minnesota Statutes 2024, section 245G.11, subdivision 6, is amended to read:
135.27 		Subd. 6.Paraprofessionals. A paraprofessional who does not meet the qualifications 
135.28 	of the behavioral health practitioner as described in section 245G.11, subdivision 12, must 
135.29 	have knowledge of client rights, according to section 148F.165, and staff member 
135.30 	responsibilities. A paraprofessional may not make decisions to admit, transfer, or discharge 
135.31 	a client but may perform tasks related to intake and orientation. A paraprofessional may be
135.32 	the responsible for the delivery of treatment service staff member according to section 
136.1 	245G.10, subdivision 3. A paraprofessional is not qualified to provide a treatment service 
136.2 	according to section 245G.07, subdivisions 1a, 1b, and 2a.

136.3 	Sec. 16. Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read:
136.4 		Subd. 7.Treatment coordination provider qualifications. (a) Treatment coordination 
136.5 	must be provided by qualified staff. An individual is qualified to provide treatment 
136.6 	coordination if the individual meets the qualifications of an alcohol and drug counselor 
136.7 	under subdivision 5 or if the individual:
136.8 	(1) is skilled in the process of identifying and assessing a wide range of client needs;
136.9 	(2) is knowledgeable about local community resources and how to use those resources 
136.10 	for the benefit of the client;
136.11 	(3) has successfully completed 30 hours of classroom instruction on treatment 
136.12 	coordination for an individual with substance use disorder specific training on substance 
136.13 	use disorder and co-occurring disorders that is consistent with national evidence-based 
136.14 	practices; and
136.15 	(4) has either meets one of the following criteria:
136.16 	(i) has a bachelor's degree in one of the behavioral sciences or related fields and at least 
136.17 	1,000 hours of supervised experience working with individuals with substance use disorder; 
136.18 	or
136.19 	(ii) has current certification as an alcohol and drug counselor, level I, by the Upper 
136.20 	Midwest Indian Council on Addictive Disorders; and or
136.21 	(iii) is a mental health practitioner who meets the qualifications under section 245I.04, 
136.22 	subdivision 4.
136.23 	(5) has at least 2,000 hours of supervised experience working with individuals with 
136.24 	substance use disorder.
136.25 	(b) A treatment coordinator must receive at least one hour of supervision regarding 
136.26 	individual service delivery from an alcohol and drug counselor, or a mental health 
136.27 	professional who has substance use treatment and assessments within the scope of their 
136.28 	practice, on a monthly basis.

137.1 	Sec. 17. Minnesota Statutes 2024, section 245G.11, is amended by adding a subdivision 
137.2 	to read:
137.3 		Subd. 12.Behavioral health practitioners. (a) A behavioral health practitioner must 
137.4 	meet the qualifications in section 245I.04, subdivision 4.
137.5 	(b) A behavioral health practitioner working within a substance use disorder treatment 
137.6 	program licensed under this chapter has the following scope of practice:
137.7 	(1) a behavioral health practitioner may provide clients with recovery support services, 
137.8 	as defined in section 245G.07, subdivision 2a, paragraph (b), clause (1); and
137.9 	(2) a behavioral health practitioner must not provide treatment supervision to other staff 
137.10 	persons.
137.11 	(c) A behavioral health practitioner working within a substance use disorder treatment 
137.12 	program licensed under this chapter must receive at least one hour of supervision per month 
137.13 	on individual service delivery from an alcohol and drug counselor or a mental health 
137.14 	professional who has substance use treatment and assessments within the scope of their 
137.15 	practice.

137.16 	Sec. 18. Minnesota Statutes 2024, section 245G.22, subdivision 11, is amended to read:
137.17 		Subd. 11.Waiting list. An opioid treatment program must have a waiting list system. 
137.18 	If the person seeking admission cannot be admitted within 14 days of the date of application, 
137.19 	each person seeking admission must be placed on the waiting list, unless the person seeking 
137.20 	admission is assessed by the program and found ineligible for admission according to this 
137.21 	chapter and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12 (e), 
137.22 	and title 45, parts 160 to 164. The waiting list must assign a unique client identifier for each 
137.23 	person seeking treatment while awaiting admission. A person seeking admission on a waiting 
137.24 	list who receives no services under section 245G.07, subdivision 1 1a or 1b, must not be 
137.25 	considered a client as defined in section 245G.01, subdivision 9.

137.26 	Sec. 19. Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
137.27 		Subd. 15.Nonmedication treatment services; documentation. (a) The program must 
137.28 	offer at least 50 consecutive minutes of individual or group therapy treatment services as 
137.29 	defined in section 245G.07, subdivision 1, paragraph (a) 1a, clause (1), per week, for the 
137.30 	first ten weeks following the day of service initiation, and at least 50 consecutive minutes 
137.31 	per month thereafter. As clinically appropriate, the program may offer these services 
137.32 	cumulatively and not consecutively in increments of no less than 15 minutes over the required 
138.1 	time period, and for a total of 60 minutes of treatment services over the time period, and 
138.2 	must document the reason for providing services cumulatively in the client's record. The 
138.3 	program may offer additional levels of service when deemed clinically necessary.
138.4 	(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05, 
138.5 	the assessment must be completed within 21 days from the day of service initiation.

138.6 	Sec. 20. Minnesota Statutes 2024, section 254A.19, subdivision 4, is amended to read:
138.7 		Subd. 4.Civil commitments. For the purposes of determining level of care, a 
138.8 	comprehensive assessment does not need to be completed for an individual being committed 
138.9 	as a chemically dependent person, as defined in section 253B.02, and for the duration of a 
138.10 	civil commitment under section 253B.09 or 253B.095 in order for a county the individual
138.11 	to access be eligible for the behavioral health fund under section 254B.04. The county
138.12 	commissioner must determine if the individual meets the financial eligibility requirements 
138.13 	for the behavioral health fund under section 254B.04.

138.14 	EFFECTIVE DATE. This section is effective July 1, 2025.

138.15 	Sec. 21. Minnesota Statutes 2024, section 254B.01, subdivision 10, is amended to read:
138.16 		Subd. 10.Skilled Psychosocial treatment services. "Skilled Psychosocial treatment 
138.17 	services" includes the treatment services described in section 245G.07, subdivisions 1, 
138.18 	paragraph (a), clauses (1) to (4), and 2, clauses (1) to (6). Skilled subdivision 1a. Psychosocial
138.19 	treatment services must be provided by qualified professionals as identified in section 
138.20 	245G.07, subdivision 3, paragraph (b).

138.21 	Sec. 22. Minnesota Statutes 2024, section 254B.02, subdivision 5, is amended to read:
138.22 		Subd. 5.Local agency Tribal allocation. The commissioner may make payments to 
138.23 	local agencies Tribal Nation servicing agencies from money allocated under this section to 
138.24 	support individuals with substance use disorders and determine eligibility for behavioral 
138.25 	health fund payments. The payment must not be less than 133 percent of the local agency
138.26 	Tribal Nations payment for the fiscal year ending June 30, 2009, adjusted in proportion to 
138.27 	the statewide change in the appropriation for this chapter.

138.28 	EFFECTIVE DATE. This section is effective July 1, 2025.

139.1 	Sec. 23. Minnesota Statutes 2024, section 254B.03, subdivision 1, is amended to read:
139.2 		Subdivision 1.Local agency duties Financial eligibility determinations. (a) Every 
139.3 	local agency The commissioner of human services or Tribal Nation servicing agencies must 
139.4 	determine financial eligibility for substance use disorder services and provide substance 
139.5 	use disorder services to persons residing within its jurisdiction who meet criteria established 
139.6 	by the commissioner. Substance use disorder money must be administered by the local 
139.7 	agencies according to law and rules adopted by the commissioner under sections 14.001 to 
139.8 	14.69.
139.9 	(b) In order to contain costs, the commissioner of human services shall select eligible 
139.10 	vendors of substance use disorder services who can provide economical and appropriate 
139.11 	treatment. Unless the local agency is a social services department directly administered by 
139.12 	a county or human services board, the local agency shall not be an eligible vendor under 
139.13 	section 254B.05. The commissioner may approve proposals from county boards to provide 
139.14 	services in an economical manner or to control utilization, with safeguards to ensure that 
139.15 	necessary services are provided. If a county implements a demonstration or experimental 
139.16 	medical services funding plan, the commissioner shall transfer the money as appropriate.
139.17 	(c) An individual may choose to obtain a comprehensive assessment as provided in 
139.18 	section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled 
139.19 	provider that is licensed to provide the level of service authorized pursuant to section 
139.20 	254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual 
139.21 	must comply with any provider network requirements or limitations.
139.22 	(d) Beginning July 1, 2022, local agencies shall not make placement location 
139.23 	determinations.

139.24 	EFFECTIVE DATE. This section is effective July 1, 2025.

139.25 	Sec. 24. Minnesota Statutes 2024, section 254B.03, subdivision 3, is amended to read:
139.26 		Subd. 3.Local agencies Counties to pay state for county share. Local agencies
139.27 	Counties shall pay the state for the county share of the services authorized by the local 
139.28 	agency commissioner, except when the payment is made according to section 254B.09, 
139.29 	subdivision 8.

139.30 	EFFECTIVE DATE. This section is effective July 1, 2025.

140.1 	Sec. 25. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
140.2 		Subd. 1a.Client eligibility. (a) Persons eligible for benefits under Code of Federal 
140.3 	Regulations, title 25, part 20, who meet the income standards of section 256B.056, 
140.4 	subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health 
140.5 	fund services. State money appropriated for this paragraph must be placed in a separate 
140.6 	account established for this purpose.
140.7 	(b) Persons with dependent children who are determined to be in need of substance use 
140.8 	disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in 
140.9 	need of chemical dependency treatment pursuant to a case plan under section 260C.201, 
140.10 	subdivision 6, or 260C.212, shall be assisted by the local agency commissioner to access 
140.11 	needed treatment services. Treatment services must be appropriate for the individual or 
140.12 	family, which may include long-term care treatment or treatment in a facility that allows 
140.13 	the dependent children to stay in the treatment facility. The county shall pay for out-of-home 
140.14 	placement costs, if applicable.
140.15 	(c) Notwithstanding paragraph (a), any person enrolled in medical assistance or 
140.16 	MinnesotaCare is eligible for room and board services under section 254B.05, subdivision 
140.17 	5, paragraph (b), clause (9).
140.18 	(d) A client is eligible to have substance use disorder treatment paid for with funds from 
140.19 	the behavioral health fund when the client:
140.20 	(1) is eligible for MFIP as determined under chapter 142G;
140.21 	(2) is eligible for medical assistance as determined under Minnesota Rules, parts 
140.22 	9505.0010 to 9505.0150 9505.140;
140.23 	(3) is eligible for general assistance, general assistance medical care, or work readiness 
140.24 	as determined under Minnesota Rules, parts 9500.1200 to 9500.1318 9500.1272; or
140.25 	(4) has income that is within current household size and income guidelines for entitled 
140.26 	persons, as defined in this subdivision and subdivision 7.
140.27 	(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have 
140.28 	a third-party payment source are eligible for the behavioral health fund if the third-party 
140.29 	payment source pays less than 100 percent of the cost of treatment services for eligible 
140.30 	clients.
140.31 	(f) A client is ineligible to have substance use disorder treatment services paid for with 
140.32 	behavioral health fund money if the client:
141.1 	(1) has an income that exceeds current household size and income guidelines for entitled 
141.2 	persons as defined in this subdivision and subdivision 7; or
141.3 	(2) has an available third-party payment source that will pay the total cost of the client's 
141.4 	treatment.
141.5 	(g) A client who is disenrolled from a state prepaid health plan during a treatment episode 
141.6 	is eligible for continued treatment service that is paid for by the behavioral health fund until 
141.7 	the treatment episode is completed or the client is re-enrolled in a state prepaid health plan 
141.8 	if the client:
141.9 	(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance 
141.10 	medical care; or
141.11 	(2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local 
141.12 	agency the commissioner under section 254B.04.
141.13 	(h) When a county commits a client under chapter 253B to a regional treatment center 
141.14 	for substance use disorder services and the client is ineligible for the behavioral health fund, 
141.15 	the county is responsible for the payment to the regional treatment center according to 
141.16 	section 254B.05, subdivision 4.
141.17 	(i) Persons enrolled in MinnesotaCare are eligible for room and board services when 
141.18 	provided through intensive residential treatment services and residential crisis services under 
141.19 	section 256B.0622.
141.20 	(j) A person is eligible for one 60-consecutive-calendar-day period per year. A person 
141.21 	may submit a request for additional eligibility to the commissioner. A person denied 
141.22 	additional eligibility under this paragraph may request a state agency hearing under section 
141.23 	256.045.

141.24 	EFFECTIVE DATE. This section is effective July 1, 2025.

141.25 	Sec. 26. Minnesota Statutes 2024, section 254B.04, subdivision 5, is amended to read:
141.26 		Subd. 5.Local agency Commissioner responsibility to provide administrative
141.27 	services. The local agency commissioner of human services may employ individuals to 
141.28 	conduct administrative activities and facilitate access to substance use disorder treatment 
141.29 	services.

142.1 	Sec. 27. Minnesota Statutes 2024, section 254B.04, subdivision 6, is amended to read:
142.2 		Subd. 6.Local agency Commissioner to determine client financial eligibility. (a) 
142.3 	The local agency commissioner shall determine a client's financial eligibility for the 
142.4 	behavioral health fund according to section 254B.04, subdivision 1a, with the income 
142.5 	calculated prospectively for one year from the date of request. The local agency commissioner
142.6 	shall pay for eligible clients according to chapter 256G. Client eligibility must be determined 
142.7 	using only forms prescribed by the commissioner unless the local agency has a reasonable 
142.8 	basis for believing that the information submitted on a form is false. To determine a client's 
142.9 	eligibility, the local agency commissioner must determine the client's income, the size of 
142.10 	the client's household, the availability of a third-party payment source, and a responsible 
142.11 	relative's ability to pay for the client's substance use disorder treatment.
142.12 	(b) A client who is a minor child must not be deemed to have income available to pay 
142.13 	for substance use disorder treatment, unless the minor child is responsible for payment under 
142.14 	section 144.347 for substance use disorder treatment services sought under section 144.343, 
142.15 	subdivision 1.
142.16 	(c) The local agency commissioner must determine the client's household size as follows:
142.17 	(1) if the client is a minor child, the household size includes the following persons living 
142.18 	in the same dwelling unit:
142.19 	(i) the client;
142.20 	(ii) the client's birth or adoptive parents; and
142.21 	(iii) the client's siblings who are minors; and
142.22 	(2) if the client is an adult, the household size includes the following persons living in 
142.23 	the same dwelling unit:
142.24 	(i) the client;
142.25 	(ii) the client's spouse;
142.26 	(iii) the client's minor children; and
142.27 	(iv) the client's spouse's minor children.
142.28 	For purposes of this paragraph, household size includes a person listed in clauses (1) and 
142.29 	(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing 
142.30 	to the cost of care of the person in out-of-home placement.
143.1 	(d) The local agency commissioner must determine the client's current prepaid health 
143.2 	plan enrollment, the availability of a third-party payment source, including the availability 
143.3 	of total payment, partial payment, and amount of co-payment.
143.4 	(e) The local agency must provide the required eligibility information to the department 
143.5 	in the manner specified by the department.
143.6 	(f) (e) The local agency commissioner shall require the client and policyholder to 
143.7 	conditionally assign to the department the client and policyholder's rights and the rights of 
143.8 	minor children to benefits or services provided to the client if the department is required to 
143.9 	collect from a third-party pay source.
143.10 	(g) (f) The local agency commissioner must redetermine determine a client's eligibility 
143.11 	for the behavioral health fund every 12 months for a 60-consecutive-calendar-day period 
143.12 	per calendar year.
143.13 	(h) (g) A client, responsible relative, and policyholder must provide income or wage 
143.14 	verification, household size verification, and must make an assignment of third-party payment 
143.15 	rights under paragraph (f) (e). If a client, responsible relative, or policyholder does not 
143.16 	comply with the provisions of this subdivision, the client is ineligible for behavioral health 
143.17 	fund payment for substance use disorder treatment, and the client and responsible relative 
143.18 	must be obligated to pay for the full cost of substance use disorder treatment services 
143.19 	provided to the client.

143.20 	Sec. 28. Minnesota Statutes 2024, section 254B.04, subdivision 6a, is amended to read:
143.21 		Subd. 6a.Span of eligibility. The local agency commissioner must enter the financial 
143.22 	eligibility span within five business days of a request. If the comprehensive assessment is 
143.23 	completed within the timelines required under chapter 245G, then the span of eligibility 
143.24 	must begin on the date services were initiated. If the comprehensive assessment is not 
143.25 	completed within the timelines required under chapter 245G, then the span of eligibility 
143.26 	must begin on the date the comprehensive assessment was completed.

143.27 	Sec. 29. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
143.28 		Subdivision 1.Licensure or certification required. (a) Programs licensed by the 
143.29 	commissioner are eligible vendors. Hospitals may apply for and receive licenses to be 
143.30 	eligible vendors, notwithstanding the provisions of section 245A.03. American Indian 
143.31 	programs that provide substance use disorder treatment, extended care, transitional residence, 
143.32 	or outpatient treatment services, and are licensed by tribal government are eligible vendors.
144.1 	(b) A licensed professional in private practice as defined in section 245G.01, subdivision 
144.2 	17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible 
144.3 	vendor of a comprehensive assessment provided according to section 254A.19, subdivision 
144.4 	3, and treatment services provided according to sections 245G.06 and 245G.07, subdivision 
144.5 	1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6). subdivisions 
144.6 	1, 1a, and 1b.
144.7 	(c) A county is an eligible vendor for a comprehensive assessment when provided by 
144.8 	an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5, 
144.9 	and completed according to the requirements of section 254A.19, subdivision 3. A county 
144.10 	is an eligible vendor of care treatment coordination services when provided by an individual 
144.11 	who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided 
144.12 	according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5)
144.13 	1b. A county is an eligible vendor of peer recovery services when the services are provided 
144.14 	by an individual who meets the requirements of section 245G.11, subdivision 8, and 
144.15 	according to section 254B.052.
144.16 	(d) A recovery community organization that meets the requirements of clauses (1) to 
144.17 	(14) and meets certification or accreditation requirements of the Alliance for Recovery 
144.18 	Centered Organizations, the Council on Accreditation of Peer Recovery Support Services, 
144.19 	or a Minnesota statewide recovery organization identified by the commissioner is an eligible 
144.20 	vendor of peer recovery support services. A Minnesota statewide recovery organization 
144.21 	identified by the commissioner must update recovery community organization applicants 
144.22 	for certification or accreditation on the status of the application within 45 days of receipt. 
144.23 	If the approved statewide recovery organization denies an application, it must provide a 
144.24 	written explanation for the denial to the recovery community organization. Eligible vendors 
144.25 	under this paragraph must:
144.26 	(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be 
144.27 	free from conflicting self-interests, and be autonomous in decision-making, program 
144.28 	development, peer recovery support services provided, and advocacy efforts for the purpose 
144.29 	of supporting the recovery community organization's mission;
144.30 	(2) be led and governed by individuals in the recovery community, with more than 50 
144.31 	percent of the board of directors or advisory board members self-identifying as people in 
144.32 	personal recovery from substance use disorders;
144.33 	(3) have a mission statement and conduct corresponding activities indicating that the 
144.34 	organization's primary purpose is to support recovery from substance use disorder;
145.1 	(4) demonstrate ongoing community engagement with the identified primary region and 
145.2 	population served by the organization, including individuals in recovery and their families, 
145.3 	friends, and recovery allies;
145.4 	(5) be accountable to the recovery community through documented priority-setting and 
145.5 	participatory decision-making processes that promote the engagement of, and consultation 
145.6 	with, people in recovery and their families, friends, and recovery allies;
145.7 	(6) provide nonclinical peer recovery support services, including but not limited to 
145.8 	recovery support groups, recovery coaching, telephone recovery support, skill-building, 
145.9 	and harm-reduction activities, and provide recovery public education and advocacy;
145.10 	(7) have written policies that allow for and support opportunities for all paths toward 
145.11 	recovery and refrain from excluding anyone based on their chosen recovery path, which 
145.12 	may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based 
145.13 	paths;
145.14 	(8) maintain organizational practices to meet the needs of Black, Indigenous, and people 
145.15 	of color communities, LGBTQ+ communities, and other underrepresented or marginalized 
145.16 	communities. Organizational practices may include board and staff training, service offerings, 
145.17 	advocacy efforts, and culturally informed outreach and services;
145.18 	(9) use recovery-friendly language in all media and written materials that is supportive 
145.19 	of and promotes recovery across diverse geographical and cultural contexts and reduces 
145.20 	stigma;
145.21 	(10) establish and maintain a publicly available recovery community organization code 
145.22 	of ethics and grievance policy and procedures;
145.23 	(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an 
145.24 	independent contractor;
145.25 	(12) not classify or treat any recovery peer as an independent contractor on or after 
145.26 	January 1, 2025;
145.27 	(13) provide an orientation for recovery peers that includes an overview of the consumer 
145.28 	advocacy services provided by the Ombudsman for Mental Health and Developmental 
145.29 	Disabilities and other relevant advocacy services; and
145.30 	(14) provide notice to peer recovery support services participants that includes the 
145.31 	following statement: "If you have a complaint about the provider or the person providing 
145.32 	your peer recovery support services, you may contact the Minnesota Alliance of Recovery 
146.1 	Community Organizations. You may also contact the Office of Ombudsman for Mental 
146.2 	Health and Developmental Disabilities." The statement must also include:
146.3 	(i) the telephone number, website address, email address, and mailing address of the 
146.4 	Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman 
146.5 	for Mental Health and Developmental Disabilities;
146.6 	(ii) the recovery community organization's name, address, email, telephone number, and 
146.7 	name or title of the person at the recovery community organization to whom problems or 
146.8 	complaints may be directed; and
146.9 	(iii) a statement that the recovery community organization will not retaliate against a 
146.10 	peer recovery support services participant because of a complaint.
146.11 	(e) A recovery community organization approved by the commissioner before June 30, 
146.12 	2023, must have begun the application process as required by an approved certifying or 
146.13 	accrediting entity and have begun the process to meet the requirements under paragraph (d) 
146.14 	by September 1, 2024, in order to be considered as an eligible vendor of peer recovery 
146.15 	support services.
146.16 	(f) A recovery community organization that is aggrieved by an accreditation, certification, 
146.17 	or membership determination and believes it meets the requirements under paragraph (d) 
146.18 	may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause 
146.19 	(14), for reconsideration as an eligible vendor. If the human services judge determines that 
146.20 	the recovery community organization meets the requirements under paragraph (d), the 
146.21 	recovery community organization is an eligible vendor of peer recovery support services.
146.22 	(g) All recovery community organizations must be certified or accredited by an entity 
146.23 	listed in paragraph (d) by June 30, 2025.
146.24 	(h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to 
146.25 	9530.6590, are not eligible vendors. Programs that are not licensed as a residential or 
146.26 	nonresidential substance use disorder treatment or withdrawal management program by the 
146.27 	commissioner or by tribal government or do not meet the requirements of subdivisions 1a 
146.28 	and 1b are not eligible vendors.
146.29 	(i) Hospitals, federally qualified health centers, and rural health clinics are eligible 
146.30 	vendors of a comprehensive assessment when the comprehensive assessment is completed 
146.31 	according to section 254A.19, subdivision 3, and by an individual who meets the criteria 
146.32 	of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol 
147.1 	and drug counselor must be individually enrolled with the commissioner and reported on 
147.2 	the claim as the individual who provided the service.
147.3 	(j) Any complaints about a recovery community organization or peer recovery support 
147.4 	services may be made to and reviewed or investigated by the ombudsperson for behavioral 
147.5 	health and developmental disabilities under sections 245.91 and 245.94.

147.6 	Sec. 30. Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read:
147.7 		Subd. 5.Rate requirements. (a) Subject to the requirements of subdivision 6, the 
147.8 	commissioner shall establish rates for the following substance use disorder treatment services 
147.9 	and service enhancements funded under this chapter.:
147.10 	(b) Eligible substance use disorder treatment services include:
147.11 	(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license 
147.12 	and provided according to the following ASAM levels of care:
147.13 	(i) ASAM level 0.5 early intervention services provided according to section 254B.19, 
147.14 	subdivision 1, clause (1);
147.15 	(ii) ASAM level 1.0 outpatient services provided according to section 254B.19, 
147.16 	subdivision 1, clause (2);
147.17 	(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19, 
147.18 	subdivision 1, clause (3);
147.19 	(iv) ASAM level 2.5 partial hospitalization services provided according to section 
147.20 	254B.19, subdivision 1, clause (4);
147.21 	(v) ASAM level 3.1 clinically managed low-intensity residential services provided 
147.22 	according to section 254B.19, subdivision 1, clause (5). The commissioner shall use the 
147.23 	base payment rate of $79.84 per day for services provided under this item;
147.24 	(vi) ASAM level 3.1 clinically managed low-intensity residential services provided 
147.25 	according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled 
147.26 	treatment services each week. The commissioner shall use the base payment rate of $166.13 
147.27 	per day for services provided under this item;
147.28 	(vii) ASAM level 3.3 clinically managed population-specific high-intensity residential 
147.29 	services provided according to section 254B.19, subdivision 1, clause (6). The commissioner 
147.30 	shall use the specified base payment rate of $224.06 per day for services provided under 
147.31 	this item; and
148.1 	(viii) ASAM level 3.5 clinically managed high-intensity residential services provided 
148.2 	according to section 254B.19, subdivision 1, clause (7). The commissioner shall use the 
148.3 	specified base payment rate of $224.06 per day for services provided under this item;
148.4 	(2) comprehensive assessments provided according to section 254A.19, subdivision 3;
148.5 	(3) treatment coordination services provided according to section 245G.07, subdivision 
148.6 	1, paragraph (a), clause (5);
148.7 	(4) peer recovery support services provided according to section 245G.07, subdivision 
148.8 	2, clause (8);
148.9 	(5) withdrawal management services provided according to chapter 245F;
148.10 	(6) hospital-based treatment services that are licensed according to sections 245G.01 to 
148.11 	245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to 
148.12 	144.56;
148.13 	(7) substance use disorder treatment services with medications for opioid use disorder 
148.14 	provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17 
148.15 	and 245G.22, or under an applicable Tribal license;
148.16 	(8) medium-intensity residential treatment services that provide 15 hours of skilled 
148.17 	treatment services each week and are licensed according to sections 245G.01 to 245G.17 
148.18 	and 245G.21 or applicable Tribal license;
148.19 	(9) adolescent treatment programs that are licensed as outpatient treatment programs 
148.20 	according to sections 245G.01 to 245G.18 or as residential treatment programs according 
148.21 	to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or 
148.22 	applicable Tribal license;
148.23 	(10) ASAM 3.5 clinically managed high-intensity residential services that are licensed 
148.24 	according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which 
148.25 	provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7), 
148.26 	and are provided by a state-operated vendor or to clients who have been civilly committed 
148.27 	to the commissioner, present the most complex and difficult care needs, and are a potential 
148.28 	threat to the community; and
148.29 	(11) room and board facilities that meet the requirements of subdivision 1a.
148.30 	(c) (b) The commissioner shall establish higher rates for programs that meet the 
148.31 	requirements of paragraph (b) (a) and one of the following additional requirements: the 
148.32 	requirements of one clause in this paragraph.
149.1 	(1) Programs that serve parents with their children are eligible for an enhanced payment 
149.2 	rate if the program:
149.3 	(i) provides on-site child care during the hours of treatment activity that:
149.4 	(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 
149.5 	9503; or
149.6 	(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or
149.7 	(ii) arranges for off-site child care during hours of treatment activity at a facility that is 
149.8 	licensed under chapter 245A as:
149.9 	(A) a child care center under Minnesota Rules, chapter 9503; or
149.10 	(B) a family child care home under Minnesota Rules, chapter 9502;.
149.11 	In order to be eligible for a higher rate under this clause, a program that provides 
149.12 	arrangements for off-site child care must maintain current documentation at the substance 
149.13 	use disorder facility of the child care provider's current licensure to provide child care 
149.14 	services.
149.15 	(2) Culturally specific or culturally responsive programs as defined in section 254B.01, 
149.16 	subdivision 4a; are eligible for an enhanced payment rate.
149.17 	(3) Disability responsive programs as defined in section 254B.01, subdivision 4b; are 
149.18 	eligible for an enhanced payment rate.
149.19 	(4) Programs that offer medical services delivered by appropriately credentialed health 
149.20 	care staff in an amount equal to one hour per client per week are eligible for an enhanced 
149.21 	payment rate if the medical needs of the client and the nature and provision of any medical 
149.22 	services provided are documented in the client file; or.
149.23 	(5) Programs that offer services to individuals with co-occurring mental health and 
149.24 	substance use disorder problems are eligible for an enhanced payment rate if:
149.25 	(i) the program meets the co-occurring requirements in section 245G.20;
149.26 	(ii) the program employs a mental health professional as defined in section 245I.04, 
149.27 	subdivision 2;
149.28 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
149.29 	health diagnostic assessment within ten days of admission;
150.1 	(iv) the program has standards for multidisciplinary case review that include a monthly 
150.2 	review for each client that, at a minimum, includes a licensed mental health professional 
150.3 	and licensed alcohol and drug counselor, and their involvement in the review is documented;
150.4 	(v) family education is offered that addresses mental health and substance use disorder 
150.5 	and the interaction between the two; and
150.6 	(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder 
150.7 	training annually.
150.8 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
150.9 	that provides arrangements for off-site child care must maintain current documentation at 
150.10 	the substance use disorder facility of the child care provider's current licensure to provide 
150.11 	child care services.
150.12 	(e) Adolescent residential programs that meet the requirements of Minnesota Rules, parts 
150.13 	2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements 
150.14 	in paragraph (c), clause (5), items (i) to (iv).
150.15 	(f) (c) Substance use disorder services that are otherwise covered as direct face-to-face 
150.16 	services may be provided via telehealth as defined in section 256B.0625, subdivision 3b. 
150.17 	The use of telehealth to deliver services must be medically appropriate to the condition and 
150.18 	needs of the person being served. Reimbursement shall be at the same rates and under the 
150.19 	same conditions that would otherwise apply to direct face-to-face services.
150.20 	(g) (d) For the purpose of reimbursement under this section, substance use disorder 
150.21 	treatment services provided in a group setting without a group participant maximum or 
150.22 	maximum client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 
150.23 	48 to one. At least one of the attending staff must meet the qualifications as established 
150.24 	under this chapter for the type of treatment service provided. A recovery peer may not be 
150.25 	included as part of the staff ratio.
150.26 	(h) (e) Payment for outpatient substance use disorder services that are licensed according 
150.27 	to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless 
150.28 	prior authorization of a greater number of hours is obtained from the commissioner.
150.29 	(i) (f) Payment for substance use disorder services under this section must start from the 
150.30 	day of service initiation, when the comprehensive assessment is completed within the 
150.31 	required timelines.
150.32 	(j) (g) A license holder that is unable to provide all residential treatment services because 
150.33 	a client missed services remains eligible to bill for the client's intensity level of services 
151.1 	under this paragraph if the license holder can document the reason the client missed services 
151.2 	and the interventions done to address the client's absence.
151.3 	(k) (h) Hours in a treatment week may be reduced in observance of federally recognized 
151.4 	holidays.
151.5 	(l) (i) Eligible vendors of peer recovery support services must:
151.6 	(1) submit to a review by the commissioner of up to ten percent of all medical assistance 
151.7 	and behavioral health fund claims to determine the medical necessity of peer recovery 
151.8 	support services for entities billing for peer recovery support services individually and not 
151.9 	receiving a daily rate; and
151.10 	(2) limit an individual client to 14 hours per week for peer recovery support services 
151.11 	from an individual provider of peer recovery support services.
151.12 	(m) (j) Peer recovery support services not provided in accordance with section 254B.052 
151.13 	are subject to monetary recovery under section 256B.064 as money improperly paid.

151.14 	Sec. 31. Minnesota Statutes 2024, section 254B.05, is amended by adding a subdivision 
151.15 	to read:
151.16 		Subd. 6.Rate adjustments. (a) Effective for services rendered on or after January 1, 
151.17 	2026, the commissioner must implement the following base payment rates for substance 
151.18 	use disorder treatment services under subdivision 5, paragraph (a):
151.19 	(1) for low-intensity residential, 100 percent of the modeled rate included in the final 
151.20 	report required by Laws 2021, First Special Session chapter 7, article 17, section 18;
151.21 	(2) for high-intensity residential services, the rates in effect on December 31, 2025; and
151.22 	(3) for all other services not included in clause (1) or (2), 55 percent of the modeled rate 
151.23 	included in the final report required by Laws 2021, First Special Session chapter 7, article 
151.24 	17, section 18.
151.25 	(b) Effective January 1, 2028, and annually thereafter, the commissioner of human 
151.26 	services must adjust the payment rates under paragraph (a) according to the change from 
151.27 	the midpoint of the previous rate year to the midpoint of the rate year for which the rate is 
151.28 	being determined using the Centers for Medicare and Medicaid Services Medicare Economic 
151.29 	Index as forecasted in the fourth quarter of the calendar year before the rate year.

152.1 	Sec. 32. Minnesota Statutes 2024, section 254B.06, is amended by adding a subdivision 
152.2 	to read:
152.3 		Subd. 5.Prohibition of duplicative claim submission. (a) For time-based claims, 
152.4 	submissions must follow the guidelines in the Centers for Medicare and Medicaid Services' 
152.5 	Healthcare Common Procedure Coding System and the American Medical Association's 
152.6 	Current Procedural Terminology to determine the appropriate units of time to report.
152.7 	(b) More than half the duration of a time-based code must be spent performing the service 
152.8 	to be eligible under this section. Any provision of service during the remaining balance of 
152.9 	the unit of time is not eligible for any other claims submission and would be considered a 
152.10 	duplicative claim submission.
152.11 	(c) A provider may only round up to the next whole number of service units on a 
152.12 	submitted claim when more than one and one-half times the defined value of the code has 
152.13 	occurred and no additional time increment code exists.

152.14 	EFFECTIVE DATE. This section is effective July 1, 2025.

152.15 	Sec. 33. Minnesota Statutes 2024, section 254B.09, subdivision 2, is amended to read:
152.16 		Subd. 2.American Indian agreements. The commissioner may enter into agreements 
152.17 	with federally recognized Tribal units to pay for substance use disorder treatment services 
152.18 	provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how 
152.19 	the governing body of the Tribal unit fulfills local agency the Tribal unit's responsibilities 
152.20 	regarding the form and manner of invoicing.

152.21 	EFFECTIVE DATE. This section is effective July 1, 2025.

152.22 	Sec. 34. Minnesota Statutes 2024, section 254B.19, subdivision 1, is amended to read:
152.23 		Subdivision 1.Level of care requirements. (a) For each client assigned an ASAM level 
152.24 	of care, eligible vendors must implement the standards set by the ASAM for the respective 
152.25 	level of care. Additionally, vendors must meet the following requirements:
152.26 	(1) For ASAM level 0.5 early intervention targeting individuals who are at risk of 
152.27 	developing a substance-related problem but may not have a diagnosed substance use disorder, 
152.28 	early intervention services may include individual or group counseling, treatment 
152.29 	coordination, peer recovery support, screening brief intervention, and referral to treatment 
152.30 	provided according to section 254A.03, subdivision 3, paragraph (c).
153.1 	(2) For ASAM level 1.0 outpatient clients, adults must receive up to eight hours per 
153.2 	week of skilled psychosocial treatment services and adolescents must receive up to five 
153.3 	hours per week. Services must be licensed according to section 245G.20 and meet 
153.4 	requirements under section 256B.0759. Peer recovery Ancillary services and treatment 
153.5 	coordination may be provided beyond the hourly skilled psychosocial treatment service 
153.6 	hours allowable per week.
153.7 	(3) For ASAM level 2.1 intensive outpatient clients, adults must receive nine to 19 hours 
153.8 	per week of skilled psychosocial treatment services and adolescents must receive six or 
153.9 	more hours per week. Vendors must be licensed according to section 245G.20 and must 
153.10 	meet requirements under section 256B.0759. Peer recovery Ancillary services and treatment 
153.11 	coordination may be provided beyond the hourly skilled psychosocial treatment service 
153.12 	hours allowable per week. If clinically indicated on the client's treatment plan, this service 
153.13 	may be provided in conjunction with room and board according to section 254B.05, 
153.14 	subdivision 1a.
153.15 	(4) For ASAM level 2.5 partial hospitalization clients, adults must receive 20 hours or 
153.16 	more of skilled psychosocial treatment services. Services must be licensed according to 
153.17 	section 245G.20 and must meet requirements under section 256B.0759. Level 2.5 is for 
153.18 	clients who need daily monitoring in a structured setting, as directed by the individual 
153.19 	treatment plan and in accordance with the limitations in section 254B.05, subdivision 5, 
153.20 	paragraph (h). If clinically indicated on the client's treatment plan, this service may be 
153.21 	provided in conjunction with room and board according to section 254B.05, subdivision 
153.22 	1a.
153.23 	(5) For ASAM level 3.1 clinically managed low-intensity residential clients, programs 
153.24 	must provide at least 5 hours of skilled psychosocial treatment services per week according 
153.25 	to each client's specific treatment schedule, as directed by the individual treatment plan. 
153.26 	Programs must be licensed according to section 245G.20 and must meet requirements under 
153.27 	section 256B.0759.
153.28 	(6) For ASAM level 3.3 clinically managed population-specific high-intensity residential 
153.29 	clients, programs must be licensed according to section 245G.20 and must meet requirements 
153.30 	under section 256B.0759. Programs must have 24-hour staffing coverage. Programs must 
153.31 	be enrolled as a disability responsive program as described in section 254B.01, subdivision 
153.32 	4b, and must specialize in serving persons with a traumatic brain injury or a cognitive 
153.33 	impairment so significant, and the resulting level of impairment so great, that outpatient or 
153.34 	other levels of residential care would not be feasible or effective. Programs must provide, 
154.1 	at a minimum, daily skilled psychosocial treatment services seven days a week according 
154.2 	to each client's specific treatment schedule, as directed by the individual treatment plan.
154.3 	(7) For ASAM level 3.5 clinically managed high-intensity residential clients, services 
154.4 	must be licensed according to section 245G.20 and must meet requirements under section 
154.5 	256B.0759. Programs must have 24-hour staffing coverage and provide, at a minimum, 
154.6 	daily skilled psychosocial treatment services seven days a week according to each client's 
154.7 	specific treatment schedule, as directed by the individual treatment plan.
154.8 	(8) For ASAM level withdrawal management 3.2 clinically managed clients, withdrawal 
154.9 	management must be provided according to chapter 245F.
154.10 	(9) For ASAM level withdrawal management 3.7 medically monitored clients, withdrawal 
154.11 	management must be provided according to chapter 245F.
154.12 	(b) Notwithstanding the minimum daily skilled psychosocial treatment service 
154.13 	requirements under paragraph (a), clauses (6) and (7), ASAM level 3.3 and 3.5 vendors 
154.14 	must provide each client at least 30 hours of treatment services per week for the period 
154.15 	between January 1, 2024, through June 30, 2024.

154.16 	Sec. 35. Minnesota Statutes 2024, section 256.043, subdivision 3, is amended to read:
154.17 		Subd. 3.Appropriations from registration and license fee account. (a) The 
154.18 	appropriations in paragraphs (b) to (n) shall be made from the registration and license fee 
154.19 	account on a fiscal year basis in the order specified.
154.20 	(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs 
154.21 	(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be 
154.22 	made accordingly.
154.23 	(c) $100,000 is appropriated to the commissioner of human services for grants for opiate 
154.24 	antagonist distribution. Grantees may utilize funds for opioid overdose prevention, 
154.25 	community asset mapping, education, and opiate antagonist distribution.
154.26 	(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal 
154.27 	nations and five urban Indian communities for traditional healing practices for American 
154.28 	Indians and to increase the capacity of culturally specific providers in the behavioral health 
154.29 	workforce.
154.30 	(e) $400,000 is appropriated to the commissioner of human services for competitive 
154.31 	grants for opioid-focused Project ECHO programs.
155.1 	(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the 
155.2 	commissioner of human services to administer the funding distribution and reporting 
155.3 	requirements in paragraph (o).
155.4 	(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated 
155.5 	to the commissioner of human services for safe recovery sites start-up and capacity building 
155.6 	grants under section 254B.18. This paragraph expires June 30, 2025.
155.7 	(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to 
155.8 	the commissioner of human services for the opioid overdose surge alert system under section 
155.9 	245.891.
155.10 	(i) $300,000 is appropriated to the commissioner of management and budget for 
155.11 	evaluation activities under section 256.042, subdivision 1, paragraph (c).
155.12 	(j) $261,000 is appropriated to the commissioner of human services for the provision of 
155.13 	administrative services to the Opiate Epidemic Response Advisory Council and for the 
155.14 	administration of the grants awarded under paragraph (n).
155.15 	(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration 
155.16 	fees under section 151.066.
155.17 	(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of 
155.18 	Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies 
155.19 	and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
155.20 	(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining 
155.21 	amount is appropriated to the commissioner of children, youth, and families for distribution 
155.22 	to county social service agencies and Tribal social service agency initiative projects 
155.23 	authorized under section 256.01, subdivision 14b, to provide prevention and child protection 
155.24 	services to children and families who are affected by addiction. The commissioner shall 
155.25 	distribute this money proportionally to county social service agencies and Tribal social 
155.26 	service agency initiative projects through a formula based on intake data from the previous 
155.27 	three calendar years related to substance use and out-of-home placement episodes where 
155.28 	parental drug abuse is a reason for the out-of-home placement. County social service agencies 
155.29 	and Tribal social service agency initiative projects receiving funds from the opiate epidemic 
155.30 	response fund must annually report to the commissioner on how the funds were used to 
155.31 	provide prevention and child protection services, including measurable outcomes, as 
155.32 	determined by the commissioner. County social service agencies and Tribal social service 
155.33 	agency initiative projects must not use funds received under this paragraph to supplant 
156.1 	current state or local funding received for child protection services for children and families 
156.2 	who are affected by addiction.
156.3 	(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in 
156.4 	the account is appropriated to the commissioner of human services to award grants as 
156.5 	specified by the Opiate Epidemic Response Advisory Council in accordance with section 
156.6 	256.042, unless otherwise appropriated by the legislature.
156.7 	(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service 
156.8 	agencies and Tribal social service agency initiative projects under paragraph (m) and grant 
156.9 	funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n) 
156.10 	may be distributed on a calendar year basis.
156.11 	(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs 
156.12 	(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

156.13 	Sec. 36. Minnesota Statutes 2024, section 256.043, is amended by adding a subdivision 
156.14 	to read:
156.15 		Subd. 5.Transfers from registration and license fee account. The commissioner of 
156.16 	management and budget shall transfer $1,000,000 in fiscal year 2026 and $1,000,000 each 
156.17 	year thereafter from the registration and license fee account under subdivision 3 to the 
156.18 	general fund.

