1.1 	A bill for an act
1.2 	relating to human services; regulating electronic visit verification requirements; 
1.3 	modifying nonemergency medical transportation; amending Minnesota Statutes 
1.4 	2024, sections 256B.0625, subdivision 17b; 256B.073, subdivisions 1, 2, 3, 5, by 
1.5 	adding subdivisions; Minnesota Statutes 2025 Supplement, section 256B.0625, 
1.6 	subdivision 17; repealing Minnesota Statutes 2024, section 256B.073, subdivision 
1.7 	4.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2025 Supplement, section 256B.0625, subdivision 17, is 
1.10 	amended to read:
1.11 		Subd. 17.Transportation costs. (a) "Nonemergency medical transportation service" 
1.12 	means motor vehicle transportation provided by a public or private person that serves 
1.13 	Minnesota health care program beneficiaries who do not require emergency ambulance 
1.14 	service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
1.15 	(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means 
1.16 	a census-tract based classification system under which a geographical area is determined 
1.17 	to be urban, rural, or super rural. This paragraph expires July 1, 2026, for medical assistance 
1.18 	fee-for-service and January 1, 2027, for prepaid medical assistance.
1.19 	(c) Medical assistance covers medical transportation costs incurred solely for obtaining 
1.20 	emergency medical care or transportation costs incurred by eligible persons in obtaining 
1.21 	emergency or nonemergency medical care when paid directly to an ambulance company, 
1.22 	nonemergency medical transportation company, or other recognized providers of 
1.23 	transportation services. Medical transportation must be provided by:
2.1 	(1) nonemergency medical transportation providers who meet the requirements of this 
2.2 	subdivision;
2.3 	(2) ambulances, as defined in section 144E.001, subdivision 2;
2.4 	(3) taxicabs that meet the requirements of this subdivision;
2.5 	(4) public transportation, within the meaning of "public transportation" as defined in 
2.6 	section 174.22, subdivision 7; or
2.7 	(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472, 
2.8 	subdivision 1, paragraph (p).
2.9 	(d) Medical assistance covers nonemergency medical transportation provided by 
2.10 	nonemergency medical transportation providers enrolled in the Minnesota health care 
2.11 	programs. All nonemergency medical transportation providers must comply with the 
2.12 	operating standards for special transportation service as defined in sections 174.29 to 174.30 
2.13 	and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the 
2.14 	commissioner and reported on the claim as the individual who provided the service. All 
2.15 	nonemergency medical transportation providers shall bill for nonemergency medical 
2.16 	transportation services in accordance with Minnesota health care programs criteria. Publicly 
2.17 	operated transit systems, volunteers, and not-for-hire vehicles are exempt from the 
2.18 	requirements outlined in this paragraph. This paragraph expires upon the effective date of 
2.19 	paragraph (e).
2.20 	(e) Effective January 1, 2027, or upon federal approval, whichever is later, medical 
2.21 	assistance covers nonemergency medical transportation provided by nonemergency medical 
2.22 	transportation providers enrolled in the Minnesota health care programs. All nonemergency 
2.23 	medical transportation providers must comply with the operating standards for special 
2.24 	transportation service as defined in sections 174.29 to 174.30 and Minnesota Rules, chapter 
2.25 	8840, and all drivers must be individually enrolled with the commissioner and reported on 
2.26 	the claim as the individual who provided the service. All nonemergency medical 
2.27 	transportation providers must bill for nonemergency medical transportation services in 
2.28 	accordance with Minnesota health care programs criteria and comply with the requirements 
2.29 	under section 256B.073. Publicly operated transit systems, volunteers, and not-for-hire 
2.30 	vehicles are exempt from the requirements in this paragraph.
2.31 	(e)(f) An organization may be terminated, denied, or suspended from enrollment if:
2.32 	(1) the provider has not initiated background studies on the individuals specified in 
2.33 	section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
3.1 	(2) the provider has initiated background studies on the individuals specified in section 
3.2 	174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
3.3 	(i) the commissioner has sent the provider a notice that the individual has been 
3.4 	disqualified under section 245C.14; and
3.5 	(ii) the individual has not received a disqualification set-aside specific to the special 
3.6 	transportation services provider under sections 245C.22 and 245C.23.
3.7 	(f)(g) The administrative agency of nonemergency medical transportation must:
3.8 	(1) adhere to the policies defined by the commissioner;
3.9 	(2) pay nonemergency medical transportation providers for services provided to 
3.10 	Minnesota health care programs beneficiaries to obtain covered medical services;
3.11 	(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled 
3.12 	trips, and number of trips by mode; and
3.13 	(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single 
3.14 	administrative structure assessment tool that meets the technical requirements established 
3.15 	by the commissioner, reconciles trip information with claims being submitted by providers, 
3.16 	and ensures prompt payment for nonemergency medical transportation services. This 
3.17 	paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027, 
3.18 	for prepaid medical assistance.
3.19 	(g)(h) Effective July 1, 2026, for medical fee-for-service and January 1, 2027, for prepaid 
3.20 	medical assistance, the administrative agency of nonemergency medical transportation must:
3.21 	(1) adhere to the policies defined by the commissioner;
3.22 	(2) pay nonemergency medical transportation providers for services provided to 
3.23 	Minnesota health care program beneficiaries to obtain covered medical services; and
3.24 	(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled 
3.25 	trips, and number of trips by mode.
3.26 	(h)(i) Until the commissioner implements the single administrative structure and delivery 
3.27 	system under subdivision 18e, clients shall obtain their level-of-service certificate from the 
3.28 	commissioner or an entity approved by the commissioner that does not dispatch rides for 
3.29 	clients using modes of transportation under paragraph (n) (o), clauses (4), (5), (6), and (7). 
3.30 	This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 
3.31 	2027, for prepaid medical assistance.
4.1 	(i)(j) The commissioner may use an order by the recipient's attending physician, advanced 
4.2 	practice registered nurse, physician assistant, or a medical or mental health professional to 
4.3 	certify that the recipient requires nonemergency medical transportation services. 
4.4 	Nonemergency medical transportation providers shall perform driver-assisted services for 
4.5 	eligible individuals, when appropriate. Driver-assisted service includes passenger pickup 
4.6 	at and return to the individual's residence or place of business, assistance with admittance 
4.7 	of the individual to the medical facility, and assistance in passenger securement or in securing 
4.8 	of wheelchairs, child seats, or stretchers in the vehicle.
4.9 	(j)(k) Nonemergency medical transportation providers must take clients to the health 
4.10 	care provider using the most direct route, and must not exceed 30 miles for a trip to a primary 
4.11 	care provider or 60 miles for a trip to a specialty care provider, unless the client receives 
4.12 	authorization from the local agency. This paragraph expires July 1, 2026, for medical 
4.13 	assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
4.14 	(k)(l) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027, 
