SF 476
2nd Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/07/2026 11:45 a.m.
2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4
7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2
8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3
14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14
14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15
16.16 16.17
16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27
17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17
18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16
20.17
20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13
21.14
21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22
21.23
21.24 21.25 21.26 21.27 21.28 21.29 21.30
21.31
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19
23.20
23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27
24.28
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23
26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26
30.27
30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11
31.12
31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21
31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7
32.8 32.9 32.10 32.11 32.12 32.13
32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
33.1 33.2 33.3 33.4 33.5
33.6
33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25
33.26
33.27 33.28 33.29 33.30 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22
34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15
36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14
37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2
39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17
40.18 40.19
40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9
41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 42.1 42.2
42.3 42.4
42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31
43.1 43.2
43.3 43.4 43.5 43.6 43.7 43.8
43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13
45.14 45.15
45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24
45.25
45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14
48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20
50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5
53.6
53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21
55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8
57.9
57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9
58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24
58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2
59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16
59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2
60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16
60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5
61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18
62.19
62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30
62.31
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18
63.19 63.20
63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9
64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25
64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32
66.1
66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14
66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10
68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7
69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19
69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31
72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20
72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2
73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14
73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17
74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2
75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24
75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4
79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4
81.5 81.6 81.7 81.8 81.9 81.10
81.11 81.12 81.13 81.14 81.15 81.16 81.17
81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10
82.11 82.12 82.13 82.14
82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8
83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14
85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12
86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5
87.6
87.7 87.8 87.9 87.10 87.11
87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23
88.24 88.25 88.26 88.27 88.28 88.29 88.30
88.31
88.32 88.33
88.34 88.35 88.36
89.1 89.2 89.3 89.4 89.5 89.6
89.7 89.8 89.9 89.10 89.11
89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 90.1 90.2 90.3 90.4
90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2
91.3
91.4 91.5 91.6 91.7 91.8
91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5
92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25
94.26
94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4
95.5 95.6 95.7 95.8 95.9
95.10 95.11 95.12 95.13 95.14 95.15 95.16
95.17 95.18
95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 96.1 96.2 96.3 96.4 96.5
96.6
96.7 96.8 96.9 96.10 96.11
96.12
96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32
98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11
99.12 99.13 99.14
99.15 99.16
99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31
100.1 100.2 100.3 100.4 100.5 100.6 100.7
100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16
100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12
101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13
107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28
108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13
108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14
113.15
113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2
114.3
114.4 114.5
114.6 114.7 114.8 114.9 114.10 114.11 114.12
114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15
115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9
116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22
116.23
116.24 116.25 116.26 116.27 116.28
116.29
117.1 117.2 117.3 117.4 117.5 117.6
117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2
118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19
120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28
120.29 120.30 120.31 120.32
121.1
121.2 121.3 121.4 121.5 121.6 121.7 121.8
121.9
121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17
121.18
121.19 121.20 121.21 121.22 121.23 121.24 121.25
121.26 121.27 121.28 121.29 122.1 122.2 122.3
122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22
122.23
122.24 122.25 122.26 122.27 122.28 122.29 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11
124.12
124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17
125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26
125.27
126.1 126.2 126.3 126.4 126.5
126.6
126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16
127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23
128.24
128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27
129.28
129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6 130.7
130.8
130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2
131.3
131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6
133.7
133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25
133.26 133.27 133.28 133.29 133.30 134.1 134.2 134.3 134.4 134.5
134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19
135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4
137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11
A bill for an act
relating to human services; modifying policy provisions relating to continuity of
care following a payment withhold, aging and disability services, adult protective
services, substance use disorder treatment, Direct Care and Treatment, and
Department of Health regulation of long-term care services; permitting certain
facilities to serve intoxicating liquor without a license; making technical and
conforming changes; requiring reports; amending Minnesota Statutes 2024, sections
3.7381; 13.04, subdivision 4a; 13.384, subdivision 1; 13.46, subdivision 1; 144.56,
subdivision 2b; 144.586, subdivision 2; 144.6502, subdivision 1; 144A.161,
subdivision 1a; 144A.472, subdivision 5; 144A.72, subdivision 2; 144G.08, by
adding subdivisions; 144G.19, by adding a subdivision; 144G.31, subdivision 6;
144G.40, subdivision 2; 144G.41, subdivisions 1, 2, by adding a subdivision;
144G.61, subdivision 2; 144G.63, subdivisions 2, 5, by adding a subdivision;
157.17, subdivisions 2, 5; 182.6545; 245A.03, by adding subdivisions; 245D.09,
subdivision 5; 245D.10, subdivision 3; 245F.02, subdivision 17; 245F.15,
subdivision 7; 245G.06, subdivision 4; 245G.11, subdivision 8; 253B.03,
subdivision 6; 253B.18, subdivision 14; 254B.052, subdivision 1, by adding a
subdivision; 256.9752, as amended; 256B.04, subdivision 24, by adding a
subdivision; 256B.056, subdivision 7a, by adding subdivisions; 256B.0625, by
adding a subdivision; 256B.064, subdivision 2; 256B.0658; 256B.0659,
subdivisions 12, 16, 17, 19; 256B.0759, subdivision 3; 256B.0911, subdivision
32; 256B.0924, subdivisions 3, 5, 7, by adding a subdivision; 256B.0949, by adding
a subdivision; 256B.4905, subdivision 2a; 256B.492, subdivisions 1, 3; 256B.85,
by adding subdivisions; 256B.851, subdivision 8; 256L.03, subdivision 1;
256R.481; 256S.205, subdivision 1; 256S.21, subdivision 3; 295.50, subdivision
4; 626.557, subdivisions 9, 9a, 12b, by adding subdivisions; 626.5572, subdivisions
2, 9, 17, by adding subdivisions; Minnesota Statutes 2025 Supplement, sections
13.46, subdivision 2; 144A.474, subdivision 11; 245C.03, subdivision 6; 245C.04,
subdivision 6; 245C.10, subdivision 6; 245D.091, subdivisions 2, 3; 245D.10,
subdivision 3a; 245F.08, subdivision 3; 245G.11, subdivision 7; 253B.18,
subdivision 6; 254A.03, subdivision 3; 254B.0501, subdivision 6; 254B.0505,
subdivision 8, by adding subdivisions; 256B.04, subdivision 21; 256B.0701,
subdivision 9; 256B.0759, subdivision 4; 256B.0911, subdivision 13; 256B.0924,
subdivision 6; 256B.0949, subdivisions 2, 16; 256B.4914, subdivisions 8, 10a;
256B.85, subdivision 7; 256S.205, subdivision 2; 295.50, subdivision 9b; 626.5572,
subdivision 13; Laws 2024, chapter 125, article 1, section 47; proposing coding
for new law in Minnesota Statutes, chapters 144A; 144G; 245D; 246C; 256B;
340A; repealing Minnesota Statutes 2024, sections 256B.051, subdivisions 1, 4,
7; 256B.0759, subdivisions 2, 5; 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11,
12, 14, 15, 16; 626.557, subdivision 10; Minnesota Statutes 2025 Supplement,
sections 245A.04, subdivision 7; 254B.052, subdivision 6; 256B.051, subdivisions
2, 3, 5, 6, 6a, 6b, 8, 9, 10; Laws 2025, First Special Session chapter 3, article 18,
section 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONTINUITY OF CARE
Section 1.
Minnesota Statutes 2024, section 245D.10, subdivision 3, is amended to read:
Subd. 3.
Service suspension.
(a) The license holder must establish policies and
procedures for temporary service suspension that promote continuity of care and service
coordination with the person and the case manager and with other licensed caregivers, if
any, who also provide support to the person. The policy must include the requirements
specified in paragraphs (b) to (f).
(b) The license holder must limit temporary service suspension to situations in which:
(1) the person's conduct poses an imminent risk of physical harm to self or others and
either positive support strategies have been implemented to resolve the issues leading to
the temporary service suspension but have not been effective and additional positive support
strategies would not achieve and maintain safety, or less restrictive measures would not
resolve the issues leading to the suspension;
(2) the person has emergent medical issues that exceed the license holder's ability to
meet the person's needs; or
(3) the program has not been paid for servicesnew text begin , except an interruption to the person's
public benefits that has lasted less than 60 days does not constitute nonpaymentnew text end .
(c) Prior to giving notice of temporary service suspension, the license holder must
document actions taken to minimize or eliminate the need for service suspension. Action
taken by the license holder must include, at a minimum:
(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the notice; and
(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to temporary
suspensions issued under paragraph (b), clause (3).
If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.
(d) The notice of temporary service suspension must meet the following requirements:
(1) the license holder must notify the person or the person's legal representative and case
manager in writing of the intended temporary service suspension. If the temporary service
suspension is from residential supports and services as defined in section 245D.03,
subdivision 1, paragraph (c), clause (3), new text begin or from integrated community supports as defined
in section 245D.03, subdivision 1, paragraph (c), clause (8), new text end the license holder must also
notify the commissioner in writing;
(2) notice of temporary service suspension must be given on the first day of the service
suspension; and
(3) the notice must include the reason for the action, a summary of actions taken to
minimize or eliminate the need for temporary service suspension as required under deleted text begin this
paragraphdeleted text end new text begin paragraph (c)new text end , and why these measures failed to prevent the suspension.
(e) During the temporary suspension period, the license holder must:
(1) provide information requested by the person or case manager;
(2) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care; and
(3) maintain information about the service suspension, including the written notice of
temporary service suspension, in the service recipient record.
(f) If, based on a review by the person's support team or expanded support team, that
team determines the person no longer poses an imminent risk of physical harm to self or
others, the person has a right to return to receiving services. If, at the time of the service
suspension or at any time during the suspension, the person is receiving treatment related
to the conduct that resulted in the service suspension, the support team or expanded support
team must consider the recommendation of the licensed health professional, mental health
professional, or other licensed professional involved in the person's care or treatment when
determining whether the person no longer poses an imminent risk of physical harm to self
or others and can return to the program. If the support team or expanded support team makes
a determination that is contrary to the recommendation of a licensed professional treating
the person, the license holder must document the specific reasons why a contrary decision
was made.
Sec. 2.
Minnesota Statutes 2025 Supplement, section 245D.10, subdivision 3a, is amended
to read:
Subd. 3a.
Service termination.
(a) The license holder must establish policies and
procedures for service termination that promote continuity of care and service coordination
with the person and the case manager and with other licensed caregivers, if any, who also
provide support to the person. The policy must include the requirements specified in
paragraphs (b) to (f).
(b) The license holder must permit each person to remain in the program or to continue
receiving services and must not terminate services unless:
(1) the termination is necessary for the person's welfare and the license holder cannot
meet the person's needs;
(2) the safety of the person, others in the program, or staff is endangered and positive
support strategies were attempted and have not achieved and effectively maintained safety
for the person or others;
(3) the health of the person, others in the program, or staff would otherwise be
endangered;
(4) the license holder has not been paid for servicesnew text begin , except an interruption to a person's
public benefits that has lasted less than 60 days does not constitute nonpaymentnew text end ;
(5) the program or license holder ceases to operate;
(6) the person has been terminated by the lead agency from waiver eligibility; or
(7) for state-operated community-based services, the person no longer demonstrates
complex behavioral needs that cannot be met by private community-based providers
identified in section 246C.11, subdivision 4a, paragraph (a), clause (1).
(c) Prior to giving notice of service termination, the license holder must document actions
taken to minimize or eliminate the need for termination. Action taken by the license holder
must include, at a minimum:
(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the termination notice;
(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to notices
of service termination issued under paragraph (b), clauses (4) and (7); and
(3) for state-operated community-based services terminating services under paragraph
(b), clause (7), the state-operated community-based services must engage in consultation
with the person's support team or expanded support team to:
(i) identify that the person no longer demonstrates complex behavioral needs that cannot
be met by private community-based providers identified in section 246C.11, subdivision
4a, paragraph (a), clause (1);
(ii) provide notice of intent to issue a termination of services to the lead agency when a
finding has been made that a person no longer demonstrates complex behavioral needs that
cannot be met by private community-based providers identified in section 246C.11,
subdivision 4a, paragraph (a), clause (1);
(iii) assist the lead agency and case manager in developing a person-centered transition
plan to a private community-based provider to ensure continuity of care; and
(iv) coordinate with the lead agency to ensure the private community-based service
provider is able to meet the person's needs and criteria established in a person's
person-centered transition plan.
If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.
(d) The notice of service termination must meet the following requirements:
(1) the license holder must notify the person or the person's legal representative and the
case manager in writing of the intended service termination. If the service termination is
from residential supports and services as defined in section 245D.03, subdivision 1, paragraph
(c), clause (3), new text begin or from integrated community supports as defined in section 245D.03,
subdivision 1, paragraph (c), clause (8), new text end the license holder must also notify the commissioner
in writing; and
(2) the notice must include:
(i) the reason for the action;
(ii) except for a service termination under paragraph (b), clause (5), a summary of actions
taken to minimize or eliminate the need for service termination or temporary service
suspension as required under paragraph (c), and why these measures failed to prevent the
termination or suspension;
(iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and
(iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).
(e) Notice of the proposed termination of service, including those situations that began
with a temporary service suspension, must be given at least 90 days prior to termination of
services under paragraph (b), clause (7), 60 days prior to termination when a license holder
is providing intensive supports and services identified in section 245D.03, subdivision 1,
paragraph (c), new text begin or integrated community supports as defined in section 245D.03, subdivision
1, paragraph (c), clause (8), new text end and 30 days prior to termination for all other services licensed
under this chapter. This notice may be given in conjunction with a notice of temporary
service suspension under subdivision 3.
(f) During the service termination notice period, the license holder must:
(1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;
(2) provide information requested by the person or case manager; and
(3) maintain information about the service termination, including the written notice of
intended service termination, in the service recipient record.
(g) For notices issued under paragraph (b), clause (7), the lead agency shall provide
notice to the commissioner and the Direct Care and Treatment executive board at least 30
days before the conclusion of the 90-day termination period, if an appropriate alternative
provider cannot be secured. Upon receipt of this notice, the commissioner and the executive
board shall reassess whether a private community-based service can meet the person's needs.
If the commissioner determines that a private provider can meet the person's needs, the
executive board shall, if necessary, extend notice of service termination until placement can
be made. If the commissioner determines that a private provider cannot meet the person's
needs, the executive board shall rescind the notice of service termination and re-engage
with the lead agency in service planning for the person.
(h) For state-operated community-based services, the license holder shall prioritize the
capacity created within the existing service site by the termination of services under paragraph
(b), clause (7), to serve persons described in section 246C.11, subdivision 4a, paragraph
(a), clause (1).
Sec. 3.
new text begin
[245D.121] INTEGRATED COMMUNITY SUPPORTS; HOUSING
ACCOUNTS REQUIRED.
new text end
new text begin
(a) If payment passes between the license holder or any controlling individual of a
licensed program and a service recipient or an entity acting on the service recipient's behalf
for the purpose of obtaining or maintaining a living unit in a multifamily housing building
where the license holder delivers integrated community supports and owns, leases, or has
a direct or indirect financial relationship with the property owner, the license holder must
for each service recipient:
new text end
new text begin
(1) keep accurate accounts of all money the license holder receives from the service
recipient or an entity acting on the service recipient's behalf;
new text end
new text begin
(2) deposit all money received in a service recipient specific-account or subaccount
dedicated to receiving and paying each service recipient's housing costs directly to the
property owner, even if the property owner is the license holder;
new text end
new text begin
(3) provide monthly and upon demand to the service recipient, or the entity acting on
the service recipient's behalf, a statement of the amount of all money received from the
service recipient or entity acting on the service recipient's behalf, all money deposited in
the service recipient's account, and all withdrawals made from the service recipient's account;
new text end
new text begin
(4) provide upon demand the same information described in clause (3) to the service
recipient's case manager; and
new text end
new text begin
(5) provide upon demand the same information described in clause (3) to the
commissioner.
new text end
new text begin
(b) The money in the service recipient's account must be used exclusively for expenses
associated with the service recipient obtaining or maintaining a living unit in a multifamily
housing building.
new text end
new text begin
(c) This section continues to apply when a service recipient chooses to not receive
services from the license holder but continues to make payments to the license holder for
the purposes of obtaining or maintaining a living unit.
new text end
new text begin
(d) The license holder must comply with the requirements of section 245A.04, subdivision
13.
new text end
Sec. 4.
new text begin
[256B.045] CONTINUITY OF CARE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Lead agency" means a county, Tribe, or managed care organization.
new text end
new text begin
(c) "Residential services and supports" means any of the following services as defined
in the brain injury, community alternative care, community access for disability inclusion,
developmental disabilities, or elderly waiver plans:
new text end
new text begin
(1) 24-hour customized living services;
new text end
new text begin
(2) community residential services;
new text end
new text begin
(3) customized living services;
new text end
new text begin
(4) family residential services; and
new text end
new text begin
(5) integrated community supports.
new text end
new text begin Subd. 2. new text end
new text begin Department of Human Services continuity of care team; establishment. new text end
new text begin
To
ensure the continuity of care of older adults and people with disabilities receiving residential
services and supports following the imposition of a payment withhold under section
256B.064, subdivision 2, the commissioner must establish and maintain a continuity of care
team. Within existing resources, the commissioner must ensure the continuity of care team
always has sufficient staff capacity and resources for timely compliance with the requirements
of this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Department of Human Services continuity of care team; duties. new text end
new text begin
(a) Upon
notice from the commissioner under section 256B.064, subdivision 2, paragraph (i), that
the commissioner intends to impose a payment withhold on a provider of residential services
and supports, the continuity of care team must:
new text end
new text begin
(1) identify all the provider's clients whose services might be affected by the payment
withhold the commissioner intends to impose, including all clients paying for services from
a source other than medical assistance;
new text end
new text begin
(2) for each identified client, identify the lead agency responsible for providing case
management or care coordination to the client;
new text end
new text begin
(3) for each identified client, identify the client's case manager or care coordinator; and
new text end
new text begin
(4) for each identified client, develop an initial profile of the client containing the team's
expectations regarding the services and supports the client is likely to require if the
commissioner's imposition of a payment withhold upon the provider puts the continuity of
care of the provider's clients at risk or poses a risk that the provider's clients will need to
transition to a new service provider or service setting.
new text end
new text begin
After the team has completed the tasks identified in clauses (1) to (4), the team must inform
the commissioner that the team is prepared to intervene on behalf of each identified client
immediately upon imposition of the payment withhold.
new text end
new text begin
(b) Upon imposition of the payment withhold, the continuity of care team must for each
identified client:
new text end
new text begin
(1) inform the Office of the Ombudsman for Long-Term Care, the Office of the
Ombudsman for Mental Health and Developmental Disabilities, and the Office of the
Ombudsperson for Public Managed Care Health Care Programs, and the lead agency that
the client's services may be disrupted by actions taken by the commissioner under section
256B.064, subdivision 2, and that the lead agency must comply with the requirements of
subdivision 4;
new text end
new text begin
(2) directly inform each identified client's case manager or care coordinator that the
client's services may be disrupted by actions taken by the commissioner under section
256B.064, subdivision 2; that the continuity of care team is prepared to offer assistance to
ensure the client's continuity of care; and that the case manager must comply with the
requirements of subdivision 4; and
new text end
new text begin
(3) directly inform each identified client that the client's services may be disrupted by
actions taken by the commissioner under section 256B.064, subdivision 2, and that the lead
agency, the client's case manager, and the continuity of care team are already taking steps
to develop contingency plans in the event the client's services are disrupted.
new text end
new text begin Subd. 4. new text end
new text begin Continuity of care team and lead agency shared duties. new text end
new text begin
(a) This subdivision
applies to all lead agencies regardless of whether a lead agency provides case management
directly or under contract.
new text end
new text begin
(b) The continuity of care team and the lead agencies must cooperate and coordinate
with the clients' case managers to:
new text end
new text begin
(1) closely monitor services delivered to identified clients of providers subject to a
payment withhold; and
new text end
new text begin
(2) develop person-centered contingency plans for alternative services, service providers,
and service settings in the event a client's services are disrupted.
new text end
new text begin
(c) If a lead agency fails to develop or implement a person-centered contingency plan
that ensures timely transition to alternative services, service provider, or service setting, the
continuity of care team must directly intervene and directly provide case management to
the client at the lead agency's expense. The lead agency and the client's case manager must
fully cooperate and assist the continuity of care team in the provision of case management
services at the lead agency's expense.
new text end
new text begin
(d) If the lead agency or the continuity of care team does not identify alternative services,
service provider, or service setting, the continuity of care team must notify the commissioner
and the commissioner of health, if applicable, and recommend that:
new text end
new text begin
(1) the commissioner of human services either determine there is a good cause under
Code of Federal Regulations, title 42, section 455.23(e) or (f), to not suspend payments
under section 256B.064, subdivision 2, or petition the district court of Ramsey County under
section 245A.13; or
new text end
new text begin
(2) the commissioner of health bring an action under section 144G.20, subdivision 21.
new text end
new text begin
(e) If the commissioner does not follow the recommendations of the continuity of care
team identified in paragraph (d) within 30 days of receipt of the recommendations, the
commissioner must notify the chairs and ranking minority members of the legislative
committees with jurisdiction over human services of the commissioner's decision and include
in the notice an explanation of the commissioner's rejection of the recommendations, the
number of clients who will lose services as a result of the commissioner's decision, and the
likely outcomes for the clients who will lose services.
new text end
new text begin Subd. 5. new text end
new text begin Provider duties. new text end
new text begin
(a) The provider must fully cooperate with the lead agency
and the continuity of care team to effectuate a coordinated transfer or coordinated move for
each client who requires a new provider.
new text end
new text begin
(b) Nothing in this section absolves a provider of its obligations under chapters 144G,
245A, and 245D with respect to service suspensions, service terminations, contract
terminations, and coordinated moves. The commissioner of health and the commissioner
of human services may impose any sanctions available under law for violations of a licensing
requirement even if the provider complies with paragraph (a).
new text end
Sec. 5.
Minnesota Statutes 2024, section 256B.064, subdivision 2, is amended to read:
Subd. 2.
Imposition of monetary recovery and sanctions.
(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon an
individual or entity under this section. Except as provided in paragraphs (b) and (d), neither
a monetary recovery nor a sanction will be imposed by the commissioner without prior
notice and an opportunity for a hearing, according to chapter 14, on the commissioner's
proposed action, provided that the commissioner may suspend or reduce payment to an
individual or entity, except a nursing home or convalescent care facility, after notice and
prior to the hearing if in the commissioner's opinion that action is necessary to protect the
public welfare and the interests of the program.
(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23(e) or (f), the commissioner shall
withhold or reduce payments to an individual or entity without providing advance notice
of such withholding or reduction if either of the following occurs:
(1) the individual or entity is convicted of a crime involving the conduct described in
subdivision 1a; or
(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. Allegations are considered credible when they
have an indicium of reliability and the state agency has reviewed all allegations, facts, and
evidence carefully and acts judiciously on a case-by-case basis. A credible allegation of
fraud is an allegation which has been verified by the state, from any source, including but
not limited to:
(i) fraud hotline complaints;
(ii) claims data mining; and
(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.
(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:
(1) state that payments are being withheld according to paragraph (b);
(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;
(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;
(4) identify the types of claims to which the withholding applies; and
(5) inform the individual or entity of the right to submit written evidence for consideration
by the commissioner.
(d) deleted text begin The withholding or reduction of payments will not continue afterdeleted text end The commissioner
deleted text begin determinesdeleted text end new text begin must cease the withholding or reduction of payments after determiningnew text end there is
insufficient evidence of fraud by the individual or entity, new text begin after finding good cause not to
continue withholding or reducing payments under Code of Federal Regulations, title 42,
section 455.23(e) or (f), new text end or after legal proceedings relating to the alleged fraud are completed,
unless the commissioner has sent notice of intention to impose monetary recovery or
sanctions under paragraph (a). Upon conviction for a crime related to the provision,
management, or administration of a health service under medical assistance, a payment held
pursuant to this section by the commissioner or a managed care organization that contracts
with the commissioner under section 256B.035 is forfeited to the commissioner or managed
care organization, regardless of the amount charged in the criminal complaint or the amount
of criminal restitution ordered.
(e) The commissioner shall suspend or terminate an individual's or entity's participation
in the program without providing advance notice and an opportunity for a hearing when the
suspension or termination is required because of the individual's or entity's exclusion from
participation in Medicare. Within five days of taking such action, the commissioner must
send notice of the suspension or termination. The notice must:
(1) state that suspension or termination is the result of the individual's or entity's exclusion
from Medicare;
(2) identify the effective date of the suspension or termination; and
(3) inform the individual or entity of the need to be reinstated to Medicare before
reapplying for participation in the program.
(f) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is
to be imposed, an individual or entity may request a contested case, as defined in section
14.02, subdivision 3, by filing with the commissioner a written request of appeal. The appeal
request must be received by the commissioner no later than 30 days after the date the
notification of monetary recovery or sanction was mailed to the individual or entity. The
appeal request must specify:
(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;
(2) the computation that the individual or entity believes is correct;
(3) the authority in statute or rule upon which the individual or entity relies for each
disputed item;
(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and
(5) other information required by the commissioner.
(g) The commissioner may order an individual or entity to forfeit a fine for failure to
fully document services according to standards in this chapter and Minnesota Rules, chapter
9505. The commissioner may assess fines if specific required components of documentation
are missing. The fine for incomplete documentation shall equal 20 percent of the amount
paid on the claims for reimbursement submitted by the individual or entity, or up to $5,000,
whichever is less. If the commissioner determines that an individual or entity repeatedly
violated this chapter, chapter 254B or 245G, or Minnesota Rules, chapter 9505, related to
the provision of services to program recipients and the submission of claims for payment,
the commissioner may order an individual or entity to forfeit a fine based on the nature,
severity, and chronicity of the violations, in an amount of up to $5,000 or 20 percent of the
value of the claims, whichever is greater.
(h) The individual or entity shall pay the fine assessed on or before the payment date
specified. If the individual or entity fails to pay the fine, the commissioner may withhold
or reduce payments and recover the amount of the fine. A timely appeal shall stay payment
of the fine until the commissioner issues a final order.
new text begin
(i) Prior to suspending or withholding payments to an entity providing residential services
and supports to an older adult or person with a disability, or suspending or terminating the
entity's participation in medical assistance, the commissioner must notify the Department
of Human Services continuity of care team established under section 256B.045. The
commissioner must not suspend or withhold payments to an entity providing residential
services and supports to an older adult or person with a disability or suspend or terminate
the entity's participation in the program until the continuity of care team notifies the
commissioner that the team is prepared to immediately intervene and comply with its duties
under section 256B.045 upon imposition of the commissioner's sanction. For purposes of
this paragraph, "residential services and supports" has the meaning given under section
256B.045, subdivision 1.
new text end
Sec. 6.
Minnesota Statutes 2024, section 256B.492, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given.
(b) "Community-living setting" means a single-family home or multifamily dwelling
unit where a service recipient or a service recipient's family owns or rents and maintains
control over the individual unit as demonstrated by a lease agreement. Community-living
setting does not include a home or dwelling unit that the deleted text begin servicedeleted text end provider new text begin of the service
recipient's services new text end owns, operates, or leases or in which the deleted text begin servicedeleted text end provider new text begin of the service
recipient's services new text end has a direct or indirect financial interest.
(c) "Controlling individual" has the meaning given in section 245A.02, subdivision 5a.
(d) "License holder" has the meaning given in section 245A.02, subdivision 9.
Sec. 7.
Minnesota Statutes 2024, section 256B.492, subdivision 3, is amended to read:
Subd. 3.
Community-living settings.
(a) Individuals receiving services under a home
and community-based waiver under section 256B.092 or 256B.49 may receive services in
community-living settings. Community-living settings must meet the requirements of
subdivision 2, paragraph (a), clause (1).
(b) For the purposes of this section, direct financial interest exists if payment passes
between the license holder or any controlling individual of a licensed program and the
service recipient or an entity acting on the service recipient's behalf for the purpose of
obtaining or maintaining a dwelling. For the purposes of this section, indirect financial
interest exists if the license holder or any controlling individual of a licensed program has
an ownership or investment interest in the entity that owns, operates, leases, or otherwise
receives payment from the service recipient or an entity acting on the service recipient's
behalf for the purpose of obtaining or maintaining a dwelling.new text begin Neither a direct nor an indirect
financial interest exists if the service recipient is receiving services from a license holder
or a licensed program that is not the license holder or a licensed program that owns, operates,
leases, or has a direct or indirect financial interest in the setting in which the service
recipient's services are being delivered.
new text end
(c) To ensure a service recipient or the service recipient's family maintains control over
the home or dwelling unit, community-living settings are subject to the following
requirements:
(1) service recipients must not be required to receive services or share services;
(2) service recipients must not be required to have a disability or specific diagnosis to
live in the community-living setting;
(3) service recipients may hire service providers of their choice;
(4) service recipients may choose whether to share their household and with whom;
(5) the home or multifamily dwelling unit must include living, sleeping, bathing, and
cooking areas;
(6) service recipients must have lockable access and egress;
(7) service recipients must be free to receive visitors and leave the settings at times and
for durations of their own choosing;
(8) leases must comply with chapter 504B;
(9) landlords must not charge different rents to tenants who are receiving home and
community-based services; and
(10) access to the greater community must be easily facilitated based on the service
recipient's needs and preferences.
(d) Nothing in this section prohibits a service recipient from having another person or
entity not affiliated with the service provider cosign a lease. Nothing in this section prohibits
a service recipient, during any period in which a service provider has cosigned the service
recipient's lease, from modifying services with an existing cosigning service provider and,
subject to the approval of the landlord, maintaining a lease cosigned by the service provider.
Nothing in this section prohibits a service recipient, during any period in which a service
provider has cosigned the service recipient's lease, from terminating services with the
cosigning service provider, receiving services from a new service provider, or, subject to
the approval of the landlord, maintaining a lease cosigned by the new service provider.
(e) A lease cosigned by a service provider meets the requirements of paragraph (b) if
the service recipient and service provider develop and implement a transition plan which
must provide that, within two years of cosigning the initial lease, the service provider shall
transfer the lease to the service recipient and other cosigners, if any.
(f) In the event the landlord has not approved the transfer of the lease within two years
of the service provider cosigning the initial lease, the service provider must submit a
time-limited extension request to the commissioner of human services to continue the
cosigned lease arrangement. The extension request must include:
(1) the reason the landlord denied the transfer;
(2) the plan to overcome the denial to transfer the lease;
(3) the length of time needed to successfully transfer the lease, not to exceed an additional
two years;
(4) a description of how the transition plan was followed, what occurred that led to the
landlord denying the transfer, and what changes in circumstances or condition, if any, the
service recipient experienced; and
(5) a revised transition plan to transfer the cosigned lease between the service provider
and the service recipient to the service recipient.
(g) The commissioner must approve an extension under paragraph (f) within sufficient
time to ensure the continued occupancy by the service recipient.
ARTICLE 2
AGING AND DISABILITY SERVICES POLICY
Section 1.
Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision
to read:
new text begin Subd. 7b. new text end
new text begin Licensing moratorium. new text end
new text begin
(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, under
this chapter. This paragraph does not apply to child foster residence settings with residential
program certifications for compliance with the Family First Prevention Services Act under
section 245A.25, subdivision 1, paragraph (a). If a child foster residence setting that was
previously exempt from the licensing moratorium under this paragraph has its Family First
Prevention Services Act certification rescinded under section 245A.25, subdivision 9, the
commissioner shall revoke the license according to section 245A.07.
new text end
new text begin
(b) The commissioner shall not issue an initial license for adult foster care licensed under
Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter for a physical location
that will not be the primary residence of the license holder for the entire period of licensure.