156.19 	Sec. 37. Minnesota Statutes 2024, section 256B.0625, subdivision 5m, is amended to read:
156.20 		Subd. 5m.Certified community behavioral health clinic services. (a) Medical 
156.21 	assistance covers services provided by a not-for-profit certified community behavioral health 
156.22 	clinic (CCBHC) that meets the requirements of section 245.735, subdivision 3.
156.23 	(b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an 
156.24 	eligible service is delivered using the CCBHC daily bundled rate system for medical 
156.25 	assistance payments as described in paragraph (c). The commissioner shall include a quality 
156.26 	incentive payment in the CCBHC daily bundled rate system as described in paragraph (e). 
156.27 	There is no county share for medical assistance services when reimbursed through the 
156.28 	CCBHC daily bundled rate system.
156.29 	(c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC 
156.30 	payments under medical assistance meets the following requirements:
156.31 	(1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each 
156.32 	CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable 
157.1 	CCBHC costs divided by the total annual number of CCBHC visits. For calculating the 
157.2 	payment rate, total annual visits include visits covered by medical assistance and visits not 
157.3 	covered by medical assistance. Allowable costs include but are not limited to the salaries 
157.4 	and benefits of medical assistance providers; the cost of CCBHC services provided under 
157.5 	section 245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs such as 
157.6 	insurance or supplies needed to provide CCBHC services;
157.7 	(2) payment shall be limited to one payment per day per medical assistance enrollee 
157.8 	when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement 
157.9 	if at least one of the CCBHC services listed under section 245.735, subdivision 3, paragraph 
157.10 	(a), clause (6), is furnished to a medical assistance enrollee by a health care practitioner or 
157.11 	licensed agency employed by or under contract with a CCBHC;
157.12 	(3) initial CCBHC daily bundled rates for newly certified CCBHCs under section 245.735, 
157.13 	subdivision 3, shall be established by the commissioner using a provider-specific rate based 
157.14 	on the newly certified CCBHC's audited historical cost report data adjusted for the expected 
157.15 	cost of delivering CCBHC services. Estimates are subject to review by the commissioner 
157.16 	and must include the expected cost of providing the full scope of CCBHC services and the 
157.17 	expected number of visits for the rate period;
157.18 	(4) the commissioner shall rebase CCBHC rates once every two years following the last 
157.19 	rebasing and no less than 12 months following an initial rate or a rate change due to a change 
157.20 	in the scope of services. For CCBHCs certified after September 31, 2020, and before January 
157.21 	1, 2021, the commissioner shall rebase rates according to this clause for services provided 
157.22 	on or after January 1, 2024;
157.23 	(5) the commissioner shall provide for a 60-day appeals process after notice of the results 
157.24 	of the rebasing;
157.25 	(6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal 
157.26 	Medicaid rate is not eligible for the CCBHC rate methodology;
157.27 	(7) payments for CCBHC services to individuals enrolled in managed care shall be 
157.28 	coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall 
157.29 	complete the phase-out of CCBHC wrap payments within 60 days of the implementation 
157.30 	of the CCBHC daily bundled rate system in the Medicaid Management Information System 
157.31 	(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments 
157.32 	due made payable to CCBHCs no later than 18 months thereafter;
157.33 	(8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each 
157.34 	provider-specific rate by the Medicare Economic Index for primary care services. This 
158.1 	update shall occur each year in between rebasing periods determined by the commissioner 
158.2 	in accordance with clause (4). CCBHCs must provide data on costs and visits to the state 
158.3 	annually using the CCBHC cost report established by the commissioner; and
158.4 	(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of 
158.5 	services when such changes are expected to result in an adjustment to the CCBHC payment 
158.6 	rate by 2.5 percent or more. The CCBHC must provide the commissioner with information 
158.7 	regarding the changes in the scope of services, including the estimated cost of providing 
158.8 	the new or modified services and any projected increase or decrease in the number of visits 
158.9 	resulting from the change. Estimated costs are subject to review by the commissioner. Rate 
158.10 	adjustments for changes in scope shall occur no more than once per year in between rebasing 
158.11 	periods per CCBHC and are effective on the date of the annual CCBHC rate update.
158.12 	(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC 
158.13 	providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of 
158.14 	this requirement on the rate of access to the services delivered by CCBHC providers. If, for 
158.15 	any contract year, federal approval is not received for this paragraph, the commissioner 
158.16 	must adjust the capitation rates paid to managed care plans and county-based purchasing 
158.17 	plans for that contract year to reflect the removal of this provision. Contracts between 
158.18 	managed care plans and county-based purchasing plans and providers to whom this paragraph 
158.19 	applies must allow recovery of payments from those providers if capitation rates are adjusted 
158.20 	in accordance with this paragraph. Payment recoveries must not exceed the amount equal 
158.21 	to any increase in rates that results from this provision. This paragraph expires if federal 
158.22 	approval is not received for this paragraph at any time.
158.23 	(e) The commissioner shall implement a quality incentive payment program for CCBHCs 
158.24 	that meets the following requirements:
158.25 	(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric 
158.26 	thresholds for performance metrics established by the commissioner, in addition to payments 
158.27 	for which the CCBHC is eligible under the CCBHC daily bundled rate system described in 
158.28 	paragraph (c);
158.29 	(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement 
158.30 	year to be eligible for incentive payments;
158.31 	(3) each CCBHC shall receive written notice of the criteria that must be met in order to 
158.32 	receive quality incentive payments at least 90 days prior to the measurement year; and
158.33 	(4) a CCBHC must provide the commissioner with data needed to determine incentive 
158.34 	payment eligibility within six months following the measurement year. The commissioner 
159.1 	shall notify CCBHC providers of their performance on the required measures and the 
159.2 	incentive payment amount within 12 months following the measurement year.
159.3 	(f) All claims to managed care plans for CCBHC services as provided under this section 
159.4 	shall be submitted directly to, and paid by, the commissioner on the dates specified no later 
159.5 	than January 1 of the following calendar year, if:
159.6 	(1) one or more managed care plans does not comply with the federal requirement for 
159.7 	payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42, 
159.8 	section 447.45(b), and the managed care plan does not resolve the payment issue within 30 
159.9 	days of noncompliance; and
159.10 	(2) the total amount of clean claims not paid in accordance with federal requirements 
159.11 	by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims 
159.12 	eligible for payment by managed care plans.
159.13 	If the conditions in this paragraph are met between January 1 and June 30 of a calendar 
159.14 	year, claims shall be submitted to and paid by the commissioner beginning on January 1 of 
159.15 	the following year. If the conditions in this paragraph are met between July 1 and December 
159.16 	31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning 
159.17 	on July 1 of the following year.
159.18 	(g) Peer services provided by a CCBHC certified under section 245.735 are a covered 
159.19 	service under medical assistance when a licensed mental health professional or alcohol and 
159.20 	drug counselor determines that peer services are medically necessary. Eligibility under this 
159.21 	subdivision for peer services provided by a CCBHC supersede eligibility standards under 
159.22 	sections 256B.0615, 256B.0616, and 245G.07, subdivision 2 2a, paragraph (b), clause (8)
159.23 	(2).

159.24 	Sec. 38. Minnesota Statutes 2024, section 256B.0757, subdivision 4c, is amended to read:
159.25 		Subd. 4c.Behavioral health home services staff qualifications. (a) A behavioral health 
159.26 	home services provider must maintain staff with required professional qualifications 
159.27 	appropriate to the setting.
159.28 	(b) If behavioral health home services are offered in a mental health setting, the 
159.29 	integration specialist must be a licensed nurse, as defined in section 148.171, subdivision 
159.30 	9.
159.31 	(c) If behavioral health home services are offered in a primary care setting, the integration 
159.32 	specialist must be a mental health professional who is qualified according to section 245I.04, 
159.33 	subdivision 2.
160.1 	(d) If behavioral health home services are offered in either a primary care setting or 
160.2 	mental health setting, the systems navigator must be a mental health practitioner who is 
160.3 	qualified according to section 245I.04, subdivision 4, or a community health worker as 
160.4 	defined in section 256B.0625, subdivision 49.
160.5 	(e) If behavioral health home services are offered in either a primary care setting or 
160.6 	mental health setting, the qualified health home specialist must be one of the following:
160.7 	(1) a mental health certified peer specialist who is qualified according to section 245I.04, 
160.8 	subdivision 10;
160.9 	(2) a mental health certified family peer specialist who is qualified according to section 
160.10 	245I.04, subdivision 12;
160.11 	(3) a case management associate as defined in section 245.462, subdivision 4, paragraph 
160.12 	(g), or 245.4871, subdivision 4, paragraph (j);
160.13 	(4) a mental health rehabilitation worker who is qualified according to section 245I.04, 
160.14 	subdivision 14;
160.15 	(5) a community paramedic as defined in section 144E.28, subdivision 9;
160.16 	(6) a peer recovery specialist as defined in section 245G.07, subdivision 1, clause (5)
160.17 	245G.11, subdivision 8; or
160.18 	(7) a community health worker as defined in section 256B.0625, subdivision 49.

160.19 	Sec. 39. Minnesota Statutes 2024, section 256B.0761, subdivision 4, is amended to read:
160.20 		Subd. 4.Services and duration. (a) Services must be provided 90 days prior to an 
160.21 	individual's release date or, if an individual's confinement is less than 90 days, during the 
160.22 	time period between a medical assistance eligibility determination and the release to the 
160.23 	community.
160.24 	(b) Facilities must offer the following services using either community-based or 
160.25 	corrections-based providers:
160.26 	(1) case management activities to address physical and behavioral health needs, including 
160.27 	a comprehensive assessment of individual needs, development of a person-centered care 
160.28 	plan, referrals and other activities to address assessed needs, and monitoring and follow-up 
160.29 	activities;
160.30 	(2) drug coverage in accordance with section 256B.0625, subdivision 13, including up 
160.31 	to a 30-day supply of drugs upon release;
161.1 	(3) substance use disorder comprehensive assessments according to section 254B.05, 
161.2 	subdivision 5, paragraph (b), clause (2);
161.3 	(4) treatment coordination services according to section 254B.05, subdivision 5, paragraph 
161.4 	(b), clause (3);
161.5 	(5) peer recovery support services according to sections 245I.04, subdivisions 18 and 
161.6 	19, and 254B.05, subdivision 5, paragraph (b), clause (4);
161.7 	(6) substance use disorder individual and group counseling provided according to sections 
161.8 	245G.07, subdivision 1, paragraph (a), clause (1), and 254B.05;
161.9 	(7) mental health diagnostic assessments as required under section 245I.10;
161.10 	(8) group and individual psychotherapy as required under section 256B.0671;
161.11 	(9) peer specialist services as required under sections 245I.04 and 256B.0615;
161.12 	(10) family planning and obstetrics and gynecology services; and
161.13 	(11) physical health well-being and screenings and care for adults and youth; and
161.14 	(12) medications and nonmedication treatment services for opioid use disorder under 
161.15 	section 245G.22.
161.16 	(c) Services outlined in this subdivision must only be authorized when an individual 
161.17 	demonstrates medical necessity or other eligibility as required under this chapter or applicable 
161.18 	state and federal laws.

161.19 	Sec. 40. Minnesota Statutes 2024, section 256B.761, is amended to read:
161.20 	256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.
161.21 	(a) Effective for services rendered on or after July 1, 2001, payment for medication 
161.22 	management provided to psychiatric patients, outpatient mental health services, day treatment 
161.23 	services, home-based mental health services, and family community support services shall 
161.24 	be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of 
161.25 	1999 charges.
161.26 	(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health 
161.27 	services provided by an entity that operates: (1) a Medicare-certified comprehensive 
161.28 	outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, 
161.29 	with at least 33 percent of the clients receiving rehabilitation services in the most recent 
161.30 	calendar year who are medical assistance recipients, will be increased by 38 percent, when 
162.1 	those services are provided within the comprehensive outpatient rehabilitation facility and 
162.2 	provided to residents of nursing facilities owned by the entity.
162.3 	(c) In addition to rate increases otherwise provided, the commissioner may restructure 
162.4 	coverage policy and rates to improve access to adult rehabilitative mental health services 
162.5 	under section 256B.0623 and related mental health support services under section 256B.021, 
162.6 	subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the projected 
162.7 	state share of increased costs due to this paragraph is transferred from adult mental health 
162.8 	grants under sections 245.4661 and 256K.10. The transfer for fiscal year 2016 is a permanent 
162.9 	base adjustment for subsequent fiscal years. Payments made to managed care plans and 
162.10 	county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect 
162.11 	the rate changes described in this paragraph.
162.12 	(d) Any ratables effective before July 1, 2015, do not apply to early intensive 
162.13 	developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.
162.14 	(e) Effective for services rendered on or after January 1, 2024, payment rates for 
162.15 	behavioral health services included in the rate analysis required by Laws 2021, First Special 
162.16 	Session chapter 7, article 17, section 18, except for adult day treatment services under section 
162.17 	256B.0671, subdivision 3; early intensive developmental and behavioral intervention services 
162.18 	under section 256B.0949; and substance use disorder services under chapter 254B, must be 
162.19 	increased by three percent from the rates in effect on December 31, 2023. Effective for 
162.20 	services rendered on or after January 1, 2025, payment rates for behavioral health services 
162.21 	included in the rate analysis required by Laws 2021, First Special Session chapter 7, article 
162.22 	17, section 18;, and early intensive developmental behavioral intervention services under 
162.23 	section 256B.0949; and substance use disorder services under chapter 254B, must be annually 
162.24 	adjusted according to the change from the midpoint of the previous rate year to the midpoint 
162.25 	of the rate year for which the rate is being determined using the Centers for Medicare and 
162.26 	Medicaid Services Medicare Economic Index as forecasted in the fourth quarter of the 
162.27 	calendar year before the rate year. For payments made in accordance with this paragraph, 
162.28 	if and to the extent that the commissioner identifies that the state has received federal 
162.29 	financial participation for behavioral health services in excess of the amount allowed under 
162.30 	United States Code, title 42, section 447.321, the state shall repay the excess amount to the 
162.31 	Centers for Medicare and Medicaid Services with state money and maintain the full payment 
162.32 	rate under this paragraph. This paragraph does not apply to federally qualified health centers, 
162.33 	rural health centers, Indian health services, certified community behavioral health clinics, 
162.34 	cost-based rates, and rates that are negotiated with the county. This paragraph expires upon 
163.1 	legislative implementation of the new rate methodology resulting from the rate analysis 
163.2 	required by Laws 2021, First Special Session chapter 7, article 17, section 18.
163.3 	(f) Effective January 1, 2024, the commissioner shall increase capitation payments made 
163.4 	to managed care plans and county-based purchasing plans to reflect the behavioral health 
163.5 	service rate increase provided in paragraph (e). Managed care and county-based purchasing 
163.6 	plans must use the capitation rate increase provided under this paragraph to increase payment 
163.7 	rates to behavioral health services providers. The commissioner must monitor the effect of 
163.8 	this rate increase on enrollee access to behavioral health services. If for any contract year 
163.9 	federal approval is not received for this paragraph, the commissioner must adjust the 
163.10 	capitation rates paid to managed care plans and county-based purchasing plans for that 
163.11 	contract year to reflect the removal of this provision. Contracts between managed care plans 
163.12 	and county-based purchasing plans and providers to whom this paragraph applies must 
163.13 	allow recovery of payments from those providers if capitation rates are adjusted in accordance 
163.14 	with this paragraph. Payment recoveries must not exceed the amount equal to any increase 
163.15 	in rates that results from this provision.

163.16 	Sec. 41. DIRECTION TO COMMISSIONER; SUBSTANCE USE DISORDER 
163.17 	TREATMENT STAFF REPORT AND RECOMMENDATIONS.
 163.18 	The commissioner of human services must, in consultation with the Board of Nursing, 
163.19 	Board of Behavioral Health and Therapy, and Board of Medical Practice, conduct a study 
163.20 	and develop recommendations to the legislature for amendments to Minnesota Statutes, 
163.21 	chapter 245G, that would eliminate any limitations on licensed health professionals' ability 
163.22 	to provide substance use disorder treatment services while practicing within their licensed 
163.23 	or statutory scopes of practice. The commissioner must submit a report on the study and 
163.24 	recommendations to the chairs and ranking minority members of the legislative committees 
163.25 	with jurisdiction over human services finance and policy by January 15, 2027.

163.26 	Sec. 42. DIRECTION TO THE COMMISSIONER; SUBSTANCE USE DISORDER 
163.27 	TREATMENT BILLING UNITS.
 163.28 	The commissioner of human services must establish six new billing codes for 
163.29 	nonresidential substance use disorder individual and group counseling, individual and group 
163.30 	psychoeducation, and individual and group recovery support services. The new billing codes 
163.31 	must correspond to a 15-minute unit and become effective for services provided on or after 
163.32 	July 1, 2026.

164.1 	EFFECTIVE DATE. This section is effective July 1, 2026, or upon federal approval, 
164.2 	whichever is later. The commissioner of human services must inform the revisor of statutes 
164.3 	when federal approval is obtained.

164.4 	Sec. 43. REVISOR INSTRUCTION.
 164.5 	The revisor of statutes, in consultation with the House Research Department; the Office 
164.6 	of Senate Counsel, Research and Fiscal Analysis; and the Department of Human Services 
164.7 	shall make necessary cross-reference changes and remove statutory cross-references in 
164.8 	Minnesota Statutes to conform with the renumbering in this act. The revisor may make 
164.9 	technical and other necessary changes to sentence structure to preserve the meaning of the 
164.10 	text. The revisor may alter the coding in this act to incorporate statutory changes made by 
164.11 	other law in the 2025 regular legislative session or a special session. If a provision stricken 
164.12 	in this act is also amended in the 2025 regular legislative session or a special session by 
164.13 	other law, the revisor shall merge the amendment into the numbering, notwithstanding 
164.14 	Minnesota Statutes, section 645.30.

164.15 	Sec. 44. REVISOR INSTRUCTION.
 164.16 	The revisor of statutes shall renumber each provision of Minnesota Statutes listed in 
164.17 	column A as amended in this act to the number listed in column B. The revisor shall also 
164.18 	make necessary cross-reference changes consistent with the renumbering.

164.19	Column A
	Column B
	
164.20	254B.05, subdivision 1, paragraph (a)
	254B.0501, subdivision 1
	
164.21	254B.05, subdivision 1, paragraph (i)
	254B.0501, subdivision 2
	
164.22	254B.05, subdivision 4
	254B.0501, subdivision 3
	
164.23	254B.05, subdivision 1, paragraph (b)
	254B.0501, subdivision 4
	
164.24	254B.05, subdivision 1, paragraph (c)
	254B.0501, subdivision 5
	
164.25	254B.05, subdivision 1, paragraph (d)
	254B.0501, subdivision 6, paragraph (a)
	
164.26	254B.05, subdivision 1, paragraph (e)
	254B.0501, subdivision 6, paragraph (b)
	
164.27	254B.05, subdivision 1, paragraph (f)
	254B.0501, subdivision 6, paragraph (c)
	
164.28	254B.05, subdivision 1, paragraph (g)
	254B.0501, subdivision 6, paragraph (d)
	
164.29	254B.05, subdivision 1, paragraph (h)
	254B.0501, subdivision 7
	
164.30	254B.05, subdivision 1b
	254B.0501, subdivision 8
	
164.31	254B.05, subdivision 2
	254B.0501, subdivision 9
	
164.32	254B.05, subdivision 3
	254B.0501, subdivision 10
	
164.33	254B.05, subdivision 1a, paragraph (a)
	254B.0503, subdivision 1, paragraph (a)
	
164.34	254B.05, subdivision 1a, paragraph (c)
	254B.0503, subdivision 1, paragraph (b)
	
165.1	254B.05, subdivision 1a, paragraph (d)
	254B.0503, subdivision 1, paragraph (c)
	
165.2	254B.05, subdivision 1a, paragraph (e)
	254B.0503, subdivision 1, paragraph (d)
	
165.3	254B.05, subdivision1a, paragraph (b)
	254B.0503, subdivision 2, paragraph (a)
	
165.4	254B.05, subdivision 1a, paragraph (e)
	254B.0503, subdivision 2, paragraph (b)
	
165.5	254B.05, subdivision 5, paragraph (a)
	254B.0505, subdivision 1
	
165.6	254B.05, subdivision 5, paragraph (c)
	254B.0505, subdivision 2
	
165.7	254B.05, subdivision 5, paragraph (d)
	254B.0505, subdivision 3
	
165.8	254B.05, subdivision 5, paragraph (e)
	254B.0505, subdivision 4
	
165.9	254B.05, subdivision 5, paragraph (f)
	254B.0505, subdivision 5
	
165.10	254B.05, subdivision 5, paragraph (g)
	254B.0505, subdivision 6
	
165.11	254B.05, subdivision 5, paragraph (h)
	254B.0505, subdivision 7
	
165.12	254B.05, subdivision 5, paragraph (i)
	254B.0505, subdivision 8
	
165.13
165.14	254B.05, subdivision 5, paragraph (b), first 
sentence
	254B.0507, subdivision 1
	
165.15
165.16	254B.05, subdivision 5, paragraph (b), clause 
(1), items (i) and (ii)
	254B.0507, subdivision 2, paragraph (a)
	
165.17
165.18	254B.05, subdivision 5, paragraph (b), block 
left paragraph
	254B.0507, subdivision 2, paragraph (b)
	
165.19
165.20	254B.05, subdivision 5, paragraph (b), clause 
(2)
	254B.0507, subdivision 3
	
165.21
165.22	254B.05, subdivision 5, paragraph (b), clause 
(3)
	254B.0507, subdivision 4
	
165.23
165.24	254B.05, subdivision 5, paragraph (b), clause 
(4)
	254B.0507, subdivision 5
	
165.25
165.26	254B.05, subdivision 5, paragraph (b), clause 
(5)
	254B.0507, subdivision 6, paragraph (a)
	
165.27
165.28	254B.05, subdivision 5, paragraph (b), clause 
(5), block left paragraph
	254B.0507, subdivision 6, paragraph (b)
	
165.29	254B.05, subdivision 6, paragraph (a)
	254B.0509, subdivision 1
	
165.30	254B.05, subdivision 6, paragraph (b)
	254B.0509, subdivision 2
	
165.31	254B.05, subdivision 1, paragraph (j)
	254B.052, subdivision 4
	
165.32	254B.05, subdivision 5, paragraph (j)
	254B.052, subdivision 5

165.33 	Sec. 45. REVISOR INSTRUCTION.
 165.34 	The revisor of statutes shall change the terms "mental health practitioner" and "mental 
165.35 	health practitioners" to "behavioral health practitioner" or "behavioral health practitioners" 
165.36 	wherever they appear in Minnesota Statutes, chapter 245I.

166.1 	Sec. 46. REPEALER.
 166.2 	Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07, subdivision 2; 
166.3 	and 254B.01, subdivision 5, are repealed.

166.4 	EFFECTIVE DATE. This section is effective July 1, 2025.

166.5 	ARTICLE 4
166.6 	HOUSING SUPPORTS

166.7 	Section 1. Minnesota Statutes 2024, section 256I.05, is amended by adding a subdivision 
166.8 	to read:
166.9 		Subd. 1v.Supplemental rate; Blue Earth County. Notwithstanding the provisions of 
166.10 	subdivisions 1a and 1c, beginning July 1, 2025, a county agency shall negotiate a 
166.11 	supplementary rate in addition to the rate specified in subdivision 1, not to exceed $750 per 
166.12 	month, including any legislatively authorized inflationary adjustments, for a housing support 
166.13 	provider located in Blue Earth County that operates long-term residential facilities with a 
166.14 	total of 20 beds that serve chemically dependent women and provide 24-hour-a-day 
166.15 	supervision and other support services.

166.16 	Sec. 2. Minnesota Statutes 2024, section 256I.05, is amended by adding a subdivision to 
166.17 	read:
166.18 		Subd. 1w.Supplemental rate; Otter Tail County. Notwithstanding the provisions in 
166.19 	this section, beginning July 1, 2025, a county agency shall negotiate a supplemental rate 
166.20 	for up to 24 beds in addition to the rate specified in subdivision 1, not to exceed the maximum 
166.21 	rate allowed under subdivision 1a, including any legislatively authorized inflationary 
166.22 	adjustments, for housing support providers located in Otter Tail County that operate facilities 
166.23 	and provide room and board and supplementary services to adults recovering from substance 
166.24 	use disorder, mental illness, or housing instability.

166.25 	ARTICLE 5
166.26 	HEALTH CARE

166.27 	Section 1. Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:
166.28 		Subd. 29.State medical review team. (a) To ensure the timely processing of 
166.29 	determinations of disability by the commissioner's state medical review team under sections 
166.30 	256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the 
166.31 	commissioner shall review all medical evidence and seek information from providers, 
167.1 	applicants, and enrollees to support the determination of disability where necessary. Disability 
167.2 	shall be determined according to the rules of title XVI and title XIX of the Social Security 
167.3 	Act and pertinent rules and policies of the Social Security Administration.
167.4 	(b) Medical assistance providers must grant the state medical review team access to 
167.5 	electronic health records held by the medical assistance providers, when available, to support 
167.6 	efficient and accurate disability determinations.
167.7 	(c) Medicaid providers shall accept electronically signed authorizations to release medical 
167.8 	records provided by the state medical review team.
167.9 	(b) (d) Prior to a denial or withdrawal of a requested determination of disability due to 
167.10 	insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary 
167.11 	and appropriate to a determination of disability, and (2) assist applicants and enrollees to 
167.12 	obtain the evidence, including, but not limited to, medical examinations and electronic 
167.13 	medical records.
167.14 	(c) (e) Any appeal made under section 256.045, subdivision 3, of a disability 
167.15 	determination made by the state medical review team must be decided according to the 
167.16 	timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not 
167.17 	issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal 
167.18 	must be immediately reviewed by the chief human services judge.

167.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

167.20 	Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 17, is amended to read:
167.21 		Subd. 17.Transportation costs. (a) "Nonemergency medical transportation service" 
167.22 	means motor vehicle transportation provided by a public or private person that serves 
167.23 	Minnesota health care program beneficiaries who do not require emergency ambulance 
167.24 	service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
167.25 	(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means 
167.26 	a census-tract based classification system under which a geographical area is determined 
167.27 	to be urban, rural, or super rural.
167.28 	(c) Medical assistance covers medical transportation costs incurred solely for obtaining 
167.29 	emergency medical care or transportation costs incurred by eligible persons in obtaining 
167.30 	emergency or nonemergency medical care when paid directly to an ambulance company, 
167.31 	nonemergency medical transportation company, or other recognized providers of 
167.32 	transportation services. Medical transportation must be provided by:
168.1 	(1) nonemergency medical transportation providers who meet the requirements of this 
168.2 	subdivision;
168.3 	(2) ambulances, as defined in section 144E.001, subdivision 2;
168.4 	(3) taxicabs that meet the requirements of this subdivision;
168.5 	(4) public transportation, within the meaning of "public transportation" as defined in 
168.6 	section 174.22, subdivision 7; or
168.7 	(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472, 
168.8 	subdivision 1, paragraph (p).
168.9 	(d) Medical assistance covers nonemergency medical transportation provided by 
168.10 	nonemergency medical transportation providers enrolled in the Minnesota health care 
168.11 	programs. All nonemergency medical transportation providers must comply with the 
168.12 	operating standards for special transportation service as defined in sections 174.29 to 174.30 
168.13 	and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the 
168.14 	commissioner and reported on the claim as the individual who provided the service. All 
168.15 	nonemergency medical transportation providers shall bill for nonemergency medical 
168.16 	transportation services in accordance with Minnesota health care programs criteria. Publicly 
168.17 	operated transit systems, volunteers, and not-for-hire vehicles are exempt from the 
168.18 	requirements outlined in this paragraph.
168.19 	(e) An organization may be terminated, denied, or suspended from enrollment if:
168.20 	(1) the provider has not initiated background studies on the individuals specified in 
168.21 	section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
168.22 	(2) the provider has initiated background studies on the individuals specified in section 
168.23 	174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
168.24 	(i) the commissioner has sent the provider a notice that the individual has been 
168.25 	disqualified under section 245C.14; and
168.26 	(ii) the individual has not received a disqualification set-aside specific to the special 
168.27 	transportation services provider under sections 245C.22 and 245C.23.
168.28 	(f) The administrative agency of nonemergency medical transportation must:
168.29 	(1) adhere to the policies defined by the commissioner;
168.30 	(2) pay nonemergency medical transportation providers for services provided to 
168.31 	Minnesota health care programs beneficiaries to obtain covered medical services;
169.1 	(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled 
169.2 	trips, and number of trips by mode; and
169.3 	(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single 
169.4 	administrative structure assessment tool that meets the technical requirements established 
169.5 	by the commissioner, reconciles trip information with claims being submitted by providers, 
169.6 	and ensures prompt payment for nonemergency medical transportation services.
169.7 	(g) Until the commissioner implements the single administrative structure and delivery 
169.8 	system under subdivision 18e, clients shall obtain their level-of-service certificate from the 
169.9 	commissioner or an entity approved by the commissioner that does not dispatch rides for 
169.10 	clients using modes of transportation under paragraph (l), clauses (4), (5), (6), and (7).
169.11 	(h) The commissioner may use an order by the recipient's attending physician, advanced 
169.12 	practice registered nurse, physician assistant, or a medical or mental health professional to 
169.13 	certify that the recipient requires nonemergency medical transportation services. 
169.14 	Nonemergency medical transportation providers shall perform driver-assisted services for 
169.15 	eligible individuals, when appropriate. Driver-assisted service includes passenger pickup 
169.16 	at and return to the individual's residence or place of business, assistance with admittance 
169.17 	of the individual to the medical facility, and assistance in passenger securement or in securing 
169.18 	of wheelchairs, child seats, or stretchers in the vehicle.
169.19 	(i) Nonemergency medical transportation providers must take clients to the health care 
169.20 	provider using the most direct route, and must not exceed 30 miles for a trip to a primary 
169.21 	care provider or 60 miles for a trip to a specialty care provider, unless the client receives 
169.22 	authorization from the local agency.
169.23 	(j) Nonemergency medical transportation providers may not bill for separate base rates 
169.24 	for the continuation of a trip beyond the original destination. Nonemergency medical 
169.25 	transportation providers must maintain trip logs, which include pickup and drop-off times, 
169.26 	signed by the medical provider or client, whichever is deemed most appropriate, attesting 
169.27 	to mileage traveled to obtain covered medical services. Clients requesting client mileage 
169.28 	reimbursement must sign the trip log attesting mileage traveled to obtain covered medical 
169.29 	services.
169.30 	(k) The administrative agency shall use the level of service process established by the 
169.31 	commissioner to determine the client's most appropriate mode of transportation. If public 
169.32 	transit or a certified transportation provider is not available to provide the appropriate service 
169.33 	mode for the client, the client may receive a onetime service upgrade.
169.34 	(l) The covered modes of transportation are:
170.1 	(1) client reimbursement, which includes client mileage reimbursement provided to 
170.2 	clients who have their own transportation, or to family or an acquaintance who provides 
170.3 	transportation to the client;
170.4 	(2) volunteer transport, which includes transportation by volunteers using their own 
170.5 	vehicle;
170.6 	(3) unassisted transport, which includes transportation provided to a client by a taxicab 
170.7 	or public transit. If a taxicab or public transit is not available, the client can receive 
170.8 	transportation from another nonemergency medical transportation provider;
170.9 	(4) assisted transport, which includes transport provided to clients who require assistance 
170.10 	by a nonemergency medical transportation provider;
170.11 	(5) lift-equipped/ramp transport, which includes transport provided to a client who is 
170.12 	dependent on a device and requires a nonemergency medical transportation provider with 
170.13 	a vehicle containing a lift or ramp;
170.14 	(6) protected transport, which includes transport provided to a client who has received 
170.15 	a prescreening that has deemed other forms of transportation inappropriate and who requires 
170.16 	a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety 
170.17 	locks, a video recorder, and a transparent thermoplastic partition between the passenger and 
170.18 	the vehicle driver; and (ii) who is certified as a protected transport provider; and
170.19 	(7) stretcher transport, which includes transport for a client in a prone or supine position 
170.20 	and requires a nonemergency medical transportation provider with a vehicle that can transport 
170.21 	a client in a prone or supine position.
170.22 	(m) The local agency shall be the single administrative agency and shall administer and 
170.23 	reimburse for modes defined in paragraph (l) according to paragraphs (p) and (q) when the 
170.24 	commissioner has developed, made available, and funded the web-based single administrative 
170.25 	structure, assessment tool, and level of need assessment under subdivision 18e. The local 
170.26 	agency's financial obligation is limited to funds provided by the state or federal government.
170.27 	(n) The commissioner shall:
170.28 	(1) verify that the mode and use of nonemergency medical transportation is appropriate;
170.29 	(2) verify that the client is going to an approved medical appointment; and
170.30 	(3) investigate all complaints and appeals.
170.31 	(o) The administrative agency shall pay for the services provided in this subdivision and 
170.32 	seek reimbursement from the commissioner, if appropriate. As vendors of medical care, 
171.1 	local agencies are subject to the provisions in section 256B.041, the sanctions and monetary 
171.2 	recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
171.3 	(p) Payments for nonemergency medical transportation must be paid based on the client's 
171.4 	assessed mode under paragraph (k), not the type of vehicle used to provide the service. The 
171.5 	medical assistance reimbursement rates for nonemergency medical transportation services 
171.6 	that are payable by or on behalf of the commissioner for nonemergency medical 
171.7 	transportation services are:
171.8 	(1) $0.22 per mile for client reimbursement;
171.9 	(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer 
171.10 	transport;
171.11 	(3) equivalent to the standard fare for unassisted transport when provided by public 
171.12 	transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency 
171.13 	medical transportation provider;
171.14 	(4) $14.30 for the base rate and $1.43 per mile for assisted transport;
171.15 	(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
171.16 	(6) $75 for the base rate for the first 100 miles and an additional $75 for trips over 100 
171.17 	miles and $2.40 per mile for protected transport; and
171.18 	(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for 
171.19 	an additional attendant if deemed medically necessary.
171.20 	(q) The base rate for nonemergency medical transportation services in areas defined 
171.21 	under RUCA to be super rural is equal to 111.3 percent of the respective base rate in 
171.22 	paragraph (p), clauses (1) to (7). The mileage rate for nonemergency medical transportation 
171.23 	services in areas defined under RUCA to be rural or super rural areas is:
171.24 	(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage 
171.25 	rate in paragraph (p), clauses (1) to (7); and
171.26 	(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage 
171.27 	rate in paragraph (p), clauses (1) to (7).
171.28 	(r) For purposes of reimbursement rates for nonemergency medical transportation services 
171.29 	under paragraphs (p) and (q), the zip code of the recipient's place of residence shall determine 
171.30 	whether the urban, rural, or super rural reimbursement rate applies.
172.1 	(s) The commissioner, when determining reimbursement rates for nonemergency medical 
172.2 	transportation under paragraphs (p) and (q), shall exempt all modes of transportation listed 
172.3 	under paragraph (l) from Minnesota Rules, part 9505.0445, item R, subitem (2).
172.4 	(t) Effective for the first day of each calendar quarter in which the price of gasoline as 
172.5 	posted publicly by the United States Energy Information Administration exceeds $3.00 per 
172.6 	gallon, the commissioner shall adjust the rate paid per mile in paragraph (p) by one percent 
172.7 	up or down for every increase or decrease of ten cents for the price of gasoline. The increase 
172.8 	or decrease must be calculated using a base gasoline price of $3.00. The percentage increase 
172.9 	or decrease must be calculated using the average of the most recently available price of all 
172.10 	grades of gasoline for Minnesota as posted publicly by the United States Energy Information 
172.11 	Administration.

