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Minnesota Legislature

Office of the Revisor of Statutes

HF 892

as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2011 09:15am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2011

Current Version - as introduced

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A bill for an act
relating to human services; modifying set-aside requirements in certain
circumstances; placing requirements on the commissioner when establishing
rate setting methodology; instructing the commissioner to eliminate duplicative
and outdated standards; amending Minnesota Statutes 2010, sections 245A.11,
subdivision 2a; 245B.07, subdivision 1; 245C.04, subdivisions 1, 6; 245C.05,
subdivision 7; 245C.17, subdivision 2; 245C.22, subdivision 5; 256B.4912,
subdivision 2; 256D.44, subdivision 5; Laws 2009, chapter 79, article 8, section
81.

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

Section 1.

Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to
read:


Subd. 2a.

Adult foster care license capacity.

(a) The commissioner shall issue
adult foster care licenses with a maximum licensed capacity of four beds, including
nonstaff roomers and boarders, except that the commissioner may issue a license with a
capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).

(b) An adult foster care license holder may have a maximum license capacity of five
if all persons in care are age 55 or over and do not have a serious and persistent mental
illness or a developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a foster care
provider with a licensed capacity of five persons to admit an individual under the age of 55
if the variance complies with section 245A.04, subdivision 9, and approval of the variance
is recommended by the county in which the licensed foster care provider is located.

(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent mental illness
or a developmental disability, regardless of age, if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed foster care provider is located.

(e) deleted text beginIf the 2009 legislature adopts a rate reduction that impacts providers of adult
foster care services,
deleted text end The commissioner may issue an adult foster care license with a
capacity of five adults if the fifth bed does not increase the overall statewide capacity of
licensed adult foster care beds in homes that are not the primary residence of the license
holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan
submitted to the commissioner by the county, when the capacity is recommended by
the county licensing agency of the county in which the facility is located and if the
recommendation verifies that:

(1) the facility meets the physical environment requirements in the adult foster
care licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each
resident or resident's legal representative documenting the resident's informed choice to
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before March 1, 2009.

(f) The commissioner shall not issue a new adult foster care license under paragraph
(e) after June 30, deleted text begin2011deleted text endnew text begin 2013new text end. The commissioner shall allow a facility with an adult foster
care license issued under paragraph (e) before June 30, 2011, to continue with a capacity of
five adults if the license holder continues to comply with the requirements in paragraph (e).

Sec. 2.

Minnesota Statutes 2010, section 245B.07, subdivision 1, is amended to read:


Subdivision 1.

Consumer data file.

The license holder must maintain the following
information for each consumer:

(1) identifying information that includes date of birth, medications, legal
representative, history, medical, and other individual-specific information, and names and
telephone numbers of contacts;

(2) consumer health information, including individual medication administration
and monitoring information;

(3) the consumer's individual service plandeleted text begin.deleted text endnew text begin;new text end

new text begin (i) new text endwhen a consumer's case manager does not provide a current individual service
plan, the license holder shall make a written request to the case manager to provide a
copy of the individual service plan and inform the consumer or the consumer's legal
representative of the right to an individual service plan and the right to appeal under
section 256.045;

new text begin (ii) in the event the case manager fails to provide an individual service plan after
a written request from the license holder, the license holder shall not be sanctioned or
penalized financially for not having a current individual service plan in the consumer's
data file;
new text end

(4) copies of assessments, analyses, summaries, and recommendations;

(5) progress review reports;

(6) incidents involving the consumer;

(7) reports required under section 245B.05, subdivision 7;

(8) discharge summary, when applicable;

(9) record of other license holders serving the consumer that includes a contact
person and telephone numbers, services being provided, services that require coordination
between two license holders, and name of staff responsible for coordination;

(10) information about verbal aggression directed at the consumer by another
consumer; and

(11) information about self-abuse.

Sec. 3.

Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
family child care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
paragraph (c), the commissioner shall conduct a study of an individual required to
be studied under section 245C.03 at the time of reapplication for an adult foster care
or family adult day services license: (1) the county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
by the commissioner for all family adult day services and for adult foster care when
the adult foster care license holder resides in the adult foster care or family adult day
services residence; (2) the license holder shall collect and forward to the commissioner
the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
adult foster care when the license holder does not reside in the adult foster care residence;
and (3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

(g) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services license holder: (1) the
county shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
and (b), for background studies conducted by the commissioner for all family adult day
services and for adult foster care when the adult foster care license holder resides in
the adult foster care residence; (2) the license holder shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs
(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
commissioner for adult foster care when the license holder does not reside in the adult
foster care residence; and (3) the background study conducted by the commissioner under
this paragraph must include a review of the information required under section 245C.08,
subdivision 1
, paragraph (a), and subdivisions 3 and 4.

