3rd Engrossment - 94th Legislature (2025 - 2026) Posted on 06/03/2025 11:18am
A bill for an act
relating to human services; modifying provisions relating to aging services,
disability services, health care services, behavioral health services, background
studies, Department of Human Services program integrity, direct care and treatment
services, and housing supports; establishing a patient driven payment model
phase-in, the Minnesota Caregiver Defined Contribution Retirement Fund Trust,
early intensive developmental and behavioral intervention provisional licensure,
and recovery residence certification; adjusting rates for nursing home wage
standards; establishing an advisory task force and workgroups; creating a civil
cause of action; creating grants; requiring reports; making forecast adjustments;
appropriating money; amending Minnesota Statutes 2024, sections 13.46,
subdivisions 2, 3; 142A.02, subdivision 1; 142A.09, subdivision 1; 144.0724,
subdivisions 2, 11, by adding a subdivision; 179A.54, by adding a subdivision;
245.095, subdivision 5, by adding a subdivision; 245.462, subdivision 20; 245.4661,
subdivisions 2, 6, 7; 245.467, subdivision 4; 245.4711, subdivisions 1, 4; 245.4712,
subdivisions 1, 3; 245.4871, subdivision 5; 245.735, subdivision 3; 245.91,
subdivision 4; 245A.03, by adding a subdivision; 245A.04, subdivisions 1, 7;
245A.042, by adding a subdivision; 245A.043, by adding a subdivision; 245A.05;
245A.07, subdivision 2; 245A.10, subdivisions 2, 3, 4, 8; 245C.02, subdivision 7;
245C.03, subdivisions 6, 13, 15; 245C.04, subdivision 6, by adding a subdivision;
245C.08, subdivision 5; 245C.10, by adding a subdivision; 245C.13, subdivision
2; 245C.14, by adding subdivisions; 245C.15, subdivisions 1, 4a; 245C.16,
subdivision 1; 245C.22, subdivisions 3, 8; 245D.091, subdivisions 2, 3; 245F.08,
subdivision 3; 245G.01, subdivision 13b, by adding subdivisions; 245G.02,
subdivision 2; 245G.07, subdivisions 1, 3, 4, by adding subdivisions; 245G.11,
subdivision 6, by adding a subdivision; 245G.22, subdivisions 11, 15; 246.54,
subdivisions 1a, 1b; 246B.10; 246C.091, subdivision 3; 252.27, by adding
subdivisions; 254A.19, subdivision 4; 254B.01, subdivisions 10, 11; 254B.02,
subdivision 5; 254B.03, subdivisions 1, 3, 4; 254B.04, subdivisions 1a, 5, 6, 6a;
254B.05, subdivisions 1, 1a, 5, by adding a subdivision; 254B.052, by adding a
subdivision; 254B.06, subdivision 2, by adding a subdivision; 254B.09, subdivision
2; 254B.19, subdivision 1; 256.01, subdivisions 29, 34; 256.043, subdivision 3;
256.9657, subdivisions 1, 7a; 256.9752, subdivision 3; 256.983, subdivision 4;
256B.051, subdivision 6, by adding a subdivision; 256B.0625, subdivisions 5m,
20; 256B.0659, subdivisions 17a, 21; 256B.0757, subdivision 4c; 256B.0761,
subdivision 4; 256B.0911, subdivisions 1, 10, 13, 14, 17, 24, 26, 30, by adding
subdivisions; 256B.0922, subdivision 1, by adding a subdivision; 256B.0924,
subdivision 6; 256B.0949, subdivisions 15, 16, 16a, by adding a subdivision;
256B.14, subdivision 2; 256B.19, subdivision 1; 256B.434, subdivision 4k;
256B.4912, subdivision 1; 256B.4914, subdivisions 3, 5, 5a, 5b, 6a, 6b, 6c, 8, 9,
by adding subdivisions; 256B.766; 256B.85, subdivisions 7a, 8, 12, 16; 256B.851,
subdivisions 5, 6, 7, by adding subdivisions; 256G.08, subdivisions 1, 2; 256G.09,
subdivisions 1, 2; 256I.03, subdivision 11a; 256I.04, subdivision 2a; 256I.05,
subdivisions 1d, 1e, 1f, 1g, 1h, 1i, 1j, 1k, 1l, 1m, 1n, 1p, 1q, 1r, 1s, 1t, 1u, 2;
256R.02, subdivision 19, by adding subdivisions; 256R.23, subdivisions 2, 3;
256R.24, subdivision 1; 256R.25; 260E.14, subdivision 1; 325F.725; 609A.015,
subdivision 4; 609A.055, subdivision 3; 611.43, by adding a subdivision; 611.46,
subdivision 1; 611.55, by adding a subdivision; 626.5572, subdivision 13; Laws
2021, First Special Session chapter 7, article 13, sections 73; 75, subdivision 4, as
amended; Laws 2023, chapter 61, article 1, sections 5; 27; 30; 32; 47; 61,
subdivision 4; 85; article 9, section 2, subdivisions 13, 14, as amended; Laws 2024,
chapter 125, article 8, section 2, subdivision 19; proposing coding for new law in
Minnesota Statutes, chapters 245A; 245D; 254B; 256; 256K; 256R; repealing
Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07, subdivision
2; 254B.01, subdivision 5; 254B.04, subdivision 2a; 254B.181; Laws 2021, First
Special Session chapter 7, article 13, section 75, subdivisions 3, as amended, 6,
as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2024, section 256.9657, subdivision 1, is amended to read:
(a) deleted text begin Effective July 1, 1993,deleted text end Each
non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner
an annual surcharge according to the schedule in subdivision 4. The surcharge shall be
calculated as deleted text begin $620deleted text end new text begin $2,815new text end per licensed bed. If the number of licensed beds is deleted text begin reduceddeleted text end new text begin
changednew text end , the surcharge shall be based on the number of deleted text begin remainingdeleted text end licensed beds deleted text begin the second
month following the receipt of timely notice by the commissioner of human services that
beds have been delicenseddeleted text end new text begin on the first day of the month following the change in number of
licensed bedsnew text end . The nursing home must notify the commissioner of health in writing when
beds are new text begin licensed or new text end delicensed. deleted text begin The commissioner of health must notify the commissioner
of human services within ten working days after receiving written notification. If the
notification is received by the commissioner of human services by the 15th of the month,
the invoice for the second following month must be reduced to recognize the delicensing
of beds. Beds on layaway status continue to be subject to the surcharge.deleted text end The commissioner
of human services must acknowledge a medical care surcharge appeal within deleted text begin 30deleted text end new text begin 90new text end days
of receipt of the written appeal from the provider.
(b) Effective deleted text begin July 1, 1994, the surcharge in paragraph (a) shall be increased to $625deleted text end new text begin
January 1, 2026, or the first day of the month following federal approval, whichever is later,
the surcharge under this subdivision shall be increased to $5,900new text end .
deleted text begin
(c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased to
$990.
deleted text end
deleted text begin
(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased to
$2,815.
deleted text end
deleted text begin (e)deleted text end new text begin (c)new text end The commissioner deleted text begin may reduce, and may subsequently restore, the surcharge under
paragraph (d) based on the commissioner's determination of a permissible surchargedeleted text end new text begin must
decrease the amount under this subdivision as necessary to remain under the allowable
federal tax percent in Code of Federal Regulations, title 42, part 433new text end .
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256.9657, subdivision 7a, is amended to read:
If any provider obligated to pay an annual surcharge under this
section is more than two months delinquent in the timely payment of a monthly surcharge
installment payment, the provisions in paragraphs (a) to (f) apply.
(a) The department may withhold some or all of the amount of the delinquent surcharge,
together with any interest and penalties due and owing on those amounts, from any money
the department owes to the provider. The department may, at its discretion, also withhold
future surcharge installment payments from any money the department owes the provider
as those installments become due and owing. The department may continue this withholding
until the department determines there is no longer any need to do so.
(b) The department shall give prior notice of the department's intention to withhold by
mailingnew text begin or emailingnew text end a deleted text begin writtendeleted text end notice to the provider at the address to which remittance
advices are mailednew text begin , placing the notice in the provider's MN-ITS mailbox,new text end or faxing a copy
of the notice to the provider at least ten business days before the date of the first payment
period for which the withholding begins. The notice may be sent by ordinary or certified
mail,new text begin email, MN-ITS mailbox,new text end or facsimile, and shall be deemed received as of the date of
mailing or deleted text begin receiptdeleted text end new text begin issuancenew text end of the facsimilenew text begin , email, MN-ITS mailbox, or distributionnew text end . The
notice shall:
(1) state the amount of the delinquent surcharge;
(2) state the amount of the withholding per payment period;
(3) state the date on which the withholding is to begin;
(4) state whether the department intends to withhold future installments of the provider's
surcharge payments;
(5) inform the provider of their rights to informally object to the proposed withholding
and to appeal the withholding as provided for in this subdivision;
(6) state that the provider may prevent the withholding during the pendency of their
appeal by posting a bond; and
(7) state other contents as the department deems appropriate.
(c) The provider may informally object to the withholding in writing anytime before the
withholding begins. An informal objection shall not stay or delay the commencement of
the withholding. The department may postpone the commencement of the withholding as
deemed appropriate and shall not be required to give another notice at the end of the
postponement and before commencing the withholding. The provider shall have the right
to appeal any withholding from remittances by filing an appeal with Ramsey County District
Court and serving notice of the appeal on the department within 30 days of the date of the
written notice of the withholding. Notice shall be given and the appeal shall be heard no
later than 45 days after the appeal is filed. In a hearing of the appeal, the department's action
shall be sustained if the department proves the amount of the delinquent surcharges or
overpayment the provider owes, plus any accrued interest and penalties, has not been repaid.
The department may continue withholding for delinquent and current surcharge installment
payments during the pendency of an appeal unless the provider posts a bond from a surety
company licensed to do business in Minnesota in favor of the department in an amount
equal to two times the provider's total annual surcharge payment for the fiscal year in which
the appeal is filed with the department.
(d) The department shall refund any amounts due to the provider under any final
administrative or judicial order or decree which fully and finally resolves the appeal together
with interest on those amounts at the rate of three percent per annum simple interest computed
from the date of each withholding, as soon as practical after entry of the order or decree.
(e) The commissioner, or the commissioner's designee, may enter into written settlement
agreements with a provider to resolve disputes and other matters involving unpaid surcharge
installment payments or future surcharge installment payments.
(f) Notwithstanding any law to the contrary, all unpaid surcharges, plus any accrued
interest and penalties, shall be overpayments for purposes of section 256B.0641.
Minnesota Statutes 2024, section 256.9752, subdivision 3, is amended to read:
(a) Funds allocated to an area agency on aging
for nutrition support services may be used for the following:
(1) transportation of home-delivered meals and purchased food and medications to the
residence of a senior citizen;
(2) expansion of home-delivered meals into unserved and underserved areas;
(3) transportation to supermarkets or delivery of groceries from supermarkets to homes;
(4) vouchers for food purchases at selected restaurants in isolated rural areas;
(5) the Supplemental Nutrition Assistance Program (SNAP) outreach;
(6) transportation of seniors to congregate dining sites;
(7) nutrition screening assessments and counseling as needed by individuals with special
dietary needs, performed by a licensed dietitian or nutritionist; deleted text begin and
deleted text end
(8) other appropriate services which support senior nutrition programs, including new
service delivery modelsnew text begin ; and
new text end
new text begin (9) innovative models of providing healthy and nutritious meals to seniors, including
through partnerships with schools, restaurants, and other community partnersnew text end .
(b) An area agency on aging may transfer unused funding for nutrition support services
to fund congregate dining services and home-delivered mealsnew text begin , but state money transferred
under this paragraph is not subject to federal requirementsnew text end .
Minnesota Statutes 2024, section 256B.0922, subdivision 1, is amended to read:
(a) The purpose of the essential
community supports program is to provide targeted services to persons deleted text begin age 65 and olderdeleted text end
who need essential community support, but whose needs do not meet the level of care
required for nursing facility placement under section 144.0724, subdivision 11new text begin , and who
are either 60 years of age or older or are persons with dementianew text end .
(b) Essential community supports are available not to exceed $400 per person per month.
Essential community supports may be used as authorized within an authorization period
not to exceed 12 months. Services must be available to a person who:
(1) is age deleted text begin 65deleted text end new text begin 60new text end or oldernew text begin or has a score on the cognitive screening tool conducted as part
of the MnCHOICES assessment under section 256B.0911 that indicates the possible presence
of dementianew text end ;
(2) is not eligible for medical assistance;
(3) has received a community assessment under section 256B.0911, subdivisions 17 to
21, 23, 24, or 27, and does not require the level of care provided in a nursing facility;
(4) meets the financial eligibility criteria deleted text begin for the alternative care program under section
256B.0913, subdivision 4deleted text end new text begin under subdivision 3new text end ;
(5) has an assessment summary; and
(6) has been determined by a community assessment under section 256B.0911,
subdivisions 17 to 21, 23, 24, or 27, to be a person who would require provision of at least
one of the following services, as defined in the approved elderly waiver plan, in order to
maintain their community residence:
(i) adult day services;
(ii) caregiver support;
(iii) homemaker support;
(iv) chores;
(v) a personal emergency response device or system;
(vi) home-delivered meals; deleted text begin or
deleted text end
(vii) community living assistance as defined by the commissionernew text begin ; or
new text end
new text begin (viii) respite carenew text end .
(c) The person receiving any of the essential community supports in this subdivision
must also receive service coordination, not to exceed $600 in a 12-month authorization
period, as part of their assessment summary.
(d) A person who has been determined to be eligible for essential community supports
must be reassessed at least annually and continue to meet the criteria in paragraph (b) to
remain eligible for essential community supports.
(e) The commissioner is authorized to use federal matching funds for essential community
supports as necessary and to meet demand for essential community supports as outlined in
subdivision 2, and that amount of federal funds is appropriated to the commissioner for this
purpose.
Minnesota Statutes 2024, section 256B.0922, is amended by adding a subdivision
to read:
new text begin
(a) To be eligible for essential community
supports, a person may have an income up to 400 percent of the federal poverty guidelines
for the household size. When determining financial eligibility under this subdivision, the
commissioner must use the income methodology described in section 256B.056, subdivision
1a, paragraph (b).
new text end
new text begin
(b) No asset limit applies to a person eligible for essential community supports.
new text end
Minnesota Statutes 2024, section 256B.434, subdivision 4k, is amended to read:
(a) A rate increase
under this subdivision ends upon the effective date of the transition of the facility's property
rate to a property payment rate under section 256R.26, subdivision 8deleted text begin , or May 31, 2026,
whichever is earlierdeleted text end .
(b) The commissioner shall increase the property rate of a nursing facility located in the
city of St. Paul at 1415 Almond Avenue in Ramsey County by $10.65 on January 1, 2025.
(c) The commissioner shall increase the property rate of a nursing facility located in the
city of Duluth at 3111 Church Place in St. Louis County by $20.81 on January 1, 2025.
(d) The commissioner shall increase the property rate of a nursing facility located in the
city of Chatfield at 1102 Liberty Street SE in Fillmore County by $21.35 on January 1,
2025.
deleted text begin
(e) Effective January 1, 2025, through June 30, 2025, the commissioner shall increase
the property rate of a nursing facility located in the city of Fergus Falls at 1131 South
Mabelle Avenue in Ottertail County by $38.56.
deleted text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 256R.02, subdivision 19, is amended to read:
"External fixed costs" means costs related to the nursing
home surcharge under section 256.9657, subdivision 1; licensure fees under section 144.122;
family advisory council fee under section 144A.33; scholarships under section 256R.37;
planned closure rate adjustments under section 256R.40; consolidation rate adjustments
under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d;
single-bed room incentives under section 256R.41; property taxes, special assessments, and
payments in lieu of taxes; employer health insurance costs; quality improvement incentive
payment rate adjustments under section 256R.39; performance-based incentive payments
under section 256R.38; special dietary needs under section 256R.51; Public Employees
Retirement Association employer costs; deleted text begin anddeleted text end border city rate adjustments under section
256R.481new text begin ; and the rate adjustment for nursing home wage standards under section 256R.495new text end .
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later, and applies retroactively to the rate year beginning January 1, 2026. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision to
read:
new text begin
"Known cost change factor" means 1.00 plus
the average amount of increase in minimum wages for nursing home employees approved
by the Nursing Home Workforce Standards Board established under section 181.212 that
have taken effect within the previous 12 months.
new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision to
read:
new text begin
"Patient driven payment model"
or "PDPM" has the meaning given in section 144.0724, subdivision 2.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256R.02, is amended by adding a subdivision
to read:
new text begin
"Resource utilization group" or "RUG"
has the meaning given in section 144.0724, subdivision 2.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256R.23, subdivision 2, is amended to read:
Each facility's direct
care cost per standardized day isnew text begin calculated as follows: (1) multiplynew text end the facility's direct care
costs deleted text begin divideddeleted text end new text begin and the known cost change factor; and (2) divide the result of clause (1)new text end by
the sum of the facility's standardized days. A facility's direct care cost per standardized day
is the facility's cost per day for direct care services associated with a case mix index of 1.00.
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
Minnesota Statutes 2024, section 256R.23, subdivision 3, is amended to read:
Each facility's other
care-related cost per resident day is deleted text begin itsdeleted text end new text begin calculated as follows:
new text end
new text begin (1) multiply the facility'snew text end other care-related costsdeleted text begin , divideddeleted text end new text begin and the known cost change
factor; and
new text end
new text begin (2) divide the result of clause (1)new text end by the sum of the facility's resident days.
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
Minnesota Statutes 2024, section 256R.24, subdivision 1, is amended to read:
Each facility's other
operating cost per day is deleted text begin itsdeleted text end new text begin calculated as follows:
new text end
new text begin (1) multiply the facility'snew text end other operating costs deleted text begin divideddeleted text end new text begin and the known cost change factor;
and
new text end
new text begin (2) divide the result of clause (1)new text end by the sum of the facility's resident days.
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later, and applies retroactively to the rate year beginning January 1, 2027. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
Minnesota Statutes 2024, section 256R.25, is amended to read:
deleted text begin (a)deleted text end The payment
rate for external fixed costs is the sum of the amounts in deleted text begin paragraphs (b) to (p)deleted text end new text begin subdivisions
2 to 17new text end .
deleted text begin (b)deleted text end For a facility licensed as a nursing home, the portion
related to the provider surcharge under section 256.9657 is equal to deleted text begin $8.86deleted text end new text begin $19.02new text end per resident
day. For a facility licensed as both a nursing home and a boarding care home, the portion
related to the provider surcharge under section 256.9657 is equal to deleted text begin $8.86deleted text end new text begin $19.02new text end per resident
day multiplied by the result of its number of nursing home beds divided by its total number
of licensed beds.new text begin The commissioner must decrease the portion related to the provider
surcharge as necessary to conform to decreases in the nursing home license surcharge fee
under section 256.9657.
new text end
deleted text begin (c)deleted text end The portion related to the licensure fee under section 144.122,
paragraph (d), is the amount of the fee divided by the sum of the facility's resident days.
deleted text begin (d)deleted text end The portion related to development and education of
resident and family advisory councils under section 144A.33 is $5 per resident day divided
by 365.
deleted text begin (e)deleted text end The portion related to scholarships is determined under section
256R.37.
deleted text begin (f)deleted text end The portion related to planned closure rate adjustments
is as determined under section 256R.40, subdivision 5, and Minnesota Statutes 2010, section
256B.436.
deleted text begin (g)deleted text end The portion related to consolidation rate adjustments shall
be as determined under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and
(6), and 4d.
deleted text begin (h)deleted text end The portion related to single-bed room incentives is as
determined under section 256R.41.
deleted text begin (i)deleted text end The portions related to real estate taxes, special assessments, and
payments made in lieu of real estate taxes directly identified or allocated to the nursing
facility are the allowable amounts divided by the sum of the facility's resident days. Allowable
costs under this paragraph for payments made by a nonprofit nursing facility that are in lieu
of real estate taxes shall not exceed the amount which the nursing facility would have paid
to a city or township and county for fire, police, sanitation services, and road maintenance
costs had real estate taxes been levied on that property for those purposes.
deleted text begin (j)deleted text end The portion related to employer health insurance costs
is deleted text begin thedeleted text end new text begin calculated as follows:
new text end
new text begin (1) multiply the facility'snew text end allowablenew text begin employer health insurancenew text end costs deleted text begin divideddeleted text end new text begin and the
known cost change factor; and
new text end
new text begin (2) divide the result of clause (1)new text end by the sum of the facility's resident days.
deleted text begin (k)deleted text end The portion related to the Public Employees
Retirement Association is the allowable costs divided by the sum of the facility's resident
days.
deleted text begin (l)deleted text end The portion related to quality
improvement incentive payment rate adjustments is the amount determined under section
256R.39.
deleted text begin (m)deleted text end The portion related to performance-based
incentive payments is the amount determined under section 256R.38.
deleted text begin (n)deleted text end The portion related to special dietary needs is the amount
determined under section 256R.51.
deleted text begin (o)deleted text end The portion related to the rate adjustments for border
city facilities is the amount determined under section 256R.481.
deleted text begin (p)deleted text end The portion related to the rate adjustment for
critical access nursing facilities is the amount determined under section 256R.47.
new text begin
The portion related to the rate adjustment
for nursing home wage standards is the amount determined under section 256R.495. This
paragraph expires January 1, 2029.
new text end
new text begin
The amendments to subdivisions 1 and 17 are effective January
1, 2026, or upon federal approval, whichever is later, and apply retroactively to the rate
year beginning January 1, 2026. The amendments to subdivision 2 are effective January 1,
2026, or the first day of the month following federal approval, whichever is later. The
amendments to subdivision 10 are effective January 1, 2027, or upon federal approval,
whichever is later, and apply retroactively to the rate year beginning January 1, 2027. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
new text begin
Effective for the rate years beginning
January 1, 2026, and January 1, 2027, nursing facility rates under this chapter must include
a rate adjustment to pay for the nursing home wage standards promulgated by the Nursing
Home Workforce Standards Board and adopted as proposed on October 28, 2024. Each
nursing facility reimbursed under this chapter must report to the commissioner the wage
rate for every employee and contracted employee below the minimum wage standards
established by the board under section 181.212.
new text end
new text begin
(a)
To receive a rate adjustment, a nursing facility must submit an application for each rate year
in which the rate adjustment under this section is in effect to the commissioner in a form
and manner determined by the commissioner. The application must include data for a period
beginning with the first pay period after July 1 of the year prior to the rate year in which
the rate adjustment takes effect, including at least three months of employee compensated
hours by wage rate and a spending plan that describes how the funds from the rate adjustment
will be allocated for compensation to employees as defined by Minnesota Rules, part
5200.2060, that are paid less than the general wage standards defined in Minnesota Rules,
part 5200.2080, and the wage standards for certain positions defined by Minnesota Rules,
part 5200.2090. The application must be submitted by October 1 of the year prior to the
rate year in which the rate adjustment takes effect. The commissioner may request any
additional information needed to determine the rate adjustment within 20 calendar days of
receiving a completed application. The nursing facility must provide any additional
information requested by the commissioner within 20 calendar days of receiving a request
from the commissioner for additional information. The commissioner may waive the
deadlines in this subdivision under extraordinary circumstances.
new text end
new text begin
(b) For a nursing facility in which employees are represented by an exclusive bargaining
representative, the commissioner shall approve an application submitted under this
subdivision only upon receipt of a letter of acceptance of the spending plan in regard to
members of the bargaining unit, signed by the exclusive bargaining agent and dated after
July 1 of the year prior to the rate year in which the rate adjustment takes effect. Upon
receipt of the letter of acceptance, the commissioner shall deem all requirements of this
paragraph met in regard to the members of the bargaining unit.
new text end
new text begin
Based on the application in
subdivision 2, the commissioner shall calculate the annualized compensation costs by adding
the totals of clauses (1) to (5). The result must be divided by the resident days from the most
recently available cost report to determine a per diem amount, which must be included in
the external fixed costs payment rate under section 256R.25:
new text end
new text begin
(1) for all nursing home workers, the sum of the difference between $19 and any hourly
wage rate of less than $19 multiplied by the number of compensated hours at that wage
rate;
new text end
new text begin
(2) for certified nursing assistants, the sum of the difference between $22.50 and any
hourly wage rate of less than $22.50 multiplied by the number of compensated hours at that
wage rate;
new text end
new text begin
(3) for trained medication aides, the sum of the difference between $23.50 and any hourly
wage rate of less than $23.50 multiplied by the number of compensated hours at that wage
rate;
new text end
new text begin
(4) for licensed practical nurses, the sum of the difference between $27 and any hourly
wage rate of less than $27 multiplied by the number of compensated hours at that wage
rate; and
new text end
new text begin
(5) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, workers' compensation, pensions, and contributions to employee
retirement accounts attributable to the amounts in clauses (1) to (4).
new text end
new text begin
Based on the application in
subdivision 2, the commissioner shall calculate the annualized compensation costs by adding
the totals of clauses (1) to (5). The result must be divided by the resident days from the most
recently available cost report to determine a per diem amount, which must be included in
the external fixed costs payment rate under section 256R.25:
new text end
new text begin
(1) for all nursing home workers, the sum of the difference between $20.50 and any
hourly wage rate of less than $20.50 multiplied by the number of compensated hours at that
wage rate;
new text end
new text begin
(2) for certified nursing assistants, the sum of the difference between $24 and any hourly
wage rate of less than $24 multiplied by the number of compensated hours at that wage
rate;
new text end
new text begin
(3) for trained medication aides, the sum of the difference between $25 and any hourly
wage rate of less than $25 multiplied by the number of compensated hours at that wage
rate;
new text end
new text begin
(4) for licensed practical nurses, the sum of the difference between $28.50 and any hourly
wage rate of less than $28.50 multiplied by the number of compensated hours at that wage
rate; and
new text end
new text begin
(5) the sum of the employer's share of FICA taxes, Medicare taxes, state and federal
unemployment taxes, workers' compensation, pensions, and contributions to employee
retirement accounts attributable to the amounts in clauses (1) to (4).
new text end
new text begin
(a) For the rate year beginning January 1, 2026,
nursing facilities that receive approval of the application in subdivision 2 must receive a
rate adjustment according to subdivision 3. The rate adjustment must continue to be included
in the external fixed costs payment rate under section 256R.25 until January 1, 2028.
new text end
new text begin
(b) For the rate year beginning January 1, 2027, nursing facilities that receive approval
of the application in subdivision 2 must receive a rate adjustment according to subdivision
4. The rate adjustment must continue to be included in the external fixed costs payment rate
under section 256R.25 until January 1, 2029.
new text end
new text begin
This section expires January 1, 2029.
new text end
new text begin
This section is effective July 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
new text begin
From October 1, 2025, to December 31, 2028, the
commissioner shall determine an adjustment to the total payment rate for each facility as
determined under sections 256R.21 and 256R.27 to phase in the direct care payment rate
from the RUG-IV case mix classification system to the patient driven payment model
(PDPM) case mix classification system.
new text end
new text begin
(a) The commissioner
must determine the RUG-IV standardized days and facility average case mix using the sum
of the resident days by case mix classification for all payers on the Minnesota Statistical
and Cost Report.
new text end
new text begin
(b) For the rate year beginning January 1, 2028, to December 31, 2028:
new text end
new text begin
(1) the commissioner must determine the RUG-IV facility average case mix using the
sum of the resident days by the case mix classification for all payers on the September 30,
2025, Minnesota Statistical and Cost Report; and
new text end
new text begin
(2) the commissioner must determine the RUG-IV standardized days by multiplying the
resident days on the September 30, 2026, Minnesota Statistical and Cost Report by the
RUG-IV facility case mix index determined under clause (1).
new text end
new text begin
The
commissioner must determine a facility's RUG-IV medical assistance case mix adjusted
direct care payment rate as the product of:
new text end
new text begin
(1) the facility's RUG-IV direct care and payment rate determined in section 256R.23,
subdivision 7, using the RUG-IV standardized days determined in subdivision 2; and
new text end
new text begin
(2) the corresponding medical assistance facility average case mix index for medical
assistance days determined in subdivision 2.
new text end
new text begin
The
commissioner must determine a facility's PDPM medical assistance case mix adjusted direct
care payment rate as the product of:
new text end
new text begin
(1) the facility's direct care payment rate determined in section 256R.23, subdivision 7;
and
new text end
new text begin
(2) the corresponding medical assistance facility average case mix index for medical
assistance days as defined in section 256R.02, subdivision 20.
new text end
new text begin
The
commissioner must determine a facility's blended medical assistance case mix adjusted
direct care payment rate as the sum of:
new text end
new text begin
(1) the RUG-IV medical assistance case mix adjusted direct care payment rate determined
in subdivision 3 multiplied by the following percentages:
new text end
new text begin
(i) from October 1, 2025, to December 31, 2026, 75 percent;
new text end
new text begin
(ii) from January 1, 2027, to December 31, 2027, 50 percent; and
new text end
new text begin
(iii) from January 1, 2028, to December 31, 2028, 25 percent; and
new text end
new text begin
(2) the PDPM medical assistance case mix adjusted direct care payment rate determined
in subdivision 4 multiplied by the following percentages:
new text end
new text begin
(i) October 1, 2025, to December 31, 2026, 25 percent;
new text end
new text begin
(ii) January 1, 2027, to December 31, 2027, 50 percent; and
new text end
new text begin
(iii) January 1, 2028, to December 31, 2028, 75 percent.
new text end
new text begin
The commissioner shall determine a facility's
PDPM phase-in rate adjustment as the difference between:
new text end
new text begin
(1) the blended medical assistance case mix adjusted direct care payment rate determined
in subdivision 5; and
new text end
new text begin
(2) the PDPM medical assistance case mix adjusted direct care payment rate determined
in section 256R.23, subdivision 7.
new text end
new text begin
This section is effective October 1, 2025.
new text end
Minnesota Statutes 2024, section 144.0724, subdivision 2, is amended to read:
For purposes of this section, the following terms have the meanings
given.
(a) "Assessment reference date" or "ARD" means the specific end point for look-back
periods in the MDS assessment process. This look-back period is also called the observation
or assessment period.
(b) "Case mix index" means the weighting factors assigned to the case mix reimbursement
classifications determined by an assessment.
(c) "Index maximization" means classifying a resident who could be assigned to more
than one category, to the category with the highest case mix index.
(d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Department of Health.
(e) "Representative" means a person who is the resident's guardian or conservator, the
person authorized to pay the nursing home expenses of the resident, a representative of the
Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
other individual designated by the resident.
(f) "Activities of daily living" includes personal hygiene, dressing, bathing, transferring,
bed mobility, locomotion, eating, and toileting.
(g) "Nursing facility level of care determination" means the assessment process that
results in a determination of a resident's or prospective resident's need for nursing facility
level of care as established in subdivision 11 for purposes of medical assistance payment
of long-term care services for:
(1) nursing facility services under chapter 256R;
(2) elderly waiver services under chapter 256S;new text begin and
new text end
deleted text begin
(3) CADI and BI waiver services under section 256B.49; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end state payment of alternative care services under section 256B.0913.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
(a) For purposes of medical assistance payment
of long-term care servicesnew text begin determined under subdivision 2, paragraph (g)new text end , a recipient must
be determined, using assessments defined in subdivision 4, to meet one of the following
nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility, dressing,
eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days after
admission or on the first quarterly assessment after admission, whichever is later; or
(7) the person is determined to be at risk for nursing facility admission or readmission
through a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone or
be homeless without the person's current housing and also meets one of the following criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect, including
self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, paragraphs (b)
and (c), that occurred no more than 90 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services. In no case shall medical
assistance payment for long-term care services occur prior to the date of the determination
of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care
services provided under chapter 256S and section 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
that occurred no more than 60 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 144.0724, is amended by adding a subdivision
to read:
new text begin
(a) Effective January 1, 2026, or upon
federal approval, whichever is later, a person must be determined to meet one of the following
nursing facility level of care criteria for the brain injury and community access for disability
inclusion waivers under section 256B.49:
new text end
new text begin
(1) the person requires formal clinical monitoring at least once per day;
new text end
new text begin
(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of daily living: bathing, bed mobility,
dressing, eating, grooming, toileting, transferring, and walking;
new text end
new text begin
(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
or
new text end
new text begin
(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention.
new text end
new text begin
(b) Nursing facility level of care determinations for purposes of initial and ongoing
access to the brain injury and community access for disability inclusion waiver programs
must be conducted by a MnCHOICES certified assessor under section 256B.0911.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 179A.54, is amended by adding a subdivision to
read:
new text begin
(a) The state and an exclusive
representative certified pursuant to this section may establish a joint labor and management
trust, referred to as the Minnesota Caregiver Retirement Fund Trust, for the exclusive
purpose of creating, implementing, and administering a retirement program for individual
providers of direct support services who are represented by the exclusive representative.
new text end
new text begin
(b) The state must make financial contributions to the Minnesota Caregiver Retirement
Fund Trust pursuant to a collective bargaining agreement negotiated under this section. The
financial contributions by the state must be held in trust for the purpose of paying, from
principal, income, or both, the costs associated with creating, implementing, and
administering a defined contribution or other individual account retirement program for
individual providers of direct support services working under a collective bargaining
agreement and providing services through a covered program under section 256B.0711. A
board of trustees composed of an equal number of trustees appointed by the governor and
trustees appointed by the exclusive representative under this section must administer, manage,
and otherwise jointly control the Minnesota Caregiver Retirement Fund Trust. The trust
must not be an agent of either the state or the exclusive representative.
new text end
new text begin
(c) A third-party administrator, financial management institution, other appropriate
entity, or any combination thereof may provide trust administrative, management, legal,
and financial services to the board of trustees as designated by the board of trustees from
time to time. The services must be paid from the money held in trust and created by the
state's financial contributions to the Minnesota Caregiver Retirement Fund Trust.
new text end
new text begin
(d) The state is authorized to purchase liability insurance for members of the board of
trustees appointed by the governor.
new text end
new text begin
(e) Financial contributions to or participation in the management or administration of
the Minnesota Caregiver Retirement Fund Trust must not be considered an unfair labor
practice under section 179A.13, or a violation of Minnesota law.
new text end
new text begin
(f) Nothing in this section shall be construed to authorize the creation of a defined benefit
retirement plan or program.
new text end
new text begin
This section is effective July 1, 2025.
new text end
new text begin
The commissioner shall regulate early intensive
developmental and behavioral intervention (EIDBI) agencies pursuant to this section.
new text end
new text begin
(a) Beginning on January 1, 2026, the commissioner shall
begin issuing provisional licenses to enrolled EIDBI agencies while permanent licensing
standards are developed and shall not enroll new EIDBI agencies to provide EIDBI services.