172.12 	EFFECTIVE DATE. This section is effective January 1, 2026.

172.13 	Sec. 3. Minnesota Statutes 2024, section 256B.766, is amended to read:
172.14 	256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
172.15 		Subdivision 1.Payment reductions for base care services effective July 1, 2009. (a)
172.16 	Effective for services provided on or after July 1, 2009, total payments for basic care services, 
172.17 	shall be reduced by three percent, except that for the period July 1, 2009, through June 30, 
172.18 	2011, total payments shall be reduced by 4.5 percent for the medical assistance and general 
172.19 	assistance medical care programs, prior to third-party liability and spenddown calculation.
172.20 		Subd. 2.Classification of therapies as basic care services. Effective July 1, 2010, The 
172.21 	commissioner shall classify physical therapy services, occupational therapy services, and 
172.22 	speech-language pathology and related services as basic care services. The reduction in this 
172.23 	paragraph subdivision 1 shall apply to physical therapy services, occupational therapy 
172.24 	services, and speech-language pathology and related services provided on or after July 1, 
172.25 	2010.
172.26 		Subd. 3.Payment reductions to managed care plans effective October 1, 2009. (b)
172.27 	Payments made to managed care plans and county-based purchasing plans shall be reduced 
172.28 	for services provided on or after October 1, 2009, to reflect the reduction in subdivision 1 
172.29 	effective July 1, 2009, and payments made to the plans shall be reduced effective October 
172.30 	1, 2010, to reflect the reduction in subdivision 1 effective July 1, 2010.
172.31 		Subd. 4.Temporary payment reductions effective September 1, 2011. (c) (a) Effective 
172.32 	for services provided on or after September 1, 2011, through June 30, 2013, total payments 
173.1 	for outpatient hospital facility fees shall be reduced by five percent from the rates in effect 
173.2 	on August 31, 2011.
173.3 	(d) (b) Effective for services provided on or after September 1, 2011, through June 30, 
173.4 	2013, total payments for ambulatory surgery centers facility fees, medical supplies and 
173.5 	durable medical equipment not subject to a volume purchase contract, prosthetics and 
173.6 	orthotics, renal dialysis services, laboratory services, public health nursing services, physical 
173.7 	therapy services, occupational therapy services, speech therapy services, eyeglasses not 
173.8 	subject to a volume purchase contract, hearing aids not subject to a volume purchase contract, 
173.9 	and anesthesia services shall be reduced by three percent from the rates in effect on August 
173.10 	31, 2011.
173.11 		Subd. 5.Payment increases effective September 1, 2014. (e) (a) Effective for services 
173.12 	provided on or after September 1, 2014, payments for ambulatory surgery centers facility 
173.13 	fees, hospice services, renal dialysis services, laboratory services, public health nursing 
173.14 	services, eyeglasses not subject to a volume purchase contract, and hearing aids not subject 
173.15 	to a volume purchase contract shall be increased by three percent and payments for outpatient 
173.16 	hospital facility fees shall be increased by three percent.
173.17 	(b) Payments made to managed care plans and county-based purchasing plans shall not 
173.18 	be adjusted to reflect payments under this paragraph subdivision.
173.19 		Subd. 6.Temporary payment reductions effective July 1, 2014. (f) Payments for 
173.20 	medical supplies and durable medical equipment not subject to a volume purchase contract, 
173.21 	and prosthetics and orthotics, provided on or after July 1, 2014, through June 30, 2015, shall 
173.22 	be decreased by .33 percent.
173.23 		Subd. 7.Payment increases effective July 1, 2015. (a) Payments for medical supplies 
173.24 	and durable medical equipment not subject to a volume purchase contract, and prosthetics 
173.25 	and orthotics, provided on or after July 1, 2015, shall be increased by three percent from 
173.26 	the rates as determined under paragraphs (i) and (j) subdivisions 9 and 10.
173.27 	(g) (b) Effective for services provided on or after July 1, 2015, payments for outpatient 
173.28 	hospital facility fees, medical supplies and durable medical equipment not subject to a 
173.29 	volume purchase contract, prosthetics, and orthotics to a hospital meeting the criteria specified 
173.30 	in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent 
173.31 	from the rates in effect on June 30, 2015.
173.32 	(c) Payments made to managed care plans and county-based purchasing plans shall not 
173.33 	be adjusted to reflect payments under this paragraph (b).
174.1 		Subd. 8.Exempt services. (h) This section does not apply to physician and professional 
174.2 	services, inpatient hospital services, family planning services, mental health services, dental 
174.3 	services, prescription drugs, medical transportation, federally qualified health centers, rural 
174.4 	health centers, Indian health services, and Medicare cost-sharing.
174.5 		Subd. 9.Individually priced items. (i) (a) Effective for services provided on or after 
174.6 	July 1, 2015, the following categories of medical supplies and durable medical equipment 
174.7 	shall be individually priced items: customized and other specialized tracheostomy tubes 
174.8 	and supplies, electric patient lifts, and durable medical equipment repair and service.
174.9 	(b) This paragraph subdivision does not apply to medical supplies and durable medical 
174.10 	equipment subject to a volume purchase contract, products subject to the preferred diabetic 
174.11 	testing supply program, and items provided to dually eligible recipients when Medicare is 
174.12 	the primary payer for the item.
174.13 	(c) The commissioner shall not apply any medical assistance rate reductions to durable 
174.14 	medical equipment as a result of Medicare competitive bidding.
174.15 		Subd. 10.Rate increases effective July 1, 2015. (j) (a) Effective for services provided 
174.16 	on or after July 1, 2015, medical assistance payment rates for durable medical equipment, 
174.17 	prosthetics, orthotics, or supplies shall be increased as follows:
174.18 	(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies that 
174.19 	were subject to the Medicare competitive bid that took effect in January of 2009 shall be 
174.20 	increased by 9.5 percent; and
174.21 	(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies on 
174.22 	the medical assistance fee schedule, whether or not subject to the Medicare competitive bid 
174.23 	that took effect in January of 2009, shall be increased by 2.94 percent, with this increase 
174.24 	being applied after calculation of any increased payment rate under clause (1).
174.25 	This (b) Paragraph (a) does not apply to medical supplies and durable medical equipment 
174.26 	subject to a volume purchase contract, products subject to the preferred diabetic testing 
174.27 	supply program, items provided to dually eligible recipients when Medicare is the primary 
174.28 	payer for the item, and individually priced items identified in paragraph (i) subdivision 9.
174.29 	(c) Payments made to managed care plans and county-based purchasing plans shall not 
174.30 	be adjusted to reflect the rate increases in this paragraph subdivision.
174.31 		Subd. 11.Rates for ventilators. (k) (a) Effective for nonpressure support ventilators 
174.32 	provided on or after January 1, 2016, the rate shall be the lower of the submitted charge or 
174.33 	the Medicare fee schedule rate.
175.1 	(b) Effective for pressure support ventilators provided on or after January 1, 2016, the 
175.2 	rate shall be the lower of the submitted charge or 47 percent above the Medicare fee schedule 
175.3 	rate.
175.4 	(c) For payments made in accordance with this paragraph subdivision, if, and to the 
175.5 	extent that, the commissioner identifies that the state has received federal financial 
175.6 	participation for ventilators in excess of the amount allowed effective January 1, 2018, 
175.7 	under United States Code, title 42, section 1396b(i)(27), the state shall repay the excess 
175.8 	amount to the Centers for Medicare and Medicaid Services with state funds and maintain 
175.9 	the full payment rate under this paragraph subdivision.
175.10 		Subd. 12.Rates subject to the upper payment limit. (l) Payment rates for durable 
175.11 	medical equipment, prosthetics, orthotics or supplies, that are subject to the upper payment 
175.12 	limit in accordance with section 1903(i)(27) of the Social Security Act, shall be paid the 
175.13 	Medicare rate. Rate increases provided in this chapter shall not be applied to the items listed 
175.14 	in this paragraph subdivision.
175.15 		Subd. 13.Temporary rates for enteral nutrition and supplies. (m) (a) For dates of 
175.16 	service on or after July 1, 2023, through June 30, 2025 2027, enteral nutrition and supplies 
175.17 	must be paid according to this paragraph subdivision. If sufficient data exists for a product 
175.18 	or supply, payment must be based upon the 50th percentile of the usual and customary 
175.19 	charges per product code submitted to the commissioner, using only charges submitted per 
175.20 	unit. Increases in rates resulting from the 50th percentile payment method must not exceed 
175.21 	150 percent of the previous fiscal year's rate per code and product combination. Data are 
175.22 	sufficient if: (1) the commissioner has at least 100 paid claim lines by at least ten different 
175.23 	providers for a given product or supply; or (2) in the absence of the data in clause (1), the 
175.24 	commissioner has at least 20 claim lines by at least five different providers for a product or 
175.25 	supply that does not meet the requirements of clause (1). If sufficient data are not available 
175.26 	to calculate the 50th percentile for enteral products or supplies, the payment rate must be 
175.27 	the payment rate in effect on June 30, 2023.
175.28 	(b) This subdivision expires June 30, 2027.
175.29 		Subd. 14.Rates for enteral nutrition and supplies. (n) For dates of service on or after 
175.30 	July 1, 2025 2027, enteral nutrition and supplies must be paid according to this paragraph
175.31 	subdivision and updated annually each January 1. If sufficient data exists for a product or 
175.32 	supply, payment must be based upon the 50th percentile of the usual and customary charges 
175.33 	per product code submitted to the commissioner for the previous calendar year, using only 
175.34 	charges submitted per unit. Increases in rates resulting from the 50th percentile payment 
176.1 	method must not exceed 150 percent of the previous year's rate per code and product 
176.2 	combination. Data are sufficient if: (1) the commissioner has at least 100 paid claim lines 
176.3 	by at least ten different providers for a given product or supply; or (2) in the absence of the 
176.4 	data in clause (1), the commissioner has at least 20 claim lines by at least five different 
176.5 	providers for a product or supply that does not meet the requirements of clause (1). If 
176.6 	sufficient data are not available to calculate the 50th percentile for enteral products or 
176.7 	supplies, the payment must be the manufacturer's suggested retail price of that product or 
176.8 	supply minus 20 percent. If the manufacturer's suggested retail price is not available, payment 
176.9 	must be the actual acquisition cost of that product or supply plus 20 percent.
176.10 		Subd. 15.Payments based on manufacturer's suggested retail price. For medical 
176.11 	supplies and equipment payments based on the manufacturer's suggested retail price 
176.12 	methodology set forth in Minnesota Rules, part 9505.0445, item S, the commissioner shall 
176.13 	establish the payment amount on an annual basis for tracheostomy tubes, low profile feeding 
176.14 	tubes, and feeding tube extension sets.

176.15 	ARTICLE 6
176.16 	DIRECT CARE AND TREATMENT

176.17 	Section 1. [246.0142] FREE COMMUNICATION SERVICES FOR PATIENTS AND 
176.18 	CLIENTS.
176.19 		Subdivision 1.Free communication services. The commissioner of human services 
176.20 	and the Direct Care and Treatment executive board and all facilities, settings, and programs 
176.21 	owned, operated, or under the programmatic or fiscal control of the commissioner of human 
176.22 	services or the Direct Care and Treatment executive board are subject to section 241.252. 
176.23 	The commissioner and executive board must not include the cost of voice or other 
176.24 	communication services in the cost of care as defined under section 246.50 or 246B.01.
176.25 		Subd. 2.Communication service restrictions. Notwithstanding section 241.252, 
176.26 	subdivisions 2 and 4, nothing in this section entitles a civilly committed person to 
176.27 	communication services restricted or limited under section 253B.03, subdivision 3, or 
176.28 	253D.19.

176.29 	Sec. 2. Minnesota Statutes 2024, section 256G.08, subdivision 1, is amended to read:
176.30 		Subdivision 1.Commitment and competency proceedings. In cases of voluntary 
176.31 	admission,or commitment to state or other institutions, or criminal orders for inpatient 
176.32 	examination or participation in a competency attainment program under chapter 611, the 
176.33 	committing county or the county from which the first criminal order for inpatient examination 
177.1 	or order for participation in a competency attainment program under chapter 611 is issued 
177.2 	shall initially pay for all costs. This includes the expenses of the taking into custody, 
177.3 	confinement, emergency holds under sections 253B.051, subdivisions 1 and 2, and 253B.07, 
177.4 	examination, commitment, conveyance to the place of detention, rehearing, and hearings 
177.5 	under section sections253B.092 and 611.47, including hearings held under that section 
177.6 	which those sections that are venued outside the county of commitment or the county of 
177.7 	the chapter 611 competency proceedings order.

177.8 	Sec. 3. Minnesota Statutes 2024, section 256G.08, subdivision 2, is amended to read:
177.9 		Subd. 2.Responsibility for nonresidents. If a person committed,or voluntarily admitted 
177.10 	to a state institution, or ordered for inpatient examination or participation in a competency 
177.11 	attainment program under chapter 611 has no residence in this state, financial responsibility 
177.12 	belongs to the county of commitment or the county from which the first criminal order for 
177.13 	inpatient examination or order for participation in a competency attainment program under 
177.14 	chapter 611 was issued.

177.15 	Sec. 4. Minnesota Statutes 2024, section 256G.09, subdivision 1, is amended to read:
177.16 		Subdivision 1.General procedures. If upon investigation the local agency decides that 
177.17 	the application,or commitment, or first criminal order under chapter 611 was not filed in 
177.18 	the county of financial responsibility as defined by this chapter, but that the applicant is 
177.19 	otherwise eligible for assistance, it shall send a copy of the application,or commitment 
177.20 	claim, or chapter 611 claim together with the record of any investigation it has made, to the 
177.21 	county it believes is financially responsible. The copy and record must be sent within 60 
177.22 	days of the date the application was approved or the claim was paid. The first local agency 
177.23 	shall provide assistance to the applicant until financial responsibility is transferred under 
177.24 	this section.
177.25 	The county receiving the transmittal has 30 days to accept or reject financial 
177.26 	responsibility. A failure to respond within 30 days establishes financial responsibility by 
177.27 	the receiving county.

177.28 	Sec. 5. Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
177.29 		Subd. 2.Financial disputes. (a) If the county receiving the transmittal does not believe 
177.30 	it is financially responsible, it should provide to the commissioner of human services and 
177.31 	the initially responsible county a statement of all facts and documents necessary for the 
177.32 	commissioner to make the requested determination of financial responsibility. The submission 
178.1 	must clearly state the program area in dispute and must state the specific basis upon which 
178.2 	the submitting county is denying financial responsibility.
178.3 	(b) The initially responsible county then has 15 calendar days to submit its position and 
178.4 	any supporting evidence to the commissioner. The absence of a submission by the initially 
178.5 	responsible county does not limit the right of the commissioner of human services or Direct 
178.6 	Care and Treatment executive board to issue a binding opinion based on the evidence actually 
178.7 	submitted.
178.8 	(c) A case must not be submitted until the local agency taking the application,or making 
178.9 	the commitment, or residing in the county from which the first criminal order under chapter 
178.10 	611 was issued has made an initial determination about eligibility and financial responsibility, 
178.11 	and services have been initiated. This paragraph does not prohibit the submission of closed 
178.12 	cases that otherwise meet the applicable statute of limitations.

178.13 	Sec. 6. Minnesota Statutes 2024, section 611.43, is amended by adding a subdivision to 
178.14 	read:
178.15 		Subd. 5.Costs related to confined treatment. (a) When a defendant is ordered to 
178.16 	participate in an examination in a treatment facility, a locked treatment facility, or a 
178.17 	state-operated treatment facility under subdivision 1, paragraph (b), the facility shall bill 
178.18 	the responsible health plan first. The county in which the criminal charges are filed is 
178.19 	responsible to pay any charges not covered by the health plan, including co-pays and 
178.20 	deductibles. If the defendant has health plan coverage and is confined in a hospital, but the 
178.21 	hospitalization does not meet the criteria in section 62M.07, subdivision 2, clause (1); 
178.22 	62Q.53; 62Q.535, subdivision 1; or 253B.045, subdivision 6, the county in which criminal 
178.23 	charges are filed is responsible for payment.
178.24 	(b) The Direct Care and Treatment executive board shall determine the cost of 
178.25 	confinement in a state-operated treatment facility based on the executive board's 
178.26 	determination of cost of care pursuant to section 246.50, subdivision 5.

178.27 	Sec. 7. Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
178.28 		Subdivision 1.Order to competency attainment program. (a) If the court finds the 
178.29 	defendant incompetent and the charges have not been dismissed, the court shall order the 
178.30 	defendant to participate in a program to assist the defendant in attaining competency. The 
178.31 	court may order participation in a competency attainment program provided outside of a 
178.32 	jail, a jail-based competency attainment program, or an alternative program. The court must 
178.33 	determine the least-restrictive program appropriate to meet the defendant's needs and public 
179.1 	safety. In making this determination, the court must consult with the forensic navigator and 
179.2 	consider any recommendations of the court examiner. The court shall not order a defendant 
179.3 	to participate in a jail-based program or a state-operated treatment program if the highest 
179.4 	criminal charge is a targeted misdemeanor.
179.5 	(b) If the court orders the defendant to a locked treatment facility or jail-based program, 
179.6 	the court must calculate the defendant's custody credit and cannot order the defendant to a 
179.7 	locked treatment facility or jail-based program for a period that would cause the defendant's 
179.8 	custody credit to exceed the maximum sentence for the underlying charge.
179.9 	(c) The court may only order the defendant to participate in competency attainment at 
179.10 	an inpatient or residential treatment program under this section if the head of the treatment 
179.11 	program determines that admission to the program is clinically appropriate and consents to 
179.12 	the defendant's admission. The court may only order the defendant to participate in 
179.13 	competency attainment at a state-operated treatment facility under this section if the Direct 
179.14 	Care and Treatment executive board or a designee determines that admission of the defendant 
179.15 	is clinically appropriate and consents to the defendant's admission. The court may require 
179.16 	a competency program that qualifies as a locked facility or a state-operated treatment program 
179.17 	to notify the court in writing of the basis for refusing consent for admission of the defendant 
179.18 	in order to ensure transparency and maintain an accurate record. The court may not require 
179.19 	personal appearance of any representative of a competency program. The court shall send 
179.20 	a written request for notification to the locked facility or state-operated treatment program 
179.21 	and the locked facility or state-operated treatment program shall provide a written response 
179.22 	to the court within ten days of receipt of the court's request.
179.23 	(d) If the defendant is confined in jail and has not received competency attainment 
179.24 	services within 30 days of the finding of incompetency, the court shall review the case with 
179.25 	input from the prosecutor and defense counsel and may:
179.26 	(1) order the defendant to participate in an appropriate competency attainment program 
179.27 	that takes place outside of a jail;
179.28 	(2) order a conditional release of the defendant with conditions that include but are not 
179.29 	limited to a requirement that the defendant participate in a competency attainment program 
179.30 	when one becomes available and accessible;
179.31 	(3) make a determination as to whether the defendant is likely to attain competency in 
179.32 	the reasonably foreseeable future and proceed under section 611.49; or
179.33 	(4) upon a motion, dismiss the charges in the interest of justice.
180.1 	(e) The court may order any hospital, treatment facility, or correctional facility that has 
180.2 	provided care or supervision to a defendant in the previous two years to provide copies of 
180.3 	the defendant's medical records to the competency attainment program or alternative program 
180.4 	in which the defendant was ordered to participate. This information shall be provided in a 
180.5 	consistent and timely manner and pursuant to all applicable laws.
180.6 	(f) If at any time the defendant refuses to participate in a competency attainment program 
180.7 	or an alternative program, the head of the program shall notify the court and any entity 
180.8 	responsible for supervision of the defendant.
180.9 	(g) At any time, the head of the program may discharge the defendant from the program 
180.10 	or facility. The head of the program must notify the court, prosecutor, defense counsel, and 
180.11 	any entity responsible for the supervision of the defendant prior to any planned discharge. 
180.12 	Absent emergency circumstances, this notification shall be made five days prior to the 
180.13 	discharge if the defendant is not being discharged to jail or a correctional facility. Upon the 
180.14 	receipt of notification of discharge or upon the request of either party in response to 
180.15 	notification of discharge, the court may order that a defendant who is subject to bail or 
180.16 	unmet conditions of release be returned to jail upon being discharged from the program or 
180.17 	facility. If the court orders a defendant returned to jail, the court shall notify the parties and 
180.18 	head of the program at least one day before the defendant's planned discharge, except in 
180.19 	the event of an emergency discharge where one day notice is not possible. The court must 
180.20 	hold a review hearing within seven days of the defendant's return to jail. The forensic 
180.21 	navigator must be given notice of the hearing and be allowed to participate.
180.22 	(h) If the defendant is discharged from the program or facility under emergency 
180.23 	circumstances, notification of emergency discharge shall include a description of the 
180.24 	emergency circumstances and may include a request for emergency transportation. The 
180.25 	court shall make a determination on a request for emergency transportation within 24 hours. 
180.26 	Nothing in this section prohibits a law enforcement agency from transporting a defendant 
180.27 	pursuant to any other authority.
180.28 	(i) If the defendant is ordered to participate in an inpatient or residential competency 
180.29 	attainment or alternative program, the program or facility must notify the court, prosecutor, 
180.30 	defense counsel, forensic navigator, and any entity responsible for the supervision of the 
180.31 	defendant if the defendant is placed on a leave or elopement status from the program and 
180.32 	if the defendant returns to the program from a leave or elopement status.
181.1 	(j) Defense counsel, prosecutors, and forensic navigators must have access to information 
181.2 	relevant to a defendant's participation and treatment in a competency attainment program 
181.3 	or alternative program, including but not limited to discharge planning.

181.4 	Sec. 8. Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to 
181.5 	read:
181.6 		Subd. 5.Data access. Forensic navigators must have access to all data collected, created, 
181.7 	or maintained by a competency attainment program or an alternative program regarding a 
181.8 	defendant in order for navigators to carry out their duties under this section. A competency 
181.9 	attainment program or alternative program may request a copy of the court order appointing 
181.10 	the forensic navigator before disclosing any private information about a defendant.

181.11 	ARTICLE 7
181.12 	DEPARTMENT OF DIRECT CARE AND TREATMENT ESTABLISHMENT

181.13 	Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:
181.14 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
181.15 	given:
181.16 	(1) "agency" means the Department of Administration; Department of Agriculture; 
181.17 	Department of Children, Youth, and Families; Department of Commerce; Department of 
181.18 	Corrections; Department of Direct Care and Treatment; Department of Education; Department 
181.19 	of Employment and Economic Development; Department of Health; Office of Higher 
181.20 	Education; Housing Finance Agency; Department of Human Rights; Department of Human 
181.21 	Services; Department of Information Technology Services; Department of Iron Range 
181.22 	Resources and Rehabilitation; Department of Labor and Industry; Minnesota Management 
181.23 	and Budget; Bureau of Mediation Services; Department of Military Affairs; Metropolitan 
181.24 	Council; Department of Natural Resources; Pollution Control Agency; Department of Public 
181.25 	Safety; Department of Revenue; Department of Transportation; Department of Veterans 
181.26 	Affairs; Direct Care and Treatment; Gambling Control Board; Racing Commission; the 
181.27 	Minnesota Lottery; the Animal Health Board; the Public Utilities Commission; and the 
181.28 	Board of Water and Soil Resources;
181.29 	(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal 
181.30 	governments in the development of policy on matters that have Tribal implications. 
181.31 	Consultation is the proactive, affirmative process of identifying and seeking input from 
181.32 	appropriate Tribal governments and considering their interest as a necessary and integral 
181.33 	part of the decision-making process. This definition adds to statutorily mandated notification 
182.1 	procedures. During a consultation, the burden is on the agency to show that it has made a 
182.2 	good faith effort to elicit feedback. Consultation is a formal engagement between agency 
182.3 	officials and the governing body or bodies of an individual Minnesota Tribal government 
182.4 	that the agency or an individual Tribal government may initiate. Formal meetings or 
182.5 	communication between top agency officials and the governing body of a Minnesota Tribal 
182.6 	government is a necessary element of consultation;
182.7 	(3) "matters that have Tribal implications" means rules, legislative proposals, policy 
182.8 	statements, or other actions that have substantial direct effects on one or more Minnesota 
182.9 	Tribal governments, or on the distribution of power and responsibilities between the state 
182.10 	and Minnesota Tribal governments;
182.11 	(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located 
182.12 	in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech 
182.13 	Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian 
182.14 	Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; 
182.15 	and Upper Sioux Community; and
182.16 	(5) "timely and meaningful" means done or occurring at a favorable or useful time that 
182.17 	allows the result of consultation to be included in the agency's decision-making process for 
182.18 	a matter that has Tribal implications.

182.19 	Sec. 2. Minnesota Statutes 2024, section 15.01, is amended to read:
182.20 	15.01 DEPARTMENTS OF THE STATE.
182.21 	The following agencies are designated as the departments of the state government: the 
182.22 	Department of Administration; the Department of Agriculture; the Department of Children, 
182.23 	Youth, and Families; the Department of Commerce; the Department of Corrections; the 
182.24 	Department of Direct Care and Treatment; the Department of Education; the Department 
182.25 	of Employment and Economic Development; the Department of Health; the Department of 
182.26 	Human Rights; the Department of Human Services; the Department of Information 
182.27 	Technology Services; the Department of Iron Range Resources and Rehabilitation; the 
182.28 	Department of Labor and Industry; the Department of Management and Budget; the 
182.29 	Department of Military Affairs; the Department of Natural Resources; the Department of 
182.30 	Public Safety; the Department of Revenue; the Department of Transportation; the Department 
182.31 	of Veterans Affairs; and their successor departments.

183.1 	Sec. 3. Minnesota Statutes 2024, section 15.06, subdivision 1, is amended to read:
183.2 		Subdivision 1.Applicability. This section applies to the following departments or 
183.3 	agencies: the Departments of Administration; Agriculture; Children, Youth, and Families; 
183.4 	Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic 
183.5 	Development; Health; Human Rights; Human Services; Iron Range Resources and 
183.6 	Rehabilitation; Labor and Industry; Management and Budget; Natural Resources; Public 
183.7 	Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution 
183.8 	Control Agencies; the Department of Information Technology Services; the Bureau of 
183.9 	Mediation Services; and their successor departments and agencies. The heads of the foregoing 
183.10 	departments or agencies are "commissioners."

183.11 	Sec. 4. Minnesota Statutes 2024, section 43A.241, is amended to read:
183.12 	43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.
183.13 	(a) This section applies to a person who:
183.14 	(1) was employed by the commissioner of corrections, the commissioner of human 
183.15 	services, or the commissioner of direct care and treatment executive board;
183.16 	(2) was covered by the correctional employee retirement plan under section 352.91 or 
183.17 	the general state employees retirement plan of the Minnesota State Retirement System as 
183.18 	defined in section 352.021;
183.19 	(3) while employed under clause (1), was assaulted by:
183.20 	(i) a person under correctional supervision for a criminal offense; or
183.21 	(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated 
183.22 	forensic services program as defined in section 352.91, subdivision 3j; and
183.23 	(4) as a direct result of the assault under clause (3), was determined to be totally and 
183.24 	permanently physically disabled under laws governing the Minnesota State Retirement 
183.25 	System.
183.26 	(b) For a person to whom this section applies, the commissioner of corrections, the 
183.27 	commissioner of human services, or the commissioner of direct care and treatment executive 
183.28 	board, using existing budget resources, must continue to make the employer contribution 
183.29 	for medical and dental benefits under the State Employee Group Insurance Program after 
183.30 	the person terminates state service. If the person had dependent coverage at the time of 
183.31 	terminating state service, employer contributions for dependent coverage also must continue 
183.32 	under this section. The employer contributions must be in the amount of the employer 
184.1 	contribution for active state employees at the time each payment is made. The employer 
184.2 	contributions must continue until the person reaches age 65, provided the person makes the 
184.3 	required employee contributions, in the amount required of an active state employee, at the 
184.4 	time and in the manner specified by the commissioner or executive board.

184.5 	Sec. 5. Minnesota Statutes 2024, section 246C.01, is amended to read:
184.6 	246C.01 TITLE.
184.7 	This chapter may be cited as the "Department of Direct Care and Treatment Act."

184.8 	Sec. 6. Minnesota Statutes 2024, section 246C.015, subdivision 3, is amended to read:
184.9 		Subd. 3.Commissioner. "Commissioner" means the commissioner of human services
184.10 	direct care and treatment.

184.11 	Sec. 7. Minnesota Statutes 2024, section 246C.015, is amended by adding a subdivision 
184.12 	to read:
184.13 		Subd. 5b.Department. "Department" means the Department of Direct Care and 
184.14 	Treatment.

184.15 	Sec. 8. Minnesota Statutes 2024, section 246C.02, subdivision 1, is amended to read:
184.16 		Subdivision 1.Establishment. The Department of Direct Care and Treatment is created 
184.17 	as an agency headed by an executive board established.

184.18 	Sec. 9. Minnesota Statutes 2024, section 246C.04, subdivision 2, is amended to read:
184.19 		Subd. 2.Transfer of custody of civilly committed persons. The commissioner of 
184.20 	human services shall continue to exercise all authority and responsibility for and retain 
184.21 	custody of persons subject to civil commitment under chapter 253B or 253D until July 1, 
184.22 	2025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter 
184.23 	253B or 253D and in the custody of the commissioner of human services as of that date is 
184.24 	hereby transferred to the executive board commissioner without any further act or proceeding. 
184.25 	Authority and responsibility for the commitment of such persons is transferred to the 
184.26 	executive board commissioner July 1, 2025.

184.27 	Sec. 10. Minnesota Statutes 2024, section 246C.04, subdivision 3, is amended to read:
184.28 		Subd. 3.Control of direct care and treatment. The commissioner of human services 
184.29 	shall continue to exercise all authorities and responsibilities under this chapter and chapters 
185.1 	13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to 
185.2 	any state-operated service, program, or facility subject to transfer under Laws 2024, chapter 
185.3 	79; Laws 2024, chapter 125, article 5; and Laws 2024, chapter 127, article 50, until July 1, 
185.4 	2025. Effective July 1, 2025, the powers and duties vested in or imposed upon the 
185.5 	commissioner of human services with reference to any state-operated service, program, or 
185.6 	facility are hereby transferred to, vested in, and imposed upon the executive board
185.7 	commissioner according to this chapter and applicable state law. Effective July 1, 2025, the 
185.8 	executive board commissioner has the exclusive power of administration and management 
185.9 	of all state hospitals for persons with a developmental disability, mental illness, or substance 
185.10 	use disorder. Effective July 1, 2025, the executive board commissioner has the power and 
185.11 	authority to determine all matters relating to the development of all of the foregoing 
185.12 	institutions and of such other institutions vested in the executive board commissioner. 
185.13 	Effective July 1, 2025, the powers, functions, and authority vested in the commissioner of 
185.14 	human services relative to such state institutions are transferred to the executive board
185.15 	commissioner according to this chapter and applicable state law.

185.16 	Sec. 11. Minnesota Statutes 2024, section 246C.07, subdivision 1, is amended to read:
185.17 		Subdivision 1.Generally. (a) The executive board commissioner must operate the 
185.18 	agency department according to this chapter and applicable state and federal law. The overall 
185.19 	management and control of the agency department is vested in the executive board
185.20 	commissioner in accordance with this chapter.
185.21 	(b) The executive board commissioner must appoint a chief executive officer according 
185.22 	to section 246C.08. The chief executive officer is responsible for the administrative and 
185.23 	operational duties of the Department of Direct Care and Treatment in accordance with this 
185.24 	chapter and serves as the deputy commissioner for the purposes of section 15.06 and as 
185.25 	deputy agency head for the purposes of section 43A.08.
185.26 	(c) The executive board commissioner may delegate duties imposed by this chapter and 
185.27 	under applicable state and federal law as deemed appropriate by the board commissioner
185.28 	and in accordance with this chapter. Any delegation of a specified statutory duty or power 
185.29 	to an employee of the Department of Direct Care and Treatment other than the chief executive 
185.30 	officer must be made by written order and filed with the secretary of state. Only the chief 
185.31 	executive officer shall have the powers and duties of the executive board commissioner as 
185.32 	specified in section 246C.08.

186.1 	Sec. 12. Minnesota Statutes 2024, section 246C.07, subdivision 2, is amended to read:
186.2 		Subd. 2.Principles. The executive board commissioner, in undertaking its the 
186.3 	commissioner's duties and responsibilities and within the Department of Direct Care and 
186.4 	Treatment resources, shall act according to the following principles:
186.5 	(1) prevent the waste or unnecessary spending of public money;
186.6 	(2) use innovative fiscal and human resource practices to manage the state's resources 
186.7 	and operate the agency department as efficiently as possible;
186.8 	(3) coordinate Department of Direct Care and Treatment activities wherever appropriate 
186.9 	with the activities of other governmental agencies;
186.10 	(4) use technology where appropriate to increase agency department productivity, improve 
186.11 	customer service, increase public access to information about government, and increase 
186.12 	public participation in the business of government; and
186.13 	(5) utilize constructive and cooperative labor management practices to the extent 
186.14 	otherwise required by chapter 43A or 179A.

186.15 	Sec. 13. Minnesota Statutes 2024, section 246C.07, subdivision 8, is amended to read:
186.16 		Subd. 8.Biennial estimates; suggestions for legislation. The executive board
186.17 	commissioner shall prepare, for the use of the legislature, biennial estimates of appropriations 
186.18 	necessary or expedient to be made for the support of the institutions and for extraordinary 
186.19 	and special expenditures for buildings and other improvements. The executive board
186.20 	commissioner shall make suggestions relative to legislation for the benefit of the institutions. 
186.21 	The executive board commissioner shall report the estimates and suggestions to the legislature 
186.22 	on or before November 15 in each even-numbered year. A designee of the executive board
186.23 	The commissioner on request shall appear before any legislative committee and furnish any 
186.24 	required information in regard to the condition of any such institution.

186.25 	Sec. 14. [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT.
186.26 		Subdivision 1.Establishment. An Advisory Council on Direct Care and Treatment is 
186.27 	established.
186.28 		Subd. 2.Membership. (a) The Advisory Council on Direct Care and Treatment must 
186.29 	consist of no more than 15 members appointed as provided in section 15.0597. The advisory 
186.30 	council must include:
187.1 	(1) one member who is a licensed physician with experience serving behavioral health 
187.2 	patients or a licensed psychiatrist, appointed by the commissioner;
187.3 	(2) two members with executive management experience at a hospital or health care 
187.4 	system, or experience serving on the board of a hospital or health care system, appointed 
187.5 	by the commissioner;
187.6 	(3) three members, each appointed by the commissioner, who have experience working:
187.7 	(i) in the delivery of behavioral health services;
187.8 	(ii) in care coordination;
187.9 	(iii) in traditional healing practices;
187.10 	(iv) as a licensed health care professional;
187.11 	(v) within health care administration; or
187.12 	(vi) with residential services;
187.13 	(4) one member appointed by the Association of Counties;
187.14 	(5) one member who has an active role as a union representative representing staff at 
187.15 	the Department of Direct Care and Treatment appointed by joint representatives of the 
187.16 	following unions: American Federation of State, County, and Municipal Employees 
187.17 	(AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses 
187.18 	Association (MNA); Middle Management Association (MMA); and State Residential 
187.19 	Schools Education Association (SRSEA);
187.20 	(6) one member appointed by the National Alliance on Mental Illness Minnesota;
187.21 	(7) two members representing people with lived experience being served by state-operated 
187.22 	treatment programs or their families, appointed by the commissioner;
187.23 	(8) one member appointed by the Minnesota Disability Law Center; and
187.24 	(9) up to three additional members appointed by the commissioner reflecting community 
187.25 	interests or perspectives the commissioner deems valuable.
187.26 	(b) Membership on the advisory council must include representation from outside the 
187.27 	seven-county metropolitan area, as defined in section 473.121, subdivision 2.
187.28 	(c) Appointing authorities under paragraph (a) must make initial appointments by 
187.29 	September 1, 2025.
188.1 		Subd. 3.Terms; compensation; removal; vacancies; expiration. (a) The membership 
188.2 	terms, compensation, removal of members, and filling of vacancies of members are as 
188.3 	provided in section 15.059, except that council members shall not receive a per diem.
188.4 	(b) The advisory council does not expire.
188.5 		Subd. 4.Meetings. (a) The members of the advisory council shall elect a chair from 
188.6 	among their membership at the first meeting and annually thereafter or upon a vacancy in 
188.7 	the chair. The advisory council shall meet at the call of the commissioner, the call of the 
188.8 	chair, or upon the call of a majority of members.
188.9 	(b) The first meeting of the advisory council must be held no later than September 15, 
188.10 	2025.
188.11 		Subd. 5.Duties. The advisory council shall advise the commissioner regarding the 
188.12 	operations of the Department of Direct Care and Treatment, the clinical standards of care 
188.13 	for patients and clients of state-operated programs, and provide recommendations to the 
188.14 	commissioner for improving the department's role in the state's mental health care system.

188.15 	Sec. 15. Minnesota Statutes 2024, section 246C.08, is amended to read:
188.16 	246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
188.17 		Subdivision 1.Service. (a) The direct care and treatment chief executive officer is 
188.18 	appointed by the executive board, in consultation with the governor, and serves at the 
188.19 	pleasure of the executive board, with the advice and consent of the senate commissioner, 
188.20 	and is the deputy commissioner for the purposes of section 15.06.
188.21 	(b) The chief executive officer shall serve in the unclassified service in accordance with 
188.22 	section 43A.08. The Compensation Council under section 15A.082 shall establish the salary 
188.23 	of the chief executive officer.
188.24 		Subd. 2.Powers and duties. (a) The chief executive officer's primary duty is to assist 
188.25 	the executive board commissioner. The chief executive officer is responsible for the 
188.26 	administrative and operational management of the agency.
188.27 	(b) The chief executive officer shall have all the powers of the executive board unless 
188.28 	the executive board directs otherwise. The chief executive officer shall have the authority 
188.29 	to speak for the executive board and Direct Care and Treatment within and outside the 
188.30 	agency.
188.31 	(c) (b) In the event that a vacancy occurs for any reason within the chief executive officer 
188.32 	position, the executive medical director appointed under section 246C.09 shall immediately 
189.1 	become the temporary chief executive officer until the executive board commissioner
189.2 	appoints a new chief executive officer. During this period, the executive medical director 
189.3 	shall have all the powers and authority delegated to the chief executive officer by the board
189.4 	commissioner and specified in this chapter.
189.5 		Subd. 3.Minimum qualifications. The chief executive officer must be selected by the 
189.6 	commissioner without regard to political affiliation and must have wide and successful 
189.7 	administrative experience in and understanding of health care, preferably behavioral health 
189.8 	care, including clinical and operational needs of a large health care service and delivery 
189.9 	organization.

189.10 	Sec. 16. Minnesota Statutes 2024, section 246C.09, subdivision 3, is amended to read:
189.11 		Subd. 3.Duties. The executive medical director shall:
189.12 	(1) oversee the clinical provision of inpatient mental health services provided in the 
189.13 	state's regional treatment centers;
189.14 	(2) recruit and retain psychiatrists to serve on the Direct Care and Treatment department
189.15 	medical staff established in subdivision 4;
189.16 	(3) consult with the executive board, the chief executive officer, commissioner, the chief 
189.17 	executive officer, and community mental health center directors to develop standards for 
189.18 	treatment and care of patients in state-operated service programs;
189.19 	(4) develop and oversee a continuing education program for members of the medical 
189.20 	staff; and
189.21 	(5) participate and cooperate in the development and maintenance of a quality assurance 
189.22 	program for state-operated services that assures that residents receive continuous quality 
189.23 	inpatient, outpatient, and postdischarge care.

189.24 	Sec. 17. Minnesota Statutes 2024, section 246C.091, subdivision 2, is amended to read:
189.25 		Subd. 2.Facilities management account. A facilities management account is created 
189.26 	in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the 
189.27 	account is appropriated to the commissioner of direct care and treatment executive board
189.28 	and may be used to maintain buildings, acquire facilities, renovate existing buildings, or 
189.29 	acquire land for the design and construction of buildings for Direct Care and Treatment
189.30 	department use. Money received for maintaining state property under control of the executive 
189.31 	board commissioner may be deposited into this account.

190.1 	Sec. 18. Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:
190.2 		Subd. 3.Direct care and treatment systems account. (a) The direct care and treatment 
190.3 	systems account is created in the special revenue fund of the state treasury. Beginning July 
190.4 	1, 2025, money in the account is appropriated to the commissioner of direct care and 
190.5 	treatment executive board and may be used for security systems and information technology 
190.6 	projects, services, and support under the control of the executive board commissioner.
190.7 	(b) The commissioner of human services shall transfer all money allocated to the direct 
190.8 	care and treatment systems projects under section 256.014 to the direct care and treatment 
190.9 	systems account under this section by June 30, 2026.

190.10 	Sec. 19. Minnesota Statutes 2024, section 246C.091, subdivision 4, is amended to read:
190.11 		Subd. 4.Cemetery maintenance account. The cemetery maintenance account is created 
190.12 	in the special revenue fund of the state treasury. Money in the account is appropriated to 
190.13 	the executive board commissioner of direct care and treatment for the maintenance of 
190.14 	cemeteries under control of the executive board commissioner. Money allocated to Direct 
190.15 	Care and Treatment department cemeteries may be transferred to this account.

190.16 	Sec. 20. Laws 2024, chapter 127, article 50, section 41, subdivision 2, is amended to read:
190.17 		Subd. 2.Chief executive officer. (a) The commissioner of direct care and treatment 
190.18 	executive board must appoint as the initial chief executive officer for direct care and treatment 
190.19 	under Minnesota Statutes, section 246C.07 246C.08, the chief executive officer of the direct 
190.20 	care and treatment division of the Department of Human Services holding that position at 
190.21 	the time the initial appointment is made by the board commissioner. The initial appointment 
190.22 	of the chief executive officer must be made by the executive board commissioner by July 
190.23 	1, 2025. The initial appointment of the chief executive officer is subject to confirmation by 
190.24 	the senate.
190.25 	(b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes, 
190.26 	section 15A.082, must establish the salary of the chief executive officer at an amount equal 
190.27 	to or greater than the amount paid to the chief executive officer of the direct care and 
190.28 	treatment division of the Department of Human Services as of the date of initial appointment. 
190.29 	The salary of the chief executive officer shall become effective July 1, 2025, pursuant to 
190.30 	Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes, 
190.31 	sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive 
190.32 	officer occurs prior to the effective date of the salary specified by the Compensation Council 
190.33 	in its April 1, 2025, report, the salary of the chief executive officer must equal the amount 
191.1 	paid to the chief executive officer of the direct care and treatment division of the Department 
191.2 	of Human Services as of the date of initial appointment.

191.3 	Sec. 21. INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE 
191.4 	AND TREATMENT.
 191.5 	The initial appointment of a commissioner of direct care and treatment or initial 
191.6 	designation of a temporary commissioner of direct care and treatment by the governor under 
191.7 	Minnesota Statutes, section 15.06, must be made by July 1, 2025. Notwithstanding Minnesota 
191.8 	Statutes, section 15.066, subdivision 2, clause (4), the initial appointment of a commissioner 
191.9 	of direct care and treatment or initial designation of a temporary commissioner of direct 
191.10 	care and treatment is effective no earlier than July 1, 2025.

191.11 	Sec. 22. SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF 
191.12 	DIRECT CARE AND TREATMENT.
 191.13 	If the initial appointment of the commissioner of the Department of Direct Care and 
191.14 	Treatment occurs prior to the commissioner's salary being determined by the Compensation 
191.15 	Council under Minnesota Statutes, section 15A.082, the commissioner's salary must equal 
191.16 	the salary of the chief executive officer of direct care and treatment, as determined under 
191.17 	Minnesota Statutes, section 15A.0815, subdivision 2.

191.18 	EFFECTIVE DATE. This section is effective the day following final enactment and 
191.19 	expires upon adoption by the Compensation Council of a salary for the position of 
191.20 	commissioner of the Department of Direct Care and Treatment.

191.21 	Sec. 23. DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE 
191.22 	BOARD.
 191.23 		Subdivision 1.Dissolution of executive board. Upon the effective date of this section, 
191.24 	the direct care and treatment executive board under Minnesota Statutes, section 246C.06, 
191.25 	is dissolved.
191.26 		Subd. 2.Transfer of duties. (a) Any authorities and responsibilities that were vested 
191.27 	in the executive board prior to July 1, 2025, are transferred to the commissioner of human 
191.28 	services. Minnesota Statutes, section 15.039, applies to the transfer of responsibilities from 
191.29 	the direct care and treatment executive board to the commissioner of human services between 
191.30 	the effective date of this section and July 1, 2025.
192.1 	(b) Minnesota Statutes, section 246C.04, governs the transfer of authority and 
192.2 	responsibility on July 1, 2025, from the commissioner of human services to the commissioner 
192.3 	of direct care and treatment.

192.4 	Sec. 24. REVISOR INSTRUCTION.
 192.5 	(a) The revisor of statutes shall change the term "Direct Care and Treatment" to "the 
192.6 	Department of Direct Care and Treatment" and "agency" to "department" wherever the 
192.7 	terms appear in respect to the governmental entity with programmatic direction and fiscal 
192.8 	control over state-operated services, programs, or facilities under Minnesota Statutes, chapter 
192.9 	246C. The revisor may make technical and other necessary changes to sentence structure 
192.10 	to preserve the meaning of the text.
192.11 	(b) The revisor of statutes shall change the term "executive board" to "commissioner" 
192.12 	and "Direct Care and Treatment executive board" to "commissioner of direct care and 
192.13 	treatment" wherever the terms appear in respect to the head of the governmental entity with 
192.14 	programmatic direction and fiscal control over state-operated services, programs, or facilities 
192.15 	under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary 
192.16 	changes to sentence structure to preserve the meaning of the text.

192.17 	Sec. 25. REVISOR INSTRUCTION.
 192.18 	The revisor of statutes, in consultation with the House Research Department; the Office 
192.19 	of Senate Counsel, Research and Fiscal Analysis; the Department of Human Services; and 
192.20 	the Department of Direct Care and Treatment, shall make necessary cross-reference changes 
192.21 	to conform with this act. The revisor may make technical and other necessary changes to 
192.22 	sentence structure to preserve the meaning of the text. The revisor may alter the coding in 
192.23 	this act to incorporate statutory changes made by other law in the 2025 regular legislative 
192.24 	session.

192.25 	Sec. 26. REVISOR INSTRUCTION.
 192.26 	The revisor of statutes shall renumber Minnesota Statutes, section 246C.06, subdivision 
192.27 	11, as Minnesota Statutes, section 246C.07, subdivision 4a, and correct all cross-references.

192.28 	Sec. 27. REPEALER.
 192.29 	(a) Minnesota Statutes 2024, sections 246C.015, subdivisions 5a and 6; 246C.06, 
192.30 	subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; and 246C.07, subdivisions 4 and 5, are repealed.
192.31 	(b) Laws 2024, chapter 79, article 1, section 20, is repealed.
193.1 	(c) Laws 2024, chapter 125, article 5, sections 40; and 41; and Laws 2024, chapter 127, 
193.2 	article 50, sections 40; and 41, subdivisions 1, and 3, are repealed retroactive to July 1, 
193.3 	2024.