If an adult foster care home license is issued during this moratorium, and the license holder
changes the license holder's primary residence away from the physical location of the foster
care license, the commissioner shall revoke the license according to section 245A.07. When
an adult resident served by the program moves out of a foster home that is not the primary
residence of the license holder according to Minnesota Statutes 2016, section 256B.49,
subdivision 15, paragraph (f), the county shall immediately inform the Department of Human
Services Licensing Division. The department may decrease the statewide licensed capacity
for adult foster care settings. Residential settings that would otherwise be subject to the
decreased license capacity established in this paragraph must be exempt if the license holder's
beds are occupied by residents whose primary diagnosis is mental illness and the license
holder is certified under the requirements in subdivision 6a or section 245D.33.
new text end
new text begin
(c) The commissioner shall not issue an initial license for a community residential setting
licensed under this chapter and chapter 245D. When an adult resident served by the program
moves out of an adult community residential setting, the county shall immediately inform
the Department of Human Services Licensing Division. The department may decrease the
statewide licensed capacity for community residential settings. Residential settings that
would otherwise be subject to the decreased license capacity established in this paragraph
must be exempt if the license holder's beds are occupied by residents whose primary diagnosis
is mental illness and the license holder is certified under the requirements in subdivision 6a
or section 245D.33.
new text end
new text begin
(d) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.
new text end
Sec. 2.
Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7c. new text end
new text begin Licensing moratorium exceptions. new text end
new text begin
(a) The commissioner may approve
exceptions to the foster care and community residential settings moratoria described under
subdivision 7b as provided in this subdivision.
new text end
new text begin
(b) When approving an exception under this subdivision to the foster care or community
residential setting moratorium described in subdivision 7b, the commissioner shall consider
the resource need determination process in subdivision 7d, the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of
the person's choices during the person's annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal.
new text end
new text begin
(c) Permissible exceptions to the moratorium include:
new text end
new text begin
(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;
new text end
new text begin
(2) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under subdivision 7d for the closure of a nursing facility, an
intermediate care facility for individuals with developmental disabilities, or regional treatment
center; restructuring of state-operated services that limits the capacity of state-operated
facilities; or movement to the community of people who no longer require the level of care
provided in state-operated facilities as provided under section 256B.092, subdivision 13,
or 256B.49, subdivision 24; and
new text end
new text begin
(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under subdivision 7d for persons requiring hospital-level care.
new text end
Sec. 3.
Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7d. new text end
new text begin Resource needs determination process. new text end
new text begin
(a) The commissioner shall determine
the need for newly licensed foster care homes or community residential settings. As part of
the determination, the commissioner shall consider the availability of foster care capacity
in the area in which the licensee seeks to operate and the recommendation of the local county
board. The determination by the commissioner is final. A determination of need is not
required for a change in ownership at the same address.
new text end
new text begin
(b) A resource need determination process, managed at the state level, using the available
data required under section 144A.351 and other data and information must be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351 and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.
new text end
new text begin
(c) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in subdivision 7b are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.
new text end
new text begin
(d) License holders of foster care homes identified under paragraph (c) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.
new text end
new text begin
(e) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings must be accomplished through a process
identified in section 256B.493.
new text end
new text begin
(f) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
new text end
Sec. 4.
Minnesota Statutes 2025 Supplement, section 245C.03, subdivision 6, is amended
to read:
Subd. 6.
Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities deleted text begin and providers of housing stabilization
servicesdeleted text end .
(a) For providers of services specified in the federally approved home and
community-based waiver plans under section 256B.4912 deleted text begin and providers of housing
stabilization services under section 256B.051deleted text end , the commissioner shall conduct background
studies on any individual who is an owner with at least a five percent ownership stake in
the provider, an operator of the provider, or an employee or volunteer for the provider who
has direct contact with people receiving the services. The individual studied must meet the
requirements of this chapter prior to providing waiver services and as part of ongoing
enrollment.
(b) The requirements in paragraph (a) apply to consumer-directed community supports
under section 256B.4911.
(c) For purposes of this section, "operator" includes but is not limited to a managerial
officer who oversees the billing, management, or policies of the services provided.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2025 Supplement, section 245C.04, subdivision 6, is amended
to read:
Subd. 6.
Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities deleted text begin and providers of housing stabilization
servicesdeleted text end .
(a) Providers required to initiate background studies under section 245C.03,
subdivision 6, must initiate a study using the electronic system known as NETStudy 2.0
before the individual begins in a position allowing direct contact with persons served by
the provider. New providers must initiate a study under this subdivision before initial
enrollment if the provider has not already initiated background studies as part of the service
licensure requirements.
(b) Except as provided in paragraph (c), the providers must initiate a background study
annually of an individual required to be studied under section 245C.03, subdivision 6.
(c) After an initial background study under this subdivision is initiated on an individual
by a provider of both services licensed by the commissioner and the unlicensed services
under this subdivision, a repeat annual background study is not required if:
(1) the provider maintains compliance with the requirements of section 245C.07,
paragraph (a), regarding one individual with one address and telephone number as the person
to receive sensitive background study information for the multiple programs that depend
on the same background study, and that the individual who is designated to receive the
sensitive background information is capable of determining, upon the request of the
commissioner, whether a background study subject is providing direct contact services in
one or more of the provider's programs or services and, if so, at which location or locations;
and
(2) the individual who is the subject of the background study provides direct contact
services under the provider's licensed program for at least 40 hours per year so the individual
will be recognized by a probation officer or corrections agent to prompt a report to the
commissioner regarding criminal convictions as required under section 245C.05, subdivision
7.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2025 Supplement, section 245C.10, subdivision 6, is amended
to read:
Subd. 6.
Unlicensed home and community-based waiver providers of service to
seniors and individuals with disabilities deleted text begin and providers of housing stabilization
servicesdeleted text end .
The commissioner shall recover the cost of background studies initiated by
unlicensed home and community-based waiver providers of service to seniors and individuals
with disabilities under section 256B.4912 deleted text begin and providers of housing stabilization services
under section 256B.051deleted text end through a fee of no more than $44 per study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2024, section 245D.09, subdivision 5, is amended to read:
Subd. 5.
Annual training.
new text begin (a)new text end A license holder must provide annual training to direct
support staff on the topics identified in subdivision 4, clauses (3) to (11). new text begin A license holder
may delay annual training up to 90 calendar days following the date by which the direct
care staff would otherwise be required to receive the annual training.
new text end
new text begin (b) new text end If the direct support staff has a first aid certification, annual training under subdivision
4, clause (9), is not required as long as the certification remains current.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 8.
Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 2, is amended
to read:
Subd. 2.
Positive support professional qualifications.
A positive support professional
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and interpretation of data;
(5) selecting intervention outcomes and strategies;
(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or neurocognitive disorder;
(11) demonstrated expertise with populations being served; and
(12) must be a:
(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;
(ii) clinical social worker licensed as an independent clinical social worker under chapter
148E, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);
(iv) licensed professional clinical counselor licensed under sections deleted text begin 148B.29 to 148B.39deleted text end new text begin
148B.5301 and 148B.532new text end with at least 4,000 hours of post-master's supervised experience
in the delivery of clinical services who has demonstrated competencies in the areas identified
in clauses (1) to (11);
(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11);
(vi) person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
needs as outlined in the person's assessment summary;
(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services; or
(viii) person who has completed a competency-based training program as determined
by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2025 Supplement, section 245D.091, subdivision 3, is amended
to read:
Subd. 3.
Positive support analyst qualifications.
(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must satisfy one of the following requirements as required under the
brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;
(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17;
(3) be a deleted text begin board-certifieddeleted text end new text begin licensed new text end behavior analyst or new text begin a new text end board-certified assistant behavior
analyst new text begin certified new text end by the Behavior Analyst Certification Board, Incorporated; or
(4) have completed a competency-based training program as determined by the
commissioner.
(b) In addition, a positive support analyst must:
(1) either have two years of supervised experience conducting functional behavior
assessments and designing, implementing, and evaluating effectiveness of positive practices
behavior support strategies for people who exhibit challenging behaviors as well as
co-occurring mental disorders and neurocognitive disorder, or for those who have obtained
a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
expertise in positive support services;
(2) have received training prior to hire or within 90 calendar days of hire that includes:
(i) ten hours of instruction in functional assessment and functional analysis;
(ii) 20 hours of instruction in the understanding of the function of behavior;
(iii) ten hours of instruction on design of positive practices behavior support strategies;
(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
(v) eight hours of instruction on principles of person-centered thinking;
(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and
(4) be under the direct supervision of a positive support professional.
(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2024, section 256.9752, as amended by Laws 2025, First
Special Session chapter 9, article 1, sections 6 and 7, is amended to read:
256.9752 SENIOR NUTRITION PROGRAMS.
Subdivision 1.
Program goals.
It is the goal of all new text begin area new text end agencies on aging and senior
nutrition programs to support the physical and mental health of deleted text begin seniorsdeleted text end new text begin older adultsnew text end living
in the community by:
(1) promoting nutrition programs that serve deleted text begin senior citizensdeleted text end new text begin older adultsnew text end in their homes
and communities; deleted text begin and
deleted text end
(2) providing, within the limit of funds available, the support services that will enable
deleted text begin the senior citizendeleted text end new text begin each older adultnew text end to access nutrition programs in the most cost-effective
and efficient mannerdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) coordinating with health and long-term care systems, emergency preparedness
systems, and other systems and stakeholders that support the health and wellness of older
adults.
new text end
Subd. 1a.
Food delivery support account; appropriation.
(a) A food delivery support
account is established in the special revenue fund. The account consists of funds under
section 174.49, subdivision 2, and as provided by law and any other money donated, allotted,
transferred, or otherwise provided to the account.
(b) Money in the account is annually appropriated to the commissioner of human services
for grants to nonprofit organizations to provide transportation of home-delivered meals,
groceries, purchased food, or a combination, to Minnesotans who are experiencing food
insecurity and have difficulty obtaining or preparing meals due to limited mobility, disability,
age, or resources to prepare their own meals. A nonprofit organization must have a
demonstrated history of providing and distributing food customized for the population that
they serve.
(c) Grant funds under this subdivision must supplement, but not supplant, any state or
federal funding used to provide prepared meals to Minnesotans experiencing food insecurity.
Subd. 2.
Authority.
The Minnesota Board on Aging shall allocate to area agencies on
aging the statenew text begin nutrition support and food delivery support fundsnew text end andnew text begin thenew text end federal funds deleted text begin whichdeleted text end new text begin
thatnew text end are received for deleted text begin thedeleted text end senior nutrition programs deleted text begin of congregate dining and home-delivered
mealsdeleted text end in a manner consistent with the board's intrastate funding formula.
Subd. 3.
Nutrition support services.
(a) Funds allocated to an area agency on aging
for nutrition support services may be used for the followingnew text begin , as determined appropriate by
the area agency on aging to address the needs of older adults in the agency's planning and
service areanew text end :
(1) transportation of home-delivered meals and purchased food and medications to the
residence of deleted text begin a senior citizendeleted text end new text begin an older adultnew text end ;
(2) expansion of home-delivered meals into unserved and underserved areas;
(3) transportationnew text begin of older adultsnew text end to deleted text begin supermarketsdeleted text end new text begin grocery storesnew text end or delivery of groceries
deleted text begin from supermarketsdeleted text end to homesnew text begin of older adultsnew text end ;
(4) vouchers for food purchases at selected restaurants in isolated rural areas;
(5) the Supplemental Nutrition Assistance Program (SNAP) outreach;
(6) transportation of deleted text begin seniorsdeleted text end new text begin older adultsnew text end to congregate dining sites;
(7) nutrition screening assessments and counseling as needed by individuals with special
dietary needs, performed by a licensed dietitian or nutritionist;
new text begin
(8) medically tailored meals;
new text end
deleted text begin (8)deleted text end new text begin (9)new text end other appropriate services deleted text begin whichdeleted text end new text begin and tools thatnew text end support senior nutrition programs,
including new service delivery modelsnew text begin and technologynew text end ; and
deleted text begin (9)deleted text end new text begin (10) development and implementation ofnew text end innovative models deleted text begin of providingdeleted text end new text begin to providenew text end
healthy and nutritious deleted text begin meals to seniorsdeleted text end new text begin food to older adultsnew text end , including through partnerships
with schools, restaurants, new text begin hospitals, food shelves and food pantries, farmers, new text end and other
community partners.
(b) An area agency on aging may transfer unused funding for nutrition support services
to fund congregate dining services and home-delivered meals.
(c) State funds under this subdivision are subject to federal requirements in accordance
with the Minnesota Board on Aging's intrastate funding formula.
Sec. 11.
Minnesota Statutes 2025 Supplement, section 256B.04, subdivision 21, is amended
to read:
Subd. 21.
Provider enrollment.
(a) The commissioner shall enroll providers and conduct
screening activities as required by Code of Federal Regulations, title 42, section 455, subpart
E. A provider must enroll each provider-controlled location where direct services are
provided. The commissioner may deny a provider's incomplete application if a provider
fails to respond to the commissioner's request for additional information within 60 days of
the request. The commissioner must conduct a background study under chapter 245C,
including a review of databases in section 245C.08, subdivision 1, paragraph (a), clauses
(1) to (5), for a provider described in this paragraph. The background study requirement
may be satisfied if the commissioner conducted a fingerprint-based background study on
the provider that includes a review of databases in section 245C.08, subdivision 1, paragraph
(a), clauses (1) to (5).
(b) The commissioner shall revalidate:
(1) each provider under this subdivision at least once every five years;
(2) each personal care assistance agency, CFSS provider-agency, and CFSS financial
management services provider under this subdivision at least once every three years;
(3) each EIDBI agency under this subdivision at least once every three years; and
(4) at the commissioner's discretion, any medical-assistance-only provider type the
commissioner deems "high-risk" under this subdivision.
(c) The commissioner shall conduct revalidation as follows:
(1) provide 30-day notice of the revalidation due date including instructions for
revalidation and a list of materials the provider must submit;
(2) if a provider fails to submit all required materials by the due date, notify the provider
of the deficiency within 30 days after the due date and allow the provider an additional 30
days from the notification date to comply; and
(3) if a provider fails to remedy a deficiency within the 30-day time period, give 60-day
notice of termination and immediately suspend the provider's ability to bill. The provider
does not have the right to appeal suspension of ability to bill.
(d) If a provider fails to comply with any individual provider requirement or condition
of participation, the commissioner may suspend the provider's ability to bill until the provider
comes into compliance. The commissioner's decision to suspend the provider is not subject
to an administrative appeal.
(e) Correspondence and notifications, including notifications of termination and other
actions, may be delivered electronically to a provider's MN-ITS mailbox. This paragraph
does not apply to correspondences and notifications related to background studies.
(f) If the commissioner or the Centers for Medicare and Medicaid Services determines
that a provider is designated "high-risk," the commissioner may withhold payment from
providers within that category upon initial enrollment for a 90-day period. The withholding
for each provider must begin on the date of the first submission of a claim.
(g) An enrolled provider that is also licensed by the commissioner under chapter 245A,
is licensed as a home care provider by the Department of Health under chapter 144A, or is
licensed as an assisted living facility under chapter 144G and has a home and
community-based services designation on the home care license under section 144A.484,
must designate an individual as the entity's compliance officer. The compliance officer
must:
(1) develop policies and procedures to assure adherence to medical assistance laws and
regulations and to prevent inappropriate claims submissions;
(2) train the employees of the provider entity, and any agents or subcontractors of the
provider entity including billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper conduct related to the provision or billing of
medical assistance services, and implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor compliance with medical assistance laws and
regulations;
(5) promptly report to the commissioner any identified violations of medical assistance
laws or regulations; and
(6) within 60 days of discovery by the provider of a medical assistance reimbursement
overpayment, report the overpayment to the commissioner and make arrangements with
the commissioner for the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a
provider within a particular industry sector or category establish a compliance program that
contains the core elements established by the Centers for Medicare and Medicaid Services.
(h) The commissioner may revoke the enrollment of an ordering or rendering provider
for a period of not more than one year, if the provider fails to maintain and, upon request
from the commissioner, provide access to documentation relating to written orders or requests
for payment for durable medical equipment, certifications for home health services, or
referrals for other items or services written or ordered by such provider, when the
commissioner has identified a pattern of a lack of documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one occasion.
Nothing in this paragraph limits the authority of the commissioner to sanction a provider
under the provisions of section 256B.064.
(i) The commissioner shall terminate or deny the enrollment of any individual or entity
if the individual or entity has been terminated from participation in Medicare or under the
Medicaid program or Children's Health Insurance Program of any other state. The
commissioner may exempt a rehabilitation agency from termination or denial that would
otherwise be required under this paragraph, if the agency:
(1) is unable to retain Medicare certification and enrollment solely due to a lack of billing
to the Medicare program;
(2) meets all other applicable Medicare certification requirements based on an on-site
review completed by the commissioner of health; and
(3) serves primarily a pediatric population.
(j) As a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the Centers for Medicare and
Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
Services, its agents, or its designated contractors and the state agency, its agents, or its
designated contractors to conduct unannounced on-site inspections of any provider location.
The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
and standards used to designate Medicare providers in Code of Federal Regulations, title
42, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
The commissioner's designations are not subject to administrative appeal.
(k) As a condition of enrollment in medical assistance, the commissioner shall require
that a high-risk provider, or a person with a direct or indirect ownership interest in the
provider of five percent or higher, consent to criminal background checks, including
fingerprinting, when required to do so under state law or by a determination by the
commissioner or the Centers for Medicare and Medicaid Services that a provider is designated
high-risk for fraud, waste, or abuse.
(l)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all durable
medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical suppliers
meeting the durable medical equipment provider and supplier definition in clause (3),
operating in Minnesota and receiving Medicaid funds must purchase a surety bond that is
annually renewed and designates the Minnesota Department of Human Services as the
obligee, and must be submitted in a form approved by the commissioner. For purposes of
this clause, the following medical suppliers are not required to obtain a surety bond: a
federally qualified health center, a home health agency, the Indian Health Service, a
pharmacy, and a rural health clinic.
(2) At the time of initial enrollment or reenrollment, durable medical equipment providers
and suppliers defined in clause (3) must purchase a surety bond of $50,000. If a revalidating
provider's Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a surety bond of $50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must allow for recovery of costs and
fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions
from a surety bond must occur within six years from the date the debt is affirmed by a final
agency decision. An agency decision is final when the right to appeal the debt has been
exhausted or the time to appeal has expired under section 256B.064.
(3) "Durable medical equipment provider or supplier" means a medical supplier that can
purchase medical equipment or supplies for sale or rental to the general public and is able
to perform or arrange for necessary repairs to and maintenance of equipment offered for
sale or rental.
(m) The Department of Human Services may require a provider to purchase a surety
bond as a condition of initial enrollment, reenrollment, reinstatement, or continued enrollment
if: (1) the provider fails to demonstrate financial viability, (2) the department determines
there is significant evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph (f) and as
per Code of Federal Regulations, title 42, section 455.450. The surety bond must be in an
amount of $100,000 or ten percent of the provider's payments from Medicaid during the
immediately preceding 12 months, whichever is greater. The surety bond must name the
Department of Human Services as an obligee and must allow for recovery of costs and fees
in pursuing a claim on the bond. This paragraph does not apply if the provider currently
maintains a surety bond under the requirements in section deleted text begin 256B.051,deleted text end 256B.0659, 256B.0701,
or 256B.85.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2024, section 256B.04, subdivision 24, is amended to read:
Subd. 24.
Medicaid waiver requests and state plan amendmentsnew text begin ; notice; public
commentsnew text end .
new text begin (a) new text end The commissioner shall notify the chairs and ranking minority members of
the legislative committees with jurisdiction over medical assistance at least 30 days before
submitting a new Medicaid waiver request to the federal government.
new text begin (b)new text end Prior to submitting any Medicaid waiver request or Medicaid state plan amendment
to the federal government for approval, the commissioner shall publish the text of the waiver
request or state plan amendment, and a summary of and explanation of the need for the
request, on the agency's website and provide a 30-day public comment period. The
commissioner shall notify the public of the availability of this information through the
agency's electronic subscription service. The commissioner shall new text begin publish the text of all
public comments on the agency's website and new text end consider public comments when preparing
the final waiver request or state plan amendment that is to be submitted to the federal
government for approval.
new text begin (c)new text end The commissioner shall also publish on the agency's website notice of any federal
decision related to the state request for approval, within 30 days of the decision. This notice
must describe any modifications to the state request that have been agreed to by the
commissioner as a condition of receiving federal approval.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2024, section 256B.04, is amended by adding a subdivision
to read:
new text begin Subd. 24a. new text end
new text begin
Medicaid waiver requests and state plan amendments; prohibited
actions.
new text end
new text begin
The commissioner must not take the following actions without prior enactment of
legislative authorization:
new text end
new text begin
(1) terminate a medical assistance program, waiver, or benefit;
new text end
new text begin
(2) request federal assistance with terminating a medical assistance program, waiver, or
benefit; or
new text end
new text begin
(3) substantially redesign a medical assistance program, waiver, or benefit.
new text end
Sec. 14.
Minnesota Statutes 2024, section 256B.056, subdivision 7a, is amended to read:
Subd. 7a.
Periodic renewal of eligibility.
(a) The commissioner shall make an annual
redetermination of eligibility based on information contained in the enrollee's case file and
other information available to the agency, including but not limited to information accessed
through an electronic database, without requiring the enrollee to submit any information
when sufficient data is available for the agency to renew eligibility.
(b) If the commissioner cannot renew eligibility in accordance with paragraph (a), the
commissioner must provide the enrollee with a prepopulated renewal form containing
eligibility information available to the agency and permit the enrollee to submit the form
with any corrections or additional information to the agency and sign the renewal form via
any of the modes of submission specified in section 256B.04, subdivision 18.
(c) An enrollee who is terminated for failure to complete the renewal process may
subsequently submit the renewal form and required information within four months after
the date of termination and have coverage reinstated without a lapse, if otherwise eligible
under this chapter. The local agency may close the enrollee's case file if the required
information is not submitted within four months of termination.
deleted text begin
(d) Notwithstanding paragraph (a), a person who is eligible under subdivision 5 shall
be subject to a review of the person's income every six months.
deleted text end
Sec. 15.
Minnesota Statutes 2024, section 256B.056, is amended by adding a subdivision
to read:
new text begin Subd. 7b. new text end
new text begin
Periodic renewal of eligibility; individuals with excess
income.
new text end
new text begin
Notwithstanding subdivision 7a, paragraph (a), a person who has excess income
but is eligible under subdivision 5 is subject to a review of the person's income every six
months.
new text end
Sec. 16.
Minnesota Statutes 2024, section 256B.056, is amended by adding a subdivision
to read:
new text begin Subd. 7c. new text end
new text begin Periodic renewal of eligibility; employed persons with disabilities. new text end
new text begin
(a) For
a person enrolled in medical assistance under section 256B.057, subdivision 9, the
commissioner or local agency must provide the enrollee with the renewal form described
in subdivision 7a, paragraph (b), at least 60 calendar days before the end of the enrollee's
eligibility period. If the commissioner or local agency fails to provide the enrollee with the
renewal form 60 calendar days before the end of the enrollee's eligibility period, consistent
with Code of Federal Regulations, title 42, sections 435.912(e) and (g)(2), the commissioner
and the local agency must not terminate the enrollee until the end of the second month
following the month in which the enrollee's eligibility period ended.
new text end
new text begin
(b) For a person enrolled in medical assistance under section 256B.057, subdivision 9,
who due to a good cause is unable to respond within the required time frame to the renewal
form provided to the enrollee under subdivision 7a, paragraph (b), the commissioner must
provide the enrollee an additional 30 calendar days to respond, as permitted under Code of
Federal Regulations, title 42, section 435.912(e)(1).
new text end
new text begin
(c) For a person enrolled in medical assistance under section 256B.057, subdivision 9,
the commissioner must not terminate the enrollee's medical assistance eligibility until the
commissioner has provided the enrollee with a notice of terminated eligibility that includes
information on the enrollee's right to appeal the termination under section 256.045.
new text end
Sec. 17.
Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
to read:
new text begin Subd. 77. new text end
new text begin Early intensive developmental and behavioral intervention benefit. new text end
new text begin
Medical
assistance covers early intensive developmental and behavioral intervention services
according to section 256B.0949.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2024, section 256B.0658, is amended to read:
256B.0658 HOUSING ACCESS GRANTS.
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
The commissioner of human services shall award through
a competitive process contracts for grants to public and private agencies to support and
assist individuals with a disability deleted text begin as defined in section 256B.051, subdivision 2, paragraph
(e),deleted text end to access housing.
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin (a)new text end new text begin For the purposes of this section, the term defined in this
subdivision has the meaning given.
new text end
new text begin
(b) "Individual with a disability" means:
new text end
new text begin
(1) an individual who is aged, blind, or disabled as determined by the criteria under
sections 216(i)(1) and 221 of the Social Security Act; or
new text end
new text begin
(2) an individual who meets a category of eligibility under section 256D.05, subdivision
1, paragraph (a), clause (1), (4), (5) to (8), or (13).
new text end
new text begin Subd. 3. new text end
new text begin Allowable uses of grant money. new text end
Grants may be awarded to agencies that may
include, but are not limited to, the following supports: assessment to ensure suitability of
housing, accompanying an individual to look at housing, filling out applications and rental
agreements, meeting with landlords, helping with Section 8 or other program applications,
helping to develop a budget, obtaining furniture and household goods, if necessary, and
assisting with any problems that may arise with housing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2024, section 256B.0659, subdivision 12, is amended to read:
Subd. 12.
Documentation of personal care assistance services provided.
(a) Personal
care assistance services for a recipient must be documented daily by each personal care
assistant, on a time sheet form approved by the commissioner. All documentation may be
web-based, electronic, or paper documentation. The completed form must be submitted on
a monthly basis to the provider and kept in the recipient's health record.
(b) The activity documentation must correspond to the personal care assistance care plan
and be reviewed by the qualified professional.
(c) The personal care assistant time sheet must be on a form approved by the
commissioner documenting time the personal care assistant provides services in the home.
The following criteria must be included in the time sheet:
(1) full name of personal care assistant and individual provider number;
(2) provider name and telephone numbers;
(3) full name of recipient and either the recipient's medical assistance identification
number or date of birth;
(4) consecutive dates, including month, day, and year, and arrival and departure times
with a.m. or p.m. notations;
(5) signatures of recipient or the responsible party;
(6) personal signature of the personal care assistant;
(7) any shared deleted text begin caredeleted text end new text begin servicesnew text end provided, if applicable;
(8) a statement that it is a federal crime to provide false information on personal care
service billings for medical assistance payments;
(9) dates and location of recipient stays in a hospital, care facility, or incarceration; and
(10) any time spent traveling, as described in subdivision 1, paragraph (i), including
start and stop times with a.m. and p.m. designations, the origination site, and the destination
site.
Sec. 20.
Minnesota Statutes 2024, section 256B.0659, subdivision 16, is amended to read:
Subd. 16.
Shared services.
(a) Medical assistance payments for deleted text begin shareddeleted text end personal care
assistance servicesnew text begin that are shared servicesnew text end are limited according to this subdivision.
(b) deleted text begin Shared service isdeleted text end new text begin For the purposes of this section, "shared services" meansnew text end the
provision of personal care assistance services by a personal care assistant to two or three
recipientsdeleted text begin ,deleted text end new text begin who are allnew text end eligible for medical assistancedeleted text begin ,deleted text end new text begin andnew text end who new text begin each new text end voluntarily enter into
an agreement to receive services at the same time and in the same setting.
(c) For the purposes of this subdivision, "setting" means:
(1) the home residence or family foster care home of one or more of the individual
recipients; or
(2) a child care program licensed under chapter 142B or operated by a local school
district or private school.
(d) Shared deleted text begin personal care assistancedeleted text end services follow the same criteria for covered services
as subdivision 2.
(e) Noncovered shared deleted text begin personal care assistancedeleted text end services include the following:
(1) services for more than three recipients by one personal care assistant at one time;
(2) staff requirements for child care programs under chapter 245C;
(3) caring for multiple recipients in more than one setting;
(4) additional units of personal care assistance based on the selection of the option; and
(5) use of more than one personal care assistance provider agency for the shared deleted text begin caredeleted text end
services.
(f) The option of shared deleted text begin personal care assistancedeleted text end new text begin servicesnew text end is elected by the recipient or
the responsible party with the assistance of the assessor. The option must be determined
appropriate based on the ages of the recipients, compatibility, and coordination of their
assessed care needs. The recipient or the responsible party, in conjunction with the qualified
professional, shall arrange the setting and grouping of shared services based on the individual
needs and preferences of the recipients. The personal care assistance provider agency shall
offer the recipient or the responsible party the option of shared new text begin services new text end or one-on-one
personal care assistance services or a combination of both. The recipient or the responsible
party may withdraw from participating in a shared services arrangement at any time.
(g) Authorization for the shared service option must be determined by the commissioner
based on the criteria that the shared service is appropriate to meet all of the recipients' needs
and deleted text begin theirdeleted text end new text begin the recipients'new text end health and safety is maintained. The authorization of shared services
is part of the overall authorization of personal care assistance services. Nothing in this
subdivision must be construed to reduce the total number of hours authorized for an individual
recipient.
(h) A personal care assistant providing shared deleted text begin personal care assistancedeleted text end services must:
(1) receive training specific for each recipient served; and
(2) follow all required documentation requirements for time and services provided.
(i) A qualified professional shall:
(1) evaluate the ability of the personal care assistant to provide services deleted text begin for all ofdeleted text end new text begin to allnew text end
the recipients in a shared setting;
(2) visit the shared setting as new text begin shared new text end services are being provided at least once every six
months or whenever needed for response to a recipient's request for increased supervision
of the personal care assistance staff;
(3) provide ongoing monitoring and evaluation of the effectiveness and appropriateness
of the shared services;
(4) develop a contingency plan with each of the recipients deleted text begin whichdeleted text end new text begin thatnew text end accounts for absence
of the recipient in a shared services setting due to illness or other circumstances;
(5) obtain permission from each of the recipients who are sharing a personal care assistant
for number of shared hours for services provided inside and outside the home residence;
and
(6) document the training completed by the personal care assistants specific to the shared
setting and recipients sharing services.
Sec. 21.
Minnesota Statutes 2024, section 256B.0659, subdivision 17, is amended to read:
Subd. 17.