EIDBI agencies enrolled by December 31, 2025, have until June 1, 2026, to submit an
application for provisional licensure on the forms and in the manner prescribed by the
commissioner.
new text end
new text begin
(b) Beginning June 2, 2026, an EIDBI agency shall not operate if it has not submitted
an application for provisional licensure under this section. Failure to submit an application
for provisional licensure by June 2, 2026, will result in disenrollment from providing EIDBI
services.
new text end
new text begin
(c) A provisional license is effective until comprehensive EIDBI agency licensure
standards are in effect unless the provisional license is revoked.
new text end
new text begin
The commissioner may:
new text end
new text begin
(1) access the program without advance notice in accordance with section 245A.04,
subdivision 5;
new text end
new text begin
(2) investigate reports of maltreatment;
new text end
new text begin
(3) investigate complaints against EIDBI agencies limited to the provisions of this
section;
new text end
new text begin
(4) take action on a license pursuant to sections 245A.06 and 245A.07;
new text end
new text begin
(5) deny an application for provisional licensure pursuant to section 245A.05; and
new text end
new text begin
(6) take other action reasonably required to accomplish the purposes of this section.
new text end
new text begin
A provisional license holder must:
new text end
new text begin
(1) identify all controlling individuals, as defined in section 245A.02, subdivision 5a,
for the agency;
new text end
new text begin
(2) provide documented disclosures surrounding the use of billing agencies or other
consultants, available to the department upon request;
new text end
new text begin
(3) establish provider policies and procedures related to staff training, staff qualifications,
quality assurance, and service activities;
new text end
new text begin
(4) document contracts with independent contractors for qualified supervising
professionals, including the number of hours contracted and responsibilities, available to
the department upon request; and
new text end
new text begin
(5) comply with section 256B.0949, subdivisions 2, 3a, 6, 7, 14, 15, 16, and 16a, and
exceptions to qualifications, standards, and requirements granted by the commissioner under
section 256B.0949, subdivision 17.
new text end
new text begin
An EIDBI agency must comply with the
requirements of reporting maltreatment of vulnerable adults and minors under sections
245A.65, 245A.66, and 626.557 and chapter 260E.
new text end
new text begin
An EIDBI agency must initiate a background study
through the commissioner's NETStudy 2.0 system as provided under chapter 245C.
new text end
new text begin
An applicant or provisional license
holder has reconsideration and appeal rights under sections 245A.05, 245A.06, and 245A.07.
new text end
new text begin
The commissioner shall disenroll an agency from providing
EIDBI services under chapter 256B if:
new text end
new text begin
(1) the agency's application has been suspended or denied under subdivision 2 or the
agency's provisional license has been revoked; and
new text end
new text begin
(2) when the agency appealed the application suspension or denial or the provisional
license revocation, the commissioner has issued a final order on the appeal.
new text end
new text begin
(a)
The commissioner must develop a process and transition plan for comprehensive EIDBI
agency licensure by July 1, 2027.
new text end
new text begin
(b) By January 1, 2028, the commissioner shall establish standards for nonprovisional
EIDBI agency licensure and submit proposed legislation to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services licensing.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245C.16, subdivision 1, is amended to read:
(a) If the commissioner determines
that the individual studied has a disqualifying characteristic, the commissioner shall review
the information immediately available and make a determination as to the subject's immediate
risk of harm to persons served by the program where the individual studied will have direct
contact with, or access to, people receiving services.
(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:
(1) the recency of the disqualifying characteristic;
(2) the recency of discharge from probation for the crimes;
(3) the number of disqualifying characteristics;
(4) the intrusiveness or violence of the disqualifying characteristic;
(5) the vulnerability of the victim involved in the disqualifying characteristic;
(6) the similarity of the victim to the persons served by the program where the individual
studied will have direct contact;
(7) whether the individual has a disqualification from a previous background study that
has not been set aside;
(8) if the individual has a disqualification which may not be set aside because it is a
permanent bar under section 245C.24, subdivision 1, or the individual is a child care
background study subject who has a felony-level conviction for a drug-related offense in
the last five years, the commissioner may order the immediate removal of the individual
from any position allowing direct contact with, or access to, persons receiving services from
the program and from working in a children's residential facility or foster residence setting;
and
(9) if the individual has a disqualification which may not be set aside because it is a
permanent bar under section 245C.24, subdivision 2, or the individual is a child care
background study subject who has a felony-level conviction for a drug-related offense during
the last five years, the commissioner may order the immediate removal of the individual
from any position allowing direct contact with or access to persons receiving services from
the center and from working in a licensed child care center or certified license-exempt child
care center.
(c) This section does not apply when the subject of a background study is regulated by
a health-related licensing board as defined in chapter 214, and the subject is determined to
be responsible for substantiated maltreatment under section 626.557 or chapter 260E.
(d) This section does not apply to a background study related to an initial application
for a child foster family setting license.
(e) Except for paragraph (f), this section does not apply to a background study that is
also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
personal care assistant or a qualified professional as defined in section 256B.0659,
subdivision 1new text begin , or to a background study for an individual providing early intensive
developmental and behavioral intervention services under section 245A.142 or 256B.0949new text end .
(f) If the commissioner has reason to believe, based on arrest information or an active
maltreatment investigation, that an individual poses an imminent risk of harm to persons
receiving services, the commissioner may order that the person be continuously supervised
or immediately removed pending the conclusion of the maltreatment investigation or criminal
proceedings.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 245D.091, subdivision 2, is amended to read:
A positive support professional
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and interpretation of data;
(5) selecting intervention outcomes and strategies;
(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or neurocognitive disorder;
(11) demonstrated expertise with populations being served; and
(12) must be a:
(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;
(ii) clinical social worker licensed as an independent clinical social worker under chapter
148D, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);
(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services who has demonstrated competencies in the areas identified in clauses (1) to (11);
(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11);
(vi) person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
needs as outlined in the person's assessment summary; deleted text begin or
deleted text end
(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical servicesnew text begin ; or
new text end
new text begin (viii) person who has completed a competency-based training program as determined
by the commissionernew text end .
Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:
(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must deleted text begin have competencies in one of the following areasdeleted text end new text begin satisfy one of the
following requirementsnew text end as required under the brain injury, community access for disability
inclusion, community alternative care, and developmental disabilities waiver plans or
successor plans:
(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;
(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17; deleted text begin or
deleted text end
(3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporatednew text begin ; or
new text end
new text begin (4) have completed a competency-based training program as determined by the
commissionernew text end .
(b) In addition, a positive support analyst must:
(1) have two years of supervised experience conducting functional behavior assessments
and designing, implementing, and evaluating effectiveness of positive practices behavior
support strategies for people who exhibit challenging behaviors as well as co-occurring
mental disorders and neurocognitive disorder;
(2) have received training prior to hire or within 90 calendar days of hire that includes:
(i) ten hours of instruction in functional assessment and functional analysis;
(ii) 20 hours of instruction in the understanding of the function of behavior;
(iii) ten hours of instruction on design of positive practices behavior support strategies;
(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
(v) eight hours of instruction on principles of person-centered thinking;
(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and
(4) be under the direct supervision of a positive support professional.
(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
new text begin
A license holder with a home and
community-based services license providing out-of-home respite care services for children
may do so only in a licensed setting, unless exempt under subdivision 2. For purposes of
this section, "respite care services" has the meaning given in section 245A.02, subdivision
15.
new text end
new text begin
(a) The exemption under this
subdivision does not apply to the provision of respite care services to a child in foster care
under chapter 260C or 260D.
new text end
new text begin
(b) A license holder with a home and community-based services license may provide
out-of-home respite care services for children in an unlicensed residential setting if:
new text end
new text begin
(1) all background studies are completed according to the requirements in chapter 245C;
new text end
new text begin
(2) a child's case manager conducts and documents an assessment of the residential
setting and the setting's environment before services are provided and at least once each
calendar year thereafter if services continue to be provided at that residence. The assessment
must ensure that the setting is suitable for the child receiving respite care services. The
assessment must be conducted and documented in the manner prescribed by the
commissioner;
new text end
new text begin
(3) the child's legal representative visits the residence and signs and dates a statement
authorizing services in the residence before services are provided and at least once each
calendar year thereafter if services continue to be provided at that residence;
new text end
new text begin
(4) the services are provided in a residential setting that is not licensed to provide any
other licensed services;
new text end
new text begin
(5) the services are provided to no more than four children at any one time. Each child
must have an individual bedroom, except two siblings may share a bedroom;
new text end
new text begin
(6) the services are not provided to children and adults over the age of 21 in the same
residence at the same time;
new text end
new text begin
(7) the services are not provided to a single family for more than 46 calendar days in a
calendar year and no more than ten consecutive days;
new text end
new text begin
(8) the license holder's license was not made conditional, suspended, or revoked during
the previous 24 months; and
new text end
new text begin
(9) each individual in the residence at the time services are provided, other than
individuals receiving services, is an employee, as defined under section 245C.02, of the
license holder and has had a background study completed under chapter 245C. No other
household members or other individuals may be present in the residence while services are
provided.
new text end
new text begin
(c) A child may not receive out-of-home respite care services in more than two unlicensed
residential settings in a calendar year.
new text end
new text begin
(d) The license holder must ensure the requirements in this section are met.
new text end
new text begin
The license holder must maintain documentation
of the following:
new text end
new text begin
(1) background studies completed under chapter 245C;
new text end
new text begin
(2) service recipient records indicating the calendar dates and times when services were
provided;
new text end
new text begin
(3) the case manager's initial residential setting assessment and each residential assessment
completed thereafter; and
new text end
new text begin
(4) the legal representative's approval of the residential setting before services are
provided and each year thereafter.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall inform the revisor of statutes
when federal approval is obtained.
new text end
new text begin
(a) A disability services technology and advocacy
expansion grant is established to:
new text end
new text begin
(1) support the expansion of assistive technology and remote support services for people
with disabilities; and
new text end
new text begin
(2) strengthen advocacy efforts for individuals with disabilities and the providers who
serve individuals with disabilities.
new text end
new text begin
(b) The commissioner of human services must award the grant to an eligible grantee.
new text end
new text begin
An eligible grantee must:
new text end
new text begin
(1) be a nonprofit organization with a statewide reach;
new text end
new text begin
(2) have demonstrated knowledge of various forms of assistive technology and remote
support for people with disabilities; and
new text end
new text begin
(3) have proven capacity to provide education and training to multiple constituencies.
new text end
new text begin
Grant money must be used to:
new text end
new text begin
(1) develop and deliver comprehensive training programs for lead agencies, disability
service providers, schools, employment support agencies, and individuals with disabilities
and their families to ensure effective use of assistive technology and remote support tools.
Training must address specific challenges faced by individuals with disabilities, such as
accessibility, independence, and health monitoring;
new text end
new text begin
(2) provide resources and support to advocacy organizations that work with individuals
with disabilities and service providers. Resources and support must be used to promote the
use of assistive technology to increase self-determination and community participation;
new text end
new text begin
(3) maintain, distribute, and create accessible resources related to assistive technology
and remote support. Materials must be tailored to address the unique needs of individuals
with disabilities and the people and organizations who support individuals with disabilities;
new text end
new text begin
(4) conduct research to explore new and emerging assistive technology solutions that
address the evolving needs of individuals with disabilities. The research must emphasize
the role of technology in promoting independence, improving quality of life, and ensuring
safety; and
new text end
new text begin
(5) conduct outreach initiatives to engage disability communities, service providers, and
advocacy groups across Minnesota to promote awareness of assistive technology and remote
support services. Outreach initiatives must focus on reaching underserved and rural
populations.
new text end
new text begin
The grant period under this section is from July 1, 2025, to June
30, 2030.
new text end
new text begin
(a) The grant recipient must submit
an annual report by June 30 each year to the legislative committees with jurisdiction over
disability services. The annual report must include:
new text end
new text begin
(1) the number of individuals with disabilities and service providers who received training
during the reporting year;
new text end
new text begin
(2) data on the impact of assistive technology and remote support in improving quality
of life, safety, and independence for individuals with disabilities; and
new text end
new text begin
(3) recommendations for further advancing technology-driven disability advocacy efforts
based on feedback and research findings.
new text end
new text begin
(b) No later than three months after the grant period has ended, a final evaluation must
be submitted to the legislative committees with jurisdiction over disability services to assess
the overall impact on expanding access to assistive technology and remote support, with a
focus on lessons learned and future opportunities for Minnesota's disability communities
and service providers.
new text end
Minnesota Statutes 2024, section 256B.0659, subdivision 17a, is amended to
read:
(a) An enhanced rate of 107.5 percent of the rate paid for
personal care assistance services shall be paid for services provided to persons who qualify
for ten or more hours of personal care assistance services per day when provided by a
personal care assistant who meets the requirements of subdivision 11, paragraph (d).new text begin This
paragraph expires upon the effective date of paragraph (b).
new text end
new text begin
(b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
rate of 112.5 percent of the rate paid for personal care assistance services shall be paid for
services provided to persons who qualify for ten or more hours of personal care assistance
services per day when provided by a personal care assistant who meets the requirements of
subdivision 11, paragraph (d).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A personal care assistance provider must use all additional revenue attributable
to the rate enhancements under this subdivision for the wages and wage-related costs of the
personal care assistants, including any corresponding increase in the employer's share of
FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
compensation premiums. The agency must not use the additional revenue attributable to
any enhanced rate under this subdivision to pay for mileage reimbursement, health and
dental insurance, life insurance, disability insurance, long-term care insurance, uniform
allowance, contributions to employee retirement accounts, or any other employee benefits.
deleted text begin (c)deleted text end new text begin (d)new text end Any change in the eligibility criteria for the enhanced rate for personal care
assistance services as described in this subdivision and referenced in subdivision 11,
paragraph (d), does not constitute a change in a term or condition for individual providers
as defined in section 256B.0711, and is not subject to the state's obligation to meet and
negotiate under chapter 179A.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0911, subdivision 1, is amended to read:
(a) The purpose of long-term care consultation services
is to assist persons with long-term or chronic care needs in making care decisions and
selecting support and service options that meet their needs and reflect their preferences.
The availability of, and access to, information and other types of assistance, including
long-term care consultation assessment and support planning, is also intended to prevent
or delay institutional placements and to provide access to transition assistance after
placement. Further, the goal of long-term care consultation services is to contain costs
associated with unnecessary institutional admissions. Long-term care consultation services
must be available to any person regardless of public program eligibility.
(b) The commissioner of human services shall seek to maximize use of available federal
and state funds and establish the broadest program possible within the funding available.
(c) Long-term care consultation services must be coordinated with long-term care options
counseling, long-term care options counseling deleted text begin for assisted livingdeleted text end new text begin at critical care transitionsnew text end ,
the Disability Hub, and preadmission screening.
(d) A lead agency providing long-term care consultation services shall encourage the
use of volunteers from families, religious organizations, social clubs, and similar civic and
service organizations to provide community-based services.
Minnesota Statutes 2024, section 256B.0911, subdivision 10, is amended to read:
(a) For purposes of this section, the following definitions apply.
(b) "Available service and setting options" or "available options," with respect to the
home and community-based waivers under chapter 256S and sections 256B.092 and 256B.49,
means all services and settings defined under the waiver plan for which a waiver applicant
or waiver participant is eligible.
(c) "Competitive employment" means work in the competitive labor market that is
performed on a full-time or part-time basis in an integrated setting, and for which an
individual is compensated at or above the minimum wage, but not less than the customary
wage and level of benefits paid by the employer for the same or similar work performed by
individuals without disabilities.
(d) "Cost-effective" means community services and living arrangements that cost the
same as or less than institutional care. For an individual found to meet eligibility criteria
for home and community-based service programs under chapter 256S or section 256B.49,
"cost-effectiveness" has the meaning found in the federally approved waiver plan for each
program.
(e) "Independent living" means living in a setting that is not controlled by a provider.
(f) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
(g) "Lead agency" means a county administering or a Tribe or health plan under contract
with the commissioner to administer long-term care consultation services.
(h) "Long-term care consultation services" means the activities described in subdivision
11.
(i) "Long-term care options counseling" means the services provided by sections 256.01,
subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and
follow-up after a long-term care consultation assessment has been completed.
(j) "Long-term care options counseling deleted text begin for assisted livingdeleted text end new text begin at critical care transitionsnew text end "
means the services provided under section 256.975, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 7e deleted text begin to 7gdeleted text end .
(k) "Minnesota health care programs" means the medical assistance program under this
chapter and the alternative care program under section 256B.0913.
(l) "Person-centered planning" is a process that includes the active participation of a
person in the planning of the person's services, including in making meaningful and informed
choices about the person's own goals, talents, and objectives, as well as making meaningful
and informed choices about the services the person receives, the settings in which the person
receives the services, and the setting in which the person lives.
(m) "Preadmission screening" means the services provided under section 256.975,
subdivisions 7a to 7c.
Minnesota Statutes 2024, section 256B.0911, subdivision 13, is amended to read:
(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.
(b) MnCHOICES certified assessors mustnew text begin have received training and certification specific
to assessment and consultation for long-term care services in the state and eithernew text end :
(1) deleted text begin eitherdeleted text end have deleted text begin a bachelor'sdeleted text end new text begin at least an associate'snew text end degree in deleted text begin social workdeleted text end new text begin human servicesnew text end ,new text begin
or other closely related field;
new text end
new text begin (2) have at least an associate's degree in new text end nursing with a public health nursing certificate,
or other closely related fieldnew text begin ;new text end or
new text begin (3)new text end be a registered nursedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) have received training and certification specific to assessment and consultation for
long-term care services in the state.
deleted text end
(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.
(d) Certified assessors must be recertified every three years.
Minnesota Statutes 2024, section 256B.0911, subdivision 14, is amended to read:
(a) Each lead agency
shall use MnCHOICES certified assessors who have completed MnCHOICES training and
the certification process determined by the commissioner in subdivision 13.
(b) Each lead agency must ensure that the lead agency has sufficient numbers of certified
assessors to provide long-term consultation assessment and support planning within the
timelines and parameters of the service.
(c) A lead agency may choose, according to departmental policies, to contract with a
qualified, certified assessor to conduct assessments and reassessments on behalf of the lead
agency.
(d) Tribes and health plans under contract with the commissioner must provide long-term
care consultation services as specified in the contract.
(e) A lead agency must provide the commissioner with an administrative contact for
communication purposes.
new text begin
(f) A lead agency may contract under this subdivision with any hospital licensed under
sections 144.50 to 144.56 to conduct assessments of patients in the hospital on behalf of
the lead agency when the lead agency has failed to meet its obligations under subdivision
17. The contracted assessment must be conducted by a hospital employee who is a qualified,
certified assessor. The hospital employees who perform assessments under the contract
between the hospital and the lead agency may perform assessments in addition to other
duties assigned to the employee by the hospital, except the hospital employees who perform
the assessments under contract with the lead agency must not perform any waiver-related
tasks other than assessments. Hospitals are not eligible for reimbursement under subdivision
33. The lead agency that enters into a contract with a hospital under this paragraph is
responsible for oversight, compliance, and quality assurance for all assessments performed
under the contract.
new text end
Minnesota Statutes 2024, section 256B.0911, subdivision 17, is amended to read:
(a) A deleted text begin person requesting long-term care
consultation services must be visited by adeleted text end long-term care consultation team new text begin must begin an
assessment of a person requesting long-term care consultation services or for whom long-term
care consultation services were recommended, including an estimated timeline to full
completion of the assessment, new text end within 20 working days after the date on which an assessment
was requested or recommended.
new text begin (b)new text end Assessments must be conducted according to this subdivision and subdivisions 19
to 21, 23, 24, and 29 to 31.
deleted text begin (b)deleted text end new text begin (c)new text end Lead agencies shall use certified assessors to conduct the assessment.
deleted text begin (c)deleted text end new text begin (d)new text end For a person with complex health care needs, a public health or registered nurse
from the team must be consulted.
deleted text begin (d)deleted text end new text begin (e)new text end The lead agency must use the MnCHOICES assessment provided by the
commissioner to complete a comprehensive, conversation-based, person-centered assessment.
The assessment must include the health, psychological, functional, environmental, and
social needs of the individual necessary to develop a person-centered assessment summary
that meets the individual's needs and preferences.
deleted text begin (e)deleted text end new text begin (f)new text end Except as provided in subdivision 24, an assessment must be conducted by a
certified assessor in an in-person conversational interview with the person being assessed.
Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to read:
(a) Assessments performed according to subdivisions
17 to 20 and 23 must be in person unless the assessment is a reassessment meeting the
requirements of this subdivision. Remote reassessments conducted by interactive video or
telephone may substitute for in-person reassessments.
(b) For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for deleted text begin twodeleted text end new text begin fournew text end consecutive reassessments if followed by an in-person reassessment.
(c) For services provided by alternative care under section 256B.0913, essential
community supports under section 256B.0922, and the elderly waiver under chapter 256S,
remote reassessments may be substituted for one reassessment if followed by an in-person
reassessment.
(d) For personal care assistance provided under section 256B.0659 and community first
services and supports provided under section 256B.85, remote reassessments may be
substituted for two consecutive reassessments if followed by an in-person reassessment.
(e) A remote reassessment is permitted only if the lead agency provides informed choice
and the person being reassessed or the person's legal representative provides informed
consent for a remote assessment. Lead agencies must document that informed choice was
offered.
(f) The person being reassessed, or the person's legal representative, may refuse a remote
reassessment at any time.
(g) During a remote reassessment, if the certified assessor determines an in-person
reassessment is necessary in order to complete the assessment, the lead agency shall schedule
an in-person reassessment.
(h) All other requirements of an in-person reassessment apply to a remote reassessment,
including updates to a person's support plan.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:
new text begin
(a) Effective January 1, 2026, or upon federal approval, whichever is later, the
commissioner shall allow for verbal attestation or another alternative to replace required
reassessment signatures for service initiation.
new text end
new text begin
(b) Within 30 days of completion of a reassessment, an assessor must send a request for
written attestation via mail to obtain a signature from the service recipient.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:
new text begin
(a) A person who is 22 to 64
years of age and receiving home and community-based waiver services under the
developmental disabilities waiver program under section 256B.092; community access for
disability inclusion, community alternative care, and brain injury waiver programs under
section 256B.49; and community first services and supports under section 256B.85 may
attest that the person has unchanged needs from the most recent prior assessment or
reassessment for up to two consecutive reassessments, if the lead agency provides informed
choice and the person being reassessed or the person's legal representative provides informed
consent. Lead agencies must document that informed choice was offered.
new text end
new text begin
(b) The person or person's legal representative must attest, verbally or through alternative
communications, that the information provided in the previous assessment or reassessment
is still accurate and applicable and that no changes in the person's circumstances have
occurred that would require changes from the most recent prior assessment or reassessment.
The person or the person's legal representative may request a full reassessment at any time.
new text end
new text begin
(c) The assessor must review the most recent prior assessment or reassessment as required
in subdivision 22, paragraphs (a) and (b), clause (1), before conducting the interview. The
certified assessor must confirm that the information from the previous assessment or
reassessment is current.
new text end
new text begin
(d) The assessment conducted under this section must:
new text end
new text begin
(1) verify current assessed support needs;
new text end
new text begin
(2) confirm continued need for the currently assessed level of care;
new text end
new text begin
(3) inform the person of alternative long-term services and supports available;
new text end
new text begin
(4) provide informed choice of institutional or home and community-based services;
and
new text end
new text begin
(5) identify changes in need that may require a full reassessment.
new text end
new text begin
(e) The assessor must ensure that any new assessment items or requirements mandated
by federal or state authority are addressed and the person must provide required information.
new text end
new text begin
(f) The person has appeal rights under section 256.045, subdivision 3, upon denial of
attestation to no changes in needs or services.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0911, subdivision 26, is amended to read:
(a) The determination of need
for hospital and intermediate care facility levels of care must be made according to criteria
developed by the commissioner, and in section 256B.092, using forms developed by the
commissioner.
(b) The determination of need for nursing facility level of care must be made based on
criteria in section 144.0724, subdivision 11.new text begin This paragraph expires upon the effective date
of paragraph (c).
new text end
new text begin
(c) Effective January 1, 2026, or upon federal approval, whichever is later, the
determination of need for nursing facility level of care must be made based on criteria in
section 144.0724, subdivision 11, except for determinations of need for purposes of the
brain injury and community access for disability inclusion waivers under section 256B.49.
Determinations of need for the brain injury and community access for disability inclusion
waivers must be made based on criteria in section 144.0724, subdivision 11a.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0911, subdivision 30, is amended to read:
The lead
agency must give the person receiving long-term care consultation services or the person's
legal representative materials and forms supplied by the commissioner containing the
following information:
(1) written recommendations for community-based services and consumer-directed
options;
(2) documentation that the most cost-effective alternatives available were offered to the
person;
(3) the need for and purpose of preadmission screening conducted by long-term care
options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
nursing facility placement. If the person selects nursing facility placement, the lead agency
shall forward information needed to complete the level of care determinations and screening
for developmental disability and mental illness collected during the assessment to the
long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in eligibility
determination for waiver and alternative care programs and state plan home care, case
management, and other services as defined in subdivision 11, clauses (7) to (10);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices
Act, chapter 13;
(8) the certified assessor's decision regarding the person's need for institutional level of
care as determined under criteria established in subdivision 26 and regarding eligibility for
all services and programs as defined in subdivision 11, clauses (7) to (10);
(9) the person's right to appeal the certified assessor's decision regarding eligibility for
all services and programs as defined in subdivision 11, clauses (5), (7) to (10), and (15),
and the decision regarding the need for institutional level of carenew text begin , an attestation to no changes
in needs or services,new text end or the lead agency's final decisions regarding public programs eligibility
according to section 256.045, subdivision 3. The certified assessor must verbally
communicate this appeal right to the person and must visually point out where in the
document the right to appeal is stated; and
(10) documentation that available options for employment services, independent living,
and self-directed services and supports were described to the person.
Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:
new text begin
(a) The commissioner shall maintain
a dashboard on the department's public website containing summary data on the completion
of assessments under this section. The commissioner must update the dashboard at least
twice per year.
new text end
new text begin
(b) The dashboard must include:
new text end
new text begin
(1) the total number of assessments performed since the previous reporting period, by
lead agency;
new text end
new text begin
(2) the total number of initial assessments performed since the previous reporting period,
by lead agency;
new text end
new text begin
(3) the total number of reassessments performed since the previous reporting period, by
lead agency;
new text end
new text begin
(4) the number and percentage of assessments completed within the required timeline,
by lead agency;
new text end
new text begin
(5) the average length of time to complete an assessment, by lead agency;
new text end
new text begin
(6) summary data of the location in which the assessments were performed, by lead
agency; and
new text end
new text begin
(7) other information the commissioner determines is valuable to assess the capacity of
lead agencies to complete assessments within the timelines prescribed by law.
new text end
Minnesota Statutes 2024, section 256B.0924, subdivision 6, is amended to read:
(a) Medical assistance and
MinnesotaCare payment for targeted case management shall be made on a monthly basis.
In order to receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a face-to-face contact
either in person or by interactive video that meets the requirements in section 256B.0625,
subdivision 20b, with the adult or the adult's legal representative, family, primary caregiver,
or other relevant persons identified as necessary to the development or implementation of
the goals of the personal service plan.
(b) new text begin Except as provided under paragraph (m), new text end payment for targeted case management
provided by county staff under this subdivision shall be based on the monthly rate
methodology under section 256B.094, subdivision 6, paragraph (b), calculated as one
combined average rate together with adult mental health case management under section
256B.0625, subdivision 20, except for calendar year 2002. In calendar year 2002, the rate
for case management under this section shall be the same as the rate for adult mental health
case management in effect as of December 31, 2001. Billing and payment must identify the
recipient's primary population group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors shall
be based on a monthly rate calculated in accordance with section 256B.076, subdivision 2.
The rate must not exceed the rate charged by the vendor for the same service to other payers.
If the service is provided by a team of contracted vendors, the team shall determine how to
distribute the rate among its members. No reimbursement received by contracted vendors
shall be returned to the county, except to reimburse the county for advance funding provided
by the county to the vendor.
(d) If the service is provided by a team that includes contracted vendors and county staff,
the costs for county staff participation on the team shall be included in the rate for
county-provided services. In this case, the contracted vendor and the county may each
receive separate payment for services provided by each entity in the same month. In order
to prevent duplication of services, the county must document, in the recipient's file, the need
for team targeted case management and a description of the different roles of the team
members.
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
targeted case management shall be provided by the recipient's county of responsibility, as
defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
used to match other federal funds.
(f) The commissioner may suspend, reduce, or terminate reimbursement to a provider
that does not meet the reporting or other requirements of this section. The county of
responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal
disallowances. The county may share this responsibility with its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under
this section for use in reimbursing the state for costs of developing and implementing this
section.
(h) Payments to counties for targeted case management expenditures under this section
shall only be made from federal earnings from services provided under this section. Payments
to contracted vendors shall include both the federal earnings and the county share.
(i) Notwithstanding section 256B.041, county payments for the cost of case management
services provided by county staff shall not be made to the commissioner of management
and budget. For the purposes of targeted case management services provided by county
staff under this section, the centralized disbursement of payments to counties under section
256B.041 consists only of federal earnings from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
and the recipient's institutional care is paid by medical assistance, payment for targeted case
management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(k) Payment for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this
section shall be the responsibility of the counties.
new text begin
(m) The commissioner may make payments for Tribes according to section 256B.0625,
subdivision 34, or other relevant federally approved rate setting methodologies for vulnerable
adult and developmental disability targeted case management provided by Indian health
services and facilities operated by a Tribe or Tribal organization.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 256B.0949, subdivision 15, is amended to read:
(a) A QSP must be deleted text begin employed bydeleted text end new text begin an employee
ofnew text end an agency and be:
(1) a licensed mental health professional who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
development; or
(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
typical child development.
(b) A level I treatment provider must be deleted text begin employed bydeleted text end new text begin an employee ofnew text end an agency and:
(1) have at least 2,000 hours of supervised clinical experience or training in examining
or treating people with ASD or a related condition or equivalent documented coursework
at the graduate level by an accredited university in ASD diagnostics, ASD developmental
and behavioral treatment strategies, and typical child development or an equivalent
combination of documented coursework or hours of experience; and
(2) have or be at least one of the following:
(i) a master's degree in behavioral health or child development or related fields including,
but not limited to, mental health, special education, social work, psychology, speech
pathology, or occupational therapy from an accredited college or university;
(ii) a bachelor's degree in a behavioral health, child development, or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy, from an accredited college or university, and
advanced certification in a treatment modality recognized by the department;
(iii) a board-certified behavior analyst as defined by the Behavior Analyst Certification
Board or a qualified behavior analyst as defined by the Qualified Applied Behavior Analysis
Credentialing Board; or
(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
experience that meets all registration, supervision, and continuing education requirements
of the certification.
(c) A level II treatment provider must be deleted text begin employed bydeleted text end new text begin an employee ofnew text end an agency and
must be:
(1) a person who has a bachelor's degree from an accredited college or university in a
behavioral or child development science or related field including, but not limited to, mental
health, special education, social work, psychology, speech pathology, or occupational
therapy; and meets at least one of the following:
(i) has at least 1,000 hours of supervised clinical experience or training in examining or
treating people with ASD or a related condition or equivalent documented coursework at
the graduate level by an accredited university in ASD diagnostics, ASD developmental and
behavioral treatment strategies, and typical child development or a combination of
coursework or hours of experience;
(ii) has certification as a board-certified assistant behavior analyst from the Behavior
Analyst Certification Board or a qualified autism service practitioner from the Qualified
Applied Behavior Analysis Credentialing Board;
(iii) is a registered behavior technician as defined by the Behavior Analyst Certification
Board or an applied behavior analysis technician as defined by the Qualified Applied
Behavior Analysis Credentialing Board; or
(iv) is certified in one of the other treatment modalities recognized by the department;
or
(2) a person who has:
(i) an associate's degree in a behavioral or child development science or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy from an accredited college or university; and
(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
with ASD or a related condition. Hours worked as a mental health behavioral aide or level
III treatment provider may be included in the required hours of experience; or
(3) a person who has at least 4,000 hours of supervised clinical experience in delivering
treatment to people with ASD or a related condition. Hours worked as a mental health
behavioral aide or level III treatment provider may be included in the required hours of
experience; or
(4) a person who is a graduate student in a behavioral science, child development science,
or related field and is receiving clinical supervision by a QSP affiliated with an agency to
meet the clinical training requirements for experience and training with people with ASD
or a related condition; or
(5) a person who is at least 18 years of age and who:
(i) is fluent in a non-English language or is an individual certified by a Tribal Nation;
(ii) completed the level III EIDBI training requirements; and
(iii) receives observation and direction from a QSP or level I treatment provider at least
once a week until the person meets 1,000 hours of supervised clinical experience.
(d) A level III treatment provider must be deleted text begin employed bydeleted text end new text begin en employee ofnew text end an agency, have
completed the level III training requirement, be at least 18 years of age, and have at least
one of the following:
(1) a high school diploma or commissioner of education-selected high school equivalency
certification;
(2) fluency in a non-English language or Tribal Nation certification;
(3) one year of experience as a primary personal care assistant, community health worker,
waiver service provider, or special education assistant to a person with ASD or a related
condition within the previous five years; or
(4) completion of all required EIDBI training within six months of employment.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0949, subdivision 16, is amended to read:
(a) An agency delivering an EIDBI service under this section
must:
(1) enroll as a medical assistance Minnesota health care program provider according to
Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all
applicable provider standards and requirements;
(2) demonstrate compliance with federal and state laws for EIDBI service;
(3) verify and maintain records of a service provided to the person or the person's legal
representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care
program provider the agency did not have a lead agency contract or provider agreement
discontinued because of a conviction of fraud; or did not have an owner, board member, or
manager fail a state or federal criminal background check or appear on the list of excluded
individuals or entities maintained by the federal Department of Human Services Office of
Inspector General;
(5) have established business practices including written policies and procedures, internal
controls, and a system that demonstrates the organization's ability to deliver quality EIDBI
services;
(6) have an office located in Minnesota or a border state;
(7) conduct a criminal background check on an individual who has direct contact with
the person or the person's legal representative;
(8) report maltreatment according to section 626.557 and chapter 260E;
(9) comply with any data requests consistent with the Minnesota Government Data
Practices Act, sections 256B.064 and 256B.27;
(10) provide training for all agency staff on the requirements and responsibilities listed
in the Maltreatment of Minors Act, chapter 260E, and the Vulnerable Adult Protection Act,
section 626.557, including mandated and voluntary reporting, nonretaliation, and the agency's
policy for all staff on how to report suspected abuse and neglect;
(11) have a written policy to resolve issues collaboratively with the person and the
person's legal representative when possible. The policy must include a timeline for when
the person and the person's legal representative will be notified about issues that arise in
the provision of services;
(12) provide the person's legal representative with prompt notification if the person is
injured while being served by the agency. An incident report must be completed by the
agency staff member in charge of the person. A copy of all incident and injury reports must
remain on file at the agency for at least five years from the report of the incident; deleted text begin and
deleted text end
(13) before starting a service, provide the person or the person's legal representative a
description of the treatment modality that the person shall receive, including the staffing
certification levels and training of the staff who shall provide a treatmentdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(14) provide clinical supervision by a qualified supervising professional for a minimum
of one hour of supervision for every ten hours of direct treatment per person that meets
clinical licensure requirements for quality supervision and effective intervention; and
new text end
new text begin
(15) provide clinical, in-person supervision sessions by a qualified supervising
professional at least once per month for intervention, observation, and direction.
new text end
(b) When delivering the ITP, and annually thereafter, an agency must provide the person
or the person's legal representative with:
(1) a written copy and a verbal explanation of the person's or person's legal
representative's rights and the agency's responsibilities;
(2) documentation in the person's file the date that the person or the person's legal
representative received a copy and explanation of the person's or person's legal
representative's rights and the agency's responsibilities; and
(3) reasonable accommodations to provide the information in another format or language
as needed to facilitate understanding of the person's or person's legal representative's rights
and the agency's responsibilities.