4.15 	for prepaid medical assistance, nonemergency medical transportation providers must take 
4.16 	clients to the health care provider using the most direct route and must not exceed 30 miles 
4.17 	for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless 
4.18 	the client receives authorization from the administrator.
4.19 	(l)(m) Nonemergency medical transportation providers may not bill for separate base 
4.20 	rates for the continuation of a trip beyond the original destination. Nonemergency medical 
4.21 	transportation providers must maintain trip logs, which include pickup and drop-off times, 
4.22 	signed by the medical provider or client, whichever is deemed most appropriate, attesting 
4.23 	to mileage traveled to obtain covered medical services. Clients requesting client mileage 
4.24 	reimbursement must sign the trip log attesting mileage traveled to obtain covered medical 
4.25 	services.
4.26 	(m)(n) The administrative agency shall use the level of service process established by 
4.27 	the commissioner to determine the client's most appropriate mode of transportation. If public 
4.28 	transit or a certified transportation provider is not available to provide the appropriate service 
4.29 	mode for the client, the client may receive a onetime service upgrade.
4.30 	(n)(o) The covered modes of transportation are:
4.31 	(1) client reimbursement, which includes client mileage reimbursement provided to 
4.32 	clients who have their own transportation, or to family or an acquaintance who provides 
4.33 	transportation to the client;
5.1 	(2) volunteer transport, which includes transportation by volunteers using their own 
5.2 	vehicle;
5.3 	(3) unassisted transport, which includes transportation provided to a client by a taxicab 
5.4 	or public transit. If a taxicab or public transit is not available, the client can receive 
5.5 	transportation from another nonemergency medical transportation provider;
5.6 	(4) assisted transport, which includes transport provided to clients who require assistance 
5.7 	by a nonemergency medical transportation provider;
5.8 	(5) lift-equipped/ramp transport, which includes transport provided to a client who is 
5.9 	dependent on a device and requires a nonemergency medical transportation provider with 
5.10 	a vehicle containing a lift or ramp;
5.11 	(6) protected transport, which includes transport provided to a client who has received 
5.12 	a prescreening that has deemed other forms of transportation inappropriate and who requires 
5.13 	a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety 
5.14 	locks, a video recorder, and a transparent thermoplastic partition between the passenger and 
5.15 	the vehicle driver; and (ii) who is certified as a protected transport provider; and
5.16 	(7) stretcher transport, which includes transport for a client in a prone or supine position 
5.17 	and requires a nonemergency medical transportation provider with a vehicle that can transport 
5.18 	a client in a prone or supine position.
5.19 	(o)(p) The local agency shall be the single administrative agency and shall administer 
5.20 	and reimburse for modes defined in paragraph (n)(o) according to paragraphs (r)(s) to (t)
5.21 	(u) when the commissioner has developed, made available, and funded the web-based single 
5.22 	administrative structure, assessment tool, and level of need assessment under subdivision 
5.23 	18e. The local agency's financial obligation is limited to funds provided by the state or 
5.24 	federal government. This paragraph expires July 1, 2026, for medical assistance 
5.25 	fee-for-service and January 1, 2027, for prepaid medical assistance.
5.26 	(p)(q) The commissioner shall:
5.27 	(1) verify that the mode and use of nonemergency medical transportation is appropriate;
5.28 	(2) verify that the client is going to an approved medical appointment; and
5.29 	(3) investigate all complaints and appeals.
5.30 	(q)(r) The administrative agency shall pay for the services provided in this subdivision 
5.31 	and seek reimbursement from the commissioner, if appropriate. As vendors of medical care, 
5.32 	local agencies are subject to the provisions in section 256B.041, the sanctions and monetary 
6.1 	recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245. 
6.2 	This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 
6.3 	2027, for prepaid medical assistance.
6.4 	(r)(s) Payments for nonemergency medical transportation must be paid based on the 
6.5 	client's assessed mode under paragraph (m) (n), not the type of vehicle used to provide the 
6.6 	service. The medical assistance reimbursement rates for nonemergency medical transportation 
6.7 	services that are payable by or on behalf of the commissioner for nonemergency medical 
6.8 	transportation services are:
6.9 	(1) $0.22 per mile for client reimbursement;
6.10 	(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer 
6.11 	transport;
6.12 	(3) equivalent to the standard fare for unassisted transport when provided by public 
6.13 	transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency 
6.14 	medical transportation provider;
6.15 	(4) $14.30 for the base rate and $1.43 per mile for assisted transport;
6.16 	(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
6.17 	(6) $75 for the base rate and $2.40 per mile for protected transport; and
6.18 	(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for 
6.19 	an additional attendant if deemed medically necessary. This paragraph expires July 1, 2026, 
6.20 	for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
6.21 	(s)(t) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027, 
6.22 	for prepaid medical assistance, payments for nonemergency medical transportation must 
6.23 	be paid based on the client's assessed mode under paragraph (m) (n), not the type of vehicle 
6.24 	used to provide the service.
6.25 	(t)(u) The base rate for nonemergency medical transportation services in areas defined 
6.26 	under RUCA to be super rural is equal to 111.3 percent of the respective base rate in 
6.27 	paragraph (r) (s), clauses (1) to (7). The mileage rate for nonemergency medical transportation 
6.28 	services in areas defined under RUCA to be rural or super rural areas is:
6.29 	(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage 
6.30 	rate in paragraph (r) (s), clauses (1) to (7); and
7.1 	(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage 
7.2 	rate in paragraph (r) (s), clauses (1) to (7). This paragraph expires July 1, 2026, for medical 
7.3 	assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
7.4 	(u)(v) For purposes of reimbursement rates for nonemergency medical transportation 
7.5 	services under paragraphs (r)(s) to (t) (u), the zip code of the recipient's place of residence 
7.6 	shall determine whether the urban, rural, or super rural reimbursement rate applies. This 
7.7 	paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027, 
7.8 	for prepaid medical assistance.
7.9 	(v)(w) The commissioner, when determining reimbursement rates for nonemergency 
7.10 	medical transportation, shall exempt all modes of transportation listed under paragraph (n)
7.11 	(o) from Minnesota Rules, part 9505.0445, item R, subitem (2).
7.12 	(w)(x) Effective for the first day of each calendar quarter in which the price of gasoline 
7.13 	as posted publicly by the United States Energy Information Administration exceeds $3.00 
7.14 	per gallon, the commissioner shall adjust the rate paid per mile in paragraph (r)(s) by one 
7.15 	percent up or down for every increase or decrease of ten cents for the price of gasoline. The 
7.16 	increase or decrease must be calculated using a base gasoline price of $3.00. The percentage 
7.17 	increase or decrease must be calculated using the average of the most recently available 
7.18 	price of all grades of gasoline for Minnesota as posted publicly by the United States Energy 
7.19 	Information Administration. This paragraph expires July 1, 2026, for medical assistance 
7.20 	fee-for-service and January 1, 2027, for prepaid medical assistance.