Shared services; rates.
new text begin
(a) For the purposes of this subdivision, "additional
revenue for shared services" means the difference between the rate paid to a personal care
assistance provider agency for serving a single recipient and the sum of the rates paid to a
personal care assistance provider agency for shared services provided to more than one
recipient.
new text end
new text begin
(b) For the purposes of this subdivision, "wages and wage-related costs" means increased
wages and any corresponding increase in the employer's share of FICA taxes, Medicare
taxes, state and federal unemployment taxes, workers' compensation premiums, and
contributions to employee retirement accounts if the contribution is a function of wages.
new text end
new text begin (c) new text end The commissioner shall provide a rate system for shared deleted text begin personal care assistancedeleted text end
services. For two deleted text begin personsdeleted text end new text begin recipientsnew text end sharing services, the rate paid to a new text begin personal care
assistance new text end provider new text begin agency for the shared services new text end must not exceed one and one-half times
the rate paid for serving a single deleted text begin individual, anddeleted text end new text begin recipient.new text end For three deleted text begin personsdeleted text end new text begin recipientsnew text end
sharing services, the rate paid to a new text begin personal care assistance new text end provider new text begin agency for the shared
services new text end must not exceed twice the rate paid for serving a single deleted text begin individualdeleted text end new text begin recipientnew text end . These
rates apply only when all deleted text begin of thedeleted text end criteria for deleted text begin thedeleted text end shared deleted text begin care personal care assistance service
have beendeleted text end new text begin services arenew text end met.
new text begin
(d) Of the additional revenue for shared services provided to two recipients, the personal
care assistance provider agency must use 95 percent for the purposes specified in paragraph
(e). Of the additional revenue for shared services provided to three recipients, the personal
care assistance provider agency must use 95 percent for the purposes specified in paragraph
(e).
new text end
new text begin
(e) A personal care assistance provider agency must use the percentages of additional
revenue for shared services specified in paragraph (d) for the wages and wage-related costs
of the personal care assistant providing the shared services. The personal care assistance
provider agency must not use additional revenue for shared services to pay for mileage
reimbursements, uniform allowances, health and dental insurance, life insurance, disability
insurance, long-term care insurance, contributions to employee retirement accounts if the
contribution is not a function of wages, or any other employee benefits.
new text end
Sec. 22.
Minnesota Statutes 2024, section 256B.0659, subdivision 19, is amended to read:
Subd. 19.
Personal care assistance choice option; qualifications; duties.
(a) Under
personal care assistance choice, the recipient or responsible party shall:
(1) recruit, hire, schedule, and terminate personal care assistants according to the terms
of the written agreement required under subdivision 20, paragraph (a);
(2) develop a personal care assistance care plan based on the assessed needs and
addressing the health and safety of the recipient with the assistance of a qualified professional
as needed;
(3) orient and train the personal care assistant with assistance as needed from the qualified
professional;
(4) supervise and evaluate the personal care assistant with the qualified professional,
who is required to visit the recipient at least every 180 days;
(5) monitor and verify in writing and report to the personal care assistance choice agency
the number of hours worked by the personal care assistant and the qualified professional;
(6) engage in an annual reassessment as required in subdivision 3a to determine
continuing eligibility and service authorization;
(7) use the same personal care assistance choice provider agency if shared deleted text begin personal
assistance care isdeleted text end new text begin services arenew text end being used; and
(8) ensure that a personal care assistant driving the recipient under subdivision 1,
paragraph (i), has a valid driver's license and the vehicle used is registered and insured
according to Minnesota law.
(b) The personal care assistance choice provider agency shall:
(1) meet all personal care assistance provider agency standards;
(2) enter into a written agreement with the recipient, responsible party, and personal
care assistants;
(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal
care assistant; and
(4) ensure arm's-length transactions without undue influence or coercion with the recipient
and personal care assistant.
(c) The duties of the personal care assistance choice provider agency are to:
(1) be the employer of the personal care assistant and the qualified professional for
employment law and related regulations including but not limited to purchasing and
maintaining workers' compensation, unemployment insurance, surety and fidelity bonds,
and liability insurance, and submit any or all necessary documentation including but not
limited to workers' compensation, unemployment insurance, and labor market data required
under section 256B.4912, subdivision 1a;
(2) bill the medical assistance program for personal care assistance services and qualified
professional services;
(3) request and complete background studies that comply with the requirements for
personal care assistants and qualified professionals;
(4) pay the personal care assistant and qualified professional based on actual hours of
services provided;
(5) withhold and pay all applicable federal and state taxes;
(6) verify and keep records of hours worked by the personal care assistant and qualified
professional;
(7) make the arrangements and pay taxes and other benefits, if any, and comply with
any legal requirements for a Minnesota employer;
(8) enroll in the medical assistance program as a personal care assistance choice agency;
and
(9) enter into a written agreement as specified in subdivision 20 before services are
provided.
Sec. 23.
Minnesota Statutes 2025 Supplement, section 256B.0701, subdivision 9, is
amended to read:
Subd. 9.
Provider qualifications and duties.
A provider is eligible for reimbursement
under this section only if the provider:
(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk
assessment under subdivision 10;
(2) is enrolled as a medical assistance Minnesota health care program provider and meets
all applicable provider standards and requirements;
deleted text begin
(3) demonstrates compliance with federal and state laws and policies for housing
stabilization services as determined by the commissioner;
deleted text end
new text begin
(3) demonstrates compliance with federal and state laws and policies for recuperative
care services as determined by the commissioner;
new text end
(4) complies with background study requirements under chapter 245C and maintains
documentation of background study requests and results;
(5) provides at the time of enrollment, reenrollment, and revalidation in a format
determined by the commissioner, proof of surety bond coverage for each business location
providing services. Upon new enrollment, or if the provider's medical assistance revenue
in the previous calendar year is $300,000 or less, the provider agency must purchase a surety
bond of $50,000. If the provider's medical assistance revenue in the previous year is over
$300,000, the provider agency must purchase a surety bond of $100,000. The surety bond
must be in a form approved by the commissioner, must be renewed annually, and must
allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain
monetary recovery or sanctions from a surety bond must occur within six years from the
date the debt is affirmed by a final agency decision. An agency decision is final when the
right to appeal the debt has been exhausted or the time to appeal has expired under section
256B.064;
(6) ensures all controlling individuals and employees of the agency complete annual
vulnerable adult training;
(7) completes compliance training as required under subdivision 11; and
(8) complies with the habitability inspection requirements in subdivision 13.
Sec. 24.
Minnesota Statutes 2025 Supplement, section 256B.0911, subdivision 13, is
amended to read:
Subd. 13.
MnCHOICES assessor qualifications, training, and certification.
(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.
(b) MnCHOICES certified assessors must have received training and certification specific
to assessment and consultation for long-term care services in the state and either:
(1) have at least an associate's degree in human services, or other closely related field;
(2) have at least an associate's degree in nursing with a public health nursing certificate,
or other closely related field; or
(3) be a registered nurse.
(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.
(d) Certified assessors must be recertified every three years.
new text begin
(e) A Tribal Nation may establish the Tribal Nation's own education and experience
qualifications for certified assessors.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 25.
Minnesota Statutes 2024, section 256B.0911, subdivision 32, is amended to read:
Subd. 32.
Administrative activity.
(a) The commissioner shall:
(1) streamline the processes, including timelines for when assessments need to be
completed;
(2) provide the services in this section; and
(3) implement integrated solutions to automate the business processes to the extent
necessary for support plan approval, reimbursement, program planning, evaluation, and
policy development.
(b) The commissioner shall work with lead agencies responsible for conducting long-term
care consultation services todeleted text begin :
deleted text end
deleted text begin (1)deleted text end modify the MnCHOICES application and assessment policies to create efficiencies
while ensuring federal compliance with medical assistance and long-term services and
supports eligibility criteriadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) develop a set of measurable benchmarks sufficient to demonstrate quarterly
improvement in the average time per assessment and other mutually agreed upon measures
of increasing efficiency.
deleted text end
deleted text begin
(c) The commissioner shall collect data on the benchmarks developed under paragraph
(b) and provide to the lead agencies an annual trend analysis of the data in order to
demonstrate the commissioner's compliance with the requirements of this subdivision.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2024, section 256B.0924, subdivision 3, is amended to read:
Subd. 3.
Eligibility.
Persons are eligible to receive targeted case management services
under this section if the requirements in paragraphs (a) and (b) are met.
(a) The person must be assessed and determined by the local county new text begin or Tribal new text end agency
to:
(1) be age 18 or older;
(2) be receiving medical assistance;
(3) have significant functional limitations; and
(4) be in need of service coordination to attain or maintain living in an integrated
community setting.
(b) new text begin Except as permitted under paragraph (c), new text end the person must benew text begin :
new text end
new text begin (1)new text end a vulnerable adult in need of adult protection as defined in section 626.5572deleted text begin , or isdeleted text end new text begin ;
new text end
new text begin (2)new text end an adult with a developmental disability as defined in section 252A.02, subdivision
2deleted text begin , ordeleted text end new text begin ;
new text end
new text begin (3) an adult withnew text end a related condition as defined in section 256B.02, subdivision 11, deleted text begin anddeleted text end new text begin
whonew text end is not receiving home and community-based waiver servicesdeleted text begin ,deleted text end new text begin ;new text end or
deleted text begin isdeleted text end new text begin (4)new text end an adult who lacks a permanent residence and who has been without a permanent
residence for at least one year or on at least four occasions in the last three years.
new text begin
(c) Tribal agencies may make a determination of eligibility under Tribal governance
codes for adult protection or policy procedures consistent with section 626.5572 when
determining whether a person is a vulnerable adult in need of adult protection or an adult
with developmental disabilities or a related condition.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 27.
Minnesota Statutes 2024, section 256B.0924, subdivision 5, is amended to read:
Subd. 5.
Provider standards.
County boards deleted text begin ordeleted text end new text begin ,new text end providers who contract with the countynew text begin ,
or Tribal government contracted providersnew text end are eligible to receive medical assistance
reimbursement for adult targeted case management services. To qualify as a provider of
targeted case management services the vendor must:
(1) have demonstrated the capacity and experience to provide the activities of case
management services defined in subdivision 4;
(2) be able to coordinate and link community resources needed by the recipient;
(3) have the administrative capacity and experience to serve the eligible population in
providing services and to ensure quality of services under state and federal requirements;
(4) have a financial management system that provides accurate documentation of services
and costs under state and federal requirements;
(5) have the capacity to document and maintain individual case records complying with
state and federal requirements;
(6) coordinate with county social deleted text begin servicedeleted text end new text begin services or Tribal human servicesnew text end agencies
responsible for planning for community social services under chapters 256E and 256F;
conducting adult protective investigations under section 626.557, and conducting prepetition
screenings for commitments under section 253B.07;
(7) coordinate with health care providers to ensure access to necessary health care
services;
(8) have a procedure in place that notifies the recipient and the recipient's legal
representative of any conflict of interest if the contracted targeted case management service
provider also provides the recipient's services and supports and provides information on all
potential conflicts of interest and obtains the recipient's informed consent and provides the
recipient with alternatives; and
(9) have demonstrated the capacity to achieve the following performance outcomes:
access, quality, and consumer satisfaction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 28.
Minnesota Statutes 2024, section 256B.0924, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Tribal case manager qualifications. new text end
new text begin
An individual is authorized to serve as
a vulnerable adult and developmental disability targeted case manager if the individual is
certified by a federally recognized Tribal government in Minnesota pursuant to section
256B.02, subdivision 7, paragraph (c).
new text end
Sec. 29.
Minnesota Statutes 2025 Supplement, section 256B.0924, subdivision 6, is
amended to read:
Subd. 6.
Payment for targeted case management.
(a) Medical assistance and
MinnesotaCare payment for targeted case management shall be made on a monthly basis.
In order to receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a face-to-face contact
either in person or by interactive video that meets the requirements in section 256B.0625,
subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
or other relevant persons identified as necessary to the development or implementation of
the goals of the personal service plan.
(b) Except as provided under paragraph (m), payment for targeted case management
provided by county staff under this subdivision shall be based on the monthly rate
methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
combined average rate together with adult mental health case management under section
256B.0625, subdivision 20deleted text begin , except for calendar year 2002deleted text end . deleted text begin In calendar year 2002, the rate
for case management under this section shall be the same as the rate for adult mental health
case management in effect as of December 31, 2001.deleted text end Billing and payment must identify the
recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors shall
be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
new text begin Payment for case management provided by vendors who contract with a Tribe must be made
in accordance with Indian health service facility requirements. If a Tribe chooses to contract
with a vendor not receiving payment through an Indian health service facility, the rate must
be based on a monthly rate negotiated by the Tribe. new text end The rate must not exceed the rate charged
by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among its members.
No reimbursement received by contracted vendors shall be returned to the countynew text begin or Tribenew text end ,
except to reimburse the county new text begin or Tribe new text end for advance funding provided by the county new text begin or
Tribe new text end to the vendor.
(d) If the service is provided by a team that includes new text begin any combination of new text end contracted
vendors deleted text begin anddeleted text end new text begin ,new text end county new text begin staff, and Tribal new text end staff, the costs for county staff participation on the
team shall be included in the rate for county-provided services. In this case, the contracted
vendor and the countynew text begin and Tribal case managersnew text end may each receive separate payment for
services provided by each entity in the same month. In order to prevent duplication of
services, deleted text begin the countydeleted text end new text begin each entitynew text end must documentdeleted text begin , in the recipient's file,deleted text end the need for team
targeted case management and a description of the different roles of deleted text begin the team membersdeleted text end new text begin staffnew text end .
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
targeted case management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
used to match other federal funds.new text begin If the service is provided by a Tribal agency, the recipient's
Tribe must provide the nonfederal share of costs, if any.
new text end
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
that does not meet the reporting or other requirements of this section. The county of
responsibility, as defined in sections 256G.01 to 256G.12, new text begin or Tribe when applicable, new text end is
responsible for any federal disallowances. The county may share this responsibility with
its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under
this section for use in reimbursing the state for costs of developing and implementing this
section.
(h) Payments to counties new text begin and Tribes new text end for targeted case management expenditures under
this section shall only be made from federal earnings from services provided under this
section. Payments to contracted vendors shall include both the federal earnings and the
county share.
(i) Notwithstanding section 256B.041, county new text begin or Tribal new text end payments for the cost of case
management services provided by county new text begin or Tribal new text end staff shall not be made to the
commissioner of management and budget. For the purposes of targeted case management
services provided by county new text begin or Tribal new text end staff under this section, the centralized disbursement
of payments to counties new text begin or Tribes new text end under section 256B.041 consists only of federal earnings
from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
and the recipient's institutional care is paid by medical assistance, payment for targeted case
management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this
section shall be the responsibility of the countiesnew text begin or Tribesnew text end .
(m) The commissioner may make payments for Tribes according to section 256B.0625,
subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
adult and developmental disability targeted case management provided by Indian health
services and facilities operated by a Tribe or Tribal organization.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 30.
Minnesota Statutes 2024, section 256B.0924, subdivision 7, is amended to read:
Subd. 7.
Implementation and evaluation.
The commissioner of human services in
consultation with county boards new text begin and Tribal Nations new text end shall establish a program to accomplish
the provisions of subdivisions 1 to 6. The commissioner in consultation with county boards
new text begin and Tribal Nations new text end shall establish performance measures to evaluate the effectiveness of
the targeted case management services. If a county new text begin or Tribe new text end fails to meet agreed-upon
performance measures, the commissioner may authorize contracted providers other than
the countynew text begin or Tribenew text end . Providers contracted by the commissioner shall also be subject to the
standards in subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 31.
Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 2, is
amended to read:
Subd. 2.
Definitions.
(a) The terms used in this section have the meanings given in this
subdivision.
(b) "Advanced certification" means a person who has completed advanced certification
in an approved modality under subdivision 13, paragraph (b).
(c) "Agency" means the legal entity that is enrolled with Minnesota health care programs
as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide
EIDBI services and that has the legal responsibility to ensure that its employees carry out
the responsibilities defined in this section. Agency includes a licensed individual professional
who practices independently and acts as an agency.
(d) "Autism spectrum disorder or a related condition" or "ASD or a related condition"
means either autism spectrum disorder (ASD) as defined in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found
to be closely related to ASD, as identified under the current version of the DSM, and meets
all of the following criteria:
(1) is severe and chronic;
(2) results in impairment of adaptive behavior and function similar to that of a person
with ASD;
(3) requires treatment or services similar to those required for a person with ASD; and
(4) results in substantial functional limitations in three core developmental deficits of
ASD: social or interpersonal interaction; functional communication, including nonverbal
or social communication; and restrictive or repetitive behaviors or hyperreactivity or
hyporeactivity to sensory input; and may include deficits or a high level of support in one
or more of the following domains:
(i) behavioral challenges and self-regulation;
(ii) cognition;
(iii) learning and play;
(iv) self-care; or
(v) safety.
(e) "Behavior analyst" means an individual licensed under sections 148.9981 to 148.9995
as a behavior analyst.
(f) "Clinical supervision" means the overall responsibility for the control and direction
of EIDBI service delivery, including deleted text begin individual treatment planning,deleted text end staff supervision,new text begin
including observation and direction;new text end individual treatment plannew text begin development andnew text end progress
monitoringdeleted text begin ,deleted text end new text begin ; family training and counseling;new text end and deleted text begin treatment reviewdeleted text end new text begin coordinated care
conference coordinationnew text end for each person. Clinical supervision is provided by a qualified
supervising professional (QSP) who takes full professional responsibility for the service
provided by each supervisee and the clinical effectiveness of all interventions.
(g) "Commissioner" means the commissioner of human services, unless otherwise
specified.
(h) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive
evaluation of a person to determine medical necessity for EIDBI services based on the
requirements in subdivision 5.
(i) "Department" means the Department of Human Services, unless otherwise specified.
(j) "Early intensive developmental and behavioral intervention benefit" or "EIDBI
benefit" means a variety of individualized, intensive treatment modalities approved and
published by the commissioner that are based in behavioral and developmental science
consistent with best practices on effectiveness.
(k) "Employee of an agency" or "employee" means any individual who is employed
temporarily, part time, or full time by the agency that is submitting claims or billing for the
work, services, supervision, or treatment performed by the individual. Employee does not
include an independent contractor, billing agency, or consultant who is not providing EIDBI
services. Employee does not include an individual who performs work, provides services,
supervises, or provides treatment for less than 80 hours in a 12-month period.
(l) "Generalizable goals" means results or gains that are observed during a variety of
activities over time with different people, such as providers, family members, other adults,
and people, and in different environments including, but not limited to, clinics, homes,
schools, and the community.
(m) "Incident" means when any of the following occur:
(1) an illness, accident, or injury that requires first aid treatment;
(2) a bump or blow to the head; or
(3) an unusual or unexpected event that jeopardizes the safety of a person or staff,
including a person leaving the agency unattended.
(n) "Individual treatment plan" or "ITP" means the person-centered, individualized
written plan of care that integrates and coordinates person and family information from the
CMDE for a person who meets medical necessity for the EIDBI benefit. An individual
treatment plan must meet the standards in subdivision 6.
(o) "Legal representative" means the parent of a child who is under 18 years of age, a
court-appointed guardian, or other representative with legal authority to make decisions
about service for a person. For the purpose of this subdivision, "other representative with
legal authority to make decisions" includes a health care agent or an attorney-in-fact
authorized through a health care directive or power of attorney.
(p) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
(q) "Person" means an individual under 21 years of age.
(r) "Person-centered" means a service that both responds to the identified needs, interests,
values, preferences, and desired outcomes of the person or the person's legal representative
and respects the person's history, dignity, and cultural background and allows inclusion and
participation in the person's community.
(s) "Qualified EIDBI provider" means an individual who is a QSP or a level I, level II,
or level III treatment provider.
Sec. 32.
Minnesota Statutes 2025 Supplement, section 256B.0949, subdivision 16, is
amended to read:
Subd. 16.
Agency duties.
(a) An agency delivering an EIDBI service under this section
must:
(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
applicable provider standards and requirements;
(2) designate an individual as the agency's compliance officer who must perform the
duties described in section 256B.04, subdivision 21, paragraph (g);
(3) demonstrate compliance with federal and state laws for the delivery of and billing
for EIDBI service;
(4) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
(5) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
program provider the agency did not have a lead agency contract or provider agreement
discontinued because of a conviction of fraud; or did not have an owner, board member, or
manager fail a state or federal criminal background check or appear on the list of excluded
individuals or entities maintained by the federal Department of Human Services Office of
Inspector General;
(6) have established business practices including written policies and procedures, internal
controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
services, appropriately submit claims, conduct required staff training, document staff
qualifications, document service activities, and document service quality;
(7) have an office located in Minnesota or a border state;
(8) initiate a background study as required under subdivision 16a;
(9) report maltreatment according to section 626.557 and chapter 260E;
(10) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;
(11) provide training for all agency staff on the requirements and responsibilities listed
in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
policy for all staff on how to report suspected abuse and neglect;
(12) have a written policy to resolve issues collaboratively with the person and the
person's legal representative when possible. The policy must include a timeline for when
the person and the person's legal representative will be notified about issues that arise in
the provision of services;
(13) provide the person's legal representative with prompt notification if the person is
injured while being served by the agency. An incident report must be completed by the
agency staff member in charge of the person. A copy of all incident and injury reports must
remain on file at the agency for at least five years from the report of the incident;
(14) before starting a service, provide the person or the person's legal representative a
description of the treatment modality that the person shall receive, including the staffing
certification levels and training of the staff who shall provide a treatment;
(15) provide clinical supervision for a minimum of one hour for every 16 hours of direct
treatment per person, unless otherwise authorized in the person's individual treatment plan;
and
(16) provide new text begin the new text end required EIDBI intervention observation and direction new text begin by a QSP or
Level I provider new text end at least once per month. Notwithstanding subdivision 13, paragraph (l),
required EIDBI intervention observation and direction under this clause may be conducted
via telehealth provided that no more than two consecutive monthly required EIDBI
intervention observation and direction sessions under this clause are conducted via telehealth.
(b) Upon request of the commissioner, an agency delivering services under this section
must:
(1) identify the agency's controlling individuals, as defined under section 245A.02,
subdivision 5a;
(2) provide disclosures of the use of billing agencies and other consultants who do not
provide EIDBI services; and
(3) provide copies of any contracts with consultants or independent contractors who do
not provide EIDBI services, including hours contracted and responsibilities.
(c) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:
(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;
(2) documentation in the person's file the date that the person or the person's legal
representative received a copy and explanation of the person's or person's legal
representative's rights and the agency's responsibilities; and
(3) reasonable accommodations to provide the information in another format or language
as needed to facilitate understanding of the person's or person's legal representative's rights
and the agency's responsibilities.
Sec. 33.
Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Documentation requirements. new text end
new text begin
(a) CMDE and EIDBI providers must ensure
that all documentation, including but not limited to health service records and personnel
files, complies with this subdivision, subdivision 16, and Minnesota Rules, parts 9505.2175
and 9505.2197. Documentation must be complete, legible, accurate, and readily accessible.
new text end
new text begin
(b) All documentation must:
new text end
new text begin
(1) be legible and understandable to individuals outside service delivery;
new text end
new text begin
(2) include the participant's name on each health record page and the provider's name
on each personnel file page;
new text end
new text begin
(3) be signed and dated by the provider completing the documentation, with the provider's
full name, title, and credentials;
new text end
new text begin
(4) be entered within 72 hours of service, and contain a record and explanation of any
delays in entry;
new text end
new text begin
(5) clearly reflect clinical decision-making and support medical necessity;
new text end
new text begin
(6) be securely stored in accordance with the Health Insurance Portability and
Accountability Act (HIPAA), Public Law 104-191;
new text end
new text begin
(7) be stored in accordance with state and federal document retention laws;
new text end
new text begin
(8) be available for review or audit;
new text end
new text begin
(9) include a record of caregiver involvement where applicable; and
new text end
new text begin
(10) include a record of supervision and oversight for staff providing services requiring
supervision under EIDBI policy.
new text end
new text begin
(c) Each EIDBI service occurrence must be documented in a progress note in a manner
and with the information determined by the commissioner.
new text end
new text begin
(d) All providers must maintain current personnel records for each employee in a manner
determined by the commissioner that include:
new text end
new text begin
(1) the employee's name, contact information, and hire date;
new text end
new text begin
(2) the employee's completed employment application and acknowledgment of duties;
new text end
new text begin
(3) the job description for the employee's job with the effective date;
new text end
new text begin
(4) verification of the employee's qualifications, including but not limited to education,
licenses, certifications, enrollment attestation, degrees, transcripts, and experience;
new text end
new text begin
(5) a background check pursuant to chapter 245C;
new text end
new text begin
(6) orientation and required training the employee attended, including but not limited
to training on mandated reporting, cultural responsiveness, and EIDBI competencies;
new text end
new text begin
(7) the dates of the employee's first supervised and unsupervised client contact following
employment;
new text end
new text begin
(8) documentation of supervision received by the employee, including but not limited
to the supervisor's name and credentials, dates of supervision, and supervision content;
new text end
new text begin
(9) the employee's CPR and emergency response training, if required; and
new text end
new text begin
(10) the employee's annual performance evaluations.
new text end
Sec. 34.
Minnesota Statutes 2024, section 256B.4905, subdivision 2a, is amended to read:
Subd. 2a.
Informed choice policy.
(a) It is the policy of this state that all adults who
have disabilities and, with support from their families or legal representatives, that all
children who have disabilities:
(1) may make informed choices to select and utilize disability services and supports;
and
(2) are offered an informed decision-making process sufficient to make informed choices.
(b) It is the policy of this state that disability waivers services support the presumption
that adults who have disabilities and, with support from their families or legal representatives,
all children who have disabilities may make informed choices; and that all adults who have
disabilities and all families of children who have disabilities and are accessing waiver
services under sections 256B.092 and 256B.49 are provided an informed decision-making
process that satisfies the requirements of subdivision 3a.
new text begin
(c) Lead agencies must support individuals in making informed choices by:
new text end
new text begin
(1) providing complete and accurate information about available home and
community-based services and settings;
new text end
new text begin
(2) providing the information in a manner that is culturally and linguistically appropriate;
and
new text end
new text begin
(3) facilitating access to services that reflect the individual's preferences and assessed
needs.
new text end
new text begin
(d) For individuals who are members of or affiliated with a federally recognized Tribal
Nation located within Minnesota, informed choice includes the right to receive services
administered or provided by the individual's Tribal Nation. Lead agencies must:
new text end
new text begin
(1) inform individuals of services offered by Tribal Nations enrolled as Minnesota health
care providers;
new text end
new text begin
(2) directly coordinate with the individual's Tribal Nation human services agency when
the individual seeks or may be eligible for services administered or provided by that Tribal
Nation; and
new text end
new text begin
(3) ensure that service planning and delivery respects the individual's rights as both a
member of a sovereign Tribal Nation and a resident of Minnesota.
new text end
new text begin
(e) County lead agencies and Tribal Nation human services agencies must establish and
maintain procedures to share updated contact information, coordinate case management,
and provide timely referrals necessary to ensure that informed choice is fully exercised.
new text end
new text begin
(f) Nothing in this section limits the sovereignty of Tribal Nations or the authority of
Tribal governments to administer home and community-based services to their members.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 35.
Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 8, is
amended to read:
Subd. 8.
Unit-based services with programming; component values and calculation
of payment rates.
(a) For the purpose of this section, unit-based services with programming
include employment exploration services, employment development services, employment
support services, individualized home supports with family training, individualized home
supports with training, and positive support services provided to an individual outside of
any service plan for a day program or residential support service.
(b) Component values for unit-based services with programming are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 15.5 percent;
(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 6.1 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(c) A unit of service for unit-based services with programming is 15 minutes.
(d) Payments for unit-based services with programming must be calculated as follows,
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:
(1) determine the number of units of service to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of direct staffing hours by the appropriate staff wage;
(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;
(11) this is the subtotal rate;
(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;
(14) for services provided in a shared manner, divide the total payment in clause (13)
as follows:
(i) for employment exploration services, divide by the number of service recipients, not
to exceed five;
(ii) for employment support services, divide by the number of service recipients, not to
exceed six;
(iii) for individualized home supports with training and individualized home supports
with family training, divide by the number of service recipients, not to exceed three; and
(iv) for night supervision, divide by the number of service recipients, not to exceed two;
and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
(e) Effective January 1, 2026, or upon federal approval, whichever is later, a provider
must not bill more than three consecutive hours and not more than six total hours per day
for individualized home supports with training and individualized home supports with family
training. This daily limit does not limit a person's use of other disability waiver services,
including individualized home supports, which may be provided on the same day by the
same provider providing individualized home supports with training or individualized home
supports with family training.new text begin This paragraph expires upon the effective date of paragraph
(f).
new text end
new text begin
(f) Effective January 1, 2027, or upon federal approval, whichever is later, a provider
must not bill more than:
new text end
new text begin
(1) for individualized home supports with training, a monthly unit of service determined
by multiplying 24 units by the total number of days in the month during which service was
provided; and
new text end
new text begin
(2) for individualized home supports with family training, not more than six total hours
per day.
new text end
Sec. 36.
Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 10a, is
amended to read:
Subd. 10a.
Reporting and analysis of cost data.
(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with community partners
identified in subdivision 17, a provider enrolled to provide services with rates determined
under this section must submit requested cost data to the commissioner to support research
on the cost of providing services that have rates determined by the disability waiver rates
system. Requested cost data may include, but is not limited to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5) vacation, sick, and training time paid;
(6) taxes, workers' compensation, and unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) vacancy rates; and
(11) other data relating to costs required to provide services requested by the
commissioner.
(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. new text begin The
commissioner may review report submissions for inaccurate, inconclusive, incomplete, or
otherwise deficient data and may remove the report from submitted status for further
verification. new text end If a provider fails to submit required reporting data, the commissioner shall
provide notice to providers that have not provided required data 30 days after the required
submission date, and a second notice for providers who have not provided required data 60
days after the required submission date. The commissioner shall temporarily suspend
payments to the provider if cost data is not received 90 days after the required submission
date. Withheld payments shall be made once data is received new text begin and reviewed for compliance
new text end by the commissioner.
(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy.new text begin Providers selected to validate cost reports must
respond to the commissioner within 30 days with the requested financial documentation. If
a provider fails to respond to the commissioner with all the requested information within
30 days, the commissioner must temporarily suspend payments. The commissioner must
resume payments once the requested documentation is received. If a provider is unable to
validate the provider's costs with supporting documentation, the commissioner must require
the provider to participate in the random validation the next year that the commissioner
selects providers to report their costs.new text end The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.
(d) The commissioner shall analyze cost data submitted under paragraph (a). The
commissioner shall release cost data in an aggregate form. Cost data from individual
providers must not be released except as provided for in current law.
(e) Beginning January 1, 2029, the commissioner shall use data collected in paragraph
(a) to determine the compliance with requirements identified under subdivision 10d. The
commissioner shall identify providers who have not met the thresholds identified under
subdivision 10d on the Department of Human Services website for the year for which the
providers reported their costs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 37.
Minnesota Statutes 2025 Supplement, section 256B.85, subdivision 7, is amended
to read:
Subd. 7.
Community first services and supports; covered services.
Services and
supports covered under CFSS include:
(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of
daily living (IADLs), and health-related procedures and tasks through hands-on assistance
to accomplish the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to
accomplish activities of daily living, instrumental activities of daily living, or health-related
tasks;
(3) expenditures for items, services, supports, environmental modifications, or goods,
including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan; and
(ii) increase independence or substitute for human assistance, to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;
(4) observation and redirection for behavior or symptoms where there is a need for
assistance;
(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices,
to ensure continuity of the participant's services and supports;
(6) swimming lessons for a participant younger than 12 years of age whose disability
puts the participant at a higher risk of drowning according to the Centers for Disease Control
Vital Statistics System;
(7) services described under subdivision 17 provided by a consultation services provider
meeting the requirements of subdivision 17a;
(8) services provided by an FMS provider as defined under subdivision 13adeleted text begin ,deleted text end that is an
enrolled provider with the department;
(9) CFSS services provided by a support worker who is a parent, stepparent, or legal
guardian of a participant under age 18, or who is the participant's spouse. Covered services
under this clause are subject to the limitations described in subdivision 7b; deleted text begin and
deleted text end
new text begin
(10) shared services meeting the shared service requirements of this section; and
new text end
deleted text begin (10)deleted text end new text begin (11) new text end worker training and development services as described in subdivision 18a.