Minnesota Statutes 2024, section 256B.0949, is amended by adding a subdivision
to read:
new text begin
Beginning on January 1, 2026, the commissioner shall
begin issuing provisional licenses to enrolled EIDBI agencies pursuant to section 245A.142.
new text end
Minnesota Statutes 2024, section 256B.19, subdivision 1, is amended to read:
new text begin (a)new text end The state and county share of medical assistance
costs not paid by federal funds shall be as follows:
(1) beginning January 1, 1992, 50 percent state funds and 50 percent county funds for
the cost of placement of severely emotionally disturbed children in regional treatment
centers;
(2) beginning January 1, 2003, 80 percent state funds and 20 percent county funds for
the costs of nursing facility placements of persons with disabilities under the age of 65 that
have exceeded 90 days. This clause shall be subject to chapter 256G and shall not apply to
placements in facilities not certified to participate in medical assistance;
(3) beginning July 1, 2004, 90 percent state funds and ten percent county funds for the
costs of placements that have exceeded 90 days in intermediate care facilities for persons
with developmental disabilities that have seven or more beds. This provision includes
pass-through payments made under section 256B.5015; deleted text begin and
deleted text end
(4) beginning July 1, 2004, when state funds are used to pay for a nursing facility
placement due to the facility's status as an institution for mental diseases (IMD), the county
shall pay 20 percent of the nonfederal share of costs that have exceeded 90 days. This clause
is subject to chapter 256Gdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) beginning July 1, 2026, or upon federal approval, whichever is later, 67 percent state
funds and 33 percent county funds for the costs of services for all individual waiver recipients
who receive rates determined under section 256B.4914, subdivision 14.
new text end
new text begin (b)new text end For counties that participate in a Medicaid demonstration project under sections
256B.69 and 256B.71, the division of the nonfederal share of medical assistance expenses
for payments made to prepaid health plans or for payments made to health maintenance
organizations in the form of prepaid capitation payments, this division of medical assistance
expenses shall be 95 percent by the state and five percent by the county of financial
responsibility.
new text begin (c)new text end In counties where prepaid health plans are under contract to the commissioner to
provide services to medical assistance recipients, the cost of court ordered treatment ordered
without consulting the prepaid health plan that does not include diagnostic evaluation,
recommendation, and referral for treatment by the prepaid health plan is the responsibility
of the county of financial responsibility.
Minnesota Statutes 2024, section 256B.4914, subdivision 3, is amended to read:
(a) Applicable services are those authorized under the
state's home and community-based services waivers under sections 256B.092 and 256B.49,
including the following, as defined in the federally approved home and community-based
services plan:
(1) 24-hour customized living;
(2) adult day services;
(3) adult day services bath;
(4) community residential services;
(5) customized living;
(6) day support services;
(7) employment development services;
(8) employment exploration services;
(9) employment support services;
(10) family residential services;
(11) individualized home supports;
(12) individualized home supports with family training;
(13) individualized home supports with training;
(14) integrated community supports;
(15) life sharing;
(16) new text begin effective until the effective date of clauses (17) and (18), new text end night supervision;
new text begin
(17) effective January 1, 2026, or upon federal approval, whichever is later, awake night
supervision;
new text end
new text begin
(18) effective January 1, 2026, or upon federal approval, whichever is later, asleep night
supervision;
new text end
deleted text begin (17)deleted text end new text begin (19)new text end positive support services;
deleted text begin (18)deleted text end new text begin (20)new text end prevocational services;
deleted text begin (19)deleted text end new text begin (21)new text end residential support services;
deleted text begin (20)deleted text end new text begin (22)new text end respite services;
deleted text begin (21)deleted text end new text begin (23)new text end transportation services; and
deleted text begin (22)deleted text end new text begin (24)new text end other services as approved by the federal government in the state home and
community-based services waiver plan.
(b) Effective January 1, 2024, or upon federal approval, whichever is later, respite
services under paragraph (a), clause deleted text begin (20)deleted text end new text begin (22)new text end , are not an applicable service under this
section.
new text begin
This section is effective the day following final enactment, except
that the amendments to paragraph (b) are effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 5, is amended to read:
(a) The base wage index is
established to determine staffing costs associated with providing services to individuals
receiving home and community-based services. For purposes of calculating the base wage,
Minnesota-specific wages taken from job descriptions and standard occupational
classification (SOC) codes from the Bureau of Labor Statistics as defined in the Occupational
Handbook must be used.
(b) The commissioner shall deleted text begin updatedeleted text end new text begin establishnew text end the base wage index in subdivision 5a,
publish these updated values, and load them into the rate management system deleted text begin as follows:
deleted text end
deleted text begin
(1) on January 1, 2022, based on wage data by SOC from the Bureau of Labor Statistics
available as of December 31, 2019;
deleted text end
deleted text begin (2)deleted text end on January 1, 2024, based on wage data by SOC from the Bureau of Labor Statistics
published in March 2022new text begin .new text end deleted text begin ; and
deleted text end
deleted text begin
(3) on January 1, 2026, and every two years thereafter, based on wage data by SOC from
the Bureau of Labor Statistics published in the spring approximately 21 months prior to the
scheduled update.
deleted text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 5a, is amended to read:
The base wage index must be calculated as
follows:
(1) for supervisory staff, 100 percent of the median wage for community and social
services specialist (SOC code 21-1099), with the exception of the supervisor of positive
supports professional, positive supports analyst, and positive supports specialist, which is
100 percent of the median wage for clinical counseling and school psychologist (SOC code
19-3031);
(2) for registered nurse staff, 100 percent of the median wage for registered nurses (SOC
code 29-1141);
(3) for licensed practical nurse staff, 100 percent of the median wage for licensed practical
nurses (SOC code 29-2061);
(4) for residential asleep-overnight staff, the minimum wage in Minnesota for large
employers;
(5) for residential direct care staff, the sum of:
(i) 15 percent of the subtotal of 50 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 30 percent of the median wage for nursing assistant
(SOC code 31-1131); and 20 percent of the median wage for social and human services
aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 40 percent of the median wage for home health and
personal care aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant
(SOC code 31-1131); 20 percent of the median wage for psychiatric technician (SOC code
29-2053); and 20 percent of the median wage for social and human services aide (SOC code
21-1093);
(6) for adult day services staff, 70 percent of the median wage for nursing assistant (SOC
code 31-1131); and 30 percent of the median wage for home health and personal care aide
(SOC code 31-1120);
(7) for day support services staff and prevocational services staff, 20 percent of the
median wage for nursing assistant (SOC code 31-1131); 20 percent of the median wage for
psychiatric technician (SOC code 29-2053); and 60 percent of the median wage for social
and human services aide (SOC code 21-1093);
(8) for positive supports analyst staff, 100 percent of the median wage for substance
abuse, behavioral disorder, and mental health counselor (SOC code 21-1018);
(9) for positive supports professional staff, 100 percent of the median wage for clinical
counseling and school psychologist (SOC code 19-3031);
(10) for positive supports specialist staff, 100 percent of the median wage for psychiatric
technicians (SOC code 29-2053);
(11) for individualized home supports with family training staff, 20 percent of the median
wage for nursing aide (SOC code 31-1131); 30 percent of the median wage for community
social service specialist (SOC code 21-1099); 40 percent of the median wage for social and
human services aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);
(12) for individualized home supports with training services staff, 40 percent of the
median wage for community social service specialist (SOC code 21-1099); 50 percent of
the median wage for social and human services aide (SOC code 21-1093); and ten percent
of the median wage for psychiatric technician (SOC code 29-2053);
(13) for employment support services staff, 50 percent of the median wage for
rehabilitation counselor (SOC code 21-1015); and 50 percent of the median wage for
community and social services specialist (SOC code 21-1099);
(14) for employment exploration services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselor (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);
(15) for employment development services staff, 50 percent of the median wage for
education, guidance, school, and vocational counselors (SOC code 21-1012); and 50 percent
of the median wage for community and social services specialist (SOC code 21-1099);
(16) for individualized home support without training staff, 50 percent of the median
wage for home health and personal care aide (SOC code 31-1120); and 50 percent of the
median wage for nursing assistant (SOC code 31-1131); deleted text begin and
deleted text end
(17) new text begin effective until the effective date of clauses (18) and (19), new text end for night supervision staff,
40 percent of the median wage for home health and personal care aide (SOC code 31-1120);
20 percent of the median wage for nursing assistant (SOC code 31-1131); 20 percent of the
median wage for psychiatric technician (SOC code 29-2053); and 20 percent of the median
wage for social and human services aide (SOC code 21-1093)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(18) effective January 1, 2026, or upon federal approval, whichever is later, for awake
night supervision staff, 40 percent of the median wage for home health and personal care
aide (SOC code 31-1120); 20 percent of the median wage for nursing assistant (SOC code
31-1131); 20 percent the median wage for psychiatric technician (SOC code 29-2053); and
20 percent of the median wage for social and human services aid (SOC code 21-1093); and
new text end
new text begin
(19) effective January 1, 2026, or upon federal approval, whichever is later, for asleep
night supervision staff, the minimum wage in Minnesota for large employers.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 5b, is amended to read:
The commissioner shall update
the new text begin base wage index under subdivision 5a; new text end client and programming support, transportation,
and program facility cost component values as required in subdivisions 6 to 9new text begin ;new text end and the rates
identified in subdivision 19 for changes in the Consumer Price Index. new text begin If the result of this
update exceeds eight percent, the commissioner shall implement a change to the base wage
index, component values, and rates under subdivision 19 of eight percent. If the result of
this update is less than eight percent, the commissioner shall implement the full value of
the change. new text end The commissioner shall adjust these values higher or lower, publish these
updated values, and load them into the rate management system deleted text begin as follows:
deleted text end
deleted text begin
(1) on January 1, 2022, by the percentage change in the CPI-U from the date of the
previous update to the data available on December 31, 2019;
deleted text end
deleted text begin
(2) on January 1, 2024, by the percentage change in the CPI-U from the date of the
previous update to the data available as of December 31, 2022; and
deleted text end
deleted text begin (3)deleted text end on January 1, 2026, and every two years thereafter, by the percentage change in the
CPI-U from the date of the previous update to the data available 24 months and one day
prior to the scheduled update.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 6a, is amended to read:
(a) Component values for community residential services are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;new text begin and
new text end
(6) program-related expense ratio: 1.3 percentdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(7) absence and utilization factor ratio: 3.9 percent.
deleted text end
(b) Payments for community residential services must be calculated as follows:
(1) determine the number of shared direct staffing and individual direct staffing hours
to meet a recipient's needs provided on site or through monitoring technology;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of shared direct staffing and individual direct staffing hours
provided on site or through monitoring technology and nursing hours by the appropriate
staff wages;
(6) multiply the number of shared direct staffing and individual direct staffing hours
provided on site or through monitoring technology and nursing hours by the product of the
supervision span of control ratio and the appropriate supervisory staff wage in subdivision
5a, clause (1);
(7) combine the results of clauses (5) and (6), excluding any shared direct staffing and
individual direct staffing hours provided through monitoring technology, and multiply the
result by one plus the employee vacation, sick, and training allowance ratio. This is defined
as the direct staffing cost;
(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared
direct staffing and individual hours provided through monitoring technology, by one plus
the employee-related cost ratio;
(9) for client programming and supports, add $2,260.21 divided by 365. The
commissioner shall update the amount in this clause as specified in subdivision 5b;
(10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided
by 365 if customized for adapted transport, based on the resident with the highest assessed
need. The commissioner shall update the amounts in this clause as specified in subdivision
5b;
(11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing
and individual direct staffing hours provided through monitoring technology that was
excluded in clause (8);
(12) sum the standard general administrative support ratiodeleted text begin ,deleted text end new text begin andnew text end the program-related
expense ratiodeleted text begin , and the absence and utilization factor ratiodeleted text end ;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount; and
(14) adjust the result of clause (13) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 6b, is amended to read:
(a) Component values for family residential services are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 3.3 percent;new text begin and
new text end
(6) program-related expense ratio: 1.3 percentdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(7) absence factor: 1.7 percent.
deleted text end
(b) Payments for family residential services must be calculated as follows:
(1) determine the number of shared direct staffing and individual direct staffing hours
to meet a recipient's needs provided on site or through monitoring technology;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of shared direct staffing and individual direct staffing hours
provided on site or through monitoring technology and nursing hours by the appropriate
staff wages;
(6) multiply the number of shared direct staffing and individual direct staffing hours
provided on site or through monitoring technology and nursing hours by the product of the
supervisory span of control ratio and the appropriate supervisory staff wage in subdivision
5a, clause (1);
(7) combine the results of clauses (5) and (6), excluding any shared direct staffing and
individual direct staffing hours provided through monitoring technology, and multiply the
result by one plus the employee vacation, sick, and training allowance ratio. This is defined
as the direct staffing cost;
(8) for employee-related expenses, multiply the direct staffing cost, excluding any shared
and individual direct staffing hours provided through monitoring technology, by one plus
the employee-related cost ratio;
(9) for client programming and supports, add $2,260.21 divided by 365. The
commissioner shall update the amount in this clause as specified in subdivision 5b;
(10) for transportation, if provided, add $1,742.62 divided by 365, or $3,111.81 divided
by 365 if customized for adapted transport, based on the resident with the highest assessed
need. The commissioner shall update the amounts in this clause as specified in subdivision
5b;
(11) subtotal clauses (8) to (10) and the direct staffing cost of any shared direct staffing
and individual direct staffing hours provided through monitoring technology that was
excluded in clause (8);
(12) sum the standard general administrative support ratiodeleted text begin ,deleted text end new text begin andnew text end the program-related
expense ratiodeleted text begin , and the absence and utilization factor ratiodeleted text end ;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment rate; and
(14) adjust the result of clause (13) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 6c, is amended to read:
(a) Component values for integrated community supports are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) general administrative support ratio: 13.25 percent;new text begin and
new text end
(6) program-related expense ratio: 1.3 percentdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(7) absence and utilization factor ratio: 3.9 percent.
deleted text end
(b) Payments for integrated community supports must be calculated as follows:
(1) determine the number of shared direct staffing and individual direct staffing hours
to meet a recipient's needs. The base shared direct staffing hours must be eight hours divided
by the number of people receiving support in the integrated community support setting, and
the individual direct staffing hours must be the average number of direct support hours
provided directly to the service recipient;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of shared direct staffing and individual direct staffing hours in
clause (1) by the appropriate staff wages;
(6) multiply the number of shared direct staffing and individual direct staffing hours in
clause (1) by the product of the supervisory span of control ratio and the appropriate
supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6) and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
cost;
(8) for employee-related expenses, multiply the direct staffing cost by one plus the
employee-related cost ratio;
(9) for client programming and supports, add $2,260.21 divided by 365. The
commissioner shall update the amount in this clause as specified in subdivision 5b;
(10) add the results of clauses (8) and (9);
(11) add the standard general administrative support ratiodeleted text begin ,deleted text end new text begin andnew text end the program-related
expense ratiodeleted text begin , and the absence and utilization factor ratiodeleted text end ;
(12) divide the result of clause (10) by one minus the result of clause (11). This is the
total payment amount; and
(13) adjust the result of clause (12) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 8, is amended to read:
(a) For the purpose of this section, unit-based services with programming
include employment exploration services, employment development services, employment
support services, individualized home supports with family training, individualized home
supports with training, and positive support services provided to an individual outside of
any service plan for a day program or residential support service.
(b) Component values for unit-based services with programming are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 15.5 percent;
(6) client programming and support ratio: 4.7 percent, updated as specified in subdivision
5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 6.1 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
(c) A unit of service for unit-based services with programming is 15 minutes.
(d) Payments for unit-based services with programming must be calculated as follows,
unless the services are reimbursed separately as part of a residential support services or day
program payment rate:
(1) determine the number of units of service to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 and 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of direct staffing hours by the appropriate staff wage;
(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;
(11) this is the subtotal rate;
(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;
(14) for services provided in a shared manner, divide the total payment in clause (13)
as follows:
(i) for employment exploration services, divide by the number of service recipients, not
to exceed five;
(ii) for employment support services, divide by the number of service recipients, not to
exceed six;
(iii) for individualized home supports with training and individualized home supports
with family training, divide by the number of service recipients, not to exceed three; and
(iv) for night supervision, divide by the number of service recipients, not to exceed two;
and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
new text begin
(e) Effective January 1, 2027, or upon federal approval, whichever is later, providers
may not bill more than eight hours per day for individualized home supports with training
and individualized home supports with family training. This maximum does not limit a
person's use of other disability waiver services.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.4914, subdivision 9, is amended to read:
(a) For the purposes of this section, unit-based services
without programming include individualized home supports without training and night
supervision provided to an individual outside of any service plan for a day program or
residential support service. Unit-based services without programming do not include respite.new text begin
This paragraph expires upon the effective date of paragraph (b).
new text end
new text begin
(b) Effective January 1, 2026, or upon federal approval, whichever is later, for the
purposes of this section, unit-based services without programming include individualized
home supports without training, awake night supervision, and asleep night supervision
provided to an individual outside of any service plan for a day program or residential support
service.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Component values for unit-based services without programming are:
(1) competitive workforce factor: 6.7 percent;
(2) supervisory span of control ratio: 11 percent;
(3) employee vacation, sick, and training allowance ratio: 8.71 percent;
(4) employee-related cost ratio: 23.6 percent;
(5) program plan support ratio: 7.0 percent;
(6) client programming and support ratio: 2.3 percent, updated as specified in subdivision
5b;
(7) general administrative support ratio: 13.25 percent;
(8) program-related expense ratio: 2.9 percent; and
(9) absence and utilization factor ratio: 3.9 percent.
deleted text begin (c)deleted text end new text begin (d)new text end A unit of service for unit-based services without programming is 15 minutes.
deleted text begin (d)deleted text end new text begin (e)new text end Payments for unit-based services without programming must be calculated as
follows unless the services are reimbursed separately as part of a residential support services
or day program payment rate:
(1) determine the number of units of service to meet a recipient's needs;
(2) determine the appropriate hourly staff wage rates derived by the commissioner as
provided in subdivisions 5 to 5a;
(3) except for subdivision 5a, clauses (1) to (4), multiply the result of clause (2) by the
product of one plus the competitive workforce factor;
(4) for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided in subdivision 12
to the result of clause (3);
(5) multiply the number of direct staffing hours by the appropriate staff wage;
(6) multiply the number of direct staffing hours by the product of the supervisory span
of control ratio and the appropriate supervisory staff wage in subdivision 5a, clause (1);
(7) combine the results of clauses (5) and (6), and multiply the result by one plus the
employee vacation, sick, and training allowance ratio. This is defined as the direct staffing
rate;
(8) for program plan support, multiply the result of clause (7) by one plus the program
plan support ratio;
(9) for employee-related expenses, multiply the result of clause (8) by one plus the
employee-related cost ratio;
(10) for client programming and supports, multiply the result of clause (9) by one plus
the client programming and support ratio;
(11) this is the subtotal rate;
(12) sum the standard general administrative support ratio, the program-related expense
ratio, and the absence and utilization factor ratio;
(13) divide the result of clause (11) by one minus the result of clause (12). This is the
total payment amount;
(14) for individualized home supports without training provided in a shared manner,
divide the total payment amount in clause (13) by the number of service recipients, not to
exceed three; and
(15) adjust the result of clause (14) by a factor to be determined by the commissioner
to adjust for regional differences in the cost of providing services.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
to read:
new text begin
(a) Effective July
1, 2026, the commissioner must implement limitations on the rate exceptions for community
residential services, customized living services, family residential services, and integrated
community supports.
new text end
new text begin
(b) For rate exceptions related to behavioral needs, the lead agency must include:
new text end
new text begin
(1) a documented behavioral diagnosis; or
new text end
new text begin
(2) determined assessed needs for behavioral supports as identified in the person's most
recent assessment or reassessment under section 256B.0911.
new text end
new text begin
(c) Community residential services rate exceptions must not include positive supports
costs.
new text end
new text begin
(d) The commissioner must not approve rate exception requests related to increased
community time or transportation.
new text end
new text begin
(e) For the commissioner to approve a rate exception annual renewal, the person's most
recent assessment must indicate continued extraordinary needs in the areas cited in the
exception request. If a person's assessment continues to identify these extraordinary needs,
lead agencies requesting an annual renewal of rate exceptions must submit documentation
supporting the continuation of the exception. At a minimum, documentation must include:
new text end
new text begin
(1) payroll records for direct care wages cited in the request;
new text end
new text begin
(2) payment records or receipts for other costs cited in the request; and
new text end
new text begin
(3) documentation of expenses paid that were identified as necessary for the initial rate
exception.
new text end
new text begin
(f) The commissioner must not increase rate exception annual renewals that request an
exception to direct care or supervision wages more than the most recently implemented
base wage index determined under subdivision 5.
new text end
new text begin
(g) The commissioner must publish online an annual report detailing the impact of the
limitations under this subdivision on home and community-based services spending, including
but not limited to:
new text end
new text begin
(1) the number and percentage of rate exceptions granted and denied;
new text end
new text begin
(2) total spending on community residential setting services and rate exceptions;
new text end
new text begin
(3) trends in the percentage of spending attributable to rate exceptions; and
new text end
new text begin
(4) an evaluation of the effectiveness of the limitations in controlling spending growth.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 256B.4914, is amended by adding a subdivision
to read:
new text begin
Payments under this section are subject
to the sanctions and monetary recovery requirements under section 256B.064.
new text end
Minnesota Statutes 2024, section 256B.85, subdivision 7a, is amended to read:
(a) An enhanced rate of 107.5 percent of the rate paid for
CFSS must be paid for services provided to persons who qualify for ten or more hours of
CFSS per day when provided by a support worker who meets the requirements of subdivision
16, paragraph (e).new text begin This paragraph expires upon the effective date of paragraph (b).
new text end
new text begin
(b) Effective January 1, 2026, or upon federal approval, whichever is later, an enhanced
rate of 112.5 percent of the rate paid for CFSS must be paid for services provided to persons
who qualify for ten or more hours of CFSS per day when provided by a support worker
who meets the requirements of subdivision 16, paragraph (e).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end An agency provider must use all additional revenue attributable to the rate
enhancements under this subdivision for the wages and wage-related costs of the support
workers, including any corresponding increase in the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, and workers' compensation premiums.
The agency provider must not use the additional revenue attributable to any enhanced rate
under this subdivision to pay for mileage reimbursement, health and dental insurance, life
insurance, disability insurance, long-term care insurance, uniform allowance, contributions
to employee retirement accounts, or any other employee benefits.
deleted text begin (c)deleted text end new text begin (d)new text end Any change in the eligibility criteria for the enhanced rate for CFSS as described
in this subdivision and referenced in subdivision 16, paragraph (e), does not constitute a
change in a term or condition for individual providers as defined in section 256B.0711, and
is not subject to the state's obligation to meet and negotiate under chapter 179A.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.85, subdivision 8, is amended to read:
(a) All community
first services and supports must be authorized by the commissioner or the commissioner's
designee before services begin. The authorization for CFSS must be completed as soon as
possible following an assessment but no later than 40 calendar days from the date of the
assessment.
(b) The amount of CFSS authorized must be based on the participant's home care rating
described in paragraphs (d) and (e) and any additional service units for which the participant
qualifies as described in paragraph (f).
(c) The home care rating shall be determined by the commissioner or the commissioner's
designee based on information submitted to the commissioner identifying the following for
a participant:
(1) the total number of dependencies of activities of daily living;
(2) the presence of complex health-related needs; and
(3) the presence of Level I behavior.
(d) The methodology to determine the total service units for CFSS for each home care
rating is based on the median paid units per day for each home care rating from fiscal year
2007 data for the PCA program.
(e) Each home care rating is designated by the letters P through Z and EN and has the
following base number of service units assigned:
(1) P home care rating requires Level I behavior or one to three dependencies in ADLs
and qualifies the person for five service units;
(2) Q home care rating requires Level I behavior and one to three dependencies in ADLs
and qualifies the person for six service units;
(3) R home care rating requires a complex health-related need and one to three
dependencies in ADLs and qualifies the person for seven service units;
(4) S home care rating requires four to six dependencies in ADLs and qualifies the person
for ten service units;
(5) T home care rating requires four to six dependencies in ADLs and Level I behavior
and qualifies the person for 11 service units;
(6) U home care rating requires four to six dependencies in ADLs and a complex
health-related need and qualifies the person for 14 service units;
(7) V home care rating requires seven to eight dependencies in ADLs and qualifies the
person for 17 service units;
(8) W home care rating requires seven to eight dependencies in ADLs and Level I
behavior and qualifies the person for 20 service units;
(9) Z home care rating requires seven to eight dependencies in ADLs and a complex
health-related need and qualifies the person for 30 service units; and
(10) EN home care rating includes ventilator dependency as defined in section 256B.0651,
subdivision 1, paragraph (g). A person who meets the definition of ventilator-dependent
and the EN home care rating and utilize a combination of CFSS and home care nursing
services is limited to a total of 96 service units per day for those services in combination.
Additional units may be authorized when a person's assessment indicates a need for two
staff to perform activities. Additional time is limited to 16 service units per day.
(f) Additional service units are provided through the assessment and identification of
the following:
(1) 30 additional minutes per day for a dependency in each critical activity of daily
living;
(2) 30 additional minutes per day for each complex health-related need; and
(3) 30 additional minutes per day for each behavior under this clause that requires
assistance at least four times per week:
(i) level I behavior that requires the immediate response of another person;
(ii) increased vulnerability due to cognitive deficits or socially inappropriate behavior;
or
(iii) increased need for assistance for participants who are verbally aggressive or resistive
to care so that the time needed to perform activities of daily living is increased.
(g) The service budget for budget model participants shall be based on:
(1) assessed units as determined by the home care rating; and
(2) an adjustment needed for administrative expenses.new text begin This paragraph expires upon the
effective date of paragraph (h).
new text end
new text begin
(h) Effective January 1, 2026, or upon federal approval, whichever is later, the service
budget for budget model participants shall be based on:
new text end
new text begin
(1) assessed units as determined by the home care rating and the payment methodologies
under section 256B.851; and
new text end
new text begin
(2) an adjustment needed for administrative expenses.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.85, subdivision 16, is amended to read:
(a) Support workers shall:
(1) enroll with the department as a support worker after a background study under chapter
245C has been completed and the support worker has received a notice from the
commissioner that the support worker:
(i) is not disqualified under section 245C.14; or
(ii) is disqualified, but has received a set-aside of the disqualification under section
245C.22;
(2) have the ability to effectively communicate with the participant or the participant's
representative;
(3) have the skills and ability to provide the services and supports according to the
participant's CFSS service delivery plan and respond appropriately to the participant's needs;
(4) complete the basic standardized CFSS training as determined by the commissioner
before completing enrollment. The training must be available in languages other than English
and to those who need accommodations due to disabilities. CFSS support worker training
must include successful completion of the following training components: basic first aid,
vulnerable adult, child maltreatment, OSHA universal precautions, basic roles and
responsibilities of support workers including information about basic body mechanics,
emergency preparedness, orientation to positive behavioral practices, orientation to
responding to a mental health crisis, fraud issues, time cards and documentation, and an
overview of person-centered planning and self-direction. Upon completion of the training
components, the support worker must pass the certification test to provide assistance to
participants;
(5) complete employer-directed training and orientation on the participant's individual
needs;
(6) maintain the privacy and confidentiality of the participant; and
(7) not independently determine the medication dose or time for medications for the
participant.
(b) The commissioner may deny or terminate a support worker's provider enrollment
and provider number if the support worker:
(1) does not meet the requirements in paragraph (a);
(2) fails to provide the authorized services required by the employer;
(3) has been intoxicated by alcohol or drugs while providing authorized services to the
participant or while in the participant's home;
(4) has manufactured or distributed drugs while providing authorized services to the
participant or while in the participant's home; or
(5) has been excluded as a provider by the commissioner of human services, or by the
United States Department of Health and Human Services, Office of Inspector General, from
participation in Medicaid, Medicare, or any other federal health care program.
(c) A support worker may appeal in writing to the commissioner to contest the decision
to terminate the support worker's provider enrollment and provider number.
(d) A support worker must not provide or be paid for more than 310 hours of CFSS per
month, regardless of the number of participants the support worker serves or the number
of agency-providers or participant employers by which the support worker is employed.
The department shall not disallow the number of hours per day a support worker works
unless it violates other law.
(e) CFSS qualify for an enhanced rate if the support worker providing the services:
(1) provides services, within the scope of CFSS described in subdivision 7, to a participant
who qualifies for ten or more hours per day of CFSS; and
(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.new text begin This paragraph expires upon the effective date of
paragraph (f).
new text end
new text begin
(f) Effective January 1, 2026, or upon federal approval, whichever is later, CFSS qualify
for an enhanced rate or budget if the support worker providing the services:
new text end
new text begin
(1) provides services, within the scope of CFSS described in subdivision 7, to a participant
who qualifies for ten or more hours per day of CFSS; and
new text end
new text begin
(2) satisfies the current requirements of Medicare for training and competency or
competency evaluation of home health aides or nursing assistants, as provided in the Code
of Federal Regulations, title 42, section 483.151 or 484.36, or alternative state-approved
training or competency requirements.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.851, subdivision 5, is amended to read:
(a) The commissioner must use the
following component values:
(1) employee vacation, sick, and training factor, 8.71 percent;
(2) employer taxes and workers' compensation factor, 11.56 percent;
(3) employee benefits factor, 12.04 percent;
(4) client programming and supports factor, 2.30 percent;
(5) program plan support factor, 7.00 percent;
(6) general business and administrative expenses factor, 13.25 percent;
(7) program administration expenses factor, 2.90 percent; and
(8) absence and utilization factor, 3.90 percent.
deleted text begin
(b) For purposes of implementation, the commissioner shall use the following
deleted text end
deleted text begin
implementation components:
deleted text end
deleted text begin
(1) personal care assistance services and CFSS: 88.19 percent;
deleted text end
deleted text begin
(2) enhanced rate personal care assistance services and enhanced rate CFSS: 88.19
deleted text end
deleted text begin
percent; and
deleted text end
deleted text begin
(3) qualified professional services and CFSS worker training and development: 88.19
deleted text end
deleted text begin
percent.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Effective January 1, 2025, for purposes of implementation, the commissioner
shall use the following implementation components:
(1) personal care assistance services and CFSS: 92.08 percent;
(2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.08
percent; and
(3) qualified professional services and CFSS worker training and development: 92.08
percent.new text begin This paragraph expires upon the effective date of subdivision 5a.
new text end
deleted text begin (d)deleted text end new text begin (c)new text end The commissioner shall use the following worker retention components:
(1) for workers who have provided fewer than 1,001 cumulative hours in personal care
assistance services or CFSS, the worker retention component is zero percent;
(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 2.17 percent;
(3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 4.36 percent;
(4) for workers who have provided between 6,001 and 10,000 cumulative hours in
personal care assistance services or CFSS, the worker retention component is 7.35 percent;
and
(5) for workers who have provided more than 10,000 cumulative hours in personal care
assistance services or CFSS, the worker retention component is 10.81 percent.new text begin This paragraph
expires upon the effective date of subdivision 5b.
new text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner shall define the appropriate worker retention component based
on the total number of units billed for services rendered by the individual provider since
July 1, 2017. The worker retention component must be determined by the commissioner
for each individual provider and is not subject to appeal.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision
to read:
new text begin
Effective January 1, 2026, or
upon federal approval, whichever is later, for purposes of implementation, the commissioner
shall use the following implementation components:
new text end
new text begin
(1) personal care assistance services and CFSS: 92.20 percent;
new text end
new text begin
(2) enhanced rate personal care assistance services and enhanced rate CFSS: 92.20
percent; and
new text end
new text begin
(3) qualified professional services and CFSS worker training and development: 92.20
percent.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision
to read:
new text begin
Effective January 1, 2026,
or upon federal approval, whichever is later, the commissioner shall use the following
worker retention components:
new text end
new text begin
(1) for workers who have provided fewer than 1,001 cumulative hours in personal care
assistance services or CFSS, the worker retention component is zero percent;
new text end
new text begin
(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 4.05 percent;
new text end
new text begin
(3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 6.24 percent;
new text end
new text begin
(4) for workers who have provided between 6,001 and 10,000 cumulative hours in
personal care assistance services or CFSS, the worker retention component is 9.23 percent;
and
new text end
new text begin
(5) for workers who have provided more than 10,000 cumulative hours in personal care
assistance services or CFSS, the worker retention component is 12.69 percent.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision
to read:
new text begin
Effective January
1, 2027, or upon federal approval, whichever is later, for purposes of implementation, the
commissioner shall use the following implementation components if a worker has completed
either the orientation for individual providers offered through the Home Care Orientation
Trust or an orientation defined and offered by the commissioner:
new text end
new text begin
(1) for workers who have provided fewer than 1,001 cumulative hours in personal care
assistance services or CFSS, the worker retention component is 1.88 percent;
new text end
new text begin
(2) for workers who have provided between 1,001 and 2,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 5.92 percent;
new text end
new text begin
(3) for workers who have provided between 2,001 and 6,000 cumulative hours in personal
care assistance services or CFSS, the worker retention component is 8.11 percent;
new text end
new text begin
(4) for workers who have provided between 6,001 and 10,000 cumulative hours in
personal care assistance services or CFSS, the worker retention component is 11.10 percent;
and
new text end
new text begin
(5) for workers who have provided more than 10,000 cumulative hours in personal care
assistance services or CFSS, the worker retention component is 14.56 percent.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.851, subdivision 6, is amended to read:
(a) The commissioner must determine
the rate for personal care assistance services, CFSS, extended personal care assistance
services, extended CFSS, enhanced rate personal care assistance services, enhanced rate
CFSS, qualified professional services, and CFSS worker training and development as
follows:
(1) multiply the appropriate total wage component value calculated in subdivision 4 by
one plus the employee vacation, sick, and training factor in subdivision 5;
(2) for program plan support, multiply the result of clause (1) by one plus the program
plan support factor in subdivision 5;
(3) for employee-related expenses, add the employer taxes and workers' compensation
factor in subdivision 5 and the employee benefits factor in subdivision 5. The sum is
employee-related expenses. Multiply the product of clause (2) by one plus the value for
employee-related expenses;
(4) for client programming and supports, multiply the product of clause (3) by one plus
the client programming and supports factor in subdivision 5;
(5) for administrative expenses, add the general business and administrative expenses
factor in subdivision 5, the program administration expenses factor in subdivision 5, and
the absence and utilization factor in subdivision 5;
(6) divide the result of clause (4) by one minus the result of clause (5). The quotient is
the hourly rate;
(7) multiply the hourly rate by the appropriate implementation component under
subdivision 5 new text begin or 5anew text end . This is the adjusted hourly rate; and
(8) divide the adjusted hourly rate by four. The quotient is the total adjusted payment
rate.