193.4 	Sec. 28. EFFECTIVE DATE.
 193.5 	This article is effective the day following final enactment.

193.6 	ARTICLE 8
193.7 	DEPARTMENT OF DIRECT CARE AND TREATMENT CONFORMING CHANGES

193.8 	Section 1. Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read:
193.9 		Subd. 2.Agency head salaries. The salary for a position listed in this subdivision shall 
193.10 	be determined by the Compensation Council under section 15A.082. The commissioner of 
193.11 	management and budget must publish the salaries on the department's website. This 
193.12 	subdivision applies to the following positions:
193.13 	Commissioner of administration;
193.14 	Commissioner of agriculture;
193.15 	Commissioner of education;
193.16 	Commissioner of children, youth, and families;
193.17 	Commissioner of commerce;
193.18 	Commissioner of corrections;
193.19 	Commissioner of health;
193.20 	Commissioner, Minnesota Office of Higher Education;
193.21 	Commissioner, Minnesota IT Services;
193.22 	Commissioner, Housing Finance Agency;
193.23 	Commissioner of human rights;
193.24 	Commissioner of human services;
193.25 	Commissioner of labor and industry;
193.26 	Commissioner of management and budget;
193.27 	Commissioner of natural resources;
193.28 	Commissioner, Pollution Control Agency;
194.1 	Commissioner of public safety;
194.2 	Commissioner of revenue;
194.3 	Commissioner of employment and economic development;
194.4 	Commissioner of transportation;
194.5 	Commissioner of veterans affairs;
194.6 	Commissioner of direct care and treatment;
194.7 	Executive director of the Gambling Control Board;
194.8 	Executive director of the Minnesota State Lottery;
194.9 	Executive director of the Office of Cannabis Management;
194.10 	Commissioner of Iron Range resources and rehabilitation;
194.11 	Commissioner, Bureau of Mediation Services;
194.12 	Ombudsman for mental health and developmental disabilities;
194.13 	Ombudsperson for corrections;
194.14 	Chair, Metropolitan Council;
194.15 	Chair, Metropolitan Airports Commission;
194.16 	School trust lands director;
194.17 	Executive director of pari-mutuel racing;
194.18 	Commissioner, Public Utilities Commission;
194.19 	Chief Executive Officer, Direct Care and Treatment; and
194.20 	Director of the Office of Emergency Medical Services.

194.21 	Sec. 2. Minnesota Statutes 2024, section 15A.082, subdivision 1, is amended to read:
194.22 		Subdivision 1.Creation. A Compensation Council is created each odd-numbered year 
194.23 	to establish the compensation of constitutional officers and the heads of state and metropolitan 
194.24 	agencies identified in section 15A.0815, and to assist the legislature in establishing the 
194.25 	compensation of justices of the supreme court and judges of the court of appeals and district 
194.26 	court, and to determine the daily compensation for voting members of the Direct Care and 
194.27 	Treatment executive board.

195.1 	Sec. 3. Minnesota Statutes 2024, section 15A.082, subdivision 3, is amended to read:
195.2 		Subd. 3.Submission of recommendations and determination. (a) By April 1 in each 
195.3 	odd-numbered year, the Compensation Council shall submit to the speaker of the house and 
195.4 	the president of the senate salary recommendations for justices of the supreme court, and 
195.5 	judges of the court of appeals and district court. The recommended salaries take effect on 
195.6 	July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
195.7 	the council recommends thereafter, unless the legislature by law provides otherwise. The 
195.8 	salary recommendations take effect if an appropriation of money to pay the recommended 
195.9 	salaries is enacted after the recommendations are submitted and before their effective date. 
195.10 	Recommendations may be expressly modified or rejected.
195.11 	(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
195.12 	salaries for constitutional officers, and for the agency and metropolitan agency heads 
195.13 	identified in section 15A.0815. The prescribed salary for each office must take effect July 
195.14 	1 of that year and July 1 of the subsequent even-numbered year and at whatever interval 
195.15 	the council determines thereafter, unless the legislature by law provides otherwise. An 
195.16 	appropriation by the legislature to fund the relevant office, branch, or agency of an amount 
195.17 	sufficient to pay the salaries prescribed by the council constitutes a prescription by law as 
195.18 	provided in the Minnesota Constitution, article V, sections 4 and 5.
195.19 	(c) By April 1 in each odd-numbered year, the Compensation Council must prescribe 
195.20 	daily compensation for voting members of the Direct Care and Treatment executive board. 
195.21 	The recommended daily compensation takes effect on July 1 of that year and July 1 of the 
195.22 	subsequent even-numbered year and at whatever interval the council recommends thereafter, 
195.23 	unless the legislature by law provides otherwise.

195.24 	Sec. 4. Minnesota Statutes 2024, section 15A.082, subdivision 7, is amended to read:
195.25 		Subd. 7.No ex parte communications. Members may not have any communication 
195.26 	with a constitutional officer, a head of a state agency, or a member of the judiciary, or a 
195.27 	member of the Direct Care and Treatment executive board during the period after the first 
195.28 	meeting is convened under this section and the date the prescribed and recommended salaries 
195.29 	and daily compensation are submitted under subdivision 3.

195.30 	Sec. 5. Minnesota Statutes 2024, section 43A.08, subdivision 1, is amended to read:
195.31 		Subdivision 1.Unclassified positions.  Unclassified positions are held by employees 
195.32 	who are:
196.1 	(1) chosen by election or appointed to fill an elective office;
196.2 	(2) heads of agencies required by law to be appointed by the governor or other elective 
196.3 	officers, and the executive or administrative heads of departments, bureaus, divisions, and 
196.4 	institutions specifically established by law in the unclassified service;
196.5 	(3) deputy and assistant agency heads and one confidential secretary in the agencies 
196.6 	listed in subdivision 1a;
196.7 	(4) the confidential secretary to each of the elective officers of this state and, for the 
196.8 	secretary of state and state auditor, an additional deputy, clerk, or employee;
196.9 	(5) intermittent help employed by the commissioner of public safety to assist in the 
196.10 	issuance of vehicle licenses;
196.11 	(6) employees in the offices of the governor and of the lieutenant governor and one 
196.12 	confidential employee for the governor in the Office of the Adjutant General;
196.13 	(7) employees of the Washington, D.C., office of the state of Minnesota;
196.14 	(8) employees of the legislature and of legislative committees or commissions; provided 
196.15 	that employees of the Legislative Audit Commission, except for the legislative auditor, the 
196.16 	deputy legislative auditors, and their confidential secretaries, shall be employees in the 
196.17 	classified service;
196.18 	(9) presidents, vice-presidents, deans, other managers and professionals in academic 
196.19 	and academic support programs, administrative or service faculty, teachers, research 
196.20 	assistants, and student employees eligible under terms of the federal Economic Opportunity 
196.21 	Act work study program in the Perpich Center for Arts Education and the Minnesota State 
196.22 	Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any 
196.23 	professional or managerial employee performing duties in connection with the business 
196.24 	administration of these institutions;
196.25 	(10) officers and enlisted persons in the National Guard;
196.26 	(11) attorneys, legal assistants, and three confidential employees appointed by the attorney 
196.27 	general or employed with the attorney general's authorization;
196.28 	(12) judges and all employees of the judicial branch, referees, receivers, jurors, and 
196.29 	notaries public, except referees and adjusters employed by the Department of Labor and 
196.30 	Industry;
196.31 	(13) members of the State Patrol; provided that selection and appointment of State Patrol 
196.32 	troopers must be made in accordance with applicable laws governing the classified service;
197.1 	(14) examination monitors and intermittent training instructors employed by the 
197.2 	Departments of Management and Budget and Commerce and by professional examining 
197.3 	boards and intermittent staff employed by the technical colleges for the administration of 
197.4 	practical skills tests and for the staging of instructional demonstrations;
197.5 	(15) student workers;
197.6 	(16) executive directors or executive secretaries appointed by and reporting to any 
197.7 	policy-making board or commission established by statute;
197.8 	(17) employees unclassified pursuant to other statutory authority;
197.9 	(18) intermittent help employed by the commissioner of agriculture to perform duties 
197.10 	relating to pesticides, fertilizer, and seed regulation;
197.11 	(19) the administrators and the deputy administrators at the State Academies for the 
197.12 	Deaf and the Blind; and
197.13 	(20) the chief executive officer of Direct Care and Treatment who serves as the deputy 
197.14 	agency head.

197.15 	Sec. 6. Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:
197.16 		Subd. 1a.Additional unclassified positions. Appointing authorities for the following 
197.17 	agencies may designate additional unclassified positions according to this subdivision: the 
197.18 	Departments of Administration; Agriculture; Children, Youth, and Families; Commerce; 
197.19 	Corrections; Direct Care and Treatment; Education; Employment and Economic 
197.20 	Development; Explore Minnesota Tourism; Management and Budget; Health; Human 
197.21 	Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue; 
197.22 	Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies; 
197.23 	the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the 
197.24 	Department of Information Technology Services; the Offices of the Attorney General, 
197.25 	Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the 
197.26 	Minnesota Office of Higher Education; the Perpich Center for Arts Education; Direct Care 
197.27 	and Treatment; the Minnesota Zoological Board; and the Office of Emergency Medical 
197.28 	Services.
197.29 	A position designated by an appointing authority according to this subdivision must 
197.30 	meet the following standards and criteria:
197.31 	(1) the designation of the position would not be contrary to other law relating specifically 
197.32 	to that agency;
198.1 	(2) the person occupying the position would report directly to the agency head or deputy 
198.2 	agency head and would be designated as part of the agency head's management team;
198.3 	(3) the duties of the position would involve significant discretion and substantial 
198.4 	involvement in the development, interpretation, and implementation of agency policy;
198.5 	(4) the duties of the position would not require primarily personnel, accounting, or other 
198.6 	technical expertise where continuity in the position would be important;
198.7 	(5) there would be a need for the person occupying the position to be accountable to, 
198.8 	loyal to, and compatible with, the governor and the agency head, the employing statutory 
198.9 	board or commission, or the employing constitutional officer;
198.10 	(6) the position would be at the level of division or bureau director or assistant to the 
198.11 	agency head; and
198.12 	(7) the commissioner has approved the designation as being consistent with the standards 
198.13 	and criteria in this subdivision.

198.14 	Sec. 7. Minnesota Statutes 2024, section 245.021, is amended to read:
198.15 	245.021 DEFINITIONS DEFINITION.
198.16 	(a) For the purposes of this chapter, the definitions definition in this section have has
198.17 	the meanings meaning given them.
198.18 	(b) "Commissioner" means the commissioner of human services.
198.19 	(c) "Executive board" has the meaning given in section 246C.015.

198.20 	Sec. 8. Minnesota Statutes 2024, section 245.073, is amended to read:
198.21 	245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.
198.22 	(a) In conjunction with the discharge of persons from regional treatment centers and 
198.23 	their admission to state-operated and privately operated community-based programs, the 
198.24 	commissioner may provide technical training assistance to the community-based programs. 
198.25 	The commissioner may apply for and accept money from any source including reimbursement 
198.26 	charges from the community-based programs for reasonable costs of training. Money 
198.27 	received must be deposited in the general fund and is appropriated annually to the 
198.28 	commissioner of human services for training under this section.
198.29 	(b) The commissioner must coordinate with the executive board commissioner of direct 
198.30 	care and treatment or the commissioner's designee to provide technical training assistance 
198.31 	to community-based programs under this section and section 246C.11, subdivision 5.

199.1 	Sec. 9. Minnesota Statutes 2024, section 246.13, subdivision 1, is amended to read:
199.2 		Subdivision 1.Executive board Record responsibilities. (a) The chief executive officer 
199.3 	or a designee shall have, accessible only by consent of the executive board commissioner
199.4 	or on the order of a judge or court of record, a record showing:
199.5 	(1) the residence, sex, age, nativity, occupation, civil condition, and date of entrance or 
199.6 	commitment of every person, in the state-operated services facilities as defined under section 
199.7 	246C.02 under exclusive control of the executive board commissioner;
199.8 	(2) the date of discharge of any such person and whether such discharge was final;
199.9 	(3) the condition of the person when the person left the state-operated services facility;
199.10 	(4) the vulnerable adult abuse prevention associated with the person; and
199.11 	(5) the date and cause of any death of such person.
199.12 	(b) The record in paragraph (a) must state every transfer of a person from one 
199.13 	state-operated services facility to another, naming each state-operated services facility. The 
199.14 	head of each facility or a designee must provide this transfer information to the executive 
199.15 	board commissioner, along with other obtainable facts as the executive board commissioner
199.16 	requests.
199.17 	(c) The head of the state-operated services facility or designee shall inform the executive 
199.18 	board commissioner of any discharge, transfer, or death of a person in that facility within 
199.19 	ten days of the date of discharge, transfer, or death in a manner determined by the executive 
199.20 	board commissioner.
199.21 	(d) The executive board commissioner shall maintain an adequate system of records and 
199.22 	statistics for all basic record forms, including patient personal records and medical record 
199.23 	forms. The use and maintenance of such records must be consistent throughout all 
199.24 	state-operated services facilities.

199.25 	Sec. 10. Minnesota Statutes 2024, section 246B.01, is amended by adding a subdivision 
199.26 	to read:
199.27 		Subd. 2e.Commissioner. "Commissioner" means the commissioner of direct care and 
199.28 	treatment.

199.29 	Sec. 11. Minnesota Statutes 2024, section 252.021, is amended by adding a subdivision 
199.30 	to read:
199.31 		Subd. 4.Commissioner. "Commissioner" means the commissioner of human services.

200.1 	Sec. 12. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:
200.2 		Subd. 5.Location of programs. (a) In determining the location of state-operated, 
200.3 	community-based programs, the needs of the individual client shall be paramount. The 
200.4 	executive board commissioner of direct care and treatment shall also take into account:
200.5 	(1) prioritization of beds in state-operated, community-based programs for individuals 
200.6 	with complex behavioral needs that cannot be met by private community-based providers;
200.7 	(2) choices made by individuals who chose to move to a more integrated setting, and 
200.8 	shall coordinate with the lead agency to ensure that appropriate person-centered transition 
200.9 	plans are created;
200.10 	(3) the personal preferences of the persons being served and their families as determined 
200.11 	by Minnesota Rules, parts 9525.0004 to 9525.0036;
200.12 	(4) the location of the support services established by the individual service plans of the 
200.13 	persons being served;
200.14 	(5) the appropriate grouping of the persons served;
200.15 	(6) the availability of qualified staff;
200.16 	(7) the need for state-operated, community-based programs in the geographical region 
200.17 	of the state; and
200.18 	(8) a reasonable commuting distance from a regional treatment center or the residences 
200.19 	of the program staff.
200.20 	(b) The executive boardcommissioner of direct care and treatment must locate 
200.21 	state-operated, community-based programs in coordination with the commissioner of human 
200.22 	services according to section 252.28.

200.23 	Sec. 13. Minnesota Statutes 2024, section 253.195, is amended by adding a subdivision 
200.24 	to read:
200.25 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
200.26 	treatment.

200.27 	Sec. 14. Minnesota Statutes 2024, section 253B.02, is amended by adding a subdivision 
200.28 	to read:
200.29 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
200.30 	treatment.

201.1 	Sec. 15. Minnesota Statutes 2024, section 253B.02, subdivision 3, is amended to read:
201.2 		Subd. 3.Commissioner of human services. "Commissioner of human services" means 
201.3 	the commissioner of human services or the commissioner's designee.

201.4 	Sec. 16. Minnesota Statutes 2024, section 253B.02, subdivision 4c, is amended to read:
201.5 		Subd. 4c.County of financial responsibility. (a) "County of financial responsibility" 
201.6 	has the meaning specified in chapter 256G. This definition does not require that the person 
201.7 	qualifies for or receives any other form of financial, medical, or social service assistance 
201.8 	in addition to the services under this chapter. Disputes about the county of financial 
201.9 	responsibility shall be submitted for determination to the executive board commissioner
201.10 	through the commissioner of human services in the manner prescribed in section 256G.09.
201.11 	(b) For purposes of proper venue for filing a petition pursuant to section 253B.064, 
201.12 	subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the 
201.13 	designated agency of a county has determined that it is the county of financial responsibility, 
201.14 	then that county is the county of financial responsibility until a different determination is 
201.15 	made by the appropriate county agencies or the commissioner of human services pursuant 
201.16 	to chapter 256G.

201.17 	Sec. 17. Minnesota Statutes 2024, section 253B.03, subdivision 7, is amended to read:
201.18 		Subd. 7.Treatment plan. A patient receiving services under this chapter has the right 
201.19 	to receive proper care and treatment, best adapted, according to contemporary professional 
201.20 	standards, to rendering further supervision unnecessary. The treatment facility, state-operated 
201.21 	treatment program, or community-based treatment program shall devise a written treatment 
201.22 	plan for each patient which describes in behavioral terms the case problems, the precise 
201.23 	goals, including the expected period of time for treatment, and the specific measures to be 
201.24 	employed. The development and review of treatment plans must be conducted as required 
201.25 	under the license or certification of the treatment facility, state-operated treatment program, 
201.26 	or community-based treatment program. If there are no review requirements under the 
201.27 	license or certification, the treatment plan must be reviewed quarterly. The treatment plan 
201.28 	shall be devised and reviewed with the designated agency and with the patient. The clinical 
201.29 	record shall reflect the treatment plan review. If the designated agency or the patient does 
201.30 	not participate in the planning and review, the clinical record shall include reasons for 
201.31 	nonparticipation and the plans for future involvement. The commissioner of human services
201.32 	shall monitor the treatment plan and review process for state-operated treatment programs 
201.33 	to ensure compliance with the provisions of this subdivision.

202.1 	Sec. 18. Minnesota Statutes 2024, section 253B.041, subdivision 4, is amended to read:
202.2 		Subd. 4.Evaluation. Counties may, but are not required to, provide engagement services. 
202.3 	The commissioner of human services may conduct a pilot project evaluating the impact of 
202.4 	engagement services in decreasing commitments, increasing engagement in treatment, and 
202.5 	other measures.

202.6 	Sec. 19. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:
202.7 		Subd. 3a.Reporting judicial commitments; private treatment program or 
202.8 	facility. Notwithstanding section 253B.23, subdivision 9, when a court commits a patient 
202.9 	to a non-state-operated treatment facility or program, the court shall report the commitment 
202.10 	to the commissioner through the supreme court information system for purposes of providing 
202.11 	commitment information for firearm background checks under section 246C.15. If the 
202.12 	patient is committed to a state-operated treatment program, the court shall send a copy of 
202.13 	the commitment order to the commissioner and the executive board.

202.14 	Sec. 20. Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:
202.15 		Subd. 6.Transfer. (a) A patient who is a person who has a mental illness and is 
202.16 	dangerous to the public shall not be transferred out of a secure treatment facility unless it 
202.17 	appears to the satisfaction of the executive board commissioner, after a hearing and favorable 
202.18 	recommendation by a majority of the special review board, that the transfer is appropriate. 
202.19 	Transfer may be to another state-operated treatment program. In those instances where a 
202.20 	commitment also exists to the Department of Corrections, transfer may be to a facility 
202.21 	designated by the commissioner of corrections.
202.22 	(b) The following factors must be considered in determining whether a transfer is 
202.23 	appropriate:
202.24 	(1) the person's clinical progress and present treatment needs;
202.25 	(2) the need for security to accomplish continuing treatment;
202.26 	(3) the need for continued institutionalization;
202.27 	(4) which facility can best meet the person's needs; and
202.28 	(5) whether transfer can be accomplished with a reasonable degree of safety for the 
202.29 	public.
203.1 	(c) If a committed person has been transferred out of a secure treatment facility pursuant 
203.2 	to this subdivision, that committed person may voluntarily return to a secure treatment 
203.3 	facility for a period of up to 60 days with the consent of the head of the treatment facility.
203.4 	(d) If the committed person is not returned to the original, nonsecure transfer facility 
203.5 	within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and 
203.6 	the committed person must remain in a secure treatment facility. The committed person 
203.7 	must immediately be notified in writing of the revocation.
203.8 	(e) Within 15 days of receiving notice of the revocation, the committed person may 
203.9 	petition the special review board for a review of the revocation. The special review board 
203.10 	shall review the circumstances of the revocation and shall recommend to the commissioner 
203.11 	whether or not the revocation should be upheld. The special review board may also 
203.12 	recommend a new transfer at the time of the revocation hearing.
203.13 	(f) No action by the special review board is required if the transfer has not been revoked 
203.14 	and the committed person is returned to the original, nonsecure transfer facility with no 
203.15 	substantive change to the conditions of the transfer ordered under this subdivision.
203.16 	(g) The head of the treatment facility may revoke a transfer made under this subdivision 
203.17 	and require a committed person to return to a secure treatment facility if:
203.18 	(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to 
203.19 	the committed person or others; or
203.20 	(2) the committed person has regressed clinically and the facility to which the committed 
203.21 	person was transferred does not meet the committed person's needs.
203.22 	(h) Upon the revocation of the transfer, the committed person must be immediately 
203.23 	returned to a secure treatment facility. A report documenting the reasons for revocation 
203.24 	must be issued by the head of the treatment facility within seven days after the committed 
203.25 	person is returned to the secure treatment facility. Advance notice to the committed person 
203.26 	of the revocation is not required.
203.27 	(i) The committed person must be provided a copy of the revocation report and informed, 
203.28 	orally and in writing, of the rights of a committed person under this section. The revocation 
203.29 	report must be served upon the committed person, the committed person's counsel, and the 
203.30 	designated agency. The report must outline the specific reasons for the revocation, including 
203.31 	but not limited to the specific facts upon which the revocation is based.
203.32 	(j) If a committed person's transfer is revoked, the committed person may re-petition for 
203.33 	transfer according to subdivision 5.
204.1 	(k) A committed person aggrieved by a transfer revocation decision may petition the 
204.2 	special review board within seven business days after receipt of the revocation report for a 
204.3 	review of the revocation. The matter must be scheduled within 30 days. The special review 
204.4 	board shall review the circumstances leading to the revocation and, after considering the 
204.5 	factors in paragraph (b), shall recommend to the commissioner whether or not the revocation 
204.6 	shall be upheld. The special review board may also recommend a new transfer out of a 
204.7 	secure treatment facility at the time of the revocation hearing.

204.8 	Sec. 21. Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:
204.9 		Subd. 2.Petition; hearing. (a) A patient committed as a person who has a mental illness 
204.10 	and is dangerous to the public under section 253B.18, or the county attorney of the county 
204.11 	from which the patient was committed or the county of financial responsibility, may petition 
204.12 	the judicial appeal panel for a rehearing and reconsideration of a decision by the 
204.13 	commissioner under section 253B.18, subdivision 5. The judicial appeal panel must not 
204.14 	consider petitions for relief other than those considered by the executive board commissioner
204.15 	from which the appeal is taken. The petition must be filed with the supreme court within 
204.16 	30 days after the decision of the executive board commissioner is signed. The hearing must 
204.17 	be held within 45 days of the filing of the petition unless an extension is granted for good 
204.18 	cause.
204.19 	(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the 
204.20 	chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county 
204.21 	attorney of the county of commitment, the designated agency, the executive board
204.22 	commissioner, the head of the facility or program to which the patient was committed, any 
204.23 	interested person, and other persons the chief judge designates, of the time and place of the 
204.24 	hearing on the petition. The notice shall be given at least 14 days prior to the date of the 
204.25 	hearing.
204.26 	(c) Any person may oppose the petition. The patient, the patient's counsel, the county 
204.27 	attorney of the committing county or the county of financial responsibility, and the executive 
204.28 	board commissioner shall participate as parties to the proceeding pending before the judicial 
204.29 	appeal panel and shall, except when the patient is committed solely as a person who has a 
204.30 	mental illness and is dangerous to the public, no later than 20 days before the hearing on 
204.31 	the petition, inform the judicial appeal panel and the opposing party in writing whether they 
204.32 	support or oppose the petition and provide a summary of facts in support of their position. 
204.33 	The judicial appeal panel may appoint court examiners and may adjourn the hearing from 
204.34 	time to time. It shall hear and receive all relevant testimony and evidence and make a record 
205.1 	of all proceedings. The patient, the patient's counsel, and the county attorney of the 
205.2 	committing county or the county of financial responsibility have the right to be present and 
205.3 	may present and cross-examine all witnesses and offer a factual and legal basis in support 
205.4 	of their positions. The petitioning party seeking discharge or provisional discharge bears 
205.5 	the burden of going forward with the evidence, which means presenting a prima facie case 
205.6 	with competent evidence to show that the person is entitled to the requested relief. If the 
205.7 	petitioning party has met this burden, the party opposing discharge or provisional discharge 
205.8 	bears the burden of proof by clear and convincing evidence that the discharge or provisional 
205.9 	discharge should be denied. A party seeking transfer under section 253B.18, subdivision 6, 
205.10 	must establish by a preponderance of the evidence that the transfer is appropriate.

205.11 	Sec. 22. Minnesota Statutes 2024, section 253B.20, subdivision 2, is amended to read:
205.12 		Subd. 2.Necessities. (a) The state-operated treatment program shall make necessary 
205.13 	arrangements at the expense of the state to insure that no patient is discharged or provisionally 
205.14 	discharged without suitable clothing. The head of the state-operated treatment program 
205.15 	shall, if necessary, provide the patient with a sufficient sum of money to secure transportation 
205.16 	home, or to another destination of the patient's choice, if the destination is located within a 
205.17 	reasonable distance of the state-operated treatment program.
205.18 	(b) The commissioner of human services shall establish procedures by rule to help the 
205.19 	patient receive all public assistance benefits provided by state or federal law to which the 
205.20 	patient is entitled by residence and circumstances. The rule shall be uniformly applied in 
205.21 	all counties. All counties shall provide temporary relief whenever necessary to meet the 
205.22 	intent of this subdivision.
205.23 	(c) The commissioner of human services and the executive board commissioner may 
205.24 	adopt joint rules necessary to accomplish the requirements under paragraph (b).

205.25 	Sec. 23. Minnesota Statutes 2024, section 253D.02, is amended by adding a subdivision 
205.26 	to read:
205.27 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of direct care and 
205.28 	treatment.

205.29 	Sec. 24. Minnesota Statutes 2024, section 253D.02, subdivision 3, is amended to read:
205.30 		Subd. 3.Commissioner of corrections. "Commissioner of corrections" means the 
205.31 	commissioner of corrections or the commissioner's designee.

206.1 	Sec. 25. Minnesota Statutes 2024, section 254B.05, subdivision 4, is amended to read:
206.2 		Subd. 4.Regional treatment centers. Regional treatment center substance use disorder 
206.3 	treatment units are eligible vendors. The executive board commissioner of direct care and 
206.4 	treatment may expand the capacity of substance use disorder treatment units beyond the 
206.5 	capacity funded by direct legislative appropriation to serve individuals who are referred for 
206.6 	treatment by counties and whose treatment will be paid for by funding under this chapter 
206.7 	or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.04, 
206.8 	payment for any person committed at county request to a regional treatment center under 
206.9 	chapter 253B for chemical dependency treatment and determined to be ineligible under the 
206.10 	behavioral health fund, shall become the responsibility of the county.

206.11 	Sec. 26. Minnesota Statutes 2024, section 256.045, is amended by adding a subdivision 
206.12 	to read:
206.13 		Subd. 1b.Commissioner. For purposes of this section, "commissioner" means the 
206.14 	commissioner of human services.

206.15 	Sec. 27. Minnesota Statutes 2024, section 256.045, subdivision 6, is amended to read:
206.16 		Subd. 6.Additional powers of commissioner; subpoenas. (a) The commissioner of 
206.17 	human services, the commissioner of health for matters within the commissioner's jurisdiction 
206.18 	under subdivision 3b, or the Direct Care and Treatment executive board commissioner of 
206.19 	direct care and treatment for matters within the commissioner's jurisdiction of the executive 
206.20 	board under subdivision 5a, may initiate a review of any action or decision of a county 
206.21 	agency and direct that the matter be presented to a state human services judge for a hearing 
206.22 	held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed 
206.23 	by law to the discretion of the county agency, the judgment of the applicable commissioner 
206.24 	or executive board may be substituted for that of the county agency. The applicable 
206.25 	commissioner or executive board may order an independent examination when appropriate.
206.26 	(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that 
206.27 	the applicable commissioner or executive board issue a subpoena to compel the attendance 
206.28 	of witnesses and the production of records at the hearing. A local agency may request that 
206.29 	the applicable commissioner or executive board issue a subpoena to compel the release of 
206.30 	information from third parties prior to a request for a hearing under section 256.046 upon 
206.31 	a showing of relevance to such a proceeding. The issuance, service, and enforcement of 
206.32 	subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules 
206.33 	of Civil Procedure.
207.1 	(c) The commissioner of human services may issue a temporary order staying a proposed 
207.2 	demission by a residential facility licensed under chapter 245A:
207.3 	(1) while an appeal by a recipient under subdivision 3 is pending;
207.4 	(2) for the period of time necessary for the case management provider to implement the 
207.5 	commissioner's order; or
207.6 	(3) for appeals under subdivision 3, paragraph (a), clause (11), when the individual is 
207.7 	seeking a temporary stay of demission on the basis that the county has not yet finalized an 
207.8 	alternative arrangement for a residential facility, a program, or services that will meet the 
207.9 	assessed needs of the individual by the effective date of the service termination, a temporary 
207.10 	stay of demission may be issued for no more than 30 calendar days to allow for such 
207.11 	arrangements to be finalized.

207.12 	Sec. 28. Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
207.13 		Subd. 7.Judicial review. Except for a prepaid health plan, any party who is aggrieved 
207.14 	by an order of the commissioner of human services; the commissioner of health; or the 
207.15 	commissioner of children, youth, and families in appeals within the commissioner's 
207.16 	jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board
207.17 	commissioner of direct care and treatment in appeals within the commissioner's jurisdiction 
207.18 	of the executive board under subdivision 5a may appeal the order to the district court of the 
207.19 	county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county 
207.20 	where the maltreatment occurred, by serving a written copy of a notice of appeal upon the 
207.21 	applicable commissioner or executive board and any adverse party of record within 30 days 
207.22 	after the date the commissioner or executive board issued the order, the amended order, or 
207.23 	order affirming the original order, and by filing the original notice and proof of service with 
207.24 	the court administrator of the district court. Service may be made personally or by mail; 
207.25 	service by mail is complete upon mailing; no filing fee shall be required by the court 
207.26 	administrator in appeals taken pursuant to this subdivision, with the exception of appeals 
207.27 	taken under subdivision 3b. The applicable commissioner or executive board may elect to 
207.28 	become a party to the proceedings in the district court. Except for appeals under subdivision 
207.29 	3b, any party may demand that the applicable commissioner or executive board furnish all 
207.30 	parties to the proceedings with a copy of the decision, and a transcript of any testimony, 
207.31 	evidence, or other supporting papers from the hearing held before the human services judge, 
207.32 	by serving a written demand upon the applicable commissioner or executive board within 
207.33 	30 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse 
207.34 	party to obey an order issued by the applicable commissioner or executive board under 
208.1 	subdivision 5 or 5a may compel performance according to the order in the manner prescribed 
208.2 	in sections 586.01 to 586.12.

208.3 	Sec. 29. Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:
208.4 		Subd. 3.Commissioner obligations. (a) Except as provided in paragraph (b) for matters 
208.5 	under the jurisdiction of the Direct Care and Treatment executive board commissioner of 
208.6 	direct care and treatment, the commissioner shall then promptly decide any question of 
208.7 	financial responsibility as outlined in this chapter and make an order referring the application 
208.8 	to the local agency of the proper county for further action. Further action may include 
208.9 	reimbursement by that county of assistance that another county has provided to the applicant 
208.10 	under this subdivision. The commissioner shall decide disputes within 60 days of the last 
208.11 	county evidentiary submission and shall issue an immediate opinion.
208.12 	(b) For disputes regarding financial responsibility relating to matters under the jurisdiction 
208.13 	of the direct care and treatment executive board commissioner of direct care and treatment, 
208.14 	the commissioner shall promptly issue an advisory opinion on any question of financial 
208.15 	responsibility as outlined in this chapter and recommend to the executive board commissioner 
208.16 	of direct care and treatment an order referring the application to the local agency of the 
208.17 	proper county for further action. Further action may include reimbursement by that county 
208.18 	of assistance that another county has provided to the applicant under this subdivision. The 
208.19 	commissioner shall provide an advisory opinion and recommended order to the executive 
208.20 	board commissioner of direct care and treatment within 30 days of the last county evidentiary 
208.21 	submission. The executive board commissioner of direct care and treatment shall decide to 
208.22 	accept or reject the commissioner's advisory opinion and recommended order within 60 
208.23 	days of the last county evidentiary submission and shall issue an immediate opinion stating 
208.24 	the reasons for accepting or rejecting the commissioner's recommendation.
208.25 	(c) The commissioner may make any investigation it the commissioner considers proper 
208.26 	before making a decision or a recommendation to the executive board commissioner of 
208.27 	direct care and treatment. The commissioner may prescribe rules it the commissioner
208.28 	considers necessary to carry out this subdivision except that the commissioner must not 
208.29 	create rules purporting to bind the executive board's decision of the commissioner of direct 
208.30 	care and treatment on any advisory opinion or recommended order under paragraph (b).
208.31 	(d) Except as provided in paragraph (e) for matters under the jurisdiction of the executive 
208.32 	board commissioner of direct care and treatment, the order of the commissioner binds the 
208.33 	local agency involved and the applicant or recipient. That agency shall comply with the 
209.1 	order unless reversed on appeal as provided in section 256.045, subdivision 7. The agency 
209.2 	shall comply with the order pending the appeal.
209.3 	(e) For disputes regarding financial responsibility relating to matters under the jurisdiction 
209.4 	of the Direct Care and Treatment executive board commissioner of direct care and treatment, 
209.5 	the order of the executive board commissioner of direct care and treatment binds the local 
209.6 	agency involved and the applicant or recipient. That agency shall comply with the order of 
209.7 	the executive board commissioner of direct care and treatment unless the order is reversed 
209.8 	on appeal as provided in section 256.045, subdivision 7. The agency shall comply with the 
209.9 	order of the executive board commissioner of direct care and treatment pending the appeal.

209.10 	Sec. 30. Minnesota Statutes 2024, section 352.91, subdivision 2a, is amended to read:
209.11 		Subd. 2a.Special teachers. "Covered correctional service" also means service rendered 
209.12 	by a state employee as a special teacher employed by the Department of Corrections or by 
209.13 	the Department of Direct Care and Treatment at a security unit, provided that at least 75 
209.14 	percent of the employee's working time is spent in direct contact with inmates or patients 
209.15 	and the fact of this direct contact is certified to the executive director by the appropriate 
209.16 	commissioner or executive board, unless the person elects to retain the current retirement 
209.17 	coverage under Laws 1996, chapter 408, article 8, section 21.

209.18 	Sec. 31. Minnesota Statutes 2024, section 352.91, subdivision 3c, is amended to read:
209.19 		Subd. 3c.Nursing personnel. (a) "Covered correctional service" means service by a 
209.20 	state employee in one of the employment positions at a correctional facility, in the 
209.21 	state-operated forensic services program, or in the Minnesota Sex Offender Program that 
209.22 	are specified in paragraph (b) if at least 75 percent of the employee's working time is spent 
209.23 	in direct contact with inmates or patients and the fact of this direct contact is certified to the 
209.24 	executive director by the appropriate commissioner or executive board.
209.25 	(b) The employment positions are as follows:
209.26 	(1) registered nurse - senior;
209.27 	(2) registered nurse;
209.28 	(3) registered nurse - principal;
209.29 	(4) licensed practical nurse;
209.30 	(5) registered nurse advance practice; and
209.31 	(6) psychiatric advance practice registered nurse.

210.1 	Sec. 32. Minnesota Statutes 2024, section 352.91, subdivision 3d, is amended to read:
210.2 		Subd. 3d.Other correctional personnel. (a) "Covered correctional service" means 
210.3 	service by a state employee in one of the employment positions at a correctional facility or 
210.4 	in the state-operated forensic services program specified in paragraph (b) if at least 75 
210.5 	percent of the employee's working time is spent in direct contact with inmates or patients 
210.6 	and the fact of this direct contact is certified to the executive director by the appropriate 
210.7 	commissioner or executive board.
210.8 	(b) The employment positions are:
210.9 	(1) automotive mechanic;
210.10 	(2) baker;
210.11 	(3) central services administrative specialist, intermediate;
210.12 	(4) central services administrative specialist, principal;
210.13 	(5) chaplain;
210.14 	(6) chief cook;
210.15 	(7) clinical program therapist 1;
210.16 	(8) clinical program therapist 2;
210.17 	(9) clinical program therapist 3;
210.18 	(10) clinical program therapist 4;
210.19 	(11) cook;
210.20 	(12) cook coordinator;
210.21 	(13) corrections inmate program coordinator;
210.22 	(14) corrections transitions program coordinator;
210.23 	(15) corrections security caseworker;
210.24 	(16) corrections security caseworker career;
210.25 	(17) corrections teaching assistant;
210.26 	(18) delivery van driver;
210.27 	(19) dentist;
210.28 	(20) electrician supervisor;
211.1 	(21) general maintenance worker lead;
211.2 	(22) general repair worker;
211.3 	(23) library/information research services specialist;
211.4 	(24) library/information research services specialist senior;
211.5 	(25) library technician;
211.6 	(26) painter lead;
211.7 	(27) plant maintenance engineer lead;
211.8 	(28) plumber supervisor;
211.9 	(29) psychologist 1;
211.10 	(30) psychologist 3;
211.11 	(31) recreation therapist;
211.12 	(32) recreation therapist coordinator;
211.13 	(33) recreation program assistant;
211.14 	(34) recreation therapist senior;
211.15 	(35) sports medicine specialist;
211.16 	(36) work therapy assistant;
211.17 	(37) work therapy program coordinator; and
211.18 	(38) work therapy technician.

211.19 	Sec. 33. Minnesota Statutes 2024, section 352.91, subdivision 4a, is amended to read:
211.20 		Subd. 4a.Process for evaluating and recommending potential employment positions 
211.21 	for membership inclusion. (a) The Department of Corrections and the Department of 
211.22 	Direct Care and Treatment must establish a procedure for evaluating periodic requests by 
211.23 	department and agency employees for qualification for recommendation by the applicable 
211.24 	commissioner or executive board for inclusion of the employment position in the correctional 
211.25 	facility or direct care and treatment facility in the correctional retirement plan and for 
211.26 	periodically determining employment positions that no longer qualify for continued 
211.27 	correctional retirement plan coverage.
211.28 	(b) The procedure must provide for an evaluation of the extent of the employee's working 
211.29 	time spent in direct contact with patients or inmates, the extent of the physical hazard that 
212.1 	the employee is routinely subjected to in the course of employment, and the extent of 
212.2 	intervention routinely expected of the employee in the event of a facility incident. The 
212.3 	percentage of routine direct contact with inmates or patients may not be less than 75 percent.
212.4 	(c) The applicable commissioner or executive board shall notify the employee of the 
212.5 	determination of the appropriateness of recommending the employment position for inclusion 
212.6 	in the correctional retirement plan, if the evaluation procedure results in a finding that the 
212.7 	employee:
212.8 	(1) routinely spends 75 percent of the employee's time in direct contact with inmates or 
212.9 	patients; and
212.10 	(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates 
212.11 	or patients.
212.12 	(d) After providing the affected employee an opportunity to dispute or clarify any 
212.13 	evaluation determinations, if the applicable commissioner or executive board determines 
212.14 	that the employment position is appropriate for inclusion in the correctional retirement plan, 
212.15 	the commissioner or executive board shall forward that recommendation and supporting 
212.16 	documentation to the chair of the Legislative Commission on Pensions and Retirement, the 
212.17 	chair of the State and Local Governmental Operations Committee of the senate, the chair 
212.18 	of the Governmental Operations and Veterans Affairs Policy Committee of the house of 
212.19 	representatives, and the executive director of the Legislative Commission on Pensions and 
212.20 	Retirement in the form of the appropriate proposed legislation. The recommendation must 
212.21 	be forwarded to the legislature before January 15 for the recommendation to be considered 
212.22 	in that year's legislative session.