Sec. 38.
Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision
to read:
new text begin Subd. 7c. new text end
new text begin Shared services under the agency-provider model. new text end
new text begin
(a) The commissioner
shall authorize shared service arrangements if the commissioner determines that a shared
service arrangement is appropriate to meet all the participants' needs and sufficient to
maintain the participants' health and safety. The commissioner must include a decision
regarding authorization of shared services during the process of authorizing CFSS under
subdivision 8. The commissioner must not reduce the total number of authorized units for
a participant who elects to receive shared services.
new text end
new text begin
(b) An agency-provider must offer a participant or the participant's representative the
option of shared services, one-on-one services, or a combination of both shared services
and one-on-one services when shared services are authorized by the commissioner. The
option of shared services may be elected at the sole discretion of either the participant or
the participant's representative. The participant or the participant's representative may
withdraw from participating in a shared service arrangement at any time.
new text end
Sec. 39.
Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision
to read:
new text begin Subd. 7d. new text end
new text begin Shared service rates under the agency-provider model. new text end
new text begin
The commissioner
shall provide a rate system for shared services. For two participants sharing services, the
rate paid to an agency-provider for the shared services must not exceed one and one-half
times the rate paid for serving a single participant. For three participants sharing services,
the rate paid to an agency-provider for the shared services must not exceed twice the rate
paid for serving a single participant. These rates apply only when all criteria for shared
services are met.
new text end
Sec. 40.
Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision
to read:
new text begin Subd. 7e. new text end
new text begin Pass-through for shared services under the agency-provider model. new text end
new text begin
(a)
Of the additional revenue for shared services provided to two participants, the
agency-provider must use 95 percent for the purposes specified in paragraph (b). Of the
additional revenue for shared services provided to three participants, the agency-provider
must use 95 percent for the purposes specified in paragraph (b).
new text end
new text begin
(b) An agency-provider must use the percentages of additional revenue for shared services
specified in paragraph (a) for the wages and wage-related costs of the support worker
providing the shared services. The agency-provider must not use additional revenue for
shared services to pay for mileage reimbursements, uniform allowances, health and dental
insurance, life insurance, disability insurance, long-term care insurance, contributions to
employee retirement accounts when the contribution is not a function of wages, or any other
employee benefits.
new text end
Sec. 41.
Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision
to read:
new text begin Subd. 7f. new text end
new text begin Shared services under the budget model. new text end
new text begin
(a) A participant who intends to
elect shared services under the budget model, or the participant's representative, must include
a statement of this intention in the CFSS service delivery plan, must develop a plan for
shared services when developing or amending the CFSS service delivery plan, and must
follow the CFSS process for approval of the plan as required under subdivision 6.
new text end
new text begin
(b) The commissioner shall authorize shared service arrangements if the commissioner
determines that a shared service arrangement is appropriate to meet all the participants'
needs and sufficient to maintain the participants' health and safety. The commissioner must
include a decision regarding authorization of shared services during the process of authorizing
CFSS under subdivision 8. The commissioner must not reduce the total authorized dollar
amount available to a participant who elects to receive shared services.
new text end
new text begin
(c) The participants, or participants' representatives as needed, who elect to share services
under the budget model must jointly develop a shared service agreement with the support
of the participants' representatives as needed. Any participant or any participant's
representative may at any time withdraw from participating in a shared service agreement.
new text end
new text begin
(d) The commissioner must develop and publish recommendations for negotiating wages
for support workers providing shared services under the budget model.
new text end
Sec. 42.
Minnesota Statutes 2024, section 256B.85, is amended by adding a subdivision
to read:
new text begin Subd. 7g. new text end
new text begin Pass-through for shared services under the budget model. new text end
new text begin
(a) Of the budget
savings for shared services provided to two participants, the participant employer must use
95 percent for the purposes specified in paragraph (b). Of the budget savings for shared
services provided to three participants, the participant provider must use 95 percent for the
purposes specified in paragraph (b).
new text end
new text begin
(b) A participant employer must use the percentages of budget savings for shared services
specified in paragraph (a) for the wages and wage-related costs of the support worker
providing the shared services. The participant employer must not use budget savings for
shared services to pay for mileage reimbursements, uniform allowances, health and dental
insurance, life insurance, disability insurance, long-term care insurance, contributions to
employee retirement accounts when the contribution is not a function of wages, or any other
employee benefits.
new text end
Sec. 43.
new text begin
[256B.8502] COMMUNITY FIRST SERVICES AND SUPPORTS;
DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of this section and sections 256B.85 and
256B.851, the terms in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Additional revenue for shared services. new text end
new text begin
"Additional revenue for shared
services" means the difference between the rate paid to an agency-provider for serving a
single participant and the sum of the rates paid to a personal care assistance provider agency
for shared services provided to more than one recipient.
new text end
new text begin Subd. 3. new text end
new text begin Budget savings for shared services. new text end
new text begin
"Budget savings for shared services"
means the difference between the wages and wage-related costs paid by a participant
employer to a support worker providing one-on-one service to the participant employer and:
new text end
new text begin
(1) for two-to-one shared services, three-quarters of the wages and wage-related costs
paid by a participant employer to a support worker providing one-on-one service; or
new text end
new text begin
(2) for three-to-one shared services, two-thirds of the wages and wage-related costs paid
by a participant employer to a support worker providing one-on-one service.
new text end
new text begin Subd. 4. new text end
new text begin Wages and wage-related costs. new text end
new text begin
"Wages and wage-related costs" means
increased wages and any corresponding increase in the employer's or participant employer's
share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers'
compensation premiums, and contributions to employee retirement accounts when the
contribution is a function of wages.
new text end
Sec. 44.
Minnesota Statutes 2024, section 256B.851, subdivision 8, is amended to read:
Subd. 8.
Personal care provider agency; required reporting of cost data; training.
(a)
As determined by the commissioner and in consultation with stakeholders, agencies enrolled
to provide services with rates determined under this section must submit requested cost data
to the commissioner. The commissioner may request cost data, including but not limited
to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5) vacation, sick, and training time paid;
(6) taxes, workers' compensation, and unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) staff vacancy rates; and
(11) other data relating to costs required to provide services requested by the
commissioner.
(b) At least once in any three-year period, a provider must submit the required cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner must provide each provider a 90-day notice prior to its submission due date.
new text begin The commissioner may review report submissions for inaccurate, inconclusive, incomplete,
or otherwise deficient data and may remove the report from submitted status for further
verification. new text end If a provider fails to submit required cost data, the commissioner must provide
notice to a provider that has not provided required cost data 30 days after the required
submission date and a second notice to a provider that has not provided required cost data
60 days after the required submission date. The commissioner must temporarily suspend
payments to a provider if the commissioner has not received required cost data 90 days after
the required submission date. The commissioner must make withheld payments when the
required cost data is received new text begin and reviewed for compliance new text end by the commissioner.
(c) The commissioner must conduct a random validation of data submitted under this
subdivision to ensure data accuracy. new text begin A provider selected to validate the provider's cost
reports must respond to the commissioner within 30 days with the requested financial
documentation. If a provider fails to respond to the commissioner with the requested
information within 30 days, the commissioner must temporarily suspend payments. The
commissioner must resume payments once the requested documentation is received. If a
provider is unable to validate the provider's costs with supporting documentation, the
commissioner must require the provider to participate in the random validation the next
year that the commissioner selects providers to report their costs. new text end The commissioner shall
analyze cost documentation in paragraph (a) and provide recommendations for adjustments
to cost components.
(d) The commissioner, in consultation with stakeholders, must develop and implement
a process for providing training and technical assistance necessary to support provider
submission of cost data required under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 45.
Minnesota Statutes 2024, section 256L.03, subdivision 1, is amended to read:
Subdivision 1.
Covered health services.
(a) "Covered health services" means the health
services reimbursed under chapter 256B, with the exception of special education services,
home care nursing services, nonemergency medical transportation services, personal care
assistance and case management services, community first services and supports under
section 256B.85, behavioral health home services under section 256B.0757, deleted text begin housing
stabilization services under section 256B.051,deleted text end and nursing home or intermediate care facilities
services.
(b) Covered health services shall be expanded as provided in this section.
(c) For the purposes of covered health services under this section, "child" means an
individual younger than 19 years of age.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46.
Minnesota Statutes 2024, section 256R.481, is amended to read:
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 deleted text begin case mix classification PA1deleted text end new text begin the lowest case mix
classification in effectnew text end 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 deleted text begin case mix classification PA1deleted text end new text begin the lowest case mix classification in effectnew text end as determined
under section 256R.22, subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2026, and
applies to rate years beginning on or after January 1, 2026.
new text end
Sec. 47.
Minnesota Statutes 2024, section 256S.205, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
(b) "Application year" means a year in which a facility submits an application for
designation as a disproportionate share facility.
(c) "Customized living resident" means a resident of a facility who is receiving either
24-hour customized living services or customized living services authorized under the
elderly waiver, the brain injury waiver, or the community access for disability inclusion
waiver.new text begin Effective August 31, 2026, a resident who experiences an interruption to waiver
benefits resulting from a temporary absence from the facility is a customized living resident
during the period of the temporary absence for purposes of this section.
new text end
(d) "Disproportionate share facility" means a facility designated by the commissioner
under subdivision 4.
(e) "Facility" means either an assisted living facility licensed under chapter 144G or a
setting that is exempt from assisted living licensure under section 144G.08, subdivision 7,
clauses (10) to (13).
(f) "Rate year" means January 1 to December 31 of the year following an application
year.
new text begin
(g) "Residing in the facility" means that the facility is the resident's fixed permanent
home and the place to which the resident intends to return following a temporary absence.
new text end
Sec. 48.
Minnesota Statutes 2025 Supplement, section 256S.205, subdivision 2, is amended
to read:
Subd. 2.
Rate adjustment application.
(a) Effective through September 30, 2023, a
facility may apply to the commissioner for an initial designation as a disproportionate share
facility. Applications must be submitted annually between September 1 and September 30.
The applying facility must apply in a manner determined by the commissioner. The applying
facility must document each of the following on the application:
(1) the number of customized living residentsnew text begin residingnew text end in the facility on September 1 of
the application year, broken out by specific waiver program; and
(2) the total number of people residing in the facility on September 1 of the application
year.
(b) Effective October 1, 2023, the commissioner must not process any new initial
applications for disproportionate share facilities.
(c) A facility that received rate floor payments in rate year 2024 may submit an annual
application under this subdivision to maintain its designation as a disproportionate share
facility.
Sec. 49.
Minnesota Statutes 2024, section 256S.21, subdivision 3, is amended to read:
Subd. 3.
Cost reporting.
(a) As determined by the commissioner, in consultation with
stakeholders, a provider enrolled to provide services with rates determined under this chapter
must submit requested cost data to the commissioner to support evaluation of the rate
methodologies in this chapter. Requested cost data may include but are not limited to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5) vacation, sick, and training time paid;
(6) taxes, workers' compensation, and unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) vacancy rates; and
(11) other data relating to costs required to provide services requested by the
commissioner.
(b) At least once in any five-year period, a provider must submit new text begin the required new text end cost data
for a fiscal year that ended not more than 18 months prior to the submission date. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide each provider a 90-day notice prior to the provider's
submission due date. new text begin The commissioner may review report submissions for inaccurate,
inconclusive, incomplete, or otherwise deficient data and may remove the report from
submitted status for further verification. new text end If by 30 days after the required submission date a
provider fails to submit required reporting data, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide notice
to the providerdeleted text begin , anddeleted text end new text begin .new text end If by 60 days after the required submission date a provider has not
provided the required data, the commissioner deleted text begin shalldeleted text end new text begin must new text end provide a second notice. The
commissioner deleted text begin shalldeleted text end new text begin mustnew text end temporarily suspend payments to deleted text begin thedeleted text end new text begin anew text end provider if new text begin the commissioner
has not received the required new text end cost data deleted text begin is not receiveddeleted text end 90 days after the required submission
datenew text begin or 90 days after the Department of Human Services requests updated datanew text end . new text begin The
commissioner must make new text end withheld payments deleted text begin must be made once data is receiveddeleted text end new text begin when the
required cost data is received and reviewed for compliancenew text end by the commissioner.
(c) The commissioner shall coordinate the cost reporting activities required under this
section with the cost reporting activities directed under section 256B.4914, subdivision 10a.
(d) The commissioner shall analyze cost documentation in paragraph (a) and, in
consultation with stakeholders, may submit recommendations on rate methodologies in this
chapter, including ways to monitor and enforce the spending requirements directed in section
deleted text begin 256S.2101, subdivision 3,deleted text end new text begin 256S.211, subdivision 4,new text end through the reports directed by
subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 50.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Adult protective services. new text end
new text begin
Adult protective services must receive referrals
from the common entry point and carry out lead investigative agency duties to investigate
for a determination of responsibility for maltreatment. When the county social services
agency is the lead investigative agency, or when the Department of Human Services or
Department of Health in the role of the lead investigative agency request adult protective
services, adult protective services must conduct assessments, develop services plans, and
implement interventions to safeguard adults who are vulnerable and suspected of experiencing
maltreatment. Adult protective services must conclude services following final determination
of maltreatment and the adult is assessed as safe. The Department of Human Services is the
state agency responsible for supervision of adult protective services administered by county
social services agencies.
new text end
Sec. 51.
Minnesota Statutes 2024, section 626.557, subdivision 9, is amended to read:
Subd. 9.
Common entry point designation.
(a) The commissioner of human services
shall establish a common entry point. The common entry point is the unit responsible for
receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to deleted text begin take callsdeleted text end new text begin accept
reports new text end from reporters of suspected maltreatmentnew text begin and make required referrals for suspected
maltreatment of a vulnerable adultnew text end . The common entry point shall use a standard intake
form that includes:
(1) the time and date of the report;
(2) the name, relationship, and identifying and contact information for the person believed
to be a vulnerable adult and the individual or facility alleged responsible for maltreatment;
(3) the name, relationship, and contact information for the:
(i) reporter;
(ii) initial reporter, witnesses, and persons who may have knowledge about the
maltreatment; and
(iii) legal surrogate and persons who may provide support to the vulnerable adult;
(4) the basis of vulnerability for the vulnerable adult;
(5) the time, date, and location of the incident;
(6) the immediate safety risk to the vulnerable adult;
(7) a description of the suspected maltreatment;
(8) the impact of the suspected maltreatment on the vulnerable adult;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) the actions taken to protect the vulnerable adult;
(11) the required notifications and referrals made by the common entry point; and
(12) whether the reporter wishes to receive notification of the disposition.
(c) The common entry point is not required to complete each item on the form prior to
dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency any
incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative agency,
those agencies shall take the report on the appropriate common entry point intake forms
and immediately forward a copy to the common entry point.
(f) The common entry point staff must receive training on how to screen and dispatch
reports efficiently and in accordance with this section.
(g) The commissioner of human services shall maintain a centralized database for the
collection of common entry point data, lead investigative agency data including maltreatment
report disposition, and appeals data. The common entry point shall have access to the
centralized database and must log the reports into the database.
(h) When appropriate, the common entry point staff must refer calls that do not allege
the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might
resolve the reporter's concerns.
(i) A common entry point must be operated in a manner that enables the commissioner
of human services to:
(1) track critical steps in the reporting, evaluation, referral, response, disposition, and
investigative process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for monitoring
patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect, or
exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) track and manage consumer complaints related to the common entry point.
(j) The commissioners of human services and health shall collaborate on the creation of
a system for referring reports to the lead investigative agencies. This system shall enable
the commissioner of human services to track critical steps in the reporting, evaluation,
referral, response, disposition, investigation, notification, determination, and appeal processes.
Sec. 52.
Minnesota Statutes 2024, section 626.557, subdivision 9a, is amended to read:
Subd. 9a.
Evaluation and referral of reports made to common entry point.
(a) The
common entry point must screen the reports of alleged or suspected maltreatment for
immediate risk and make all necessary referrals deleted text begin as followsdeleted text end new text begin using the referral guidelines
established by the commissioner and the followingnew text end :
(1) if the common entry point determines that there is an immediate need for emergency
adult protective services, the common entry point agency shall immediately notify the
appropriate county agency;
(2) if the report contains suspected criminal activity against a vulnerable adult, the
common entry point shall immediately notify the appropriate law enforcement agency;
(3) the common entry point shall refer all reports of alleged or suspected maltreatment
to the appropriate lead investigative agency as soon as possible, but in any event no longer
than two working days;
(4) if the report contains information about a suspicious death, the common entry point
shall immediately notify the appropriate law enforcement agencies, the local medical
examiner, and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement agencies shall coordinate with the local medical
examiner and the ombudsman as provided by law; and
(5) for reports involving multiple locations or changing circumstances, the common
entry point shall determine the county agency responsible for emergency adult protective
services and the county responsible as the lead investigative agencydeleted text begin , using referral guidelines
established by the commissionerdeleted text end .
(b) If the lead investigative agency receiving a report believes the report was referred
by the common entry point in error, the lead investigative agency shall immediately notify
the common entry point of the error, including the basis for the lead investigative agency's
belief that the referral was made in error. The common entry point shall review the
information submitted by the lead investigative agency and immediately refer the report to
the appropriate lead investigative agencynew text begin using the referral guidelines established by the
commissionernew text end .
Sec. 53.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11b. new text end
new text begin County social services agency; responsibilities. new text end
new text begin
The county social services
agency is responsible for supervision of:
new text end
new text begin
(1) intake decisions for initial disposition of the report;
new text end
new text begin
(2) agency prioritization used to screen out an adult meeting eligibility for adult protective
services as vulnerable and maltreated;
new text end
new text begin
(3) safety, assessment, and services plans;
new text end
new text begin
(4) protective service interventions;
new text end
new text begin
(5) use of guardianship and other involuntary interventions;
new text end
new text begin
(6) final determination for maltreatment; and
new text end
new text begin
(7) case closure decisions.
new text end
Sec. 54.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11c. new text end
new text begin County social services agency; referrals. new text end
new text begin
(a) When the common entry point
refers a report to the county social services agency as the lead investigative agency or makes
a referral to the county social services agency for emergency adult protective services, or
when another lead investigative agency requests adult protective services from the county
social services agency for an adult referred to that lead investigative agency by the common
entry point, the county social services agency must use the data report system and
standardized decision and assessment tools provided by the commissioner of human services.
The information entered by the county social services agency into the data system and
standardized tools must be accessible to the Department of Human Services for the
department to meet federal requirements, evaluate consistent application of policy, review
quality of services and outcomes for adults, and meet requirements for background studies
and disqualification of individuals determined responsible for vulnerable adult maltreatment
under chapter 245C.
new text end
new text begin
(b) The county social services agency must screen the report using the standardized tools
provided by the commissioner to determine:
new text end
new text begin
(1) whether the referred adult meets adult protective services eligibility as potentially
vulnerable and maltreated under this section; and
new text end
new text begin
(2) the response time required to initiate adult protective services.
new text end
new text begin
(c) For reports referred by the common entry point for emergency adult protective
services, the county social services agency must immediately screen the report to determine
whether the adult should be accepted for emergency adult protective services. If the adult
is accepted for emergency adult protective services, the county social services agency must
immediately offer protective services to prevent further maltreatment and safeguard the
welfare of the vulnerable adult. Assessment of adults accepted by the county social services
agency for emergency protective services must be conducted in person by the agency or a
designee within 24 hours of the agency receiving the referral. When sexual or physical
abuse is suspected, the county social services agency must immediately arrange for and
make available to the vulnerable adult appropriate medical examination and services.
new text end
new text begin
(d) For reports referred by the common entry point to the county as lead investigative
agency, the county social services agency must screen the report and make an initial
determination within seven calendar days following receipt of the report from the common
entry point on whether the adult should be accepted for adult protective services.
new text end
new text begin
(e) For referrals made for adult protective services by the Department of Human Services
or the Department of Health in the applicable department's role as the lead investigative
agency responsible for reports made under this section, the county social services agency
must screen the report and determine within seven calendar days following receipt of referral
whether the adult should be accepted for adult protective services.
new text end
new text begin
(f) If an adult meets eligibility requirements but is not accepted for adult protective
services based on local agency prioritization, the agency must document the reason for the
screening decision in the standardized tool provided by the commissioner.
new text end
Sec. 55.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11d. new text end
new text begin County social services agency; assessments. new text end
new text begin
(a) For adults accepted into
adult protective services, the county social services agency must decide, prior to initiation
of assessment activities, if the agency must also conduct an investigation for final disposition
for responsibility of maltreatment in addition to the assessment for adult protective services.
new text end
new text begin
(b) The county social services agency must conduct assessments concurrently with
investigations when: (1) the county is both the lead investigative agency and responsible
for making a final determination of responsibility for maltreatment; or (2) another lead
investigative agency responsible for the final determination of maltreatment requests
assistance from the county social services agency.
new text end
new text begin
(c) The county social services agency must conduct an in-person assessment to initiate
adult protective services:
new text end
new text begin
(1) within 24 hours of accepting a referral for emergency protective services;
new text end
new text begin
(2) within 24 hours of making an initial disposition that the adult is in immediate need
of protection, unless an in-person response would endanger the safety of the adult; or
new text end
new text begin
(3) within 72 hours but in no instance later than seven calendar days from the first
business day after receiving the report for adults accepted for adult protective services.
new text end
new text begin
(d) The county social services agency must use the standardized decision, assessment,
and service planning tools provided by the commissioner with all vulnerable adults accepted
for adult protective services. The county social services agency must involve the vulnerable
adult in the assessment and service plan. The county social services agency must document
and update assessment and service plans consistent with significant changes in the vulnerable
adult's health and safety.
new text end
new text begin
(e) The county social services agency must notify the vulnerable adult and, if applicable,
the guardian or health care agent of the vulnerable adult of the results of the assessment and
service plan, including but not limited to recommendations for protective services intervention
to stop or prevent maltreatment and to protect the vulnerable adult's health, safety, and
comfort. When necessary to prevent further maltreatment or safeguard the vulnerable adult,
the county social services agency may share the results of the assessment with the vulnerable
adult's primary supports.
new text end
Sec. 56.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11e. new text end
new text begin County social services agency; investigations. new text end
new text begin
(a) The county social services
agency must investigate for a final disposition of responsibility for maltreatment for an
allegation of:
new text end
new text begin
(1) abuse;
new text end
new text begin
(2) financial abuse by a fiduciary;
new text end
new text begin
(3) financial exploitation involving a nonfiduciary that may be criminal or that involved
force, coercion, harassment, deception, fraud, undue influence, or a scam;
new text end
new text begin
(4) financial exploitation that involved another type of maltreatment;
new text end
new text begin
(5) caregiver neglect by a paid caregiver or personal care assistance provider under
chapter 256B;
new text end
new text begin
(6) caregiver neglect by an unpaid caregiver that resulted in intentional harm to the
vulnerable adult or involved another type of maltreatment; and
new text end
new text begin
(7) a situation for which the county social services agency finds that a determination of
responsibility of maltreatment may safeguard a vulnerable adult or prevent further
maltreatment.
new text end
new text begin
(b) The county social services agency must conduct an investigation for final disposition
of responsibility for maltreatment if the agency receives information during an assessment
that indicates the presence of any scenario listed in paragraph (a) or subdivision 11f.
new text end
Sec. 57.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11f. new text end
new text begin County social services agency; self-neglect. new text end
new text begin
(a) The county social services
agency may determine that an allegation that does not result in a determination of
responsibility for maltreatment is:
new text end
new text begin
(1) self-neglect;
new text end
new text begin
(2) neglect by an unpaid caregiver that did not result in intentional harm to the vulnerable
adult and did not involve another type of alleged maltreatment; or
new text end
new text begin
(3) financial exploitation by a nonfiduciary that is consistent with the choice of the adult
and not criminal or involving force, coercion, harassment, deception, fraud, undue influence,
a scam, or another type of alleged maltreatment.
new text end
new text begin
(b) An allegation of self-neglect is a substantiated determination if the county social
services agency determines that adult protective services are needed.
new text end
Sec. 58.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11g. new text end
new text begin County social services agency; initial contact. new text end
new text begin
(a) At the initial contact
with the vulnerable adult accepted by the county social services agency, the agency must
provide the vulnerable adult with information about the process for adult protective services
and the vulnerable adult's rights as an adult protective client.
new text end
new text begin
(b) At initial contact, the county social services agency must inform the individual or
entity alleged responsible for maltreatment of the allegation in a manner consistent with
requirements under this section to protect the identity of the reporter. The interview with
the individual or entity alleged responsible for maltreatment may be postponed at the request
of a law enforcement agency or if the interview may endanger the safety of the vulnerable
adult.
new text end
Sec. 59.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11h. new text end
new text begin County social services agency; agency authority. new text end
new text begin
(a) A county social
services agency may enter all facilities and business premises of a licensed provider to
inspect and copy records as part of an adult protective services assessment or investigation.
The licensed provider must provide the county social services agency access to not public
data as defined in section 13.02, subdivision 8a, and medical records under sections 144.291
to 144.298 that are maintained at the facilities and business premises to the extent that the
data and records are necessary to conduct the agency's investigation. The licensed provider
must provide the county social services agency access to all available sources of information
at the facilities and business premises, not only written records.
new text end
new text begin
(b) When necessary in order to protect a vulnerable adult from serious harm from
maltreatment, the county social services agency may seek any of the following protective
services interventions:
new text end
new text begin
(1) emergency protective services;
new text end
new text begin
(2) participation of law enforcement or emergency medical services;
new text end
new text begin
(3) authority from a court to remove an adult from the situation in which maltreatment
occurred;
new text end
new text begin
(4) a restraining order or court order for removal of the perpetrator from the residence
of the vulnerable adult pursuant to section 518B.01;
new text end
new text begin
(5) a referral for a financial transaction hold under chapter 45A or a protective
arrangement under this chapter or chapter 524;
new text end
new text begin
(6) a referral for a representative payee;
new text end
new text begin
(7) a referral to the prosecuting attorney for possible criminal prosecution of the
perpetrator under chapter 609;
new text end
new text begin
(8) the appointment or replacement of a guardian or conservator pursuant to sections
524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A when
maltreatment has been substantiated and when less restrictive interventions are not sufficient
to stop or reduce the risk of serious harm from maltreatment; and
new text end
new text begin
(9) other interventions recommended by a multidisciplinary team under this section.
new text end
new text begin
(c) The county social services agency may seek the protective services interventions
under paragraph (b) regardless of the vulnerable adult's voluntary or involuntary participation.
new text end
new text begin
(d) The county social services agency may offer voluntary service interventions to
support the vulnerable adult or primary supports to stop, reduce the risk for, or prevent
subsequent maltreatment.
new text end
Sec. 60.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11i. new text end
new text begin County social services agency; legal intervention. new text end
new text begin
(a) In proceedings under
sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to
petition for guardianship or conservatorship, a county employee must present the petition
with representation by the county attorney. The county must contract with or arrange for a
suitable person or organization to provide ongoing guardianship services. If the county
presents evidence to the court exercising probate jurisdiction that the county has made
diligent effort and no other suitable person can be found, a county employee may serve as
guardian or conservator.
new text end
new text begin
(b) The county must not retaliate against the employee for any action taken on behalf
of the person subject to guardianship or conservatorship, even if the action is adverse to the
county's interests. Any person retaliated against in violation of this subdivision shall have
a cause of action against the county and is entitled to reasonable attorney fees and costs of
the action if the action is upheld by the court.
new text end
new text begin
(c) The expenses of a legal intervention must be paid by the county in the case of indigent
persons under section 524.5-502 and chapter 563.
new text end
Sec. 61.
Minnesota Statutes 2024, section 626.557, is amended by adding a subdivision
to read:
new text begin Subd. 11j. new text end
new text begin County social services agency; conflict of interest. new text end
new text begin
(a) A county that
identifies a potential conflict of interest under paragraph (c) related to an investigation,
assessment, or protective services intervention must coordinate with another county social
services agency to delegate the initial county's authority as the lead investigative agency to
remediate the potential conflict. County social services agencies must cooperate and accept
jurisdiction when an initial county social services agency identifies a potential conflict of
interest and requests the other county's assistance.
new text end
new text begin
(b) The initial county must notify the commissioner of human services when no other
county is available to accept delegation of adult protective services duties. If the
commissioner is notified that no other county is available, the commissioner may use the
authority under subdivision 9a to determine the county social services agency responsible
as lead investigative agency and for adult protective services.
new text end
new text begin
(c) A county social services agency employee or designee must not have:
new text end
new text begin
(1) a personal or family relationship with a party in the investigation or assessment;
new text end
new text begin
(2) a dual relationship, as defined in Code of Federal Regulations, title 45, section
1324.401, with the vulnerable adult;
new text end
new text begin
(3) a personal financial interest or financial relationship with a provider receiving referrals
from the employee; or
new text end
new text begin
(4) any other appearance of conflict of interest as determined by the county social services
agency.
new text end
Sec. 62.
Minnesota Statutes 2024, section 626.557, subdivision 12b, is amended to read:
Subd. 12b.
Data management.
(a) In performing any of the duties of this section as a
lead investigative agency, the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency shall maintain appropriate
records. Data collected by the county social deleted text begin servicedeleted text end new text begin servicesnew text end agency under this section while
providing adult protective services are welfare data under section 13.46. Investigative data
collected under this section are confidential data on individuals or protected nonpublic data
as defined under section 13.02. Notwithstanding section 13.46, subdivision 1, paragraph
(a), data under this paragraph that are inactive investigative data on an individual who is a
vendor of services are private data on individuals, as defined in section 13.02. The identity
of the reporter may only be disclosed as provided in paragraph (c).
Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163, the
common entry point shall maintain data for three calendar years after date of receipt and
then destroy the data unless otherwise directed by federal requirements.
(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section. County
social deleted text begin servicedeleted text end new text begin servicesnew text end agencies must maintain private data on individuals but are not required
to prepare an investigation memorandum. During an investigation by the commissioner of
health or the commissioner of human services, data collected under this section are
confidential data on individuals or protected nonpublic data as defined in section 13.02.
Upon completion of the investigation, the data are classified as provided in clauses (1) to
(3) and paragraph (c).
(1) The investigation memorandum must contain the following data, which are public:
(i) the name of the facility investigated;
(ii) a statement of the nature of the alleged maltreatment;
(iii) pertinent information obtained from medical or other records reviewed;
(iv) the identity of the investigator;
(v) a summary of the investigation's findings;
(vi) statement of whether the report was found to be substantiated, inconclusive, false,
or that no determination will be made;
(vii) a statement of any action taken by the facility;
(viii) a statement of any action taken by the lead investigative agency; and
(ix) when a lead investigative agency's determination has substantiated maltreatment, a
statement of whether an individual, individuals, or a facility were responsible for the
substantiated maltreatment, if known.
The investigation memorandum must be written in a manner which protects the identity
of the reporter and of the vulnerable adult and may not contain the names or, to the extent
possible, data on individuals or private data listed in clause (2).
(2) Data on individuals collected and maintained in the investigation memorandum are
private data, including:
(i) the name of the vulnerable adult;
(ii) the identity of the individual alleged to be the perpetrator;
(iii) the identity of the individual substantiated as the perpetrator; and
(iv) the identity of all individuals interviewed as part of the investigation.
(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.