7.21 	Sec. 2. Minnesota Statutes 2024, section 256B.0625, subdivision 17b, is amended to read:
7.22 		Subd. 17b.Documentation required. (a) As a condition for payment, nonemergency 
7.23 	medical transportation providers must document each occurrence of a service provided to 
7.24 	a recipient according to this subdivision. Providers must maintain records sufficient to 
7.25 	distinguish individual trips with specific vehicles and drivers. The documentation may be 
7.26 	collected and maintained using electronic systems or software or in paper form but must be 
7.27 	made available and produced upon request. Program funds paid for transportation that is 
7.28 	not documented according to this subdivision may be subject to recovery by the commissioner 
7.29 	pursuant to section 256B.064.
7.30 	(b) A nonemergency medical transportation provider must compile transportation trip 
7.31 	records that are written in English and legible according to the standard of a reasonable 
7.32 	person and that include each of the following elements:
7.33 	(1) the recipient's name;
8.1 	(2) the date or dates the service is provided, if different than the date the entry was made;
8.2 	(3) either the printed name of the driver sufficient to distinguish the driver of service or 
8.3 	the driver's provider number;
8.4 	(4) the date and the signature of the driver attesting that the record accurately represents 
8.5 	the services provided and the actual miles driven, and acknowledging that misreporting 
8.6 	information that results in ineligible or excessive payments may result in civil or criminal 
8.7 	action;
8.8 	(5) the date and the signature of the recipient or authorized party attesting that 
8.9 	transportation services were provided as indicated on the transportation trip record, or the 
8.10 	signature of the medical services provider certifying that the recipient was transported to 
8.11 	the medical services provider destination. In the event that both the medical services provider 
8.12 	and the recipient or authorized party refuse or are unable to provide signatures, the driver 
8.13 	must document on the transportation trip record that signatures were requested and not 
8.14 	provided;
8.15 	(6) the address, or the description if the address is not available, of both the origin and 
8.16 	destination, and the mileage for the most direct route from the origin to the destination;
8.17 	(7) the name or number of the mode of transportation in which the service is provided;
8.18 	(8) the license plate number of the vehicle used to transport the recipient;
8.19 	(9) the time of the recipient pickup;
8.20 	(10) the time of the recipient drop-off;
8.21 	(11) the odometer reading of the vehicle used to transport the recipient taken at the time 
8.22 	of pickup;
8.23 	(12) the odometer reading of the vehicle used to transport the recipient taken at the time 
8.24 	of drop-off;
8.25 	(13) the name of the extra attendant when an extra attendant is used to provide special 
8.26 	transportation service; and
8.27 	(14) the documentation indicating the method that was used to determine the most direct 
8.28 	route.
8.29 	(c) In determining whether the commissioner will seek recovery, the documentation 
8.30 	requirements in this section apply retroactively to audit findings beginning January 1, 2020, 
8.31 	and to all audit findings thereafter.
9.1 	(d) Effective January 1, 2027, or upon federal approval, whichever is later, records that 
9.2 	comply with section 256B.073 may be used to meet the requirements under this subdivision 
9.3 	if all required elements are included in the record.