212.23 	Sec. 34. Minnesota Statutes 2024, section 524.3-801, is amended to read:
212.24 	524.3-801 NOTICE TO CREDITORS.
212.25 	(a) Unless notice has already been given under this section, upon appointment of a 
212.26 	general personal representative in informal proceedings or upon the filing of a petition for 
212.27 	formal appointment of a general personal representative, notice thereof, in the form prescribed 
212.28 	by court rule, shall be given under the direction of the court administrator by publication 
212.29 	once a week for two successive weeks in a legal newspaper in the county wherein the 
212.30 	proceedings are pending giving the name and address of the general personal representative 
212.31 	and notifying creditors of the estate to present their claims within four months after the date 
212.32 	of the court administrator's notice which is subsequently published or be forever barred, 
212.33 	unless they are entitled to further service of notice under paragraph (b) or (c).
213.1 	(b) The personal representative shall, within three months after the date of the first 
213.2 	publication of the notice, serve a copy of the notice upon each then known and identified 
213.3 	creditor in the manner provided in paragraph (c). If the decedent or a predeceased spouse 
213.4 	of the decedent received assistance for which a claim could be filed under section 246.53, 
213.5 	256B.15, 256D.16, or 261.04, notice to the commissioner of human services or Direct Care 
213.6 	and Treatment executive board the commissioner of direct care and treatment, as applicable, 
213.7 	must be given under paragraph (d) instead of under this paragraph or paragraph (c). A 
213.8 	creditor is "known" if: (i) the personal representative knows that the creditor has asserted 
213.9 	a claim that arose during the decedent's life against either the decedent or the decedent's 
213.10 	estate; (ii) the creditor has asserted a claim that arose during the decedent's life and the fact 
213.11 	is clearly disclosed in accessible financial records known and available to the personal 
213.12 	representative; or (iii) the claim of the creditor would be revealed by a reasonably diligent 
213.13 	search for creditors of the decedent in accessible financial records known and available to 
213.14 	the personal representative. Under this section, a creditor is "identified" if the personal 
213.15 	representative's knowledge of the name and address of the creditor will permit service of 
213.16 	notice to be made under paragraph (c).
213.17 	(c) Unless the claim has already been presented to the personal representative or paid, 
213.18 	the personal representative shall serve a copy of the notice required by paragraph (b) upon 
213.19 	each creditor of the decedent who is then known to the personal representative and identified 
213.20 	either by delivery of a copy of the required notice to the creditor, or by mailing a copy of 
213.21 	the notice to the creditor by certified, registered, or ordinary first class mail addressed to 
213.22 	the creditor at the creditor's office or place of residence.
213.23 	(d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a 
213.24 	predeceased spouse of the decedent received assistance for which a claim could be filed 
213.25 	under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the 
213.26 	attorney for the personal representative shall serve the commissioner of human services or 
213.27 	executive board the commissioner of direct care and treatment, as applicable, with notice 
213.28 	in the manner prescribed in paragraph (c), or electronically in a manner prescribed by the 
213.29 	applicable commissioner or executive board, as soon as practicable after the appointment 
213.30 	of the personal representative. The notice must state the decedent's full name, date of birth, 
213.31 	and Social Security number and, to the extent then known after making a reasonably diligent 
213.32 	inquiry, the full name, date of birth, and Social Security number for each of the decedent's 
213.33 	predeceased spouses. The notice may also contain a statement that, after making a reasonably 
213.34 	diligent inquiry, the personal representative has determined that the decedent did not have 
213.35 	any predeceased spouses or that the personal representative has been unable to determine 
214.1 	one or more of the previous items of information for a predeceased spouse of the decedent. 
214.2 	A copy of the notice to creditors must be attached to and be a part of the notice to the 
214.3 	applicable commissioner or executive board.
214.4 	(2) Notwithstanding a will or other instrument or law to the contrary, except as allowed 
214.5 	in this paragraph, no property subject to administration by the estate may be distributed by 
214.6 	the estate or the personal representative until 70 days after the date the notice is served on 
214.7 	the commissioner of human services or executive board commissioner of direct care and 
214.8 	treatment as provided in paragraph (c), unless the local agency consents as provided for in 
214.9 	clause (6). This restriction on distribution does not apply to the personal representative's 
214.10 	sale of real or personal property, but does apply to the net proceeds the estate receives from 
214.11 	these sales. The personal representative, or any person with personal knowledge of the facts, 
214.12 	may provide an affidavit containing the description of any real or personal property affected 
214.13 	by this paragraph and stating facts showing compliance with this paragraph. If the affidavit 
214.14 	describes real property, it may be filed or recorded in the office of the county recorder or 
214.15 	registrar of titles for the county where the real property is located. This paragraph does not 
214.16 	apply to proceedings under sections 524.3-1203 and 525.31, or when a duly authorized 
214.17 	agent of a county is acting as the personal representative of the estate.
214.18 	(3) At any time before an order or decree is entered under section 524.3-1001 or 
214.19 	524.3-1002, or a closing statement is filed under section 524.3-1003, the personal 
214.20 	representative or the attorney for the personal representative may serve an amended notice 
214.21 	on the commissioner of human services or executive board commissioner of direct care and 
214.22 	treatment to add variations or other names of the decedent or a predeceased spouse named 
214.23 	in the notice, the name of a predeceased spouse omitted from the notice, to add or correct 
214.24 	the date of birth or Social Security number of a decedent or predeceased spouse named in 
214.25 	the notice, or to correct any other deficiency in a prior notice. The amended notice must 
214.26 	state the decedent's name, date of birth, and Social Security number, the case name, case 
214.27 	number, and district court in which the estate is pending, and the date the notice being 
214.28 	amended was served on the applicable commissioner or executive board. If the amendment 
214.29 	adds the name of a predeceased spouse omitted from the notice, it must also state that 
214.30 	spouse's full name, date of birth, and Social Security number. The amended notice must be 
214.31 	served on the applicable commissioner or executive board in the same manner as the original 
214.32 	notice. Upon service, the amended notice relates back to and is effective from the date the 
214.33 	notice it amends was served, and the time for filing claims arising under section 246.53, 
214.34 	256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended 
214.35 	notice. Claims filed during the 60-day period are undischarged and unbarred claims, may 
215.1 	be prosecuted by the entities entitled to file those claims in accordance with section 
215.2 	524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal 
215.3 	representative or any person with personal knowledge of the facts may provide and file or 
215.4 	record an affidavit in the same manner as provided for in clause (1).
215.5 	(4) Within one year after the date an order or decree is entered under section 524.3-1001 
215.6 	or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has 
215.7 	an interest in property that was subject to administration by the estate may serve an amended 
215.8 	notice on the commissioner of human services or executive board commissioner of direct 
215.9 	care and treatment to add variations or other names of the decedent or a predeceased spouse 
215.10 	named in the notice, the name of a predeceased spouse omitted from the notice, to add or 
215.11 	correct the date of birth or Social Security number of a decedent or predeceased spouse 
215.12 	named in the notice, or to correct any other deficiency in a prior notice. The amended notice 
215.13 	must be served on the applicable commissioner or executive board in the same manner as 
215.14 	the original notice and must contain the information required for amendments under clause 
215.15 	(3). If the amendment adds the name of a predeceased spouse omitted from the notice, it 
215.16 	must also state that spouse's full name, date of birth, and Social Security number. Upon 
215.17 	service, the amended notice relates back to and is effective from the date the notice it amends 
215.18 	was served. If the amended notice adds the name of an omitted predeceased spouse or adds 
215.19 	or corrects the Social Security number or date of birth of the decedent or a predeceased 
215.20 	spouse already named in the notice, then, notwithstanding any other laws to the contrary, 
215.21 	claims against the decedent's estate on account of those persons resulting from the amendment 
215.22 	and arising under section 246.53, 256B.15, 256D.16, or 261.04 are undischarged and 
215.23 	unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance 
215.24 	with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The person 
215.25 	filing the amendment or any other person with personal knowledge of the facts may provide 
215.26 	and file or record an affidavit describing affected real or personal property in the same 
215.27 	manner as clause (1).
215.28 	(5) After one year from the date an order or decree is entered under section 524.3-1001 
215.29 	or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission, 
215.30 	or defect of any kind in the notice to the commissioner of human services or executive board
215.31 	commissioner of direct care and treatment required under this paragraph or in the process 
215.32 	of service of the notice on the applicable commissioner or executive board, or the failure 
215.33 	to serve the applicable commissioner or executive board with notice as required by this 
215.34 	paragraph, makes any distribution of property by a personal representative void or voidable. 
216.1 	The distributee's title to the distributed property shall be free of any claims based upon a 
216.2 	failure to comply with this paragraph.
216.3 	(6) The local agency may consent to a personal representative's request to distribute 
216.4 	property subject to administration by the estate to distributees during the 70-day period after 
216.5 	service of notice on the applicable commissioner or executive board. The local agency may 
216.6 	grant or deny the request in whole or in part and may attach conditions to its consent as it 
216.7 	deems appropriate. When the local agency consents to a distribution, it shall give the estate 
216.8 	a written certificate evidencing its consent to the early distribution of assets at no cost. The 
216.9 	certificate must include the name, case number, and district court in which the estate is 
216.10 	pending, the name of the local agency, describe the specific real or personal property to 
216.11 	which the consent applies, state that the local agency consents to the distribution of the 
216.12 	specific property described in the consent during the 70-day period following service of the 
216.13 	notice on the applicable commissioner or executive board, state that the consent is 
216.14 	unconditional or list all of the terms and conditions of the consent, be dated, and may include 
216.15 	other contents as may be appropriate. The certificate must be signed by the director of the 
216.16 	local agency or the director's designees and is effective as of the date it is dated unless it 
216.17 	provides otherwise. The signature of the director or the director's designee does not require 
216.18 	any acknowledgment. The certificate shall be prima facie evidence of the facts it states, 
216.19 	may be attached to or combined with a deed or any other instrument of conveyance and, 
216.20 	when so attached or combined, shall constitute a single instrument. If the certificate describes 
216.21 	real property, it shall be accepted for recording or filing by the county recorder or registrar 
216.22 	of titles in the county in which the property is located. If the certificate describes real property 
216.23 	and is not attached to or combined with a deed or other instrument of conveyance, it shall 
216.24 	be accepted for recording or filing by the county recorder or registrar of titles in the county 
216.25 	in which the property is located. The certificate constitutes a waiver of the 70-day period 
216.26 	provided for in clause (2) with respect to the property it describes and is prima facie evidence 
216.27 	of service of notice on the applicable commissioner or executive board. The certificate is 
216.28 	not a waiver or relinquishment of any claims arising under section 246.53, 256B.15, 256D.16, 
216.29 	or 261.04, and does not otherwise constitute a waiver of any of the personal representative's 
216.30 	duties under this paragraph. Distributees who receive property pursuant to a consent to an 
216.31 	early distribution shall remain liable to creditors of the estate as provided for by law.
216.32 	(7) All affidavits provided for under this paragraph:
216.33 	(i) shall be provided by persons who have personal knowledge of the facts stated in the 
216.34 	affidavit;
217.1 	(ii) may be filed or recorded in the office of the county recorder or registrar of titles in 
217.2 	the county in which the real property they describe is located for the purpose of establishing 
217.3 	compliance with the requirements of this paragraph; and
217.4 	(iii) are prima facie evidence of the facts stated in the affidavit.
217.5 	(8) This paragraph applies to the estates of decedents dying on or after July 1, 1997. 
217.6 	Clause (5) also applies with respect to all notices served on the commissioner of human 
217.7 	services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices 
217.8 	served on the commissioner of human services before July 1, 1997, pursuant to Laws 1996, 
217.9 	chapter 451, article 2, section 55, shall be deemed to be legally sufficient for the purposes 
217.10 	for which they were intended, notwithstanding any errors, omissions or other defects.

217.11 	Sec. 35. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:
217.12 		Subd. 2.Membership. (a) The Certification Advisory Committee consists of the 
217.13 	following members:
217.14 	(1) a mental health professional, as defined in section 245I.02, subdivision 27, with 
217.15 	community behavioral health experience, appointed by the governor;
217.16 	(2) a board-certified forensic psychiatrist with experience in competency evaluations, 
217.17 	providing competency attainment services, or both, appointed by the governor;
217.18 	(3) a board-certified forensic psychologist with experience in competency evaluations, 
217.19 	providing competency attainment services, or both, appointed by the governor;
217.20 	(4) the president of the Minnesota Corrections Association or a designee;
217.21 	(5) the direct care and treatment deputy commissionerchief executive officer of direct 
217.22 	care and treatment or a designee;
217.23 	(6) the president of the Minnesota Association of County Social Service Administrators 
217.24 	or a designee;
217.25 	(7) the president of the Minnesota Association of Community Mental Health Providers 
217.26 	or a designee;
217.27 	(8) the president of the Minnesota Sheriffs' Association or a designee; and
217.28 	(9) the executive director of the National Alliance on Mental Illness Minnesota or a 
217.29 	designee.
218.1 	(b) Members of the advisory committee serve without compensation and at the pleasure 
218.2 	of the appointing authority. Vacancies shall be filled by the appointing authority consistent 
218.3 	with the qualifications of the vacating member required by this subdivision.

218.4 	Sec. 36. REVISOR INSTRUCTION.
 218.5 	The revisor of statutes shall renumber each provision of Minnesota Statutes listed in 
218.6 	column A to the number listed in column B.

218.7		Column A
	Column B
	
218.8		246B.01, subdivision 2b
	246B.01, subdivision 2f
	
218.9		246B.01, subdivision 2c
	246B.01, subdivision 2g
	
218.10		246B.01, subdivision 2d
	246B.01, subdivision 2h

218.11 	Sec. 37. REPEALER.
 218.12 	Minnesota Statutes 2024, sections 246B.01, subdivision 2; 252.021, subdivision 2; 
218.13 	253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02, subdivision 7a; 254B.01, 
218.14 	subdivision 15; 256.045, subdivision 1a; and 256G.02, subdivision 5a, are repealed.

218.15 	Sec. 38. EFFECTIVE DATE.
 218.16 	This article is effective the day following final enactment.

218.17 	ARTICLE 9
218.18 	DEPARTMENT OF HEALTH

218.19 	Section 1. Minnesota Statutes 2024, section 144A.474, subdivision 11, is amended to 
218.20 	read:
218.21 		Subd. 11.Fines. (a) Fines and enforcement actions under this subdivision may be assessed 
218.22 	based on the level and scope of the violations described in paragraph (b) and imposed 
218.23 	immediately with no opportunity to correct the violation first as follows:
218.24 	(1) Level 1, no fines or enforcement;
218.25 	(2) Level 2, a fine of $500 per violation, in addition to any of the enforcement 
218.26 	mechanisms authorized in section 144A.475 for widespread violations;
218.27 	(3) Level 3, a fine of $3,000 per incident, in addition to any of the enforcement 
218.28 	mechanisms authorized in section 144A.475;
219.1 	(4) Level 4, a fine of $5,000 per incident, in addition to any of the enforcement 
219.2 	mechanisms authorized in section 144A.475;
219.3 	(5) for maltreatment violations for which the licensee was determined to be responsible 
219.4 	for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000. 
219.5 	A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible 
219.6 	for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury; 
219.7 	and
219.8 	(6) the fines in clauses (1) to (4) are increased and immediate fine imposition is authorized 
219.9 	for both surveys and investigations conducted.
219.10 	When a fine is assessed against a facility for substantiated maltreatment, the commissioner 
219.11 	shall not also impose an immediate fine under this chapter for the same circumstance.
219.12 	(b) Correction orders for violations are categorized by both level and scope and fines 
219.13 	shall be assessed as follows:
219.14 	(1) level of violation:
219.15 	(i) Level 1 is a violation that has no potential to cause more than a minimal impact on 
219.16 	the client and does not affect health or safety;
219.17 	(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential 
219.18 	to have harmed a client's health or safety, but was not likely to cause serious injury, 
219.19 	impairment, or death;
219.20 	(iii) Level 3 is a violation that harmed a client's health or safety, not including serious 
219.21 	injury, impairment, or death, or a violation that has the potential to lead to serious injury, 
219.22 	impairment, or death; and
219.23 	(iv) Level 4 is a violation that results in serious injury, impairment, or death;
219.24 	(2) scope of violation:
219.25 	(i) isolated, when one or a limited number of clients are affected or one or a limited 
219.26 	number of staff are involved or the situation has occurred only occasionally;
219.27 	(ii) pattern, when more than a limited number of clients are affected, more than a limited 
219.28 	number of staff are involved, or the situation has occurred repeatedly but is not found to be 
219.29 	pervasive; and
219.30 	(iii) widespread, when problems are pervasive or represent a systemic failure that has 
219.31 	affected or has the potential to affect a large portion or all of the clients.
220.1 	(c) If the commissioner finds that the applicant or a home care provider has not corrected 
220.2 	violations by the date specified in the correction order or conditional license resulting from 
220.3 	a survey or complaint investigation, the commissioner shall provide a notice of 
220.4 	noncompliance with a correction order by email to the applicant's or provider's last known 
220.5 	email address. The noncompliance notice must list the violations not corrected.
220.6 	(d) For every violation identified by the commissioner, the commissioner shall issue an 
220.7 	immediate fine pursuant to paragraph (a), clause (6). The license holder must still correct 
220.8 	the violation in the time specified. The issuance of an immediate fine can occur in addition 
220.9 	to any enforcement mechanism authorized under section 144A.475. The immediate fine 
220.10 	may be appealed as allowed under this subdivision.
220.11 	(e) The license holder must pay the fines assessed on or before the payment date specified. 
220.12 	If the license holder fails to fully comply with the order, the commissioner may issue a 
220.13 	second fine or suspend the license until the license holder complies by paying the fine. A 
220.14 	timely appeal shall stay payment of the fine until the commissioner issues a final order.
220.15 	(f) A license holder shall promptly notify the commissioner in writing when a violation 
220.16 	specified in the order is corrected. If upon reinspection the commissioner determines that 
220.17 	a violation has not been corrected as indicated by the order, the commissioner may issue a 
220.18 	second fine. The commissioner shall notify the license holder by mail to the last known 
220.19 	address in the licensing record that a second fine has been assessed. The license holder may 
220.20 	appeal the second fine as provided under this subdivision.
220.21 	(g) A home care provider that has been assessed a fine under this subdivision has a right 
220.22 	to a reconsideration or a hearing under this section and chapter 14.
220.23 	(h) When a fine has been assessed, the license holder may not avoid payment by closing, 
220.24 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
220.25 	license holder shall be liable for payment of the fine.
220.26 	(i) In addition to any fine imposed under this section, the commissioner may assess a 
220.27 	penalty amount based on costs related to an investigation that results in a final order assessing 
220.28 	a fine or other enforcement action authorized by this chapter.
220.29 	(j) Fines collected under paragraph (a), clauses (1) to (4), shall be deposited in a dedicated 
220.30 	special revenue account. On an annual basis, the balance in the special revenue account 
220.31 	shall be appropriated to the commissioner to implement the recommendations of the advisory 
220.32 	council established in section 144A.4799. The commissioner must publish on the department's 
220.33 	website an annual report on the fines assessed and collected, and how the appropriated 
220.34 	money was allocated.
221.1 	(k) Fines collected under paragraph (a), clause (5), shall be deposited in a dedicated 
221.2 	special revenue account and appropriated to the commissioner to provide compensation 
221.3 	according to subdivision 14 to clients subject to maltreatment. A client may choose to receive 
221.4 	compensation from this fund, not to exceed $5,000 for each substantiated finding of 
221.5 	maltreatment, or take civil action. This paragraph expires July 31, 2021.

221.6 	Sec. 2. Minnesota Statutes 2024, section 144A.4799, is amended to read:
221.7 	144A.4799 DEPARTMENT OF HEALTH LICENSED HOME CARE PROVIDER
221.8 	AND ASSISTED LIVING ADVISORY COUNCIL.
221.9 		Subdivision 1.Membership. The commissioner of health shall appoint 13 14 persons 
221.10 	to a home care and assisted living program advisory council consisting of the following:
221.11 	(1) two four public members as defined in section 214.02who shall be persons who are 
221.12 	currently receiving home care services, persons who have received home care services 
221.13 	within five years of the application date, persons who have family members receiving home 
221.14 	care services, or persons who have family members who have received home care services 
221.15 	within five years of the application date, one of whom must be a person who either is 
221.16 	receiving or has received home care services preferably within the five years prior to initial 
221.17 	appointment, one of whom must be a person who has or had a family member receiving 
221.18 	home care services preferably within the five years prior to initial appointment, one of whom 
221.19 	must be a person who either is or has been a resident in an assisted living facility preferably 
221.20 	within the five years prior to initial appointment, and one of whom must be a person who 
221.21 	has or had a family member residing in an assisted living facility preferably within the five 
221.22 	years prior to initial appointment;
221.23 	(2) two Minnesota home care licensees representing basic and comprehensive levels of 
221.24 	licensure who may be a managerial official, an administrator, a supervising registered nurse, 
221.25 	or an unlicensed personnel performing home care tasks;
221.26 	(3) one member representing the Minnesota Board of Nursing;
221.27 	(4) one member representing the Office of Ombudsman for Long-Term Care;
221.28 	(5) one member representing the Office of Ombudsman for Mental Health and 
221.29 	Developmental Disabilities;
221.30 	(6) beginning July 1, 2021, one member of a county health and human services or county 
221.31 	adult protection office;
222.1 	(7) two Minnesota assisted living facility licensees representing assisted living facilities 
222.2 	and assisted living facilities with dementia care levels of licensure who may be the facility's 
222.3 	assisted living director, managerial official, or clinical nurse supervisor;
222.4 	(8) one organization representing long-term care providers, home care providers, and 
222.5 	assisted living providers in Minnesota; and
222.6 	(9) two public members as defined in section 214.02. One public member shall be a 
222.7 	person who either is or has been a resident in an assisted living facility and one public 
222.8 	member shall be a person who has or had a family member living in an assisted living 
222.9 	facility setting one representative of a consumer advocacy organization representing 
222.10 	individuals receiving long-term care from licensed home care or assisted living providers.
222.11 		Subd. 2.Organizations and meetings. The advisory council shall be organized and 
222.12 	administered under section 15.059 with per diems and costs paid within the limits of available 
222.13 	appropriations. Meetings will be held quarterly and hosted by the department. Subcommittees 
222.14 	may be developed as necessary by the commissioner. Advisory council meetings are subject 
222.15 	to the Open Meeting Law under chapter 13D.
222.16 		Subd. 3.Duties. (a) At the commissioner's request, the advisory council shall provide 
222.17 	advice regarding regulations of Department of Health licensed assisted living and home 
222.18 	care providers in this chapter and chapter 144G, including advice on the following:
222.19 	(1) community standards for home care practices;
222.20 	(2) enforcement of licensing standards and whether certain disciplinary actions are 
222.21 	appropriate;
222.22 	(3) ways of distributing information to licensees and consumers of .home care and 
222.23 	assisted living services defined under chapter 144G;
222.24 	(4) training standards;
222.25 	(5) identifying emerging issues and opportunities in home care and assisted living services 
222.26 	defined under chapter 144G;
222.27 	(6) identifying the use of technology in home and telehealth capabilities;
222.28 	(7) allowable home care licensing modifications and exemptions, including a method 
222.29 	for an integrated license with an existing license for rural licensed nursing homes to provide 
222.30 	limited home care services in an adjacent independent living apartment building owned by 
222.31 	the licensed nursing home; and
223.1 	(8) recommendations for studies using the data in section 62U.04, subdivision 4, including 
223.2 	but not limited to studies concerning costs related to dementia and chronic disease among 
223.3 	an elderly population over 60 and additional long-term care costs, as described in section 
223.4 	62U.10, subdivision 6.
223.5 	(b) The advisory council shall perform other duties as directed by the commissioner.
223.6 	(c) The advisory council shall annually make recommendations annually to the 
223.7 	commissioner for the purposes of allocating the appropriation in section sections144A.474, 
223.8 	subdivision 11, paragraph (i) (j), and 144G.31, subdivision 8. The commissioner shall act 
223.9 	upon the recommendations of the advisory council within one year of the advisory council 
223.10 	submitting its recommendations to the commissioner. The recommendations shall address 
223.11 	ways the commissioner may improve protection of the public under existing statutes and 
223.12 	laws and improve quality of care. The council's recommendations may include but are not 
223.13 	limited to special projects or initiatives that:
223.14 	(1) create and administer training of licensees and ongoing training for their employees 
223.15 	to improve clients' and residents' lives, supporting ways that support licensees,can improve 
223.16 	and enhance quality care, and ways to provide technical assistance to licensees to improve 
223.17 	compliance;
223.18 	(2) develop and implement information technology and data projects that analyze and 
223.19 	communicate information about trends of in violations or lead to ways of improving resident 
223.20 	and client care;
223.21 	(3) improve communications strategies to licensees and the public;
223.22 	(4) recruit and retain direct care staff;
223.23 	(5) recommend education related to the care of vulnerable adults in professional nursing 
223.24 	programs, nurse aide programs, and home health aide programs; and
223.25 	(6)other projects or pilots that benefit residents, clients, families, and the public in other 
223.26 	ways.

223.27 	EFFECTIVE DATE. This section is effective July 1, 2025, and the amendments to 
223.28 	subdivision 1, clause (1), apply to members whose initial appointment occurs on or after 
223.29 	that date.

223.30 	Sec. 3. Minnesota Statutes 2024, section 144G.31, subdivision 8, is amended to read:
223.31 		Subd. 8.Deposit of fines. Fines collected under this section shall be deposited in a 
223.32 	dedicated special revenue account. On an annual basis, the balance in the special revenue 
224.1 	account shall be appropriated to the commissioner for special projects to improve resident 
224.2 	quality of care and outcomes in assisted living facilities licensed under this chapter in 
224.3 	Minnesota as recommended by the advisory council established in section 144A.4799. The 
224.4 	commissioner must publish on the department's website an annual report on the fines assessed 
224.5 	and collected, and how the appropriated money was allocated.

224.6 	Sec. 4. Minnesota Statutes 2024, section 144G.52, subdivision 1, is amended to read:
224.7 		Subdivision 1.Definition. For purposes of sections 144G.52 to 144G.55, "termination" 
224.8 	means:
224.9 	(1) a facility-initiated termination of housing provided to the resident under the contract
224.10 	an assisted living contract; or
224.11 	(2) a facility-initiated termination or nonrenewal of all assisted living services the resident 
224.12 	receives from the facility under the assisted living contract.

224.13 	Sec. 5. Minnesota Statutes 2024, section 144G.52, subdivision 2, is amended to read:
224.14 		Subd. 2.Prerequisite to termination of a contract. (a) Before issuing a notice of 
224.15 	termination of an assisted living contract, a facility must schedule and participate in a meeting 
224.16 	with the resident and the resident's legal representative and designated representative. The 
224.17 	purposes of the meeting are to:
224.18 	(1) explain in detail the reasons for the proposed termination; and
224.19 	(2) identify and offer reasonable accommodations or modifications, interventions, or 
224.20 	alternatives to avoid the termination or enable the resident to remain in the facility, including 
224.21 	but not limited to securing services from another provider of the resident's choosing that 
224.22 	may allow the resident to avoid the termination. A facility is not required to offer 
224.23 	accommodations, modifications, interventions, or alternatives that fundamentally alter the 
224.24 	nature of the operation of the facility.
224.25 	(b) For a termination pursuant to subdivision 3 or 4, the meeting must be scheduled to 
224.26 	take place at least seven days before a notice of termination is issued. The facility must 
224.27 	make reasonable efforts to ensure that the resident, legal representative, and designated 
224.28 	representative are able to attend the meeting.
224.29 	(c) For a termination pursuant to subdivision 5, the meeting must be scheduled to take 
224.30 	place at least 24 hours before a notice of termination is issued. The facility must make 
224.31 	reasonable efforts to ensure that the resident, legal representative, and designated 
225.1 	representative are able to attend the meeting. Notice of the meeting must be provided at 
225.2 	least 24 hours prior to the meeting.
225.3 	(d) The facility must notify the resident that the resident may invite family members, 
225.4 	relevant health professionals, a representative of the Office of Ombudsman for Long-Term 
225.5 	Care, a representative of the Office of Ombudsman for Mental Health and Developmental 
225.6 	Disabilities, or other persons of the resident's choosing to participate in the meeting. For 
225.7 	residents who receive home and community-based waiver services under chapter 256S and 
225.8 	section 256B.49, the facility must notify the resident's case manager of the meeting.
225.9 	(d) (e) In the event of an emergency relocation under subdivision 9, where the facility 
225.10 	intends to issue a notice of termination and an in-person meeting is impractical or impossible, 
225.11 	the facility must use telephone, video, or other electronic means to conduct and participate 
225.12 	in the meeting required under this subdivision and rules within Minnesota Rules, chapter 
225.13 	4659.

225.14 	Sec. 6. Minnesota Statutes 2024, section 144G.52, subdivision 3, is amended to read:
225.15 		Subd. 3.Termination for nonpayment. (a) A facility may initiate a termination of 
225.16 	housing an assisted living contract because of nonpayment of rent or a termination of services 
225.17 	because of nonpayment for services. Upon issuance of a notice of termination for 
225.18 	nonpayment, the facility must inform the resident that public benefits may be available and 
225.19 	must provide contact information for the Senior LinkAge Line under section 256.975, 
225.20 	subdivision 7, or the Disability Hub under section 256.01, subdivision 24.
225.21 	(b) An interruption to a resident's public benefits that lasts for no more than 60 days 
225.22 	does not constitute nonpayment.

225.23 	Sec. 7. Minnesota Statutes 2024, section 144G.52, subdivision 5, is amended to read:
225.24 		Subd. 5.Expedited termination. (a) A facility may initiate an expedited termination 
225.25 	of housing or services an assisted living contract, including both the housing and assisted 
225.26 	living services provided thereunder, or of assisted living services if:
225.27 	(1) the resident has engaged in conduct that substantially interferes with the rights, health, 
225.28 	or safety of other residents;
225.29 	(2) the resident has engaged in conduct that substantially and intentionally interferes 
225.30 	with the safety or physical health of facility staff; or
225.31 	(3) the resident has committed an act listed in section 504B.171 that substantially 
225.32 	interferes with the rights, health, or safety of other residents.;
226.1 	(b) A facility may initiate an expedited termination of services if:
226.2 	(1) the resident has engaged in conduct that substantially interferes with the resident's 
226.3 	health or safety;
226.4 	(2) (4) the resident's assessed needs exceed the scope of services agreed upon in the 
226.5 	assisted living contract and are not included in the services the facility disclosed in the 
226.6 	uniform checklist; or
226.7 	(3) (5) extraordinary circumstances exist, causing the facility to be unable to provide 
226.8 	the resident with the services disclosed in the uniform checklist that are necessary to meet 
226.9 	the resident's needs.

226.10 	Sec. 8. Minnesota Statutes 2024, section 144G.52, subdivision 7, is amended to read:
226.11 		Subd. 7.Notice of contract termination required. (a) A facility terminating a contract 
226.12 	must issue a written notice of termination according to this section. The facility must also 
226.13 	send a copy of the termination notice to the Office of Ombudsman for Long-Term Care 
226.14 	and, for residents who receive home and community-based waiver services under chapter 
226.15 	256S and section 256B.49, to the resident's case manager, as soon as practicable after 
226.16 	providing notice to the resident. A facility may terminate an assisted living contract only 
226.17 	as permitted under subdivisions 3, 4, and 5.
226.18 	(b) A facility terminating a contract under subdivision 3 or 4 must provide a written 
226.19 	termination notice at least 30 days before the effective date of the termination to the resident, 
226.20 	legal representative, and designated representative.
226.21 	(c) A facility terminating a contract under subdivision 5 must provide a written 
226.22 	termination notice at least 15 seven days before the effective date of the termination to the 
226.23 	resident, legal representative, and designated representative.
226.24 	(d) If a resident moves out of a facility or cancels services received from the facility, 
226.25 	nothing in this section prohibits a facility from enforcing against the resident any notice 
226.26 	periods with which the resident must comply under the assisted living contract.

226.27 	Sec. 9. Minnesota Statutes 2024, section 144G.52, subdivision 8, is amended to read:
226.28 		Subd. 8.Content of notice of termination. (a) The notice required under subdivision 
226.29 	7 must contain, at a minimum:
226.30 	(1) the effective date of the termination of the assisted living contract;
227.1 	(2) a detailed explanation of the basis for the termination, including the clinical or other 
227.2 	supporting rationale;
227.3 	(3) a detailed explanation of the conditions under which a new or amended contract may 
227.4 	be executed;
227.5 	(4) a statement that the resident has the right to appeal the termination by requesting a 
227.6 	hearing, and information concerning the time frame within which the request must be 
227.7 	submitted and the contact information for the agency to which the request must be submitted;
227.8 	(5) a statement that the facility must participate in a coordinated move to another provider 
227.9 	or caregiver, as required under section 144G.55;
227.10 	(6) the name and contact information of the person employed by the facility with whom 
227.11 	the resident may discuss the notice of termination;
227.12 	(7) information on how to contact the Office of Ombudsman for Long-Term Care and 
227.13 	the Office of Ombudsman for Mental Health and Developmental Disabilities to request an 
227.14 	advocate to assist regarding the termination;
227.15 	(8) information on how to contact the Senior LinkAge Line under section 256.975, 
227.16 	subdivision 7, or the Disability Hub under section 256.01, subdivision 24, and an explanation 
227.17 	that the Senior LinkAge Line and the Disability Hub may provide information about other 
227.18 	available housing or service options; and
227.19 	(9) if the termination is only for services, a statement that the resident may remain in 
227.20 	the facility and may secure any necessary services from another provider of the resident's 
227.21 	choosing.
227.22 	(b) When a facility used good faith efforts to substantially comply with the content or 
227.23 	timing requirements of this subdivision or corresponding rules, and the noncompliance did 
227.24 	not prejudice the resident, a failure to comply does not invalidate the termination process 
227.25 	and is not permissible grounds for appeal of a termination under section 144G.54, subdivision 
227.26 	2.

227.27 	Sec. 10. Minnesota Statutes 2024, section 144G.52, subdivision 9, is amended to read:
227.28 		Subd. 9.Emergency relocation. (a) A facility may remove a resident from the facility 
227.29 	in an emergency if necessary due to a resident's urgent medical needs or an imminent risk 
227.30 	the resident poses to the health or safety of another facility resident or facility staff member. 
227.31 	An emergency relocation is not a termination. An emergency relocation does not occur 
227.32 	when a resident or the resident's representative requests or consents to be transported to the 
228.1 	emergency room or hospital regardless of whether the facility initiates communications 
228.2 	regarding the need to relocate the resident.
228.3 	(b) In the event of an emergency relocation, the facility must provide a written notice 
228.4 	that contains, at a minimum:
228.5 	(1) the reason for the relocation;
228.6 	(2) the name and contact information for the location to which the resident has been 
228.7 	relocated and any new service provider;
228.8 	(3) contact information for the Office of Ombudsman for Long-Term Care and the Office 
228.9 	of Ombudsman for Mental Health and Developmental Disabilities;
228.10 	(4) if known and applicable, the approximate date or range of dates within which the 
228.11 	resident is expected to return to the facility, or a statement that a return date is not currently 
228.12 	known; and
228.13 	(5) a statement that, if the facility refuses to provide housing or services after a relocation, 
228.14 	the resident has the right to appeal under section 144G.54. The facility must provide contact 
228.15 	information for the agency to which the resident may submit an appeal.
228.16 	(c) The notice required under paragraph (b) must be delivered as soon as practicable to:
228.17 	(1) the resident, legal representative, and designated representative;
228.18 	(2) for residents who receive home and community-based waiver services under chapter 
228.19 	256S and section 256B.49, the resident's case manager; and
228.20 	(3) the Office of Ombudsman for Long-Term Care if the resident has been relocated 
228.21 	and has not returned to the facility within four days.
228.22 	(d) Following an emergency relocation, a facility's refusal to provide housing or services 
228.23 	constitutes a termination and triggers the termination process in this section.
228.24 	(e) In the event of an emergency relocation during which a resident is removed by law 
228.25 	enforcement, ambulance personnel, or other first responders, the notice required under 
228.26 	paragraph (b) may be provided retroactively but in no event no more than 72 hours after 
228.27 	the emergency relocation.

228.28 	Sec. 11. Minnesota Statutes 2024, section 144G.52, subdivision 10, is amended to read:
228.29 		Subd. 10.Right to return. (a) If a resident is absent from a facility for any reason, 
228.30 	including an emergency relocation, the facility shall not refuse to allow a resident to return 
228.31 	if a termination of housing the assisted living contract has not been effectuated.
229.1 	(b) Notwithstanding paragraph (a), a facility may refuse to allow a resident to return if:
229.2 	(1) another resident or employee of the facility has obtained a harassment restraining 
229.3 	order, order for protection, or similar court order seeking to protect them from the resident; 
229.4 	or
229.5 	(2) the resident has been charged with a crime where the alleged victim is another resident 
229.6 	or employee of the facility.

229.7 	Sec. 12. Minnesota Statutes 2024, section 144G.53, is amended to read:
229.8 	144G.53 NONRENEWAL OF HOUSING ASSISTED LIVING CONTRACT 
229.9 	NONRENEWAL.
229.10 	(a) If a facility decides to not renew a resident's housing under a contract assisted living 
229.11 	contract, including both the housing and assisted living services provided thereunder, the 
229.12 	facility must either (1) provide the resident with 60 calendar days' notice of the nonrenewal 
229.13 	and assistance with relocation planning, or (2) follow the termination procedure under 
229.14 	section 144G.52. A facility may not decline to renew only the assisted living services 
229.15 	provided to a resident under the resident's assisted living contract.
229.16 	(b) The notice must include the reason for the nonrenewal and contact information of 
229.17 	the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental 
229.18 	Health and Developmental Disabilities.
229.19 	(c) A facility must:
229.20 	(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;
229.21 	(2) for residents who receive home and community-based waiver services under chapter 
229.22 	256S and section 256B.49, provide notice to the resident's case manager;
229.23 	(3) ensure a coordinated move to a safe location, as defined in section 144G.55, 
229.24 	subdivision 2, that is appropriate for the resident;
229.25 	(4) ensure a coordinated move to an appropriate service provider identified by the facility, 
229.26 	if services are still needed and desired by the resident;
229.27 	(5) consult and cooperate with the resident, legal representative, designated representative, 
229.28 	case manager for a resident who receives home and community-based waiver services under 
229.29 	chapter 256S and section 256B.49, relevant health professionals, and any other persons of 
229.30 	the resident's choosing to make arrangements to move the resident, including consideration 
229.31 	of the resident's goals; and
230.1 	(6) prepare a written plan to prepare for the move.
230.2 	(d) A resident may decline to move to the location the facility identifies or to accept 
230.3 	services from a service provider the facility identifies, and may instead choose to move to 
230.4 	a location of the resident's choosing or receive services from a service provider of the 
230.5 	resident's choosing within the timeline prescribed in the nonrenewal notice.

230.6 	Sec. 13. Minnesota Statutes 2024, section 144G.54, subdivision 2, is amended to read:
230.7 		Subd. 2.Permissible grounds to appeal termination. (a) A resident may appeal a 
230.8 	termination initiated under section 144G.52, subdivision 3, 4, or 5, on the ground that:
230.9 	(1) there is a factual dispute as to whether the facility had a permissible basis to initiate 
230.10 	the termination;
230.11 	(2) the termination would result in great harm or the potential for great harm to the 
230.12 	resident as determined by the totality of the circumstances, except in circumstances where 
230.13 	there is a greater risk of harm to other residents or staff at the facility;
230.14 	(3) the resident has cured or demonstrated the ability to cure the reasons for the 
230.15 	termination, or has identified a reasonable accommodation or modification, intervention, 
230.16 	or alternative to the termination; or
230.17 	(4) the facility has terminated the contract in violation of state or federal law.
230.18 	(b) When submitting an appeal, a resident must specify which permissible grounds under 
230.19 	paragraph (a) are grounds for the appeal.
230.20 	(c) The resident or resident's representative must provide the facility a copy of all appeals 
230.21 	within three calendar days of filing them.

230.22 	Sec. 14. Minnesota Statutes 2024, section 144G.54, subdivision 3, is amended to read:
230.23 		Subd. 3.Appeals process. (a) The Office of Administrative Hearings must conduct an 
230.24 	expedited hearing as soon as practicable under this section, but in no event later than 14 
230.25 	calendar days after the office receives the request, unless the parties agree otherwise or the 
230.26 	chief administrative law judge deems the timing to be unreasonable, given the complexity 
230.27 	of the issues presented. For terminations initiated pursuant to section 144G.52, subdivision 
230.28 	5, the Office of Administrative Hearings must conduct an expedited hearing as soon as 
230.29 	practicable but in no event later than seven calendar days after the office receives the request.
230.30 	(b) The hearing must be held at the facility where the resident lives, unless holding the 
230.31 	hearing at that location is impractical, the parties agree to hold the hearing at a different 
231.1 	location, or the chief administrative law judge grants a party's request to appear at another 
231.2 	location or by telephone or interactive video.
231.3 	(c) The hearing is not a formal contested case proceeding, except when determined 
231.4 	necessary by the chief administrative law judge.
231.5 	(d) Parties may but are not required to be represented by counsel. The appearance of a 
231.6 	party without counsel does not constitute the unauthorized practice of law.
231.7 	(e) Parties may provide the administrative law judge relevant evidence in the form of 
231.8 	in-person or sworn written testimony, including that of other residents of the facility, 
231.9 	representatives of other residents of the facility, facility staff, or individuals representing 
231.10 	the interests of other residents of the facility.
231.11 	(f) The hearing shall be limited to the amount of time necessary for the participants to 
231.12 	expeditiously present the facts about the proposed termination. The administrative law judge 
231.13 	shall issue a recommendation to the commissioner as soon as practicable, but in no event 
231.14 	later than ten business days after the hearing related to a termination issued under section 
231.15 	144G.52, subdivision 3 or 4, or five business days for a hearing related to a termination 
231.16 	issued under section 144G.52, subdivision 5.

231.17 	Sec. 15. Minnesota Statutes 2024, section 144G.54, subdivision 7, is amended to read:
231.18 		Subd. 7.Application of chapter 504B to appeals of terminations. A resident may not 
231.19 	bring an action under chapter 504B to challenge a termination that has occurred and been 
231.20 	upheld under this section for which an appeal under this section was not requested or for 
231.21 	which an appeal under this section was requested, but the termination was upheld in 
231.22 	accordance with this section. If a facility prevails in a challenged termination under this 
231.23 	section, the facility is entitled to a writ of recovery and order to vacate pursuant to section 
231.24 	504B.361.