(c) The name of the reporter must be confidential. The subject of the report may compel
disclosure of the name of the reporter only with the consent of the reporter or upon a written
finding by a court that the report was false and there is evidence that the report was made
in bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure, except that where the identity of the reporter is relevant
to a criminal prosecution, the district court shall do an in-camera review prior to determining
whether to order disclosure of the identity of the reporter.
(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services new text begin and county adult protective services new text end must be
maintained under the following schedule and then destroyed unless otherwise directed by
federal requirements:
(1) data from reports determined to be false, maintained for three years after the finding
was madenew text begin for reports under the jurisdiction of the Department of Human Services or the
Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;
(2) data from reports determined to be inconclusive, maintained for four years after the
finding was madenew text begin for reports under the jurisdiction of the Department of Human Services
or the Department of Health and five years after the finding was made for reports under the
jurisdiction of county adult protective servicesnew text end ;
(3) data from reports determined to be substantiated, maintained for seven years after
the finding was made; and
(4) data from reports which were not investigated by a lead investigative agency and for
which there is no final disposition, maintained for three years from the date of the reportnew text begin
for reports under the jurisdiction of the Department of Human Services or the Department
of Health and five years from the date of the report for reports under the jurisdiction of
county adult protective servicesnew text end .
(e) The commissioners of health and human services shall annually publish on their
websites the number and type of reports of alleged maltreatment involving licensed facilities
reported under this section, the number of those requiring investigation under this section,
and the resolution of those investigations.
deleted text begin
(f) Each lead investigative agency must have a record retention policy.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Lead investigative agencies, county agencies responsible for adult protective
services, prosecuting authorities, and law enforcement agencies may exchange not public
data, as defined in section 13.02, with a tribal agency, facility, service provider, vulnerable
adult, primary support person for a vulnerable adult, new text begin emergency management service,
financial institution, medical examiner, new text end state licensing board, federal or state agency, the
ombudsman for long-term care, or the ombudsman for mental health and developmental
disabilities, if the agency or authority providing the data determines that the data are pertinent
and necessary to prevent further maltreatment of a vulnerable adult, to safeguard a vulnerable
adult, or for an investigation under this section. Data collected under this section must be
made available to prosecuting authorities and law enforcement officials, local county
agencies, new text begin the commissioner of human services as the state Medicaid agency, new text end and licensing
agencies investigating the alleged maltreatment under this section. The lead investigative
agency shall exchange not public data with the vulnerable adult maltreatment review panel
established in section 256.021 if the data are pertinent and necessary for a review requested
under that section. Notwithstanding section 138.17, upon completion of the review, not
public data received by the review panel must be destroyed.
deleted text begin (h)deleted text end new text begin (g)new text end Each lead investigative agency shall keep records of the length of time it takes
to complete its investigations.
deleted text begin (i)deleted text end new text begin (h)new text end A lead investigative agency may notify other affected parties and their authorized
representative if the lead investigative agency has reason to believe maltreatment has occurred
and determines the information will safeguard the well-being of the affected parties or dispel
widespread rumor or unrest in the affected facility.
deleted text begin (j)deleted text end new text begin (i)new text end Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead investigative agency may
not provide any notice unless the vulnerable adult has consented to disclosure in a manner
which conforms to federal requirements.
new text begin
(j) When a county agency acting as the lead investigative agency is aware the person
determined responsible for maltreatment is a guardian or conservator appointed under
chapter 524, the county agency must share the final determination with the Minnesota
Judicial Branch within 14 calendar days of the determination.
new text end
Sec. 63.
Minnesota Statutes 2024, section 626.5572, subdivision 2, is amended to read:
Subd. 2.
Abuse.
"Abuse" means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate,
or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this section,
which produces or could reasonably be expected to produce physical pain or injury or
emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable
adult;
(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable
adult or the treatment of a vulnerable adult which would be considered by a reasonable
person to be disparaging, derogatory, humiliating, harassing, or threatening; or
(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adult unless authorized under applicable licensing requirements or Minnesota Rules, chapter
9544.
new text begin
(c) Any contact with the vulnerable adult that is not therapeutic conduct and a reasonable
person would consider a sexual act or any nonconsensual sexual interaction with the
vulnerable adult, including but not limited to:
new text end
new text begin
(1) making, viewing, or sharing sexual images or videos with or of the vulnerable adult;
and
new text end
new text begin
(2) using oral, written, gestured, or electronic communication that is sexually harassing,
including but not limited to unwelcome sexual advances or requests for sexual favors.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Any sexual contact or penetration as defined in section 609.341, between a facility
staff person or a person providing services in the facility and a resident, patient, or client
of that facility.
deleted text begin (d)deleted text end new text begin (e)new text end The act of forcing, compelling, coercing, or enticing a vulnerable adult against
the vulnerable adult's will to perform services for the advantage of another.
deleted text begin (e)deleted text end new text begin (f)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section
253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority
and within the boundary of reasonable medical practice, to any therapeutic conduct, including
any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition
of the vulnerable adult or, where permitted under law, to provide nutrition and hydration
parenterally or through intubation. This paragraph does not enlarge or diminish rights
otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
deleted text begin (f)deleted text end new text begin (g)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult.
deleted text begin (g)deleted text end new text begin (h)new text end For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.
Sec. 64.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Adult protective services. new text end
new text begin
"Adult protective services" means an adult
protection program administered by a county social services agency under the authority of
the agency's governing body or delegated to a Tribal government by the commissioner of
human services to support adults referred for maltreatment to live safely and with dignity.
new text end
Sec. 65.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Assessment. new text end
new text begin
"Assessment" means a structured process conducted by a county
social services agency to review the safety, strengths, and needs of an adult referred as
vulnerable and maltreated and accepted by the agency for adult protective services and to
develop a service plan to stop, prevent, and reduce risk of maltreatment for the adult using
standardized tools provided by the Department of Human Services.
new text end
Sec. 66.
Minnesota Statutes 2024, section 626.5572, subdivision 9, is amended to read:
Subd. 9.
Financial exploitation.
"Financial exploitation" means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent
regulations, contractual obligations, documented consent by a competent person, or the
obligations of a responsible party under section 144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable
adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing,
shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the
failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by deleted text begin a third persondeleted text end new text begin the
vulnerable adultnew text end for the wrongful profit or advantage of the actor or another to the detriment
of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable
adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's
will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial
management or supervise financial management for a vulnerable adult except as otherwise
required by law.
Sec. 67.
Minnesota Statutes 2024, section 626.5572, is amended by adding a subdivision
to read:
new text begin Subd. 12a. new text end
new text begin Investigation. new text end
new text begin
"Investigation" means activities for fact gathering conducted
by the lead investigative agency to make a final determination of maltreatment.
new text end
Sec. 68.
Minnesota Statutes 2025 Supplement, section 626.5572, subdivision 13, is amended
to read:
Subd. 13.
Lead investigative agency.
"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services
licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
care homes, hospice providers, residential facilities that are also federally certified as
intermediate care facilities that serve people with developmental disabilities, or any other
facility or service not listed in this subdivision that is licensed or required to be licensed by
the Department of Health for the care of vulnerable adults. "Home care provider" has the
meaning provided in section 144A.43, subdivision 4, and applies when care or services are
delivered in the vulnerable adult's home.
(b) The Department of Human Services is the lead investigative agency for facilities or
services licensed or required to be licensed as adult day care, adult foster care, community
residential settings, programs for people with disabilities, EIDBI agencies, family adult day
services, mental health programs, mental health clinics, substance use disorder programs,
the Minnesota Sex Offender Program, or any other facility or service not listed in this
subdivision that is licensed or required to be licensed by the Department of Human Services.
The Department of Human Services is also the lead investigative agency for unlicensed
EIDBI agencies under section 256B.0949.
(c) The county social deleted text begin servicedeleted text end new text begin servicesnew text end agency new text begin adult protective services new text end or deleted text begin itsdeleted text end new text begin the agency'snew text end
designee new text begin or a federally recognized Indian Tribe that entered into a contractual agreement
with the commissioner of human services to operate adult protective services new text end is the lead
investigative agency for all other reports, including but not limited to reports involving
vulnerable adults receiving services from a personal care provider organization under section
256B.0659new text begin or 256B.85new text end .
Sec. 69.
Minnesota Statutes 2024, section 626.5572, subdivision 17, is amended to read:
Subd. 17.
Neglect.
(a) "Neglect" means neglect by a caregiver or self-neglect.
(b) "Caregiver neglect" means the failure or omission by a caregiver to supply a
vulnerable adult with care or services, including but not limited to, food, clothing, shelter,
health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of the
vulnerable adult; and
(2) which is not the result of an accident or therapeutic conduct.
(c) "Self-neglect" means neglect by a vulnerable adult of the vulnerable adult's own
food, clothing, shelter, health care, new text begin financial management, new text end or other services that are not the
responsibility of a caregiver which a reasonable person would deem essential to obtain or
maintain the vulnerable adult's health, safety, or comfort.
(d) For purposes of this section, a vulnerable adult is not neglected for the sole reason
that:
(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult, or, where permitted under law, to provide
nutrition and hydration parenterally or through intubation; this paragraph does not enlarge
or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; deleted text begin or
deleted text end
(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:
(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or
(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; deleted text begin or
deleted text end
(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult which does not result in injury or harm which reasonably requires medical or mental
health care; or
(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable
adult that results in injury or harm, which reasonably requires the care of a physician, and:
(i) the necessary care is provided in a timely fashion as dictated by the condition of the
vulnerable adult;
(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;
(iii) the error is not part of a pattern of errors by the individual;
(iv) if in a facility, the error is immediately reported as required under section 626.557,
and recorded internally in the facility;
(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar errors;
and
(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.
(e) Nothing in this definition requires a caregiver, if regulated, to provide services in
excess of those required by the caregiver's license, certification, registration, or other
regulation.
(f) If the findings of an investigation by a lead investigative agency result in a
determination of substantiated maltreatment for the sole reason that the actions required of
a facility under paragraph (d), clause (5), item (iv), (v), or (vi), were not taken, then the
facility is subject to a correction order. An individual will not be found to have neglected
or maltreated the vulnerable adult based solely on the facility's not having taken the actions
required under paragraph (d), clause (5), item (iv), (v), or (vi). This must not alter the lead
investigative agency's determination of mitigating factors under section 626.557, subdivision
9c, paragraph (f).
Sec. 70.
Laws 2024, chapter 125, article 1, section 47, is amended to read:
Sec. 47. DIRECTION TO COMMISSIONER; PEDIATRIC HOSPITAL-TO-HOME
TRANSITION PILOT PROGRAM.
(a) The commissioner of human services must award a single competitive grant to a
home care nursing provider to develop and implement, in coordination with the commissioner
of health, Fairview Masonic Children's Hospital, Gillette Children's Specialty Healthcare,
and Children's Minnesota of St. Paul and Minneapolis, a pilot program to expedite and
facilitate pediatric hospital-to-home discharges for patients receiving services in this state
under medical assistance, including under the community alternative care waiver, community
access for disability inclusion waiver, and developmental disabilities waiver.
(b) Grant money awarded under this section must be used only to support the
administrative, training, and auxiliary services necessary to reduce:
(1) delayed discharge days due to unavailability of home care nursing staffing to
accommodate complex pediatric patients;
(2) avoidable rehospitalization days for pediatric patients;
(3) unnecessary emergency department utilization by pediatric patients following
discharge;
(4) long-term nursing needs for pediatric patients; and
(5) the number of school days missed by pediatric patients.
(c) Grant money must not be used to supplant payment rates for services covered under
Minnesota Statutes, chapter 256B.
(d) No later than December 15, deleted text begin 2026deleted text end new text begin 2027new text end , the commissioner must prepare a report
summarizing the impact of the pilot program that includes but is not limited to: (1) the
number of delayed discharge days eliminated; (2) the number of rehospitalization days
eliminated; (3) the number of unnecessary emergency department admissions eliminated;
(4) the number of missed school days eliminated; and (5) an estimate of the return on
investment of the pilot program.
(e) The commissioner must submit the report under paragraph (d) to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services finance and policy.
Sec. 71. new text begin HOUSING STABILIZATION SERVICES REDESIGN.
new text end
new text begin Subdivision 1. new text end
new text begin Direction to the commissioner. new text end
new text begin
The commissioner of human services
must develop recommendations for establishing a program to support individuals
experiencing or at risk of homelessness to obtain and maintain safe and stable housing.
new text end
new text begin Subd. 2. new text end
new text begin Recommendations. new text end
new text begin
In developing recommendations, the commissioner must:
new text end
new text begin
(1) prioritize establishing a housing services benefit specifically for Minnesota Tribal
governments and urban Indian organizations;
new text end
new text begin
(2) utilize evidence-based and promising practices to prevent and reduce homelessness;
new text end
new text begin
(3) identify gaps in available housing services and supports and not duplicate any existing
programs;
new text end
new text begin
(4) identify expected outcomes and measures to track effectiveness of the proposed
program;
new text end
new text begin
(5) incorporate tools and system changes to protect program integrity and prevent fraud,
waste, and abuse; and
new text end
new text begin
(6) include statutory changes and state appropriations to implement the proposed program.
new text end
new text begin Subd. 3. new text end
new text begin Community engagement. new text end
new text begin
In developing recommendations, the commissioner
must consult with the legislature, other state agencies, Tribal Nations, and community
partners, including counties, providers, health plans, and people experiencing or at risk of
homelessness.
new text end
new text begin Subd. 4. new text end
new text begin Legislative report. new text end
new text begin
By September 15, 2027, the commissioner must submit to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance a report including final recommendations
to establish both a housing services benefit specifically for Tribal governments and urban
Indian organizations and a statewide housing services benefit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 72. new text begin OPTUM PROHIBITED FROM DISSEMINATING PRIVATE DATA.
new text end
new text begin
Optum, Inc., must not sell, share, or disseminate any private data on individuals, as
defined in Minnesota Statutes, section 13.02, subdivision 12, that Optum receives under or
incidental to Optum's contract or engagement with the Department of Human Services
pursuant to the governor's Executive Order No. 25-10.
new text end
Sec. 73. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall renumber the definitions in Minnesota Statutes, section
256B.85, subdivision 2, and the definitions in Minnesota Statutes, section 256B.851,
subdivision 2, as subdivisions in Minnesota Statutes, section 256B.8502, rearranging the
renumbered and existing definitions in Minnesota Statutes, section 256B.8502, as necessary
to place them in alphabetical order. The revisor of statutes shall revise all statutory
cross-references consistent with this recoding.
new text end
new text begin
(b) If a provision of Minnesota Statutes, section 256B.85, subdivision 2, or 256B.851,
subdivision 2, is amended or repealed in the 2026 regular legislative session, the revisor of
statutes shall codify the amendment or repealer in Minnesota Statutes, section 256B.8502,
notwithstanding any other law to the contrary.
new text end
new text begin
(c) In each section of Minnesota Statutes referred to in column A, the revisor of statutes
shall delete the reference in column B and insert the reference in column C.
new text end
|
new text begin
A new text end |
new text begin
B new text end |
new text begin
C new text end |
|
new text begin
Minnesota Statutes, section 245A.03, subdivision 9 new text end |
new text begin
subdivision 7 new text end |
new text begin
section 245A.03, subdivision 7b new text end |
|
new text begin
Minnesota Statutes, section 245A.11, subdivision 2a, paragraph (e) new text end |
new text begin
section 245A.03, subdivision 7 new text end |
new text begin
section 245A.03, subdivisions 7b to 7d new text end |
|
new text begin
Minnesota Statutes, section 245A.11, subdivision 2a, paragraph (h) new text end |
new text begin
section 245A.03, subdivision 7, paragraph (a), clause (5) new text end |
|
|
new text begin
Minnesota Statutes, section 256B.092, subdivision 11, paragraph (c) new text end |
new text begin
section 245A.03, subdivision 7, paragraph (f) new text end |
|
|
new text begin
Minnesota Statutes, section 256B.092, subdivision 11a, paragraph (b) new text end |
new text begin
section 245A.03, subdivision 7 new text end |
new text begin
section 245A.03, subdivisions 7b to 7d new text end |
|
new text begin
Minnesota Statutes, section 256B.092, subdivision 11a, paragraph (c) new text end |
new text begin
section 245A.03, subdivision 7, paragraph (a) new text end |
new text begin
section 245A.03, subdivision 7b new text end |
|
new text begin
Minnesota Statutes, section 256B.092, subdivision 13, paragraph (c) new text end |
new text begin
section 245A.03, subdivision 7, paragraph (a) new text end |
new text begin
section 245A.03, subdivision 7b new text end |
|
new text begin
Minnesota Statutes, section 256B.49, subdivision 24, paragraph (c) new text end |
new text begin
section 245A.03, subdivision 7, paragraph (a) new text end |
new text begin
section 245A.03, subdivision 7b new text end |
|
new text begin
Minnesota Statutes, section 256B.49, subdivision 29, paragraph (b) new text end |
new text begin
section 245A.03, subdivision 7 new text end |
new text begin
section 245A.03, subdivisions 7b to 7d new text end |
|
new text begin
Minnesota Statutes, section 256B.49, subdivision 29, paragraph (c) new text end |
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section 245A.03, subdivision 7, paragraph (a) new text end |
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section 245A.03, subdivision 7b new text end |
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Minnesota Statutes, section 256B.493, subdivision 1 new text end |
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section 245A.03, subdivision 7, paragraphs (c) and (d) new text end |
Sec. 74. new text begin REPEALER.
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new text begin
(a)
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new text begin
Minnesota Statutes 2024, sections 256B.051, subdivisions 1, 4, and 7; 256B.5012,
subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16; and 626.557, subdivision 10,
new text end
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are
repealed.
new text end
new text begin
(b)
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new text begin
Minnesota Statutes 2025 Supplement, sections 245A.04, subdivision 7; and 256B.051,
subdivisions 2, 3, 5, 6, 6a, 6b, 8, 9, and 10,
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new text begin
are repealed.
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new text begin
(c)
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new text begin
Laws 2025, First Special Session chapter 3, article 18, section 3,
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is repealed.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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ARTICLE 3
SUBSTANCE USE DISORDER TREATMENT POLICY
Section 1.
Minnesota Statutes 2024, section 245F.02, subdivision 17, is amended to read:
Subd. 17.
Peer recovery support services.
"Peer recovery support services" means
services provided according to section deleted text begin 245F.08, subdivision 3deleted text end new text begin 254B.052new text end .
Sec. 2.
Minnesota Statutes 2025 Supplement, section 245F.08, subdivision 3, is amended
to read:
Subd. 3.
Peer recovery support services.
Peer recovery support services must meet the
requirements in section deleted text begin 245G.07, subdivision 2a, paragraph (b), clause (2)deleted text end new text begin 254B.052new text end , and
must be provided by a person who is qualified according to the requirements in section
deleted text begin 245F.15, subdivision 7deleted text end new text begin 245I.04, subdivisions 18 and 19new text end .
Sec. 3.
Minnesota Statutes 2024, section 245F.15, subdivision 7, is amended to read:
Subd. 7.
Recovery peer qualifications.
Recovery peers must:
(1) meet the qualifications in section 245I.04, subdivision 18; and
(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19deleted text begin , under the supervision of an alcohol and drug counselordeleted text end .
Sec. 4.
Minnesota Statutes 2024, section 245G.06, subdivision 4, is amended to read:
Subd. 4.
Service discharge summary.
(a) An alcohol and drug counselor must write a
service discharge summary for each client. The service discharge summary must be
completed within five days of the client's service terminationnew text begin , excluding weekends and
holidaysnew text end . A copy of the client's service discharge summary must be provided to the client
upon the client's request.
(b) The service discharge summary must be recorded in the six dimensions listed in
section 254B.04, subdivision 4, and include the following information:
(1) the client's issues, strengths, and needs while participating in treatment, including
services provided;
(2) the client's progress toward achieving each goal identified in the individual treatment
plan;
(3) a risk rating and description for each of the ASAM six dimensions;
(4) the reasons for and circumstances of service termination. If a program discharges a
client at staff request, the reason for discharge and the procedure followed for the decision
to discharge must be documented and comply with the requirements in section 245G.14,
subdivision 3, clause (3);
(5) the client's living arrangements at service termination;
(6) continuing care recommendations, including transitions between more or less intense
services, or more frequent to less frequent services, and referrals made with specific attention
to continuity of care for mental health, as needed; and
(7) service termination diagnosis.
Sec. 5.
Minnesota Statutes 2025 Supplement, section 245G.11, subdivision 7, is amended
to read:
Subd. 7.
Treatment coordination provider qualifications.
(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:
(1) is skilled in the process of identifying and assessing a wide range of client needs;
(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;
(3) has completed 15 hours of education or training on substance use disorder,
co-occurring conditions, and care coordination for individuals with substance use disorder
or co-occurring conditions that is consistent with national evidence-based standards;
(4) meets one of the following criteria:
deleted text begin
(i) has a bachelor's degree in one of the behavioral sciences or related fields;
deleted text end
deleted text begin (ii)deleted text end new text begin (i)new text end has a high school diploma or equivalent; or
deleted text begin (iii)deleted text end new text begin (ii)new text end is a mental health practitioner who meets the qualifications under section 245I.04,
subdivision 4; and
(5) either has at least 1,000 hours of supervised experience working with individuals
with substance use disorder or co-occurring conditions or receives treatment supervision at
least once per week until obtaining 1,000 hours of supervised experience working with
individuals with substance use disorder or co-occurring conditions.
(b) A treatment coordinator must receive the following levels of supervision from an
alcohol and drug counselor or a mental health professional whose scope of practice includes
substance use disorder treatment and assessments:
(1) for a treatment coordinator that has not obtained 1,000 hours of supervised experience
under paragraph (a), clause (5), at least one hour of supervision per week; or
(2) for a treatment coordinator that has obtained at least 1,000 hours of supervised
experience under paragraph (a), clause (5), at least one hour of supervision per month.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2024, section 245G.11, subdivision 8, is amended to read:
Subd. 8.
Recovery peer qualifications.
A recovery peer must:
(1) meet the qualifications in section 245I.04, subdivision 18; and
(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19deleted text begin , under the supervision of an alcohol and drug counselordeleted text end .
Sec. 7.
Minnesota Statutes 2025 Supplement, section 254A.03, subdivision 3, is amended
to read:
Subd. 3.
Rules for substance use disorder care.
(a) An eligible vendor of comprehensive
assessments under section 254B.0501 may determine the appropriate level of substance use
disorder treatment for a recipient of public assistance. The process for determining an
individual's financial eligibility for the behavioral health fund or determining an individual's
enrollment in or eligibility for a publicly subsidized health plan is not affected by the
individual's choice to access a comprehensive assessment for placement.
deleted text begin
(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.0505. The initial set of services approved for a recipient whose screen result
is positive may include any combination of up to four hours of individual or group substance
use disorder treatment, two hours of substance use disorder treatment coordination, or two
hours of substance use disorder peer support services provided by a qualified individual
according to chapter 245G. A recipient must obtain an assessment pursuant to paragraph
(a) to be approved for additional treatment services. A comprehensive assessment pursuant
to section 245G.05 is not required to receive the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.
deleted text begin (d)deleted text end new text begin (c)new text end An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.
Sec. 8.
Minnesota Statutes 2025 Supplement, section 254B.0501, subdivision 6, is amended
to read:
Subd. 6.
Recovery community organizations.
(a) A recovery community organization
that meets the requirements of clauses (1) to (15), complies with the training requirements
in section 254B.052, subdivision 4, and meets certification requirements of the Minnesota
Alliance of Recovery Community Organizations or another Minnesota statewide recovery
organization identified by the commissioner is an eligible vendor of peer recovery support
services. If the commissioner does not identify another statewide recovery organization, or
the Minnesota Alliance of Recovery Community Organizations or the statewide recovery
organization identified by the commissioner is not reasonably positioned to certify vendors,
the commissioner must determine the eligibility of a vendor of peer recovery support services.
A Minnesota statewide recovery organization identified by the commissioner must update
recovery community organization applicants for certification on the status of the application
within 45 days of receipt. If the approved statewide recovery organization denies an
application, it must provide a written explanation for the denial to the recovery community
organization. Eligible vendors under this paragraph must:
(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission;
(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;
(3) have a mission statement and conduct corresponding activities indicating that the
organization's primary purpose is to support recovery from substance use disorder;
(4) demonstrate ongoing community engagement with the identified primary region and
population served by the organization, including individuals in recovery and their families,
friends, and recovery allies;
(5) be accountable to the recovery community through documented priority-setting and
participatory decision-making processes that promote the engagement of, and consultation
with, people in recovery and their families, friends, and recovery allies;
(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building,
and harm-reduction activities, and provide recovery public education and advocacy;
(7) have written policies that allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;
(8) maintain organizational practices to meet the needs of Black, Indigenous, and people
of color communities, LGBTQ+ communities, and other underrepresented or marginalized
communities. Organizational practices may include board and staff training, service offerings,
advocacy efforts, and culturally informed outreach and services;
(9) use recovery-friendly language in all media and written materials that is supportive
of and promotes recovery across diverse geographical and cultural contexts and reduces
stigma;
(10) establish and maintain a publicly available recovery community organization code
of ethics and grievance policy and procedures;
(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
independent contractor;
(12) not classify or treat any recovery peer as an independent contractor on or after
January 1, 2025;
(13) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services;
(14) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:
(i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;
(ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and
(iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaint; and
(15) comply with the requirements of section 245A.04, subdivision 15a.
(b) A recovery community organization approved by the commissioner before June 30,
2023, must have begun the application process as required by an approved certifying or
accrediting entity and have begun the process to meet the requirements under paragraph (a)
by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
support services.
(c) A recovery community organization that is aggrieved by a certification determination
and believes it meets the requirements under paragraph (a) may appeal the determination
under section 256.045, subdivision 3, paragraph (a), clause (14), for reconsideration as an
eligible vendor. If the human services judge determines that the recovery community
organization meets the requirements under paragraph (a), the recovery community
organization is an eligible vendor of peer recovery support services for up to two years from
the date of the determination. After two years, the recovery community organization must
apply for certification under paragraph (a) to continue to be an eligible vendor of peer
recovery support services.
(d) All recovery community organizations must be certified by an entity listed in
paragraph (a) by June 30, deleted text begin 2027deleted text end new text begin 2026new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2025 Supplement, section 254B.0505, subdivision 8, is amended
to read:
Subd. 8.
deleted text begin Peer recovery support servicesdeleted text end new text begin Utilization reviewnew text end requirements.
Eligible
vendors of deleted text begin peer recovery supportdeleted text end services new text begin in subdivision 1, clauses (1) to (10), new text end mustdeleted text begin :
deleted text end
deleted text begin (1)deleted text end submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity deleted text begin of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; and
deleted text end
deleted text begin (2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support servicesdeleted text end .
Sec. 10.
Minnesota Statutes 2025 Supplement, section 254B.0505, is amended by adding
a subdivision to read:
new text begin Subd. 9. new text end
new text begin Monetary recovery. new text end
new text begin
Reimbursement for services authorized under this chapter
that are not provided in accordance with this chapter are subject to monetary recovery under
section 256B.064 as money improperly paid.
new text end
Sec. 11.
Minnesota Statutes 2025 Supplement, section 254B.0505, is amended by adding
a subdivision to read:
new text begin Subd. 10. new text end
new text begin Withdrawal management services. new text end
new text begin
For withdrawal management services
provided by an eligible vendor that is licensed under chapter 245F as a clinically managed
withdrawal management program or as a medically monitored withdrawal management
program, utilization review, as defined in section 62M.02, is prohibited until five calendar
days after the date of service initiation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later.
new text end
Sec. 12.
Minnesota Statutes 2024, section 254B.052, subdivision 1, is amended to read:
Subdivision 1.
Peer recovery support services; service requirements.
(a) Peer recovery
support services are face-to-face interactions between a recovery peer and a client, on a
one-on-one basis, in which specific goals identified in an individual recovery plan, treatment
plan, or stabilization plan are discussed and addressed. Peer recovery support services are
provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and
development of natural supports and to support maintenance of a client's recovery.
(b) Peer recovery support services must be provided according tonew text begin (1)new text end an individual
recovery plan if provided by a recovery community organization or county, new text begin (2) new text end a treatment
plan if provided in new text begin either new text end a substance use disorder treatment program under chapter 245Gdeleted text begin ,deleted text end
ornew text begin a Tribally licensed substance use disorder treatment program, or (3)new text end a stabilization plan
if provided by a withdrawal management program under chapter 245F.
(c) A client receiving peer recovery support services must participate in the services
voluntarily. Any program that incorporates peer recovery support services must provide
written notice to the client that peer recovery support services will be provided.
(d) Peer recovery support services may not be provided to a client residing with or
employed by a recovery peer from whom deleted text begin they receivedeleted text end new text begin the client receivesnew text end services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2024, section 254B.052, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Billing limits. new text end
new text begin
Eligible vendors of peer recovery support services must limit
an individual client to 14 hours per week for peer recovery support services from an
individual provider of peer recovery support services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2024, section 256B.0759, subdivision 3, is amended to read:
Subd. 3.
Provider standards.
(a) deleted text begin The commissioner must establish requirements for
participating providers that are consistent with the federal requirements of the demonstration
project.deleted text end new text begin The following programs that receive payment for substance use disorder treatment
services under section 256B.0625 must enroll as a Minnesota Health Care Programs provider,
meet the requirements established by the commissioner, and certify that the program meets
the applicable American Society of Addiction Medicine (ASAM) levels of care according
to section 254B.19:
new text end
new text begin
(1) nonresidential substance use disorder treatment programs and residential treatment
programs licensed under chapter 245G as licensed substance use disorder treatment facilities;
new text end
new text begin
(2) withdrawal management programs licensed under chapter 245F; and
new text end
new text begin
(3) out-of-state residential substance use disorder treatment programs.
new text end
new text begin
Programs that do not meet the requirements of this paragraph are ineligible for payment for
services provided under section 256B.0625.
new text end
deleted text begin
(b) A participating residential provider must obtain applicable licensure under chapter
245F or 245G or other applicable standards for the services provided and must:
deleted text end
deleted text begin
(1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d);
deleted text end
deleted text begin
(2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards; and
deleted text end
deleted text begin
(3) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate access to substance use disorder treatment services with
medications for opioid use disorder off site.
deleted text end
deleted text begin
(c) A participating outpatient provider must obtain applicable licensure under chapter
245G or other applicable standards for the services provided and must:
deleted text end
deleted text begin
(1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d); and
deleted text end
deleted text begin
(2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards.
deleted text end
deleted text begin
(d) If the provider standards under chapter 245G or other applicable standards conflict
or are duplicative, the commissioner may grant variances to the standards if the variances
do not conflict with federal requirements. The commissioner must publish service
components, service standards, and staffing requirements for participating providers that
are consistent with ASAM standards and federal requirements by October 1, 2020.
deleted text end
new text begin
(b) Programs licensed by the Department of Human Services as residential treatment
programs according to section 245G.21 that (1) receive payment under this chapter, (2) are
licensed as a hospital under sections 144.50 to 144.581, and (3) provide only ASAM level
3.7 medically monitored inpatient level of care are not required to certify the ASAM 3.7
level of care. If a program described in this paragraph provides any additional ASAM levels
of care, the program must certify those levels of care according to section 254B.19. Programs
meeting the criteria in this paragraph must submit evidence of providing the required level
of care to the commissioner to be exempt from enrolling in the demonstration.
new text end
new text begin
(c) Tribally licensed programs that otherwise meet the requirements of subdivision 3
may elect to participate in the demonstration project. The Department of Human Services
must consult with Tribal Nations to discuss participation in the substance use disorder
demonstration project.
new text end
new text begin
(d) Programs subject to this section must:
new text end
new text begin
(1) deliver services in accordance with section 254B.19; and
new text end
new text begin
(2) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate timely access to medications for opioid use disorder off site.
new text end
Sec. 15.