(b) In processing new text begin personal care assistance provider agency and CFSS provider agency
new text end claims, the commissioner shall incorporate the worker retention deleted text begin componentdeleted text end new text begin componentsnew text end
specified in subdivision 5new text begin , 5b, or 5cnew text end , by multiplying one plus the total adjusted payment
rate by the appropriate worker retention component under subdivision 5, deleted text begin paragraph (d)deleted text end new text begin 5b,
or 5cnew text end .
(c) The commissioner must publish the total final payment rates.
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner shall notify the revisor of statutes when federal
approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.851, subdivision 7, is amended to read:
Any
rate adjustments applied to the service rates calculated under this section outside of the cost
components and rate methodology specified in this section, including but not limited to
those implemented to enable participant-employers and provider agencies to meet the terms
and conditions of any collective bargaining agreement negotiated under chapter 179A, shall
be applied as changes to the value of component values deleted text begin ordeleted text end new text begin ,new text end implementation componentsnew text begin ,
or worker retention componentsnew text end in deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 5new text begin to 5cnew text end .
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.851, is amended by adding a subdivision
to read:
new text begin
The commissioner shall increase the authorized
amount for the CFSS budget model of those CFSS participant-employers employing
individual providers who have provided more than 1,000 hours of services as well as
individual providers who have completed the orientation offered by the Home Care
Orientation Trust or an orientation defined and offered by the commissioner. The
commissioner shall determine the amount and method of the authorized amount increase.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 260E.14, subdivision 1, is amended to read:
(a) The local welfare agency is the agency
responsible for investigating allegations of maltreatment in child foster care, family child
care, legally nonlicensed child care, and reports involving children served by an unlicensed
personal care provider organization under section 256B.0659. Copies of findings related to
personal care provider organizations under section 256B.0659 must be forwarded to the
Department of Human Services provider enrollment.
(b) The Department of Children, Youth, and Families is the agency responsible for
screening and investigating allegations of maltreatment in juvenile correctional facilities
listed under section 241.021 located in the local welfare agency's county and in facilities
licensed or certified under chapters 245A and 245D.
(c) The Department of Health is the agency responsible for screening and investigating
allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
to 144A.482 or chapter 144H.
(d) The Department of Education is the agency responsible for screening and investigating
allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
and 13, and chapter 124E. The Department of Education's responsibility to screen and
investigate includes allegations of maltreatment involving students 18 through 21 years of
age, including students receiving special education services, up to and including graduation
and the issuance of a secondary or high school diploma.
new text begin
(e) The Department of Human Services is the agency responsible for screening and
investigating allegations of maltreatment of minors in an EIDBI agency operating under
sections 245A.142 and 256B.0949.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end A health or corrections agency receiving a report may request the local welfare
agency to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
deleted text begin (f)deleted text end new text begin (g)new text end The Department of Children, Youth, and Families is the agency responsible for
screening and investigating allegations of maltreatment in facilities or programs not listed
in paragraph (a) that are licensed or certified under chapters 142B and 142C.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 626.5572, subdivision 13, is amended to read:
"Lead investigative agency" is the primary
administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services
licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding
care homes, hospice providers, residential facilities that are also federally certified as
intermediate care facilities that serve people with developmental disabilities, or any other
facility or service not listed in this subdivision that is licensed or required to be licensed by
the Department of Health for the care of vulnerable adults. "Home care provider" has the
meaning provided in section 144A.43, subdivision 4, and applies when care or services are
delivered in the vulnerable adult's home.
(b) The Department of Human Services is the lead investigative agency for facilities or
services licensed or required to be licensed as adult day care, adult foster care, community
residential settings, programs for people with disabilities, family adult day services, mental
health programs, mental health clinics, substance use disorder programs, the Minnesota Sex
Offender Program, or any other facility or service not listed in this subdivision that is licensed
or required to be licensed by the Department of Human Servicesnew text begin , including EIDBI agencies
under sections 245A.142 and 256B.0949new text end .
(c) The county social service agency or its designee is the lead investigative agency for
all other reports, including, but not limited to, reports involving vulnerable adults receiving
services from a personal care provider organization under section 256B.0659.
new text begin
This section is effective January 1, 2026.
new text end
Laws 2021, First Special Session chapter 7, article 13, section 73, is amended to
read:
(a) new text begin Effective January 1, 2028, or upon federal approval, whichever is later, new text end the
commissioner of human services must implement a two-home and community-based services
waiver program structure, as authorized under section 1915(c) of the federal Social Security
Act, that serves persons who are determined by a certified assessor to require the levels of
care provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate
care facility for persons with developmental disabilities.
(b) new text begin Effective January 1, 2028, or upon federal approval, whichever is later, new text end the
commissioner of human services must implement an individualized budget methodology,
as authorized under section 1915(c) of the federal Social Security Act, that serves persons
who are determined by a certified assessor to require the levels of care provided in a nursing
home, a hospital, a neurobehavioral hospital, or an intermediate care facility for persons
with developmental disabilities.
new text begin
(c) The commissioner must develop an individualized budget methodology exception
to support access to self-directed home care nursing services. Lead agencies must submit
budget exception requests to the commissioner in a manner identified by the commissioner.
Eligibility for the budget exception in this paragraph is limited to persons meeting all of the
following criteria in the person's most recent assessment:
new text end
new text begin
(1) the person is assessed to need the level of care delivered in a hospital setting as
evidenced by the submission of the Department of Human Services form 7096, primary
medical provider's documentation of medical monitoring and treatment needs;
new text end
new text begin
(2) the person is assessed to receive a support range budget of E or H; and
new text end
new text begin
(3) the person does not receive community residential services, family residential services,
integrated community supports services, or customized living services.
new text end
new text begin
(d) Home care nursing services funded through the budget exception developed under
paragraph (c) must be ordered by a physician, physician assistant, or advanced practice
registered nurse. If the participant chooses home care nursing, the home care nursing services
must be performed by a registered nurse or licensed practical nurse practicing within the
registered nurse's or licensed practical nurse's scope of practice as defined under Minnesota
Statutes, sections 148.171 to 148.285. If after a person's annual reassessment under Minnesota
Statutes, section 256B.0911, any requirements of this paragraph or paragraph (c) are no
longer met, the commissioner must terminate the budget exception.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end The commissioner of human services may seek all federal authority necessary to
implement this section.
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner must ensure that the new waiver service menu and individual
budgets allow people to live in their own home, family home, or any home and
community-based setting of their choice. The commissioner must ensure, within available
resources and subject to state and federal regulations and law, that waiver reimagine does
not result in unintended service disruptions.
new text begin
(g) No later than January 1, 2027, the commissioner must:
new text end
new text begin
(1) develop and implement an online support planning and tracking tool to provide
information in an accessible format to support informed choice for people using disability
waiver services that allows access to the total budget available to a person, the services for
which they are eligible, and the services they have chosen and used;
new text end
new text begin
(2) explore operability options that facilitate real-time tracking of a person's remaining
available budget throughout the service year; and
new text end
new text begin
(3) seek input from people with disabilities about the online support planning tool prior
to the tool's implementation.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 4,
as amended by Laws 2024, chapter 108, article 1, section 28, is amended to read:
Prior to seeking federal approval for any aspect of waiver
reimagine phase II and deleted text begin in collaboration with the Waiver Reimagine Advisory Committeedeleted text end new text begin
no later than December 15, 2026new text end , the commissioner must submit to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over health
and human services a report on plans for waiver reimagine phase IInew text begin , as well as the actual
Waiver Reimagine plan intended to be submitted for federal approvalnew text end . The report must also
include any plans to adjust or modify the streamlined menu of services, the existing rate new text begin or
budget new text end exemption criteria or processdeleted text begin ,deleted text end new text begin ;new text end the proposed individual budget deleted text begin ranges,deleted text end new text begin based on need
and not location of services, including additional budget resources beyond the resources
required to meet assessed need that may be necessary for the individual to live in the least
restrictive environment;new text end and the role of MnCHOICES 2.0 assessment tool in determining
service needs and individual deleted text begin budget rangesdeleted text end new text begin budgetsnew text end .
new text begin
This section is effective the day following final enactment.
new text end
Laws 2023, chapter 61, article 1, section 5, the effective date, is amended to read:
This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
Laws 2023, chapter 61, article 1, section 27, the effective date, is amended to
read:
This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later, except that paragraph (b) is effective the day following final
enactment. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
Laws 2023, chapter 61, article 1, section 30, the effective date, is amended to
read:
The amendment to clause (5), item (ii), the amendment to clause
(14), and the amendment striking clause (18) are effective January 1, 2024, or upon federal
approval, whichever is later. The amendment to clause (4) is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end ,
or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Laws 2023, chapter 61, article 1, section 32, the effective date, is amended to
read:
This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
Laws 2023, chapter 61, article 1, section 47, the effective date, is amended to
read:
This section is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
Laws 2023, chapter 61, article 1, section 61, subdivision 4, is amended to read:
By December 1, 2024, the commissioner must submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over human services finance and policy an interim report on the impact and outcomes of
the grants, including the number of grants awarded and the organizations receiving the
grants. The interim report must include any available evidence of how grantees were able
to increase utilization of supported decision making and reduce or avoid more restrictive
forms of decision making such as guardianship and conservatorship. By December 1, deleted text begin 2025deleted text end new text begin
2027new text end , the commissioner must submit to the chairs and ranking minority members of the
legislative committees with jurisdiction over human services finance and policy a final
report on the impact and outcomes of the grants, including any updated information from
the interim report and the total number of people served by the grants. The final report must
also detail how the money was used to achieve the requirements in subdivision 3, paragraph
(b).
Laws 2023, chapter 61, article 1, section 85, the effective date, is amended to
read:
Paragraph (a) is effective January 1, 2024, or upon federal
approval, whichever is later, and paragraph (b) is effective January 1, deleted text begin 2026deleted text end new text begin 2028new text end , or upon
federal approval, whichever is later. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained.
new text begin
(a) The commissioner shall establish a positive supports competency program with the
money appropriated for this purpose.
new text end
new text begin
(b) When establishing the positive supports competency program, the commissioner
must use a community partner driven process to:
new text end
new text begin
(1) define the core activities associated with effective intervention services at the positive
support specialist, positive support analyst, and positive support professional level;
new text end
new text begin
(2) create tools providers may use to track whether the provider's positive support
specialists, positive support analysts, and positive support professionals are competently
performing the core activities associated with effective intervention services;
new text end
new text begin
(3) align existing training systems funded through the Department of Human Services
and develop free online modules for competency-based training to prepare positive support
specialists, positive support analysts, and positive support professionals to provide effective
intervention services;
new text end
new text begin
(4) assist providers interested in utilizing a competency-based training model to create
a career pathway for the positive support analysts and positive support specialists within
the provider's organizations by using experienced professionals;
new text end
new text begin
(5) create written guidelines, stories, and examples for providers that will be placed on
Department of Human Services websites promoting capacity building; and
new text end
new text begin
(6) disseminate resources and guidance to providers interested in meeting
competency-based qualifications for positive supports via preexisting regional networks of
experts, including communities of practice, and develop new avenues for disseminating
these resources and guidance, including through implementation of ECHO models.
new text end
new text begin
(a) The Advisory Task Force on Waiver
Reimagine consists of the following members:
new text end
new text begin
(1) one member of the house of representatives, appointed by the speaker of the house;
new text end
new text begin
(2) one member of the house of representatives, appointed by the leader of the house of
representatives Democratic-Farmer-Labor caucus;
new text end
new text begin
(3) one member of the senate, appointed by the senate majority leader;
new text end
new text begin
(4) one member of the senate, appointed by the senate minority leader;
new text end
new text begin
(5) four individuals currently receiving disability waiver services who are under the age
of 65, appointed by the governor;
new text end
new text begin
(6) one county employee who conducts long-term care consultation services assessments
for persons under the age of 65, appointed by the Minnesota Association of County Social
Services Administrators;
new text end
new text begin
(7) one representative of the Department of Human Services with knowledge of the
requirements for a provider to participate in disability waiver service programs and of the
administration of benefits, appointed by the commissioner of human services;
new text end
new text begin
(8) one employee of the Minnesota Council on Disability, appointed by the Minnesota
Council on Disability;
new text end
new text begin
(9) two representatives of disability advocacy organizations, appointed by the governor;
new text end
new text begin
(10) two family members of individuals who are receiving disability waiver services,
appointed by the governor;
new text end
new text begin
(11) two providers of disability waiver services for persons who are under the age of
65, appointed by the governor;
new text end
new text begin
(12) one employee from the Office of Ombudsman for Mental Health and Developmental
Disabilities, appointed by the ombudsman;
new text end
new text begin
(13) one employee from the Olmstead Implementation Office, appointed by the director
of the office;
new text end
new text begin
(14) the assistant commissioner of the Department of Human Services administration
that oversees disability services; and
new text end
new text begin
(15) a member of the Minnesota Disability Law Center, appointed by the executive
director of Mid-Minnesota Legal Aid.
new text end
new text begin
(b) Each appointing authority must make appointments by September 30, 2025.
Appointments made by an agency or commissioner may also be made by a designee.
new text end
new text begin
(c) In making task force appointments, the governor must ensure representation from
greater Minnesota.
new text end
new text begin
(d) The Office of Collaboration and Dispute Resolution must convene the task force.
new text end
new text begin
(e) The task force members must elect co-chairs from the membership of the task force
at the first task force meeting.
new text end
new text begin
(a) The first meeting of the task force must
be convened no later than November 30, 2025. The task force must meet at least quarterly.
Meetings are subject to Minnesota Statutes, chapter 13D. The task force may meet by
telephone or interactive technology consistent with Minnesota Statutes, section 13D.015.
new text end
new text begin
(b) The Department of Human Services shall provide meeting space and administrative
and research support to the task force.
new text end
new text begin
(a) The task force must make findings and recommendations related
to Waiver Reimagine in Minnesota, including but not limited to the following:
new text end
new text begin
(1) consolidation of the existing four disability home and community-based waiver
service programs into two waiver programs;
new text end
new text begin
(2) budgets based on the needs of the individual that are not tied to location of services,
including additional resources beyond the resources required to meet assessed needs that
may be necessary for the individual to live in the least restrictive environment;
new text end
new text begin
(3) criteria and processes for provider rate exceptions and individualized budget
exceptions;
new text end
new text begin
(4) appropriate assessments, including the MnCHOICES 2.0 assessment tool, in
determining service needs and individualized budgets;
new text end
new text begin
(5) covered services under each disability waiver program, including any proposed
adjustments to the menu of services;
new text end
new text begin
(6) service planning and authorization processes for disability waiver services;
new text end
new text begin
(7) a plan of support, financial and otherwise, to live in the person's own home and in
the most integrated setting as defined under Title 2 of the Americans with Disability Act
(ADA) Integration Mandate and in Minnesota's Olmstead Plan;
new text end
new text begin
(8) intended and unintended outcomes of Waiver Reimagine; and
new text end
new text begin
(9) other items related to Waiver Reimagine as necessary.
new text end
new text begin
(b) The task force must seek input from the public, counties, persons receiving disability
waiver services, families of persons receiving disability waiver services, providers, state
agencies, and advocacy groups.
new text end
new text begin
(c) The task force must hold public meetings to gather information to fulfill the purpose
of the task force. The meetings must be accessible by remote participants.
new text end
new text begin
(d) The Department of Human Services shall provide relevant data and research to the
task force to facilitate the task force's work.
new text end
new text begin
Members of the task force may receive compensation
and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
3.
new text end
new text begin
(a) The task force shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over disability waiver
services no later than January 15, 2027, that describes any concerns or recommendations
related to Waiver Reimagine as identified by the task force.
new text end
new text begin
(b) The report required under Laws 2021, First Special Session chapter 7, article 13,
section 75, subdivision 4, as amended by Laws 2024, chapter 108, article 1, section 28,
must be presented to the task force prior to December 15, 2026.
new text end
new text begin
The task force expires upon submission of the task force's report.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
must increase the consumer-directed community support budgets identified in the waiver
plans under Minnesota Statutes, sections 256B.092 and 256B.49, and chapter 256S; and
the alternative care program under Minnesota Statutes, section 256B.0913, by 0.13 percent.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Effective January 1, 2026, or upon federal approval, whichever is later, the commissioner
must increase the consumer-directed community supports budget enhancement percentage
identified in the waiver plans under Minnesota Statutes, sections 256B.092 and 256B.49,
and chapter 256S; and the alternative care program under Minnesota Statutes, section
256B.0913, from 7.5 to 12.5.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a)
new text end
new text begin
Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 3, as
amended by Laws 2024, chapter 108, article 1, section 28,
new text end
new text begin
is repealed effective the day
following final enactment.
new text end
new text begin
(b)
new text end
new text begin
Laws 2021, First Special Session chapter 7, article 13, section 75, subdivision 6, as
amended by Laws 2024, chapter 108, article 1, section 28,
new text end
new text begin
is repealed effective the day
following final enactment.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision
to read:
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Income" means the adjusted gross income of the natural or adoptive parents
determined according to the previous year's federal tax form, except that taxable capital
gains, to the extent the money has been used to purchase a home, shall not be counted as
income.
new text end
new text begin
(c) "Insurance" means health and accident insurance coverage or enrollment in a nonprofit
health service plan, health maintenance organization, self-insured plan, or preferred provider
organization.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
Parents with household adjusted gross income equal
to or greater than 675 percent of the federal poverty guidelines are responsible for a portion
of the cost of services, according to subdivision 8, when:
new text end
new text begin
(1) insurance or other health care benefits pay some but not all of the cost of services;
and
new text end
new text begin
(2) no insurance or other health care benefits are available.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The natural or adoptive parents of a minor child,
not including a child determined eligible for medical assistance without consideration of
parental income under the Tax Equity and Fiscal Responsibility Act (TEFRA) option or a
child accessing home and community-based waiver services, must contribute to the cost of
services used by making monthly payments on a sliding scale based on income, unless the
child is married or has been married, parental rights have been terminated, or the child's
adoption is subsidized according to chapter 259A or through Title IV-E of the Social Security
Act. The parental contribution is a partial or full payment for provided medical services
needed by a child with a chronic illness or disability, including diagnosis, therapy, cures,
treatment, mitigation, rehabilitation, maintenance, and personal care services.
new text end
new text begin
(b) For households with adjusted gross income equal to or greater than 675 percent of
federal poverty guidelines, the commissioner shall compute the parental contribution by
applying the following schedule of rates to the adjusted gross income of the natural or
adoptive parents:
new text end
new text begin
(1) if the adjusted gross income is equal to or greater than 675 percent of federal poverty
guidelines and less than 975 percent of federal poverty guidelines, the commissioner shall
determine the parental contribution using a sliding fee scale established by the commissioner
that begins at 4.5 percent of adjusted gross income at 675 percent of federal poverty
guidelines and increases to 5.99 percent of adjusted gross income for households with
adjusted gross income up to 975 percent of federal poverty guidelines; and
new text end
new text begin
(2) if the adjusted gross income is equal to or greater than 975 percent of federal poverty
guidelines, the parental contribution is 7.49 percent of adjusted gross income.
new text end
new text begin
(c) If the child lives with the parent, the commissioner shall reduce the annual adjusted
gross income by $2,400 prior to calculating the parental contribution. If the child resides
in an institution specified in section 256B.35, the parent is responsible for the personal needs
allowance specified under that section in addition to the parental contribution determined
under this section. The parental contribution is reduced by any amount required to be paid
directly to the child pursuant to a court order, but only if actually paid.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The household size used in
determining the amount of contribution under subdivision 8 includes natural and adoptive
parents and their dependents, including the child receiving services.
new text end
new text begin
(b) The commissioner shall implement adjustments in the contribution amount due to
annual changes in the federal poverty guidelines on the first day of July following publication
of the changes.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner shall explain the
contribution in writing to the parents at the time eligibility for services is determined. The
parents shall make the contribution on a monthly basis starting with the first month in which
the child receives services.
new text end
new text begin
(b) Annually upon redetermination or at termination of eligibility, if the contribution
exceeded the cost of services provided, the local agency or the state shall reimburse the
excess amount to the parents, either by direct reimbursement if the parent is no longer
required to pay a contribution, or by a reduction in or waiver of parental fees until the excess
amount is exhausted. All reimbursements must include a notice that the amount reimbursed
may be taxable income if the parent paid for the parent's fees through an employer's health
care flexible spending account under the Internal Revenue Code, section 125, and that the
parent is responsible for paying the taxes owed on the amount reimbursed.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner must review the monthly
contribution amount at least once every 12 months, when there is a change in household
size, and when there is a loss of or gain in income from one month to another in excess of
ten percent.
new text end
new text begin
(b) The local agency shall mail a written notice 30 days in advance of the effective date
of a change in the contribution amount. A decrease in the contribution amount is effective
in the month that the parent verifies a reduction in income or change in household size.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
Parents of a minor
child who do not live with each other shall each pay the contribution required under
subdivision 8. The commissioner shall deduct an amount equal to the annual court-ordered
child support payment actually paid on behalf of the child receiving services from the
adjusted gross income of the parent making the payment prior to calculating the parental
contribution under subdivision 8.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
The
commissioner shall not require parents who have more than one child receiving services to
pay more than the amount for the child with the highest expenditures. The commissioner
shall not require the parent to pay a contribution in excess of the cost of the services provided
to the child, not counting payments made to school districts for education-related services.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner shall increase the contribution
under subdivision 8 by an additional five percent if the local agency determines that insurance
coverage is available but not obtained for the child.
new text end
new text begin
(b) For purposes of this subdivision, "available" means insurance that is a benefit of
employment for a family member at an annual cost of no more than five percent of the
family's annual income.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner shall reduce the contribution
under subdivision 8 by $300 per fiscal year if, in the 12 months prior to July 1:
new text end
new text begin
(1) the parent applied for insurance for the child;
new text end
new text begin
(2) the insurer denied insurance;
new text end
new text begin
(3) the parents submitted a complaint or appeal in writing to the insurer, submitted a
complaint or appeal in writing to the commissioner of health or the commissioner of
commerce, or litigated the complaint or appeal; and
new text end
new text begin
(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
new text end
new text begin
(b) A parent who has requested a reduction in the contribution amount under this
subdivision must submit proof in the form and manner prescribed by the commissioner or
local agency, including but not limited to the insurer's denial of insurance, the written letter
or complaint of the parents, court documents, and the written response of the insurer
approving insurance. The determinations of the commissioner or local agency under this
subdivision are not rules subject to chapter 14.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
If the parent fails to make appropriate reimbursement as required
in subdivisions 7 and 8, the attorney general, at the request of the commissioner, may institute
or direct the appropriate county attorney to institute civil action to recover the required
reimbursement.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
If the parental contribution is for reimbursement for the
cost of services to both the local agency and the medical assistance program, the local agency
must be reimbursed for the agency's expenses first and the remainder must be deposited in
the medical assistance account.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
The commissioner shall mail a
determination order and written notice of parental fee to the parent at least annually, or more
frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination
order and notice must contain the following information:
new text end
new text begin
(1) the amount the parent is required to contribute;
new text end
new text begin
(2) the notice of the right to a redetermination and appeal; and
new text end
new text begin
(3) the telephone number of the division at the Department of Human Services that is
responsible for redeterminations.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 252.27, is amended by adding a subdivision to
read:
new text begin
(a) A parent may appeal the determination or redetermination of an
obligation to make a contribution under this section according to section 256.045. The parent
must make a request for a hearing in writing within 30 days of the date the commissioner
mails the determination or redetermination order, or within 90 days of the written notice if
the parent shows good cause why the request was not submitted within the 30-day time
limit. The commissioner must provide the parent with a written notice that acknowledges
receipt of the request and notifies the parent of the date of the hearing. While the appeal is
pending, the parent has the rights regarding making payment that are provided in Minnesota
Rules, part 9550.6235.
new text end
new text begin
(b) If the commissioner's determination or redetermination is affirmed, the parent shall,
within 90 calendar days after the date an order is issued under section 256.045, subdivision
5, pay the total amount due from the effective date of the notice of determination or
redetermination that was appealed by the parent. If the commissioner's order under this
subdivision results in a decrease in the parental fee amount, the commissioner shall credit
any payments made by the parent that result in an overpayment to the parent as provided
in Minnesota Rules, part 9550.6235, subpart 3.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:
(a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team under sections
256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the
commissioner shall review all medical evidence and seek information from providers,
applicants, and enrollees to support the determination of disability where necessary. Disability
shall be determined according to the rules of title XVI and title XIX of the Social Security
Act and pertinent rules and policies of the Social Security Administration.
new text begin
(b) Medical assistance providers must grant the state medical review team access to
electronic health records held by the medical assistance providers, when available, to support
efficient and accurate disability determinations.
new text end
new text begin
(c) Medicaid providers shall accept electronically signed authorizations to release medical
records provided by the state medical review team.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Prior to a denial or withdrawal of a requested determination of disability due to
insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
and appropriate to a determination of disability, and (2) assist applicants and enrollees to
obtain the evidence, including, but not limited to, medical examinations and electronic
medical records.
deleted text begin (c)deleted text end new text begin (e)new text end Any appeal made under section 256.045, subdivision 3, of a disability
determination made by the state medical review team must be decided according to the
timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not
issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal
must be immediately reviewed by the chief human services judge.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.14, subdivision 2, is amended to read:
new text begin (a) new text end The state agency shall promulgate rules to
determine the ability of responsible relatives to contribute partial or complete payment or
repayment of medical assistance furnished to recipients for whom they are responsible. All
medical assistance exclusions shall be allowed, and a resource limit of $10,000 for
nonexcluded resources shall be implemented. Above these limits, a contribution of one-third
of the excess resources shall be required. These rules shall not require payment or repayment
when payment would cause undue hardship to the responsible relative or that relative's
immediate family. These rules deleted text begin do not apply todeleted text end new text begin must be consistent with the requirements of
section 252.27 fornew text end parents of children new text begin with household adjusted gross income equal to or
greater than 675 percent of the federal poverty guidelines new text end whose eligibility for medical
assistance was determined without deeming of the parents' resources and income under the
Tax Equity and Fiscal Responsibility Act (TEFRA) option or deleted text begin to parents of children accessingdeleted text end new text begin
accessnew text end home and community-based waiver services. The county agency shall give the
responsible relative notice of the amount of the payment or repayment. If the state agency
or county agency finds that notice of the payment obligation was given to the responsible
relative, but that the relative failed or refused to pay, a cause of action exists against the
responsible relative for that portion of medical assistance granted after notice was given to
the responsible relative, which the relative was determined to be able to pay.
new text begin (b) new text end The action may be brought by the state agency or the county agency in the county
where assistance was granted, for the assistance, together with the costs of disbursements
incurred due to the action.
new text begin (c) new text end In addition to granting the county or state agency a money judgment, the court may,
upon a motion or order to show cause, order continuing contributions by a responsible
relative found able to repay the county or state agency. The order shall be effective only
for the period of time during which the recipient receives medical assistance from the county
or state agency.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 256B.766, is amended to read:
deleted text begin (a)deleted text end
Effective for services provided on or after July 1, 2009, total payments for basic care services,
shall be reduced by three percent, except that for the period July 1, 2009, through June 30,
2011, total payments shall be reduced by 4.5 percent for the medical assistance and general
assistance medical care programs, prior to third-party liability and spenddown calculation.
deleted text begin Effective July 1, 2010,deleted text end The
commissioner shall classify physical therapy services, occupational therapy services, and
speech-language pathology and related services as basic care services. The reduction in deleted text begin this
paragraphdeleted text end new text begin subdivision 1new text end shall apply to physical therapy services, occupational therapy
services, and speech-language pathology and related services provided on or after July 1,
2010.
deleted text begin (b)deleted text end
Payments made to managed care plans and county-based purchasing plans shall be reduced
for services provided on or after October 1, 2009, to reflect the reduction new text begin in subdivision 1
new text end effective July 1, 2009, and payments made to the plans shall be reduced effective October
1, 2010, to reflect the reduction new text begin in subdivision 1 new text end effective July 1, 2010.
deleted text begin (c)deleted text end new text begin (a)new text end Effective
for services provided on or after September 1, 2011, through June 30, 2013, total payments
for outpatient hospital facility fees shall be reduced by five percent from the rates in effect
on August 31, 2011.
deleted text begin (d)deleted text end new text begin (b)new text end Effective for services provided on or after September 1, 2011, through June 30,
2013, total payments for ambulatory surgery centers facility fees, medical supplies and
durable medical equipment not subject to a volume purchase contract, prosthetics and
orthotics, renal dialysis services, laboratory services, public health nursing services, physical
therapy services, occupational therapy services, speech therapy services, eyeglasses not
subject to a volume purchase contract, hearing aids not subject to a volume purchase contract,
and anesthesia services shall be reduced by three percent from the rates in effect on August
31, 2011.
deleted text begin (e)deleted text end new text begin (a)new text end Effective for services
provided on or after September 1, 2014, payments for ambulatory surgery centers facility
fees, hospice services, renal dialysis services, laboratory services, public health nursing
services, eyeglasses not subject to a volume purchase contract, and hearing aids not subject
to a volume purchase contract shall be increased by three percent and payments for outpatient
hospital facility fees shall be increased by three percent.
new text begin (b) new text end Payments made to managed care plans and county-based purchasing plans shall not
be adjusted to reflect payments under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
deleted text begin (f)deleted text end Payments for
medical supplies and durable medical equipment not subject to a volume purchase contract,
and prosthetics and orthotics, provided on or after July 1, 2014, through June 30, 2015, shall
be decreased by .33 percent.
new text begin (a) new text end Payments for medical supplies
and durable medical equipment not subject to a volume purchase contract, and prosthetics
and orthotics, provided on or after July 1, 2015, shall be increased by three percent from
the rates as determined under deleted text begin paragraphs (i) and (j)deleted text end new text begin subdivisions 9 and 10new text end .
deleted text begin (g)deleted text end new text begin (b)new text end Effective for services provided on or after July 1, 2015, payments for outpatient
hospital facility fees, medical supplies and durable medical equipment not subject to a
volume purchase contract, prosthetics, and orthotics to a hospital meeting the criteria specified
in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent
from the rates in effect on June 30, 2015.
new text begin (c) new text end Payments made to managed care plans and county-based purchasing plans shall not
be adjusted to reflect payments under deleted text begin thisdeleted text end paragraphnew text begin (b)new text end .
deleted text begin (h)deleted text end This section does not apply to physician and professional
services, inpatient hospital services, family planning services, mental health services, dental
services, prescription drugs, medical transportation, federally qualified health centers, rural
health centers, Indian health services, and Medicare cost-sharing.
deleted text begin (i)deleted text end new text begin (a)new text end Effective for services provided on or after
July 1, 2015, the following categories of medical supplies and durable medical equipment
shall be individually priced items: customized and other specialized tracheostomy tubes
and supplies, electric patient lifts, and durable medical equipment repair and service.
new text begin (b) new text end This deleted text begin paragraphdeleted text end new text begin subdivisionnew text end does not apply to medical supplies and durable medical
equipment subject to a volume purchase contract, products subject to the preferred diabetic
testing supply program, and items provided to dually eligible recipients when Medicare is
the primary payer for the item.
new text begin (c) new text end The commissioner shall not apply any medical assistance rate reductions to durable
medical equipment as a result of Medicare competitive bidding.
deleted text begin (j)deleted text end new text begin (a)new text end Effective for services provided
on or after July 1, 2015, medical assistance payment rates for durable medical equipment,
prosthetics, orthotics, or supplies shall be increased as follows:
(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies that
were subject to the Medicare competitive bid that took effect in January of 2009 shall be
increased by 9.5 percent; and
(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies on
the medical assistance fee schedule, whether or not subject to the Medicare competitive bid
that took effect in January of 2009, shall be increased by 2.94 percent, with this increase
being applied after calculation of any increased payment rate under clause (1).
deleted text begin Thisdeleted text end new text begin (b)new text end Paragraph new text begin (a) new text end does not apply to medical supplies and durable medical equipment
subject to a volume purchase contract, products subject to the preferred diabetic testing
supply program, items provided to dually eligible recipients when Medicare is the primary
payer for the item, and individually priced items identified in deleted text begin paragraph (i)deleted text end new text begin subdivision 9new text end .
new text begin (c) new text end Payments made to managed care plans and county-based purchasing plans shall not
be adjusted to reflect the rate increases in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
deleted text begin (k)deleted text end new text begin (a)new text end Effective for nonpressure support ventilators
provided on or after January 1, 2016, the rate shall be the lower of the submitted charge or
the Medicare fee schedule rate.
new text begin (b) new text end Effective for pressure support ventilators provided on or after January 1, 2016, the
rate shall be the lower of the submitted charge or 47 percent above the Medicare fee schedule
rate.
new text begin (c) new text end For payments made in accordance with this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end , if, and to the
extent that, the commissioner identifies that the state has received federal financial
participation for ventilators in excess of the amount allowed effective January 1, 2018,
under United States Code, title 42, section 1396b(i)(27), the state shall repay the excess
amount to the Centers for Medicare and Medicaid Services with state funds and maintain
the full payment rate under this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
deleted text begin (l)deleted text end Payment rates for durable
medical equipment, prosthetics, orthotics or supplies, that are subject to the upper payment
limit in accordance with section 1903(i)(27) of the Social Security Act, shall be paid the
Medicare rate. Rate increases provided in this chapter shall not be applied to the items listed
in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end .
deleted text begin (m)deleted text end new text begin (a)new text end For dates of
service on or after July 1, 2023, through June 30, deleted text begin 2025deleted text end new text begin 2027new text end , enteral nutrition and supplies
must be paid according to this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end . If sufficient data exists for a product
or supply, payment must be based upon the 50th percentile of the usual and customary
charges per product code submitted to the commissioner, using only charges submitted per
unit. Increases in rates resulting from the 50th percentile payment method must not exceed
150 percent of the previous fiscal year's rate per code and product combination. Data are
sufficient if: (1) the commissioner has at least 100 paid claim lines by at least ten different
providers for a given product or supply; or (2) in the absence of the data in clause (1), the
commissioner has at least 20 claim lines by at least five different providers for a product or
supply that does not meet the requirements of clause (1). If sufficient data are not available
to calculate the 50th percentile for enteral products or supplies, the payment rate must be
the payment rate in effect on June 30, 2023.
new text begin
(b) This subdivision expires June 30, 2027.
new text end
deleted text begin (n)deleted text end For dates of service on or after
July 1, deleted text begin 2025deleted text end new text begin 2027new text end , enteral nutrition and supplies must be paid according to this deleted text begin paragraphdeleted text end new text begin
subdivisionnew text end and updated annually each January 1. If sufficient data exists for a product or
supply, payment must be based upon the 50th percentile of the usual and customary charges
per product code submitted to the commissioner for the previous calendar year, using only
charges submitted per unit. Increases in rates resulting from the 50th percentile payment
method must not exceed 150 percent of the previous year's rate per code and product
combination. Data are sufficient if: (1) the commissioner has at least 100 paid claim lines
by at least ten different providers for a given product or supply; or (2) in the absence of the
data in clause (1), the commissioner has at least 20 claim lines by at least five different
providers for a product or supply that does not meet the requirements of clause (1). If
sufficient data are not available to calculate the 50th percentile for enteral products or
supplies, the payment must be the manufacturer's suggested retail price of that product or
supply minus 20 percent. If the manufacturer's suggested retail price is not available, payment
must be the actual acquisition cost of that product or supply plus 20 percent.