231.25 	Sec. 16. Minnesota Statutes 2024, section 144G.55, subdivision 1, is amended to read:
231.26 		Subdivision 1.Duties of facility. (a) If a facility terminates an assisted living contract, 
231.27 	reduces services to the extent that a resident needs to move or obtain a new service provider 
231.28 	or the facility has its license restricted under section 144G.20, or the facility conducts a 
231.29 	planned closure under section 144G.57, the facility:
231.30 	(1) must ensure, subject to paragraph (c), a coordinated move to a safe location that is 
231.31 	appropriate for the resident and that is identified by the facility prior to any hearing under 
231.32 	section 144G.54;
232.1 	(2) must ensure a coordinated move of the resident to an appropriate service provider 
232.2 	identified by the facility prior to any hearing under section 144G.54, provided services are 
232.3 	still needed and desired by the resident; and
232.4 	(3) must consult and cooperate with the resident, legal representative, designated 
232.5 	representative, case manager for a resident who receives home and community-based waiver 
232.6 	services under chapter 256S and section 256B.49, relevant health professionals, and any 
232.7 	other persons of the resident's choosing to make arrangements to move the resident, including 
232.8 	consideration of the resident's goals.
232.9 	(b) A facility may satisfy the requirements of paragraph (a), clauses (1) and (2), by 
232.10 	moving the resident to a different location within the same facility, if appropriate for the 
232.11 	resident.
232.12 	(c) A resident may decline to move to the location the facility identifies or to accept 
232.13 	services from a service provider the facility identifies, and may choose instead to move to 
232.14 	a location of the resident's choosing or receive services from a service provider of the 
232.15 	resident's choosing within the timeline prescribed in the termination notice.
232.16 	(d) A facility has met its obligations under this section, following a termination completed 
232.17 	in accordance with section 144G.52 if:
232.18 	(1) for residents receiving services under the home and community-based waiver services 
232.19 	for the elderly under chapter 256S, waivered services under community access for disability 
232.20 	inclusion waiver under section 256B.49, or the brain injury waivered services under section 
232.21 	256B.49, the resident or the resident's designated representative reject two or more options 
232.22 	presented by the lead agency or the resident's waiver case manager; or
232.23 	(2) for all other residents, the resident or the resident's designated representative reject 
232.24 	two or more other facilities that are able to meet the individual's service needs, have an 
232.25 	immediate opening, and are located within a reasonable geographic proximity. The absence 
232.26 	of nearby facilities able to meet the individual's service needs and with immediate openings 
232.27 	may increase what may be considered a reasonable geographic proximity.
232.28 	(e) Sixty days before the facility plans to reduce or eliminate one or more services for 
232.29 	a particular resident, the facility must provide written notice of the reduction that includes:
232.30 	(1) a detailed explanation of the reasons for the reduction and the date of the reduction;
232.31 	(2) the contact information for the Office of Ombudsman for Long-Term Care, the Office 
232.32 	of Ombudsman for Mental Health and Developmental Disabilities, and the name and contact 
233.1 	information of the person employed by the facility with whom the resident may discuss the 
233.2 	reduction of services;
233.3 	(3) a statement that if the services being reduced are still needed by the resident, the 
233.4 	resident may remain in the facility and seek services from another provider; and
233.5 	(4) a statement that if the reduction makes the resident need to move, the facility must 
233.6 	participate in a coordinated move of the resident to another provider or caregiver, as required 
233.7 	under this section.
233.8 	(e) (f) In the event of an unanticipated reduction in services caused by extraordinary 
233.9 	circumstances, the facility must provide the notice required under paragraph (d) (e) as soon 
233.10 	as possible.
233.11 	(f) (g) If the facility, a resident, a legal representative, or a designated representative 
233.12 	determines that a reduction in services will make a resident need to move to a new location, 
233.13 	the facility must ensure a coordinated move in accordance with this section, and must provide 
233.14 	notice to the Office of Ombudsman for Long-Term Care.
233.15 	(g) (h) Nothing in this section affects a resident's right to remain in the facility and seek 
233.16 	services from another provider.

233.17 	Sec. 17. Minnesota Statutes 2024, section 144G.55, subdivision 2, is amended to read:
233.18 		Subd. 2.Safe location. A safe location is not a private home where the occupant is 
233.19 	unwilling or unable to care for the resident, a homeless shelter, a hotel, or a motel. A facility 
233.20 	may not terminate a resident's housing or services if the resident will, as the result of the 
233.21 	termination, become homeless, as that term is defined in section 116L.361, subdivision 5, 
233.22 	or if an adequate and safe discharge location or adequate and needed service provider has 
233.23 	not been identified, unless the resident declines to move to the identified safe location or 
233.24 	needed service provider or chooses to become homeless. This subdivision does not preclude 
233.25 	a resident from declining to move to the location the facility identifies.

233.26 	Sec. 18. DIRECTION TO COMMISSIONER; PROVISIONAL OR TRANSITIONAL 
233.27 	LICENSURE.
 233.28 	(a) The commissioner of human services and the commissioner of health must convene 
233.29 	a group of interested parties to examine the relationship between the costs incurred to comply 
233.30 	with the licensing requirements under Minnesota Statutes, chapter 144G, and reimbursement 
233.31 	rates for providing customized living services under Minnesota Statutes, chapter 256S, and 
233.32 	section 256B.4914, subdivision 6d. The commissioners must include among the interested 
234.1 	parties the Long-Term Care Imperative, the Residential Providers Association of Minnesota, 
234.2 	the Minnesota Association of County Social Service Administrators, and people with 
234.3 	disabilities currently receiving customized living services under the federally approved 
234.4 	brain injury, community access for disability inclusion, and elderly waiver plans.
234.5 	(b) The commissioners of human services and health must develop draft legislative 
234.6 	language to better align the licensing requirements and reimbursement framework so that 
234.7 	the costs incurred to comply with licensing requirements and fees are adequately reimbursed 
234.8 	through the rates paid for providing customized living services.
234.9 	(c) The commissioners must submit the draft legislation to the chairs and ranking minority 
234.10 	members of the legislative committees with jurisdiction over health and human services 
234.11 	policy and finance by January 1, 2026.

234.12 	Sec. 19. DIRECTION TO THE COMMISSIONER OF HEALTH; COMMUNITY 
234.13 	CARE HUB GRANT.
 234.14 		Subdivision 1.Establishment. The commissioner of health shall establish a single grant 
234.15 	to expand and strengthen the community care hub model in Minnesota by organizing and 
234.16 	supporting a network of health and social care service providers to address health-related 
234.17 	social needs.
234.18 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
234.19 	meanings given.
234.20 	(b) "Community-based organization" means a public or private nonprofit organization 
234.21 	of demonstrated effectiveness that is representative of a community or significant segments 
234.22 	of a community and provides services that address the social drivers of health, education, 
234.23 	or related services to individuals in the community.
234.24 	(c) "Community care hub" means a nonprofit organization that provides a centralized 
234.25 	administrative and operational interface between health care institutions and a network of 
234.26 	community-based organizations that provide health promotion and social care services.
234.27 	(d) "Health-related social needs" means the individual-level, adverse social conditions 
234.28 	that can negatively impact a person's health or health care, such as poor health literacy, food 
234.29 	insecurity, housing instability, and lack of access to transportation.
234.30 	(e) "Social care services" means culturally informed services to address health-related 
234.31 	social needs and community-informed health promotion programs.
235.1 		Subd. 3.Eligible applicants. To be eligible for the single grant available under this 
235.2 	section, a grant applicant must:
235.3 	(1) be recognized as a selected community care hub by the federal Administration for 
235.4 	Community Living and the Centers for Disease Control and Prevention;
235.5 	(2) be the recipient of the community care hub planning grant under Laws 2024, chapter 
235.6 	127, article 53, section 3, subdivision 2, paragraph (a);
235.7 	(3) hold contracts with health plans within Minnesota that allow the applicant to provide 
235.8 	social care services to a plan's covered member population; and
235.9 	(4) demonstrate active engagement in providing, coordinating, and aiding health care 
235.10 	and social care services at the community level.
235.11 		Subd. 4.Eligible uses. The grantee must use awarded money to:
235.12 	(1) engage and organize community-based organizations to deliver social care services;
235.13 	(2) expand the reach and scope of social care services;
235.14 	(3) centralize administrative functions and operational infrastructure of community care 
235.15 	hubs related to:
235.16 	(i) contracting with health care organizations;
235.17 	(ii) payment operations;
235.18 	(iii) management of referrals, including reporting on the outcome of the services and 
235.19 	the specific help provided;
235.20 	(iv) service delivery fidelity and compliance;
235.21 	(v) quality improvement;
235.22 	(vi) technology;
235.23 	(vii) information security; and
235.24 	(viii) data collection, data analysis, and reporting;
235.25 	(4) create sustainable financial pathways for services that address health-related social 
235.26 	needs throughout the state of Minnesota; and
235.27 	(5) support tracking of the financial pathways and the services provided.
235.28 		Subd. 5.Grantee report. The grantee must report community care hub initiative 
235.29 	outcomes as determined by the commissioner of health to the commissioner on the forms 
235.30 	and according to the timelines established by the commissioner.
236.1 		Subd. 6.Evaluation. The commissioner of health shall design, conduct, and evaluate 
236.2 	the community care hub initiative implemented by the grantee using measures to assess 
236.3 	cost savings, impact, and health impact outcomes.

236.4 	EFFECTIVE DATE. This section is effective July 1, 2025.

236.5 	ARTICLE 10
236.6 	MISCELLANEOUS

236.7 	Section 1. Laws 2023, chapter 61, article 1, section 61, subdivision 4, is amended to read:
236.8 		Subd. 4.Evaluation and report. By December 1, 2024, the commissioner must submit 
236.9 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
236.10 	over human services finance and policy an interim report on the impact and outcomes of 
236.11 	the grants, including the number of grants awarded and the organizations receiving the 
236.12 	grants. The interim report must include any available evidence of how grantees were able 
236.13 	to increase utilization of supported decision making and reduce or avoid more restrictive 
236.14 	forms of decision making such as guardianship and conservatorship. By December 1, 2025
236.15 	2026, the commissioner must submit to the chairs and ranking minority members of the 
236.16 	legislative committees with jurisdiction over human services finance and policy a final 
236.17 	report on the impact and outcomes of the grants, including any updated information from 
236.18 	the interim report and the total number of people served by the grants. The final report must 
236.19 	also detail how the money was used to achieve the requirements in subdivision 3, paragraph 
236.20 	(b).

236.21 	Sec. 2. Laws 2024, chapter 127, article 49, section 9, subdivision 1, is amended to read:
236.22 		Subdivision 1.Establishment; purpose. The Mentally Ill and Dangerous Civil 
236.23 	Commitment Reform Task Force is established to:
236.24 	(1) evaluate current statutes related to mentally ill and dangerous civil commitments 
236.25 	and;
236.26 	(2) evaluate current statutes related to the process by which a former patient may seek 
236.27 	an order to expunge or vacate a prior commitment order; and
236.28 	(3) develop recommendations to optimize the use of state-operated mental health 
236.29 	resources and increase equitable access and outcomes for patients.

237.1 	Sec. 3. Laws 2024, chapter 127, article 49, section 9, is amended by adding a subdivision 
237.2 	to read:
237.3 		Subd. 7a.Duties; expungements and vacaturs. The task force must:
237.4 	(1) analyze current trends in civil commitments, expungements, and vacaturs, including 
237.5 	but not limited to the frequency of expungements and vacaturs in Minnesota as compared 
237.6 	to other jurisdictions;
237.7 	(2) review national practices and criteria for expunging and vacating civil commitment 
237.8 	orders;
237.9 	(3) develop recommended statutory changes necessary to provide clear direction to 
237.10 	former patients who are seeking to file a motion to expunge or vacate a civil commitment;
237.11 	(4) develop recommended statutory changes necessary to provide clear direction, criteria 
237.12 	to apply, and evidentiary standards to the courts when considering a motion from a former 
237.13 	patient to expunge or vacate a civil commitment; and
237.14 	(5) develop recommended statutory changes to provide clear direction to former patients 
237.15 	and the courts to address situations in which an individual is civilly committed and is later 
237.16 	determined to not have an organic disorder of the brain or a substantial psychiatric disorder 
237.17 	of thought, mood, perception, orientation, or memory.

237.18 	Sec. 4. Laws 2024, chapter 127, article 49, section 9, subdivision 8, is amended to read:
237.19 		Subd. 8.Report required. (a) By August 1, 2025, the task force shall submit to the 
237.20 	chairs and ranking minority members of the legislative committees with jurisdiction over 
237.21 	mentally ill and dangerous civil commitments a written report that includes the outcome of 
237.22 	the duties in subdivision 7, including but not limited to recommended statutory changes.
237.23 	(b) By August 1, 2026, the task force shall submit to the chairs and ranking minority 
237.24 	members of the legislative committees with jurisdiction over civil commitments a written 
237.25 	report that includes the outcome of the duties in subdivision 7a, including but not limited 
237.26 	to recommended statutory changes.

237.27 	Sec. 5. Laws 2024, chapter 127, article 49, section 9, subdivision 9, is amended to read:
237.28 		Subd. 9.Expiration. The task force expires January 1, 2026 2027.

237.29 	ARTICLE 11
237.30 	DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS

237.31	Section 1. HUMAN SERVICES APPROPRIATIONS.
 	
238.1 	The sums shown in the columns marked "Appropriations" are appropriated to the 
238.2 	commissioner of human services and for the purposes specified in this article. The 
238.3 	appropriations are from the general fund, or another named fund, and are available for the 
238.4 	fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article 
238.5 	mean that the appropriations listed under them are available for the fiscal year ending June 
238.6 	30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second 
238.7 	year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.

238.8				APPROPRIATIONS
	
238.9				Available for the Year
	
238.10				Ending June 30
	
238.11					2026
		2027

238.12	Sec. 2. TOTAL APPROPRIATION
	$
	7,767,480,000
	$
	7,917,705,000

238.13	Subdivision 1.Appropriations by Fund

238.14	Appropriations by Fund
	
238.15		2026
	2027
	
238.16	General
	7,765,519,000
	7,915,516,000
	
238.17	Lottery Prize
	1,733,000
	1,733,000
	
238.18
238.19
238.20	State Government 
Special Revenue 
Fund
	228,000
	456,000
	
238.21 	The amounts that may be spent for each 
238.22 	purpose are specified in the following sections 
238.23 	and subdivisions.

238.24	Subd. 2.Information Technology Appropriations
 					
238.25 	(a) IT Appropriations Generally
238.26 	This appropriation includes money for 
238.27 	information technology projects, services, and 
238.28 	support. Funding for information technology 
238.29 	project costs must be incorporated into the 
238.30 	service-level agreement and paid to Minnesota 
238.31 	IT Services by the Department of Human 
238.32 	Services under the rates and mechanism 
238.33 	specified in that agreement.
238.34 	(b) Receipts for Systems Project
239.1 	Appropriations and federal receipts for 
239.2 	information technology systems projects for 
239.3 	MMIS and METS must be deposited in the 
239.4 	state systems account authorized in Minnesota 
239.5 	Statutes, section 256.014. Money appropriated 
239.6 	for information technology projects approved 
239.7 	by the commissioner of Minnesota IT 
239.8 	Services, funded by the legislature, and 
239.9 	approved by the commissioner of management 
239.10 	and budget may be transferred from one 
239.11 	project to another and from development to 
239.12 	operations as the commissioner of human 
239.13 	services deems necessary. Any unexpended 
239.14 	balance in the appropriation for these projects 
239.15 	does not cancel and is available for ongoing 
239.16 	development and operations.

239.17	Sec. 3. CENTRAL OFFICE; OPERATIONS
 	$
	3,452,000
	$
	4,056,000
	
239.18 	The general fund base for this section is 
239.19 	$2,435,000 in fiscal year 2028 and $2,251,000 
239.20 	in fiscal year 2029.

239.21	Sec. 4. CENTRAL OFFICE; HEALTH CARE
 	$
	887,000
	$
	1,017,000

239.22
239.23	Sec. 5. CENTRAL OFFICE; AGING AND 
DISABILITY SERVICES
 	$
	4,981,000
	$
	3,022,000

239.24
239.25
239.26	Subdivision 1.Provisional or Transitional 
Approval of Integrated Community Services 
Settings
 					
239.27 	$150,000 in fiscal year 2026 is to develop 
239.28 	draft legislative language to improve the 
239.29 	process for approving integrated community 
239.30 	support settings. This is a onetime 
239.31 	appropriation.

239.32	Subd. 2.Positive Supports Competency Program
 					
239.33 	$1,000,000 in fiscal year 2026 is for the 
239.34 	positive supports competency program. This 
240.1 	is a onetime appropriation and is available 
240.2 	until June 30, 2029.

240.3
240.4	Subd. 3.Cost Reporting Improvement and Direct 
Care Staff Review
 					
240.5 	$150,000 in fiscal year 2026 is to complete a 
240.6 	cost reporting improvement study and direct 
240.7 	care staffing review. This is a onetime 
240.8 	appropriation.

240.9240.10
	Subd. 4.Assisted Living Licensure and Disability 
Waiver Rate Study And Draft Legislation
 					
240.11 	$100,000 in fiscal year 2026 is to complete a 
240.12 	study on assisted living licensure and disability 
240.13 	waiver reimbursement rates and to draft 
240.14 	proposed legislation. This is a onetime 
240.15 	appropriation.

240.16	Subd. 5.Base Level Adjustment
 					
240.17 	The general fund base for this section is 
240.18 	$3,164,000 in fiscal year 2028 and $3,164,000 
240.19 	in fiscal year 2029.

240.20
240.21	Sec. 6. CENTRAL OFFICE; BEHAVIORAL 
HEALTH
 	$
	193,000
	$
	244,000

240.22
240.23	Subdivision 1.Substance Use Disorder 
Treatment Staff Report and Recommendations
 					
240.24 	$100,000 in fiscal year 2026 and $50,000 in 
240.25 	fiscal year 2027 are for a substance use 
240.26 	disorder treatment staff report and 
240.27 	recommendations. This is a onetime 
240.28 	appropriation.

240.29	Subd. 2.Base Level Adjustment
 					
240.30 	The general fund base for this section is 
240.31 	$194,000 in fiscal year 2028 and $194,000 in 
240.32 	fiscal year 2029.

240.33
240.34	Sec. 7. CENTRAL OFFICE; OFFICE OF 
INSPECTOR GENERAL
 	$
	4,113,000
	$
	4,853,000

241.1	Subdivision 1.Appropriations by Fund

241.2	Appropriations by Fund
	
241.3		2026
	2027
	
241.4	General
	3,885,000
	4,397,000
	
241.5
241.6	State Government 
Special Revenue
	228,000
	456,000

241.7	Subd. 2.Base Level Adjustment
 					
241.8 	The general fund base for this section is 
241.9 	$4,396,000 in fiscal year 2028 and $4,396,000 
241.10 	in fiscal year 2029.

241.11
241.12	Sec. 8. FORECASTED PROGRAMS; 
HOUSING SUPPORT
 	$
	180,000
	$
	180,000

241.13
241.14	Sec. 9. FORECASTED PROGRAMS; 
MEDICAL ASSISTANCE
 	$
	7,440,006,000
	$
	7,652,756,000

241.15
241.16	Sec. 10. FORECASTED PROGRAMS; 
ALTERNATIVE CARE
 	$
	55,694,000
	$
	56,354,000
	
241.17 	Any money allocated to the alternative care 
241.18 	program that is not spent for the purposes 
241.19 	indicated does not cancel but must be 
241.20 	transferred to the medical assistance account.

241.21
241.22	Sec. 11. FORECASTED PROGRAMS; 
BEHAVIORAL HEALTH FUND
 	$
	138,575,000
	$
	118,318,000

241.23
241.24	Sec. 12. GRANT PROGRAMS; CHILD AND 
COMMUNITY SERVICE GRANTS
 	$
	(5,155,000)
	$
	(5,155,000)

241.25	Seeds Worth Sowing
					
241.26 	$500,000 in fiscal year 2026 and $500,000 in 
241.27 	fiscal year 2027 are for a grant to Seeds Worth 
241.28 	Sowing to provide culturally specific supports 
241.29 	for African American Native and African 
241.30 	immigrant mothers, children, and families in 
241.31 	Minnesota. Money must be used to deliver 
241.32 	family-centered, community-based services 
241.33 	that promote early intervention, caregiver 
241.34 	support, health and developmental well-being, 
241.35 	and connection to home and community-based 
242.1 	services. Activities may include culturally 
242.2 	grounded parenting education, caregiver 
242.3 	training, peer support, and programs that 
242.4 	strengthen family stability, child development, 
242.5 	and community connectedness. Priority must 
242.6 	be given to programs serving families 
242.7 	impacted by poverty, disability, or systemic 
242.8 	barriers to care.

242.9242.10
	Sec. 13. GRANT PROGRAMS; OTHER 
LONG-TERM CARE GRANTS
 	$
	3,197,000
	$
	1,925,000

242.11
242.12	Subdivision 1.Health Awareness Hub Pilot 
Project
 					
242.13 	$450,000 in fiscal year 2026 is for a payment 
242.14 	to the Organization for Liberians in Minnesota 
242.15 	for a health awareness hub pilot project. The 
242.16 	pilot project must seek to address health care 
242.17 	education and the physical and mental 
242.18 	wellness needs of elderly individuals within 
242.19 	the African immigrant community by offering 
242.20 	culturally relevant support, resources, and 
242.21 	preventive care education from medical 
242.22 	practitioners who have a similar background 
242.23 	and by making appropriate referrals to 
242.24 	culturally competent programs, supports, and 
242.25 	medical care. Within six months of the 
242.26 	conclusion of the pilot project, the 
242.27 	Organization for Liberians in Minnesota must 
242.28 	provide the commissioner with an evaluation 
242.29 	of the project as determined by the 
242.30 	commissioner. This is a onetime appropriation 
242.31 	and is available until June 30, 2027.

242.32
242.33	Subd. 2.Home and Community-Based Services 
Incentive Pool
 					
242.34 	$2,747,000 in fiscal year 2026 and $1,925,000 
242.35 	in fiscal year 2027 are for the home and 
243.1 	community-based services incentive pool 
243.2 	under Minnesota Statutes, section 256B.0921.

243.3
243.4	Sec. 14. GRANT PROGRAMS; AGING AND 
ADULT SERVICES GRANTS
 	$
	43,880,000
	$
	43,631,000

243.5	Subdivision 1.Age-Friendly Community Grants
 					
243.6 	$882,000 in fiscal year 2026 and $882,000 in 
243.7 	fiscal year 2027 are for age-friendly 
243.8 	community grants under Minnesota Statutes, 
243.9 	section 256.9747, subdivision 1.

243.10
243.11	Subd. 2.Age-Friendly Technical Assistance 
Grants
 					
243.12 	$507,000 in fiscal year 2026 and $507,000 in 
243.13 	fiscal year 2027 are for age-friendly technical 
243.14 	assistance grants under Minnesota Statutes, 
243.15 	section 256.9747, subdivision 2.

243.16	Subd. 3.Minnesota Board on Aging
 					
243.17 	$1,575,000 in fiscal year 2026 and $1,575,000 
243.18 	in fiscal year 2027 are for the Minnesota 
243.19 	Board on Aging under Minnesota Statutes, 
243.20 	section 256.975, to add 18 additional staff 
243.21 	positions for the area agencies on aging 
243.22 	contact centers to support senior LinkAge Line 
243.23 	operations.

243.24	Subd. 4.Boundary Waters Care Center
 					
243.25 	$250,000 in fiscal year 2026 is for a 
243.26 	sole-source grant to Boundary Waters Care 
243.27 	Center in Ely, Minnesota. This is a onetime 
243.28 	appropriation.

243.29	Subd. 5.Dementia Grants
 					
243.30 	$750,000 in fiscal year 2026 and $750,000 in 
243.31 	fiscal year 2027 are for regional and local 
243.32 	dementia grants administered by the 
244.1 	Minnesota Board on Aging under Minnesota 
244.2 	Statutes, section 256.975, subdivision 11.

244.3	Subd. 6.Senior Dining Program
 					
244.4 	$400,000 in fiscal year 2026 and $400,000 in 
244.5 	fiscal year 2027 are for a grant to Catholic 
244.6 	Charities of the Diocese of St. Cloud to 
244.7 	operate its senior dining program.

244.8
244.9	Subd. 7.Long-Term Care Consultation Services 
Grants
 					
244.10 	$1,739,000 in fiscal year 2026 and $1,739,000 
244.11 	in fiscal year 2027 are for grants for long-term 
244.12 	care consultation services under Minnesota 
244.13 	Statutes, section 256B.0911, and long-term 
244.14 	care options counseling under Minnesota 
244.15 	Statutes, section 256.975, subdivision 7.

244.16	Subd. 8.Prescription Drug Assistance Program
 					
244.17 	$1,191,000 in fiscal year 2026 and $1,191,000 
244.18 	in fiscal year 2027 are for a grant to the Board 
244.19 	on Aging for the prescription drug assistance 
244.20 	program under Minnesota Statutes, section 
244.21 	256.975, subdivision 9.

244.22
244.23	Subd. 9.Core Home and Community-Based 
Service Projects
 					
244.24 	$1,585,000 in fiscal year 2026 and $1,585,000 
244.25 	in fiscal year 2027 are for core home and 
244.26 	community-based service projects under 
244.27 	Minnesota Statutes, section 256.9754, 
244.28 	subdivision 3d.

244.29
244.30	Subd. 10.Caregiver Support and Respite Care 
Projects
 					
244.31 	$479,000 in fiscal year 2026 and $479,000 in 
244.32 	fiscal year 2027 are for caregiver support and 
244.33 	respite care projects under Minnesota Statutes, 
244.34 	section 256.9754, subdivision 3c.

245.1
245.2	Subd. 11.Community Services Development 
Grants
 					
245.3 	$2,980,000 in fiscal year 2026 and $2,980,000 
245.4 	in fiscal year 2027 are for community services 
245.5 	development grants under Minnesota Statutes, 
245.6 	section 256.9754, subdivision 3.

245.7	Subd. 12.Community Service Grants
 					
245.8 	$3,128,000 in fiscal year 2026 and $3,128,000 
245.9 	in fiscal year 2027 are for community service 
245.10 	grants under Minnesota Statutes, section 
245.11 	256.9754, subdivision 3e.

245.12
245.13	Subd. 13.Customized Living Quality 
Improvement Grants
 					
245.14 	$1,000,000 in fiscal year 2026 and $1,000,000 
245.15 	in fiscal year 2027 are for customized living 
245.16 	quality improvement grants under Minnesota 
245.17 	Statutes, section 256.479.

245.18	Subd. 14.Regional and Local Dementia Grants
 					
245.19 	$750,000 in fiscal year 2026 and $750,000 in 
245.20 	fiscal year 2027 are for regional and local 
245.21 	dementia grants under Minnesota Statutes, 
245.22 	section 256.975, subdivision 11.

245.23	Subd. 15.Eldercare Development Partnerships
 					
245.24 	$1,758,000 in fiscal year 2026 and $1,758,000 
245.25 	in fiscal year 2027 are for eldercare 
245.26 	development partnerships under Minnesota 
245.27 	Statutes, section 256B.0917, subdivision 1c.

245.28	Subd. 16.Gaps Analysis
 					
245.29 	$218,000 in fiscal year 2026 and $218,000 in 
245.30 	fiscal year 2027 are for analysis of gaps in 
245.31 	long-term care services under Minnesota 
245.32 	Statutes, section 144A.351.

246.1	Subd. 17.Consumer Information and Assistance
 					
246.2 	$3,449,000 in fiscal year 2026 and $3,449,000 
246.3 	in fiscal year 2027 are for a grant to the Board 
246.4 	on Aging to provide information and 
246.5 	assistance services under Minnesota Statutes, 
246.6 	section 256.975, subdivision 7.

246.7	Subd. 18.Minnesota Adult Abuse Reporting
 					
246.8 	$1,819,000 in fiscal year 2026 and $1,819,000 
246.9 	in fiscal year 2027 are for a grant to the 
246.10 	Minnesota Board on Aging to handle all 
246.11 	reports of adult abuse for older adults and 
246.12 	people with disabilities in various care 
246.13 	settings.

246.14	Subd. 19.Return to Community Services
 					
246.15 	$9,341,000 in fiscal year 2026 and $9,341,000 
246.16 	in fiscal year 2027 are for a grant to the Board 
246.17 	on Aging for return to community services 
246.18 	under Minnesota Statutes, section 256.975, 
246.19 	subdivision 7.

246.20	Subd. 20.Preadmission Screening
 					
246.21 	$817,000 in fiscal year 2026 and $817,000 in 
246.22 	fiscal year 2027 are for a grant to the Board 
246.23 	on Aging for preadmission screening under 
246.24 	Minnesota Statutes, section 256.975, 
246.25 	subdivisions 7a to 7d.

246.26	Subd. 21.Direct Support Connect
 					
246.27 	$236,000 in fiscal year 2026 and $236,000 in 
246.28 	fiscal year 2027 are for a grant to the Board 
246.29 	on Aging for activities supporting Direct 
246.30 	Support Connect.

246.31	Subd. 22.Self-Directed Caregiver Grants
 					
246.32 	$477,000 in fiscal year 2026 and $477,000 in 
246.33 	fiscal year 2027 are for self-directed caregiver 
247.1 	grants under Minnesota Statutes, section 
247.2 	256.975, subdivision 12.

247.3	Subd. 23.Senior Nutrition Program
 					
247.4 	$2,695,000 in fiscal year 2026 and $2,695,000 
247.5 	in fiscal year 2027 are for the senior nutrition 
247.6 	program under Minnesota Statutes, section 
247.7 	256.9752. The general fund base for senior 
247.8 	nutrition programs under Minnesota Statutes, 
247.9 	section 256.9752, is increased by $125,000 
247.10 	for fiscal year 2028 and by $125,000 for fiscal 
247.11 	year 2029.

247.12	Subd. 24.Senior Volunteer Programs
 					
247.13 	$1,988,000 in fiscal year 2026 and $1,988,000 
247.14 	in fiscal year 2027 are for volunteer programs 
247.15 	for retired senior citizens under Minnesota 
247.16 	Statutes, section 256.9753; the foster 
247.17 	grandparents program under Minnesota 
247.18 	Statutes, section 256.976; and the senior 
247.19 	companion program under Minnesota Statutes, 
247.20 	section 256.977.

247.21	Subd. 25.Adult Protection Grants
 					
247.22 	$866,000 in fiscal year 2026 and $867,000 in 
247.23 	fiscal year 2027 are for adult protection grants 
247.24 	to counties and Tribes under Minnesota 
247.25 	Statutes, section 256M.42.

247.26	Subd. 26.Base Level Adjustment
 					
247.27 	The general fund base for this section is 
247.28 	$43,756,000 in fiscal year 2028 and 
247.29 	$43,756,000 in fiscal year 2029.

247.30
247.31	Sec. 15. DEAF, DEAFBLIND, AND HARD OF 
HEARING GRANTS
 	$
	2,886,000
	$
	2,886,000

248.1	Subdivision 1.Community Support Services
 					
248.2 	$....... in fiscal year 2026 and $....... in fiscal 
248.3 	year 2027 are for grants under Minnesota 
248.4 	Statutes, section 256.01, subdivision 2, for 
248.5 	community support services for deaf and 
248.6 	hard-of-hearing adults with mental illness who 
248.7 	use or wish to use sign language as their 
248.8 	primary means of communication.

248.9	Subd. 2.Hearing Loss Mentors
 					
248.10 	$40,000 in fiscal year 2026 and $40,000 in 
248.11 	fiscal year 2027 are to provide mentors who 
248.12 	have a hearing loss to parents of newly 
248.13 	identified infants and children with hearing 
248.14 	loss.

248.15
248.16	Subd. 3.DeafBlind Programs, Services, and 
Supports Grants
 					
248.17 	$....... in fiscal year 2026 and $....... in fiscal 
248.18 	year 2027 are for grants under Minnesota 
248.19 	Statutes, section 256C.233, for programs, 
248.20 	services, and supports for persons who are 
248.21 	deaf, persons who are deafblind, and persons 
248.22 	who are hard-of-hearing in identified areas of 
248.23 	need such as deafblind services, family 
248.24 	services, interpreting services, linguistically 
248.25 	and culturally appropriate mental health 
248.26 	services, and culturally affirmative psychiatric 
248.27 	services.

248.28	Subd. 4.Services for People Who Are Deafblind
 					
248.29 	$....... in fiscal year 2026 and $....... in fiscal 
248.30 	year 2027 are for grants under Minnesota 
248.31 	Statutes, section 256C.261, for services for 
248.32 	people who are deafblind.

248.33
248.34	Sec. 16. GRANT PROGRAMS; DISABILITY 
GRANTS
 	$
	68,415,000
	$
	28,793,000

249.1
249.2	Subdivision 1.Self-Directed Bargaining 
Agreement; Orientation Start-Up Funds
 					
249.3 	$3,000,000 in fiscal year 2026 is for 
249.4 	orientation program start-up costs as defined 
249.5 	by the SEIU collective bargaining agreement. 
249.6 	This is a onetime appropriation.

249.7
249.8	Subd. 2.Self-Directed Bargaining Agreement; 
Orientation Ongoing Funds
 					
249.9 	$2,000,000 in fiscal year 2026 and $500,000 
249.10 	in fiscal year 2027 are for ongoing costs 
249.11 	related to the orientation program as defined 
249.12 	by the SEIU collective bargaining agreement.

249.13
249.14	Subd. 3.Self-Directed Bargaining Agreement; 
Training Stipends
 					
249.15 	$2,250,000 in fiscal year 2026 is for onetime 
249.16 	stipends of $750 for collective bargaining unit 
249.17 	members for training. This is a onetime 
249.18 	appropriation.

249.19
249.20	Subd. 4.Self-Directed Bargaining Agreement; 
Retirement Trust Funds
 					
249.21 	$350,000 in fiscal year 2026 is for a vendor 
249.22 	to create a retirement trust, as defined by the 
249.23 	SEIU collective bargaining agreement. This 
249.24 	is a onetime appropriation.

249.25
249.26	Subd. 5.Self-Directed Bargaining Agreement; 
Health Care Stipends
 					
249.27 	$30,750,000 in fiscal year 2026 is for stipends 
249.28 	of $1,200 for each collective bargaining unit 
249.29 	member for retention and defraying any health 
249.30 	insurance costs the member may incur. 
249.31 	Stipends are available once per fiscal year per 
249.32 	member for fiscal year 2026 and fiscal year 
249.33 	2027. Of this amount, $30,000,000 in fiscal 
249.34 	year 2026 is for stipends and $750,000 in 
249.35 	fiscal year 2026 is for administration. This is 
250.1 	a onetime appropriation and is available until 
250.2 	June 30, 2027.

250.3
250.4	Subd. 6.Disability Services Technology And 
Advocacy Expansion Grant
 					
250.5 	(a) $226,000 in fiscal year 2026 and $220,000 
250.6 	in fiscal year 2027 are for the disability 
250.7 	services technology and advocacy expansion 
250.8 	grant under Minnesota Statutes, section 
250.9 	256.4768. The general fund base for this 
250.10 	purpose is $220,000 in fiscal year 2028, 
250.11 	$220,000 in fiscal year 2029, $220,000 in 
250.12 	fiscal year 2030, and $0 in fiscal year 2031.
250.13 	(b) This subdivision expires June 30, 2030.

250.14	Subd. 7.Disability Inclusion Pilot Project
 					
250.15 	(a) $1,000,000 in fiscal year 2026 is for a 
250.16 	payment to Lifeworks Services, Inc., for a 
250.17 	statewide disability inclusion pilot project. 
250.18 	This is a onetime appropriation.
250.19 	(b) The pilot project must:
250.20 	(1) persuade employers to diversify their 
250.21 	workforces by hiring people with disabilities;
250.22 	(2) educate businesses on the economic 
250.23 	benefits of inclusive employment and provide 
250.24 	coaching on affordable accommodations;
250.25 	(3) educate Minnesotans with disabilities and 
250.26 	their families on navigating services and 
250.27 	achieving inclusion in both work and 
250.28 	community settings;
250.29 	(4) build capacity and support for culturally 
250.30 	specific services by rural, Black, Indigenous, 
250.31 	or People of Color entrepreneurs;
250.32 	(5) pilot community-requested support 
250.33 	services;
251.1 	(6) invest in safe community-focused spaces 
251.2 	to host trainings and requested support 
251.3 	services; and
251.4 	(7) launch a statewide disability inclusion 
251.5 	assessment for businesses and community 
251.6 	spaces to improve accessibility and inclusion.
251.7 	(c) The pilot project must reach all six 
251.8 	Minnesota planning areas to ensure equal 
251.9 	access to the pilot project activities in rural 
251.10 	and Tribal regions.

251.11
251.12	Subd. 8.Family Residential Service Provider 
Grants
 					
251.13 	$500,000 in fiscal year 2026 and $500,000 in 
251.14 	fiscal year 2027 are for grants to providers of 
251.15 	family residential services reimbursed under 
251.16 	Minnesota Statutes, section 256B.4914, who 
251.17 	demonstrate in a form and manner determined 
251.18 	by the commissioner of human services that 
251.19 	the total net income of the family residential 
251.20 	service provider is not generating sufficient 
251.21 	revenue to cover the operating expenses of the 
251.22 	provider incurred on or after January 1, 2026, 
251.23 	and the family foster care setting is financially 
251.24 	distressed and at risk of closure. This is a 
251.25 	onetime appropriation and is available until 
251.26 	June 30, 2029.

251.27	Subd. 9.Minnesota Ethnic Providers Network
 					
251.28 	(a) $239,000 in fiscal year 2026 is for a grant 
251.29 	to the Minnesota Ethnic Providers Network 
251.30 	to:
251.31 	(1) develop curriculum for a pretraining 
251.32 	program tailored to the educational needs of 
251.33 	potential direct support professionals;
252.1 	(2) provide workforce readiness training for 
252.2 	individuals entering the field of direct care 
252.3 	and support services;
252.4 	(3) expand recruitment efforts to increase 
252.5 	direct support professional workforce capacity, 
252.6 	particularly among diverse and 
252.7 	underrepresented communities; and
252.8 	(4) collaborate with community-based 
252.9 	organizations, educational institutions, and 
252.10 	providers to support the long-term 
252.11 	development of the direct support 
252.12 	professionals workforce.
252.13 	(b) This is a onetime appropriation.

252.14	Subd. 10.Maangaar Voices
 					
252.15 	$200,000 in fiscal year 2026 is for a grant to 
252.16 	Maangaar Voices to conduct education 
252.17 	activities and trainings for Minnesota families 
252.18 	related to county services and educational 
252.19 	services available for individuals with autism 
252.20 	and to conduct family support group 
252.21 	workshops. This is a onetime appropriation 
252.22 	and is available until June 30, 2027.

252.23	Subd. 11.Technology for Home Grants
 					
252.24 	$300,000 in fiscal year 2026 and $300,000 in 
252.25 	fiscal year 2027 are for technology for home 
252.26 	grants under Minnesota Statutes, section 
252.27 	256.4773.

252.28
252.29	Subd. 12.Self-Advocacy Grants for Persons with 
Intellectual and Developmental Disabilities
 					
252.30 	$381,000 in fiscal year 2026 and $381,000 in 
252.31 	fiscal year 2027 are for self-advocacy grants 
252.32 	under Minnesota Statutes, section 256.477. 
252.33 	Of these amounts:
253.1 	(1) $133,000 in fiscal year 2026 and $133,000 
253.2 	in fiscal year 2027 are for the activities under 
253.3 	Minnesota Statutes, section 256.477, 
253.4 	subdivision 1, paragraph (a), and for 
253.5 	administrative costs associated with those 
253.6 	activities incurred by the grantee;
253.7 	(2) $218,000 in fiscal year 2026 and $218,000 
253.8 	in fiscal year 2027 are for the activities under 
253.9 	Minnesota Statutes, section 256.477, 
253.10 	subdivision 1, paragraph (a), clauses (5) to (7), 
253.11 	and for administrative costs associated with 
253.12 	those activities incurred by the grantee; and
253.13 	(3) $105,000 in fiscal year 2026 and $105,000 
253.14 	in fiscal year 2027 are for the activities under 
253.15 	Minnesota Statutes, section 256.477, 
253.16 	subdivision 2.

253.17	Subd. 13.Case Management Training Grants
 					
253.18 	$45,000 in fiscal year 2026 and $45,000 in 
253.19 	fiscal year 2027 are for grants to provide case 
253.20 	management training to organizations and 
253.21 	employers to support the state's disability 
253.22 	employment supports system.

253.23	Subd. 14.Family Support Program
 					
253.24 	$9,423,000 in fiscal year 2026 and $9,096,000 
253.25 	in fiscal year 2027 are for support grants under 
253.26 	Minnesota Statutes, section 252.32.

253.27	Subd. 15.Disability Hub for Families Grants
 					
253.28 	$200,000 in fiscal year 2026 and $200,000 in 
253.29 	fiscal year 2027 are for grants under Laws 
253.30 	2019, First Special Session chapter 9, article 
253.31 	14, section 2, subdivision 29, paragraph (e), 
253.32 	to connect families through innovation grants, 
253.33 	life planning tools, and website information 
254.1 	as they support a child or family member with 
254.2 	disabilities.

254.3	Subd. 16.Disability Hub
 					
254.4 	$1,716,000 in fiscal year 2026 and $2,041,000 
254.5 	in fiscal year 2027 are for the Disability Hub 
254.6 	under Minnesota Statutes, section 256.01, 
254.7 	subdivision 24.

254.8
254.9	Subd. 17.Minnesota Aging and Disability 
Resource Center
 					
254.10 	$900,000 in fiscal year 2026 and $900,000 in 
254.11 	fiscal year 2027 are for grants under 
254.12 	Minnesota Statutes, section 256.01, 
254.13 	subdivision 2, paragraph (z), to support the 
254.14 	Minnesota Aging and Disability Resource 
254.15 	Center.

254.16
254.17	Subd. 18.Day Training and Habilitation Facility 
Grants
 					
254.18 	$811,000 in fiscal year 2026 and $811,000 in 
254.19 	fiscal year 2027 are for grant allocations to 
254.20 	counties for day training and habilitation 
254.21 	services for adults with developmental 
254.22 	disabilities when provided as a social service 
254.23 	under Minnesota Statutes, sections 252.41 to 
254.24 	252.46.

254.25
254.26	Subd. 19.Employment and Technical Assistance 
Center Grants
 					
254.27 	$450,000 in fiscal year 2026 and $1,800,000 
254.28 	in fiscal year 2027 are for employment and 
254.29 	technical assistance grants to assist 
254.30 	organizations and employers in promoting a 
254.31 	more inclusive workplace for people with 
254.32 	disabilities.