(h) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

(i) A license holder must deleted text beginprovide the commissioner noticedeleted text endnew text begin initiate a new background
study
new text end through the commissioner's online background study system deleted text beginor through a letter
mailed to the commissioner
deleted text end when:

(1) an individual returns to a position requiring a background study following an
absence of deleted text begin45deleted text endnew text begin 90new text end or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for deleted text begin45deleted text endnew text begin 90new text end
or more consecutive days begins to provide direct contact licensed services again.

deleted text begin The license holder shall maintain a copy of the notification provided to the
commissioner under this paragraph in the program's files.
deleted text end new text begin If an individual's disqualification
was previously set aside for the license holder's program and the new background study
results in no new information that indicates the individual may pose a risk of harm to
persons receiving services from the license holder, the previous set-aside shall remain
in effect.
new text end

(j) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

Sec. 4.

Minnesota Statutes 2010, 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.

(a) Providers required to initiate background
studies under section 256B.4912 must initiate a study before the individual begins in a
position allowing direct contact with persons served by the provider.

(b) deleted text beginThe commissioner shall conductdeleted text endnew text begin Except as provided in paragraph (c), the
providers must initiate
new text end a background study annually of an individual required to be studied
under section 245C.03, subdivision 6.

new text begin (c) After an initial background study under this subdivision is initiated on an
individual by a provider of both services licensed by the commissioner of human services
and the unlicensed services under this subdivision, a repeat annual background study is
not required if:
new text end

new text begin (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 study 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
new text end

new text begin (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 new criminal history required under section
245C.05, subdivision 7.
new text end

Sec. 5.

Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:


Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual deleted text beginisdeleted text end:

(1) new text beginhas been new text endaffiliated with a program or facility regulated by the Department of
Human Services or Department of Health, a facility serving children or youth licensed by
the Department of Corrections, or any type of home care agency or provider of personal
care assistance servicesnew text begin within the preceding yearnew text end; and

(2) new text beginhas been new text endconvicted of a crime constituting a disqualification under section
245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care programs.

Sec. 6.

Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:


Subd. 2.

Disqualification notice sent to subject.

(a) If the information in the study
indicates the individual is disqualified from direct contact with, or from access to, persons
served by the program, the commissioner shall disclose to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the disqualification;

(3) an explanation of any restrictions on the commissioner's discretion to set aside
the disqualification under section 245C.24, when applicable to the individual;

new text begin (4) a statement that, if the individual's disqualification is set aside under section
245C.24, the applicant, license holder, or other entity that initiated the background study
will be provided with the reason for the individual's disqualification, and an explanation
about which factors under section 245C.22, subdivision 4, were the basis of the decision
to set aside the disqualification will be made available to the license holder upon request
without the consent of the background study subject;
new text end

deleted text begin (4)deleted text endnew text begin (5) new text end a statement indicating that if the individual's disqualification is set aside or
the facility is granted a variance under section 245C.30, the individual's identity and the
reason for the individual's disqualification will become public data under section 245C.22,
subdivision 7
, when applicable to the individual;

new text begin (6) a statement that when a subsequent background study is initiated on the
individual following a set-aside of the individual's disqualification after July 1, 2011, and
the commissioner makes a determination under section 245C.22, subdivision 5, paragraph
(b), that the previous set-aside applies to the subsequent background study, the application,
license holder, or other entity that initiated the background study will be informed in the
notice under section 245C.22, subdivision 5, paragraph (c):
new text end

new text begin (i) of the reason for the individual's disqualification;
new text end

new text begin (ii) that the individual's disqualification is set aside for that program or agency; and
new text end

new text begin (iii) that the information about the factors under section 245C.22, subdivision 4, that
were the basis of the decision to set aside the disqualification are available to the license
holder upon request without the consent of the background study subject;
new text endand

deleted text begin (5)deleted text endnew text begin (7)new text end the commissioner's determination of the individual's immediate risk of harm
under section 245C.16.

(b) If the commissioner determines under section 245C.16 that an individual poses
an imminent risk of harm to persons served by the program where the individual will have
direct contact with, or access to, people receiving services, the commissioner's notice must
include an explanation of the basis of this determination.

(c) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires immediate removal, the individual shall be
informed of the conditions under which the agency that initiated the background study
may allow the individual to have direct contact with, or access to, people receiving
services, as provided under subdivision 3.

Sec. 7.

Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:


Subd. 5.

Scope of set-aside.

new text begin(a) new text endIf the commissioner sets aside a disqualification
under this section, the disqualified individual remains disqualified, but may hold a license
and have direct contact with or access to persons receiving services.new text begin Except as provided
in paragraph (b),
new text end the commissioner's set-aside of a disqualification is limited solely
to the licensed program, applicant, or agency specified in the set aside notice under
section 245C.23deleted text begin, unless otherwise specified in the noticedeleted text end. For personal care provider
organizations, the commissioner's set-aside may further be limited to a specific individual
who is receiving services.