Minnesota Statutes 2024, section 245.462, subdivision 20, is amended to read:
(a) "Mental illness" means an organic disorder of the brain or
a clinically significant disorder of thought, mood, perception, orientation, memory, or
behavior that is detailed in a diagnostic codes list published by the commissioner, and that
seriously limits a person's capacity to function in primary aspects of daily living such as
personal relations, living arrangements, work, and recreation.
(b) An "adult with acute mental illness" means an adult who has a mental illness that is
serious enough to require prompt intervention.
(c) For purposes of new text begin enrolling in new text end case management and community support services, a
"person with serious and persistent mental illness" means an adult who has a mental illness
and meets at least one of the following criteria:
(1) the adult has undergone deleted text begin twodeleted text end new text begin onenew text end or more episodes of inpatientnew text begin , residential, or crisis
residentialnew text end care for a mental illness within the preceding deleted text begin 24deleted text end new text begin 12new text end months;
(2) the adult has experienced a continuous psychiatric hospitalization or residential
treatment exceeding six months' duration within the preceding 12 months;
(3) the adult has been treated by a crisis team two or more times within the preceding
24 months;
(4) the adult:
(i) has a diagnosis of schizophrenia, bipolar disorder, major depression, schizoaffective
disorder, new text begin post-traumatic stress disorder, new text end or borderline personality disorder;
(ii) indicates a significant impairment in functioning; and
(iii) has a written opinion from a mental health professional, in the last three years,
stating that the adult is reasonably likely to have future episodes requiring inpatient or
residential treatment, of a frequency described in clause (1) or (2), new text begin or the need for in-home
services to remain in one's home, new text end unless ongoing case management or community support
services are provided;
(5) the adult has, in the last deleted text begin threedeleted text end new text begin five new text end years, been committed by a court as a person deleted text begin who
is mentally illdeleted text end new text begin with a mental illnessnew text end under chapter 253B, or the adult's commitment has been
stayed or continued;new text begin or
new text end
deleted text begin
(6) the adult (i) was eligible under clauses (1) to (5), but the specified time period has
expired or the adult was eligible as a child under section 245.4871, subdivision 6; and (ii)
has a written opinion from a mental health professional, in the last three years, stating that
the adult is reasonably likely to have future episodes requiring inpatient or residential
treatment, of a frequency described in clause (1) or (2), unless ongoing case management
or community support services are provided; or
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end the adult was eligible as a child under section 245.4871, subdivision 6, and is
age 21 or younger.
new text begin
(d) For purposes of enrolling in case management and community support services, a
"person with a complex post-traumatic stress disorder" or "person with a C-PTSD" means
an adult who has a mental illness and meets the following criteria:
new text end
new text begin
(1) the adult has post-traumatic stress disorder (PTSD) symptoms that significantly
interfere with daily functioning related to intergenerational trauma, racial trauma, or
unresolved historical grief; and
new text end
new text begin
(2) the adult has a written opinion from a mental health professional that includes
documentation of:
new text end
new text begin
(i) culturally sensitive assessments or screenings and identification of intergenerational
trauma, racial trauma, or unresolved historical grief;
new text end
new text begin
(ii) significant impairment in functioning due to the PTSD symptoms that meet C-PTSD
condition eligibility; and
new text end
new text begin
(iii) increasing concerns within the last three years that indicate there is a reasonable
likelihood the adult will experience significant episodes of PTSD with increased frequency,
impacting daily functioning, unless mitigated by targeted case management or community
support services.
new text end
new text begin
(e) Adults may continue to receive case management or community support services if,
in the written opinion of a mental health professional, the person needs case management
or community support services to maintain the person's recovery.
new text end
new text begin
Paragraph (d) is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245.4661, subdivision 2, is amended to read:
Adult mental health initiatives shall
be responsible for designing, planning, improving, and maintaining a mental health service
delivery system for adults with serious and persistent mental illness that would:
(1) provide an expanded array of services from which clients can choose services
appropriate to their needs;
(2) be based on purchasing strategies that improve access and coordinate services without
cost shifting;
(3) prioritize evidence-based services and implement services that are promising practices
or theory-based practices so that the service can be evaluated according to subdivision 5a;
(4) incorporate existing state facilities and resources into the community mental health
infrastructure through creative partnerships with local vendors; and
(5) utilize deleted text begin existing categorical funding streams and reimbursement sources in combined
and creative ways, exceptdeleted text end new text begin adult mental health initiative funding only after all other eligible
funding sources have been applied.new text end Appropriations and all funds that are attributable to the
operation of state-operated services under the control of the Direct Care and Treatment
executive board are excluded unless appropriated specifically by the legislature for a purpose
consistent with this section.
Minnesota Statutes 2024, section 245.4661, subdivision 6, is amended to read:
(a) For purposes of adult mental health initiatives,
the commissioner shall facilitate integration of funds or other resources as needed and
requested by each adult mental health initiative. These resources may include:
(1) community support services funds administered under Minnesota Rules, parts
9535.1700 to 9535.1760;
(2) other mental health special project funds;
(3) medical assistance, MinnesotaCare, and housing support under chapter 256I if
requested by the adult mental health initiative's managing entity and if the commissioner
determines this would be consistent with the state's overall health care reform efforts; and
(4) regional treatment center resources, with consent from the Direct Care and Treatment
executive board.
deleted text begin
(b) The commissioner shall consider the following criteria in awarding grants for adult
mental health initiatives:
deleted text end
deleted text begin
(1) the ability of the initiatives to accomplish the objectives described in subdivision 2;
deleted text end
deleted text begin
(2) the size of the target population to be served; and
deleted text end
deleted text begin
(3) geographical distribution.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall review overall status of the initiatives at least every two
years and recommend any legislative changes needed by January 15 of each odd-numbered
year.
deleted text begin (d)deleted text end new text begin (c)new text end The commissioner may waive administrative rule requirements that are
incompatible with the implementation of the adult mental health initiative.
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may exempt the participating counties from fiscal sanctions
for noncompliance with requirements in laws and rules that are incompatible with the
implementation of the adult mental health initiative.
deleted text begin (f)deleted text end new text begin (e)new text end The commissioner may award grants to an entity designated by a county board
or group of county boards to pay for start-up and implementation costs of the adult mental
health initiative.
Minnesota Statutes 2024, section 245.4661, subdivision 7, is amended to read:
The adult mental health
initiative board, or other entity which is approved to administer an adult mental health
initiative, shall:
(1) administer the initiative in a manner that is consistent with the objectives described
in subdivision 2 and the planning process described in subdivision 5;
(2) assure that no one is denied services that they would otherwise be eligible for; and
(3) provide the commissioner of human services with timely and pertinent information
through deleted text begin the following methods:
deleted text end
deleted text begin
(i) submission of mental health plans and plan amendments which are based on a format
and timetable determined by the commissioner;
deleted text end
deleted text begin
(ii) submission of social services expenditure and grant reconciliation reports, based on
a coding format to be determined by mutual agreement between the initiative's managing
entity and the commissioner; and
deleted text end
deleted text begin (iii)deleted text end submission of data and participation in an evaluation of the adult mental health
initiatives, to be designed cooperatively by the commissioner and the initiatives.new text begin For services
provided to American Indians in Tribal nations or urban Indian communities, oral reports
using a system designed in partnership between the commissioner and the reporting
community satisfy the requirements of this clause.
new text end
Minnesota Statutes 2024, section 245.467, subdivision 4, is amended to read:
Each provider of emergency services, day
treatment services, outpatient treatment, community support services, residential treatment,
acute care hospital inpatient treatment, or regional treatment center inpatient treatment must
inform each of its clients with serious and persistent mental illness new text begin or a complex
post-traumatic stress disorder new text end of the availability and potential benefits to the client of case
management. If the client consents, the provider must refer the client by notifying the county
employee designated by the county board to coordinate case management activities of the
client's name and address and by informing the client of whom to contact to request case
management. The provider must document compliance with this subdivision in the client's
record.
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245.4711, subdivision 1, is amended to read:
(a) deleted text begin By January 1, 1989,deleted text end The
county board shall provide case management services for all adults with serious and persistent
mental illness new text begin or a complex post-traumatic stress disorder new text end who are residents of the county
and who request or consent to the services and to each adult for whom the court appoints a
case manager. Staffing ratios must be sufficient to serve the needs of the clients. The case
manager must meet the requirements in section 245.462, subdivision 4.
(b) Case management services provided to adults with serious and persistent mental
illnessnew text begin or a complex post-traumatic stress disordernew text end eligible for medical assistance must be
billed to the medical assistance program under sections 256B.02, subdivision 8, and
256B.0625.
(c) Case management services are eligible for reimbursement under the medical assistance
program. Costs associated with mentoring, supervision, and continuing education may be
included in the reimbursement rate methodology used for case management services under
the medical assistance program.
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245.4711, subdivision 4, is amended to read:
(a) The case manager must develop an
individual community support plan for each adult that incorporates the client's individual
treatment plan. The individual treatment plan may not be a substitute for the development
of an individual community support plan. The individual community support plan must be
developed within 30 days of client intake and reviewed at least every 180 days after it is
developed, unless the case manager receives a written request from the client or the client's
family for a review of the plan every 90 days after it is developed. The case manager is
responsible for developing the individual community support plan based on a diagnostic
assessment and a functional assessment and for implementing and monitoring the delivery
of services according to the individual community support plan. To the extent possible, the
adult with serious and persistent mental illnessnew text begin or a complex post-traumatic stress disordernew text end ,
the person's family, advocates, service providers, and significant others must be involved
in all phases of development and implementation of the individual community support plan.
(b) The client's individual community support plan must state:
(1) the goals of each service;
(2) the activities for accomplishing each goal;
(3) a schedule for each activity; and
(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual community support plan.
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245.4712, subdivision 1, is amended to read:
(a) County boards must
provide or contract for sufficient community support services within the county to meet the
needs of adults with serious and persistent mental illness new text begin or a complex post-traumatic stress
disorder new text end who are residents of the county. Adults may be required to pay a fee according to
section 245.481. The community support services program must be designed to improve
the ability of adults with serious and persistent mental illnessnew text begin or a complex post-traumatic
stress disordernew text end to:
(1) find and maintain competitive employment;
(2) handle basic activities of daily living;
(3) participate in leisure time activities;
(4) set goals and plans; and
(5) obtain and maintain appropriate living arrangements.
The community support services program must also be designed to reduce the need for
and use of more intensive, costly, or restrictive placements both in number of admissions
and length of stay.
(b) Community support services are those services that are supportive in nature and not
necessarily treatment oriented, and include:
(1) conducting outreach activities such as home visits, health and wellness checks, and
problem solving;
(2) connecting people to resources to meet their basic needs;
(3) finding, securing, and supporting people in their housing;
(4) attaining and maintaining health insurance benefits;
(5) assisting with job applications, finding and maintaining employment, and securing
a stable financial situation;
(6) fostering social support, including support groups, mentoring, peer support, and other
efforts to prevent isolation and promote recovery; and
(7) educating about mental illness, treatment, and recovery.
(c) Community support services shall use all available funding streams. The county shall
maintain the level of expenditures for this program, as required under section 245.4835.
County boards must continue to provide funds for those services not covered by other
funding streams and to maintain an infrastructure to carry out these services. The county is
encouraged to fund evidence-based practices such as Individual Placement and Supported
Employment and Illness Management and Recovery.
(d) The commissioner shall collect data on community support services programs,
including, but not limited to, demographic information such as age, sex, race, the number
of people served, and information related to housing, employment, hospitalization, symptoms,
and satisfaction with services.
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245.4712, subdivision 3, is amended to read:
The county board must offer to help adults with serious
and persistent mental illnessnew text begin or a complex post-traumatic stress disordernew text end in applying for
state and federal benefits, including Supplemental Security Income, medical assistance,
Medicare, general assistance, and Minnesota supplemental aid. The help must be offered
as part of the community support program available to adults with serious and persistent
mental illnessnew text begin or a complex post-traumatic stress disordernew text end for whom the county is financially
responsible and who may qualify for these benefits.
Minnesota Statutes 2024, section 245.4871, subdivision 5, is amended to read:
"Child" means a person under 18 years of agenew text begin , or a person 18 years of
age or older and under 21 years of age receiving continuous children's mental health targeted
case management services under section 245.4881new text end .
Minnesota Statutes 2024, section 245.735, subdivision 3, is amended to read:
(a) The commissioner shall
establish state certification and recertification processes for certified community behavioral
health clinics (CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified
under this section to be eligible for reimbursement under medical assistance, without service
area limits based on geographic area or region. The commissioner shall consult with CCBHC
stakeholders before establishing and implementing changes in the certification or
recertification process and requirements. Any changes to the certification or recertification
process or requirements must be consistent with the most recently issued Certified
Community Behavioral Health Clinic Certification Criteria published by the Substance
Abuse and Mental Health Services Administration. The commissioner must allow a transition
period for CCBHCs to meet the revised criteria on or before January 1, 2025. The
commissioner is authorized to amend the state's Medicaid state plan or the terms of the
demonstration to comply with federal requirements.
(b) As part of the state CCBHC certification and recertification processes, the
commissioner shall provide to entities applying for certification or requesting recertification
the standard requirements of the community needs assessment and the staffing plan that are
consistent with the most recently issued Certified Community Behavioral Health Clinic
Certification Criteria published by the Substance Abuse and Mental Health Services
Administration.
(c) The commissioner shall schedule a certification review that includes a site visit within
90 calendar days of receipt of an application for certification or recertification.
(d) Entities that choose to be CCBHCs must:
(1) complete a community needs assessment and complete a staffing plan that is
responsive to the needs identified in the community needs assessment and update both the
community needs assessment and the staffing plan no less frequently than every 36 months;
(2) comply with state licensing requirements and other requirements issued by the
commissioner;
(3) employ or contract with a medical director. A medical director must be a physician
licensed under chapter 147 and either certified by the American Board of Psychiatry and
Neurology, certified by the American Osteopathic Board of Neurology and Psychiatry, or
eligible for board certification in psychiatry. A registered nurse who is licensed under
sections 148.171 to 148.285 and is certified as a nurse practitioner in adult or family
psychiatric and mental health nursing by a national nurse certification organization may
serve as the medical director when a CCBHC is unable to employ or contract a qualified
physician;
(4) employ or contract for clinic staff who have backgrounds in diverse disciplines,
including licensed mental health professionals and licensed alcohol and drug counselors,
and staff who are culturally and linguistically trained to meet the needs of the population
the clinic serves;
(5) ensure that clinic services are available and accessible to individuals and families of
all ages and genders with access on evenings and weekends and that crisis management
services are available 24 hours per day;
(6) establish fees for clinic services for individuals who are not enrolled in medical
assistance using a sliding fee scale that ensures that services to patients are not denied or
limited due to an individual's inability to pay for services;
(7) comply with quality assurance reporting requirements and other reporting
requirements included in the most recently issued Certified Community Behavioral Health
Clinic Certification Criteria published by the Substance Abuse and Mental Health Services
Administration;
(8) provide crisis mental health and substance use services, withdrawal management
services, emergency crisis intervention services, and stabilization services through existing
mobile crisis services; screening, assessment, and diagnosis services, including risk
assessments and level of care determinations; person- and family-centered treatment planning;
outpatient mental health and substance use services; targeted case management; psychiatric
rehabilitation services; peer support and counselor services and family support services;
and intensive community-based mental health services, including mental health services
for members of the armed forces and veterans. CCBHCs must directly provide the majority
of these services to enrollees, but may coordinate some services with another entity through
a collaboration or agreement, pursuant to subdivision 3a;
(9) provide coordination of care across settings and providers to ensure seamless
transitions for individuals being served across the full spectrum of health services, including
acute, chronic, and behavioral needs;
(10) be certified as a mental health clinic under section 245I.20;
(11) comply with standards established by the commissioner relating to CCBHC
screenings, assessments, and evaluations that are consistent with this section;
(12) be licensed to provide substance use disorder treatment under chapter 245G;
(13) be certified to provide children's therapeutic services and supports under section
256B.0943;
(14) be certified to provide adult rehabilitative mental health services under section
256B.0623;
(15) be enrolled to provide mental health crisis response services under section
256B.0624;
(16) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;
(17) provide services that comply with the evidence-based practices described in
subdivision 3d;
(18) provide peer services as defined in sections 256B.0615, 256B.0616, and 245G.07,
subdivision deleted text begin 2deleted text end new text begin 2a, paragraph (b)new text end , clause deleted text begin (8)deleted text end new text begin (2)new text end , as applicable when peer services are provided;
and
(19) inform all clients upon initiation of care of the full array of services available under
the CCBHC model.
Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
"Facility" or "program" means a nonresidential or
residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
facility, or program that provides services or treatment for mental illness, developmental
disability, substance use disorder, or emotional disturbance that is required to be licensed,
certified, or registered by the commissioner of human services, health, or education; a deleted text begin sober
homedeleted text end new text begin recovery residencenew text end as defined in section 254B.01, subdivision 11; peer recovery
support services provided by a recovery community organization as defined in section
254B.01, subdivision 8; and an acute care inpatient facility that provides services or treatment
for mental illness, developmental disability, substance use disorder, or emotional disturbance.
new text begin
This section is effective January 1, 2027.
new text end
Minnesota Statutes 2024, section 245F.08, subdivision 3, is amended to read:
Peer recovery support services must meet the
requirements in section 245G.07, subdivision deleted text begin 2deleted text end new text begin 2a, paragraph (b)new text end , clause deleted text begin (8)deleted text end new text begin (2)new text end , and must
be provided by a person who is qualified according to the requirements in section 245F.15,
subdivision 7.
Minnesota Statutes 2024, section 245G.01, subdivision 13b, is amended to read:
"Guest speaker" means an individual who is not an alcohol
and drug counselor qualified according to section 245G.11, subdivision 5; is not qualified
according to the commissioner's list of professionals under section 245G.07, subdivision 3new text begin ,
clause (1)new text end ; and who works under the direct observation of an alcohol and drug counselor to
present to clients on topics in which the guest speaker has expertise and that the license
holder has determined to be beneficial to a client's recovery. Tribally licensed programs
have autonomy to identify the qualifications of their guest speakers.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
to read:
new text begin
"Individual counseling" means professionally led
psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one
setting or in a setting with the client and the client's family and other natural supports.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
to read:
new text begin
"Psychoeducation" means the services described in section
245G.07, subdivision 1a, clause (2).
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
to read:
new text begin
"Psychosocial treatment services" means
the services described in section 245G.07, subdivision 1a.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
to read:
new text begin
"Recovery support services" means the services
described in section 245G.07, subdivision 2a, paragraph (b), clause (1).
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.01, is amended by adding a subdivision
to read:
new text begin
"Treatment coordination" means the services
described in section 245G.07, subdivision 1b.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.02, subdivision 2, is amended to read:
This chapter does not apply to a county
or recovery community organization that is providing a service for which the county or
recovery community organization is an eligible vendor under section 254B.05. This chapter
does not apply to an organization whose primary functions are information, referral,
diagnosis, case management, and assessment for the purposes of client placement, education,
support group services, or self-help programs. This chapter does not apply to the activities
of a licensed professional in private practice. A license holder providing the initial set of
substance use disorder services allowable under section 254A.03, subdivision 3, paragraph
(c), to an individual referred to a licensed nonresidential substance use disorder treatment
program after a positive screen for alcohol or substance misuse is exempt from sections
245G.05; 245G.06, subdivisions 1, 1a, and 4; 245G.07, deleted text begin subdivisions 1deleted text end deleted text begin , paragraph (a), clauses
(2) to (4), and 2, clauses (1) to (7)deleted text end new text begin subdivision 1a, clause (2)new text end ; and 245G.17.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, subdivision 1, is amended to read:
(a) A licensed deleted text begin residentialdeleted text end treatment program must
offer the treatment services in deleted text begin clauses (1) to (5)deleted text end new text begin subdivisions 1a and 1b and may offer the
treatment services in subdivision 2new text end to each client, unless clinically inappropriate and the
justifying clinical rationale is documented. deleted text begin A nonresidentialdeleted text end new text begin Thenew text end treatment program must
deleted text begin offer all treatment services in clauses (1) to (5) anddeleted text end document in the individual treatment
plan the specific services for which a client has an assessed need and the plan to provide
the servicesdeleted text begin :deleted text end new text begin .
new text end
deleted text begin
(1) individual and group counseling to help the client identify and address needs related
to substance use and develop strategies to avoid harmful substance use after discharge and
to help the client obtain the services necessary to establish a lifestyle free of the harmful
effects of substance use disorder;
deleted text end
deleted text begin
(2) client education strategies to avoid inappropriate substance use and health problems
related to substance use and the necessary lifestyle changes to regain and maintain health.
Client education must include information on tuberculosis education on a form approved
by the commissioner, the human immunodeficiency virus according to section 245A.19,
other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis;
deleted text end
deleted text begin
(3) a service to help the client integrate gains made during treatment into daily living
and to reduce the client's reliance on a staff member for support;
deleted text end
deleted text begin
(4) a service to address issues related to co-occurring disorders, including client education
on symptoms of mental illness, the possibility of comorbidity, and the need for continued
medication compliance while recovering from substance use disorder. A group must address
co-occurring disorders, as needed. When treatment for mental health problems is indicated,
the treatment must be integrated into the client's individual treatment plan; and
deleted text end
deleted text begin
(5) treatment coordination provided one-to-one by an individual who meets the staff
qualifications in section 245G.11, subdivision 7. Treatment coordination services include:
deleted text end
deleted text begin
(i) assistance in coordination with significant others to help in the treatment planning
process whenever possible;
deleted text end
deleted text begin
(ii) assistance in coordination with and follow up for medical services as identified in
the treatment plan;
deleted text end
deleted text begin
(iii) facilitation of referrals to substance use disorder services as indicated by a client's
medical provider, comprehensive assessment, or treatment plan;
deleted text end
deleted text begin
(iv) facilitation of referrals to mental health services as identified by a client's
comprehensive assessment or treatment plan;
deleted text end
deleted text begin
(v) assistance with referrals to economic assistance, social services, housing resources,
and prenatal care according to the client's needs;
deleted text end
deleted text begin
(vi) life skills advocacy and support accessing treatment follow-up, disease management,
and education services, including referral and linkages to long-term services and supports
as needed; and
deleted text end
deleted text begin
(vii) documentation of the provision of treatment coordination services in the client's
file.
deleted text end
(b) A treatment service provided to a client must be provided according to the individual
treatment plan and must consider cultural differences and special needs of a client.
new text begin
(c) A supportive service alone does not constitute a treatment service. Supportive services
include:
new text end
new text begin
(1) milieu management or supervising or monitoring clients without also providing a
treatment service identified in subdivision 1a, 1b, or 2a;
new text end
new text begin
(2) transporting clients;
new text end
new text begin
(3) waiting with clients for appointments at social service agencies, court hearings, and
similar activities; and
new text end
new text begin
(4) collecting urinalysis samples.
new text end
new text begin
(d) A treatment service provided in a group setting must be provided in a cohesive
manner and setting that allows every client receiving the service to interact and receive the
same service at the same time.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
to read:
new text begin
Psychosocial treatment services must be
provided according to the hours identified in section 254B.19 for the ASAM level of care
provided to the client. A license holder must provide the following psychosocial treatment
services as a part of the client's individual treatment:
new text end
new text begin
(1) counseling services that provide a client with professional assistance in managing
substance use disorder and co-occurring conditions, either individually or in a group setting.
Counseling must:
new text end
new text begin
(i) use evidence-based techniques to help a client modify behavior, overcome obstacles,
and achieve and sustain recovery through techniques such as active listening, guidance,
discussion, feedback, and clarification;
new text end
new text begin
(ii) help the client to identify and address needs related to substance use, develop
strategies to avoid harmful substance use, and establish a lifestyle free of the harmful effects
of substance use disorder; and
new text end
new text begin
(iii) work to improve well-being and mental health, resolve or mitigate symptomatic
behaviors, beliefs, compulsions, thoughts, and emotions, and enhance relationships and
social skills, while addressing client-centered psychological and emotional needs; and
new text end
new text begin
(2) psychoeducation services to provide a client with information about substance use
and co-occurring conditions, either individually or in a group setting. Psychoeducation
includes structured presentations, interactive discussions, and practical exercises to help
clients understand and manage their conditions effectively. Topics include but are not limited
to:
new text end
new text begin
(i) the causes of substance use disorder and co-occurring disorders;
new text end
new text begin
(ii) behavioral techniques that help a client change behaviors, thoughts, and feelings;
new text end
new text begin
(iii) the importance of maintaining mental health, including understanding symptoms
of mental illness;
new text end
new text begin
(iv) medications for addiction and psychiatric disorders and the importance of medication
adherence;
new text end
new text begin
(v) the importance of maintaining physical health, health-related risk factors associated
with substance use disorder, and specific health education on tuberculosis, HIV, other
sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis; and
new text end
new text begin
(vi) harm-reduction strategies.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
to read:
new text begin
(a) Treatment coordination must be provided to a
single client by an individual who meets the staff qualifications in section 245G.11,
subdivision 7. Treatment coordination services include:
new text end
new text begin
(1) coordinating directly with others involved in the client's treatment and recovery,
including the referral source, family or natural supports, social services agencies, and external
care providers;
new text end
new text begin
(2) providing clients with training and facilitating connections to community resources
that support recovery;
new text end
new text begin
(3) assisting clients in obtaining necessary resources and services such as financial
assistance, housing, food, clothing, medical care, education, harm reduction services,
vocational support, and recreational services that promote recovery;
new text end
new text begin
(4) assisting clients in navigating economic assistance and Minnesota health care
programs under chapters 256B and 256L;
new text end
new text begin
(5) helping clients connect and engage with self-help support groups and expand social
support networks with family, friends, and organizations; and
new text end
new text begin
(6) assisting clients in transitioning between levels of care, including providing direct
connections to ensure continuity of care.
new text end
new text begin
(b) Treatment coordination does not include coordinating services or communicating
with staff members within the licensed program.
new text end
new text begin
(c) Treatment coordination may be provided in a setting with the individual client and
others involved in the client's treatment and recovery.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, is amended by adding a subdivision
to read:
new text begin
(a) A license holder may provide ancillary
services in addition to the hours of psychosocial treatment services identified in section
254B.19 for the ASAM level of care provided to the client.
new text end
new text begin
(b) A license holder may provide the following ancillary treatment services as a part of
the client's individual treatment:
new text end
new text begin
(1) recovery support services provided individually or in a group setting, that include:
new text end
new text begin
(i) supporting clients in restoring daily living skills, such as health and health care
navigation and self-care to enhance personal well-being;
new text end
new text begin
(ii) providing resources and assistance to help clients restore life skills, including effective
parenting, financial management, pro-social behavior, education, employment, and nutrition;
new text end
new text begin
(iii) assisting clients in restoring daily functioning and routines affected by substance
use and supporting them in developing skills for successful community integration; and
new text end
new text begin
(iv) helping clients respond to or avoid triggers that threaten their community stability,
assisting the client in identifying potential crises and developing a plan to address them,
and providing support to restore the client's stability and functioning; and
new text end
new text begin
(2) peer recovery support services provided according to sections 254B.05, subdivision
5, and 254B.052.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, subdivision 3, is amended to read:
new text begin (a) new text end All treatment servicesdeleted text begin , except
peer recovery support services and treatment coordination,deleted text end must be provided by an deleted text begin alcohol
and drug counselor qualified according to section 245G.11, subdivision 5, unless thedeleted text end
individual deleted text begin providing the service isdeleted text end specifically qualified according to the accepted credential
required to provide the service. deleted text begin The commissioner shall maintain a current list of
professionals qualified to provide treatment services.
deleted text end
new text begin
(b) Psychosocial treatment services must be provided by an alcohol and drug counselor
qualified according to section 245G.11, subdivision 5, unless the individual providing the
service is specifically qualified according to the accepted credential required to provide the
service. The commissioner shall maintain a current list of professionals qualified to provide
psychosocial treatment services.
new text end
new text begin
(c) Treatment coordination must be provided by a treatment coordinator qualified
according to section 245G.11, subdivision 7.
new text end
new text begin
(d) Recovery support services must be provided by a behavioral health practitioner
qualified according to section 245G.11, subdivision 12.
new text end
new text begin
(e) Peer recovery support services must be provided by a recovery peer qualified
according to section 245I.04, subdivision 18.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.07, subdivision 4, is amended to read:
(a) The license holder must provide all treatment
services a client receives at one of the license holder's substance use disorder treatment
licensed locations or at a location allowed under paragraphs (b) to (f). If the services are
provided at the locations in paragraphs (b) to (d), the license holder must document in the
client record the location services were provided.
(b) The license holder may provide nonresidential individual treatment services at a
client's home or place of residence.
(c) If the license holder provides treatment services by telehealth, the services must be
provided according to this paragraph:
(1) the license holder must maintain a licensed physical location in Minnesota where
the license holder must offer all treatment services in subdivision deleted text begin 1, paragraph (a), clauses
(1) to (4),deleted text end new text begin 1anew text end physically in-person to each client;
(2) the license holder must meet all requirements for the provision of telehealth in sections
254B.05, subdivision 5, paragraph (f), and 256B.0625, subdivision 3b. The license holder
must document all items in section 256B.0625, subdivision 3b, paragraph (c), for each client
receiving services by telehealth, regardless of payment type or whether the client is a medical
assistance enrollee;
(3) the license holder may provide treatment services by telehealth to clients individually;
(4) the license holder may provide treatment services by telehealth to a group of clients
that are each in a separate physical location;
(5) the license holder must not provide treatment services remotely by telehealth to a
group of clients meeting together in person, unless permitted under clause (7);
(6) clients and staff may join an in-person group by telehealth if a staff member qualified
to provide the treatment service is physically present with the group of clients meeting
together in person; and
(7) the qualified professional providing a residential group treatment service by telehealth
must be physically present on-site at the licensed residential location while the service is
being provided. If weather conditions or short-term illness prohibit a qualified professional
from traveling to the residential program and another qualified professional is not available
to provide the service, a qualified professional may provide a residential group treatment
service by telehealth from a location away from the licensed residential location. In such
circumstances, the license holder must ensure that a qualified professional does not provide
a residential group treatment service by telehealth from a location away from the licensed
residential location for more than one day at a time, must ensure that a staff person who
qualifies as a paraprofessional is physically present with the group of clients, and must
document the reason for providing the remote telehealth service in the records of clients
receiving the service. The license holder must document the dates that residential group
treatment services were provided by telehealth from a location away from the licensed
residential location in a central log and must provide the log to the commissioner upon
request.
(d) The license holder may provide the deleted text begin additionaldeleted text end new text begin ancillarynew text end treatment services under
subdivision deleted text begin 2, clauses (2) to (6) and (8),deleted text end new text begin 2anew text end away from the licensed location at a suitable
location appropriate to the treatment service.
(e) Upon written approval from the commissioner for each satellite location, the license
holder may provide nonresidential treatment services at satellite locations that are in a
school, jail, or nursing home. A satellite location may only provide services to students of
the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing
homes are exempt from the licensing requirements in section 245A.04, subdivision 2a, to
document compliance with building codes, fire and safety codes, health rules, and zoning
ordinances.
(f) The commissioner may approve other suitable locations as satellite locations for
nonresidential treatment services. The commissioner may require satellite locations under
this paragraph to meet all applicable licensing requirements. The license holder may not
have more than two satellite locations per license under this paragraph.
(g) The license holder must provide the commissioner access to all files, documentation,
staff persons, and any other information the commissioner requires at the main licensed
location for all clients served at any location under paragraphs (b) to (f).
(h) Notwithstanding sections 245A.65, subdivision 2, and 626.557, subdivision 14, a
program abuse prevention plan is not required for satellite or other locations under paragraphs
(b) to (e). An individual abuse prevention plan is still required for any client that is a
vulnerable adult as defined in section 626.5572, subdivision 21.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.11, subdivision 6, is amended to read:
A paraprofessional must have knowledge of client rights,
according to section 148F.165, and staff member responsibilities. A paraprofessional may
notnew text begin make decisions tonew text end admit, transfer, or discharge a client but maynew text begin perform tasks related
to intake and orientation. A paraprofessional maynew text end benew text begin thenew text end responsible deleted text begin for the delivery of
treatment servicedeleted text end new text begin staff membernew text end according to section 245G.10, subdivision 3.new text begin A
paraprofessional must not provide a treatment service unless qualified to do so according
to section 245G.07, subdivision 3.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.11, is amended by adding a subdivision
to read:
new text begin
(a) A behavioral health practitioner must
meet the qualifications in section 245I.04, subdivision 4.
new text end
new text begin
(b) A behavioral health practitioner working within a substance use disorder treatment
program licensed under this chapter has the following scope of practice:
new text end
new text begin
(1) a behavioral health practitioner may provide clients with recovery support services,
as defined in section 245G.07, subdivision 2a, paragraph (b), clause (1); and
new text end
new text begin
(2) a behavioral health practitioner must not provide treatment supervision to other staff
persons.
new text end
new text begin
(c) A behavioral health practitioner working within a substance use disorder treatment
program licensed under this chapter must receive at least one hour of supervision per month
on individual service delivery from an alcohol and drug counselor or a mental health
professional who has substance use treatment and assessments within the scope of their
practice.
new text end
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.22, subdivision 11, is amended to read:
An opioid treatment program must have a waiting list system.