255.1	Subd. 20.Grant to Family Voices in Minnesota
 					
255.2 	$75,000 in fiscal year 2026 and $75,000 in 
255.3 	fiscal year 2027 are for a grant to Family 
255.4 	Voices in Minnesota under Minnesota 
255.5 	Statutes, section 256.4776.

255.6
255.7	Subd. 21.Intractable Epilepsy Demonstration 
Project
 					
255.8 	$344,000 in fiscal year 2026 and $344,000 in 
255.9 	fiscal year 2027 are for the demonstration 
255.10 	project established under Laws 1988, chapter 
255.11 	689, article 2, section 251, and a grant to a 
255.12 	nonresidential program that provides medical 
255.13 	monitoring and living skills training programs 
255.14 	for persons with intractable epilepsy who need 
255.15 	assistance in the transition to independent 
255.16 	living. The grant awarded under this section 
255.17 	must be used for salaries, administration, 
255.18 	transportation, and other program costs.

255.19
255.20	Subd. 22.Lead Agency Capacity-Building 
Grants
 					
255.21 	$2,413,000 in fiscal year 2026 and $2,411,000 
255.22 	in fiscal year 2027 are for grants to assist 
255.23 	organizations, counties, and Tribes to build 
255.24 	capacity for employment opportunities for 
255.25 	people with disabilities.

255.26	Subd. 23.Minnesota Inclusion Initiative Grants
 					
255.27 	$150,000 in fiscal year 2026 and $150,000 in 
255.28 	fiscal year 2027 are from the general fund for 
255.29 	grants under Minnesota Statutes, section 
255.30 	256.4772.

255.31	Subd. 24.MnCHOICES Modifications
 					
255.32 	$450,000 in fiscal year 2026 and $125,000 in 
255.33 	fiscal year 2027 are for enhancements to the 
255.34 	MnCHOICES assessment tool to provide 
256.1 	real-time employment information, 
256.2 	communication, and resources, supporting 
256.3 	individuals and professionals in improving 
256.4 	education, engagement, and access to 
256.5 	employment opportunities.

256.6	Subd. 25.Parent-to-Parent USA Peer Support
 					
256.7 	$125,000 in fiscal year 2026 and $125,000 in 
256.8 	fiscal year 2027 are for a grant to an alliance 
256.9 	member of Parent-to-Parent USA under 
256.10 	Minnesota Statutes, section 256.4776.

256.11
256.12
256.13	Subd. 26.Preadmission Screening and Resident 
Reviews for Persons with Mental Illness or 
Developmental Disabilities
 					
256.14 	$20,000 in fiscal year 2026 and $20,000 in 
256.15 	fiscal year 2027 are for reimbursement to 
256.16 	counties for costs associated with completing 
256.17 	federally required preadmission screening and 
256.18 	resident reviews of nursing home applicants 
256.19 	or residents with a probable mental illness or 
256.20 	a developmental disability.

256.21
256.22	Subd. 27.Regional Support for Person-Centered 
Practices Grants
 					
256.23 	$710,000 in fiscal year 2026 and $710,000 in 
256.24 	fiscal year 2027 are for grants to regional 
256.25 	cohorts to extend and expand regional capacity 
256.26 	for person-centered planning through training, 
256.27 	coaching, and mentoring for person-centered 
256.28 	and collaborative safety practices benefiting 
256.29 	people with disabilities and employees, 
256.30 	organizations, and communities serving people 
256.31 	with disabilities.

256.32	Subd. 28.Region 10 Grants
 					
256.33 	$100,000 in fiscal year 2026 and $100,000 in 
256.34 	fiscal year 2027 are for a grant provided under 
256.35 	Minnesota Statutes, section 256B.097.

257.1
257.2	Subd. 29.Semi-Independent Living Services 
Grants
 					
257.3 	$7,229,000 in fiscal year 2026 and $7,229,000 
257.4 	in fiscal year 2027 are for semi-independent 
257.5 	living services grants under Minnesota 
257.6 	Statutes, section 252.275.

257.7
257.8	Subd. 30.Case Management Supportive Services 
for People Living with HIV/AIDS
 					
257.9 	$1,156,000 in fiscal year 2026 and $1,156,000 
257.10 	in fiscal year 2027 are for grants to 
257.11 	community-based HIV/AIDS supportive 
257.12 	services providers as defined in Minnesota 
257.13 	Statutes, section 256.01, subdivision 19.

257.14
257.15	Subd. 31.Health Care Coverage for People 
Living with HIV/AIDS
 					
257.16 	$1,064,000 in fiscal year 2026 and $1,064,000 
257.17 	in fiscal year 2027 are for payment of allowed 
257.18 	health care costs under Minnesota Statutes, 
257.19 	section 256.9365.

257.20	Subd. 32.State Quality Council
 					
257.21 	$600,000 in fiscal year 2026 and $600,000 in 
257.22 	fiscal year 2027 are for the State Quality 
257.23 	Council under Minnesota Statutes, section 
257.24 	256B.097, to provide technical assistance and 
257.25 	monitoring of person-centered outcomes 
257.26 	related to inclusive community living and 
257.27 	employment. The funding must be used by the 
257.28 	State Quality Council to execute a statewide 
257.29 	plan for a systems change in person-centered 
257.30 	planning that will achieve desired outcomes, 
257.31 	including increased integrated employment 
257.32 	and community living.

258.1	Subd. 33.Technology for Home Grants
 					
258.2 	$622,000 in fiscal year 2026 and $622,000 in 
258.3 	fiscal year 2027 are for technology for home 
258.4 	grants under Minnesota Statutes, section 
258.5 	256.4773.

258.6	Subd. 34.Transition to Community Initiative
 					
258.7 	$1,811,000 in fiscal year 2026 and $1,811,000 
258.8 	in fiscal year 2027 are for the transition to 
258.9 	community initiative under Minnesota 
258.10 	Statutes, section 256.478.

258.11
258.12	Subd. 35.Self-Directed Bargaining Agreement; 
Training Stipends; Allocation Correction
 					
258.13 	$87,000 in fiscal year 2026 and $87,000 in 
258.14 	fiscal year 2027 are to correct a funding 
258.15 	allocation mistake for stipends for collective 
258.16 	bargaining unit members initially appropriated 
258.17 	under Laws 2017, First Special Session 
258.18 	chapter 6, article 18, section 2, subdivision 15, 
258.19 	paragraph (b), clause (2).

258.20	Subd. 36.Base Level Adjustments
 					
258.21 	The general fund base for this section is 
258.22 	$28,293,000 in fiscal year 2028 and 
258.23 	$28,293,000 in fiscal year 2029.

258.24
258.25	Sec. 17. GRANT PROGRAMS; ADULT 
MENTAL HEALTH GRANTS
 	$
	650,000
	$
	-0-

258.26
258.27	Subdivision 1.Isuroon Sexual and Domestic 
Violence Program
 					
258.28 	$450,000 in fiscal year 2026 is for a grant to 
258.29 	Isuroon for its sexual and domestic violence 
258.30 	program that provides essential culturally and 
258.31 	linguistically specific and trauma-informed 
258.32 	services to immigrant, refugee, and ethnic 
258.33 	women and their families in Minnesota who 
258.34 	are survivors of sexual and domestic violence. 
259.1 	Eligible uses of grant money under this 
259.2 	subdivision include maintaining a 24-hour 
259.3 	crisis line for immediate support and referral, 
259.4 	rental assistance to ensure safe and stable 
259.5 	housing, legal support and advocacy to assist 
259.6 	with legal proceedings, and home visiting 
259.7 	services to provide in-home support and 
259.8 	counseling. This is a onetime appropriation 
259.9 	and is available until June 30, 2027.

259.10	Subd. 2.Somali Youth Development Network
 					
259.11 	$200,000 in fiscal year 2026 is for a grant to 
259.12 	The Somali Youth Development Network to 
259.13 	further its mission to provide accessible, 
259.14 	high-quality services such as counseling and 
259.15 	therapy, mentorship, educational support, skill 
259.16 	development, and community engagement 
259.17 	initiatives to at-risk youth and families 
259.18 	affected by trauma, with a specific focus on 
259.19 	gun violence prevention. The grant money 
259.20 	must be used to enhance and expand The 
259.21 	Somali Youth Development Network's 
259.22 	existing services and to invest in critical 
259.23 	resources such as staff training, counseling 
259.24 	facilities, mentorship programs, educational 
259.25 	materials, community outreach initiatives, and 
259.26 	comprehensive support programs. This is a 
259.27 	onetime appropriation and is available until 
259.28 	June 30, 2027.

259.29
259.30
259.31	Sec. 18. GRANT PROGRAMS; CHEMICAL 
DEPENDENCY TREATMENT SUPPORT 
GRANTS
 	$
	5,526,000
	$
	4,825,000

259.32	Subdivision 1.Appropriations by Fund

259.33	Appropriations by Fund
	
259.34		2026
	2027
	
260.1	General
	3,793,000
	3,092,000
	
260.2	Lottery Prize
	1,733,000
	1,733,000

260.3	Subd. 2.Problem Gambling
 					
260.4 	$225,000 in fiscal year 2026 and $225,000 in 
260.5 	fiscal year 2027 are from the lottery prize fund 
260.6 	for a grant to a state affiliate recognized by 
260.7 	the National Council on Problem Gambling. 
260.8 	The affiliate must provide services to increase 
260.9 	public awareness of problem gambling, 
260.10 	education, training for individuals and 
260.11 	organizations that provide effective treatment 
260.12 	services to problem gamblers and their 
260.13 	families, and research related to problem 
260.14 	gambling.

260.15	Subd. 3.Generation Hope
 					
260.16 	(a) $500,000 in fiscal year 2026 is from the 
260.17 	general fund for a grant to Generation Hope. 
260.18 	Money must be used to enhance culturally 
260.19 	specific peer recovery and outreach programs, 
260.20 	including:
260.21 	(1) expanding culturally relevant peer recovery 
260.22 	support services to meet the diverse needs of 
260.23 	individuals in recovery;
260.24 	(2) conducting targeted outreach to 
260.25 	underserved communities to increase access 
260.26 	to recovery resources;
260.27 	(3) providing training and professional 
260.28 	development for peer recovery specialists to 
260.29 	ensure culturally informed care; and
260.30 	(4) partnering with community-based 
260.31 	organizations to strengthen connections and 
260.32 	provide wraparound support services for 
260.33 	participants.
261.1 	(b) This is a onetime appropriation.

261.2	Subd. 4.Restoration for All, Inc.
 					
261.3 	$435,000 in fiscal year 2026 and $434,000 in 
261.4 	fiscal year 2027 are from the general fund for 
261.5 	a grant to Restoration for All, Inc. Grant 
261.6 	money must be used for activities designed to 
261.7 	enhance culturally relevant services and 
261.8 	resources for Minnesota's African immigrant 
261.9 	refugee community related to mental health, 
261.10 	substance use disorder, and suicide prevention. 
261.11 	Grant money may also be used to address the 
261.12 	physical and mental wellness needs of the 
261.13 	elderly and mental health support and suicide 
261.14 	prevention for underrepresented students in 
261.15 	higher education. This is a onetime 
261.16 	appropriation and is available until June 30, 
261.17 	2027.

261.18	Subd. 5.Change the Outcome Ongoing Funding
 					
261.19 	$425,000 in fiscal year 2026 and $425,000 in 
261.20 	fiscal year 2027 are from the general fund for 
261.21 	a grant to Change the Outcome to provide:
261.22 	(1) data-centered learning opportunities on the 
261.23 	dangers of opioid use in middle and high 
261.24 	schools and communities in Minnesota;
261.25 	(2) instruction on prevention strategies, 
261.26 	assessing personal risk, and how to recognize 
261.27 	overdose;
261.28 	(3) information on emerging drug trends, 
261.29 	including but not limited to fentanyl, xylazine, 
261.30 	and pressed pills; and
261.31 	(4) access to resources, including support for 
261.32 	those struggling with substance use disorders.

262.1	Subd. 6.Twin Cities Recovery Project
 					
262.2 	$50,000 in fiscal year 2026 and $50,000 in 
262.3 	fiscal year 2027 are from the general fund for 
262.4 	a grant to Twin Cities Recovery Project, a 
262.5 	recovery community organization. Grant 
262.6 	money must be used to:
262.7 	(1) provide geographically or culturally 
262.8 	specific peer recovery services and education 
262.9 	aimed at addressing disparities in 
262.10 	posttreatment substance use disorder and 
262.11 	mental health support; and
262.12 	(2) expand access to posttreatment recovery 
262.13 	support for high-need populations.

262.14	Subd. 7.Niyyah Recovery Initiative
 					
262.15 	$200,000 in fiscal year 2026 is from the 
262.16 	general fund for a grant to Niyyah Recovery 
262.17 	Initiative to fund support program costs, 
262.18 	community engagement, staffing, and targeted 
262.19 	high-impact outreach to expand recovery 
262.20 	services and provide critical support to 
262.21 	individuals affected by substance use. This is 
262.22 	a onetime appropriation and is available until 
262.23 	June 30, 2027.

262.24	Subd. 8.Wellness in the Woods
 					
262.25 	$300,000 in fiscal year 2026 and $300,000 in 
262.26 	fiscal year 2027 are from the general fund for 
262.27 	a grant to Wellness in the Woods for daily 
262.28 	peer support and special sessions for 
262.29 	individuals who are in substance use recovery,  
262.30 	are transitioning out of incarceration, or have 
262.31 	experienced trauma.

263.1	Subd. 9.American Indian Programs
 					
263.2 	$1,397,000 in fiscal year 2026 and $1,397,000 
263.3 	in fiscal year 2027 are from the general fund 
263.4 	for the American Indian programs under 
263.5 	Minnesota Statutes, section 254A.03, 
263.6 	subdivision 2.

263.7	Subd. 10.Methamphetamine Treatment Grant
 					
263.8 	$125,000 in fiscal year 2026 and $125,000 in 
263.9 	fiscal year 2027 are from the general fund for 
263.10 	a grant to a nonprofit organization to treat 
263.11 	methamphetamine abuse and the abuse of 
263.12 	other substances. The focus audience is 
263.13 	women with dependent children identified as 
263.14 	substance abusers, especially those whose 
263.15 	most-used controlled substance is 
263.16 	methamphetamine.

263.17	Subd. 11.Base Level Adjustment
 					
263.18 	The general fund base for this section is 
263.19 	$2,658,000 in fiscal year 2028 and $2,658,000 
263.20 	in fiscal year 2029.

263.21 	Sec. 19. Laws 2023, chapter 61, article 9, section 2, subdivision 13, is amended to read:

263.22
263.23	Subd. 13.Grant Programs; Other Long-Term 
Care Grants
 		152,387,000
		1,925,000
	
263.24 	(a) Provider Capacity Grant for Rural and 
263.25 	Underserved Communities. $17,148,000 in 
263.26 	fiscal year 2024 is for provider capacity grants 
263.27 	for rural and underserved communities. 
263.28 	Notwithstanding Minnesota Statutes, section 
263.29 	16A.28, this appropriation is available until 
263.30 	June 30, 2027. This is a onetime appropriation.
263.31 	(b) New American Legal, Social Services, 
263.32 	and Long-Term Care Grant Program.
263.33 	$28,316,000 in fiscal year 2024 is for 
264.1 	long-term care workforce grants for new 
264.2 	Americans. Notwithstanding Minnesota 
264.3 	Statutes, section 16A.28, this appropriation is 
264.4 	available until June 30, 2027. This is a onetime 
264.5 	appropriation.
264.6 	(c) Supported Decision Making Programs.
264.7 	$4,000,000 in fiscal year 2024 is for supported 
264.8 	decision making grants. This is a onetime 
264.9 	appropriation and is available until June 30, 
264.10 	2025 2026.
264.11 	(d) Direct Support Professionals 
264.12 	Employee-Owned Cooperative Program.
264.13 	$350,000 in fiscal year 2024 is for a grant to 
264.14 	the Metropolitan Consortium of Community 
264.15 	Developers for the Direct Support 
264.16 	Professionals Employee-Owned Cooperative 
264.17 	program. The grantee must use the grant 
264.18 	amount for outreach and engagement, 
264.19 	managing a screening and selection process, 
264.20 	providing one-on-one technical assistance, 
264.21 	developing and providing training curricula 
264.22 	related to cooperative development and home 
264.23 	and community-based waiver services, 
264.24 	administration, reporting, and program 
264.25 	evaluation. This is a onetime appropriation 
264.26 	and is available until June 30, 2025.
264.27 	(e) Long-Term Services and Supports 
264.28 	Workforce Incentive Grants. $83,560,000 
264.29 	in fiscal year 2024 is for long-term services 
264.30 	and supports workforce incentive grants 
264.31 	administered according to Minnesota Statutes, 
264.32 	section 256.4764. Notwithstanding Minnesota 
264.33 	Statutes, section 16A.28, this appropriation is 
264.34 	available until June 30, 2029. This is a onetime 
264.35 	appropriation.
265.1 	(f) Base Level Adjustment. The general fund 
265.2 	base is $3,949,000 in fiscal year 2026 and 
265.3 	$3,949,000 in fiscal year 2027. Of these 
265.4 	amounts, $2,024,000 in fiscal year 2026 and 
265.5 	$2,024,000 in fiscal year 2027 are for PCA 
265.6 	background study grants.

265.7 	Sec. 20. Laws 2023, chapter 61, article 9, section 2, subdivision 16, as amended by Laws 
265.8 	2023, chapter 70, article 15, section 8, and Laws 2024, chapter 127, article 53, section 14, 
265.9 	is amended to read:

265.10	Subd. 16.Grant Programs; Disabilities Grants
 		113,684,000
		30,377,000
	
265.11 	(a) Temporary Grants for Small 
265.12 	Customized Living Providers. $5,450,000 
265.13 	in fiscal year 2024 is for grants to assist small 
265.14 	customized living providers to transition to 
265.15 	community residential services licensure or 
265.16 	integrated community supports licensure. 
265.17 	Notwithstanding Minnesota Statutes, section 
265.18 	16A.28, this appropriation is available until 
265.19 	June 30, 2027. This is a onetime appropriation.
265.20 	(b) Lead Agency Capacity Building Grants.
265.21 	$444,000 in fiscal year 2024 and $2,396,000 
265.22 	in fiscal year 2025 are for grants to assist 
265.23 	organizations, counties, and Tribes to build 
265.24 	capacity for employment opportunities for 
265.25 	people with disabilities. The base for this 
265.26 	appropriation is $2,413,000 in fiscal year 2026 
265.27 	and $2,411,000 in fiscal year 2027.
265.28 	(c) Employment and Technical Assistance 
265.29 	Center Grants. $450,000 in fiscal year 2024 
265.30 	and $1,800,000 in fiscal year 2025 are for 
265.31 	employment and technical assistance grants 
265.32 	to assist organizations and employers in 
265.33 	promoting a more inclusive workplace for 
265.34 	people with disabilities.
266.1 	(d) Case Management Training Grants.
266.2 	$37,000 in fiscal year 2024 and $123,000 in 
266.3 	fiscal year 2025 are for grants to provide case 
266.4 	management training to organizations and 
266.5 	employers to support the state's disability 
266.6 	employment supports system. The base for 
266.7 	this appropriation is $45,000 in fiscal year 
266.8 	2026 and $45,000 in fiscal year 2027.
266.9 	(e) Self-Directed Bargaining Agreement; 
266.10 	Electronic Visit Verification Stipends.
266.11 	$6,095,000 in fiscal year 2024 is for onetime 
266.12 	stipends of $200 to bargaining members to 
266.13 	offset the potential costs related to people 
266.14 	using individual devices to access the 
266.15 	electronic visit verification system. Of this 
266.16 	amount, $5,600,000 is for stipends and 
266.17 	$495,000 is for administration. This is a 
266.18 	onetime appropriation and is available until 
266.19 	June 30, 2025.
266.20 	(f) Self-Directed Collective Bargaining 
266.21 	Agreement; Temporary Rate Increase 
266.22 	Memorandum of Understanding. $1,600,000 
266.23 	in fiscal year 2024 is for onetime stipends for 
266.24 	individual providers covered by the SEIU 
266.25 	collective bargaining agreement based on the 
266.26 	memorandum of understanding related to the 
266.27 	temporary rate increase in effect between 
266.28 	December 1, 2020, and February 7, 2021. Of 
266.29 	this amount, $1,400,000 of the appropriation 
266.30 	is for stipends and $200,000 is for 
266.31 	administration. This is a onetime 
266.32 	appropriation.
266.33 	(g) Self-Directed Collective Bargaining 
266.34 	Agreement; Retention Bonuses. $50,750,000 
266.35 	in fiscal year 2024 is for onetime retention 
267.1 	bonuses covered by the SEIU collective 
267.2 	bargaining agreement. Of this amount, 
267.3 	$50,000,000 is for retention bonuses and 
267.4 	$750,000 is for administration of the bonuses. 
267.5 	This is a onetime appropriation and is 
267.6 	available until June 30, 2025.
267.7 	(h) Self-Directed Bargaining Agreement; 
267.8 	Training Stipends. $2,100,000 in fiscal year 
267.9 	2024 and $100,000 in fiscal year 2025 are for 
267.10 	onetime stipends of $500 for collective 
267.11 	bargaining unit members who complete 
267.12 	designated, voluntary trainings made available 
267.13 	through or recommended by the State Provider 
267.14 	Cooperation Committee. Of this amount, 
267.15 	$2,000,000 in fiscal year 2024 is for stipends, 
267.16 	and $100,000 in fiscal year 2024 and $100,000 
267.17 	in fiscal year 2025 are for administration. This 
267.18 	is a onetime appropriation.
267.19 	(i) Self-Directed Bargaining Agreement; 
267.20 	Orientation Program. $2,000,000 in fiscal 
267.21 	year 2024 and $2,000,000 in fiscal year 2025 
267.22 	are for onetime $100 payments to collective 
267.23 	bargaining unit members who complete 
267.24 	voluntary orientation requirements. Of this 
267.25 	amount, $1,500,000 in fiscal year 2024 and 
267.26 	$1,500,000 in fiscal year 2025 are for the 
267.27 	onetime $100 payments, and $500,000 in 
267.28 	fiscal year 2024 and $500,000 in fiscal year 
267.29 	2025 are for orientation-related costs. This is 
267.30 	a onetime appropriation.
267.31 	(j) Self-Directed Bargaining Agreement; 
267.32 	Home Care Orientation Trust. $1,000,000 
267.33 	in fiscal year 2024 is for the Home Care 
267.34 	Orientation Trust under Minnesota Statutes, 
267.35 	section 179A.54, subdivision 11. The 
268.1 	commissioner shall disburse the appropriation 
268.2 	to the board of trustees of the Home Care 
268.3 	Orientation Trust for deposit into an account 
268.4 	designated by the board of trustees outside the 
268.5 	state treasury and state's accounting system. 
268.6 	This is a onetime appropriation and is 
268.7 	available until June 30, 2025.
268.8 	(k) HIV/AIDS Supportive Services.
268.9 	$12,100,000 in fiscal year 2024 is for grants 
268.10 	to community-based HIV/AIDS supportive 
268.11 	services providers as defined in Minnesota 
268.12 	Statutes, section 256.01, subdivision 19, and 
268.13 	for payment of allowed health care costs as 
268.14 	defined in Minnesota Statutes, section 
268.15 	256.9365. This is a onetime appropriation and 
268.16 	is available until June 30, 2025.
268.17 	(l) Motion Analysis Advancements Clinical 
268.18 	Study and Patient Care. $400,000 is in fiscal 
268.19 	year 2024 is for a grant to the Mayo Clinic 
268.20 	Motion Analysis Laboratory and Limb Lab 
268.21 	for continued research in motion analysis 
268.22 	advancements and patient care. This is a 
268.23 	onetime appropriation and is available through 
268.24 	June 30, 2025 2027.
268.25 	(m) Grant to Family Voices in Minnesota.
268.26 	$75,000 in fiscal year 2024 and $75,000 in 
268.27 	fiscal year 2025 are for a grant to Family 
268.28 	Voices in Minnesota under Minnesota 
268.29 	Statutes, section 256.4776.
268.30 	(n) Parent-to-Parent Programs.
268.31 	(1) $550,000 in fiscal year 2024 and $550,000 
268.32 	in fiscal year 2025 are for grants to 
268.33 	organizations that provide services to 
268.34 	underserved communities with a high 
269.1 	prevalence of autism spectrum disorder. This 
269.2 	is a onetime appropriation and is available 
269.3 	until June 30, 2025.
269.4 	(2) The commissioner shall give priority to 
269.5 	organizations that provide culturally specific 
269.6 	and culturally responsive services.
269.7 	(3) Eligible organizations must:
269.8 	(i) conduct outreach and provide support to 
269.9 	newly identified parents or guardians of a child 
269.10 	with special health care needs;
269.11 	(ii) provide training to educate parents and 
269.12 	guardians in ways to support their child and 
269.13 	navigate the health, education, and human 
269.14 	services systems;
269.15 	(iii) facilitate ongoing peer support for parents 
269.16 	and guardians from trained volunteer support 
269.17 	parents; and
269.18 	(iv) communicate regularly with other 
269.19 	parent-to-parent programs and national 
269.20 	organizations to ensure that best practices are 
269.21 	implemented.
269.22 	(4) Grant recipients must use grant money for 
269.23 	the activities identified in clause (3).
269.24 	(5) For purposes of this paragraph, "special 
269.25 	health care needs" means disabilities, chronic 
269.26 	illnesses or conditions, health-related 
269.27 	educational or behavioral problems, or the risk 
269.28 	of developing disabilities, illnesses, conditions, 
269.29 	or problems.
269.30 	(6) Each grant recipient must report to the 
269.31 	commissioner of human services annually by 
269.32 	January 15 with measurable outcomes from 
269.33 	programs and services funded by this 
270.1 	appropriation the previous year including the 
270.2 	number of families served and the number of 
270.3 	volunteer support parents trained by the 
270.4 	organization's parent-to-parent program.
270.5 	(o) Self-Advocacy Grants for Persons with 
270.6 	Intellectual and Developmental Disabilities.
270.7 	$323,000 in fiscal year 2024 and $323,000 in 
270.8 	fiscal year 2025 are for self-advocacy grants 
270.9 	under Minnesota Statutes, section 256.477. 
270.10 	This is a onetime appropriation. Of these 
270.11 	amounts, $218,000 in fiscal year 2024 and 
270.12 	$218,000 in fiscal year 2025 are for the 
270.13 	activities under Minnesota Statutes, section 
270.14 	256.477, subdivision 1, paragraph (a), clauses 
270.15 	(5) to (7), and for administrative costs, and 
270.16 	$105,000 in fiscal year 2024 and $105,000 in 
270.17 	fiscal year 2025 are for the activities under 
270.18 	Minnesota Statutes, section 256.477, 
270.19 	subdivision 2.
270.20 	(p) Technology for Home Grants. $300,000 
270.21 	in fiscal year 2024 and $300,000 in fiscal year 
270.22 	2025 are for technology for home grants under 
270.23 	Minnesota Statutes, section 256.4773.
270.24 	(q) Community Residential Setting 
270.25 	Transition. $500,000 in fiscal year 2024 is 
270.26 	for a grant to Hennepin County to expedite 
270.27 	approval of community residential setting 
270.28 	licenses subject to the corporate foster care 
270.29 	moratorium exception under Minnesota 
270.30 	Statutes, section 245A.03, subdivision 7, 
270.31 	paragraph (a), clause (5).
270.32 	(r) Base Level Adjustment. The general fund 
270.33 	base is $27,343,000 in fiscal year 2026 and 
270.34 	$27,016,000 in fiscal year 2027.

271.1 	Sec. 21. Laws 2024, chapter 127, article 53, section 2, subdivision 13, is amended to read:

271.2
271.3	Subd. 13.Grant Programs; Aging and Adult 
Services Grants
 		-0-
		4,500,000
	
271.4 	(a) Caregiver Respite Services Grants.
271.5 	$2,000,000 in fiscal year 2025 is for caregiver 
271.6 	respite services grants under Minnesota 
271.7 	Statutes, section 256.9756. This is a onetime 
271.8 	appropriation. Notwithstanding Minnesota 
271.9 	Statutes, section 16A.28, subdivision 3, this 
271.10 	appropriation is available until June 30, 2027.
271.11 	(b) Caregiver Support Programs.
271.12 	$2,500,000 in fiscal year 2025 is for the 
271.13 	Minnesota Board on Aging for the purposes 
271.14 	of the caregiver support programs under 
271.15 	Minnesota Statutes, section 256.9755. 
271.16 	Programs receiving funding under this 
271.17 	paragraph must include an ALS-specific 
271.18 	respite service in their caregiver support 
271.19 	program. This is a onetime appropriation. 
271.20 	Notwithstanding Minnesota Statutes, section 
271.21 	16A.28, subdivision 3, this appropriation is 
271.22 	available until June 30, 2027 2028.

271.23 	Sec. 22. Laws 2024, chapter 127, article 53, section 2, subdivision 15, is amended to read:

271.24
271.25	Subd. 15.Grant Programs; Adult Mental Health 
Grants
 		(8,900,000)
		2,364,000
	
271.26 	(a) Locked Intensive Residential Treatment 
271.27 	Services. $1,000,000 in fiscal year 2025 is for 
271.28 	start-up funds to intensive residential treatment 
271.29 	services providers to provide treatment in 
271.30 	locked facilities for patients meeting medical 
271.31 	necessity criteria and who may also be referred 
271.32 	for competency attainment or a competency 
271.33 	examination under Minnesota Statutes, 
271.34 	sections 611.40 to 611.59. This is a onetime 
272.1 	appropriation. Notwithstanding Minnesota 
272.2 	Statutes, section 16A.28, subdivision 3, this 
272.3 	appropriation is available until June 30, 2027.
272.4 	(b) Engagement Services Pilot Grants.
272.5 	$1,500,000 in fiscal year 2025 is for 
272.6 	engagement services pilot grants. Of this 
272.7 	amount, $250,000 in fiscal year 2025 is for an 
272.8 	engagement services pilot grant to Otter Tail 
272.9 	County. This is a onetime appropriation. 
272.10 	Notwithstanding Minnesota Statutes, section 
272.11 	16A.28, subdivision 3, this appropriation is 
272.12 	available until June 30, 2026 2028.
272.13 	(c) Mental Health Innovation Grant 
272.14 	Program. $1,321,000 in fiscal year 2025 is 
272.15 	for the mental health innovation grant program 
272.16 	under Minnesota Statutes, section 245.4662. 
272.17 	This is a onetime appropriation. 
272.18 	Notwithstanding Minnesota Statutes, section 
272.19 	16A.28, subdivision 3, this appropriation is 
272.20 	available until June 30, 2026.
272.21 	(d) Behavioral Health Services For 
272.22 	Immigrant And Refugee Communities.
272.23 	$354,000 in fiscal year 2025 is for a payment 
272.24 	to African Immigrant Community Services to 
272.25 	provide culturally and linguistically 
272.26 	appropriate services to new Americans with 
272.27 	disabilities, mental health needs, and substance 
272.28 	use disorders and to connect such individuals 
272.29 	with appropriate alternative service providers 
272.30 	to ensure continuity of care. This is a onetime 
272.31 	appropriation. Notwithstanding Minnesota 
272.32 	Statutes, section 16A.28, subdivision 3, this 
272.33 	appropriation is available until June 30, 2027.
272.34 	(e) Base Level Adjustment. The general fund 
272.35 	base is decreased by $1,811,000 in fiscal year 
273.1 	2026 and decreased by $1,811,000 in fiscal 
273.2 	year 2027.

273.3 	Sec. 23. TRANSFERS AND GRANT CANCELLATIONS AND ELIMINATIONS.
 273.4 		Subdivision 1.Local planning grant elimination. The fiscal year 2026 and fiscal year 
273.5 	2027 general fund base appropriations for local planning grants for creating alternatives to 
273.6 	congregate living for individuals with lower needs first established under Laws 2011, First 
273.7 	Special Session chapter 9, article 10, section 3, subdivision 4, paragraph (k), are reduced 
273.8 	from $254,000 to $0.
273.9 		Subd. 2.Chemical dependency peer specialists grant elimination. The fiscal year 
273.10 	2026 and fiscal year 2027 general fund base appropriations for grants for peer specialists 
273.11 	first established under Laws 2016, chapter 189, article 23, section 2, subdivision 4, paragraph 
273.12 	(f), are reduced from $1,364,000 to $0.
273.13 		Subd. 3.Community residential setting transitional grant cancellation. Any 
273.14 	unencumbered and unexpended amount of the fiscal year 2024 appropriation in Laws 2023, 
273.15 	chapter 61, article 9, section 2, subdivision 16, paragraph (a), for grants to assist small 
273.16 	customized living providers to transition to community residential services licensure or 
273.17 	integrated community supports licensure, estimated to be $5,450,000, is canceled.
273.18 		Subd. 4.Retention bonus cancellation. Any unencumbered and unexpended amount 
273.19 	of the fiscal year 2024 appropriation in Laws 2023, chapter 61, article 9, section 2, 
273.20 	subdivision 16, paragraph (g), for retention bonuses, estimated to be $27,000,000, is canceled.
273.21 		Subd. 5.Orientation payments cancellation. Any unencumbered and unexpended 
273.22 	amount of the fiscal year 2024 appropriation referenced in Laws 2023, chapter 61, article 
273.23 	9, section 2, subdivision 16, paragraph (i), for orientation payments, estimated to be 
273.24 	$1,750,000, is canceled.
273.25 		Subd. 6.Safe recovery site grant cancellation. Any unencumbered and unexpended 
273.26 	amount of the fiscal year 2024 appropriation in Laws 2023, chapter 61, article 9, section 2, 
273.27 	subdivision 18, paragraph (b), for grants to establish safe recovery sites, estimated to be 
273.28 	$13,528,000, is canceled.
273.29 		Subd. 7.Harm reduction grant cancellation. Any unencumbered and unexpended 
273.30 	amount of the fiscal year 2024 appropriation in Laws 2023, chapter 61, article 9, section 2, 
273.31 	subdivision 18, paragraph (e), for grants to purchase syringes, testing supplies, and opiate 
273.32 	antagonists, estimated to be $7,597,000, is canceled.
274.1 		Subd. 8.Nursing facility payment program cancellation. Any unencumbered and 
274.2 	unexpended amount of the fiscal year 2024 appropriation in Laws 2023, chapter 74, article 
274.3 	1, section 6, subdivision 2, for payments to nursing facilities, estimated to be $1,416,000, 
274.4 	is canceled.
274.5 		Subd. 9.Advisory committee for Direct Care and Treatment funding 
274.6 	cancellation. Any unencumbered and unexpended amount of the fiscal year 2025 
274.7 	appropriation in Laws 2024, chapter 127, article 53, section 2, subdivision 20, paragraph 
274.8 	(d),  for the Direct Care and Treatment advisory committee, estimated to be $482,000, is 
274.9 	canceled.
274.10 		Subd. 10.Cancellation and transfer of the human services response contingency 
274.11 	account balance. (a) The remaining unencumbered balance in the human services response 
274.12 	contingency account established under Minnesota Statutes, section 256.044, estimated to 
274.13 	be $2,500,000, is canceled to the special revenue fund.
274.14 	(b) An amount equal to the amount canceled under paragraph (a) is transferred from the 
274.15 	special revenue fund to the general fund.
274.16 		Subd. 11.Cancellation and transfer of family and medical benefit funding (a) 
274.17 	$20,000,000 in fiscal year 2026 is canceled from the family and medical benefit account to 
274.18 	the family and medical benefit insurance fund.
274.19 	(b) An amount equal to the amount canceled under paragraph (a) is transferred from the 
274.20 	family and medical benefit insurance fund to the general fund.

274.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

274.22 	Sec. 24. TRANSFERS.
 274.23 		Subdivision 1.Grants. The commissioner of human services, with the advance approval 
274.24 	of the commissioner of management and budget, may transfer unencumbered appropriation 
274.25 	balances for the biennium ending June 30, 2027, within fiscal years among general assistance, 
274.26 	medical assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing 
274.27 	support program, and the entitlement portion of the behavioral health fund between fiscal 
274.28 	years of the biennium. The commissioner shall report to the chairs and ranking minority 
274.29 	members of the legislative committees with jurisdiction over health and human services 
274.30 	quarterly about transfers made under this subdivision.
274.31 		Subd. 2.Administration. Positions, salary money, and nonsalary administrative money 
274.32 	may be transferred within the Department of Human Services as the commissioner deems 
274.33 	necessary, with the advance approval of the commissioner of management and budget. The 
275.1 	commissioner shall report to the chairs and ranking minority members of the legislative 
275.2 	committees with jurisdiction over health and human services finance quarterly about transfers 
275.3 	made under this subdivision.

275.4 	Sec. 25. GRANT ADMINISTRATION.
 275.5 	Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the commissioner 
275.6 	of human services must not use any of the grant amounts appropriated under this article for 
275.7 	administrative costs.

275.8 	Sec. 26. APPROPRIATIONS GIVEN EFFECT ONCE.
 275.9 	If an appropriation or transfer in this article is enacted more than once during the 2025 
275.10 	regular session, the appropriation or transfer must be given effect once.

275.11 	Sec. 27. EXPIRATION OF UNCODIFIED LANGUAGE.
 275.12 	All uncodified language contained in this article expires on June 30, 2027, unless a 
275.13 	different expiration date is explicit.

275.14 	Sec. 28. EFFECTIVE DATE.
 275.15 	This article is effective July 1, 2025, unless a different effective date is specified.

275.16 	ARTICLE 12
275.17 	DIRECT CARE AND TREATMENT APPROPRIATIONS

275.18	Section 1. DIRECT CARE AND TREATMENT APPROPRIATIONS.
 	
275.19 	The sums shown in the columns marked "Appropriations" are appropriated to the 
275.20 	executive board of direct care and treatment and for the purposes specified in this article. 
275.21 	The appropriations are from the general fund, or another named fund, and are available for 
275.22 	the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this 
275.23 	article mean that the appropriations listed under them are available for the fiscal year ending 
275.24 	June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The 
275.25 	second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.

275.26				APPROPRIATIONS
	
275.27				Available for the Year
	
275.28				Ending June 30
	
275.29					2026
		2027

275.30
275.31
275.32	Sec. 2. EXECUTIVE BOARD OF DIRECT 
CARE AND TREATMENT; TOTAL 
APPROPRIATION
 	$
	577,884,000
	$
	603,230,000
	
276.1 	The amounts that may be spent for each 
276.2 	purpose are specified in the following sections.

276.3
276.4	Sec. 3. MENTAL HEALTH AND SUBSTANCE 
ABUSE
 	$
	189,761,000
	$
	194,840,000

276.5	Sec. 4. COMMUNITY-BASED SERVICES
 	$
	13,927,000
	$
	14,170,000

276.6	Sec. 5. FORENSIC SERVICES
 	$
	160,239,000
	$
	164,094,000

276.7	Sec. 6. SEX OFFENDER PROGRAM
 	$
	128,050,000
	$
	131,351,000

276.8	Sec. 7. ADMINISTRATION
 	$
	85,907,000
	$
	98,775,000
	
276.9 	Locked Psychiatric Residential Treatment 
276.10 	Facility Planning
276.11 	(a) $100,000 in fiscal year 2026 is for planning 
276.12 	a build out of a locked psychiatric residential 
276.13 	treatment facility operated by Direct Care and 
276.14 	Treatment. This is a onetime appropriation 
276.15 	and is available until June 30, 2027.
276.16 	(b) By March 1, 2026, the executive board 
276.17 	must report to the chairs and ranking minority 
276.18 	members of the legislative committees with 
276.19 	jurisdiction over human services finance and 
276.20 	policy on the plan developed using the 
276.21 	appropriation in this section to build out a 
276.22 	locked psychiatric residential treatment facility 
276.23 	(PRTF) operated by Direct Care and 
276.24 	Treatment.
276.25 	(c) The report must include but is not limited 
276.26 	to the following information:
276.27 	(1) the risks and benefits of locating the locked 
276.28 	PRTF in a metropolitan or rural location;
276.29 	(2) the estimated cost for the build out of the 
276.30 	locked PRTF;
276.31 	(3) the estimated ongoing cost of maintaining 
276.32 	the locked PRTF; and
277.1 	(4) the estimated amount of costs that can be 
277.2 	recouped from medical assistance, 
277.3 	MinnesotaCare, and private insurance 
277.4 	payments.

277.5 	Sec. 8. TRANSFER AUTHORITY.
 277.6 	(a) Money appropriated for budget programs in this article may be transferred between 
277.7 	budget programs and between years of the biennium with the approval of the commissioner 
277.8 	of management and budget.
277.9 	(b) Positions, salary money, and nonsalary administrative money may be transferred 
277.10 	within Direct Care and Treatment as the executive board considers necessary, with the 
277.11 	advance approval of the commissioner of management and budget. The executive board 
277.12 	shall report to the chairs and ranking minority members of the legislative committees with 
277.13 	jurisdiction over Direct Care and Treatment quarterly about transfers made under this section.
277.14 	(c) Beginning July 1, 2025, and until September 30, 2025, administrative money may 
277.15 	be transferred between Direct Care and Treatment and the Department of Human Services 
277.16 	as the commissioner and executive board deem necessary, with advance approval of the 
277.17 	commissioner of management and budget. The executive board shall report to the chairs 
277.18 	and ranking minority members of the legislative committees with jurisdiction over Direct 
277.19 	Care and Treatment about transfers made under this section.

277.20 	Sec. 9. APPROPRIATIONS GIVEN EFFECT ONCE.
 277.21 	If an appropriation or transfer in this article is enacted more than once during the 2025 
277.22 	regular session, the appropriation or transfer must be given effect once.

277.23 	Sec. 10. EXPIRATION OF UNCODIFIED LANGUAGE.
 277.24 	All uncodified language contained in this article expires on June 30, 2027, unless a 
277.25 	different expiration date is explicit.