new text begin (b) If the commissioner has set aside an individual's disqualification after July 1,
2011, for one or more programs or agencies, and the commissioner is conducting a
subsequent background study on the individual, the commissioner shall determine whether
the disqualification is set aside for the program or agency that initiated the subsequent
background study. A notice of set-aside under paragraph (c) shall be issued if all of the
following criteria are met:
new text end

new text begin (1) the subsequent background study was initiated in connection with a program
licensed or regulated under the same provisions of law and rule for at least one program
for which the individual's disqualification was previously set aside by the commissioner;
new text end

new text begin (2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2;
new text end

new text begin (3) the individual's background study shows no new criminal or maltreatment history
since the disqualification was set aside;
new text end

new text begin (4) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program;
new text end

new text begin (5) the previous set-aside was not limited to a specific person receiving services; and
new text end

new text begin (6) the commissioner is not otherwise prohibited from setting aside the
disqualification.
new text end

new text begin (c) When the commissioner determines that the set-aside of an individual's
disqualification meets the criteria under paragraph (b), the notice of background study
results issued under section 245C.17, in addition to the other requirements under section
245C.17, shall include a notice that the disqualification is set aside for the program or
agency that initiated the subsequent background study. The notice must inform the
individual that the individual may still request reconsideration of the disqualification
under section 245C.21 on the basis that the information used to disqualify the individual is
incorrect.
new text end

Sec. 8.

Minnesota Statutes 2010, section 256B.4912, subdivision 2, is amended to read:


Subd. 2.

Rate-setting methodologies.

new text begin(a) new text endThe commissioner shall establish
statewide rate-setting methodologies that meet federal waiver requirements for home
and community-based waiver services for individuals with disabilities. The rate-setting
methodologies must abide by the principles of transparency and equitability across the
state. The methodologies must involve a uniform process of structuring rates for each
service and must promote quality and participant choice.

new text begin (b) The commissioner shall consult with stakeholders and recommend the basic
methodology framework and implementation principles, and provide draft legislation, to
the chairs and ranking minority members of the health and human services policy and
finance committees in the house of representatives and the senate by December 15, 2011.
The framework and principles shall include, but not be limited to:
new text end

new text begin (1) a process that counties and providers must follow to ensure clients' continued
access to services and provider plans in the event a provider is no longer able to provide
services under the new rate structure;
new text end

new text begin (2) a system that includes a process for needs assessment, needs determination,
service design, rate notification, and mistake resolution that is available to clients,
families, providers, and counties;
new text end

new text begin (3) criteria for an exceptions process;
new text end

new text begin (4) rates that are sensitive to geographical differences and allow for higher
reimbursement for clients who have medical and behavior issues;
new text end

new text begin (5) a clear definition of the rate tool and the processes and systems that determine
rates;
new text end

new text begin (6) the ability for providers to determine spending and services within the rate and
subject to limitations in the individual service plan and provider enrollment contract; and
new text end

new text begin (7) the continuation of a rate methodology stakeholder group through the first two
years of implementation.
new text end

new text begin (c) The commissioner shall issue a report to the house of representatives and senate
committees with jurisdiction over health and human services policy and finance two
years after implementation of the statewide rate methodology assessing the impact and
effectiveness of the new rates.
new text end

Sec. 9.

Minnesota Statutes 2010, section 256D.44, subdivision 5, is amended to read:


Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the self-directed
supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's
or recipient's new text beginprior month's new text endincome as defined in section 256D.35, subdivision 10, or the
standard specified in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient
of a federal or state housing subsidy, that limits shelter costs to a percentage of gross
income, shall not be considered shelter needy for purposes of this paragraph.

(g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. In a multifamily building of new text beginmore than new text endfour
deleted text begin or moredeleted text end units, the maximum number of apartmentsnew text begin at one addressnew text end that may be used by
recipients of this program shall be 50 percent of the units in a building. This paragraph
expires on June 30, deleted text begin2012deleted text endnew text begin 2014new text end.

Sec. 10.

Laws 2009, chapter 79, article 8, section 81, is amended to read:


Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS.

(a) The commissioner of human services shall consult with disability service
providers, advocates, counties, and consumer families to develop a single set of standards
governing services for people with disabilities receiving services under the home and
community-based waiver services program to replace all or portions of existing laws and
rules including, but not limited to, data practices, licensure of facilities and providers,
background studies, reporting of maltreatment of minors, reporting of maltreatment of
vulnerable adults, and the psychotropic medication checklist. The standards must:

(1) enable optimum consumer choice;

(2) be consumer driven;

(3) link services to individual needs and life goals;

(4) be based on quality assurance and individual outcomes;

(5) utilize the people closest to the recipient, who may include family, friends, and
health and service providers, in conjunction with the recipient's risk management plan to
assist the recipient or the recipient's guardian in making decisions that meet the recipient's
needs in a cost-effective manner and assure the recipient's health and safety;

(6) utilize person-centered planning; and

(7) maximize federal financial participation.

(b) The commissioner may consult with existing stakeholder groups convened under
the commissioner's authority, including the home and community-based expert services
panel established by the commissioner in 2008, to meet all or some of the requirements
of this section.

new text begin (c) The commissioner of human services shall consult with the commissioner
of health and the stakeholders identified in paragraph (a) to consolidate the ICF/MR
standards in chapter 245B and the standards in Minnesota Rules to eliminate duplication
and outdated standards.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall provide the reports and plans required by this section
to the legislative committees and budget divisions with jurisdiction over health and human
services policy and finance by January 15, 2012.