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HF 1347

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 12:52pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021

Current Version - as introduced

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A bill for an act
relating to human services; modifying disability services policy statements;
amending Minnesota Statutes 2020, section 256B.4905, by adding subdivisions;
Laws 2019, First Special Session chapter 9, article 5, section 86, subdivision 1, as
amended; repealing Minnesota Statutes 2020, section 256B.4905, subdivisions 1,
2, 3, 4, 5, 6.

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

Section 1.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "informed choice" means a choice
that adults who have disabilities and children who have disabilities, with support from their
families, make regarding services and supports that best meets the adult's or child's needs
and preferences. Before making an informed choice, adults who have disabilities and children
who have disabilities must be provided, in an individualized and accessible format and
manner, all the tools, information, and opportunities the adult or child requests or requires
to understand all of their options.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Informed choice policy. new text end

new text begin It is the policy of this state that all adults who have
disabilities and children who have disabilities, with support from their families:
new text end

new text begin (1) can make informed choices to select and utilize disability services and supports; and
new text end

new text begin (2) will be offered an informed decision-making process sufficient to make informed
choices.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Informed decision making. new text end

new text begin (a) The commissioner of human services shall
ensure that:
new text end

new text begin (1) disability services support the presumption that adults who have disabilities and
families of children who have disabilities can make informed choices;
new text end

new text begin (2) all adults who have disabilities and families of children who have disabilities are
provided an informed decision-making process satisfying the requirements of paragraph
(b);
new text end

new text begin (3) all adults who have disabilities and families of children who have disabilities are
provided the opportunity to revisit or change any decision or choice at any time of the adult's
or family's choosing; and
new text end

new text begin (4) any services or supports necessary to accomplish any step of an informed
decision-making process or to make an informed choice to utilize disability services are
timely authorized and implemented.
new text end

new text begin (b) The commissioner of human services must develop and ensure the implementation
of an informed decision-making process that provides accessible, correct, and complete
information to help an individual make an informed choice. This information must be
accessible and understandable to the person so that the person can demonstrate understanding
of the options. The process must provide accessible written information and be experiential
whenever possible. The process must also consider and offer to the person, in a
person-centered manner, the following:
new text end

new text begin (1) reasonable accommodations as needed or requested by the person to fully participate
in the informed decision-making process and acquire the information necessary to make an
informed choice;
new text end

new text begin (2) discussion of the person's own preferences, abilities, goals, and objectives;
new text end

new text begin (3) identification of the person's cultural needs and access to culturally responsive services
and providers;
new text end

new text begin (4) information about the benefits of inclusive and individualized services and supports;
new text end

new text begin (5) presentation and discussion of all options with the person;
new text end

new text begin (6) documentation, in a manner prescribed by the commissioner, of each option discussed;
new text end

new text begin (7) exploration and development of new or other options;
new text end

new text begin (8) facilitation of opportunities to visit alternative locations or to engage in experiences
to understand how any service option might work for the person;
new text end

new text begin (9) opportunities to meet with other individuals with disabilities who live, work, and
receive services different from the person's own services;
new text end

new text begin (10) development of a transition plan, when needed or requested by the person, to
facilitate the choice to move from one service type or setting to another, and authorization
of the services and supports necessary to effectuate the plan;
new text end

new text begin (11) identification of any barriers to assisting or implementing the person's informed
choice and authorization of the services and supports necessary to overcome those barriers;
and
new text end

new text begin (12) ample time and timely opportunity to consider available options before the individual
makes a final choice or changes a choice.
new text end

Sec. 4.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Informed choice in employment policy. new text end

new text begin It is the policy of this state that
working-age individuals who have disabilities:
new text end

new text begin (1) can work and achieve competitive integrated employment with appropriate services
and supports, as needed;
new text end

new text begin (2) make informed choices about their work and career goals; and
new text end

new text begin (3) will be offered the opportunity to make an informed choice, at least annually, to
pursue postsecondary education or to work and earn a competitive wage.
new text end