If the person seeking admission cannot be admitted within 14 days of the date of application,
each person seeking admission must be placed on the waiting list, unless the person seeking
admission is assessed by the program and found ineligible for admission according to this
chapter and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12 (e),
and title 45, parts 160 to 164. The waiting list must assign a unique client identifier for each
person seeking treatment while awaiting admission. A person seeking admission on a waiting
list who receives no services under section 245G.07, subdivision deleted text begin 1deleted text end new text begin 1a or 1bnew text end , must not be
considered a client as defined in section 245G.01, subdivision 9.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
(a) The program must
offer at least deleted text begin 50 consecutive minutesdeleted text end new text begin four unitsnew text end of individual or group therapy treatment
services as defined in section 245G.07, subdivision deleted text begin 1deleted text end deleted text begin , paragraph (a)deleted text end new text begin 1anew text end , clause (1), per week,
for the first ten weeks following the day of service initiation, and at least deleted text begin 50 consecutive
minutesdeleted text end new text begin four unitsnew text end per month thereafter. deleted text begin As clinically appropriate, the program may offer
these services deleted text end deleted text begin cumulatively and not consecutively in increments of no less than 15 minutes
over the required deleted text end deleted text begin time period, and for a total of 60 minutes of treatment services over the
time period, and deleted text end deleted text begin must document the reason for providing services cumulatively in the client's
record.deleted text end The program may offer additional levels of service when deemed clinically necessary.
(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
the assessment must be completed within 21 days from the day of service initiation.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 254A.19, subdivision 4, is amended to read:
For the purposes of determining level of care, a
comprehensive assessment does not need to be completed for an individual being committed
as a chemically dependent person, as defined in section 253B.02, and for the duration of a
civil commitment under section 253B.09 or 253B.095 in order for deleted text begin a countydeleted text end new text begin the individualnew text end
to deleted text begin accessdeleted text end new text begin be eligible fornew text end the behavioral health fund under section 254B.04. The deleted text begin countydeleted text end new text begin
commissionernew text end must determine if the individual meets the financial eligibility requirements
for the behavioral health fund under section 254B.04.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.01, subdivision 10, is amended to read:
"deleted text begin Skilleddeleted text end new text begin Psychosocialnew text end treatment
services" includes the treatment services described in section 245G.07, deleted text begin subdivisions 1,
paragraph (a), clauses (1) to (4), and 2, clauses (1) to (6). Skilleddeleted text end new text begin subdivision 1a. Psychosocialnew text end
treatment services must be provided by qualified professionals as identified in section
245G.07, subdivision 3new text begin , paragraph (b)new text end .
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 254B.01, subdivision 11, is amended to read:
A deleted text begin sober homedeleted text end new text begin recovery residencenew text end is a
cooperative living residence, a room and board residence, an apartment, or any other living
accommodation that:
(1) provides temporary housing to persons with substance use disorders;
(2) stipulates that residents must abstain from using alcohol or other illicit drugs or
substances not prescribed by a physician;
(3) charges a fee for living there;
(4) does not provide counseling or treatment services to residents;
(5) promotes sustained recovery from substance use disorders; and
(6) follows the sober living guidelines published by the federal Substance Abuse and
Mental Health Services Administration.
new text begin
This section is effective January 1, 2027.
new text end
Minnesota Statutes 2024, section 254B.02, subdivision 5, is amended to read:
The commissioner may make payments to
deleted text begin local agenciesdeleted text end new text begin Tribal Nation servicing agenciesnew text end from money allocated under this section to
support individuals with substance use disordersnew text begin and determine eligibility for behavioral
health fund paymentsnew text end . The payment must not be less than 133 percent of the deleted text begin local agencydeleted text end new text begin
Tribal Nationsnew text end payment for the fiscal year ending June 30, 2009, adjusted in proportion to
the statewide change in the appropriation for this chapter.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.03, subdivision 1, is amended to read:
(a) deleted text begin Every
local agencydeleted text end new text begin The commissioner of human services or Tribal Nation servicing agenciesnew text end must
determine financial eligibility for substance use disorder services and provide substance
use disorder services to persons residing within its jurisdiction who meet criteria established
by the commissioner. Substance use disorder money must be administered by the local
agencies according to law and rules adopted by the commissioner under sections 14.001 to
14.69.
(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of substance use disorder services who can provide economical and appropriate
treatment. deleted text begin Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05.deleted text end The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.
(c) An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.
deleted text begin
(d) Beginning July 1, 2022, local agencies shall not make placement location
determinations.
deleted text end
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.03, subdivision 3, is amended to read:
deleted text begin Local agenciesdeleted text end new text begin
Countiesnew text end shall pay the state for the county share of the services authorized by the deleted text begin local
agencydeleted text end new text begin commissionernew text end , except when the payment is made according to section 254B.09,
subdivision 8.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.03, subdivision 4, is amended to read:
(a) Except for services provided by a county under section
254B.09, subdivision 1, or services provided under section 256B.69, the county shall, out
of local money, pay the state for deleted text begin 22.95deleted text end new text begin 50new text end percent of the cost of substance use disorder
services, except for deleted text begin thosedeleted text end new text begin individuals living in carceral settings. The county shall pay the
state 22.95 percent of the cost of substance use disorder services for individuals in carceral
settings.new text end Services provided to persons enrolled in medical assistance under chapter 256B
and room and board services under section 254B.05, subdivision 5, paragraph (b)new text begin , are
exempted from county contributionsnew text end . Counties may use the indigent hospitalization levy
for treatment and hospital payments made under this section.
(b) deleted text begin 22.95deleted text end new text begin 50new text end percent of any state collections from private or third-party pay, less 15
percent for the cost of payment and collections, must be distributed to the county that paid
for a portion of the treatment under this section.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
(b) Persons with dependent children who are determined to be in need of substance use
disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
need of chemical dependency treatment pursuant to a case plan under section 260C.201,
subdivision 6, or 260C.212, shall be assisted by the deleted text begin local agencydeleted text end new text begin commissionernew text end to access
needed treatment services. Treatment services must be appropriate for the individual or
family, which may include long-term care treatment or treatment in a facility that allows
the dependent children to stay in the treatment facility. The county shall pay for out-of-home
placement costs, if applicable.
(c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
5, paragraph (b), clause (9).
(d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund when the client:
(1) is eligible for MFIP as determined under chapter 142G;
(2) is eligible for medical assistance as determined under Minnesota Rules, parts
9505.0010 to deleted text begin 9505.0150deleted text end new text begin 9505.140new text end ;
(3) is eligible for general assistance, general assistance medical care, or work readiness
as determined under Minnesota Rules, parts 9500.1200 to deleted text begin 9500.1318deleted text end new text begin 9500.1272new text end ; or
(4) has income that is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
(f) A client is ineligible to have substance use disorder treatment services paid for with
behavioral health fund money if the client:
(1) has an income that exceeds current household size and income guidelines for entitled
persons as defined in this subdivision and subdivision 7; or
(2) has an available third-party payment source that will pay the total cost of the client's
treatment.
(g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service that is paid for by the behavioral health fund until
the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
if the client:
(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
(2) is eligible according to paragraphs (a) and (b) and is determined eligible by deleted text begin a local
agencydeleted text end new text begin the commissionernew text end under section 254B.04.
(h) When a county commits a client under chapter 253B to a regional treatment center
for substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for the payment to the regional treatment center according to
section 254B.05, subdivision 4.
(i) Persons enrolled in MinnesotaCare are eligible for room and board services when
provided through intensive residential treatment services and residential crisis services under
section 256B.0622.
new text begin
(j) A person is eligible for one 60-consecutive-calendar-day period per year. A person
may submit a request for additional eligibility to the commissioner. A person denied
additional eligibility under this paragraph may request a state agency hearing under section
256.045.
new text end
new text begin
Paragraph (d) is effective July 1, 2025. Paragraphs (b), (g), and
(j) are effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.04, subdivision 5, is amended to read:
The deleted text begin local agencydeleted text end new text begin commissioner of human servicesnew text end may employ individuals to
conduct administrative activities and facilitate access to substance use disorder treatment
services.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.04, subdivision 6, is amended to read:
(a)
The deleted text begin local agencydeleted text end new text begin commissionernew text end shall determine a client's financial eligibility for the
behavioral health fund according to section 254B.04, subdivision 1a, with the income
calculated prospectively for one year from the date of request. The deleted text begin local agencydeleted text end new text begin commissionernew text end
shall pay for eligible clients according to chapter 256G. Client eligibility must be determined
using only forms prescribed by the commissioner deleted text begin unless the local agency has a reasonable
basis for believing that the information submitted on a form is falsedeleted text end . To determine a client's
eligibility, the deleted text begin local agencydeleted text end new text begin commissionernew text end must determine the client's income, the size of
the client's household, the availability of a third-party payment source, and a responsible
relative's ability to pay for the client's substance use disorder treatment.
(b) A client who is a minor child must not be deemed to have income available to pay
for substance use disorder treatment, unless the minor child is responsible for payment under
section 144.347 for substance use disorder treatment services sought under section 144.343,
subdivision 1.
(c) The deleted text begin local agencydeleted text end new text begin commissionernew text end must determine the client's household size as follows:
(1) if the client is a minor child, the household size includes the following persons living
in the same dwelling unit:
(i) the client;
(ii) the client's birth or adoptive parents; and
(iii) the client's siblings who are minors; and
(2) if the client is an adult, the household size includes the following persons living in
the same dwelling unit:
(i) the client;
(ii) the client's spouse;
(iii) the client's minor children; and
(iv) the client's spouse's minor children.
For purposes of this paragraph, household size includes a person listed in clauses (1) and
(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing
to the cost of care of the person in out-of-home placement.
(d) The deleted text begin local agencydeleted text end new text begin commissionernew text end must determine the client's current prepaid health
plan enrollment, the availability of a third-party payment source, including the availability
of total payment, partial payment, and amount of co-payment.
deleted text begin
(e) The local agency must provide the required eligibility information to the department
in the manner specified by the department.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end The deleted text begin local agencydeleted text end new text begin commissionernew text end shall require the client and policyholder to
conditionally assign to the department the client and policyholder's rights and the rights of
minor children to benefits or services provided to the client if the department is required to
collect from a third-party pay source.
deleted text begin (g)deleted text end new text begin (f)new text end The deleted text begin local agencydeleted text end new text begin commissionernew text end must deleted text begin redeterminedeleted text end new text begin determinenew text end a client's eligibility
for the behavioral health fund deleted text begin every 12 monthsdeleted text end new text begin for a 60-consecutive-calendar-day period
per calendar yearnew text end .
deleted text begin (h)deleted text end new text begin (g)new text end A client, responsible relative, and policyholder must provide income or wage
verification, household size verification, and must make an assignment of third-party payment
rights under paragraph deleted text begin (f)deleted text end new text begin (e)new text end . If a client, responsible relative, or policyholder does not
comply with the provisions of this subdivision, the client is ineligible for behavioral health
fund payment for substance use disorder treatment, and the client and responsible relative
must be obligated to pay for the full cost of substance use disorder treatment services
provided to the client.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.04, subdivision 6a, is amended to read:
The deleted text begin local agencydeleted text end new text begin commissionernew text end must enter the financial
eligibility span within five business days of a request. If the comprehensive assessment is
completed within the timelines required under chapter 245G, then the span of eligibility
must begin on the date services were initiated. If the comprehensive assessment is not
completed within the timelines required under chapter 245G, then the span of eligibility
must begin on the date the comprehensive assessment was completed.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
(a) Programs licensed by the
commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
programs that provide substance use disorder treatment, extended care, transitional residence,
or outpatient treatment services, and are licensed by tribal government are eligible vendors.
(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment provided according to section 254A.19, subdivision
3, and treatment services provided according to sections 245G.06 and 245G.07, deleted text begin subdivision
1deleted text end deleted text begin , paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).deleted text end new text begin subdivisions
1, 1a, and 1b.
new text end
(c) A county is an eligible vendor for a comprehensive assessment when provided by
an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
and completed according to the requirements of section 254A.19, subdivision 3. A county
is an eligible vendor of deleted text begin caredeleted text end new text begin treatmentnew text end coordination services when provided by an individual
who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
according to the requirements of section 245G.07, subdivision deleted text begin 1deleted text end deleted text begin , paragraph (a), clause (5)deleted text end new text begin
1bnew text end . A county is an eligible vendor of peer recovery services when the services are provided
by an individual who meets the requirements of section 245G.11, subdivision 8new text begin , and
according to section 254B.052new text end .
(d) A recovery community organization that meets the requirements of clauses (1) to
(14)new text begin , complies with the training requirements in section 254B.052, subdivision 4,new text end and meets
certification or accreditation requirements of the Alliance for Recovery Centered
Organizations, the Council on Accreditation of Peer Recovery Support Services, or a
Minnesota statewide recovery organization identified by the commissioner is an eligible
vendor of peer recovery support services. A Minnesota statewide recovery organization
identified by the commissioner must update recovery community organization applicants
for certification or accreditation on the status of the application within 45 days of receipt.
If the approved statewide recovery organization denies an application, it must provide a
written explanation for the denial to the recovery community organization. Eligible vendors
under this paragraph must:
(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission;
(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;
(3) have a mission statement and conduct corresponding activities indicating that the
organization's primary purpose is to support recovery from substance use disorder;
(4) demonstrate ongoing community engagement with the identified primary region and
population served by the organization, including individuals in recovery and their families,
friends, and recovery allies;
(5) be accountable to the recovery community through documented priority-setting and
participatory decision-making processes that promote the engagement of, and consultation
with, people in recovery and their families, friends, and recovery allies;
(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building,
and harm-reduction activities, and provide recovery public education and advocacy;
(7) have written policies that allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;
(8) maintain organizational practices to meet the needs of Black, Indigenous, and people
of color communities, LGBTQ+ communities, and other underrepresented or marginalized
communities. Organizational practices may include board and staff training, service offerings,
advocacy efforts, and culturally informed outreach and services;
(9) use recovery-friendly language in all media and written materials that is supportive
of and promotes recovery across diverse geographical and cultural contexts and reduces
stigma;
(10) establish and maintain a publicly available recovery community organization code
of ethics and grievance policy and procedures;
(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
independent contractor;
(12) not classify or treat any recovery peer as an independent contractor on or after
January 1, 2025;
(13) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services; and
(14) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:
(i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;
(ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and
(iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaint.
(e) A recovery community organization approved by the commissioner before June 30,
2023, must have begun the application process as required by an approved certifying or
accrediting entity and have begun the process to meet the requirements under paragraph (d)
by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
support services.
(f) A recovery community organization that is aggrieved by an accreditation, certification,
or membership determination and believes it meets the requirements under paragraph (d)
may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
(14), for reconsideration as an eligible vendor. If the human services judge determines that
the recovery community organization meets the requirements under paragraph (d), the
recovery community organization is an eligible vendor of peer recovery support services.
(g) All recovery community organizations must be certified or accredited by an entity
listed in paragraph (d) by June 30, 2025.
(h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.
(i) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 254A.19, subdivision 3, and by an individual who meets the criteria
of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
and drug counselor must be individually enrolled with the commissioner and reported on
the claim as the individual who provided the service.
(j) Any complaints about a recovery community organization or peer recovery support
services may be made to and reviewed or investigated by the ombudsperson for behavioral
health and developmental disabilities under sections 245.91 and 245.94.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
(a) Vendors of room and board
are eligible for behavioral health fund payment if the vendor:
(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of those rules;
(2) is determined to meet applicable health and safety requirements;
(3) is not a jail or prison;
(4) is not concurrently receiving funds under chapter 256I for the recipient;
(5) admits individuals who are 18 years of age or older;
(6) is registered as a board and lodging or lodging establishment according to section
157.17;
(7) has awake staff on site whenever a client is present;
(8) has staff who are at least 18 years of age and meet the requirements of section
245G.11, subdivision 1, paragraph (b);
(9) has emergency behavioral procedures that meet the requirements of section 245G.16;
(10) meets the requirements of section 245G.08, subdivision 5, if administering
medications to clients;
(11) meets the abuse prevention requirements of section 245A.65, including a policy on
fraternization and the mandatory reporting requirements of section 626.557;
(12) documents coordination with the treatment provider to ensure compliance with
section 254B.03, subdivision 2;
(13) protects client funds and ensures freedom from exploitation by meeting the
provisions of section 245A.04, subdivision 13;
(14) has a grievance procedure that meets the requirements of section 245G.15,
subdivision 2; and
(15) has sleeping and bathroom facilities for men and women separated by a door that
is locked, has an alarm, or is supervised by awake staff.
(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
paragraph (a), clauses (5) to (15).
(c) Programs providing children's mental health crisis admissions and stabilization under
section 245.4882, subdivision 6, are eligible vendors of room and board.
(d) Programs providing children's residential services under section 245.4882, except
services for individuals who have a placement under chapter 260C or 260D, are eligible
vendors of room and board.
(e) Licensed programs providing intensive residential treatment services or residential
crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
of room and board and are exempt from paragraph (a), clauses (6) to (15).
(f) A vendor that is not licensed as a residential treatment program must have a policy
to address staffing coverage when a client may unexpectedly need to be present at the room
and board site.
new text begin
(g) No new vendors for room and board services may be approved after June 30, 2025,
to receive payments from the behavioral health fund, under the provisions of section 254B.04,
subdivision 2a. Room and board vendors that were approved and operating prior to July 1,
2025, may continue to receive payments from the behavioral health fund for services provided
until June 30, 2027. Room and board vendors providing services in accordance with section
254B.04, subdivision 2a, will no longer be eligible to claim reimbursement for room and
board services provided on or after July 1, 2027.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read:
(a) new text begin Subject to the requirements of subdivision 6, new text end the
commissioner shall establish rates for new text begin the following new text end substance use disorder new text begin treatment new text end services
deleted text begin and service enhancementsdeleted text end funded under this chapterdeleted text begin .deleted text end new text begin :
new text end
deleted text begin
(b) Eligible substance use disorder treatment services include:
deleted text end
(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
and provided according to the following ASAM levels of care:
(i) ASAM level 0.5 early intervention services provided according to section 254B.19,
subdivision 1, clause (1);
(ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
subdivision 1, clause (2);
(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
subdivision 1, clause (3);
(iv) ASAM level 2.5 partial hospitalization services provided according to section
254B.19, subdivision 1, clause (4);
(v) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5)deleted text begin . The commissioner shall use the
base payment rate of $79.84 per day for services provided under this itemdeleted text end ;
(vi) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled
treatment services each weekdeleted text begin . The commissioner shall use the base payment rate of $166.13
per day for services provided under this itemdeleted text end ;
(vii) ASAM level 3.3 clinically managed population-specific high-intensity residential
services provided according to section 254B.19, subdivision 1, clause (6)deleted text begin . The commissioner
shall use the specified base payment rate of $224.06 per day for services provided under
this itemdeleted text end ; and
(viii) ASAM level 3.5 clinically managed high-intensity residential services provided
according to section 254B.19, subdivision 1, clause (7)deleted text begin . The commissioner shall use the
specified base payment rate of $224.06 per day for services provided under this itemdeleted text end ;
(2) comprehensive assessments provided according to section 254A.19, subdivision 3;
(3) treatment coordination services provided according to section 245G.07, subdivision
1, paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision
deleted text begin 2deleted text end new text begin 2a, paragraph (b)new text end , clause deleted text begin (8)deleted text end new text begin (2)new text end ;
(5) withdrawal management services provided according to chapter 245F;
(6) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to
144.56;
(7) substance use disorder treatment services with medications for opioid use disorder
provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17
and 245G.22, or under an applicable Tribal license;
(8) medium-intensity residential treatment services that provide 15 hours of skilled
treatment services each week and are licensed according to sections 245G.01 to 245G.17
and 245G.21 or applicable Tribal license;
(9) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable Tribal license;
(10) ASAM 3.5 clinically managed high-intensity residential services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which
provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
and are provided by a state-operated vendor or to clients who have been civilly committed
to the commissioner, present the most complex and difficult care needs, and are a potential
threat to the community; and
(11) room and board facilities that meet the requirements of subdivision 1a.
deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall establish higher rates for programs that meet the
requirements of paragraph deleted text begin (b)deleted text end new text begin (a)new text end and deleted text begin one of the following additional requirements:deleted text end new text begin the
requirements of one clause in this paragraph.
new text end
(1) Programs that serve parents with their children new text begin are eligible for an enhanced payment
rate new text end if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or
(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502deleted text begin ;deleted text end new text begin .
new text end
new text begin
In order to be eligible for a higher rate under this clause, a program that provides
arrangements for off-site child care must maintain current documentation at the substance
use disorder facility of the child care provider's current licensure to provide child care
services.
new text end
(2) Culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4adeleted text begin ;deleted text end new text begin , are eligible for an enhanced payment rate.
new text end
(3) Disability responsive programs as defined in section 254B.01, subdivision 4bdeleted text begin ;deleted text end new text begin , are
eligible for an enhanced payment rate.
new text end
(4) Programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to one hour per client per week new text begin are eligible for an enhanced
payment rate new text end if the medical needs of the client and the nature and provision of any medical
services provided are documented in the client filedeleted text begin ; ordeleted text end new text begin .
new text end
(5) Programs that offer services to individuals with co-occurring mental health and
substance use disorder problems new text begin are eligible for an enhanced payment rate new text end if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) the program employs a mental health professional as defined in section 245I.04,
subdivision 2;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.
deleted text begin
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services.
deleted text end
deleted text begin (e)deleted text end Adolescent residential programs that meet the requirements of Minnesota Rules, parts
2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in deleted text begin paragraph (c), clause (5),deleted text end items (i) to (iv).
deleted text begin (f)deleted text end new text begin (c)new text end Substance use disorder services that are otherwise covered as direct face-to-face
services may be provided via telehealth as defined in section 256B.0625, subdivision 3b.
The use of telehealth to deliver services must be medically appropriate to the condition and
needs of the person being served. Reimbursement shall be at the same rates and under the
same conditions that would otherwise apply to direct face-to-face services.
deleted text begin (g)deleted text end new text begin (d)new text end For the purpose of reimbursement under this section, substance use disorder
treatment services provided in a group setting without a group participant maximum or
maximum client to staff ratio under chapter 245G shall not exceed a client to staff ratio of
48 to one. At least one of the attending staff must meet the qualifications as established
under this chapter for the type of treatment service provided. A recovery peer may not be
included as part of the staff ratio.
deleted text begin (h)deleted text end new text begin (e)new text end Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.
deleted text begin (i)deleted text end new text begin (f)new text end Payment for substance use disorder services under this section must start from the
day of service initiation, when the comprehensive assessment is completed within the
required timelines.
deleted text begin (j)deleted text end new text begin (g)new text end A license holder that is unable to provide all residential treatment services because
a client missed services remains eligible to bill for the client's intensity level of services
under this paragraph if the license holder can document the reason the client missed services
and the interventions done to address the client's absence.
deleted text begin (k)deleted text end new text begin (h)new text end Hours in a treatment week may be reduced in observance of federally recognized
holidays.
deleted text begin (l)deleted text end new text begin (i)new text end Eligible vendors of peer recovery support services must:
(1) submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; and
(2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support services.
deleted text begin (m)deleted text end new text begin (j)new text end Peer recovery support services not provided in accordance with section 254B.052
are subject to monetary recovery under section 256B.064 as money improperly paid.
Minnesota Statutes 2024, section 254B.05, is amended by adding a subdivision
to read:
new text begin
(a) Effective for services provided on or after January 1,
2026, the commissioner must implement the following base payment rates for substance
use disorder treatment services under subdivision 5, paragraph (a):
new text end
new text begin
(1) for low-intensity residential services, 100 percent of the modeled rate included in
the final report required by Laws 2021, First Special Session chapter 7, article 17, section
18;
new text end
new text begin
(2) for high-intensity residential services, the rates in effect on December 31, 2025; and
new text end
new text begin
(3) for all other services not included in clause (1) or (2), 72 percent of the modeled rate
included in the final report required by Laws 2021, First Special Session chapter 7, article
17, section 18.
new text end
new text begin
(b) Effective January 1, 2027, and annually thereafter, the commissioner of human
services must adjust the payment rates under paragraph (a) according to the change from
the midpoint of the previous rate year to the midpoint of the rate year for which the rate is
being determined using the Centers for Medicare and Medicaid Services Medicare Economic
Index as forecasted in the fourth quarter of the calendar year before the rate year.
new text end
new text begin
(c) Notwithstanding paragraph (a), the commissioner must not implement a base payment
rate for a substance use disorder treatment service that is lower than the rate in effect for
the service on December 31, 2025.
new text end
Minnesota Statutes 2024, section 254B.052, is amended by adding a subdivision
to read:
new text begin
(a) Effective
January 1, 2027, in order to enroll as an eligible vendor of peer recovery support services,
a recovery community organization must require all owners active in day-to-day management
and operations of the organization and managerial and supervisory employees to complete
compliance training before applying for enrollment and every three years thereafter.
Mandatory compliance training format and content must be determined by the commissioner,
and must include the following topics:
new text end
new text begin
(1) state and federal program billing, documentation, and service delivery requirements;
new text end
new text begin
(2) eligible vendor enrollment requirements;
new text end
new text begin
(3) provider program integrity, including fraud prevention, fraud detection, and penalties;
new text end
new text begin
(4) fair labor standards;
new text end
new text begin
(5) workplace safety requirements; and
new text end
new text begin
(6) recent changes in service requirements.
new text end
new text begin
(b) Any new owners active in day-to-day management and operations of the organization
and managerial and supervisory employees must complete the training under this subdivision
in order to be employed by or conduct management and operations activities for the
organization. If the individual moves to another recovery community organization and
serves in a similar ownership or employment capacity, the individual is not required to
repeat the training required under this subdivision if the individual documents completion
of the training within the past three years.
new text end
new text begin
(c) By July 1, 2026, the commissioner must make the training required under this
subdivision available in person, online, or by electronic remote connection.
new text end
new text begin
(d) A recovery community organization enrolled as an eligible vendor before January
1, 2027, must document completion of the compliance training as required under this
subdivision by January 1, 2028, and every three years thereafter.
new text end
Minnesota Statutes 2024, section 254B.06, subdivision 2, is amended to read:
The commissioner shall allocate deleted text begin 77.05deleted text end new text begin 50new text end percent
of patient payments and third-party payments to the special revenue account and deleted text begin 22.95deleted text end new text begin 50new text end
percent to the county financially responsible for the patient.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.09, subdivision 2, is amended to read:
The commissioner may enter into agreements
with federally recognized Tribal units to pay for substance use disorder treatment services
provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how
the governing body of the Tribal unit fulfills deleted text begin local agencydeleted text end new text begin the Tribal unit'snew text end responsibilities
regarding the form and manner of invoicing.
new text begin
This section is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 254B.19, subdivision 1, is amended to read:
(a) For each client assigned an ASAM level
of care, eligible vendors must implement the standards set by the ASAM for the respective
level of care. Additionally, vendors must meet the following requirements:
(1) For ASAM level 0.5 early intervention targeting individuals who are at risk of
developing a substance-related problem but may not have a diagnosed substance use disorder,
early intervention services may include individual or group counseling, treatment
coordination, peer recovery support, screening brief intervention, and referral to treatment
provided according to section 254A.03, subdivision 3, paragraph (c).
(2) For ASAM level 1.0 outpatient clients, adults must receive up to eight hours per
week of deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services and adolescents must receive up to five
hours per week. Services must be licensed according to section 245G.20 and meet
requirements under section 256B.0759. deleted text begin Peer recoverydeleted text end new text begin Ancillary servicesnew text end and treatment
coordination may be provided beyond the hourly deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment service
hours allowable per week.
(3) For ASAM level 2.1 intensive outpatient clients, adults must receive nine to 19 hours
per week of deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services and adolescents must receive six or
more hours per week. Vendors must be licensed according to section 245G.20 and must
meet requirements under section 256B.0759. deleted text begin Peer recoverydeleted text end new text begin Ancillarynew text end services and treatment
coordination may be provided beyond the hourly deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment service
hours allowable per week. If clinically indicated on the client's treatment plan, this service
may be provided in conjunction with room and board according to section 254B.05,
subdivision 1a.
(4) For ASAM level 2.5 partial hospitalization clients, adults must receive 20 hours or
more of deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services. Services must be licensed according to
section 245G.20 deleted text begin and must meet requirements under section 256B.0759deleted text end . Level 2.5 is for
clients who need daily monitoring in a structured setting, as directed by the individual
treatment plan and in accordance with the limitations in section 254B.05, subdivision 5,
paragraph (h). If clinically indicated on the client's treatment plan, this service may be
provided in conjunction with room and board according to section 254B.05, subdivision
1a.
(5) For ASAM level 3.1 clinically managed low-intensity residential clients, programs
must provide at least 5 hours of deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services per week according
to each client's specific treatment schedule, as directed by the individual treatment plan.
Programs must be licensed according to section 245G.20 and must meet requirements under
section 256B.0759.
(6) For ASAM level 3.3 clinically managed population-specific high-intensity residential
clients, programs must be licensed according to section 245G.20 and must meet requirements
under section 256B.0759. Programs must have 24-hour staffing coverage. Programs must
be enrolled as a disability responsive program as described in section 254B.01, subdivision
4b, and must specialize in serving persons with a traumatic brain injury or a cognitive
impairment so significant, and the resulting level of impairment so great, that outpatient or
other levels of residential care would not be feasible or effective. Programs must provide,
at a minimum, daily deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services seven days a week according
to each client's specific treatment schedule, as directed by the individual treatment plan.
(7) For ASAM level 3.5 clinically managed high-intensity residential clients, services
must be licensed according to section 245G.20 and must meet requirements under section
256B.0759. Programs must have 24-hour staffing coverage and provide, at a minimum,
daily deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment services seven days a week according to each client's
specific treatment schedule, as directed by the individual treatment plan.
(8) For ASAM level withdrawal management 3.2 clinically managed clients, withdrawal
management must be provided according to chapter 245F.
(9) For ASAM level withdrawal management 3.7 medically monitored clients, withdrawal
management must be provided according to chapter 245F.
(b) Notwithstanding the minimum daily deleted text begin skilleddeleted text end new text begin psychosocialnew text end treatment service
requirements under paragraph (a), clauses (6) and (7), ASAM level 3.3 and 3.5 vendors
must provide each client at least 30 hours of treatment services per week for the period
between January 1, 2024, through June 30, 2024.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
new text begin
For the purposes of sections 254B.21 to 254B.216, the following
terms have the meanings given.
new text end
new text begin
"Applicant" means any individual, organization, or entity who has
applied for certification of a recovery residence.
new text end
new text begin
"Certified recovery residence" means a recovery
residence that has completed the application process and been approved for certification by
the commissioner.
new text end
new text begin
"Co-occurring disorders" means a diagnosis of both
a substance use disorder and a mental health disorder.
new text end
new text begin
"Operator" means the lawful owner or lessee of a recovery residence
or a person employed and designated by the owner or lessee of the recovery residence to
have primary responsibility for oversight of the recovery residence, including but not limited
to hiring and termination of recovery residence staff, recovery residence maintenance, and
responding to complaints being investigated by the commissioner.
new text end
new text begin
"Recovery residence" means a type of community residence
that provides a safe, healthy, family-like, substance-free living environment that supports
individuals in recovery from substance use disorder.
new text end
new text begin
"Recovery residence registry" means the list of
certified recovery residences maintained by the commissioner.
new text end
new text begin
"Resident" means an individual who resides in a recovery residence.
new text end
new text begin
"Staff" means employees, contractors, or volunteers who provide
monitoring, assistance, or other services for the use and benefit of a recovery residence and
the residence's residents.
new text end
new text begin
"Substance free" means being free from the use of alcohol,
illicit drugs, and the illicit use of prescribed drugs. This term does not prohibit medications
prescribed, dispensed, or administered by a licensed health care professional, such as
pharmacotherapies specifically approved by the United States Food and Drug Administration
(FDA) for treatment of a substance use disorder as well as other medications approved by
the FDA for the treatment of co-occurring disorders when taken as directed.
new text end
new text begin
"Substance use disorder" has the meaning given in
the most recent edition of the Diagnostic and Statistical Manual of Disorders of the American
Psychiatric Association.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
This section is applicable to all recovery residences
regardless of certification status.
new text end
new text begin
All recovery residences must:
new text end
new text begin
(1) comply with applicable state laws and regulations and local ordinances related to
maximum occupancy, fire safety, and sanitation;
new text end
new text begin
(2) have safety policies and procedures that, at a minimum, address:
new text end
new text begin
(i) safety inspections requiring periodic verification of smoke detectors, carbon monoxide
detectors, fire extinguishers, and emergency evacuation drills;
new text end
new text begin
(ii) exposure to bodily fluids and contagious disease; and
new text end
new text begin
(iii) emergency procedures posted in conspicuous locations in the residence;
new text end
new text begin
(3) maintain a supply of an opiate antagonist in the home, post information on proper
use, and train staff in opiate antagonist use;
new text end
new text begin
(4) have written policies regarding access to all prescribed medications and storage of
medications when requested by the resident;
new text end
new text begin
(5) have written policies regarding residency termination, including how length of stay
is determined and procedures in case of evictions;
new text end
new text begin
(6) return all property and medications to a person discharged from the home and retain
the items for a minimum of 60 days if the person did not collect the items upon discharge.
The owner must make an effort to contact persons listed as emergency contacts for the
discharged person so that the items are returned;
new text end
new text begin
(7) ensure separation of money of persons served by the program from money of the
program or program staff. The program and staff must not:
new text end
new text begin
(i) borrow money from a person served by the program;
new text end
new text begin
(ii) purchase personal items from a person served by the program;
new text end
new text begin
(iii) sell merchandise or personal services to a person served by the program;
new text end
new text begin
(iv) require a person served by the program to purchase items for which the program is
eligible for reimbursement; or
new text end
new text begin
(v) use money of persons served by the program to purchase items for which the program
is already receiving public or private payments;
new text end
new text begin
(8) document the names and contact information for persons to contact in case of an
emergency, upon discharge, or other circumstances designated by the resident, including
but not limited to death due to an overdose;
new text end
new text begin
(9) maintain contact information for emergency resources in the community, including
but not limited to local mental health crisis services and the 988 Lifeline, to address mental
health and health emergencies;
new text end
new text begin
(10) have policies on staff qualifications and a prohibition against relationships between
operators and residents;
new text end
new text begin
(11) permit residents to use, as directed by a licensed prescriber, legally prescribed and
dispensed or administered pharmacotherapies approved by the FDA for the treatment of
opioid use disorder, co-occurring substance use disorders, and mental health conditions;
new text end
new text begin
(12) have a fee schedule and refund policy;
new text end
new text begin
(13) have rules for residents, including on prohibited items;
new text end
new text begin
(14) have policies that promote resident participation in treatment, self-help groups, or
other recovery supports;
new text end
new text begin
(15) have policies requiring abstinence from alcohol and illicit drugs on the property.