9.4 	Sec. 3. Minnesota Statutes 2024, section 256B.073, subdivision 1, is amended to read:
9.5 		Subdivision 1.Documentation; establishment and operation. The commissioner of 
9.6 	human services shall establish implementation requirements and standards for and maintain 
9.7 	the requirements and standards for the ongoing operation of electronic visit verification to 
9.8 	comply with the 21st Century Cures Act, Public Law 114-255. Within available 
9.9 	appropriations, the commissioner shall take steps to comply with the electronic visit 
9.10 	verification requirements in the 21st Century Cures Act, Public Law 114-255.

9.11 	Sec. 4. Minnesota Statutes 2024, section 256B.073, subdivision 2, is amended to read:
9.12 		Subd. 2.Definitions. (a) For purposes of this section, the terms in this subdivision have 
9.13 	the meanings given them.
9.14 	(b) "Data aggregator" means the entity designated by the commissioner to collect, store, 
9.15 	and transmit electronic visit verification data from providers and third-party systems to the 
9.16 	commissioner in accordance with the standards and requirements established under this 
9.17 	section.
9.18 	(b) (c) "Electronic visit verification" or "EVV" means the electronic documentation of 
9.19 	the process required under this section and United States Code, title 42, section 1396b(l), 
9.20 	used to electronically verify the:
9.21 	(1) type of service performed;
9.22 	(2) individual receiving the service;
9.23 	(3) date of the service;
9.24 	(4) location of the service delivery;
9.25 	(5) individual providing the service; and
9.26 	(6) time the service begins and ends.
9.27 	(d) "Electronic visit verification data" means information collected through an electronic 
9.28 	visit verification system, including data elements required under United States Code, title 
9.29 	42, section 1396b(l), and any additional data elements specified by the commissioner under 
9.30 	this section.
10.1 	(c) (e) "Electronic visit verification system" means a system that provides electronic 
10.2 	verification of servicesused to collect, verify, and transmit electronic visit verification data 
10.3 	to the commissioner or the commissioner's designated data aggregator that complies with 
10.4 	the 21st Century Cures Act, Public Law 114-255, and the requirements of subdivision 3.
10.5 	(f) "Electronic visit verification vendor" means any entity that develops, provides, or 
10.6 	supports an electronic visit verification system, including the state-provided vendor and 
10.7 	any third-party vendor.
10.8 	(g) "Financial management services provider" means an entity enrolled with the 
10.9 	commissioner to provide financial management services under section 256B.85 or other 
10.10 	applicable law and responsible for fiscal, payroll, and reporting functions on behalf of 
10.11 	participant employers.
10.12 	(h) "Home health agency" means a home care provider agency that is Medicare certified 
10.13 	under Code of Federal Regulations, title 42, part 484, and licensed as a home care provider 
10.14 	under chapter 144A.
10.15 	(i) "Individual" means a person who receives services subject to electronic visit 
10.16 	verification under the medical assistance program.
10.17 	(j) "Managed care organization" means a public or private organization that contracts 
10.18 	with the commissioner under section 256B.69 or other applicable law to deliver health care 
10.19 	services to individuals eligible for medical assistance or MinnesotaCare.
10.20 	(k) "Manual visit" means a visit:
10.21 	(1) entered administratively and not by the caregiver at the time of service delivery; or
10.22 	(2) where data elements are edited after the time of service delivery.
10.23 	(l) "Provider" means an individual or organization that meets one or more of the following 
10.24 	conditions:
10.25 	(1) is enrolled as a Minnesota health care programs provider;
10.26 	(2) provides services through a managed care organization under contract with the 
10.27 	commissioner under section 256B.69;
10.28 	(3) is a financial management services provider; or
10.29 	(4) is a participant employer under section 256B.85, subdivision 7, or an employer of 
10.30 	record that is directing services under section 256B.49, subdivision 16.
10.31 	(d)(m) "Service" means one of the following:
11.1 	(1) personal care assistance services as defined in section 256B.0625, subdivision 19a, 
11.2 	and provided according to section 256B.0659;
11.3 	(2) community first services and supports under section 256B.85;
11.4 	(3) home health services under section 256B.0625, subdivision 6a; or
11.5 	(4) adult companion services;
11.6 	(5) adult day services;
11.7 	(6) adult rehabilitative mental health services;
11.8 	(7) assertive community treatment;
11.9 	(8) early intensive developmental and behavioral intervention;
11.10 	(9) integrated community supports;
11.11 	(10) nonemergency medical transportation services;
11.12 	(11) recovery peer support;
11.13 	(12) home and community-based services reimbursed at an hourly or specified 
11.14 	minute-based rate and provided according to a federally approved waiver plan as authorized 
11.15 	under chapter 256S or section 256B.0913, 256B.092, or 256B.49; or
11.16 	(13) other medical supplies and equipment or home and community-based services that 
11.17 	are required to be electronically verified by the 21st Century Cures Act, Public Law 114-255.
11.18 	(n) "State-provided electronic visit verification system" means the electronic visit 
11.19 	verification system made available by the commissioner to providers at no cost for services 
11.20 	subject to federal electronic visit verification requirements.
11.21 	(o) "Third-party electronic visit verification system" means an electronic visit verification 
11.22 	system purchased or operated by a provider or vendor other than the state-provided system 
11.23 	designated by the commissioner.
11.24 	(p) "Verification method" means the electronic process used to capture and verify visit 
11.25 	information, including telephone, fixed visit verification devices, or mobile applications, 
11.26 	as approved by the commissioner.
11.27 	(q) "Visit" means a single occurrence of service delivery subject to electronic visit 
11.28 	verification.
12.1 	(r) "Worker" means an individual who provides personal care assistance services, 
12.2 	community first services and supports, home health services, consumer-directed community 
12.3 	supports, or other services identified by the commissioner as subject to electronic visit.