277.26 	Sec. 11. EFFECTIVE DATE.
 277.27 	This article is effective July 1, 2025, unless a different effective date is specified.

277.28 	ARTICLE 13
277.29 	HEALTH APPROPRIATIONS

277.30	Section 1. HEALTH APPROPRIATIONS.
 	
278.1 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
278.2 	and for the purposes specified in this article. The appropriations are from the general fund, 
278.3 	or another named fund, and are available for the fiscal years indicated for each purpose. 
278.4 	The figures "2026" and "2027" used in this article mean that the appropriations listed under 
278.5 	them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. 
278.6 	"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" 
278.7 	is fiscal years 2026 and 2027.

278.8				APPROPRIATIONS
	
278.9				Available for the Year
	
278.10				Ending June 30
	
278.11					2026
		2027

278.12
278.13	Sec. 2. COMMISSIONER OF HEALTH; 
TOTAL APPROPRIATION
 	$
	2,431,000
	$
	2,339,000
	
278.14 	The amounts that may be spent for each 
278.15 	purpose are specified in the following sections.

278.16	Sec. 3. HEALTH IMPROVEMENT
 	$
	2,336,000
	$
	2,336,000
	
278.17 	Community Care Hub Grant
278.18 	$2,240,000 in fiscal year 2026 and $2,240,000 
278.19 	in fiscal year 2027 are for the community care 
278.20 	hub grant.

278.21	Sec. 4. HEALTH PROTECTION
 	$
	95,000
	$
	3,000
	
278.22 	This appropriation is from the state 
278.23 	government special revenue fund.

278.24 	Sec. 5. GRANT ADMINISTRATION.
 278.25 	Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the commissioner 
278.26 	of health must not use any of the grant amounts appropriated under this article for 
278.27 	administrative costs.

278.28 	Sec. 6. APPROPRIATIONS GIVEN EFFECT ONCE.
 278.29 	If an appropriation or transfer in this article is enacted more than once during the 2025 
278.30 	regular session, the appropriation or transfer must be given effect once.

279.1 	Sec. 7. EXPIRATION OF UNCODIFIED LANGUAGE.
 279.2 	All uncodified language contained in this article expires on June 30, 2027, unless a 
279.3 	different expiration date is explicit.

279.4 	Sec. 8. EFFECTIVE DATE.
 279.5 	This article is effective July 1, 2025, unless a different effective date is specified.

279.6 	ARTICLE 14
279.7 	OTHER AGENCY APPROPRIATIONS

279.8	Section 1. OTHER AGENCY APPROPRIATIONS.
 	
279.9 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
279.10 	and for the purposes specified in this article. The appropriations are from the general fund, 
279.11 	or another named fund, and are available for the fiscal years indicated for each purpose. 
279.12 	The figures "2026" and "2027" used in this article mean that the appropriations listed under 
279.13 	them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. 
279.14 	"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" 
279.15 	is fiscal years 2026 and 2027.

279.16				APPROPRIATIONS
	
279.17				Available for the Year
	
279.18				Ending June 30
	
279.19					2026
		2027

279.20	Sec. 2. COUNCIL ON DISABILITY
 	$
	2,432,000
	$
	2,457,000
	
279.21 	Legislative Task Force On Guardianship 
279.22 	Funding Cancellation
279.23 	Any unencumbered and unexpended amount 
279.24 	of the fiscal year 2025 appropriation 
279.25 	referenced in Laws 2024, chapter 127, article 
279.26 	53, section 4, for the Legislative Task Force 
279.27 	on Guardianship, estimated to be $400,000, 
279.28 	is canceled.

279.29
279.30
279.31	Sec. 3. OFFICE OF THE OMBUDSMAN FOR 
MENTAL HEALTH AND DEVELOPMENTAL 
DISABILITIES
 	$
	3,706,000
	$
	3,765,000

279.32
279.33	Sec. 4. OFFICE OF ADMINISTRATIVE 
HEARINGS
 	$
	272,000
	$
	262,000

279.34	Sec. 5. MINNESOTA HUMANITIES CENTER
 	$
	68,000
	$
	-0-
	
280.1 	YouLead2025
280.2 	$68,000 in fiscal year 2026 is for a grant to 
280.3 	Global Synergy Group, a 501(c)(3) nonprofit 
280.4 	organization, to operate the YouLead2025 
280.5 	program. This is a onetime appropriation. 
280.6 	Notwithstanding Minnesota Statutes, section 
280.7 	16B.98, subdivision 14, the Board of Directors 
280.8 	of the Minnesota Humanities Center must not 
280.9 	use any of the grant amounts for administrative 
280.10 	costs.

280.11
280.12	Sec. 6. BOARD OF BEHAVIORAL HEALTH 
AND THERAPY
 	$
	2,000
	$
	1,000
	
280.13 	The general fund base for this section is $0 in 
280.14 	fiscal year 2028 and $0 in fiscal year 2029.

280.15	Sec. 7. BOARD OF MEDICAL PRACTICE
 	$
	3,000
	$
	1,000
	
280.16 	The general fund base for this section is $0 in 
280.17 	fiscal year 2028 and $0 in fiscal year 2029.

280.18	Sec. 8. BOARD OF NURSING
 	$
	4,000
	$
	2,000
	
280.19 	The general fund base for this section is $0 in 
280.20 	fiscal year 2028 and $0 in fiscal year 2029.

280.21 	Sec. 9. APPROPRIATIONS GIVEN EFFECT ONCE.
 280.22 	If an appropriation or transfer in this article is enacted more than once during the 2025 
280.23 	regular session, the appropriation or transfer must be given effect once.

280.24 	Sec. 10. EXPIRATION OF UNCODIFIED LANGUAGE.
 280.25 	All uncodified language contained in this article expires on June 30, 2027, unless a 
280.26 	different expiration date is explicit.

280.27 	Sec. 11. EFFECTIVE DATE.
 280.28 	This article is effective July 1, 2025, unless a different effective date is specified.

	ARTICLE 1	AGING AND OLDER ADULT SERVICES........	Page.Ln 2.30	
	ARTICLE 2	DISABILITY SERVICES........	Page.Ln 35.3	
	ARTICLE 3	SUBSTANCE USE DISORDER TREATMENT........	Page.Ln 126.23	
	ARTICLE 4	HOUSING SUPPORTS........	Page.Ln 166.5	
	ARTICLE 5	HEALTH CARE........	Page.Ln 166.25	
	ARTICLE 6	DIRECT CARE AND TREATMENT........	Page.Ln 176.15	
	ARTICLE 7	DEPARTMENT OF DIRECT CARE AND TREATMENT ESTABLISHMENT........	Page.Ln 181.11	
	ARTICLE 8	DEPARTMENT OF DIRECT CARE AND TREATMENT CONFORMING CHANGES........	Page.Ln 193.6	
	ARTICLE 9	DEPARTMENT OF HEALTH........	Page.Ln 218.17	
	ARTICLE 10	MISCELLANEOUS........	Page.Ln 236.5	
	ARTICLE 11	DEPARTMENT OF HUMAN SERVICES APPROPRIATIONS........	Page.Ln 237.29	
	ARTICLE 12	DIRECT CARE AND TREATMENT APPROPRIATIONS........	Page.Ln 275.16	
	ARTICLE 13	HEALTH APPROPRIATIONS........	Page.Ln 277.28	
	ARTICLE 14	OTHER AGENCY APPROPRIATIONS........	Page.Ln 279.6	

APPENDIX 

Repealed Minnesota Statutes: S3054-1 

245A.042 HOME AND COMMUNITY-BASED SERVICES; ADDITIONAL STANDARDS AND PROCEDURES.Subd. 2.Modified application procedures. 
(a) Applicants seeking chapter 245D licensure who meet the following criteria are subject to modified application procedures: 

(1) the applicant holds a chapter 245B license issued on or before December 31, 2012, at the time of application; 

(2) the applicant's chapter 245B license or licenses are in substantial compliance according to the licensing standards in this chapter and chapter 245B; and 

(3) the commissioner has conducted at least one on-site inspection of the chapter 245B license or licenses within the two-year period before submitting the chapter 245D license application. 

For purposes of this subdivision, "substantial compliance" means the commissioner has not issued a sanction according to section 245A.07 against any chapter 245B license held by the applicant or made the chapter 245B license or licenses conditional according to section 245A.06 within the 12-month period before submitting the application for chapter 245D licensure. 

(b) The modified application procedures mean the commissioner must accept the applicant's attestation of compliance with certain requirements in lieu of providing information to the commissioner for evaluation that is otherwise required when seeking chapter 245D licensure. 

Subd. 3.Implementation. 
(a) The commissioner shall implement the responsibilities of this chapter according to the timelines in paragraphs (b) and (c) only within the limits of available appropriations or other administrative cost recovery methodology. 

(b) The licensure of home and community-based services according to this section shall be implemented January 1, 2014. License applications shall be received and processed on a phased-in schedule as determined by the commissioner beginning July 1, 2013. Licenses will be issued thereafter upon the commissioner's determination that the application is complete according to section 245A.04. 

(c) Within the limits of available appropriations or other administrative cost recovery methodology, implementation of compliance monitoring must be phased in after January 1, 2014. 

(1) Applicants who do not currently hold a license issued under chapter 245B must receive an initial compliance monitoring visit after 12 months of the effective date of the initial license for the purpose of providing technical assistance on how to achieve and maintain compliance with the applicable law or rules governing the provision of home and community-based services under chapter 245D. If during the review the commissioner finds that the license holder has failed to achieve compliance with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a licensing review report with recommendations for achieving and maintaining compliance. 

(2) Applicants who do currently hold a license issued under this chapter must receive a compliance monitoring visit after 24 months of the effective date of the initial license. 

(d) Nothing in this subdivision shall be construed to limit the commissioner's authority to suspend or revoke a license or issue a fine at any time under section 245A.07, or issue correction orders and make a license conditional for failure to comply with applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program. 

(e) License holders governed under chapter 245D must ensure compliance with the following requirements within the stated timelines: 

(1) service initiation and service planning requirements must be met at the next annual meeting of the person's support team or by January 1, 2015, whichever is later, for the following: 

(i) provision of a written notice that identifies the service recipient rights and an explanation of those rights as required under section 245D.04, subdivision 1; 

(ii) service planning for basic support services as required under section 245D.07, subdivision 2; and 

(iii) service planning for intensive support services under section 245D.071, subdivisions 3 and 4; 

(2) staff orientation to program requirements as required under section 245D.09, subdivision 4, for staff hired before January 1, 2014, must be met by January 1, 2015. The license holder may otherwise provide documentation verifying these requirements were met before January 1, 2014; 

(3) development of policy and procedures as required under section 245D.11, must be completed no later than August 31, 2014; 

(4) written or electronic notice and copies of policies and procedures must be provided to all persons or their legal representatives and case managers as required under section 245D.10, subdivision 4, paragraphs (b) and (c), by September 15, 2014, or within 30 days of development of the required policies and procedures, whichever is earlier; and 

(5) all employees must be informed of the revisions and training must be provided on implementation of the revised policies and procedures as required under section 245D.10, subdivision 4, paragraph (d), by September 15, 2014, or within 30 days of development of the required policies and procedures, whichever is earlier. 

Subd. 4.Stakeholder consultation. 
The commissioner shall consult with the existing stakeholder group established as part of the provider standards process to gather input related to the development of an administrative cost recovery methodology to implement the provisions in chapter 245D. 

245G.01 DEFINITIONS.Subd. 20d.Skilled treatment services. 
"Skilled treatment services" has the meaning provided in section 254B.01, subdivision 10. 

245G.07 TREATMENT SERVICE.Subd. 2.Additional treatment service. 
A license holder may provide or arrange the following additional treatment service as a part of the client's individual treatment plan: 

(1) relationship counseling provided by a qualified professional to help the client identify the impact of the client's substance use disorder on others and to help the client and persons in the client's support structure identify and change behaviors that contribute to the client's substance use disorder; 

(2) therapeutic recreation to allow the client to participate in recreational activities without the use of mood-altering chemicals and to plan and select leisure activities that do not involve the inappropriate use of chemicals; 

(3) stress management and physical well-being to help the client reach and maintain an appropriate level of health, physical fitness, and well-being; 

(4) living skills development to help the client learn basic skills necessary for independent living; 

(5) employment or educational services to help the client become financially independent; 

(6) socialization skills development to help the client live and interact with others in a positive and productive manner; 

(7) room, board, and supervision at the treatment site to provide the client with a safe and appropriate environment to gain and practice new skills; and 

(8) peer recovery support services must be provided by a recovery peer qualified according to section 245I.04, subdivision 18. Peer recovery support services must be provided according to sections 254B.05, subdivision 5, and 254B.052. 

246B.01 MINNESOTA SEX OFFENDER PROGRAM; DEFINITIONS.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

246C.015 DEFINITIONS.Subd. 5a.Direct Care and Treatment. 
"Direct Care and Treatment" means the agency of Direct Care and Treatment established under this chapter. 

Subd. 6.Executive board. 
"Executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

246C.06 EXECUTIVE BOARD; MEMBERSHIP; GOVERNANCE.Subdivision 1.Establishment. 
The Direct Care and Treatment executive board is established. 

Subd. 2.Membership. 
(a) The Direct Care and Treatment executive board consists of nine members with seven voting members and two nonvoting members. The seven voting members must include six members appointed by the governor with the advice and consent of the senate in accordance with paragraph (b) and the commissioner of human services or a designee. The two nonvoting members must be appointed in accordance with paragraph (c). Section 15.0597 applies to all executive board appointments except for the commissioner of human services. 

(b) The executive board voting members appointed by the governor must meet the following qualifications: 

(1) one member must be a licensed physician who is a psychiatrist or has experience in serving behavioral health patients; 

(2) two members must have experience serving on a hospital or nonprofit board; and 

(3) three members must have experience working: (i) in the delivery of behavioral health services or care coordination or in traditional healing practices; (ii) as a licensed health care professional; (iii) within health care administration; or (iv) with residential services. 

(c) The executive board nonvoting members must be appointed as follows: 

(1) one member appointed by the Association of Counties; and 

(2) one member who has an active role as a union representative representing staff at Direct Care and Treatment appointed by joint representatives of the following unions: American Federation of State, County and Municipal Employees (AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA); Middle Management Association (MMA); and State Residential Schools Education Association (SRSEA). 

(d) Membership on the board must include representation from outside the seven-county metropolitan area, as defined in section 473.121, subdivision 2. 

(e) A voting member of the executive board must not be or must not have been within one year prior to appointment: (1) an employee of Direct Care and Treatment; (2) an employee of a county, including a county commissioner; (3) an active employee or representative of a labor union that represents employees of Direct Care and Treatment; or (4) a member of the state legislature. This paragraph does not apply to the nonvoting members or the commissioner of human services or designee. 

Subd. 3.Procedures. 
Except as otherwise provided in this section, the membership terms and removal and filling of vacancies for the executive board are governed by section 15.0575. 

Subd. 4.Compensation. 
(a) Notwithstanding section 15.0575, subdivision 3, paragraph (a), the nonvoting members of the executive board must not receive daily compensation for executive board activities. Nonvoting members of the executive board may receive expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Nonvoting members who, as a result of time spent attending board meetings, incur child care expenses that would not otherwise have been incurred may be reimbursed for those expenses upon board authorization. 

(b) Notwithstanding section 15.0575, subdivision 3, paragraph (a), the Compensation Council under section 15A.082 must determine the compensation for voting members of the executive board per day spent on executive board activities authorized by the executive board. Voting members of the executive board may also receive the expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Voting members who, as a result of time spent attending board meetings, incur child care expenses that would not otherwise have been incurred may be reimbursed for those expenses upon board authorization. 

(c) The commissioner of management and budget must publish the daily compensation rate for voting members of the executive board determined under paragraph (b) on the Department of Management and Budget's website. 

(d) Voting members of the executive board must adopt internal standards prescribing what constitutes a day spent on board activities for the purposes of making payments authorized under paragraph (b). 

(e) All other requirements under section 15.0575, subdivision 3, apply to the compensation of executive board members. 

Subd. 5.Acting chair; officers. 
(a) The governor shall designate one member from the voting membership appointed by the governor as acting chair of the executive board. 

(b) At the first meeting of the executive board, the executive board must elect a chair from among the voting membership appointed by the governor. 

(c) The executive board must annually elect a chair from among the voting membership appointed by the governor. 

(d) The executive board must elect officers from among the voting membership appointed by the governor. The elected officers shall serve for one year. 

Subd. 6.Terms. 
(a) Except for the commissioner of human services, executive board members must not serve more than two consecutive terms unless service beyond two consecutive terms is approved by the majority of voting members. The commissioner of human services or a designee shall serve until replaced by the governor. 

(b) An executive board member may resign at any time by giving written notice to the executive board. 

(c) The initial term of the member appointed under subdivision 2, paragraph (b), clause (1), is two years. The initial term of the members appointed under subdivision 2, paragraph (b), clause (2), is three years. The initial term of the members appointed under subdivision 2, paragraph (b), clause (3), and the members appointed under subdivision 2, paragraph (c), is four years. 

(d) After the initial term, the term length of all appointed executive board members is four years. 

Subd. 7.Conflicts of interest. 
Executive board members must recuse themselves from discussion of and voting on an official matter if the executive board member has a conflict of interest. A conflict of interest means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing an executive board member's decision in matters related to Direct Care and Treatment or the conduct of activities under this chapter. 

Subd. 8.Meetings. 
The executive board must meet at least four times per fiscal year at a place and time determined by the executive board. 

Subd. 9.Quorum. 
A majority of the voting members of the executive board constitutes a quorum. The affirmative vote of a majority of the voting members of the executive board is necessary and sufficient for action taken by the executive board. 

Subd. 10.Immunity; indemnification. 
(a) Members of the executive board are immune from civil liability for any act or omission occurring within the scope of the performance of their duties under this chapter. 

(b) When performing executive board duties or actions, members of the executive board are employees of the state for purposes of indemnification under section 3.736, subdivision 9. 

246C.07 POWERS AND DUTIES OF EXECUTIVE BOARD.Subd. 4.Creation of bylaws. 
The board may establish bylaws governing its operations and the operations of Direct Care and Treatment in accordance with this chapter. 

Subd. 5.Performance of chief executive officer. 
The governor may request that the executive board review the performance of the chief executive officer at any time. Within 14 days of receipt of the request, the board must meet and conduct a performance review as specifically requested by the governor. During the performance review, a representative of the governor must be included as a voting member of the board for the purpose of the board's discussions and decisions regarding the governor's request. The board must establish a performance improvement plan as necessary or take disciplinary or other corrective action, including dismissal. The executive board must report to the governor on action taken by the board, including an explanation if no action is deemed necessary. 

252.021 DEFINITION.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253.195 DEFINITIONS.Subd. 2.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253B.02 DEFINITIONS.Subd. 7b.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

253D.02 DEFINITIONS.Subd. 7a.Executive board. 
"Executive board" has the meaning given under section 246C.015. 

254B.01 DEFINITIONS.Subd. 5.Local agency. 
"Local agency" means the agency designated by a board of county commissioners, a local social services agency, or a human services board authorized under section 254B.03, subdivision 1, to determine financial eligibility for the behavioral health fund. 

Subd. 15.Executive board. 
"Executive board" has the meaning given in section 246C.015. 

256.045 ADMINISTRATIVE AND JUDICIAL REVIEW OF HUMAN SERVICES MATTERS.Subd. 1a.Direct Care and Treatment executive board or executive board. 
For purposes of this section, "Direct Care and Treatment executive board" or "executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

256G.02 DEFINITIONS.Subd. 5a.Direct Care and Treatment executive board or executive board. 
"Direct Care and Treatment executive board" or "executive board" means the Direct Care and Treatment executive board established under section 246C.06. 

256R.02 DEFINITIONS.Subd. 38.Prior system operating cost payment rate. 
"Prior system operating cost payment rate" means the operating cost payment rate in effect on December 31, 2015, under Minnesota Rules and Minnesota Statutes, inclusive of health insurance, plus property insurance costs from external fixed costs, minus any rate increases allowed under Minnesota Statutes 2015 Supplement, section 256B.441, subdivision 55a. 

256R.12 COST ALLOCATION.Subd. 10.Allocation of self-insurance costs. 
For the rate year beginning on July 1, 1998, a group of nursing facilities related by common ownership that self-insures group health, dental, or life insurance may allocate its directly identified costs of self-insuring its Minnesota nursing facility workers among those nursing facilities in the group that are reimbursed under this chapter. The method of cost allocation shall be based on the ratio of each nursing facility's total allowable salaries and wages to that of the nursing facility group's total allowable salaries and wages, then similarly allocated within each nursing facility's operating cost categories. The costs associated with the administration of the group's self-insurance plan must remain classified in the nursing facility's administrative cost category. A written request of the nursing facility group's election to use this alternate method of allocation of self-insurance costs must be received by the commissioner no later than May 1, 1998, to take effect July 1, 1998, or those self-insurance costs shall continue to be allocated under the existing cost allocation methods. Once a nursing facility group elects this method of cost allocation for its group health, dental, or life insurance self-insurance costs, it shall remain in effect until such time as the group no longer self-insures these costs. 

256R.23 TOTAL CARE-RELATED PAYMENT RATES.Subd. 6.Payment rate limit reduction. 
No facility shall be subject in any rate year to a care-related payment rate limit reduction greater than five percent of the median determined in subdivision 4. 

256R.36 HOLD HARMLESS.
No nursing facility's operating payment rate, plus its employer health insurance costs portion of the external fixed costs payment rate, will be less than its prior system operating cost payment rate. 

256R.40 NURSING FACILITY VOLUNTARY CLOSURE; ALTERNATIVES.Subdivision 1.Definitions. 
(a) The definitions in this subdivision apply to this section. 

(b) "Closure" means the cessation of operations of a nursing facility and delicensure and decertification of all beds within the facility. 

(c) "Closure plan" means a plan to close a nursing facility and reallocate a portion of the resulting savings to provide planned closure rate adjustments at other facilities. 

(d) "Commencement of closure" means the date on which residents and designated representatives are notified of a planned closure as provided in section 144A.161, subdivision 5a, as part of an approved closure plan. 

(e) "Completion of closure" means the date on which the final resident of the nursing facility designated for closure in an approved closure plan is discharged from the facility or the date that beds from a partial closure are delicensed and decertified. 

(f) "Partial closure" means the delicensure and decertification of a portion of the beds within the facility. 

(g) "Planned closure rate adjustment" means an increase in a nursing facility's operating rates resulting from a planned closure or a planned partial closure of another facility. 

Subd. 2.Applications for planned closure rate. 
(a) To be considered for approval of a planned closure, an application must include: 

(1) a description of the proposed closure plan, which must include identification of the facility or facilities to receive a planned closure rate adjustment; 

(2) the proposed timetable for any proposed closure, including the proposed dates for announcement to residents, commencement of closure, and completion of closure; 

(3) if available, the proposed relocation plan for current residents of any facility designated for closure. If a relocation plan is not available, the application must include a statement agreeing to develop a relocation plan designed to comply with section 144A.161; 

(4) a description of the relationship between the nursing facility that is proposed for closure and the nursing facility or facilities proposed to receive the planned closure rate adjustment. If these facilities are not under common ownership, copies of any contracts, purchase agreements, or other documents establishing a relationship or proposed relationship must be provided; and 

(5) documentation, in a format approved by the commissioner, that all the nursing facilities receiving a planned closure rate adjustment under the plan have accepted joint and several liability for recovery of overpayments under section 256B.0641, subdivision 2, for the facilities designated for closure under the plan. 

(b) The application must also address the criteria listed in subdivision 3. 

Subd. 3.Criteria for review of application. 
In reviewing and approving closure proposals, the commissioner shall consider, but not be limited to, the following criteria: 

(1) improved quality of care and quality of life for consumers; 

(2) closure of a nursing facility that has a poor physical plant; 

(3) the existence of excess nursing facility beds, measured in terms of beds per thousand persons aged 85 or older. The excess must be measured in reference to: 

(i) the county in which the facility is located. A facility in a county that is in the lowest quartile of counties with reference to beds per thousand persons aged 85 or older is not in an area of excess capacity; 

(ii) the county and all contiguous counties; 

(iii) the region in which the facility is located; or 

(iv) the facility's service area. The facility shall indicate in its application the service area it believes is appropriate for this measurement; 

(4) low-occupancy rates, provided that the unoccupied beds are not the result of a personnel shortage. In analyzing occupancy rates, the commissioner shall examine waiting lists in the applicant facility and at facilities in the surrounding area, as determined under clause (3); 

(5) evidence of coordination between the community planning process and the facility application. If the planning group does not support a level of nursing facility closures that the commissioner considers to be reasonable, the commissioner may approve a planned closure proposal without its support; 

(6) proposed usage of funds available from a planned closure rate adjustment for care-related purposes; 

(7) innovative use planned for the closed facility's physical plant; 

(8) evidence that the proposal serves the interests of the state; and 

(9) evidence of other factors that affect the viability of the facility, including excessive nursing pool costs. 

Subd. 4.Review and approval of applications. 
(a) The commissioner, in consultation with the commissioner of health, shall approve or deny an application within 30 days after receiving it. The commissioner may appoint an advisory review panel composed of representatives of counties, consumers, and providers to review proposals and provide comments and recommendations to the committee. The commissioners of human services and health shall provide staff and technical assistance to the committee for the review and analysis of proposals. 

(b) Approval of a planned closure expires 18 months after approval by the commissioner unless commencement of closure has begun. 

(c) The commissioner may change any provision of the application to which the applicant, the regional planning group, and the commissioner agree. 

Subd. 5.Planned closure rate adjustment. 
(a) The commissioner shall calculate the amount of the planned closure rate adjustment available under subdivision 6 according to clauses (1) to (4): 

(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080; 

(2) the total number of beds in the nursing facility or facilities receiving the planned closure rate adjustment must be identified; 

(3) capacity days are determined by multiplying the number determined under clause (2) by 365; and 

(4) the planned closure rate adjustment is the amount available in clause (1), divided by capacity days determined under clause (3). 

(b) A planned closure rate adjustment under this section is effective on the first day of the month of January or July, whichever occurs immediately following completion of closure of the facility designated for closure in the application and becomes part of the nursing facility's external fixed payment rate. 

(c) Upon the request of a closing facility, the commissioner must allow the facility a closure rate adjustment as provided under section 144A.161, subdivision 10. 

(d) A facility that has received a planned closure rate adjustment may reassign it to another facility that is under the same ownership at any time within three years of its effective date. The amount of the adjustment is computed according to paragraph (a). 

(e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the commissioner shall recalculate planned closure rate adjustments for facilities that delicense beds under this section on or after July 1, 2001, to reflect the increase in the per bed dollar amount. The recalculated planned closure rate adjustment is effective from the date the per bed dollar amount is increased. 

Subd. 6.Assignment of closure rate to another facility. 
A facility or facilities reimbursed under this chapter with a closure plan approved by the commissioner under subdivision 4 may assign a planned closure rate adjustment to another facility or facilities that are not closing or in the case of a partial closure, to the facility undertaking the partial closure. A facility may also elect to have a planned closure rate adjustment shared equally by the five nursing facilities with the lowest total operating payment rates in the state development region designated under section 462.385, in which the facility that is closing is located. The planned closure rate adjustment must be calculated under subdivision 5. Facilities that delicense beds without a closure plan, or whose closure plan is not approved by the commissioner, are not eligible to assign a planned closure rate adjustment under subdivision 5, unless they: (1) are delicensing five or fewer beds, or less than six percent of their total licensed bed capacity, whichever is greater; (2) are located in a county in the top three quartiles of beds per 1,000 persons aged 65 or older; and (3) have not delicensed beds in the prior three months. Facilities meeting these criteria are eligible to assign the amount calculated under subdivision 5 to themselves. If a facility is delicensing the greater of six or more beds, or six percent or more of its total licensed bed capacity, and does not have an approved closure plan or is not eligible for the adjustment under subdivision 5, the commissioner shall calculate the amount the facility would have been eligible to assign under subdivision 5, and shall use this amount to provide equal rate adjustments to the five nursing facilities with the lowest total operating payment rates in the state development region designated under section 462.385, in which the facility that delicensed beds is located. 

Subd. 7.Other rate adjustments. 
Facilities receiving planned closure rate adjustments remain eligible for any applicable rate adjustments provided under this chapter. 

256R.41 SINGLE-BED ROOM INCENTIVE.
(a) Beginning July 1, 2005, the operating payment rate for nursing facilities reimbursed under this chapter shall be increased by 20 percent multiplied by the ratio of the number of new single-bed rooms created divided by the number of active beds on July 1, 2005, for each bed closure that results in the creation of a single-bed room after July 1, 2005. The commissioner may implement rate adjustments for up to 3,000 new single-bed rooms each year. For eligible bed closures for which the commissioner receives a notice from a facility that a bed has been delicensed and a new single-bed room has been established, the rate adjustment in this paragraph shall be effective on either the first day of the month of January or July, whichever occurs first following the date of the bed delicensure. 

(b) A nursing facility is prohibited from discharging residents for purposes of establishing single-bed rooms. A nursing facility must submit documentation to the commissioner in a form prescribed by the commissioner, certifying the occupancy status of beds closed to create single-bed rooms. In the event that the commissioner determines that a facility has discharged a resident for purposes of establishing a single-bed room, the commissioner shall not provide a rate adjustment under paragraph (a). 

256R.481 RATE ADJUSTMENTS FOR BORDER CITY FACILITIES.
(a) The commissioner shall allow each nonprofit nursing facility located within the boundaries of the city of Breckenridge or Moorhead prior to January 1, 2015, to apply once annually for a rate add-on to the facility's external fixed costs payment rate. 

(b) A facility seeking an add-on to its external fixed costs payment rate under this section must apply annually to the commissioner to receive the add-on. A facility must submit the application within 60 calendar days of the effective date of any add-on under this section. The commissioner may waive the deadlines required by this paragraph under extraordinary circumstances. 

(c) The commissioner shall provide the add-on to each eligible facility that applies by the application deadline. 

(d) The add-on to the external fixed costs payment rate is the difference on January 1 of the median total payment rate for case mix classification PA1 of the nonprofit facilities located in an adjacent city in another state and in cities contiguous to the adjacent city minus the eligible nursing facility's total payment rate for case mix classification PA1 as determined under section 256R.22, subdivision 4. 

Repealed Minnesota Session Laws: S3054-1 

Laws 2023, chapter 59, article 3, section 11
Sec. 11. DIRECT CARE PROVIDER PREMIUMS THROUGH HCBS WORKFORCE INCENTIVE FUND. 
(a) $20,000,000 in fiscal year 2026 is added to the base appropriation from the family and medical benefit account to the commissioner of human services to provide reimbursement for premiums incurred for the paid family and medical leave program under this chapter. Funds shall be administered through the home and community-based workforce incentive fund under Minnesota Statutes, section 256.4764.  

(b) The commissioner of employment and economic development shall share premium payment data collected under this chapter to assist the commissioner of human services in the verification process of premiums paid under this section. 

(c) This amount is for the purposes of Minnesota Statutes, section 256.4764. This is a one-time appropriation and is available until June 30, 2027.   

Laws 2024, chapter 125, article 5, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE. 
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07, shall establish an advisory committee to provide state legislators, counties, union representatives, the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment programs, and other stakeholders the opportunity to advise the executive board regarding the operation of Direct Care and Treatment. 

(b) The members of the advisory committee must be appointed as follows: 

(1) one member appointed by the speaker of the house; 

(2) one member appointed by the minority leader of the house of representatives; 

(3) two members appointed by the senate Committee on Committees, one member representing the majority caucus and one member representing the minority caucus; 

(4) one member appointed by the Association of Minnesota Counties; 

(5) one member appointed by joint representatives of the American Federation of State and Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses Association, the Middle Management Association, and the State Residential Schools Education Association; 

(6) one member appointed by the National Alliance on Mental Illness Minnesota; and 

(7) two members representing people with lived experience being served by state-operated treatment programs or their families, appointed by the governor. 

(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026. 

(d) The first meeting of the advisory committee must be held no later than January 15, 2026. The members of the advisory committee shall elect a chair from among their membership at the first meeting. The advisory committee shall meet as frequently as it determines necessary. 

(e) The executive board shall regularly consult with the advisory committee. 

(f) The advisory committee under this section expires December 31, 2027. 

Laws 2024, chapter 125, article 5, section 41
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER. Subdivision 1.Executive board. 
(a) The initial appointments of the members of the Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by January 1, 2025. 

(b) Prior to the first Compensation Council determination of the daily compensation rate for voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4, paragraph (b), voting members of the executive board must be paid the per diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a). 

(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance with Minnesota Statutes, section 246C.04. 

Subd. 2.Chief executive officer. 
(a) The Direct Care and Treatment executive board must appoint as the initial chief executive officer for Direct Care and Treatment under Minnesota Statutes, section 246C.07, the chief executive officer of the direct care and treatment division of the Department of Human Services holding that position at the time the initial appointment is made by the board. The initial appointment of the chief executive officer must be made by the executive board by July 1, 2025. The initial appointment of the chief executive officer is subject to confirmation by the senate. 

(b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes, section 15A.082, must establish the salary of the chief executive officer at an amount equal to or greater than the amount paid to the chief executive officer of the direct care and treatment division of the Department of Human Services as of the date of initial appointment. The salary of the chief executive officer shall become effective July 1, 2025, pursuant to Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes, sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive officer occurs prior to the effective date of the salary specified by the Compensation Council in its April 1, 2025, report, the salary of the chief executive officer must equal the amount paid to the chief executive officer of the direct care and treatment division of the Department of Human Services as of the date of initial appointment. 

Subd. 3.Commissioner of human services to consult. 
In preparing the budget estimates required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that involve direct care and treatment operations, the commissioner of human services must consult with the Direct Care and Treatment executive board before submitting the budget estimates or legislative proposals. If the executive board is not appointed by the date the budget estimates must be submitted to the commissioner of management and budget, the commissioner of human services must provide the executive board with a summary of the budget estimates that were submitted. 

EFFECTIVE DATE. 
This section is effective July 1, 2024. 

Laws 2024, chapter 127, article 46, section 39
Sec. 39. LEGISLATIVE TASK FORCE ON GUARDIANSHIP. Subdivision 1.Membership. 
(a) The Legislative Task Force on Guardianship consists of the following members: 

(1) one member of the house of representatives, appointed by the speaker of the house of representatives; 

(2) one member of the house of representatives, appointed by the minority leader of the house of representatives; 

(3) one member of the senate, appointed by the senate majority leader; 

(4) one member of the senate, appointed by the senate minority leader; 

(5) one judge who has experience working on guardianship cases, appointed by the chief justice of the supreme court; 

(6) two individuals presently or formerly under guardianship or emergency guardianship, appointed by the Minnesota Council on Disability; 

(7) one private, professional guardian, appointed by the Minnesota Council on Disability; 

(8) one private, nonprofessional guardian, appointed by the Minnesota Council on Disability; 

(9) one representative of the Department of Human Services with knowledge of public guardianship issues, appointed by the commissioner of human services; 

(10) one member appointed by the Minnesota Council on Disability; 

(11) two members of two different disability advocacy organizations, appointed by the Minnesota Council on Disability; 

(12) one member of a professional or advocacy group representing the interests of the guardian who has experience working in the judicial system on guardianship cases, appointed by the Minnesota Council on Disability; 

(13) one member of a professional or advocacy group representing the interests of persons subject to guardianship who has experience working in the judicial system on guardianship cases, appointed by the Minnesota Council on Disability; 

(14) two members of two different advocacy groups representing the interests of older Minnesotans who are or may find themselves subject to guardianship, appointed by the Minnesota Council on Disability; 

(15) one employee acting as the Disability Systems Planner in the Center for Health Equity at the Minnesota Department of Health, appointed by the commissioner of health; 

(16) one member appointed by the Minnesota Indian Affairs Council; 

(17) one member from the Commission of the Deaf, Deafblind, and Hard-of-Hearing, appointed by the executive director of the commission; 

(18) one member of the Council on Developmental Disabilities, appointed by the executive director of the council; 

(19) one employee from the Office of Ombudsman for Mental Health and Developmental Disabilities, appointed by the ombudsman; 

(20) one employee from the Office of Ombudsman for Long Term Care, appointed by the ombudsman;  

(21) one member appointed by the Minnesota Association of County Social Services Administrators (MACSSA);  

(22) one employee from the Olmstead Implementation Office, appointed by the director of the office; and  

(23) one member representing an organization dedicated to supported decision-making alternatives to guardianship, appointed by the Minnesota Council on Disability.  

(b) Appointees to the task force must be named by each appointing authority by June 30, 2025. Appointments made by an agency or commissioner may also be made by a designee. 

(c) The member from the Minnesota Council on Disability serves as chair of the task force. The chair must designate a member to serve as secretary. 

Subd. 2.Meetings; administrative support. 
The first meeting of the task force must be convened by the chair no later than September 1, 2025, if an appropriation is made by that date for the task force. The task force must meet at least quarterly. Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive technology consistent with Minnesota Statutes, section 13D.015. The Minnesota Council on Disability shall provide meeting space and administrative and research support to the task force. 

Subd. 3.Duties. 
(a) The task force must make recommendations to address concerns and gaps related to guardianships and less restrictive alternatives to guardianships in Minnesota, including but not limited to: 

(1) developing efforts to sustain and increase the number of qualified guardians;  

(2) increasing compensation for in forma pauperis (IFP) guardians by studying current funding streams to develop approaches to ensure that the funding streams are consistent across the state and sufficient to serve the needs of persons subject to guardianship; 

(3) securing ongoing funding for guardianships and less restrictive alternatives; 

(4) establishing guardian certification or licensure; 

(5) identifying standards of practice for guardians and options for providing education to guardians on standards and less restrictive alternatives; 

(6) securing ongoing funding for the guardian and conservator administrative complaint process; 

(7) identifying and understanding alternatives to guardianship whenever possible to meet the needs of patients and the challenges of providers in the delivery of health care, behavioral health care, and residential and home-based care services; 

(8) expanding supported decision-making alternatives to guardianships and conservatorships; 

(9) reducing the removal of civil rights when appointing a guardian, including by ensuring guardianship is only used as a last resort; and 

(10) identifying ways to preserve and to maximize the civil rights of the person, including due process considerations. 

(b) The task force must seek input from the public, the judiciary, people subject to guardianship, guardians, advocacy groups, and attorneys. The task force must hold hearings to gather information to fulfill the purpose of the task force. 

Subd. 4.Compensation; expenses. 
Members of the task force may receive compensation and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision 3. 

Subd. 5.Report; expiration. 
The task force shall submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over guardianship issues no later than January 15, 2027. The report must describe any concerns about the current guardianship system identified by the task force and recommend policy options to address those concerns and to promote less restrictive alternatives to guardianship. The report must include draft legislation to implement recommended policy. 

Subd. 6.Expiration. 
The task force expires upon submission of its report, or January 16, 2027, whichever is earlier.  

EFFECTIVE DATE. 
This section is effective the day following final enactment. 

Laws 2024, chapter 127, article 50, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE. 
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07, shall establish an advisory committee to provide state legislators, counties, union representatives, the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment programs, and other stakeholders the opportunity to advise the executive board regarding the operation of Direct Care and Treatment. 

(b) The members of the advisory committee must be appointed as follows: 

(1) one member appointed by the speaker of the house; 

(2) one member appointed by the minority leader of the house of representatives; 

(3) two members appointed by the senate Committee on Committees, one member representing the majority caucus and one member representing the minority caucus; 

(4) one member appointed by the Association of Minnesota Counties; 

(5) one member appointed by joint representatives of the American Federation of State and Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses Association, the Middle Management Association, and the State Residential Schools Education Association; 

(6) one member appointed by the National Alliance on Mental Illness Minnesota; and 

(7) two members representing people with lived experience being served by state-operated treatment programs or their families, appointed by the governor. 

(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026. 

(d) The first meeting of the advisory committee must be held no later than January 15, 2026. The members of the advisory committee shall elect a chair from among their membership at the first meeting. The advisory committee shall meet as frequently as it determines necessary. 

(e) The executive board shall regularly consult with the advisory committee. 

(f) The advisory committee under this section expires December 31, 2027. 

Laws 2024, chapter 127, article 50, section 41 Subdivisions 1, 3, 
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER. Subdivision 1.Executive board. 
(a) The initial appointments of the members of the Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by January 1, 2025. 

(b) Prior to the first Compensation Council determination of the daily compensation rate for voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4, paragraph (b), voting members of the executive board must be paid the per diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a). 

(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance with Minnesota Statutes, section 246C.04. 

Subd. 3.Commissioner of human services to consult. 
In preparing the budget estimates required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that involve direct care and treatment operations, the commissioner of human services must consult with the Direct Care and Treatment executive board before submitting the budget estimates or legislative proposals. If the executive board is not appointed by the date the budget estimates must be submitted to the commissioner of management and budget, the commissioner of human services must provide the executive board with a summary of the budget estimates that were submitted. 

Laws 2024, chapter 79, article 1, section 20
Sec. 20. Minnesota Statutes 2023 Supplement, section 246C.03, subdivision 2, is amended to read:Subd. 2.Development of Department of Direct Care and Treatment Board. 
(a) The commissioner of human services shall prepare legislation for introduction during the 2024 legislative session, with input from stakeholders the commissioner deems necessary, proposing legislation for the creation and implementation of the Direct Care and Treatment executive board and defining the responsibilities, powers, and function of the Department of Direct Care and Treatment executive board. 

(b) The Department of Direct Care and Treatment executive board shall consist of no more than five members, all appointed by the governor. 

(c) An executive board member's qualifications must be appropriate for overseeing a complex behavioral health system, such as experience serving on a hospital or non-profit board, serving as a public sector labor union representative, experience in delivery of behavioral health services or care coordination, or working as a licensed health care provider, in an allied health profession, or in health care administration.