If the program utilizes drug screening or toxicology, the procedures must be included in the
program's policies;
new text end
new text begin
(16) distribute the recovery resident bill of rights in subdivision 3, resident rules,
certification, and grievance process and post the documents in this clause in common areas;
new text end
new text begin
(17) have policies and procedures on person and room searches;
new text end
new text begin
(18) have code of ethics policies and procedures they are aligned with the NARR code
of ethics and document that the policies and procedures are read and signed by all those
associated with the operation of the recovery residence, including owners, operators, staff,
and volunteers;
new text end
new text begin
(19) have a description of how residents are involved with the governance of the
residence, including decision-making procedures, how residents are involved in setting and
implementing rules, and the role of peer leaders, if any; and
new text end
new text begin
(20) have procedures to maintain a respectful environment, including appropriate action
to stop intimidation, bullying, sexual harassment, or threatening behavior of residents, staff,
and visitors within the residence. Programs should consider trauma-informed and
resilience-promoting practices when determining action.
new text end
new text begin
An individual living in a recovery residence has the
right to:
new text end
new text begin
(1) have access to an environment that supports recovery;
new text end
new text begin
(2) have access to an environment that is safe and free from alcohol and other illicit
drugs or substances;
new text end
new text begin
(3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms
of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
new text end
new text begin
(4) be treated with dignity and respect and to have personal property treated with respect;
new text end
new text begin
(5) have personal, financial, and medical information kept private and to be advised of
the recovery residence's policies and procedures regarding disclosure of the information;
new text end
new text begin
(6) access while living in the residence to other community-based support services as
needed;
new text end
new text begin
(7) be referred to appropriate services upon leaving the residence if necessary;
new text end
new text begin
(8) retain personal property that does not jeopardize the safety or health of the resident
or others;
new text end
new text begin
(9) assert the rights in this subdivision personally or have the rights asserted by the
individual's representative or by anyone on behalf of the individual without retaliation;
new text end
new text begin
(10) be provided with the name, address, and telephone number of the ombudsman for
mental health and developmental disabilities and the commissioner and be provided with
information about the right to file a complaint;
new text end
new text begin
(11) be fully informed of the rights and responsibilities in this section and program
policies and procedures; and
new text end
new text begin
(12) not be required to perform services for the residence that are not included in the
usual expectations for all residents.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
Any complaints about a recovery residence may be made to
and reviewed or investigated by the commissioner.
new text end
new text begin
The commissioner must receive and review complaints
that concern:
new text end
new text begin
(1) the health and safety of residents;
new text end
new text begin
(2) management of the recovery residence, including but not limited to house
environment, financial procedures, staffing, house rules and regulations, improper handling
of resident terminations, and recovery support environment; or
new text end
new text begin
(3) illegal activities or threats.
new text end
new text begin
(a) Complaints regarding illegal activities or threats must be
immediately referred to law enforcement in the jurisdiction where the recovery residence
is located. The commissioner must continue to investigate complaints under subdivision 2,
clause (3), that have been referred to law enforcement unless law enforcement requests the
commissioner to stay the investigation.
new text end
new text begin
(b) The commissioner must investigate all other types of complaints under this section
and may take any action necessary to conduct an investigation, including but not limited to
interviewing the recovery residence operator, staff, and residents and inspecting the premises.
new text end
new text begin
When making a complaint pursuant to this section, an individual
must disclose the individual's identity to the commissioner. Unless ordered by a court or
authorized by the complainant, the commissioner must not disclose the complainant's
identity.
new text end
new text begin
A recovery residence owner, operator, director,
staff member, or resident must not be subject to retaliation, including but not limited to
interference, threats, coercion, harassment, or discrimination for making any complaint
against a recovery residence or against a recovery residence owner, operator, or chief
financial officer.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
The commissioner must establish and provide
for the administration of a voluntary certification program based on best practices as outlined
by the American Society for Addiction Medicine and the Substance Abuse and Mental
Health Services Administration for recovery residences seeking certification under this
section.
new text end
new text begin
An applicant for certification must, at a minimum,
submit the following documents on forms approved by the commissioner:
new text end
new text begin
(1) if the premises for the recovery residence is leased, documentation from the owner
that the applicant has permission from the owner to operate a recovery residence on the
premises;
new text end
new text begin
(2) all policies and procedures required under this chapter;
new text end
new text begin
(3) copies of all forms provided to residents, including but not limited to the recovery
residence's medication, drug-testing, return-to-use, refund, and eviction or transfer policies;
new text end
new text begin
(4) proof of insurance coverage necessary and, at a minimum:
new text end
new text begin
(i) employee dishonesty insurance in the amount of $10,000 if the vendor has or had
custody or control of money or property belonging to clients; and
new text end
new text begin
(ii) bodily injury and property damage insurance in the amount of $2,000,000 for each
occurrence; and
new text end
new text begin
(5) proof of completed background checks for the operator and residence staff.
new text end
new text begin
Upon receiving a completed application,
the commissioner must conduct an initial on-site inspection of the recovery residence to
ensure the residence is in compliance with the requirements of sections 254B.21 to 254B.216.
new text end
new text begin
The commissioner must certify a recovery residence upon
approval of the application and after the initial on-site inspection. The certification
automatically terminates three years after issuance of the certification if the commissioner
does not renew the certification. Upon certification, the commissioner must issue the recovery
residence a proof of certification.
new text end
new text begin
A certified recovery residence must publicly
display a proof of certification in the recovery residence.
new text end
new text begin
Certifications issued pursuant to this section cannot be
transferred to an address other than the address in the application or to another certification
holder without prior approval from the commissioner.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
(a) The commissioner must conduct an
on-site certification review of the certified recovery residence every three years to determine
the certification holder's compliance with applicable rules and statutes.
new text end
new text begin
(b) The commissioner must offer the certification holder a choice of dates for an
announced certification review. A certification review must occur during regular business
hours.
new text end
new text begin
(c) The commissioner must make the results of certification reviews and the results of
investigations that result in a correction order publicly available on the department's website.
new text end
new text begin
(a) When the commissioner is exercising the
powers conferred to the commissioner under this section, if the recovery residence is in
operation and the information is relevant to the commissioner's inspection or investigation,
the certification holder must provide the commissioner access to:
new text end
new text begin
(1) the physical facility and grounds where the residence is located;
new text end
new text begin
(2) documentation and records, including electronically maintained records;
new text end
new text begin
(3) residents served by the recovery residence;
new text end
new text begin
(4) staff persons of the recovery residence; and
new text end
new text begin
(5) personnel records of current and former staff of the recovery residence.
new text end
new text begin
(b) The applicant or certification holder must provide the commissioner with access to
the facility and grounds, documentation and records, residents, and staff without prior notice
and as often as the commissioner considers necessary if the commissioner is conducting an
inspection or investigating alleged maltreatment or a violation of a law or rule. When
conducting an inspection, the commissioner may request assistance from other state, county,
and municipal governmental agencies and departments. The applicant or certification holder
must allow the commissioner, at the commissioner's expense, to photocopy, photograph,
and make audio and video recordings during an inspection.
new text end
new text begin
(a) If the applicant or certification holder fails to comply
with a law or rule, the commissioner may issue a correction order. The correction order
must state:
new text end
new text begin
(1) the condition that constitutes a violation of the law or rule;
new text end
new text begin
(2) the specific law or rule that the applicant or certification holder has violated; and
new text end
new text begin
(3) the time that the applicant or certification holder is allowed to correct each violation.
new text end
new text begin
(b) If the applicant or certification holder believes that the commissioner's correction
order is erroneous, the applicant or certification holder may ask the commissioner to
reconsider the correction order. An applicant or certification holder must make a request
for reconsideration in writing. The request must be sent via electronic communication to
the commissioner within 20 calendar days after the applicant or certification holder received
the correction order and must:
new text end
new text begin
(1) specify the part of the correction order that is allegedly erroneous;
new text end
new text begin
(2) explain why the specified part is erroneous; and
new text end
new text begin
(3) include documentation to support the allegation of error.
new text end
new text begin
(c) A request for reconsideration does not stay any provision or requirement of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal.
new text end
new text begin
(d) If the commissioner finds that the applicant or certification holder failed to correct
the violation specified in the correction order, the commissioner may decertify the certified
recovery residence according to subdivision 4.
new text end
new text begin
(e) Nothing in this subdivision prohibits the commissioner from decertifying a recovery
residence according to subdivision 4.
new text end
new text begin
(a) The commissioner may decertify a recovery residence if
a certification holder:
new text end
new text begin
(1) failed to comply with an applicable law or rule; or
new text end
new text begin
(2) knowingly withheld relevant information from or gave false or misleading information
to the commissioner in connection with an application for certification, during an
investigation, or regarding compliance with applicable laws or rules.
new text end
new text begin
(b) When considering decertification of a recovery residence, the commissioner must
consider the nature, chronicity, or severity of the violation of law or rule and the effect of
the violation on the health, safety, or rights of residents.
new text end
new text begin
(c) If the commissioner decertifies a recovery residence, the order of decertification
must inform the certification holder of the right to have a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The certification holder
may appeal the decertification. The certification holder must appeal a decertification in
writing and send or deliver the appeal to the commissioner by certified mail or personal
service. If the certification holder mails the appeal, the appeal must be postmarked and sent
to the commissioner within ten calendar days after the certification holder receives the order
of decertification. If the certification holder delivers an appeal by personal service, the
commissioner must receive the appeal within ten calendar days after the certification holder
received the order. If the certification holder submits a timely appeal of an order of
decertification, the certification holder may continue to operate the program until the
commissioner issues a final order on the decertification.
new text end
new text begin
(d) If the commissioner decertifies a recovery residence pursuant to paragraph (a), clause
(1), based on a determination that the recovery residence was responsible for maltreatment
under chapter 260E or section 626.557, the final decertification determination is stayed until
the commissioner issues a final decision regarding the maltreatment appeal if the certification
holder appeals the decertification according to paragraph (c) and appeals the maltreatment
determination pursuant to chapter 260E or section 626.557.
new text end
new text begin
(a) Changes in recovery residence
organization, staffing, services, or quality assurance procedures that affect the ability of the
certification holder to comply with the minimum standards of this chapter must be reported
in writing by the certification holder to the commissioner, in a manner approved by the
commissioner, within 15 days of the occurrence. The commissioner must review the change.
If the change would result in noncompliance in minimum standards, the commissioner must
give the recovery residence written notice and up to 180 days to correct the areas of
noncompliance before being decertified. The recovery residence must develop interim
procedures to resolve the noncompliance on a temporary basis and submit the interim
procedures in writing to the commissioner for approval within 30 days of the commissioner's
determination of the noncompliance. The commissioner must immediately decertify a
recovery residence that fails to report a change that results in noncompliance within 15 days,
fails to develop an approved interim procedure within 30 days of the determination of the
noncompliance, or does not resolve the noncompliance within 180 days.
new text end
new text begin
(b) The commissioner may require the recovery residence to submit written information
to document that the recovery residence has maintained compliance with this section.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
When certifying a recovery residence, the
commissioner must specify whether the residence is a level-one or level-two certified
recovery residence.
new text end
new text begin
(a) The commissioner must designate a certified
residence as a level-one certified recovery residence when the residence is peer run. A
level-one certified recovery residence must:
new text end
new text begin
(1) not permit an allowance for on-site paid staff or operator of the recovery residence;
new text end
new text begin
(2) permit only nonpaid staff to live or work within the residence; and
new text end
new text begin
(3) ensure that decisions are made solely by residents.
new text end
new text begin
(b) Staff of a level-one certified recovery residence must not provide billable peer
recovery support services to residents of the recovery residence.
new text end
new text begin
(a) The commissioner must designate a certified
residence as a level-two certified recovery residence when the residence is managed by
someone other than the residents. A level-two certified recovery residence must have staff
to model and teach recovery skills and behaviors.
new text end
new text begin
(b) A level-two certified recovery residence must:
new text end
new text begin
(1) have written job descriptions for each staff member position, including position
responsibilities and qualifications;
new text end
new text begin
(2) have written policies and procedures for ongoing performance development of staff;
new text end
new text begin
(3) provide annual training on emergency procedures, resident bill of rights, grievance
policies and procedures, and code of ethics;
new text end
new text begin
(4) provide community or house meetings, peer supports, and involvement in self-help
or off-site treatment services;
new text end
new text begin
(5) have identified recovery goals;
new text end
new text begin
(6) maintain documentation that residents are linked with community resources such as
job search, education, family services, and health and housing programs; and
new text end
new text begin
(7) maintain documentation of referrals made for additional services.
new text end
new text begin
(c) Staff of a level-two certified recovery residence must not provide billable peer support
services to residents of the recovery residence.
new text end
new text begin
This section is effective January 1, 2027.
new text end
new text begin
A certified recovery residence must maintain documentation with a resident's signature
stating that each resident received the following prior to or on the first day of residency:
new text end
new text begin
(1) the recovery resident bill of rights in section 254B.211, subdivision 3;
new text end
new text begin
(2) the residence's financial obligations and agreements, refund policy, and payments
from third-party payers for any fees paid on the resident's behalf;
new text end
new text begin
(3) a description of the services provided by the recovery residence;
new text end
new text begin
(4) relapse policies;
new text end
new text begin
(5) policies regarding personal property;
new text end
new text begin
(6) orientation to emergency procedures;
new text end
new text begin
(7) orientation to resident rules; and
new text end
new text begin
(8) all other applicable orientation materials identified in sections 254B.21 to 254B.216.
new text end
new text begin
This section is effective January 1, 2027.
new text end
Minnesota Statutes 2024, section 256.043, subdivision 3, is amended to read:
(a) The
appropriations in paragraphs (b) to (n) shall be made from the registration and license fee
account on a fiscal year basis in the order specified.
(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs
(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
made accordingly.
(c) $100,000 is appropriated to the commissioner of human services for grants for opiate
antagonist distribution. Grantees may utilize funds for opioid overdose prevention,
community asset mapping, education, and opiate antagonist distribution.
(d) $2,000,000 is appropriated to the commissioner of human services for deleted text begin grantsdeleted text end new text begin direct
paymentsnew text end to Tribal nations and five urban Indian communities for traditional healing practices
for American Indians and to increase the capacity of culturally specific providers in the
behavioral health workforce.new text begin Any evaluations of practices under this paragraph must be
designed cooperatively by the commissioner and Tribal nations or urban Indian communities.
The commissioner must not require recipients to provide the details of specific ceremonies
or identities of healers.
new text end
(e) $400,000 is appropriated to the commissioner of human services for competitive
grants for opioid-focused Project ECHO programs.
(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the
commissioner of human services to administer the funding distribution and reporting
requirements in paragraph (o).
(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated
to the commissioner of human services for safe recovery sites start-up and capacity building
grants under section 254B.18.
(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to
the commissioner of human services for the opioid overdose surge alert system under section
245.891.
(i) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042, subdivision 1, paragraph (c).
(j) $261,000 is appropriated to the commissioner of human services for the provision of
administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (n).
(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
fees under section 151.066.
(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of
Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.
(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining
amount is appropriated to the commissioner of children, youth, and families for distribution
to county social service agencies and Tribal social service agency initiative projects
authorized under section 256.01, subdivision 14b, to provide prevention and child protection
services to children and families who are affected by addiction. The commissioner shall
distribute this money proportionally to county social service agencies and Tribal social
service agency initiative projects through a formula based on intake data from the previous
three calendar years related to substance use and out-of-home placement episodes where
parental drug abuse is a reason for the out-of-home placement. County social service agencies
and Tribal social service agency initiative projects receiving funds from the opiate epidemic
response fund must annually report to the commissioner on how the funds were used to
provide prevention and child protection services, including measurable outcomes, as
determined by the commissioner. County social service agencies and Tribal social service
agency initiative projects must not use funds received under this paragraph to supplant
current state or local funding received for child protection services for children and families
who are affected by addiction.
(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in
the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042, unless otherwise appropriated by the legislature.
(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service
agencies and Tribal social service agency initiative projects under paragraph (m) and grant
funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)
may be distributed on a calendar year basis.
(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.
Minnesota Statutes 2024, section 256B.0625, subdivision 5m, is amended to read:
(a) Medical
assistance covers services provided by a not-for-profit certified community behavioral health
clinic (CCBHC) that meets the requirements of section 245.735, subdivision 3.
(b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an
eligible service is delivered using the CCBHC daily bundled rate system for medical
assistance payments as described in paragraph (c). The commissioner shall include a quality
incentive payment in the CCBHC daily bundled rate system as described in paragraph (e).
There is no county share for medical assistance services when reimbursed through the
CCBHC daily bundled rate system.
(c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC
payments under medical assistance meets the following requirements:
(1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each
CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable
CCBHC costs divided by the total annual number of CCBHC visits. For calculating the
payment rate, total annual visits include visits covered by medical assistance and visits not
covered by medical assistance. Allowable costs include but are not limited to the salaries
and benefits of medical assistance providers; the cost of CCBHC services provided under
section 245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs such as
insurance or supplies needed to provide CCBHC services;
(2) payment shall be limited to one payment per day per medical assistance enrollee
when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement
if at least one of the CCBHC services listed under section 245.735, subdivision 3, paragraph
(a), clause (6), is furnished to a medical assistance enrollee by a health care practitioner or
licensed agency employed by or under contract with a CCBHC;
(3) initial CCBHC daily bundled rates for newly certified CCBHCs under section 245.735,
subdivision 3, shall be established by the commissioner using a provider-specific rate based
on the newly certified CCBHC's audited historical cost report data adjusted for the expected
cost of delivering CCBHC services. Estimates are subject to review by the commissioner
and must include the expected cost of providing the full scope of CCBHC services and the
expected number of visits for the rate period;
(4) the commissioner shall rebase CCBHC rates once every two years following the last
rebasing and no less than 12 months following an initial rate or a rate change due to a change
in the scope of services. For CCBHCs certified after September 31, 2020, and before January
1, 2021, the commissioner shall rebase rates according to this clause for services provided
on or after January 1, 2024;
(5) the commissioner shall provide for a 60-day appeals process after notice of the results
of the rebasing;
(6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal
Medicaid rate is not eligible for the CCBHC rate methodology;
(7) payments for CCBHC services to individuals enrolled in managed care shall be
coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall
complete the phase-out of CCBHC wrap payments within 60 days of the implementation
of the CCBHC daily bundled rate system in the Medicaid Management Information System
(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments
due made payable to CCBHCs no later than 18 months thereafter;
(8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each
provider-specific rate by the Medicare Economic Index for primary care services. This
update shall occur each year in between rebasing periods determined by the commissioner
in accordance with clause (4). CCBHCs must provide data on costs and visits to the state
annually using the CCBHC cost report established by the commissioner; and
(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of
services when such changes are expected to result in an adjustment to the CCBHC payment
rate by 2.5 percent or more. The CCBHC must provide the commissioner with information
regarding the changes in the scope of services, including the estimated cost of providing
the new or modified services and any projected increase or decrease in the number of visits
resulting from the change. Estimated costs are subject to review by the commissioner. Rate
adjustments for changes in scope shall occur no more than once per year in between rebasing
periods per CCBHC and are effective on the date of the annual CCBHC rate update.
(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC
providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of
this requirement on the rate of access to the services delivered by CCBHC providers. If, for
any contract year, federal approval is not received for this paragraph, the commissioner
must adjust the capitation rates paid to managed care plans and county-based purchasing
plans for that contract year to reflect the removal of this provision. Contracts between
managed care plans and county-based purchasing plans and providers to whom this paragraph
applies must allow recovery of payments from those providers if capitation rates are adjusted
in accordance with this paragraph. Payment recoveries must not exceed the amount equal
to any increase in rates that results from this provision. This paragraph expires if federal
approval is not received for this paragraph at any time.
(e) The commissioner shall implement a quality incentive payment program for CCBHCs
that meets the following requirements:
(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric
thresholds for performance metrics established by the commissioner, in addition to payments
for which the CCBHC is eligible under the CCBHC daily bundled rate system described in
paragraph (c);
(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement
year to be eligible for incentive payments;
(3) each CCBHC shall receive written notice of the criteria that must be met in order to
receive quality incentive payments at least 90 days prior to the measurement year; and
(4) a CCBHC must provide the commissioner with data needed to determine incentive
payment eligibility within six months following the measurement year. The commissioner
shall notify CCBHC providers of their performance on the required measures and the
incentive payment amount within 12 months following the measurement year.
(f) All claims to managed care plans for CCBHC services as provided under this section
shall be submitted directly to, and paid by, the commissioner on the dates specified no later
than January 1 of the following calendar year, if:
(1) one or more managed care plans does not comply with the federal requirement for
payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42,
section 447.45(b), and the managed care plan does not resolve the payment issue within 30
days of noncompliance; and
(2) the total amount of clean claims not paid in accordance with federal requirements
by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims
eligible for payment by managed care plans.
If the conditions in this paragraph are met between January 1 and June 30 of a calendar
year, claims shall be submitted to and paid by the commissioner beginning on January 1 of
the following year. If the conditions in this paragraph are met between July 1 and December
31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning
on July 1 of the following year.
(g) Peer services provided by a CCBHC certified under section 245.735 are a covered
service under medical assistance when a licensed mental health professional or alcohol and
drug counselor determines that peer services are medically necessary. Eligibility under this
subdivision for peer services provided by a CCBHC supersede eligibility standards under
sections 256B.0615, 256B.0616, and 245G.07, subdivision deleted text begin 2deleted text end new text begin 2anew text end ,new text begin paragraph (b),new text end clause deleted text begin (8)deleted text end new text begin
(2)new text end .
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 20, is amended to read:
(a) To the extent authorized by rule of the
state agency, medical assistance covers case management services to persons with serious
and persistent mental illnessnew text begin , persons with a complex post-traumatic stress disorder,new text end and
children with severe emotional disturbance. Services provided under this section must meet
the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and
Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and
9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe emotional
disturbance when these services meet the program standards in Minnesota Rules, parts
9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case management
shall be made on a monthly basis. In order to receive payment for an eligible child, the
provider must document at least a face-to-face contact either in person or by interactive
video that meets the requirements of subdivision 20b with the child, the child's parents, or
the child's legal representative. To receive payment for an eligible adult, the provider must
document:
(1) at least a face-to-face contact with the adult or the adult's legal representative either
in person or by interactive video that meets the requirements of subdivision 20b; or
(2) at least a telephone contact with the adult or the adult's legal representative and
document a face-to-face contact either in person or by interactive video that meets the
requirements of subdivision 20b with the adult or the adult's legal representative within the
preceding two months.
(d) Payment for mental health case management provided by county or state staff shall
be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph
(b), with separate rates calculated for child welfare and mental health, and within mental
health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services or
by agencies operated by Indian tribes may be made according to this section or other relevant
federally approved rate setting methodology.
(f) Payment for mental health case management provided by vendors who contract with
a county must be calculated in accordance with section 256B.076, subdivision 2. Payment
for mental health case management provided by vendors who contract with a Tribe must
be based on a monthly rate negotiated by the Tribe. The rate must not exceed the rate charged
by the vendor for the same service to other payers. If the service is provided by a team of
contracted vendors, the team shall determine how to distribute the rate among its members.
No reimbursement received by contracted vendors shall be returned to the county or tribe,
except to reimburse the county or tribe for advance funding provided by the county or tribe
to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal staff,
and county or state staff, the costs for county or state staff participation in the team shall be
included in the rate for county-provided services. In this case, the contracted vendor, the
tribal agency, and the county may each receive separate payment for services provided by
each entity in the same month. In order to prevent duplication of services, each entity must
document, in the recipient's file, the need for team case management and a description of
the roles of the team members.
(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for
mental health case management shall be provided by the recipient's county of responsibility,
as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds
used to match other federal funds. If the service is provided by a tribal agency, the nonfederal
share, if any, shall be provided by the recipient's tribe. When this service is paid by the state
without a federal share through fee-for-service, 50 percent of the cost shall be provided by
the recipient's county of responsibility.
(i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance
and MinnesotaCare include mental health case management. When the service is provided
through prepaid capitation, the nonfederal share is paid by the state and the county pays no
share.
(j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider
that does not meet the reporting or other requirements of this section. The county of
responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency,
is responsible for any federal disallowances. The county or tribe may share this responsibility
with its contracted vendors.
(k) The commissioner shall set aside a portion of the federal funds earned for county
expenditures under this section to repay the special revenue maximization account under
section 256.01, subdivision 2, paragraph (n). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
(l) Payments to counties and tribal agencies for case management expenditures under
this section shall only be made from federal earnings from services provided under this
section. When this service is paid by the state without a federal share through fee-for-service,
50 percent of the cost shall be provided by the state. Payments to county-contracted vendors
shall include the federal earnings, the state share, and the county share.
(m) Case management services under this subdivision do not include therapy, treatment,
legal, or outreach services.
(n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,
and the recipient's institutional care is paid by medical assistance, payment for case
management services under this subdivision is limited to the lesser of:
(1) the last 180 days of the recipient's residency in that facility and may not exceed more
than six months in a calendar year; or
(2) the limits and conditions which apply to federal Medicaid funding for this service.
(o) Payment for case management services under this subdivision shall not duplicate
payments made under other program authorities for the same purpose.
(p) If the recipient is receiving care in a hospital, nursing facility, or residential setting
licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week,
mental health targeted case management services must actively support identification of
community alternatives for the recipient and discharge planning.
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0757, subdivision 4c, is amended to read:
(a) A behavioral health
home services provider must maintain staff with required professional qualifications
appropriate to the setting.
(b) If behavioral health home services are offered in a mental health setting, the
integration specialist must be a licensed nurse, as defined in section 148.171, subdivision
9.
(c) If behavioral health home services are offered in a primary care setting, the integration
specialist must be a mental health professional who is qualified according to section 245I.04,
subdivision 2.
(d) If behavioral health home services are offered in either a primary care setting or
mental health setting, the systems navigator must be a mental health practitioner who is
qualified according to section 245I.04, subdivision 4, or a community health worker as
defined in section 256B.0625, subdivision 49.
(e) If behavioral health home services are offered in either a primary care setting or
mental health setting, the qualified health home specialist must be one of the following:
(1) a mental health certified peer specialist who is qualified according to section 245I.04,
subdivision 10;
(2) a mental health certified family peer specialist who is qualified according to section
245I.04, subdivision 12;
(3) a case management associate as defined in section 245.462, subdivision 4, paragraph
(g), or 245.4871, subdivision 4, paragraph (j);
(4) a mental health rehabilitation worker who is qualified according to section 245I.04,
subdivision 14;
(5) a community paramedic as defined in section 144E.28, subdivision 9;
(6) a peer recovery specialist as defined in section deleted text begin 245G.07, subdivision 1, clause (5)deleted text end new text begin
245G.11, subdivision 8new text end ; or
(7) a community health worker as defined in section 256B.0625, subdivision 49.
new text begin
This section is effective July 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0761, subdivision 4, is amended to read:
(a) Services must be provided 90 days prior to an
individual's release date or, if an individual's confinement is less than 90 days, during the
time period between a medical assistance eligibility determination and the release to the
community.
(b) Facilities must offer the following services using either community-based or
corrections-based providers:
(1) case management activities to address physical and behavioral health needs, including
a comprehensive assessment of individual needs, development of a person-centered care
plan, referrals and other activities to address assessed needs, and monitoring and follow-up
activities;
(2) drug coverage in accordance with section 256B.0625, subdivision 13, including up
to a 30-day supply of drugs upon release;
(3) substance use disorder comprehensive assessments according to section 254B.05,
subdivision 5, paragraph (b), clause (2);
(4) treatment coordination services according to section 254B.05, subdivision 5, paragraph
(b), clause (3);
(5) peer recovery support services according to sections 245I.04, subdivisions 18 and
19, and 254B.05, subdivision 5, paragraph (b), clause (4);
(6) substance use disorder individual and group counseling provided according to sections
245G.07, subdivision 1, paragraph (a), clause (1), and 254B.05;
(7) mental health diagnostic assessments as required under section 245I.10;
(8) group and individual psychotherapy as required under section 256B.0671;
(9) peer specialist services as required under sections 245I.04 and 256B.0615;
(10) family planning and obstetrics and gynecology services; deleted text begin and
deleted text end
(11) physical health well-being and screenings and care for adults and youthdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(12) medications used for the treatment of opioid use disorder and nonmedication
treatment services for opioid use disorder under section 245G.22.
new text end
(c) Services outlined in this subdivision must only be authorized when an individual
demonstrates medical necessity or other eligibility as required under this chapter or applicable
state and federal laws.
Minnesota Statutes 2024, section 256I.04, subdivision 2a, is amended to read:
(a) Except as provided in paragraph
deleted text begin (b)deleted text end new text begin (c)new text end , an agency may not enter into an agreement with an establishment to provide housing
support unless:
(1) the establishment is licensed by the Department of Health as a hotel and restaurant;
a board and lodging establishment; a boarding care home before March 1, 1985; or a
supervised living facility, and the service provider for residents of the facility is licensed
under chapter 245A. However, an establishment licensed by the Department of Health to
provide lodging need not also be licensed to provide board if meals are being supplied to
residents under a contract with a food vendor who is licensed by the Department of Health;
(2) the residence is: (i) licensed by the commissioner of human services under Minnesota
Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services agency prior
to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 to 9555.6265;
(iii) licensed by the commissioner under Minnesota Rules, parts 2960.0010 to 2960.0120,
with a variance under section 245A.04, subdivision 9; or (iv) licensed under section 245D.02,
subdivision 4a, as a community residential setting by the commissioner of human services;
or
(3) the facility is licensed under chapter 144G and provides three meals a day.
new text begin
(b) Effective January 1, 2027, the commissioner may enter into housing support
agreements with a board and lodging establishment under section 256I.04, subdivision 2a,
paragraph (a), clause (1), that is also certified by the commissioner as a recovery residence,
subject to the requirements of section 256I.04, subdivisions 2a to 2f. When doing so, the
department of human services serves as the lead agency for the agreement.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The requirements under paragraph (a) do not apply to establishments exempt
from state licensure because they are:
(1) located on Indian reservations and subject to tribal health and safety requirements;
or
(2) supportive housing establishments where an individual has an approved habitability
inspection and an individual lease agreement.
deleted text begin (c)deleted text end new text begin (d)new text end Supportive housing establishments that serve individuals who have experienced
long-term homelessness and emergency shelters must participate in the homeless management
information system and a coordinated assessment system as defined by the commissioner.
deleted text begin (d)deleted text end new text begin (e)new text end Effective July 1, 2016, an agency shall not have an agreement with a provider of
housing support unless all staff members who have direct contact with recipients:
(1) have skills and knowledge acquired through one or more of the following:
(i) a course of study in a health- or human services-related field leading to a bachelor
of arts, bachelor of science, or associate's degree;
(ii) one year of experience with the target population served;
(iii) experience as a mental health certified peer specialist according to section 256B.0615;
or
(iv) meeting the requirements for unlicensed personnel under sections 144A.43 to
144A.483;
(2) hold a current driver's license appropriate to the vehicle driven if transporting
recipients;
(3) complete training on vulnerable adults mandated reporting and child maltreatment
mandated reporting, where applicable; and
(4) complete housing support orientation training offered by the commissioner.