12.4 	Sec. 5. Minnesota Statutes 2024, section 256B.073, subdivision 3, is amended to read:
12.5 		Subd. 3.Requirements. (a) In developing implementation requirements foradministering 
12.6 	electronic visit verification, the commissioner shallmust ensure that the system and related 
12.7 	requirements:
12.8 	(1) are minimally administratively and financially burdensome to a provider reasonable 
12.9 	for providers of services;
12.10 	(2) are minimally burdensomesupport continued access to theservices and are designed 
12.11 	to avoid disruption to service recipient and the least disruptive to the service recipient in 
12.12 	receiving and maintaining allowed services delivery or receipt;
12.13 	(3) consider existing best practices and use of electronic visit verification;
12.14 	(4) are conducted according to all state and federal laws;
12.15 	(5) are effective methods for preventing fraud when balanced against the requirements 
12.16 	of clauses (1) and (2); and
12.17 	(6) are consistent with the Department of Human Services' policies related to covered 
12.18 	services, flexibility of service use, and quality assurance.
12.19 	(b) The commissioner shallmust make training and guidance available to providers of 
12.20 	services on the electronic visit verification system requirements and system use.
12.21 	(c) The commissioner shallmust establish baseline measurements related to preventing 
12.22 	fraud and establish measures to determine the effect of electronic visit verification 
12.23 	requirements on program integrity.
12.24 	(d) The commissioner shallmust make a state-selected state-provided electronic visit 
12.25 	verification system available to providers of services.
12.26 	(e) The commissioner shallmust make available and publish on the agency website the 
12.27 	name and contact information for the vendor of the state-selected state-provided electronic 
12.28 	visit verification system and the other vendors that offer alternative electronic visit 
12.29 	verification systems. The information provided must state that the state-selected
12.30 	state-provided electronic visit verification system is offered at no cost to the provider of 
12.31 	services and that the provider of services may choose an alternative system that may be at 
12.32 	a cost to the provider.
13.1 	(f) The commissioner may establish implementation dates and implementation schedules 
13.2 	for system functions subject to electronic visit verification under this section, including but 
13.3 	not limited to verification methods or technical requirements.
13.4 	(g) The commissioner may waive the requirements under this section for any service 
13.5 	component or setting when the application of electronic visit verification is contrary to 
13.6 	paragraph (a).