Sec. 5.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Informed choice in employment implementation. new text end

new text begin The commissioner of
human services shall ensure that:
new text end

new text begin (1) disability services align with the employment first policy adopted by the Olmstead
subcabinet on September 29, 2014, or successor policies; and
new text end

new text begin (2) all working-age individuals who have disabilities are offered, after an informed
decision-making process and during a person-centered planning process, the opportunity
to pursue postsecondary education and earn meaningful credentials; and to work and earn,
with appropriate services and supports, a competitive wage in work or a career that the
individual chooses before being offered exclusively day services as defined in section
245D.03, subdivision 1, paragraph (c), clause (4), or successor provisions.
new text end

Sec. 6.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Informed choice in community living policy. new text end

new text begin It is the policy of this state that
all adults who have disabilities:
new text end

new text begin (1) can live in the communities of the individual's choosing with appropriate services
and supports as needed; and
new text end

new text begin (2) will be offered the opportunity, at least annually, to make an informed choice to live
outside of a provider-controlled setting.
new text end

Sec. 7.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Informed choice in community living implementation. new text end

new text begin The commissioner
of human services shall ensure that:
new text end

new text begin (1) disability services support the presumption that all adults who have disabilities can
and want to live in the communities of the individual's choosing with services and supports
as needed; and
new text end

new text begin (2) all adults who have disabilities are offered, after an informed decision-making process
and during a person-centered planning process, the services and supports the individual
needs to live as the individual chooses, including in a non-provider-controlled setting.
Provider-controlled settings include customized living services provided in a single-family
home or residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), or successor provisions, unless the residential services and supports
are provided in a family adult foster care residence under a shared living option as described
in Laws 2013, chapter 108, article 7, section 62.
new text end

Sec. 8.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Informed choice in self-direction policy. new text end

new text begin It is the policy of this state that adults
who have disabilities and families of children who have disabilities:
new text end

new text begin (1) can direct the adult's or child's needed services and supports; and
new text end

new text begin (2) will be offered the opportunity to make an informed choice to self-direct the adult's
or child's services and supports before being offered options that do not allow the adult or
family to self-direct the adult's or child's services and supports.
new text end

Sec. 9.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Informed choice in self-direction implementation. new text end

new text begin The commissioner of
human services shall ensure that:
new text end

new text begin (1) disability services support the presumption that adults who have disabilities and
families of children who have disabilities can direct all of the adult's or child's services and
supports, including control over the funding of the adult's or child's services and supports;
new text end

new text begin (2) at intervals described in clause (3), adults who have disabilities and families of
children who have disabilities are offered, after an informed decision-making process and
during a person-centered planning process, the option to direct the adult's or child's services
and supports, including the option to have control over the funding of the adult's or child's
services and supports; and
new text end

new text begin (3) adults who have disabilities and families of children who have disabilities are offered
the options described in clause (2) at least annually during regularly scheduled planning
meetings or more frequently when:
new text end

new text begin (i) the adults who have disabilities or families of children who have disabilities requests
or suggests the options described in clause (2) or when the adult or family expresses
dissatisfaction with services and supports that do not allow for self-direction;
new text end

new text begin (ii) the family or a legal representative of the individual with disabilities requests or
suggests the options described in clause (2);
new text end

new text begin (iii) any member of the individual's service planning team or expanded service planning
team requests or suggests the options described in clause (2); or
new text end

new text begin (iv) self-directed services and supports could enhance the individual's independence or
quality of life.
new text end

Sec. 10.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Informed choice in technology policy. new text end

new text begin It is the policy of this state that all
adults who have disabilities and children who have disabilities:
new text end

new text begin (1) can use assistive technology, remote supports, or a combination of both to enhance
the adult's or child's independence and quality of life; and
new text end

new text begin (2) will be offered an opportunity, at least annually, to make an informed choice about
the adult's or child's use of assistive technology and remote supports.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256B.4905, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Informed choice in technology implementation. new text end

new text begin (a) The commissioner of
human services shall ensure that:
new text end

new text begin (1) disability services support the presumption that adults who have disabilities and
children who have disabilities can use or benefit from assistive technology, remote supports,
or both;
new text end

new text begin (2) at intervals described in clause (3), adults who have disabilities and families of
children who have disabilities are offered, after an informed decision-making process and
during a person-centered planning process, the opportunity to choose assistive technology,
remote support, or both, to ensure equitable access; and
new text end

new text begin (3) adults who have disabilities and families of children who have disabilities are offered
the options described in clause (2) at least annually during a regularly scheduled planning
meeting or more frequently when:
new text end