Minnesota Statutes 2025 Supplement, section 256B.0759, subdivision 4, is
amended to read:
Subd. 4.
Provider payment rates.
(a) deleted text begin Payment rates for participatingdeleted text end Providers must
deleted text begin be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care. Providers that have enrolled in the demonstration project but have not met the provider
standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under
this subdivision until the date that the provider meets the provider standards in subdivision
3. Services provided from July 1, 2022, to the date that the provider meets the provider
standards under subdivision 3 shalldeleted text end be reimbursed at rates according to section 254B.0505,
subdivision 1. deleted text begin Rate increases paid under this subdivision to a provider for services provided
between July 1, 2021, and July 1, 2022, are not subject to recoupment when the provider
is taking meaningful steps to meet demonstration project requirements that are not otherwise
required by law, and the provider provides documentation to the commissioner, upon request,
of the steps being taken.
deleted text end
deleted text begin
(b) The commissioner may temporarily suspend payments to the provider according to
section 256B.04, subdivision 21, paragraph (d), if the provider does not meet the requirements
in paragraph (a). Payments withheld from the provider must be made once the commissioner
determines that the requirements in paragraph (a) are met.
deleted text end
deleted text begin
(c) For outpatient individual and group substance use disorder services under section
254B.0505, subdivision 1, clause (1), and adolescent treatment programs that are licensed
as outpatient treatment programs according to sections 245G.01 to 245G.18, provided on
or after January 1, 2021, payment rates must be increased by 20 percent over the rates in
effect on December 31, 2020.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end Effective January 1, 2021, and contingent on annual federal approval, managed
care plans and county-based purchasing plans must reimburse providers of the substance
use disorder services meeting the deleted text begin criteria described in paragraph (a) whodeleted text end new text begin requirements of
section 254B.19 thatnew text end are employed by or under contract with the plan an amount that is at
least equal to the fee-for-service base rate payment for the substance use disorder services
described in paragraph deleted text begin (c)deleted text end new text begin (a)new text end . The commissioner must monitor the effect of this requirement
on the rate of access to substance use disorder services and residential substance use disorder
rates. Capitation rates paid to managed care organizations and county-based purchasing
plans must reflect the impact of this requirement. This paragraph expires if federal approval
is not received at any time as required under this paragraph.
deleted text begin (e)deleted text end new text begin (c)new text end Effective July 1, 2021, contracts between managed care plans and county-based
purchasing plans and providers to whom paragraph deleted text begin (d)deleted text end new text begin (b)new text end applies must allow recovery of
payments from those providers if, for any contract year, federal approval for the provisions
of paragraph deleted text begin (d)deleted text end new text begin (b)new text end is not received, and capitation rates are adjusted as a result. Payment
recoveries must not exceed the amount equal to any decrease in rates that results from this
provision.
deleted text begin (f)deleted text end new text begin (d)new text end For substance use disorder services with medications for opioid use disorder under
section 254B.0505, subdivision 1, clause (7), provided on or after January 1, 2021, payment
rates must be increased by 20 percent over the rates in effect on December 31, 2020. Upon
implementation of new rates according to section 254B.121, the 20 percent increase will
no longer apply.
Sec. 16. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, section 256B.0759, subdivisions 2 and 5,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2025 Supplement, section 254B.052, subdivision 6,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
DIRECT CARE AND TREATMENT POLICY
Section 1.
Minnesota Statutes 2024, section 3.7381, is amended to read:
3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
INSTITUTIONS; CORRECTIONAL FACILITIES.
(a) The commissioners of deleted text begin human services,deleted text end veterans affairsdeleted text begin ,deleted text end or correctionsnew text begin or the Direct
Care and Treatment executive boardnew text end , as appropriate, shall determine, adjust, and settle, at
any time, claims and demands of $7,000 or less arising from negligent loss, damage, or
destruction of property of a patient of a state institution under the control of the Direct Care
and Treatment executive board or the commissioner of veterans affairs or an inmate of a
state correctional facility.
(b) A claim of more than $7,000, or a claim that was not paid by the appropriate
department new text begin or agency new text end may be presented to, heard, and determined by the appropriate
committees of the senate and the house of representatives and, if approved, shall be paid
pursuant to legislative claims procedure.
(c) The procedure established by this section is exclusive of all other legal, equitable,
and statutory remedies.
Sec. 2.
Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:
Subd. 4a.
Sex offender program data; challenges.
Notwithstanding subdivision 4,
challenges to the accuracy or completeness of data maintained by the Direct Care and
Treatment sex offender program about a civilly committed sex offender as defined in section
246B.01, subdivision 1a, must be submitted in writing to the data practices compliance
official of Direct Care and Treatmentnew text begin or a delegeenew text end . The data practices compliance official
new text begin or a delegee new text end must respond to the challenge as provided in this section.
Sec. 3.
Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
As used in this section:
(a) "Directory information" means name of the patient, date admitted, and general
condition.
(b) "Medical data" are data collected because an individual was or is a patient or client
of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a
government entity including business and financial records, data provided by private health
care facilities, and data provided by or about relatives of the individual.new text begin Medical data does
not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
new text end
Sec. 4.
Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.
(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including but not limited to Native
American Tribe programs that provide a service component of the welfare system, the
Minnesota family investment program, medical assistance, general assistance, general
assistance medical care formerly codified in chapter 256D, the child care assistance program,
and child support collections.
(c) "Welfare system" includes the Department of Human Services; Direct Care and
Treatment; the Department of Children, Youth, and Families; local social services agencies;
county welfare agencies; county public health agencies; county veteran services agencies;
county housing agencies; private licensing agencies; the public authority responsible for
child support enforcement; human services boards; community mental health center boards,
state hospitals, state nursing homes, the ombudsman for mental health and developmental
disabilities; Native American Tribes to the extent a Tribe provides a service component of
the welfare system; and persons, agencies, institutions, organizations, and other entities
under contract to any of the above agencies to the extent specified in the contract.
(d) "Mental health data" means data on individual clients and patients of community
mental health centers, established under section 245.62, mental health divisions of counties
and other providers under contract to deliver mental health services, deleted text begin Direct Care and
Treatment mental health services,deleted text end or the ombudsman for mental health and developmental
disabilities.
(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.
(f) "Private licensing agency" means an agency licensed by the commissioner of children,
youth, and families under chapter 142B to perform the duties under section 142B.30.
Sec. 5.
Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to
read:
Subd. 2.
General.
(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent or investigator acting on behalf of a county, the state, or the federal
government, including a law enforcement person or attorney in the investigation or
prosecution of a criminal, civil, or administrative proceeding relating to the administration
of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs, and prepare
the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
17, section 6. The following information may be disclosed under this paragraph: an
individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
identification numbers, income, addresses, and other data as required, upon request by the
Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
of human services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;
(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; Direct Care and
Treatment; and, when applicable, the Department of Education, for the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
256B or 256L; and
(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;
(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;
(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal law;
or
(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 142A.29,
subdivision 7;
(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section 518A.81, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;
(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;
(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 142E may disseminate data on program participants,
applicants, and providers to the commissioner of education;
(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;
(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;
(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;
(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or
(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:
(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and
(ii) to provide for reimbursement of special transportation service provided under section
473.386.
The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.
(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).
new text begin (e) new text end For the purposes of this subdivision, a request deleted text begin will bedeleted text end new text begin isnew text end deemed to be made in writing
if made through a computer interface system.
new text begin
(f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless
of any restrictions on disclosure of that data under sections 144.291 to 144.298.
new text end
new text begin
(g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as
permitted by law.
new text end
new text begin
(h) Direct Care and Treatment may disclose welfare system data held by the agency to
facilitate coordination of guardianship services for Direct Care and Treatment clients,
including but not limited to making disclosures in guardianship proceedings, identifying
potential guardians, communicating with guardianship legal representation, and reporting
complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental Health
and Developmental Disabilities. Direct Care and Treatment must obtain the client's consent
to the disclosure except when the client:
new text end
new text begin
(1) lacks capacity to provide the consent; or
new text end
new text begin
(2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to
authorize the disclosure in relation to complaints to the Minnesota Judicial Branch or Office
of Ombudsman for Mental Health and Developmental Disabilities.
new text end
Sec. 6.
Minnesota Statutes 2024, section 182.6545, is amended to read:
182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.
In the case of a death of an employee, the department shall make reasonable efforts to
locate the employee's next of kin and shall mail to them copies of the following:
(1) citations and notification of penalty;
(2) notices of hearings;
(3) complaints and answers;
(4) settlement agreements;
(5) orders and decisions; and
(6) notices of appeals.
In addition, the next of kin shall have the right to request a consultation with the
department regarding citations and notification of penalties issued as a result of the
investigation of the employee's death. For the purposes of this section, "next of kin" refers
to the nearest proper relative as that term is defined by section 253B.03, subdivision 6,
paragraph (b), clause deleted text begin (3)deleted text end new text begin (10)new text end .
Sec. 7.
new text begin
[246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND
TREATMENT EMPLOYEES.
new text end
new text begin
(a) Notwithstanding section 43A.08; Minnesota Rules, part 3900.1300; or any other law
to the contrary, Direct Care and Treatment may, with approval from Minnesota Management
and Budget, convert employees deemed unclassified pursuant to pilot authority of the
Department of Human Services under Laws 1997, chapter 97, section 18, into the classified
service.
new text end
new text begin
(b) Employees converted to the classified service pursuant to this section are subject to
the terms and conditions of employment applicable to positions in the classified service
pursuant to statute, rule, bargaining unit or compensation plan, and agency policy, including
but not limited to required probationary periods and mandatory training requirements.
new text end
new text begin
(c) Employees converted to the classified service pursuant to this section must not receive
a reduction in salary at the time of the conversion.
new text end
Sec. 8.
Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:
Subd. 6.
Consent for medical procedure.
(a) A patient has the right to give prior consent
to any medical deleted text begin or surgicaldeleted text end treatmentnew text begin , including but not limited to surgerynew text end , other than treatment
for chemical dependency or nonintrusive treatment for mental illness.new text begin For purposes of this
subdivision only, "patient" includes a person committed under chapter 253D who is in a
state-operated treatment program.
new text end
(b) The following procedures shall be used to obtain consent for any treatment necessary
to preserve the life or health of any committed patient:
(1) the written, informed consent of a competent adult patient for the treatment is
sufficient;
(2) if the patient is subject to guardianship which includes the provision of medical care,
the written, informed consent of the guardian for the treatment is sufficient;
(3)new text begin for a patient in a treatment facility,new text end if the head of the treatment facility deleted text begin or
state-operated treatment programdeleted text end determines that the patient is not competent to consent to
the treatment and the patient has not been adjudicated incompetent, written, informed consent
for the deleted text begin surgery ordeleted text end medical treatment shall be obtained from the person appointed the health
care power of attorney, the patient's agent under the health care directive, or the nearest
proper relative. deleted text begin For this purpose, the following persons are proper relatives, in the order
listed: the patient's spouse, parent, adult child, or adult sibling.deleted text end If the nearest proper deleted text begin relativesdeleted text end new text begin
relativenew text end cannot be located, deleted text begin refusedeleted text end new text begin refusesnew text end to consent to the procedure, or deleted text begin aredeleted text end new text begin isnew text end unable to
consent, the head of the treatment facility deleted text begin or state-operated treatment programdeleted text end or an interested
personnew text begin , as defined by section 524.5-102, subdivision 7,new text end may petition the committing court
for approval for the treatment or may petition a court of competent jurisdiction for the
appointment of a guardian. The determination that the patient is not competent, and the
reasons for the determination, shall be documented in the patient's clinical record;
new text begin
(4) for patients in a state-operated treatment program, if (i) the patient does not have a
health care power of attorney or an agent under a health care directive or the patient's health
care agent is not reasonably available to make the necessary health care decision for the
patient, and (ii) the patient's treating physician determines that the patient lacks
decision-making capacity to consent to the medical treatment, the state-operated treatment
program must make a good faith attempt to locate the patient's nearest proper relative to
obtain written informed consent for the medical treatment;
new text end
new text begin
(5) if the state-operated treatment program is unable to reasonably locate a proper relative,
the executive medical director has decision-making authority for the health care decision
for the patient;
new text end
new text begin
(6) any health care decision made by the executive medical director under clause (5)
must be consistent with any documented patient health care directive and with reasonable
medical practice and applicable law;
new text end
new text begin
(7) if the state-operated treatment program consults with the patient's nearest proper
relative under clause (4) and the patient's nearest proper relative and the patient's treating
physician are not in agreement with respect to a medical treatment decision, the state-operated
treatment program or an interested person may petition the committing court for approval
of the treatment. The state-operated program may also petition a court of competent
jurisdiction for the appointment of a guardian at any time. If a court determines that a patient
is not competent, the determination and the reasons for the determination must be documented
in the patient's clinical record;
new text end
new text begin
(8) before proceeding with treatment under clause (5), a state-operated treatment program
must inform the patient of the determination, the proposed treatment, and the right to request
review. Upon the request of the patient or an interested person a second physician not directly
involved in the patient's current treatment must review the incapacity determination. The
executive medical director must review the proposed treatment decision and the second
physician's review and make an updated determination. A state-operated treatment program
may proceed with treatment of the patient while a review under this clause is pending;
new text end
new text begin
(9) if a patient or interested person is dissatisfied with the outcome of the review under
clause (8), the patient or interested person may petition the committing court under section
253B.17 for review of the determination made under clause (8). Filing a petition under
section 253B.17 does not stay treatment under this subdivision unless otherwise ordered by
the court. In reviewing the executive medical director's decision under clause (8) and issuing
a determination, the court must determine if the patient lacks capacity. If the patient lacks
capacity, the court must determine if the patient clearly stated what the patient would choose
to do in the situation when the patient had the capacity to make a reasoned decision. Evidence
of the patient's wishes may include written instruments, including a durable power of attorney
for health care under chapter 145C or a declaration under section 253B.03, subdivision 6d.
If the court finds that the patient clearly stated what the patient would choose to do in the
situation, the patient's wishes must be followed. If the court determines that the evidence
of the patient's wishes regarding the situation is conflicting or lacking, the court must make
a decision based on what a reasonable person would do, taking into consideration:
new text end
new text begin
(i) the patient's family, community, moral, religious, and social values;
new text end
new text begin
(ii) the medical risks, benefits, and alternatives to the proposed treatment;
new text end
new text begin
(iii) past efficacy and any extenuating circumstances of past experience with the particular
medical treatment; and
new text end
new text begin
(iv) any other relevant factors;
new text end
new text begin
(10) for purposes of this subdivision, the following persons are proper relatives, in the
order listed: the patient's spouse, parent, adult child, or adult sibling;
new text end
deleted text begin (4)deleted text end new text begin (11)new text end consent to treatment of any minor patient shall be secured in accordance with
sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
routine diagnostic evaluation, and emergency or short-term acute care; and
deleted text begin (5)deleted text end new text begin (12)new text end in the case of an emergency when the persons ordinarily qualified to give consent
cannot be located in sufficient time to address the emergency need, the head of the treatment
facility or state-operated treatment program may give consent.
(c) No person who consents to treatment pursuant to the provisions of this subdivision
shall be civilly or criminally liable for the performance or the manner of performing the
treatment. No person shall be liable for performing treatment without consent if written,
informed consent was given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment is performed.
new text begin
(d) When a determination is made under paragraph (b), clauses (5) and (8), the
state-operated treatment program must document the following information in the patient's
clinical record:
new text end
new text begin
(1) the determination of incapacity and the clinical basis for the determination;
new text end
new text begin
(2) the specific treatment authorized;
new text end
new text begin
(3) the person who provided consent or who made the determination allowing the
treatment;
new text end
new text begin
(4) the efforts made to locate and consult with a health care agent or nearest proper
relative; and
new text end
new text begin
(5) the patient's expressed preferences regarding the treatment, if known, and how the
preferences were considered.
new text end
new text begin
(e) The executive medical director must review a determination that a patient lacks
capacity periodically as medically appropriate, but not less than every six months. The
outcome of a review under this paragraph must be documented in the patient's clinical
record.
new text end
Sec. 9.
Minnesota Statutes 2025 Supplement, section 253B.18, subdivision 6, is amended
to read:
Subd. 6.
Transfer.
(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the executive board, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.
(b) The following factors must be considered in determining whether a transfer is
appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which facility can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.
(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility deleted text begin for a period of up to 60 daysdeleted text end with the consent of the head of the treatment facilitydeleted text begin .deleted text end new text begin
for a period of up to:
new text end
new text begin
(1) 90 days if due to a psychiatric medical condition; or
new text end
new text begin
(2) six months if due to a nonpsychiatric medical condition.
new text end
(d) If the committed person is not returned to the original, nonsecure transfer facility
within deleted text begin 60deleted text end new text begin 90new text end days of being readmitted to a secure treatment facilitynew text begin if due to a psychiatric
medical condition or within six months of being readmitted to a secure treatment facility if
due to a nonpsychiatric medical conditionnew text end , the transfer is revoked and the committed person
must remain in a secure treatment facility. The committed person must immediately be
notified in writing of the revocation.
(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the executive
board whether or not the revocation should be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.
(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.
(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:
(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or
(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.
(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.
(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.
(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.
(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the executive board whether or not the
revocation shall be upheld. The special review board may also recommend a new transfer
out of a secure treatment facility at the time of the revocation hearing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 10.
Minnesota Statutes 2024, section 253B.18, subdivision 14, is amended to read:
Subd. 14.
Voluntary readmission.
(a) With the consent of the head of the treatment
facility or state-operated treatment program, a patient may voluntarily return from provisional
dischargenew text begin with the consent of the designated agencynew text end for a period of up tonew text begin :
new text end
new text begin (1)new text end 30 daysdeleted text begin , ordeleted text end new text begin ;
new text end
new text begin (2) new text end deleted text begin up to 60deleted text end new text begin 90new text end days deleted text begin with the consent of the designated agency.deleted text end new text begin if due to a psychiatric
medical condition; or
new text end
new text begin
(3) six months if due to a nonpsychiatric medical condition.
new text end
new text begin (b)new text end If the patient is not returned to provisional discharge status within deleted text begin 60deleted text end new text begin 90new text end daysnew text begin of
being readmitted if due to a psychiatric medical condition or within six months of being
readmitted if due to a nonpsychiatric medical conditionnew text end , the provisional discharge is revoked.
Within 15 days of receiving notice of the change in status, the patient may request a review
of the matter before the special review board. The special review board may recommend a
return to a provisional discharge status.
deleted text begin (b)deleted text end new text begin (c)new text end The treatment facility or state-operated treatment program is not required to
petition for a further review by the special review board unless the patient's return to the
community results in substantive change to the existing provisional discharge plan. All the
terms and conditions of the provisional discharge order shall remain unchanged if the patient
is released again.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
ARTICLE 5
DEPARTMENT OF HEALTH LONG-TERM CARE POLICY
Section 1.
Minnesota Statutes 2024, section 144.56, subdivision 2b, is amended to read:
Subd. 2b.
Boarding care homes.
The commissioner shall not adopt or enforce any rule
that limits:
(1) a certified boarding care home from providing nursing services in accordance with
the home's Medicaid certification; or
(2) a noncertified boarding care home deleted text begin registered under chapter 144Ddeleted text end from providing
home care services in accordance with the home's registration.
Sec. 2.
Minnesota Statutes 2024, section 144.586, subdivision 2, is amended to read:
Subd. 2.
Postacute care discharge planning.
new text begin (a) new text end Each hospital, including hospitals
designated as critical access hospitals, must comply with the federal hospital requirements
for discharge planningnew text begin ,new text end which include:
(1) conducting a discharge planning evaluation that includes an evaluation of:
(i) the likelihood of the patient needing posthospital services and of the availability of
those services; and
(ii) the patient's capacity for self-care or the possibility of the patient being cared for in
the environment from which the patient entered the hospital;
(2) timely completion of the discharge planning evaluation under clause (1) by hospital
personnel so that appropriate arrangements for posthospital care are made before discharge,
and to avoid unnecessary delays in discharge;
(3) including the discharge planning evaluation under clause (1) in the patient's medical
record for use in establishing an appropriate discharge plan. The hospital must discuss the
results of the evaluation with the patient or individual acting on behalf of the patient. The
hospital must reassess the patient's discharge plan if the hospital determines that there are
factors that may affect continuing care needs or the appropriateness of the discharge plan;
and
(4) providing counseling, as needed, for the patient and family members or interested
persons to prepare them for posthospital care. The hospital must provide a list of available
Medicare-eligible home care agencies or skilled nursing facilities that serve the patient's
geographic area, or other area requested by the patient if such care or placement is indicated
and appropriate. Once the patient has designated their preferred providers, the hospital will
assist the patient in securing care covered by their health plan or within the care network.
The hospital must not specify or otherwise limit the qualified providers that are available
to the patient. The hospital must document in the patient's record that the list was presented
to the patient or to the individual acting on the patient's behalf.
new text begin
(b) Each hospital, including hospitals designated as critical access hospitals, must
document in the patient's discharge plan instances when a restraint was used to manage the
patient's behavior prior to discharge, including the type of restraint, duration, and frequency.
In cases where the patient is transferred to a licensed or registered provider, the hospital
must notify the provider of the type, duration, and frequency of the restraint. "Restraint"
has the meaning given in section 144G.08, subdivision 61a.
new text end
Sec. 3.
Minnesota Statutes 2024, section 144.6502, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
(b) "Commissioner" means the commissioner of health.
(c) "Department" means the Department of Health.
(d) "Electronic monitoring" means the placement and use of an electronic monitoring
device in the resident's room or private living unit in accordance with this section.
(e) "Electronic monitoring device" means a camera or other device that captures, records,
or broadcasts audio, video, or both, that is placed in a resident's room or private living unit
and is used to monitor the resident or activities in the room or private living unit.
(f) "Facility" means a facility that is:
(1) licensed as a nursing home under chapter 144A;
(2) licensed as a boarding care home under sections 144.50 to 144.56;new text begin or
new text end
deleted text begin
(3) until August 1, 2021, a housing with services establishment registered under chapter
deleted text end
deleted text begin
144D
deleted text end
deleted text begin
that is either subject to chapter
deleted text end
deleted text begin
144G
deleted text end
deleted text begin
or has a disclosed special unit under section
325F.72; or
deleted text end
deleted text begin (4) on or after August 1, 2021,deleted text end new text begin (3) licensed asnew text end an assisted living facilitynew text begin under chapter
144Gnew text end .
(g) "Resident" means a person 18 years of age or older residing in a facility.
(h) "Resident representative" means one of the following in the order of priority listed,
to the extent the person may reasonably be identified and located:
(1) a court-appointed guardian;
(2) a health care agent as defined in section 145C.01, subdivision 2; or
(3) a person who is not an agent of a facility or of a home care provider designated in
writing by the resident and maintained in the resident's records on file with the facility.
Sec. 4.
new text begin
[144A.082] AUTOMATIC EXTERNAL DEFIBRILLATOR.
new text end
new text begin
(a) For purposes of this section, "automatic external defibrillator" has the meaning given
in section 403.51, subdivision 1.
new text end
new text begin
(b) A nursing home must:
new text end
new text begin
(1) maintain an automatic external defibrillator in each building on the nursing home
campus where residents may be present;
new text end
new text begin
(2) ensure each automatic external defibrillator is maintained and regularly tested
according to the manufacturer's recommendations; and
new text end
new text begin
(3) as part of initial orientation and annually thereafter, ensure all nursing home personnel
receive training in cardiopulmonary resuscitation, the use of automatic external defibrillators,
the nursing home's process for checking a resident's code status before initiating lifesaving
measures, and requesting emergency medical assistance as soon as practicable after an
automatic external defibrillator is used.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 5.
new text begin
[144A.104] PROHIBITED CONDITION FOR ADMISSION OR CONTINUED
RESIDENCE.
new text end
new text begin
A nursing home is prohibited from requiring a current or prospective resident to have
or obtain a guardian or conservator as a condition of admission to or continued residence
in the nursing home.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 6.
Minnesota Statutes 2024, section 144A.161, subdivision 1a, is amended to read:
Subd. 1a.
Scope.
Where a facility is undertaking a closure, reduction, or change in
operations, deleted text begin or where a housing with services unit registered under chapter 144D is closed
because the space that it occupies is being replaced by a nursing facility bed that is being
reactivated from layaway status,deleted text end the facility and the county social services agency must
comply with the requirements of this section.
Sec. 7.
Minnesota Statutes 2024, section 144A.472, subdivision 5, is amended to read:
Subd. 5.
Changes in ownership.
(a) A home care license issued by the commissioner
may not be transferred to another party. Before acquiring ownership of or a controlling
interest in a home care provider business, a prospective owner must apply for a new license.
A change of ownership is a transfer of operational control of the home care provider business
and includes:
(1) transfer of the business to a different or new corporation;
(2) in the case of a partnership, the dissolution or termination of the partnership under
chapter 323A, with the business continuing by a successor partnership or other entity;
(3) relinquishment of control of the provider to another party, including to a contract
management firm that is not under the control of the owner of the business' assets;
(4) transfer of the business by a sole proprietor to another party or entity; or
(5) transfer of ownership or control of 50 percent or more of the controlling interest of
a home care provider business not covered by clauses (1) to (4).
(b) An employee who was employed by the previous owner of the home care provider
business prior to the effective date of a change in ownership under paragraph (a), and who
will be employed by the new owner in the same or a similar capacity, shall be treated as if
no change in employer occurred, with respect to orientation, training, tuberculosis testing,
background studies, and competency testing and training on the policies identified in
subdivision 1, clause (14), and subdivision 2, if applicable.
(c) Notwithstanding paragraph (b), a new owner of a home care provider business must
ensure that employees of the provider receive and complete training and testing on any
provisions of policies that differ from those of the previous owner within 90 days after the
date of the change in ownership.
new text begin
(d) After a change of ownership, the new licensee is responsible for any outstanding
fines and any fines assessed following the effective date of the change of ownership.
Additionally, the new licensee is responsible for bringing the facility into compliance with
all existing ordered, imposed, or agreed-upon corrections and conditions.
new text end
Sec. 8.
Minnesota Statutes 2025 Supplement, section 144A.474, subdivision 11, is amended
to read:
Subd. 11.
Fines.
(a) Fines and enforcement actions under this subdivision may be assessed
based on the level and scope of the violations described in paragraph (b) and imposed
immediately with no opportunity to correct the violation first as follows:
(1) Level 1, no fines or enforcement;
(2) Level 2, a fine of $500 per violation, in addition to any of the enforcement
mechanisms authorized in section 144A.475;
(3) Level 3, a fine of $1,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;
(4) Level 4, a fine of $3,000 per incident, in addition to any of the enforcement
mechanisms authorized in section 144A.475;
(5) Level 5, a fine of $5,000 per violation, in addition to any enforcement mechanism
authorized in section 144A.475; and
(6) for maltreatment violations for which the licensee was determined to be responsible
for the maltreatment under section 626.557, subdivision 9c, paragraph (c), a fine of $1,000.
A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible
for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury.
The fines in clauses (1) to (5) are increased and immediate fine imposition is authorized
for both surveys and investigations conducted.
When a fine is assessed against a facility for substantiated maltreatment, the commissioner
shall not also impose an immediate fine under this chapter for the same circumstance.
(b) Correction orders for violations are categorized by both level and scope and fines
shall be assessed as follows:
(1) level of violation:
(i) Level 1 is a violation that will cause only minimal impact on the client and does not
affect health or safety;
(ii) Level 2 is a violation that did not harm a client's health or safety but had the potential
to have harmed a client's health or safety, but was not likely to cause serious injury,
impairment, or death;
(iii) Level 3 is a violation that harmed a client's health or safety, or a violation that had
the potential to cause more than minimal harm to the client;
(iv) Level 4 is a violation that harmed a client's health or safety, not including serious
injury or death, or a violation that was likely to lead to serious injury or death; and
(v) Level 5 is a violation that results in serious injury or death; and
(2) scope of violation:
(i) isolated, when one or a limited number of clients are affected or one or a limited
number of staff are involved or the situation has occurred only occasionally;
(ii) pattern, when more than a limited number of clients are affected, more than a limited
number of staff are involved, or the situation has occurred repeatedly but is not found to be
pervasive; and
(iii) widespread, when problems are pervasive or represent a systemic failure that has
affected or has the potential to affect a large portion or all of the clients.
(c) If the commissioner finds that the applicant or a home care provider has not corrected
violations by the date specified in the correction order or conditional license resulting from
a survey or complaint investigation, the commissioner shall provide a notice of
noncompliance with a correction order by email to the applicant's or provider's last known
email address. The noncompliance notice must list the violations not corrected.
(d) For every violation identified by the commissioner, the commissioner shall issue an
immediate fine pursuant to paragraph (a). The license holder must still correct the violation
in the time specified. The issuance of an immediate fine can occur in addition to any
enforcement mechanism authorized under section 144A.475. The immediate fine may be
appealed as allowed under this subdivision.
(e) The license holder must pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies by paying the fine. A
timely appeal shall stay payment of the fine until the commissioner issues a final order.
(f) A license holder shall promptly notify the commissioner in writing when a violation
specified in the order is corrected. If upon reinspection the commissioner determines that
a violation has not been corrected as indicated by the order, the commissioner may issue a
second fine. The commissioner shall notify the license holder by mail to the last known
address in the licensing record that a second fine has been assessed. The license holder may
appeal the second fine as provided under this subdivision.
(g) A home care provider that has been assessed a fine under this subdivision has a right
to a reconsideration or a hearing under this section and chapter 14.
(h) When a fine has been assessed, the license holder may not avoid payment by closingdeleted text begin ,
selling, or otherwise transferring the licensed program to a third partydeleted text end new text begin the licensenew text end . In such
an event, the license holder shall be liable for payment of the fine.new text begin In the event of a change
of ownership, the new licensee is responsible for any outstanding fines and any fines assessed
following the effective date of the change of ownership regardless of the date of the violation.
new text end
(i) In addition to any fine imposed under this section, the commissioner may assess a
penalty amount based on costs related to an investigation that results in a final order assessing
a fine or other enforcement action authorized by this chapter.
(j) Fines collected under paragraph (a) shall be deposited in a dedicated special revenue
account. On an annual basis, the balance in the special revenue account shall be appropriated
to the commissioner to implement the recommendations of the advisory council established
in section 144A.4799. The commissioner must publish on the department's website an annual
report on the fines assessed and collected, and how the appropriated money was allocated.
Sec. 9.
Minnesota Statutes 2024, section 144A.72, subdivision 2, is amended to read:
Subd. 2.
Penalties.
new text begin (a)new text end Failure to comply with this section shall subject the supplemental
nursing services agency to revocation or nonrenewal of its registration. Violations of section
144A.74 are subject to a fine equal to 200 percent of the amount billed or received in excess
of the maximum permitted under that section.
new text begin
(b) The commissioner may request and must be given access to relevant information,
records, incident reports, or other documents in the possession of a registered supplemental
nursing services agency if considered necessary by the commissioner for verification
purposes. If access is denied, the commissioner may bring enforcement action.
new text end
Sec. 10.
Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:
new text begin Subd. 26a. new text end
new text begin Imminent risk. new text end
new text begin
"Imminent risk" means an immediate and impending threat
to the health, safety, or rights of an individual.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 11.
Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:
new text begin Subd. 54a. new text end
new text begin Prone restraint. new text end
new text begin
"Prone restraint" means the use of manual restraint that
places a resident in a face-down position. Prone restraint does not include the brief physical
holding of a resident who, during an emergency use of a manual restraint, rolls into a prone
position and as quickly as possible the resident is restored to a standing, sitting, or side-lying
position.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 12.
Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:
new text begin Subd. 61a. new text end
new text begin Restraint. new text end
new text begin
"Restraint" means:
new text end
new text begin
(1) chemical restraint, as defined in section 245D.02, subdivision 3b;
new text end
new text begin
(2) manual restraint, as defined in section 245D.02, subdivision 15a;
new text end
new text begin
(3) mechanical restraint, as defined in section 245D.02, subdivision 15b; or
new text end
new text begin
(4) any other form of restraint that limits the free and normal movement of body or
limbs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 13.
Minnesota Statutes 2024, section 144G.19, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Correction orders and fines. new text end
new text begin
After a change of ownership, the new licensee
is responsible for any outstanding fines and any fines assessed following the effective date
of the change of ownership regardless of the date of the violation. Additionally, the new
licensee is responsible for bringing the facility into compliance with all existing ordered,
imposed, or agreed-upon corrections and conditions.
new text end
Sec. 14.
Minnesota Statutes 2024, section 144G.31, subdivision 6, is amended to read:
Subd. 6.
Payment of fines required.
When a fine has been assessed, the licensee may
not avoid payment by closingdeleted text begin , selling, or otherwise transferring the license to a third partydeleted text end new text begin
the licensenew text end . In such an event, the licensee shall be liable for payment of the fine.new text begin In the event
of a change of ownership, the new licensee is responsible for any outstanding fines and any
fines assessed following the effective date of the change of ownership regardless of the date
of the violation.
new text end
Sec. 15.
Minnesota Statutes 2024, section 144G.40, subdivision 2, is amended to read:
Subd. 2.
Uniform checklist disclosure of new text begin information and new text end services.
(a) All assisted
living facilities must provide to prospective residents:
(1) a disclosure of the categories of assisted living licenses available and the category
of license held by the facility;
(2) a written checklist listing all services permitted under the facility's license, identifying
all services the facility offers to provide under the assisted living facility contract, and
identifying all services allowed under the license that the facility does not provide; deleted text begin and
deleted text end
(3) an oral explanation of the services offered under the contractdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a copy of the most recent Department of Health survey of the facility;
new text end
new text begin
(5) a list of all correction orders issued against and fines imposed on the facility in the
previous three years and the results of all complaint investigations concerning the facility
in the previous three years; and
new text end
new text begin
(6) the website for the Department of Human Services and Board on Aging assisted
living report card.
new text end
(b) The requirements of paragraph (a) must be completed prior to the execution of the
assisted living contract.
(c) The commissioner must, in consultation with all interested stakeholders, design the
uniform checklist disclosure form for use as provided under paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 16.
Minnesota Statutes 2024, section 144G.41, subdivision 1, is amended to read:
Subdivision 1.
Minimum requirements.
All assisted living facilities shall:
(1) distribute to residents the assisted living bill of rights;
(2) provide services in a manner that complies with the Nurse Practice Act in sections
148.171 to 148.285;
(3) utilize a person-centered planning and service delivery process;
(4) have and maintain a system for delegation of health care activities to unlicensed
personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by the Nurse Practice Act in sections 148.171 to 148.285;
(5) provide a means for residents to request assistance for health and safety needs 24
hours per day, seven days per weeknew text begin , and maintain a log of resident requests for assistance
and staff responses including, for each request, the time that elapsed between the resident's
communication of the request and the staff response. The facility must retain a log for at
least five years after the most recent request and response in the lognew text end ;
(6) allow residents the ability to furnish and decorate the resident's unit within the terms
of the assisted living contract;
(7) permit residents access to food at any time;
(8) allow residents to choose the resident's visitors and times of visits;
(9) allow the resident the right to choose a roommate if sharing a unit;
(10) notify the resident of the resident's right to have and use a lockable door to the
resident's unit. The licensee shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible. An assisted living facility must not lock a resident
in the resident's unit;
(11) develop and implement a staffing plan for determining its staffing level that:
(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness
of staffing levels in the facility;
(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably
foreseeable unscheduled needs of each resident as required by the residents' assessments
and service plans on a 24-hour per day basis; and
(iii) ensures that the facility can respond promptly and effectively to individual resident
emergencies and to emergency, life safety, and disaster situations affecting staff or residents
in the facility;
(12) ensure that one or more persons are available 24 hours per day, seven days per
week, who are responsible for responding to the requests of residents for assistance with
health or safety needs. Such persons must be:
(i) awake;
(ii) located in the same building, in an attached building, or on a contiguous campus
with the facility in order to respond within a reasonable amount of time;
(iii) capable of communicating with residents;
(iv) capable of providing or summoning the appropriate assistance; and
(v) capable of following directions; and
(13) provide staff access to an on-call registered nurse 24 hours per day, seven days per
weeknew text begin ;
new text end
new text begin
(14) ensure a plan to immediately attend to resident needs in a medical emergency is
implemented; and
new text end
new text begin (15) ensure that a person trained in emergency medical response is on site 24 hours per
day, seven days per weeknew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2026.
new text end
Sec. 17.
Minnesota Statutes 2024, section 144G.41, subdivision 2, is amended to read:
Subd. 2.
Policies and procedures.
new text begin (a) new text end Each assisted living facility must have policies
and procedures in place to address the following deleted text begin and keep them currentdeleted text end :
(1) requirements in section 626.557, reporting of maltreatment of vulnerable adults;
(2) conducting and handling background studies on employees;
(3) orientation, training, and competency evaluations of staff, and a process for evaluating
staff performance;
(4) handling complaints regarding staff or services provided by staff;
(5) conducting initial evaluations of residents' needs and the providers' ability to provide
those services;
(6) conducting initial and ongoing resident evaluations and assessments of resident
needs, including assessments by a registered nurse or appropriate licensed health professional,
and how changes in a resident's condition are identified, managed, and communicated to
staff and other health care providers as appropriate;
(7) orientation to and implementation of the assisted living bill of rights;
(8) infection control practices;
(9) reminders for medications, treatments, or exercises, if provided;
(10) conducting appropriate screenings, or documentation of prior screenings, to show
that staff are free of tuberculosis, consistent with current United States Centers for Disease
Control and Prevention standards;
(11) ensuring that nurses and licensed health professionals have current and valid licenses
to practice;
(12) medication and treatment management;
(13) delegation of tasks by registered nurses or licensed health professionals;
(14) supervision of registered nurses and licensed health professionals; deleted text begin and
deleted text end
(15) supervision of unlicensed personnel performing delegated tasksdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(16) emergency medical procedures initiated when a resident is experiencing a medical
emergency event, including but not limited to a resident falling, having a heart event, having
difficulty breathing, bleeding, or choking.
new text end
new text begin
(b) Each assisted living facility must keep all policies and procedures current and make
them available to a resident or the resident's representative upon request. Policies and
procedures covering emergency medical situations must be provided to prospective residents
before admission to an assisted living facility and provided to current residents at the time
of a nursing assessment as required under section 144G.70, subdivision 2.
new text end
Sec. 18.
Minnesota Statutes 2024, section 144G.41, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Automatic external defibrillator. new text end
new text begin
(a) For purposes of this subdivision,
"automatic external defibrillator" has the meaning given in section 403.51, subdivision 1.
new text end
new text begin
(b) A facility must:
new text end
new text begin
(1) maintain an automatic external defibrillator in each building on the assisted living
facility campus where residents may be present; and
new text end
new text begin
(2) ensure each automatic external defibrillator is maintained and regularly tested
according to the manufacturer's recommendations.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 19.
new text begin
[144G.505] PROHIBITED CONDITION OF ADMISSION OR CONTINUED
RESIDENCE.
new text end
new text begin
An assisted living facility is prohibited from requiring a current or prospective resident
to have or obtain a guardian or conservator as a condition of admission to or continued
residence in the assisted living facility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 20.
Minnesota Statutes 2024, section 144G.61, subdivision 2, is amended to read:
Subd. 2.
Training and evaluation of unlicensed personnel.
(a) Training and competency
evaluations for all unlicensed personnel must include the following:
(1) documentation requirements for all services provided;
(2) reports of changes in the resident's condition to the supervisor designated by the
facility;
(3) basic infection control, including blood-borne pathogens;
(4) maintenance of a clean and safe environment;
(5) appropriate and safe techniques in personal hygiene and grooming, including:
(i) hair care and bathing;
(ii) care of teeth, gums, and oral prosthetic devices;
(iii) care and use of hearing aids; and
(iv) dressing and assisting with toileting;
(6) training on the prevention of falls;
(7) standby assistance techniques and how to perform them;
(8) medication, exercise, and treatment reminders;
(9) basic nutrition, meal preparation, food safety, and assistance with eating;
(10) preparation of modified diets as ordered by a licensed health professional;
(11) communication skills that include preserving the dignity of the resident and showing
respect for the resident and the resident's preferences, cultural background, and family;
(12) awareness of confidentiality and privacy;
(13) understanding appropriate boundaries between staff and residents and the resident's
family;
(14) procedures to use in handling various emergency situations; deleted text begin and
deleted text end
(15) awareness of commonly used health technology equipment and assistive devicesdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(16) procedures to use in handling various emergency medical situations, including but
not limited to a resident falling, having a heart event, having difficulty breathing, bleeding,
or choking.
new text end
(b) In addition to paragraph (a), training and competency evaluation for unlicensed
personnel providing assisted living services must include:
(1) observing, reporting, and documenting resident status;
(2) basic knowledge of body functioning and changes in body functioning, injuries, or
other observed changes that must be reported to appropriate personnel;
(3) reading and recording temperature, pulse, and respirations of the resident;
(4) recognizing physical, emotional, cognitive, and developmental needs of the resident;
(5) safe transfer techniques and ambulation;
(6) range of motioning and positioning; and
(7) administering medications or treatments as required.
Sec. 21.
Minnesota Statutes 2024, section 144G.63, subdivision 2, is amended to read:
Subd. 2.
Content of required orientation.
(a) The orientation must contain the following
topics:
(1) an overview of this chapter;
(2) an introduction and review of the facility's policies and procedures related to the
provision of assisted living services by the individual staff person;
(3) handling of emergencies and use of emergency services;
(4) compliance with and reporting of the maltreatment of vulnerable adults under section
626.557 to the Minnesota Adult Abuse Reporting Center (MAARC);
(5) the assisted living bill of rights and staff responsibilities related to ensuring the
exercise and protection of those rights;
(6) the principles of person-centered planning and service delivery and how they apply
to direct support services provided by the staff person;
(7) handling of residents' complaints, reporting of complaints, and where to report
complaints, including information on the Office of Health Facility Complaints;
(8) consumer advocacy services of the Office of Ombudsman for Long-Term Care,
Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care
Ombudsman at the Department of Human Services, county-managed care advocates, or
other relevant advocacy services; deleted text begin and
deleted text end
(9) a review of the types of assisted living services the staff member will be providing
and the facility's category of licensuredeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(10) cardiopulmonary resuscitation, the use of automatic external defibrillators, the
facility's process for checking a resident's code status before initiating lifesaving measures,
and requesting emergency medical assistance as soon as practicable after an automatic
external defibrillator is used.
new text end
(b) In addition to the topics in paragraph (a), orientation may also contain training on
providing services to residents with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research based, may include online training,
and must include training on one or more of the following topics:
(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and the challenges it poses to communication;
(2) health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or
(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 22.
Minnesota Statutes 2024, section 144G.63, subdivision 5, is amended to read:
Subd. 5.
Required annual training.
(a) All staff that perform direct services must
complete at least eight hours of annual training for each 12 months of employment. The
training may be obtained from the facility or another source and must include topics relevant
to the provision of assisted living services. The annual training must include:
(1) training on reporting of maltreatment of vulnerable adults under section 626.557;
(2) review of the assisted living bill of rights and staff responsibilities related to ensuring
the exercise and protection of those rights;
(3) review of infection control techniques used in the home and implementation of
infection control standards including a review of hand washing techniques; the need for and
use of protective gloves, gowns, and masks; appropriate disposal of contaminated materials
and equipment, such as dressings, needles, syringes, and razor blades; disinfecting reusable
equipment; disinfecting environmental surfaces; and reporting communicable diseases;
(4) effective approaches to use to problem solve when working with a resident's
challenging behaviors, and how to communicate with residents who have dementia,
Alzheimer's disease, or related disorders;
(5) review of the facility's policies and procedures relating to the provision of assisted
living services and how to implement those policies and procedures; deleted text begin and
deleted text end
(6) the principles of person-centered planning and service delivery and how they apply
to direct support services provided by the staff persondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) cardiopulmonary resuscitation, the use of automatic external defibrillators, the
facility's process for checking a resident's code status before initiating lifesaving measures,
and requesting emergency medical assistance as soon as practicable after an automatic
external defibrillator is used.
new text end
(b) In addition to the topics in paragraph (a), annual training may also contain training
on providing services to residents with hearing loss. Any training on hearing loss provided
under this subdivision must be high quality and research based, may include online training,
and must include training on one or more of the following topics:
(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence,
and challenges it poses to communication;
(2) the health impacts related to untreated age-related hearing loss, such as increased
incidence of dementia, falls, hospitalizations, isolation, and depression; or
(3) information about strategies and technology that may enhance communication and
involvement, including communication strategies, assistive listening devices, hearing aids,
visual and tactile alerting devices, communication access in real time, and closed captions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 23.
Minnesota Statutes 2024, section 144G.63, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Orientation and annual training; other staff. new text end
new text begin
(a) All staff who are not subject
to the orientation requirements in subdivisions 1 and 2 must complete an orientation on the
topics specified under paragraph (b) within 160 hours of the employment start date. All
staff who are not subject to the annual training requirements in subdivision 5 must complete
annual training on the topics specified under paragraph (b).
new text end
new text begin
(b) The orientation and annual training must include training on cardiopulmonary
resuscitation, the use of automatic external defibrillators, the facility's process for checking
a resident's code status before initiating lifesaving measures, and requesting emergency
medical assistance as soon as practicable after an automatic external defibrillator is used.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026.
new text end
Sec. 24.
new text begin
[144G.65] TRAINING IN EMERGENCY MANUAL RESTRAINTS.
new text end
new text begin Subdivision 1. new text end
new text begin Training. new text end
new text begin
A licensee must ensure that staff who are authorized to apply
an emergency use of a manual restraint complete a minimum of four hours of training from
a qualified individual prior to assuming these responsibilities. Training must include:
new text end
new text begin
(1) types of behaviors and de-escalation techniques and their value;
new text end
new text begin
(2) principles of person-centered planning and service delivery as identified in section
245D.07, subdivision 1a, paragraph (b);
new text end
new text begin
(3) what constitutes the use of a restraint;
new text end
new text begin
(4) staff responsibilities related to: (i) prohibited procedures under section 144G.85; (ii)
why prohibited procedures are not effective for reducing or eliminating symptoms or
interfering behavior; and (iii) why prohibited procedures are not safe;
new text end
new text begin
(5) the situations when staff must contact 911 services in response to an imminent risk
of harm to the resident or others; and
new text end
new text begin
(6) strategies for respecting and supporting each resident's cultural preferences.
new text end
new text begin Subd. 2. new text end
new text begin Annual refresher training. new text end
new text begin
The licensee must ensure that staff who apply an
emergency use of a manual restraint complete two hours of refresher training on an annual
basis covering each of the training areas listed in subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Implementation. new text end
new text begin
The assisted living facility must implement all orientation
and training topics covered in this section.
new text end
new text begin Subd. 4. new text end
new text begin Verification and documentation of orientation and training. new text end
new text begin
For staff who
are authorized to apply an emergency use of a manual restraint, the assisted living facility
must retain evidence in the employee record of each staff person having completed the
orientation and training under this section.
new text end
new text begin Subd. 5. new text end
new text begin Exemption. new text end
new text begin
This section does not apply to licensees who have a policy
prohibiting the use of restraints.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 25.
new text begin
[144G.85] USE OF RESTRAINTS.
new text end
new text begin Subdivision 1. new text end
new text begin Use of restraints prohibited. new text end
new text begin
Restraints are prohibited except as described
in subdivisions 2 and 4.
new text end
new text begin Subd. 2. new text end
new text begin Exception. new text end
new text begin
(a) Emergency use of a manual restraint is permitted only when
immediate intervention is needed to protect the resident or others from imminent risk of
physical harm and is the least restrictive intervention to address the risk. The restraint must
be imposed for the least amount of time necessary and removed when there is no longer
imminent risk of physical harm to the resident or other persons in the facility. The use of
restraint under this subdivision must:
new text end
new text begin
(1) take into consideration the rights, health, and welfare of the resident;
new text end
new text begin
(2) not apply pressure to the back or chest while a resident is in a prone, supine, or
side-lying position; and
new text end
new text begin
(3) allow the resident to be free from prone restraint.
new text end
new text begin
(b) This section does not apply when a resident, or the resident's legal representative or
family member acting on the resident's behalf, chooses after being informed of the facility's
policy prohibiting the use of restraints to utilize a bed rail or other device that may constitute
a restraint. The facility must document that the resident, or the resident's representative or
family member acting on the resident's behalf, received information regarding the facility's
policy and the risks of using the device and voluntarily elected to utilize the device.
new text end
new text begin Subd. 3. new text end
new text begin Documentation and notification. new text end
new text begin
(a) The resident's legal representative must
be notified within 24 hours of an emergency use of a manual restraint and of the
circumstances that prompted the use. Notification of an emergency use of a manual restraint
must be documented. If known, the advanced practice registered nurse, physician, or
physician assistant must be notified within 24 hours of an emergency use of a manual
restraint.
new text end
new text begin
(b) On a form developed by the commissioner, the facility must notify the commissioner
and the ombudsman for long-term care within seven calendar days of an emergency use of
a manual restraint, including when any restraint is first applied or ordered. The commissioner
will monitor reported uses to detect overuse or unauthorized, inappropriate, or ineffective
use of the restraint. The form must include:
new text end
new text begin
(1) the name and date of birth of the resident;
new text end
new text begin
(2) the date and time of the use of the restraint;
new text end
new text begin
(3) the names of staff and any residents who were involved in the incident leading up
to the emergency use of a manual restraint;
new text end
new text begin
(4) a description of the incident, including the length of time the restraint was applied
and who was present before and during the incident leading up to the emergency use of a
manual restraint;
new text end
new text begin
(5) a description of what less restrictive alternative measures were attempted to de-escalate
the incident and maintain safety that identifies when, how, and for how long the alternative
measures were attempted before the emergency use of a manual restraint was implemented;
new text end
new text begin
(6) a description of the mental, physical, and emotional condition of the resident who
was restrained and of other persons involved in the incident leading up to, during, and
following the emergency use of a manual restraint;
new text end
new text begin
(7) whether there was any injury to the resident who was restrained or other persons
involved in the incident, including staff, before or as a result of the emergency use of a
manual restraint; and
new text end
new text begin
(8) whether there was a debriefing following the incident with the staff, and, if not
contraindicated, with the resident who was restrained and other persons who were involved
in or who witnessed the emergency use of a manual restraint, and the outcome of the
debriefing. If the debriefing was not conducted at the time the incident report was made,
the form should identify whether a debriefing is planned and a plan for mitigating use of
restraints in the future.
new text end
new text begin
(c) A copy of the form submitted under paragraph (b) must be maintained in the resident's
record.
new text end
new text begin
(d) A copy of the form submitted under paragraph (b) must be sent to the resident's
waiver case manager within seven calendar days of an emergency use of manual restraints.
An emergency use of manual restraints on people served under section 256B.49 and chapter
256S must be documented by the case manager in the resident's support plan, as defined in
sections 256B.49, subdivision 15, and 256S.10.
new text end
new text begin
(e) The use of restraints by law enforcement officers or other emergency personnel acting
in a licensed capacity does not require the facility to comply with the requirements of this
subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Ordered treatment. new text end
new text begin
Any use of a restraint, other than an emergency use of a
manual restraint to address an imminent risk, must be the least restrictive option and comply
with the requirements for an ordered treatment under section 144G.72.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2027.
new text end
Sec. 26.
Minnesota Statutes 2024, section 157.17, subdivision 2, is amended to read:
Subd. 2.
Registration.
At the time of licensure or license renewal, a boarding and lodging
establishment or a lodging establishment that provides supportive services or health
supervision services must be registered with the commissioner, and must register annually
thereafter. The registration must include the name, address, and telephone number of the
establishment, the name of the operator, the types of services that are being provided, a
description of the residents being served, the type and qualifications of staff in the facility,
and other information that is necessary to identify the needs of the residents and the types
of services that are being provided. The commissioner shall develop and furnish to the
boarding and lodging establishment or lodging establishment the necessary form for
submitting the registration.
deleted text begin
Housing with services establishments registered under chapter 144D shall be considered
registered under this section for all purposes except that:
deleted text end
deleted text begin
(1) the establishments shall operate under the requirements of chapter 144D; and
deleted text end
deleted text begin
(2) the criminal background check requirements of sections 299C.66 to 299C.71 apply.
The criminal background check requirements of section 144.057 apply only to personnel
providing home care services under sections 144A.43 to 144A.47 and personnel providing
hospice care under sections 144A.75 to 144A.755.
deleted text end
Sec. 27.
Minnesota Statutes 2024, section 157.17, subdivision 5, is amended to read:
Subd. 5.
Services that may not be provided in a boarding and lodging establishment
or lodging establishment.
deleted text begin Except those facilities registered under chapter 144D,deleted text end A boarding
and lodging establishment or lodging establishment may not admit or retain individuals
who:
(1) would require assistance from establishment staff because of the following needs:
bowel incontinence, catheter care, use of injectable or parenteral medications, wound care,
or dressing changes or irrigations of any kind; or
(2) require a level of care and supervision beyond supportive services or health
supervision services.
Sec. 28.
Minnesota Statutes 2024, section 295.50, subdivision 4, is amended to read:
Subd. 4.
Health care provider.
(a) "Health care provider" means:
(1) a person whose health care occupation is regulated or required to be regulated by
the state of Minnesota furnishing any or all of the following goods or services directly to a
patient or consumer: medical, surgical, optical, visual, dental, hearing, nursing services,
drugs, laboratory, diagnostic or therapeutic services;
(2) a person who provides goods and services not listed in clause (1) that qualify for
reimbursement under the medical assistance program provided under chapter 256B;
(3) a staff model health plan company;
(4) an ambulance service required to be licensed;
(5) a person who sells or repairs hearing aids and related equipment or prescription
eyewear; or
(6) a person providing patient services, who does not otherwise meet the definition of
health care provider and is not specifically excluded in clause (b), who employs or contracts
with a health care provider as defined in clauses (1) to (5) to perform, supervise, otherwise
oversee, or consult with regarding patient services.
(b) Health care provider does not include:
(1) hospitals; medical supplies distributors, except as specified under paragraph (a),
clause (5); nursing homes licensed under chapter 144A or licensed in any other jurisdiction;
wholesale drug distributors; pharmacies; surgical centers; bus and taxicab transportation,
or any other providers of transportation services other than ambulance services required to
be licensed; supervised living facilities for persons with developmental disabilities, licensed
under Minnesota Rules, parts 4665.0100 to 4665.9900; deleted text begin housing with services establishments
required to be registered under chapter 144D;deleted text end board and lodging establishments providing
only custodial services that are licensed under chapter 157 and registered under section
157.17 to provide supportive services or health supervision services; adult foster homes as
defined in Minnesota Rules, part 9555.5105; day training and habilitation services for adults
with developmental disabilities as defined in section 252.41, subdivision 3; boarding care
homes, as defined in Minnesota Rules, part 4655.0100; and adult day care centers as defined
in Minnesota Rules, part 9555.9600;
(2) home health agencies as defined in Minnesota Rules, part 9505.0175, subpart 15; a
person providing personal care new text begin assistance new text end services and supervision of personal care new text begin assistance
new text end services as defined in deleted text begin Minnesota Rules, part 9505.0335deleted text end new text begin section 256B.0625, subdivision
19anew text end ; a person providing home care nursing services as defined in Minnesota Rules, part
9505.0360; and home care providers required to be licensed under chapter 144A for home
care services provided under chapter 144A;
(3) a person who employs health care providers solely for the purpose of providing
patient services to its employees;
(4) an educational institution that employs health care providers solely for the purpose
of providing patient services to its students if the institution does not receive fee for service
payments or payments for extended coverage; and
(5) a person who receives all payments for patient services from health care providers,
surgical centers, or hospitals for goods and services that are taxable to the paying health
care providers, surgical centers, or hospitals, as provided under section 295.53, subdivision
1, paragraph (b), clause (3) or (4), or from a source of funds that is excluded or exempt from
tax under sections 295.50 to 295.59.
Sec. 29.
Minnesota Statutes 2025 Supplement, section 295.50, subdivision 9b, is amended
to read:
Subd. 9b.
Patient services.
(a) "Patient services" means inpatient and outpatient services
and other goods and services provided by hospitals, surgical centers, or health care providers.
They include the following health care goods and services provided to a patient or consumer:
(1) bed and board;
(2) nursing services and other related services;
(3) use of hospitals, surgical centers, or health care provider facilities;
(4) medical social services;
(5) drugs, biologicals, supplies, appliances, and equipment;
(6) other diagnostic or therapeutic items or services;
(7) medical or surgical services;
(8) items and services furnished to ambulatory patients not requiring emergency care;
and
(9) emergency services.
(b) "Patient services" does not include:
(1) services provided to nursing homes licensed under chapter 144A;
(2) examinations for purposes of utilization reviews, insurance claims or eligibility,
litigation, and employment, including reviews of medical records for those purposes;
(3) services provided to and by community residential mental health facilities licensed
under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by
residential treatment programs for children with a serious mental illness licensed or certified
under chapter 245A;
(4) services provided under the following programs: day treatment services as defined
in section 245.462, subdivision 8; assertive community treatment as described in section
256B.0622; adult rehabilitative mental health services as described in section 256B.0623;
crisis response services as described in section 256B.0624; and children's therapeutic services
and supports as described in section 256B.0943;
(5) services provided to and by community mental health centers as defined in section
245.62, subdivision 2;
(6) services provided to and by assisted living programs and congregate housing
programs;
(7) hospice care services;
(8) home and community-based waivered services under chapter 256S and sections
256B.49 and 256B.501;
(9) targeted case management services under sections 256B.0621; 256B.0625,
subdivisions 20, 20a, 33, and 44; and 256B.094; and
(10) services provided to the following: supervised living facilities for persons with
developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
deleted text begin housing with services establishments required to be registered under chapter deleted text end deleted text begin 144Ddeleted text end deleted text begin ;deleted text end board
and lodging establishments providing only custodial services that are licensed under chapter
157 and registered under section 157.17 to provide supportive services or health supervision
services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training
and habilitation services for adults with developmental disabilities as defined in section
252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100;
adult day care services as defined in section 245A.02, subdivision 2a; and home health
agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under
chapter 144A.
Sec. 30.
new text begin
[340A.4015] NURSING HOMES, BOARDING CARE HOMES, AND
ASSISTED LIVING FACILITIES; WHEN LICENSE NOT REQUIRED.
new text end
new text begin
(a) A nursing home as defined in section 144A.01, subdivision 5, a boarding care home
as defined in Minnesota Rules, chapter 4655, or an assisted living facility as defined in
section 144G.08, subdivision 7, collectively known as "facility" or "facilities", is not required
to obtain a license or permit under this chapter for the service of intoxicating liquor on its
premise, subject to the following:
new text end
new text begin
(1) the facility must submit notice to the commissioner of its intent to allow the service
of intoxicating liquor under this section;
new text end
new text begin
(2) the facility must hold the license or licenses required by the commissioner of health
to be a valid licensed facility;
new text end
new text begin
(3) intoxicating liquor may only be served to or by the residents of the facility and their
guests, when the guests are physically accompanied by a resident for the entirety of the
service;
new text end
new text begin
(4) the service of intoxicating liquor may only occur at activities or events conducted
primarily for residents of the facility and their invited guests, and only within the licensed
facility or on its property;
new text end
new text begin
(5) intoxicating liquor may not be sold, offered for sale, or otherwise provided for any
form of consideration; and
new text end
new text begin
(6) facilities are subject to all other provisions and requirements of this chapter and its
applicable rules, not inconsistent with this section.
new text end
new text begin
(b) A facility allowing the service of intoxicating liquor under this section is open for
inspection by the commissioner and the commissioner's representative and by peace officers,
who may enter and inspect during reasonable hours.
new text end
new text begin
(c) Facilities operating under this section are subject to the requirements and penalties
outlined in section 340A.415 in the same manner as if they were a license or permit holder.
new text end
new text begin
(d) The commissioner may take enforcement action as provided in section 340A.415
against any facility operating under this section for any violation of this section and any
other provision of this chapter and Minnesota Rules, chapter 7515, not inconsistent with
this section, including service to an obviously intoxicated person, unlawful furnishing,
underage access or consumption, unlawful possession, unlawful storage, or other
alcohol-related violations.
new text end
new text begin
(e) The commissioner may prohibit service and require corrective action plans or
mandatory training for staff prior to a facility resuming operation under this section.
new text end
new text begin
(f) The commissioner may refer any pattern of unsafe service, health risk associated
with alcohol service or storage, or failure to comply with this section to the commissioner
of health for investigation.
new text end
new text begin
(g) Nothing in this section limits or otherwise affects criminal enforcement under this
chapter or any other law against a facility or any person.
new text end
APPENDIX
Repealed Minnesota Statutes: S0476-2
245A.04 APPLICATION PROCEDURES.
Subd. 7.
Grant of license; license extension.
(a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license consistent with this section or, if applicable, a temporary change of ownership license under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license and the specific service the license holder is licensed to provide;
(5) the maximum number and ages of persons that may receive services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 4, paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been granted;
(2) been denied a license under this chapter or chapter 142B within the past two years;
(3) had a license issued under this chapter or chapter 142B revoked within the past five years; or
(4) failed to submit the information required of an applicant under subdivision 1, paragraph (f), (g), or (h), after being requested by the commissioner.
When a license issued under this chapter or chapter 142B is revoked, the license holder and each affiliated controlling individual with a revoked license may not hold any license under chapter 245A for five years following the revocation, and other licenses held by the applicant or license holder or licenses affiliated with each controlling individual shall also be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license affiliated with a license holder or controlling individual that had a license revoked within the past five years if the commissioner determines that (1) the license holder or controlling individual is operating the program in substantial compliance with applicable laws and rules and (2) the program's continued operation is in the best interests of the community being served.
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response to an application that is affiliated with an applicant, license holder, or controlling individual that had an application denied within the past two years or a license revoked within the past five years if the commissioner determines that (1) the applicant or controlling individual has operated one or more programs in substantial compliance with applicable laws and rules and (2) the program's operation would be in the best interests of the community to be served.
(g) In determining whether a program's operation would be in the best interests of the community to be served, the commissioner shall consider factors such as the number of persons served, the availability of alternative services available in the surrounding community, the management structure of the program, whether the program provides culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual living in the household where the services will be provided as specified under section 245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside and no variance has been granted.