13.7 	Sec. 6. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision 
13.8 	to read:
13.9 		Subd. 4a.Electronic visit verification system options. (a) A provider of services must 
13.10 	use an electronic visit verification system that complies with the requirements established 
13.11 	by the commissioner. A provider of services may use either the state-provided system or a 
13.12 	third-party system. All systems used for compliance must provide data to the commissioner 
13.13 	in the format and with the frequency required by the commissioner.
13.14 	(b) The commissioner must make a state-provided electronic visit verification system 
13.15 	available at no cost to providers of services. The commissioner must provide training on 
13.16 	the system to all providers of services.
13.17 	(c) The commissioner must allow providers of services to utilize a third-party electronic 
13.18 	visit verification system that the commissioner determines meets the requirements under 
13.19 	this section.
13.20 	(d) A provider of services using a third-party electronic visit verification system that 
13.21 	meets all technical specifications and federal and state laws must:
13.22 	(1) collect and submit all data for each visit to the commissioner, including but not 
13.23 	limited to manual entries;
13.24 	(2) maintain compliance identified by the commissioner, including but not limited to 
13.25 	incorporating into the system any changes in data requirements that must be transmitted to 
13.26 	the commissioner; and
13.27 	(3) integrate the system with the data aggregator to accurately send data.
13.28 	(e) The data aggregator must be available at no cost to a provider of services for purposes 
13.29 	of transmitting electronic visit verification data from approved third-party systems to the 
13.30 	commissioner. Any costs associated with the development and use of a third-party system 
13.31 	are the responsibility of the provider.
14.1 	(f) If a provider is unable to integrate a third-party system with the data aggregator, the 
14.2 	provider of services must use the state-provided electronic visit verification system.
14.3 	(g) The commissioner must provide training on reviewing and correcting imported data 
14.4 	in the data aggregator to providers of services.

