SF 3928

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/19/2026 09:09 a.m.

A bill for an act
relating to human services; clarifying community first services and supports
requirements for shared services; requiring wage increases for support workers
providing shared services; renumbering community first services and supports
definitions; amending Minnesota Statutes 2024, sections 256B.0659, subdivisions
12, 16, 17, 19; 256B.85, by adding subdivisions; Minnesota Statutes 2025
Supplement, section 256B.85, subdivision 7; proposing coding for new law in
Minnesota Statutes, chapter 256B.

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

Section 1.

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 care deleted text end new text begin services new 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. 2.

Minnesota Statutes 2024, section 256B.0659, subdivision 16, is amended to read:

Subd. 16.

Shared services.

(a) Medical assistance payments for deleted text begin shared deleted text end personal care
assistance services new text begin that are shared services new text end are limited according to this subdivision.

(b) deleted text begin Shared service is deleted text end new text begin For the purposes of this section, "shared services" means new text end the
provision of personal care assistance services by a personal care assistant to two or three
recipients deleted text begin , deleted text end new text begin who are all new text end eligible for medical assistance deleted text begin , deleted text end new text begin and new 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 assistance deleted text end services follow the same criteria for covered services
as subdivision 2.

(e) Noncovered shared deleted text begin personal care assistance deleted 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 care deleted text end
services.

(f) The option of shared deleted text begin personal care assistance deleted text end new text begin services new 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 their deleted 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 assistance deleted 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 of deleted text end new text begin to all new 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 which deleted text end new text begin that new 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. 3.

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 when 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 assistance deleted text end
services. For two deleted text begin persons deleted text end new text begin recipients new 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, and deleted text end new text begin recipient. new text end For three deleted text begin persons deleted text end new text begin recipients new 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 individual deleted text end new text begin recipient new text end . These
rates apply only when all deleted text begin of the deleted text end criteria for deleted text begin the deleted text end shared deleted text begin care personal care assistance service
have been deleted text end new text begin services are new 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 ... 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 ... 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 when
the contribution is not a function of wages, or any other employee benefits.
new text end

Sec. 4.

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 is deleted text end new text begin services are new 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. 5.

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 13a deleted 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. 6.

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. 7.

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. 8.

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 ... percent for the purposes specified in paragraph (b). Of the
additional revenue for shared services provided to three participants, the agency-provider
must use ... 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. 9.

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. 10.

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
... percent for the purposes specified in paragraph (b). Of the budget savings for shared
services provided to three participants, the participant provider must use ... 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. 11.

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. 12. 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, are 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