(i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued under this chapter has been suspended or revoked and the suspension or revocation is under appeal, the program may continue to operate pending a final order from the commissioner. If the license under suspension or revocation will expire before a final order is issued, a temporary provisional license may be issued provided any applicable license fee is paid before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of a controlling individual or license holder, and the controlling individual or license holder is ordered under section 245C.17 to be immediately removed from direct contact with persons receiving services or is ordered to be under continuous, direct supervision when providing direct contact services, the program may continue to operate only if the program complies with the order and submits documentation demonstrating compliance with the order. If the disqualified individual fails to submit a timely request for reconsideration, or if the disqualification is not set aside and no variance is granted, the order to immediately remove the individual from direct contact or to be under continuous, direct supervision remains in effect pending the outcome of a hearing and final order from the commissioner.
(k) Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must comply with the requirements in section 245A.10 and be reissued a new license to operate the program or the program must not be operated after the expiration date. Adult foster care, family adult day services, child foster residence setting, and community residential services license holders must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date. Upon implementation of the provider licensing and reporting hub, licenses may be issued each calendar year.
(l) The commissioner shall not issue or reissue a license under this chapter if it has been determined that a Tribal licensing authority has established jurisdiction to license the program or service.
(m) The commissioner of human services may coordinate and share data with the commissioner of children, youth, and families to enforce this section.
(n) For substance use disorder treatment programs, for the purposes of paragraph (a), clause (5), the maximum number of persons who may receive services from the program includes persons served at satellite locations.
254B.052 PEER RECOVERY SUPPORT SERVICES REQUIREMENTS.
Subd. 6.
Monetary recovery.
Peer recovery support services not provided in accordance with this section are subject to monetary recovery under section 256B.064 as money improperly paid.
256B.051 HOUSING STABILIZATION SERVICES.
Subdivision 1.
Purpose.
Housing stabilization services are established to provide housing stabilization services to an individual with a disability that limits the individual's ability to obtain or maintain stable housing. The services support an individual's transition to housing in the community and increase long-term stability in housing, to avoid future periods of being at risk of homelessness or institutionalization.
Subd. 2.
Definitions.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given.
(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide housing stabilization services and that has the legal responsibility to ensure that its employees carry out the responsibilities defined in this section.
(c) "At-risk of homelessness" means (1) an individual that is faced with a set of circumstances likely to cause the individual to become homeless, or (2) an individual previously homeless, who will be discharged from a correctional, medical, mental health, or treatment center, who lacks sufficient resources to pay for housing and does not have a permanent place to live.
(d) "Commissioner" means the commissioner of human services.
(e) "Employee of an agency" or "employee" means any person who is employed by an agency temporarily, part time, or full time and who performs work for at least 80 hours in a year for that agency in Minnesota. Employee does not include an independent contractor.
(f) "Homeless" means an individual or family lacking a fixed, adequate nighttime residence.
(g) "Individual with a disability" means:
(1) an individual who is aged, blind, or disabled as determined by the criteria used by the title 11 program of the Social Security Act, United States Code, title 42, section 416, paragraph (i), item (1); or
(2) an individual who meets a category of eligibility under section 256D.05, subdivision 1, paragraph (a), clause (1), (4), (5) to (8), or (13).
(h) "Institution" means a setting as defined in section 256B.0621, subdivision 2, clause (3), and the Minnesota Security Hospital as defined in section 253.20.
Subd. 3.
Eligibility.
An individual with a disability is eligible for housing stabilization services if the individual:
(1) is 18 years of age or older;
(2) is enrolled in medical assistance;
(3) has income at or below 150 percent of the federal poverty level;
(4) has an assessment of functional need that determines a need for services due to limitations caused by the individual's disability;
(5) resides in or plans to transition to a community-based setting as defined in Code of Federal Regulations, title 42, section 441.301 (c); and
(6) has housing instability evidenced by:
(i) being homeless or at-risk of homelessness;
(ii) being in the process of transitioning from, or having transitioned in the past six months from, an institution or licensed or registered setting;
(iii) being eligible for waiver services under chapter 256S or section 256B.092 or 256B.49; or
(iv) having been identified by a long-term care consultation under section 256B.0911 as at risk of institutionalization.
Subd. 4.
Assessment requirements.
(a) An individual's assessment of functional need must be conducted by one of the following methods:
(1) an assessor according to the criteria established in section 256B.0911, subdivisions 17 to 21, 23, 24, and 29 to 31, using a format established by the commissioner;
(2) documented need for services as verified by a professional statement of need as defined in section 256I.03, subdivision 12; or
(3) according to the continuum of care coordinated assessment system established in Code of Federal Regulations, title 24, section 578.3, using a format established by the commissioner.
(b) An individual must be reassessed within one year of initial assessment, and annually thereafter.
Subd. 5.
Housing stabilization services.
(a) Housing stabilization services include housing transition services, housing and tenancy sustaining services, housing consultation services, and housing transition costs.
(b) Housing transition services are defined as:
(1) tenant screening and housing assessment;
(2) assistance with the housing search and application process;
(3) identifying resources to cover onetime moving expenses;
(4) ensuring a new living arrangement is safe and ready for move-in;
(5) assisting in arranging for and supporting details of a move; and
(6) developing a housing support crisis plan.
(c) Housing and tenancy sustaining services include:
(1) prevention and early identification of behaviors that may jeopardize continued stable housing;
(2) education and training on roles, rights, and responsibilities of the tenant and the property manager;
(3) coaching to develop and maintain key relationships with property managers and neighbors;
(4) advocacy and referral to community resources to prevent eviction when housing is at risk;
(5) assistance with housing recertification process;
(6) coordination with the tenant to regularly review, update, and modify the housing support and crisis plan; and
(7) continuing training on being a good tenant, lease compliance, and household management.
(d) Housing consultation services assist an individual with developing a person-centered plan when the individual is not eligible to receive person-centered planning through any other service.
(e) Housing transition costs are available to persons transitioning from a provider-controlled setting to the person's own home and include:
(1) security deposits; and
(2) essential furnishings and supplies.
Subd. 6.
Agency qualifications and duties.
An agency is eligible for reimbursement under this section only if the agency:
(1) is confirmed by the commissioner as an eligible provider after a pre-enrollment risk assessment under subdivision 6a;
(2) is enrolled as a medical assistance Minnesota health care program provider and meets all applicable provider standards and requirements;
(3) demonstrates compliance with federal and state laws and policies for housing stabilization services as determined by the commissioner;
(4) complies with background study requirements under chapter 245C and maintains documentation of background study requests and results;
(5) provides at the time of enrollment, reenrollment, and revalidation in a format determined by the commissioner, proof of surety bond coverage for each business location providing services. Upon new enrollment, or if the provider's medical assistance revenue in the previous calendar year is $300,000 or less, the provider agency must purchase a surety bond of $50,000. If the provider's medical assistance revenue in the previous year is over $300,000, the provider agency must purchase a surety bond of $100,000. The surety bond must be in a form approved by the commissioner, must be renewed annually, and must allow for recovery of costs and fees in pursuing a claim on the bond. Any action to obtain monetary recovery or sanctions from a surety bond must occur within six years from the date the debt is affirmed by a final agency decision. An agency decision is final when the right to appeal the debt has been exhausted or the time to appeal has expired under section 256B.064;
(6) directly provides housing stabilization services using employees of the agency and not by using a subcontractor or reporting agent;
(7) ensures all controlling individuals and employees of the agency complete annual vulnerable adult training; and
(8) completes compliance training as required under subdivision 6b.
Subd. 6a.
Pre-enrollment risk assessment.
(a) Prior to enrolling a housing stabilization services agency, the commissioner must complete a pre-enrollment risk assessment of the agency seeking to enroll to confirm the agency's eligibility and the agency's ability to meet the requirements of this section. In completing this assessment, the commissioner must consider:
(1) the potential agency's history of performing services similar to those required by this section;
(2) whether the services require the potential agency to perform duties at a significantly increased scale and, if so, whether the potential agency has the capability and organizational capacity to do so;
(3) the potential agency's financial information and internal controls; and
(4) the potential agency's compliance with other state and federal requirements, including but not limited to debarment and suspension status, and standing with the secretary of state, if applicable.
(b) At any time when completing the pre-enrollment risk assessment, if the commissioner determines that the potential agency does not have a history of performing similar duties, the potential agency does not demonstrate the capability and capacity to perform the duties at the scale and pace required, or the results of the financial information review raise concern, then the commissioner may deem the potential agency ineligible and deny or rescind enrollment. A potential agency may appeal a decision regarding its eligibility in writing within 30 business days. The commissioner must notify each potential agency of the commissioner's final decision regarding its eligibility.
(c) This subdivision is effective July 1, 2025. Any housing stabilization services provider enrolled before July 1, 2025, that billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment on a schedule determined by the commissioner and no later than July 1, 2026, to remain eligible. Any provider enrolled before July 1, 2025, that has not billed for services on or after January 1, 2024, must complete the pre-enrollment risk assessment to remain eligible.
Subd. 6b.
Requirements for provider enrollment.
(a) Effective January 1, 2027, to enroll as a housing stabilization services provider agency, an agency must require all owners of the agency who are active in the day-to-day management and operations of the agency and managerial and supervisory employees to complete compliance training before applying for enrollment and every three years thereafter. Mandatory compliance training format and content must be determined by the commissioner and must include the following topics:
(1) state and federal program billing, documentation, and service delivery requirements;
(2) enrollment requirements;
(3) provider program integrity, including fraud prevention, detection, and penalties;
(4) fair labor standards;
(5) workplace safety requirements; and
(6) recent changes in service requirements.
(b) New owners active in day-to-day management and operations of the agency and new managerial and supervisory employees must complete compliance training under this subdivision to be employed by or conduct management and operations activities for the agency. If an individual moves to another housing stabilization services provider agency and serves in a similar ownership or employment capacity, the individual is not required to repeat the training required under this subdivision if the individual documents completion of the training within the past three years.
(c) Any housing stabilization services provider agency enrolled before January 1, 2027, must complete the compliance training by January 1, 2028, and every three years thereafter.
Subd. 7.
Housing support supplemental service rates.
Supplemental service rates for individuals in settings according to sections 144D.025, 256I.04, subdivision 3, paragraph (a), clause (3), and 256I.05, subdivision 1g, shall be reduced by one-half over a two-year period. This reduction only applies to supplemental service rates for individuals eligible for housing stabilization services under this section.
Subd. 8.
Documentation requirements.
(a) An agency must document delivery of all services. The agency must collect and maintain the required information either electronically or in paper form and must produce the documents containing the information upon request by the commissioner.
(b) Documentation of a delivered service must be in English and must be legible according to the standard of a reasonable person.
(c) If the service is reimbursed at an hourly or specified minute-based rate, each documentation of the provision of a service, unless otherwise specified, must include:
(1) the full name of the service recipient;
(2) the date the documentation occurred;
(3) the day, month, and year the service was provided;
(4) the start and stop times with a.m. and p.m. designations, except for housing consultation services;
(5) the service name or description of the service provided for each date of service;
(6) the name, signature, and title, if any, of the employee of the agency that provided the service. If the service is provided by multiple employees, the agency may designate an employee responsible for verifying services and completing the documentation required by this paragraph;
(7) the signature of the service recipient and a statement that the recipient's signature is verification of the accuracy of the service documentation; and
(8) a statement that it is a federal crime to provide false information on housing stabilization services billings for medical assistance payments.
Subd. 9.
Service limits.
(a) Housing stabilization services must not exceed the limits in clauses (1) to (4):
(1) housing transition services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing and tenancy sustaining services;
(2) housing and tenancy sustaining services are limited to 100 hours annually per recipient and are not billable when a recipient is concurrently receiving housing transition services;
(3) housing consultation services are available once annually per recipient and must be provided in person. Additional sessions of housing consultation services may be authorized by the commissioner if the recipient becomes homeless, the recipient experiences a significant change in condition that impacts the recipient's housing, or the recipient requests an update or change to the recipient's plan; and
(4) housing transition costs are limited to $3,000 annually.
(b) Remote support cannot be used for more than a total of 20 percent of all housing transition services and housing and tenancy sustaining services provided to a recipient in a calendar month and is limited to audio-only and accessible video-based platforms. A recipient may refuse, stop, or suspend the use of remote support at any time.
Subd. 10.
Service limit exceptions.
If a recipient requires services exceeding the limits described in subdivision 9, a provider may request authorization for additional hours in a format prescribed by the commissioner. Requests must specify the number of additional hours being requested to meet the recipient's needs and include sufficient documentation to justify the increase to billable hours. Exceptions to service limits are not allowed on the sole basis of changing providers and are limited to recipients who:
(1) become or are at risk of becoming homeless or institutionalized due to a significant change in condition;
(2) have a history of long-term homelessness;
(3) have a history of domestic violence; or
(4) have a criminal background that is a barrier to obtaining housing.
256B.0759 SUBSTANCE USE DISORDER DEMONSTRATION PROJECT.
Subd. 2.
Provider participation.
(a) Programs licensed by the Department of Human Services as nonresidential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2025. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.
(b) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.
(c) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter, are licensed as a hospital under sections 144.50 to 144.581, and provide only ASAM 3.7 medically monitored inpatient level of care are not required to enroll as demonstration project providers. Programs meeting these criteria must submit evidence of providing the required level of care to the commissioner to be exempt from enrolling in the demonstration.
(d) Programs licensed by the Department of Human Services as withdrawal management programs according to chapter 245F that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.
(e) Out-of-state residential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.
(f) Tribally licensed programs may elect to participate in the demonstration project and meet the requirements of subdivision 3. The Department of Human Services must consult with Tribal Nations to discuss participation in the substance use disorder demonstration project.
(g) The commissioner shall allow providers enrolled in the demonstration project before July 1, 2021, to receive applicable rate enhancements authorized under subdivision 4 for all services provided on or after the date of enrollment, except that the commissioner shall allow a provider to receive applicable rate enhancements authorized under subdivision 4 for services provided on or after July 22, 2020, to fee-for-service enrollees, and on or after January 1, 2021, to managed care enrollees, if the provider meets all of the following requirements:
(1) the provider attests that during the time period for which the provider is seeking the rate enhancement, the provider took meaningful steps in their plan approved by the commissioner to meet the demonstration project requirements in subdivision 3; and
(2) the provider submits attestation and evidence, including all information requested by the commissioner, of meeting the requirements of subdivision 3 to the commissioner in a format required by the commissioner.
(h) The commissioner may recoup any rate enhancements paid under paragraph (g) to a provider that does not meet the requirements of subdivision 3 by July 1, 2021.
Subd. 5.
Federal approval.
The commissioner shall seek federal approval to implement the demonstration project under this section and to receive federal financial participation.
256B.5012 ICF/DD PAYMENT SYSTEM IMPLEMENTATION.
Subd. 4.
ICF/DD rate increases beginning July 1, 2001, and July 1, 2002.
(a) For the rate years beginning July 1, 2001, and July 1, 2002, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 3.5 percent. Of this adjustment, two-thirds must be used as provided under paragraph (b) and one-third must be used for operating costs.
(b) The adjustment under this paragraph must be used to increase the wages and benefits and pay associated costs of all employees except administrative and central office employees, provided that this increase must be used only for wage and benefit increases implemented on or after the first day of the rate year and must not be used for increases implemented prior to that date.
(c) For each facility, the commissioner shall make available an adjustment using the percentage specified in paragraph (a) multiplied by the total payment rate, excluding the property-related payment rate, in effect on the preceding June 30. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements, receivership agreements, or Minnesota Rules, part 9553.0075, is not eligible for an adjustment otherwise granted under this subdivision.
(e) A facility may apply for the payment rate adjustment provided under paragraph (b). The application must be made to the commissioner and contain a plan by which the facility will distribute the adjustment in paragraph (b) to employees of the facility. For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2002, and March 31, 2003, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate year that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.
Subd. 5.
Rate increase effective June 1, 2003.
For rate periods beginning on or after June 1, 2003, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $3 per day. The increase shall not be subject to any annual percentage increase.
Subd. 6.
ICF/DD rate increases October 1, 2005, and October 1, 2006.
(a) For the rate periods beginning October 1, 2005, and October 1, 2006, the commissioner shall make available to each facility reimbursed under this section an adjustment to the total operating payment rate of 2.2553 percent.
(b) 75 percent of the money resulting from the rate adjustment under paragraph (a) must be used to increase wages and benefits and pay associated costs for employees, except for administrative and central office employees. 75 percent of the money received by a facility as a result of the rate adjustment provided in paragraph (a) must be used only for wage, benefit, and staff increases implemented on or after the effective date of the rate increase each year, and must not be used for increases implemented prior to that date. The wage adjustment eligible employees may receive may vary based on merit, seniority, or other factors determined by the provider.
(c) For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in paragraph (a) multiplied by the total payment rate, including variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12.
(d) A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.
(e) A facility may apply for the portion of the payment rate adjustment provided under paragraph (a) for employee wages and benefits and associated costs. The application must be made to the commissioner and contain a plan by which the facility will distribute the funds according to paragraph (b). For facilities in which the employees are represented by an exclusive bargaining representative, an agreement negotiated and agreed to by the employer and the exclusive bargaining representative constitutes the plan. A negotiated agreement may constitute the plan only if the agreement is finalized after the date of enactment of all rate increases for the rate year. The commissioner shall review the plan to ensure that the payment rate adjustment per diem is used as provided in this subdivision. To be eligible, a facility must submit its plan by March 31, 2006, and December 31, 2006, respectively. If a facility's plan is effective for its employees after the first day of the applicable rate period that the funds are available, the payment rate adjustment per diem is effective the same date as its plan.
(f) A copy of the approved distribution plan must be made available to all employees by giving each employee a copy or by posting it in an area of the facility to which all employees have access. If an employee does not receive the wage and benefit adjustment described in the facility's approved plan and is unable to resolve the problem with the facility's management or through the employee's union representative, the employee may contact the commissioner at an address or telephone number provided by the commissioner and included in the approved plan.
Subd. 7.
ICF/DD rate increases effective October 1, 2007, and October 1, 2008.
(a) For the rate year beginning October 1, 2007, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2007. For the rate year beginning October 1, 2008, the commissioner shall make available to each facility reimbursed under this section operating payment rate adjustments equal to 2.0 percent of the operating payment rates in effect on September 30, 2008. For each facility, the commissioner shall make available an adjustment, based on occupied beds, using the percentage specified in this paragraph multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding day. The total payment rate shall include the adjustment provided in section 256B.501, subdivision 12. A facility whose payment rates are governed by closure agreements or receivership agreements is not eligible for an adjustment otherwise granted under this subdivision.
(b) Seventy-five percent of the money resulting from the rate adjustments under paragraph (a) must be used for increases in compensation-related costs for employees directly employed by the facility on or after the effective date of the rate adjustments, except:
(1) the administrator;
(2) persons employed in the central office of a corporation that has an ownership interest in the facility or exercises control over the facility; and
(3) persons paid by the facility under a management contract.
(c) Two-thirds of the money available under paragraph (b) must be used for wage increases for all employees directly employed by the facility on or after the effective date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The wage adjustment that employees receive under this paragraph must be paid as an equal hourly percentage wage increase for all eligible employees. All wage increases under this paragraph must be effective on the same date. Only costs associated with the portion of the equal hourly percentage wage increase that goes to all employees shall qualify under this paragraph. Costs associated with wage increases in excess of the amount of the equal hourly percentage wage increase provided to all employees shall be allowed only for meeting the requirements in paragraph (b). This paragraph shall not apply to employees covered by a collective bargaining agreement.
(d) The commissioner shall allow as compensation-related costs all costs for:
(1) wages and salaries;
(2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers' compensation;
(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and pensions; and
(4) other benefits provided, subject to the approval of the commissioner.
(e) The portion of the rate adjustments under paragraph (a) that is not subject to the requirements in paragraphs (b) and (c) shall be provided to facilities effective October 1 of each year.
(f) Facilities may apply for the portion of the rate adjustments under paragraph (a) that is subject to the requirements in paragraphs (b) and (c). The application must be submitted to the commissioner within six months of the effective date of the rate adjustments, and the facility must provide additional information required by the commissioner within nine months of the effective date of the rate adjustments. The commissioner must respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in this paragraph under extraordinary circumstances, to be determined at the sole discretion of the commissioner. The application must contain:
(1) an estimate of the amounts of money that must be used as specified in paragraphs (b) and (c);
(2) a detailed distribution plan specifying the allowable compensation-related and wage increases the facility will implement to use the funds available in clause (1);
(3) a description of how the facility will notify eligible employees of the contents of the approved application, which must provide for giving each eligible employee a copy of the approved application, excluding the information required in clause (1), or posting a copy of the approved application, excluding the information required in clause (1), for a period of at least six weeks in an area of the facility to which all eligible employees have access; and
(4) instructions for employees who believe they have not received the compensation-related or wage increases specified in clause (2), as approved by the commissioner, and which must include a mailing address, email address, and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative.
(g) The commissioner shall ensure that cost increases in distribution plans under paragraph (f), clause (2), that may be included in approved applications, comply with requirements in clauses (1) to (4):
(1) costs to be incurred during the applicable rate year resulting from wage and salary increases effective after October 1, 2006, and prior to the first day of the facility's payroll period that includes October 1 of each year shall be allowed if they were not used in the prior year's application and they meet the requirements of paragraphs (b) and (c);
(2) a portion of the costs resulting from tenure-related wage or salary increases may be considered to be allowable wage increases, according to formulas that the commissioner shall provide, where employee retention is above the average statewide rate of retention of direct care employees;
(3) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1 of the year in which the rate adjustments are effective and prior to April 1 of the following year; and
(4) for facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, as regards members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this section as having been met in regard to the members of the bargaining unit.
(h) The commissioner shall review applications received under paragraph (f) and shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the requirements of this subdivision have been met. The rate adjustments shall be effective October 1 of each year. Notwithstanding paragraph (a), if the approved application distributes less money than is available, the amount of the rate adjustment shall be reduced so that the amount of money made available is equal to the amount to be distributed.
Subd. 8.
ICF/DD rate decreases effective July 1, 2009.
Effective July 1, 2009, the commissioner shall decrease each facility reimbursed under this section operating payment adjustments equal to 2.58 percent of the operating payment rates in effect on June 30, 2009. For each facility, the commissioner shall implement the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in subdivision 7.
Subd. 9.
ICF/DD rate increase effective July 1, 2011; Clearwater County.
Effective July 1, 2011, the commissioner shall increase the daily rate to $138.23 at an intermediate care facility for the developmentally disabled located in Clearwater County and classified as a class A facility with 15 beds.
Subd. 10.
ICF/DD rate decrease effective July 1, 2011; exception for Clearwater County.
For each facility reimbursed under this section, except for a facility located in Clearwater County and classified as a class A facility with 15 beds, the commissioner shall decrease operating payment rates equal to 0.095 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 11.
ICF/DD rate decrease effective July 1, 2011.
For each facility reimbursed under this section, the commissioner shall decrease operating payments equal to 1.5 percent of the operating payment rates in effect on June 30, 2011. For each facility, the commissioner shall apply the rate reduction, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate reduction shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 12.
ICF/DD rate increase effective July 1, 2013.
For each facility reimbursed under this section, the commissioner shall increase operating payments equal to one-half percent of the operating payment rates in effect on June 30, 2013. For each facility, the commissioner shall apply the rate increase, based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate, in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 14.
Rate increase effective June 1, 2013.
For rate periods beginning on or after June 1, 2013, the commissioner shall increase the total operating payment rate for each facility reimbursed under this section by $7.81 per day. The increase shall not be subject to any annual percentage increase.
Subd. 15.
ICF/DD rate increases effective April 1, 2014.
(a) Notwithstanding subdivision 12, for each facility reimbursed under this section, for the rate period beginning April 1, 2014, the commissioner shall increase operating payments equal to one percent of the operating payment rates in effect on March 31, 2014.
(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate, but excluding the property-related payment rate in effect on the preceding date. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
Subd. 16.
ICF/DD rate increases effective July 1, 2014.
(a) For the rate period beginning July 1, 2014, the commissioner shall increase operating payments for each facility reimbursed under this section equal to five percent of the operating payment rates in effect on June 30, 2014.
(b) For each facility, the commissioner shall apply the rate increase based on occupied beds, using the percentage specified in this subdivision multiplied by the total payment rate, including the variable rate but excluding the property-related payment rate in effect on June 30, 2014. The total rate increase shall include the adjustment provided in section 256B.501, subdivision 12.
(c) To receive the rate increase under paragraph (a), each facility reimbursed under this section must submit to the commissioner documentation that identifies a quality improvement project that the facility will implement by June 30, 2015. Documentation must be provided in a format specified by the commissioner. Projects must:
(1) improve the quality of life of intermediate care facility residents in a meaningful way;
(2) improve the quality of services in a measurable way; or
(3) deliver good quality service more efficiently while using the savings to enhance services for the participants served.
(d) For a facility that fails to submit the documentation described in paragraph (c) by a date or in a format specified by the commissioner, the commissioner shall reduce the facility's rate by one percent effective January 1, 2015.
(e) Facilities that receive a rate increase under this subdivision shall use 80 percent of the additional revenue to increase compensation-related costs for employees directly employed by the facility on or after July 1, 2014, except:
(1) persons employed in the central office of a corporation or entity that has an ownership interest in the facility or exercises control over the facility; and
(2) persons paid by the facility under a management contract.
This requirement is subject to audit by the commissioner.
(f) Compensation-related costs include:
(1) wages and salaries;
(2) the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, and mileage reimbursement;
(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, pensions, and contributions to employee retirement accounts; and
(4) other benefits provided and workforce needs, including the recruiting and training of employees as specified in the distribution plan required under paragraph (i).
(g) For public employees under a collective bargaining agreement, the increase for wages and benefits is available and pay rates must be increased only to the extent that the increases comply with laws governing public employees' collective bargaining. Money received by a facility under paragraph (e) for pay increases for public employees must be used only for pay increases implemented between July 1, 2014, and August 1, 2014.
(h) For a facility that has employees that are represented by an exclusive bargaining representative, the provider shall obtain a letter of acceptance of the distribution plan required under paragraph (i), in regard to the members of the bargaining unit, signed by the exclusive bargaining agent. Upon receipt of the letter of acceptance, the facility shall be deemed to have met all the requirements of this subdivision in regard to the members of the bargaining unit. Upon request, the facility shall produce the letter of acceptance for the commissioner.
(i) A facility that receives a rate adjustment under paragraph (a) that is subject to paragraph (e) shall prepare, and upon request submit to the commissioner, a distribution plan that specifies the amount of money the facility expects to receive that is subject to the requirements of paragraph (e), including how that money will be distributed to increase compensation for employees. The commissioner may recover funds from a facility that fails to comply with this requirement.
(j) By January 1, 2015, the facility shall post the distribution plan required under paragraph (i) for a period of at least six weeks in an area of the facility's operation to which all eligible employees have access and shall provide instructions for employees who do not believe they have received the wage and other compensation-related increases specified in the distribution plan. The instructions must include a mailing address, email address, and telephone number that an employee may use to contact the commissioner or the commissioner's representative.
626.557 REPORTING OF MALTREATMENT OF VULNERABLE ADULTS.
Subd. 10.
Duties of county social service agency.
(a) When the common entry point refers a report to the county social service agency as the lead investigative agency or makes a referral to the county social service agency for emergency adult protective services, or when another lead investigative agency requests assistance from the county social service agency for adult protective services, the county social service agency shall immediately assess and offer emergency and continuing protective social services for purposes of preventing further maltreatment and for safeguarding the welfare of the maltreated vulnerable adult. The county shall use standardized tools and the data system made available by the commissioner. The information entered by the county into the standardized tool must be accessible to the Department of Human Services. In cases of suspected sexual abuse, the county social service agency shall immediately arrange for and make available to the vulnerable adult appropriate medical examination and treatment. When necessary in order to protect the vulnerable adult from further harm, the county social service agency shall seek authority to remove the vulnerable adult from the situation in which the maltreatment occurred. The county social service agency may also investigate to determine whether the conditions which resulted in the reported maltreatment place other vulnerable adults in jeopardy of being maltreated and offer protective social services that are called for by its determination.
(b) Within five business days of receipt of a report screened in by the county social service agency for investigation, the county social service agency shall determine whether, in addition to an assessment and services for the vulnerable adult, to also conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.
(c) The county social service agency must investigate for a final disposition the individual or facility alleged to have maltreated a vulnerable adult for each report accepted as lead investigative agency involving an allegation of abuse, caregiver neglect that resulted in harm to the vulnerable adult, financial exploitation that may be criminal, or an allegation against a caregiver under chapter 256B.
(d) An investigating county social service agency must make a final disposition for any allegation when the county social service agency determines that a final disposition may safeguard a vulnerable adult or may prevent further maltreatment.
(e) If the county social service agency learns of an allegation listed in paragraph (c) after the determination in paragraph (a), the county social service agency must change the initial determination and conduct an investigation for final disposition of the individual or facility alleged to have maltreated the vulnerable adult.
(f) County social service agencies may enter facilities and inspect and copy records as part of an investigation. The county social service agency has access to not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary to conduct its investigation. The inquiry is not limited to the written records of the facility, but may include every other available source of information.
(g) When necessary in order to protect a vulnerable adult from serious harm, the county social service agency shall immediately intervene on behalf of that adult to help the family, vulnerable adult, or other interested person by seeking any of the following:
(1) a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult pursuant to section 518B.01;
(2) the appointment of a guardian or conservator pursuant to sections 524.5-101 to 524.5-502, or guardianship or conservatorship pursuant to chapter 252A;
(3) replacement of a guardian or conservator suspected of maltreatment and appointment of a suitable person as guardian or conservator, pursuant to sections 524.5-101 to 524.5-502; or
(4) a referral to the prosecuting attorney for possible criminal prosecution of the perpetrator under chapter 609.
The expenses of legal intervention must be paid by the county in the case of indigent persons, under section 524.5-502 and chapter 563.
In proceedings under sections 524.5-101 to 524.5-502, if a suitable relative or other person is not available to petition for guardianship or conservatorship, a county employee shall present the petition with representation by the county attorney. The county shall contract with or arrange for a suitable person or organization to provide ongoing guardianship services. If the county presents evidence to the court exercising probate jurisdiction that it has made a diligent effort and no other suitable person can be found, a county employee may serve as guardian or conservator. The county shall not retaliate against the employee for any action taken on behalf of the person subject to guardianship or conservatorship, even if the action is adverse to the county's interest. Any person retaliated against in violation of this subdivision shall have a cause of action against the county and shall be entitled to reasonable attorney fees and costs of the action if the action is upheld by the court.
Repealed Minnesota Session Laws: S0476-2
Laws 2025, First Special Session chapter 3, article 18, section 3
Sec. 3. new text begin DIRECTION TO COMMISSIONER; INDIAN HEALTH SERVICE ENCOUNTER RATE.new text end
new text begin The commissioner of human services must submit a state plan amendment to the Centers for Medicare and Medicaid Services authorizing housing services as a new service category eligible for reimbursement at the outpatient per-day rate approved by the Indian Health Service. This reimbursement is limited to services provided by facilities of the Indian Health Service and facilities owned or operated by a Tribe or Tribal organization. For the purposes of this section, "housing services" means housing stabilization services as described in Minnesota Statutes, section 256B.051, subdivision 5, paragraphs (a) to (d). new text end