14.5 	Sec. 7. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision 
14.6 	to read:
14.7 		Subd. 4b.Provider responsibilities. A provider of services must:
14.8 	(1) use an electronic visit verification system that meets all technical and data submission 
14.9 	requirements established by the commissioner;
14.10 	(2) enroll with the state-provided electronic visit verification system or the data 
14.11 	aggregator, as applicable;
14.12 	(3) provide all information requested by the commissioner for enrollment, access, and 
14.13 	data submission and ensure that the information remains accurate and up to date;
14.14 	(4) maintain records for each individual receiving services subject to electronic visit 
14.15 	verification, including but not limited to all required data elements;
14.16 	(5) maintain a current list of workers providing services subject to electronic visit 
14.17 	verification to individuals receiving services under medical assistance;
14.18 	(6) provide the commissioner and any managed care organization with immediate, direct, 
14.19 	and on-site or remote access to the electronic visit verification system;
14.20 	(7) at the request of the commissioner or a managed care organization, allow review or 
14.21 	copying of electronic visit verification documentation at no cost;
14.22 	(8) ensure that electronic visit verification systems and related processes meet accessibility 
14.23 	and confidentiality requirements under state and federal law;
14.24 	(9) comply with all policies, procedures, and technical specifications issued by the 
14.25 	commissioner under this section; and
14.26 	(10) ensure that workers, participants, and other individuals using electronic visit 
14.27 	verification are trained and comply with all documentation and data entry requirements 
14.28 	established by the commissioner.

15.1 	Sec. 8. Minnesota Statutes 2024, section 256B.073, subdivision 5, is amended to read:
15.2 		Subd. 5.Vendor requirements. (a) The vendor of the electronic visit verification system 
15.3 	selected provided by the commissioner and the vendor's affiliate must comply with the 
15.4 	requirements of this subdivision.
15.5 	(b) The vendor of the state-selectedstate-provided electronic visit verification system 
15.6 	and the vendor's affiliate must:
15.7 	(1) notify the provider of services that the provider may choose the state-selected
15.8 	state-provided electronic visit verification system at no cost to the provider;
15.9 	(2) offer the state-selectedstate-provided electronic visit verification system to the 
15.10 	provider of services prior to offering any fee-based electronic visit verification system;
15.11 	(3) notify the provider of services that the provider may choose any fee-based electronic 
15.12 	visit verification system prior to offering the vendor's or its affiliate's fee-based electronic 
15.13 	visit verification system; and
15.14 	(4) when offering the state-selectedstate-provided electronic visit verification system, 
15.15 	clearly differentiate between the state-selectedstate-provided electronic visit verification 
15.16 	system and the vendor's or its affiliate's alternative fee-based system.
15.17 	(c) The vendor of the state-selectedstate-provided electronic visit verification system 
15.18 	and the vendor's affiliate must not use state data that are not available to other vendors of 
15.19 	electronic visit verification systems to promote or sell the vendor's or its affiliate's alternative 
15.20 	electronic visit verification system.
15.21 	(d) Upon request from the provider, the vendor of the state-selectedstate-provided 
15.22 	electronic visit verification system must provide proof of compliance with the requirements 
15.23 	of paragraph (b).
15.24 	(e) An agreement between the vendor of the state-selectedstate-provided electronic visit 
15.25 	verification system or its affiliate and a provider of services for an electronic visit verification 
15.26 	system that is not the state-selectedstate-provided system entered into on or after July 1, 
15.27 	2023, is subject to immediate termination by the provider if the vendor violates any of the 
15.28 	requirements of paragraph (b).