new text begin (i) the adult who has disabilities or the family of a child who has a disability requests
or suggests the options described in clause (2) or when the adult or family expresses
dissatisfaction with in-person services and supports;
new text end

new text begin (ii) the family or a legal representative of the individual with disabilities requests or
suggests the options described in clause (2);
new text end

new text begin (iii) any member of the individual's service planning team or expanded service planning
team requests or suggests the options described in clause (2); or
new text end

new text begin (iv) assistive technology, remote supports, or both could enhance the individual's
independence or quality of life.
new text end

new text begin (b) The availability of assistive technology, remote supports, or both, shall not preclude
an individual with disabilities from accessing in-person supports and services, nor shall it
result in a denial of in-person supports and services.
new text end

Sec. 12.

Laws 2019, First Special Session chapter 9, article 5, section 86, subdivision 1,
as amended by Laws 2020, First Special Session chapter 2, article 3, section 2, subdivision
1, is amended to read:


Subdivision 1.

Intent.

It is the intent of the legislature to reform the medical assistance
waiver programs for people with disabilities to simplify administration of the programs.
Disability waiver reconfiguration must incentivize inclusive, person-centered, individualized
supports and services; enhance each person's self-determination and personal authority over
the person's service choice; align benefits across waivers; ensure equity across programs
and populations; new text beginaccess and address rural disparities and institutional bias in services and
programs;
new text endpromote long-term sustainability of waiver services; and maintain service stability
and continuity of care while prioritizing, promoting, and creating incentives for independent,
integrated, and individualized supports and services chosen by each person through an
informed decision-making process and person-centered planning.

Sec. 13. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 256B.4905, subdivisions 1, 2, 3, 4, 5, and 6, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02060

256B.4905 HOME AND COMMUNITY-BASED SERVICES POLICY STATEMENT.

Subdivision 1.

Employment first policy.

It is the policy of this state that all working-age Minnesotans with disabilities can work, want to work, and can achieve competitive integrated employment, and that each working-age Minnesotan with a disability be offered the opportunity to work and earn a competitive wage before being offered other supports and services.

Subd. 2.

Employment first implementation for disability waiver services.

The commissioner of human services shall ensure that:

(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption that all working-age Minnesotans with disabilities can work, want to work, and can achieve competitive integrated employment; and

(2) each waiver recipient of working age be offered, after an informed decision-making process and during a person-centered planning process, the opportunity to work and earn a competitive wage before being offered exclusively day services as defined in section 245D.03, subdivision 1, paragraph (c), clause (4), or successor provisions.

Subd. 3.

Independent living first policy.

It is the policy of this state that all adult Minnesotans with disabilities can and want to live independently with proper supports and services and that each adult Minnesotan with a disability be offered the opportunity to live as independently as possible before being offered supports and services in provider-controlled settings.

Subd. 4.

Independent living first implementation for disability waiver services.

The commissioner of human services shall ensure that:

(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption that all adult Minnesotans with disabilities can and want to live independently with proper services and supports as needed; and

(2) each adult waiver recipient be offered, after an informed decision-making process and during a person-centered planning process, the opportunity to live as independently as possible before being offered customized living services provided in a single family home or residential supports and services as defined in section 245D.03, subdivision 1, paragraph (c), clause (3), or successor provisions, unless the residential supports and services are provided in a family adult foster care residence under a shared living option as described in Laws 2013, chapter 108, article 7, section 62.

Subd. 5.

Self-direction first policy.

It is the policy of this state that adult Minnesotans with disabilities and families of children with disabilities can and want to use self-directed services and supports and that each adult Minnesotan with a disability and each family of the child with a disability be offered the opportunity to choose self-directed services and supports before being offered services and supports that are not self-directed.

Subd. 6.

Self-directed first implementation for disability waiver services.

The commissioner of human services shall ensure that:

(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption that adult Minnesotans with disabilities and families of children with disabilities can and want to use self-directed services and supports, including self-directed funding options; and

(2) each waiver recipient be offered, after an informed decision-making process and during a person-centered planning process, the opportunity to choose self-directed services and supports, including self-directed funding options, before being offered services and supports that are not self-directed.