HF 3929

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/05/2026 02:05 p.m.

A bill for an act
relating to human services; modifying home and community-based service
standards; requiring the commissioner to issue interpretive guidelines for disability
waiver regulations; amending Minnesota Statutes 2024, sections 245D.09,
subdivision 5; 245D.095, subdivision 3; 256B.04, by adding a subdivision;
Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 14a.

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

Section 1.

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. 2.

Minnesota Statutes 2024, section 245D.095, subdivision 3, is amended to read:

Subd. 3.

Service recipient record.

(a) The license holder must maintain a record of
current services provided to each person on the premises where the services are provided
or coordinated. When the services are provided in a licensed facility, the records must be
maintained at the facility, otherwise the records must be maintained at the license holder's
program office. The license holder must protect service recipient records against loss,
tampering, or unauthorized disclosure according to the requirements in sections 13.01 to
13.10 and 13.46.

(b) The license holder must maintain the following information for each person:

(1) an admission form signed by the person or the person's legal representative that
includes:

(i) identifying information, including the person's name, date of birth, address, and
telephone number; and

(ii) the name, address, and telephone number of the person's legal representative, if any,
and a primary emergency contact, the case manager, and family members or others as
identified by the person or case manager;

(2) service information, including service initiation information, verification of the
person's eligibility for services, documentation verifying that services have been provided
as identified in the support plan or support plan addendum according to paragraph (a), and
date of admission or readmission;

(3) health information, including medical history, special dietary needs, and allergies,
and when the license holder is assigned responsibility for meeting the person's health service
needs according to section 245D.05:

(i) current orders for medication, treatments, or medical equipment and a signed
authorization from the person or the person's legal representative to administer or assist in
administering the medication or treatments, if applicable;

(ii) a signed statement authorizing the license holder to act in a medical emergency when
the person's legal representative, if any, cannot be reached or is delayed in arriving;

(iii) medication administration procedures;

(iv) a medication administration record documenting the implementation of the medication
administration procedures, and the medication administration record reviews, including any
agreements for administration of injectable medications by the license holder according to
the requirements in section 245D.05; and

(v) a medical appointment schedule when the license holder is assigned responsibility
for assisting with medical appointments;

(4) the person's current support plan or that portion of the plan assigned to the license
holder;

(5) copies of the individual abuse prevention plan and assessments as required under
section 245D.071, subdivisions 2 and 3;

(6) a record of other service providers serving the person when the person's support plan
or support plan addendum identifies the need for coordination between the service providers,
that includes a contact person and telephone numbers, services being provided, and names
of staff responsible for coordination;

(7) documentation of orientation to service recipient rights according to section 245D.04,
subdivision 1, and maltreatment reporting policies and procedures according to section
245A.65, subdivision 1, paragraph (c);

(8) copies of authorizations to handle a person's funds, according to section 245D.06,
subdivision 4, paragraph (a);

(9) documentation of complaints received and grievance resolution;

(10) incident reports involving the person, required under section 245D.06, subdivision
1;

(11) copies of written reports regarding the person's status when requested according to
section 245D.07, subdivision 3, deleted text begin progress review reports as required under section 245D.071,
subdivision 5, progress or daily log notes that are recorded by the program, deleted text end and reports
received from other agencies involved in providing services or care to the person; and

(12) discharge summary, including service termination notice and related documentation,
when applicable.

new text begin (c) A license holder providing intensive support services identified in section 245D.03,
subdivision 1, paragraph (c), must maintain copies of progress review reports for each person
as required under section 245D.071, subdivision 5, and copies of progress or daily log notes
recorded by the program for each person.
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. 3.

Minnesota Statutes 2024, section 256B.04, is amended by adding a subdivision to
read:

new text begin Subd. 28. new text end

new text begin Interpretive guidelines for disability waiver regulation. new text end

new text begin (a) The
commissioner of human services must develop and publish interpretive guidelines within
120 calendar days of the effective date of any statutory changes, waiver plan amendments,
state or federal administrative ruling, or state or federal court decisions that affect policies
or reimbursement for services licensed under chapter 245D, authorized under section
256B.092 or 256B.49, or reimbursed under section 256B.4914.
new text end

new text begin (b) Interpretive guidelines issued by the commissioner under this subdivision do not
have the force and effect of law and have no precedential effect but may be relied on by
consumers, providers of service, county agencies, the Department of Human Services, and
others concerned until revoked or modified. An interpretive guideline may be expressly
revoked or modified by the commissioner or by the issuance of another interpretive guideline
but may not be revoked or modified retroactively to the detriment of consumers, providers
of service, county agencies, the Department of Human Services, or others concerned. A
change in the law or an interpretation of the law occurring after the interpretive guidelines
are issued, whether in the form of a statute, court decision, administrative ruling, or
subsequent interpretive guideline, results in the revocation or modification of the previously
adopted guidelines to the extent that the change affects the guidelines.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to statutory changes, waiver plan amendments, state or federal administrative rulings,
or state or federal court decisions effective or issued on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2025 Supplement, section 256B.4914, subdivision 14a, is
amended to read:

Subd. 14a.

Limitations on rate exceptions for residential services.

(a) Effective July
1, 2026, the commissioner must implement limitations on the rate exceptions for community
residential services, customized living services, family residential services, and integrated
community supports.

(b) The commissioner must restrict rate exceptions to the absence and utilization factor
ratio to people temporarily receiving hospital or crisis respite services.

(c) For rate exceptions related to behavioral needs, the lead agency must include:

(1) a documented behavioral diagnosis; or

(2) determined assessed needs for behavioral supports as identified in the person's most
recent assessment or reassessment under section 256B.0911.

(d) Community residential services rate exceptions must not include positive support
services costs.

(e) The commissioner must not approve rate exception requests related to increased
community time or transportation.

(f) For the commissioner to approve a rate exception annual renewal, the person's most
recent assessment must indicate continued extraordinary needs in the areas cited in the
exception request. If a person's assessment continues to identify these extraordinary needs,
new text begin a new text end lead deleted text begin agencies deleted text end new text begin agency new text end requesting an annual renewal of rate exceptions must submit
documentation supporting the continuation of the exception. deleted text begin At a minimum, deleted text end Documentation new text begin
submitted by the lead agency new text end must include:

(1) payroll records for direct care wages cited in the request;

(2) payment records or receipts for other costs cited in the request; and

(3) documentation of expenses paid that were identified as necessary for the initial rate
exception.

new text begin (g) For purposes of requesting an annual renewal of a rate exception under paragraph
(f), a lead agency may not require the provider of the service for which the annual renewal
of a rate exception is requested to submit to the lead agency any documentation in addition
to the documentation required to be submitted by the lead agency under paragraph (f).
new text end

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner must not increase rate exception annual renewals that request
an exception to direct care or supervision wages more than the most recently implemented
update to the base wage index under subdivision 5b.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner must publish online an annual report detailing the impact of
the limitations under this subdivision on home and community-based services spending,
including but not limited to:

(1) the number and percentage of rate exceptions granted and denied;

(2) total spending on community residential setting services and rate exceptions;

(3) trends in the percentage of spending attributable to rate exceptions; and

(4) an evaluation of the effectiveness of the limitations in controlling spending growth.

new text begin EFFECTIVE DATE. new text end

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