15.29 	Sec. 9. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision 
15.30 	to read:
15.31 		Subd. 6.Data and documentation. (a) A provider of services must submit electronic 
15.32 	visit verification data to the commissioner or the data aggregator in accordance with the 
16.1 	technical standards, format, and frequency established under this section. The commissioner 
16.2 	may use integrated electronic visit verification data for oversight, quality assurance, and 
16.3 	program integrity purposes consistent with state and federal law.
16.4 	(b) The commissioner and managed care organizations must use electronic visit 
16.5 	verification data to validate claims for payment under medical assistance. Claims that cannot 
16.6 	be validated in accordance with electronic visit verification requirements may be subject 
16.7 	to actions by the commissioner as authorized under state and federal law, including actions 
16.8 	related to payment, program integrity, or provider compliance.
16.9 	(c) A provider of services must record all required electronic visit verification data at 
16.10 	the time of service delivery using an approved verification method. To be compliant with 
16.11 	electronic visit verification requirements, a provider of services must document a visit with 
16.12 	all required data elements recorded at the time of service delivery.
16.13 	(d) A manual visit does not comply with electronic visit verification requirements. A 
16.14 	manual visit must be confirmed and verified according to processes established by the 
16.15 	commissioner before being used to validate or support a claim for payment.
16.16 	(e) A worker providing services subject to electronic visit verification must record the 
16.17 	start and end times of each visit at the time the service is delivered using an approved 
16.18 	verification method. A worker must complete and verify all time documentation, including 
16.19 	but not limited to verification of service type, date, and duration, on the date the service 
16.20 	occurs and be consistent with documentation requirements of the service being provided. 
16.21 	A provider of services must maintain documentation demonstrating compliance with this 
16.22 	subdivision and make the documentation available to the commissioner or a managed care 
16.23 	organization upon request.

16.24 	Sec. 10. Minnesota Statutes 2024, section 256B.073, is amended by adding a subdivision 
16.25 	to read:
16.26 		Subd. 7.Third-party system responsibilities. (a) This subdivision is effective for Early 
16.27 	Intensive Developmental and Behavioral Intervention services beginning July 1, 2027, or 
16.28 	upon federal approval, whichever is later. This subdivision is effective for all other services 
16.29 	subject to this subdivision beginning January 1, 2027, or upon federal approval, whichever 
16.30 	is later.
16.31 	(b) A provider of services using a third-party electronic visit verification system must 
16.32 	ensure that the system meets all technical, functional, and data-exchange requirements 
17.1 	established by the commissioner and transmits data to the commissioner or the data 
17.2 	aggregator in the format and with the frequency required by the commissioner.
17.3 	(c) A third-party electronic visit verification vendor must:
17.4 	(1) comply with all technical, contractual, privacy, and security standards established 
17.5 	by the commissioner;
17.6 	(2) not use or disclose state data for any purpose other than fulfilling the requirements 
17.7 	under this section or federal law;
17.8 	(3) provide the commissioner access to system documentation, data mapping, and audit 
17.9 	records upon request; and
17.10 	(4) immediately report to the commissioner any data transmission failure, breach, or 
17.11 	interruption affecting the commissioner's ability to receive required electronic visit 
17.12 	verification data.
17.13 	(d) A provider of services remains responsible for ensuring compliance with this section 
17.14 	even when using a third-party electronic visit verification system.
17.15 	(e) The third-party vendor must ensure training on the system is available to providers 
17.16 	of services.

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

17.18 	Sec. 11. ELECTRONIC VISIT VERIFICATION AND MEDICAL ASSISTANCE 
17.19 	CLAIMS VALIDATION.
 17.20 	(a) The commissioner of human services must develop, test, and implement systems 
17.21 	changes necessary to integrate data collected through electronic visit verification systems, 
17.22 	as described under Minnesota Statutes, section 256B.073, with Minnesota's Medicaid 
17.23 	Management Information System. Data collected through electronic visit verification systems 
17.24 	must be used as part of the commissioner's processes for validating claims for services 
17.25 	subject to electronic visit verification.
17.26 	(b) The commissioner of human services must require that managed care plans and 
17.27 	county-based purchasing plans ensure electronic visit verification and claims system 
17.28 	interoperability by January 1, 2027.

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

18.1 	Sec. 12. REPEALER.
 18.2 	Minnesota Statutes 2024, section 256B.073, subdivision 4, is repealed.

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

APPENDIX 

Repealed Minnesota Statutes: S4400-1 

256B.073 ELECTRONIC VISIT VERIFICATION.Subd. 4.Provider requirements. 
(a) A provider of services may select any electronic visit verification system that meets the requirements established by the commissioner. 

(b) All electronic visit verification systems used by providers to comply with the requirements established by the commissioner must provide data to the commissioner in a format and at a frequency to be established by the commissioner. 

(c) Providers must implement the electronic visit verification systems required under this section by a date established by the commissioner to be set after the state-selected electronic visit verification systems for personal care services and home health services are in production. For purposes of this paragraph, "personal care services" and "home health services" have the meanings given in United States Code, title 42, section 1396b(l)(5). Reimbursement rates for providers must not be reduced as a result of federal action to reduce the federal medical assistance percentage under the 21st Century Cures Act, Public Law 114-255.