Minnesota Statutes 2024, section 325F.725, is amended to read:
No person or entity may use the phrase deleted text begin "sober home,"deleted text end new text begin "recovery residence,"new text end whether
alone or in combination with other words and whether orally or in writing, to advertise,
market, or otherwise describe, offer, or promote itself, or any housing, service, service
package, or program that it provides within this state, unless the person or entity meets the
definition of a deleted text begin sober homedeleted text end new text begin recovery residencenew text end in section 254B.01, subdivision 11, and meets
the requirements of deleted text begin section 254B.181deleted text end new text begin sections 254B.21 to 254B.216new text end .
new text begin
This section is effective January 1, 2027.
new text end
new text begin
(a) The commissioner of human services must convene a workgroup to develop
recommendations specific to recovery residences. The workgroup must:
new text end
new text begin
(1) produce a report that examines how other states fund recovery residences, identifying
best practices and models that could be applicable to Minnesota;
new text end
new text begin
(2) engage with stakeholders to ensure meaningful collaboration with key external
stakeholders on the ideas being developed that will inform the final plan and
recommendations; and
new text end
new text begin
(3) create an implementable plan addressing housing needs for individuals in outpatient
substance use disorder treatment that includes:
new text end
new text begin
(i) clear strategies for aligning housing models with individual treatment needs;
new text end
new text begin
(ii) an assessment of funding streams, including potential federal funding sources;
new text end
new text begin
(iii) a timeline for implementation with key milestones and action steps;
new text end
new text begin
(iv) recommendations for future resource allocation to ensure long-term housing stability
for individuals in recovery;
new text end
new text begin
(v) specific recommendations for policy or legislative changes that may be required to
support sustainable recovery housing solutions, including challenges faced by recovery
residences resulting from state and local housing regulations and ordinances; and
new text end
new text begin
(vi) recommendations for potentially delegating the commissioner's recovery residence
certification duties under Minnesota Statutes, sections 254B.21 to 254B.216 to a third-party
organization.
new text end
new text begin
(b) The workgroup must include but is not limited to:
new text end
new text begin
(1) at least two designees from the Department of Human Services representing: (i)
behavioral health; and (ii) homelessness and housing and support services;
new text end
new text begin
(2) the commissioner of health or a designee;
new text end
new text begin
(3) two people who have experience living in a recovery residence;
new text end
new text begin
(4) representatives from at least three substance use disorder lodging facilities currently
operating in Minnesota;
new text end
new text begin
(5) three representatives from county social services agencies, at least one from inside
the seven-county metropolitan area and one from outside the seven-county metropolitan
area;
new text end
new text begin
(6) a representative from a Tribal social services agency;
new text end
new text begin
(7) representatives from the state affiliate of the National Alliance for Recovery
Residences; and
new text end
new text begin
(8) a representative from a state mental health advocacy or adult mental health provider
organization.
new text end
new text begin
(c) The workgroup must meet at least monthly and as necessary to fulfill its
responsibilities. The commissioner of human services must provide administrative support
and meeting space for the workgroup. The workgroup may conduct meetings remotely.
new text end
new text begin
(d) The commissioner of human services must make appointments to the workgroup by
October 1, 2025, and convene the first meeting of the workgroup by January 15, 2026.
new text end
new text begin
(e) The workgroup must submit a final report with recommendations to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance on or before January 1, 2027.
new text end
new text begin
(a) The commissioner of human services must evaluate and make recommendations on
ways to ensure that persons with substance use disorder have access to treatment coordination
and navigation services that improve access to:
new text end
new text begin
(1) acute withdrawal services;
new text end
new text begin
(2) physical health care coverage and services;
new text end
new text begin
(3) cognitive, behavioral, and emotional health care coverage and services;
new text end
new text begin
(4) relapse prevention services; and
new text end
new text begin
(5) recovery environment supports, including but not limited to employment, vocational
services, transportation, child care, affordable housing, economic assistance, financial
independence, and reconnection to community.
new text end
new text begin
(b) As part of the evaluation, the commissioner must assess and identify gaps in the
current substance use disorder service continuum including treatment coordination, health
care navigation services, and case management. The commissioner must evaluate
opportunities and make recommendations for developing, expanding, or integrating medical
assistance care coordination, navigation, and case management services.
new text end
new text begin
(c) The commissioner must submit a report on the evaluation and recommendations
under this section to the chairs and ranking minority members of the committees with
jurisdiction over health and human services by November 1, 2026. The report must outline
currently available treatment coordination and navigation services for persons with substance
use disorder, identify gaps in the substance use disorder service continuum, and recommend
new, expanded, or integrated benefits that align with evidence-based, holistic, and
person-centered approaches to substance use disorder recovery.
new text end
new text begin
(a) By July 15, 2025, the commissioner of human services must convene a working
group with participation from:
new text end
new text begin
(1) organizations operating psychiatric residential treatment facilities;
new text end
new text begin
(2) advocates;
new text end
new text begin
(3) health care experts;
new text end
new text begin
(4) juvenile detention experts;
new text end
new text begin
(5) county representatives;
new text end
new text begin
(6) at least one employee of Direct Care and Treatment appointed by the chief executive
officer of Direct Care and Treatment;
new text end
new text begin
(7) at least one employee of the Department of Health appointed by the commissioner
of health; and
new text end
new text begin
(8) at least two employees of the Department of Human Services, one of whom must
have expertise in behavioral health and one of whom must have expertise in licensing of
residential facilities.
new text end
new text begin
(b) By January 15, 2026, the psychiatric residential treatment facility working group
must submit a report and proposed legislative changes to the chairs and ranking minority
members of the legislative committees with jurisdiction over children's mental health and
juvenile detention. The submitted report must include recommendations:
new text end
new text begin
(1) to amend the state medical assistance plan to expand access to care provided in
psychiatric residential treatment facilities with consideration being given to enhancing
flexibilities to serve a continuum of mental health needs;
new text end
new text begin
(2) to develop licensing standards for psychiatric residential treatment facilities to reflect
needed flexibilities and broad inclusion of settings where care can be delivered in settings
operated by Direct Care and Treatment; and
new text end
new text begin
(3) to update the rate methodology for services provided in psychiatric residential
treatment facilities to assure high quality of care with required individualization.
new text end
new text begin
(c) When developing the recommendations required under paragraph (b), the working
group must:
new text end
new text begin
(1) consider how best to meet the needs of children with high levels of complexity,
aggression, and related barriers to being served by community providers; and
new text end
new text begin
(2) determine what would be required, including needed infrastructure, staffing, and
sustainable funding sources, to allow qualified residential treatment programs to transition
to a psychiatric residential treatment facility standard of care.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of human services must establish six new billing codes for
nonresidential substance use disorder individual and group counseling, psychoeducation,
and recovery support services. The commissioner must identify reimbursement rates for
the newly defined codes and update the substance use disorder fee schedule. The new billing
codes must correspond to a 15-minute unit and become effective for services provided on
or after July 1, 2026, or upon federal approval, whichever is later.
new text end
new text begin
The revisor of statutes shall change the terms "mental health practitioner" and "mental
health practitioners" to "behavioral health practitioner" or "behavioral health practitioners"
wherever they appear in Minnesota Statutes, chapter 245I.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 245G.01, subdivision 20d; 245G.07, subdivision
2; and 254B.01, subdivision 5,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2024, section 254B.04, subdivision 2a,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2024, section 254B.181,
new text end
new text begin
is repealed.
new text end
new text begin
Paragraph (a) is effective July 1, 2025, paragraph (b) is effective
July 1, 2027, and paragraph (c) is effective January 1, 2027.
new text end
Minnesota Statutes 2024, section 142A.02, subdivision 1, is amended to read:
new text begin (a) new text end The Department of Children, Youth, and Families is
established. The commissioner of children, youth, and families is hereby constituted the
"state agency" for the purposes of Title IV of the Social Security Act of the United States
and the laws of this state.
new text begin
(b) The commissioners of human services and children, youth, and families are hereby
constituted the "state agency" and the "joint interagency office" for purposes of background
studies under chapter 245C.
new text end
new text begin
(c) The commissioner of children, youth, and families is hereby constituted the "state
agency" for the purposes of administering the child care and development fund.
new text end
Minnesota Statutes 2024, section 142A.09, subdivision 1, is amended to read:
The commissioner of deleted text begin children, youth,
and families shall contract with the commissioner ofdeleted text end human services deleted text begin todeleted text end new text begin shallnew text end conduct
background studies of individuals specified in section 245C.03, subdivision 1, affiliated
with:
(1) a facility or program licensed or seeking a license under chapter 142B;
(2) a license-exempt child care center certified under chapter 142C; or
(3) a legal nonlicensed child care provider authorized under chapter 142E.
Minnesota Statutes 2024, section 245C.02, subdivision 7, is amended to read:
"Commissioner" deleted text begin has the meaning given in section 245A.02,
subdivision 5deleted text end new text begin means the commissioner of human servicesnew text end .
Minnesota Statutes 2024, section 245C.03, subdivision 6, is amended to read:
(a) The commissioner shall conduct background
studies deleted text begin ofdeleted text end new text begin onnew text end any individual whonew text begin is an owner who has at least a five percent ownership
stake, an operator, or an employee or volunteer whonew text end provides direct contact, as defined in
section 245C.02, subdivision 11, for services specified in the federally approved home and
community-based waiver plans under section 256B.4912. The individual studied must meet
the requirements of this chapter prior to providing waiver services and as part of ongoing
enrollment.
(b) The requirements in paragraph (a) apply to consumer-directed community supports
under section 256B.4911.
new text begin
(c) For purposes of this section, "operator" includes but is not limited to a managerial
officer who oversees the billing, management, or policies of the services provided.
new text end
Minnesota Statutes 2024, section 245C.03, subdivision 13, is amended to read:
The commissioner shall conduct
background studies deleted text begin ofdeleted text end new text begin onnew text end any deleted text begin provider ofdeleted text end new text begin individual who is an owner who has at least a five
percent ownership stake in, an operator of, or an employee or volunteer who provides direct
contactnew text end housing stabilization services required by section 256B.051 deleted text begin to have a background
study completed under this chapterdeleted text end .
Minnesota Statutes 2024, section 245C.03, subdivision 15, is amended to read:
The
commissioner shall conduct background studies according to this chapter deleted text begin when initiated by
andeleted text end new text begin on any individual who is an owner who has at least a five percent ownership stake in,
an operator of, or an employee or volunteer who provides direct contactnew text end early intensive
developmental and behavioral intervention deleted text begin providerdeleted text end new text begin servicesnew text end under section 256B.0949.
Minnesota Statutes 2024, section 245C.04, subdivision 6, is amended to read:
(a) Providers required to initiate background studies under section deleted text begin 256B.4912deleted text end new text begin
245C.03, subdivisions 6 and 13new text end must initiate a study using the electronic system known as
NETStudy new text begin 2.0 new text end before the individual begins in a position allowing direct contact with persons
served by the provider.new text begin New providers must initiate a study under this subdivision before
initial enrollment if the provider has not already initiated background studies as part of the
service licensure requirements.
new text end
(b) Except as provided in paragraphs (c) and (d), the providers must initiate a background
study annually of an individual required to be studied under section 245C.03, subdivision
6.
(c) After an initial background study under this subdivision is initiated on an individual
by a provider of both services licensed by the commissioner and the unlicensed services
under this subdivision, a repeat annual background study is not required if:
(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 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
(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 criminal convictions as required under section 245C.05, subdivision
7.
deleted text begin
(d) A provider who initiates background studies through NETStudy 2.0 is exempt from
the requirement to initiate annual background studies under paragraph (b) for individuals
who are on the provider's active roster.
deleted text end
Minnesota Statutes 2024, section 245C.04, is amended by adding a subdivision to
read:
new text begin
Providers required to initiate background studies under section 245C.03,
subdivision 15, must initiate a study using the electronic system known as NETStudy 2.0
before the individual begins in a position operating or allowing direct contact with persons
served by the provider or before the individual becomes an operator or acquires five percent
or more ownership.
new text end
Minnesota Statutes 2024, section 245C.08, subdivision 5, is amended to read:
The commissioner deleted text begin of human servicesdeleted text end shall be authorized to
receive information under this chapter.
Minnesota Statutes 2024, section 245C.10, is amended by adding a subdivision
to read:
new text begin
The commissioner shall recover
the cost of a background study required for child foster care and adoption studies through
a fee of no more than $44 per study. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
new text end
Minnesota Statutes 2024, section 245C.13, subdivision 2, is amended to read:
The subject of a
background study may not perform any activity requiring a background study under
paragraph (c) until the commissioner has issued one of the notices under paragraph (a).
(a) Notices from the commissioner required prior to activity under paragraph (c) include:
(1) a notice of the study results under section 245C.17 stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice
that more time is needed to complete the study must also indicate whether the individual is
required to be under continuous direct supervision prior to completion of the background
study. When more time is necessary to complete a background study of an individual
affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
the individual may not work in the facility or setting regardless of whether or not the
individual is supervised;
(2) a notice that a disqualification has been set aside under section 245C.23; or
(3) a notice that a variance has been granted related to the individual under section
245C.30.
(b) For a background study affiliated with a licensed child care center or certified
license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii),
new text begin must not be issued until the commissioner receives a qualifying result for the individual for
the fingerprint-based national criminal history record check or the fingerprint-based criminal
history information from the Bureau of Criminal Apprehension. The notice new text end must require
the individual to be under continuous direct supervision prior to completion of new text begin the remainder
of new text end the background study except as permitted in subdivision 3.
(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will be provided;
(3) providing direct contact services to persons served by a program unless the subject
is under continuous direct supervision;
(4) having access to persons receiving services if the background study was completed
under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2),
(5), or (6), unless the subject is under continuous direct supervision;
(5) for licensed child care centers and certified license-exempt child care centers,
providing direct contact services to persons served by the program;
(6) for children's residential facilities or foster residence settings, working in the facility
or setting; deleted text begin or
deleted text end
(7) for background studies affiliated with a personal care provider organization, except
as provided in section 245C.03, subdivision 3b, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study of
the personal care assistant under this chapter and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:
(i) not disqualified under section 245C.14; or
(ii) disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) for background studies affiliated with an early intensive developmental and behavioral
intervention provider, before an individual provides services, the early intensive
developmental and behavioral intervention provider must initiate a background study for
the individual under this chapter and the early intensive developmental and behavioral
intervention provider must have received a notice from the commissioner that the individual
is:
new text end
new text begin
(i) not disqualified under section 245C.14; or
new text end
new text begin
(ii) disqualified, but the individual has received a set-aside of the disqualification under
section 245C.22.
new text end
new text begin
The amendment to paragraph (b) is effective January 15, 2026.
The amendment to paragraph (c) is effective August 5, 2025.
new text end
Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision
to read:
new text begin
An individual is disqualified under section
245C.14, subdivision 6, if less than two years have passed since a determination that the
individual violated section 142A.12, 245.095, or 256B.064.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245C.14, is amended by adding a subdivision
to read:
new text begin
The commissioner shall
disqualify an individual who is the subject of a background study from any position involving
ownership, management, or control of a program or billing activities if a background study
completed under this chapter shows a violation of section 142A.12, 245.095, or 256B.064.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245C.15, subdivision 1, is amended to read:
(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.247,
subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.322
(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other
prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual
extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest);
a felony offense under 609.377 (malicious punishment of a child);new text begin 609.3775 (child torture);new text end
a felony offense under 609.378 (neglect or endangerment of a child); 609.561 (arson in the
first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
(felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1)
(indecent exposure involving a minor); 617.246 (use of minors in sexual performance
prohibited); 617.247 (possession of pictorial representations of minors); or, for a child care
background study subject, conviction of a crime that would make the individual ineligible
for employment under United States Code, title 42, section 9858f, except for a felony drug
conviction, regardless of whether a period of disqualification under subdivisions 2 to 4,
would apply if the individual were not a child care background study subject.
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.
(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245C.14.
(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
(f) A child care background study subject shall be disqualified if the individual is
registered, or required to be registered, on a state sex offender registry or repository or the
National Sex Offender Registry.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245C.15, subdivision 4a, is amended to read:
(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree);
609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex
trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual
conduct); 609.377 (malicious punishment of a child);new text begin 609.3775 (child torture);new text end 609.378
(neglect or endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision
1 (burglary in the first degree); 609.746 (interference with privacy); 617.23 (indecent
exposure); 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession
of pictorial representations of minors).
(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:
(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;
(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or
(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).
(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);
609.247, subdivision 4 (carjacking in the third degree); 609.322, subdivision 1a (solicitation,
inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498,
subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b
(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563
(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66
(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,
subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting
at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:
(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);
(2) a violation of an order for protection under section 518B.01, subdivision 14;
(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;
(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision, the disqualification begins from:
(1) the date of the alleged violation, if the individual was not convicted;
(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or
(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.
Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.
(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).
(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245C.22, subdivision 3, is amended to read:
In reviewing a request for reconsideration of a disqualification, the commissioner
shall give preeminent weight to the safety of each person served by the license holder,
applicant, or other entities as provided in this chapternew text begin and to program integrity through
protection of state and federal money supporting the programnew text end over the interests of the
disqualified individual, license holder, applicant, or other entity as provided in this chapter,
and any single factor under subdivision 4, paragraph (b), may be determinative of the
commissioner's decision whether to set aside the individual's disqualification.
Minnesota Statutes 2024, section 245C.22, subdivision 8, is amended to read:
(a) The following
commissioners shall be responsible for deleted text begin conductingdeleted text end new text begin making final agency decisions on
background studynew text end reconsiderations and new text begin defending new text end appeals of background deleted text begin studies for programs
under their jurisdictionsdeleted text end new text begin study determinationsnew text end :
(1) the commissioner of human services for new text begin all new text end programs under deleted text begin section 245C.03,
subdivision 1deleted text end new text begin this chapter, unless otherwise specified in this subdivisionnew text end ;
(2) the commissioner of health for programs under section 245C.03, subdivision 5a;
(3) the commissioner of corrections for programs under section 245C.03, subdivision
5b; and
(4) the commissioner of the children, youth, and families for programs under section
245C.03, subdivision 5c.
(b) The commissioner of human services shall share all relevant background study data
to allow the commissioners specified in paragraph (a) to complete reconsiderations and
appeals for programs licensed or regulated by their agencies.
Minnesota Statutes 2024, section 609A.015, subdivision 4, is amended to read:
(a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
substance; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
(c) If any party gives notification under this subdivision, the notification shall inform
the person that:
(1) a record expunged under this section may be opened for purposes of a background
study by the Department of Human Servicesnew text begin ; the Department of Children, Youth, and
Families;new text end or the Department of Health under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as required
under section 122A.18, subdivision 8; and
(2) the person can file a petition under section 609A.03, subject to the process in section
609A.03 and the limitations in section 609A.02, to expunge the records held by the
commissioner of human servicesdeleted text begin ,deleted text end new text begin ; the commissioner of children, youth, and families;new text end the
commissioner of healthdeleted text begin ,deleted text end new text begin ;new text end and the Professional Educator Licensing and Standards Board.
Minnesota Statutes 2024, section 609A.055, subdivision 3, is amended to read:
(a) The Bureau of Criminal
Apprehension shall grant expungement relief to each qualifying person whose records the
bureau possesses and seal the bureau's records without requiring an application, petition,
or motion. The bureau shall seal records related to an expungement within 60 days after the
bureau sent notice of the expungement to the judicial branch pursuant to subdivision 2,
paragraph (b), unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.
(b) Nonpublic criminal records maintained by the bureau and subject to a grant of
expungement relief must display a notation stating "expungement relief granted pursuant
to section 609A.055."
(c) The bureau shall inform the judicial branch of all cases that are granted expungement
relief pursuant to this section. The bureau may notify the judicial branch using electronic
means and may notify the judicial branch immediately or in a monthly report. Upon receiving
notice of an expungement, the judicial branch shall seal all related records, including records
of the person's arrest, indictment, trial, verdict, and dismissal or discharge of the case. Upon
receiving notice of an expungement, the judicial branch shall issue any order necessary to
seal related records. The judicial branch shall not order the Department of Healthnew text begin ; the
Department of Children, Youth, and Families;new text end or the Department of Human Services to seal
records under this section.
(d) The bureau shall inform each arresting or citing law enforcement agency or
prosecutorial office with records affected by the grant of expungement relief issued pursuant
to paragraph (a) that expungement has been granted. The bureau shall notify each agency
or office of an expungement within 60 days after the bureau sent notice of the expungement
to the judicial branch. The bureau may notify each agency or office using electronic means.
Upon receiving notification of an expungement, an agency or office shall seal all records
related to the expungement, including the records of the person's arrest, indictment, trial,
verdict, and dismissal or discharge of the case.
(e) The bureau shall provide information on its publicly facing website clearly stating
that persons who are noncitizens may need copies of records affected by a grant of
expungement relief for immigration purposes, explaining how they can obtain these copies
after expungement or other granted relief, and stating that a noncitizen should consult with
an immigration attorney.
(f) Data on a person whose offense has been expunged under this subdivision, including
any notice sent pursuant to paragraph (d), are private data on individuals as defined in section
13.02, subdivision 12.
(g) Section 609A.03, subdivision 6, applies to an order issued under this section sealing
the record of proceedings under section 152.18.
(h) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply
to an order issued under this section.
(i) The subject whose record qualifies for expungement shall be given access to copies
of the records of arrest, conviction, or incarceration for any purposes, including immigration
purposes.
(j) Relief granted under this subdivision shall not impact the ability of a petitioner to
file for relief under section 590.01.
Minnesota Statutes 2024, section 13.46, subdivision 2, is amended to read:
(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent deleted text begin of the welfare system and andeleted text end new text begin ornew text end investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs, and prepare
the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
17, section 6. The following information may be disclosed under this paragraph: an
individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
identification numbers, income, addresses, and other data as required, upon request by the
Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
of human services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;
(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; Direct Care and
Treatment; and, when applicable, the Department of Education, for the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
256B or 256L; and
(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;
(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;
(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal law;
or
(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 142A.29,
subdivision 7;
(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section 518A.81, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;
(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;
(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 142E may disseminate data on program participants,
applicants, and providers to the commissioner of education;
(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;
(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;
(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;
(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or
(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:
(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and
(ii) to provide for reimbursement of special transportation service provided under section
473.386.
The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.
(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.
Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to statute or valid court order;
(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;
(4) to an agent deleted text begin of the welfare systemdeleted text end or deleted text begin andeleted text end investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services or commissioner of children, youth, and families determines
that disclosure may compromise a Department of Human Services or Department of Children,
Youth, and Families ongoing investigation; or
(5) to provide notices required or permitted by statute.
The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
mental health and developmental disabilities upon the request of the ombudsman.
(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services of possible overpayments of public funds to a service
provider or recipient new text begin or the reduction or withholding of payments new text end may be disclosed if the
commissioner determines that it will not compromise the investigation.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245.095, subdivision 5, is amended to read:
(a) Except as otherwise provided by state or federal
law, the commissioner may withhold payments to a provider, vendor, individual, associated
individual, or associated entity in any program administered by the commissioner if the
commissioner determinesnew text begin :
new text end
new text begin (1)new text end there is a credible allegation of fraud for which an investigation is pending for a
program administered by a Minnesota state or federal agencydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) the individual, the entity, or an associated individual or entity was convicted of a
crime charged in state or federal court with an offense that involves fraud or theft against
a program administered by the commissioner or another Minnesota state or federal agency.
For purposes of this subdivision, "convicted" means a judgment of conviction has been
entered by a federal, state, or local court, regardless of whether an appeal from the judgment
is pending, and includes a stay of adjudication, a court-ordered diversion program, or a plea
of guilty or nolo contendere;
new text end
new text begin
(3) the provider is operating after a Minnesota state or federal agency orders the
suspension, revocation, or decertification of the provider's license;
new text end
new text begin
(4) the provider, vendor, associated individual, or associated entity, including those
receiving funds under any contract or registered program, has a background study
disqualification under chapter 245C that has not been set aside and for which no variance
has been issued, except for a disqualification under sections 245C.14, subdivision 5, and
245C.15, subdivision 4c; or
new text end
new text begin
(5) by a preponderance of the evidence that the provider, vendor, individual, associated
individual, or associated entity intentionally provided materially false information on the
provider's billing forms.
new text end
(b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
that has been verified by the commissioner from any source, including but not limited to:
(1) fraud hotline complaints;
(2) claims data mining;
(3) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations; and
(4) court filings and other legal documents, including but not limited to police reports,
complaints, indictments, informations, affidavits, declarations, and search warrants.
(c) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
(1) state that payments are being withheld according to this subdivision;
(2) set forth the general allegations related to the withholding action, except the notice
need not disclose specific information concerning an ongoing investigation;
(3) state that the withholding is for a temporary period and cite the circumstances under
which the withholding will be terminated; and
(4) inform the provider, vendor, individual, associated individual, or associated entity
of the right to submit written evidence to contest the withholding action for consideration
by the commissioner.
(d) If the commissioner withholds payments under this subdivision, the provider, vendor,
individual, associated individual, or associated entity has a right to request administrative
reconsideration. A request for administrative reconsideration must be made in writing, state
with specificity the reasons the payment withholding decision is in error, and include
documents to support the request. Within 60 days from receipt of the request, the
commissioner shall judiciously review allegations, facts, evidence available to the
commissioner, and information submitted by the provider, vendor, individual, associated
individual, or associated entity to determine whether the payment withholding should remain
in place.
(e) The commissioner shall stop withholding payments if the commissioner determines
there is insufficient evidence of fraud by the provider, vendor, individual, associated
individual, or associated entity or when legal proceedings relating to the alleged fraud are
completed, unless the commissioner has sent notice under subdivision 3 to the provider,
vendor, individual, associated individual, or associated entity.
(f) The withholding of payments is a temporary action and is not subject to appeal under
section 256.045 or chapter 14.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 245.095, is amended by adding a subdivision to
read:
new text begin
The commissioner may exchange information, including claims
data, with state or federal agencies, professional boards, departments, or programs for the
purpose of investigating or prosecuting a criminal, civil, or administrative proceeding related
to suspected fraud or exclusion from any program administered by a state or federal agency.
new text end
Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner must
not issue an initial license for an individual, organization, or government entity seeking
licensure under this chapter and must not add a new service to an existing license when the
commissioner determines that exceptional growth in applications for licensure or requests
to add new services exceeds the determined need for service capacity. The determined need
for service capacity may be limited to a specific region, service focus, or other factors as
determined by the commissioner. A temporary licensing moratorium issued under this
subdivision is effective for a period of up to 24 months from the date the commissioner
issues the moratorium.
new text end
new text begin
(b) Any applicant that will not receive a license due to a temporary licensing moratorium
issued under paragraph (a) may apply for a refund of licensing application fees for up to
one year from the date the commissioner issues the moratorium.
new text end
new text begin
(c) The commissioner must notify the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services at least 30 days
prior to issuing a temporary moratorium under this subdivision and publish notice of the
moratorium on the department's website. The notice must include:
new text end
new text begin
(1) a list of all license types to which the moratorium will apply;
new text end
new text begin
(2) the proposed start date of the moratorium; and
new text end
new text begin
(3) the anticipated duration of the moratorium.
new text end
new text begin
(d) The commissioner must establish and make publicly available the processes and
criteria the commissioner will use to grant exceptions to a temporary moratorium issued
under this subdivision.
new text end
Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read:
(a) An individual, organization, or government
entity that is subject to licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section 245A.043.
The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.new text begin If the applicant or a controlling individual is the subject of a pending
administrative, civil, or criminal investigation, the application is not complete until the
investigation has closed or the related legal proceedings are complete.
new text end
When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 245A.043.
(b) An application for licensure must identify all controlling individuals as defined in
section 245A.02, subdivision 5a, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.
(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.
(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.
(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C. Upon implementation of the
provider licensing and reporting hub, applicants and license holders must use the hub in the
manner prescribed by the commissioner. The commissioner may require the applicant,
except for child foster care, to demonstrate competence in the applicable licensing
requirements by successfully completing a written examination. The commissioner may
develop a prescribed written examination format.
(f) When an applicant is an individual, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;
(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;
(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and
(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
(g) When an applicant is an organization, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;
(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual;
(4) if applicable, the applicant's NPI number and UMPI number;
(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; and
(6) the notarized signature of the applicant or authorized agent.
(h) When the applicant is a government entity, the applicant must provide:
(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;
(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and
(4) if applicable, the applicant's NPI number and UMPI number.
(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:
(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and
(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:
(i) a correction order or a conditional license under section 245A.06, or sanctions under
section 245A.07;
(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;
(iii) recovery of payments made for the service;
(iv) disenrollment in the public payment program; or
(v) other administrative, civil, or criminal penalties as provided by law.
Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read:
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of licensenew text begin , and the specific service the license holder is licensed to providenew text end ;
(5) the maximum number and ages of persons that may receive services from the program;
and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 4,
paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
(2) been denied a license under this chapter or chapter 142B within the past two years;
(3) had a license issued under this chapter or chapter 142B revoked within the past five
years; or
(4) failed to submit the information required of an applicant under subdivision 1,
paragraph (f), (g), or (h), after being requested by the commissioner.
When a license issued under this chapter or chapter 142B is revoked, the license holder
and each affiliated controlling individual with a revoked license may not hold any license
under chapter 245A for five years following the revocation, and other licenses held by the
applicant or license holder or licenses affiliated with each controlling individual shall also
be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules
and (2) the program's continued operation is in the best interests of the community being
served.
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and rules
and (2) the program's operation would be in the best interests of the community to be served.
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.
(i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
(k) Unless otherwise specified by statute, all licenses issued under this chapter expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.
(l) The commissioner shall not issue or reissue a license under this chapter if it has been
determined that a Tribal licensing authority has established jurisdiction to license the program
or service.
(m) The commissioner of human services may coordinate and share data with the
commissioner of children, youth, and families to enforce this section.
Minnesota Statutes 2024, section 245A.043, is amended by adding a subdivision
to read:
new text begin
(a) After a change in ownership under
subdivision 2, paragraph (a), the commissioner may complete a review for all new license
holders within 12 months after the new license is issued.
new text end
new text begin
(b) For all license holders subject to the exception in subdivision 2, paragraph (b), the
license holder must notify the commissioner of the date of the change in controlling
individuals pursuant to section 245A.04, subdivision 7a, and the commissioner may complete
a review within 12 months following the change.
new text end
Minnesota Statutes 2024, section 245A.05, is amended to read:
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 142E and
245C; deleted text begin or
deleted text end
(10) is prohibited from holding a license according to section 245.095new text begin ; or
new text end
new text begin (11) is the subject of a pending administrative, civil, or criminal investigationnew text end .
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail, by personal service, or through the provider licensing and
reporting hub. The notice must state the reasons the application was denied and must inform
the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
commissioner in writing by certified mail, by personal service, or through the provider
licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the
commissioner within 20 calendar days after the applicant received the notice of denial. If
an appeal request is made by personal service, it must be received by the commissioner
within 20 calendar days after the applicant received the notice of denial. If the order is issued
through the provider hub, the appeal must be received by the commissioner within 20
calendar days from the date the commissioner issued the order through the hub. Section
245A.08 applies to hearings held to appeal the commissioner's denial of an application.
Minnesota Statutes 2024, section 245A.07, subdivision 2, is amended to read:
(a) The commissioner shall act immediately
to temporarily suspend a license issued under this chapter if:
(1) the license holder'snew text begin or controlling individual'snew text end actions or failure to comply with
applicable law or rule, or the actions of other individuals or conditions in the program, pose
an imminent risk of harm to the health, safety, or rights of persons served by the program;
(2) while the program continues to operate pending an appeal of an order of revocation,
the commissioner identifies one or more subsequent violations of law or rule which may
adversely affect the health or safety of persons served by the program; or
(3) the license holdernew text begin or controlling individualnew text end is criminally charged in state or federal
court with an offense that involves fraud or theft against a program administered by deleted text begin the
commissionerdeleted text end new text begin a state or federal agencynew text end .
(b) No state funds shall be made available or be expended by any agency or department
of state, county, or municipal government for use by a license holder regulated under this
chapter while a license issued under this chapter is under immediate suspension. A notice
stating the reasons for the immediate suspension and informing the license holder of the
right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612, must be delivered by personal service to the address shown on the application
or the last known address of the license holder. The license holder may appeal an order
immediately suspending a license. The appeal of an order immediately suspending a license
must be made in writing by certified mail, personal service, or other means expressly set
forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to the
commissioner within five calendar days after the license holder receives notice that the
license has been immediately suspended. If a request is made by personal service, it must
be received by the commissioner within five calendar days after the license holder received
the order. A license holder and any controlling individual shall discontinue operation of the
program upon receipt of the commissioner's order to immediately suspend the license.
new text begin
(c) The commissioner may act immediately to temporarily suspend a license issued
under this chapter if the license holder or controlling individual is the subject of a pending
administrative, civil, or criminal investigation or subject to an administrative or civil action
related to fraud against a program administered by a state or federal agency.
new text end
Minnesota Statutes 2024, section 245A.10, subdivision 2, is amended to read:
(a) For purposes of
adult foster care and child foster residence setting licensingnew text begin , family adult day services,
family adult foster care,new text end and licensing the physical plant of a community residential settingnew text begin
or residential services facilitynew text end , under this chapter, a county agency may charge a fee to a
corporate applicant or corporate license holder to recover the actual cost of licensing
inspections, not to exceed deleted text begin $500deleted text end new text begin $2,100new text end annually.new text begin Of this amount, 50 percent must be allocated
to the county agency and 50 percent must be deposited as required under subdivision 8.
new text end
(b) Counties may elect to reduce or waive the fees in paragraph (a) under the following
circumstances:
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the county's area; or
(3) for new providers.
Minnesota Statutes 2024, section 245A.10, subdivision 3, is amended to read:
(a) new text begin Except as provided in
paragraph (d), new text end for fees required under subdivision 1, an applicant for an initial license or
certification issued by the commissioner shall submit a deleted text begin $500deleted text end new text begin $2,100new text end application fee with
each new application required under this subdivision. deleted text begin An applicant for an initial day services
facility license under chapter deleted text end deleted text begin 245Ddeleted text end deleted text begin shall submit a $250 application fee with each new
application.deleted text end new text begin A new application fee must be submitted for each new license holder on the
license when a partial change of ownership occurs.new text end The application fee shall not be prorated,
is nonrefundable, and is in lieu of the annual license or certification fee that expires on
December 31. The commissioner shall not process an application until the application fee
is paid.
(b) Except as provided in paragraph (c), an applicant shall apply for a license to provide
services at a specific location.
(c) For a license to provide home and community-based services to persons with
disabilities or age 65 and older under chapter 245D, an applicant shall submit an application
to provide services statewide.
new text begin
(d) For fees required under subdivision 1, an applicant for an initial license or certification
issued by the commissioner for children's residential facility or mental health clinic licensure
or certification shall submit a $500 application fee with each new application required under
this subdivision.
new text end
Minnesota Statutes 2024, section 245A.10, subdivision 4, is amended to read:
(a)(1) A program licensed
to provide one or more of the home and community-based services and supports identified
under chapter 245D to persons with disabilities or age 65 and older, shall pay an annual
nonrefundable license fee based on revenues derived from the provision of services that
would require licensure under chapter 245D during the calendar year immediately preceding
the year in which the license fee is paid, according to the following schedule:
License Holder Annual Revenue |
License Fee |
|
less than or equal to $10,000 |
deleted text begin
$200 deleted text end new text begin $250 new text end |
|
greater than $10,000 but less than or equal to $25,000 |
deleted text begin
$300 deleted text end new text begin $375 new text end |
|
greater than $25,000 but less than or equal to $50,000 |
deleted text begin
$400 deleted text end new text begin $500 new text end |
|
greater than $50,000 but less than or equal to $100,000 |
deleted text begin
$500 deleted text end new text begin $625 new text end |
|
greater than $100,000 but less than or equal to $150,000 |
deleted text begin
$600 deleted text end new text begin $750 new text end |
|
greater than $150,000 but less than or equal to $200,000 |
deleted text begin
$800 deleted text end new text begin $1,000 new text end |
|
greater than $200,000 but less than or equal to $250,000 |
deleted text begin
$1,000 deleted text end new text begin $1,250 new text end |
|
greater than $250,000 but less than or equal to $300,000 |
deleted text begin
$1,200 deleted text end new text begin $1,500 new text end |
|
greater than $300,000 but less than or equal to $350,000 |
deleted text begin
$1,400 deleted text end new text begin $1,750 new text end |
|
greater than $350,000 but less than or equal to $400,000 |
deleted text begin
$1,600 deleted text end new text begin $2,000 new text end |
|
greater than $400,000 but less than or equal to $450,000 |
deleted text begin
$1,800 deleted text end new text begin $2,250 new text end |
|
greater than $450,000 but less than or equal to $500,000 |
deleted text begin
$2,000 deleted text end new text begin $2,500 new text end |
|
greater than $500,000 but less than or equal to $600,000 |
deleted text begin
$2,250 deleted text end new text begin $2,850 new text end |
|
greater than $600,000 but less than or equal to $700,000 |
deleted text begin
$2,500 deleted text end new text begin $3,200 new text end |
|
greater than $700,000 but less than or equal to $800,000 |
deleted text begin
$2,750 deleted text end new text begin $3,600 new text end |
|
greater than $800,000 but less than or equal to $900,000 |
deleted text begin
$3,000 deleted text end new text begin $3,900 new text end |
|
greater than $900,000 but less than or equal to $1,000,000 |
deleted text begin
$3,250 deleted text end new text begin $4,250 new text end |
|
greater than $1,000,000 but less than or equal to $1,250,000 |
deleted text begin
$3,500 deleted text end new text begin $4,550 new text end |
|
greater than $1,250,000 but less than or equal to $1,500,000 |
deleted text begin
$3,750 deleted text end new text begin $4,900 new text end |
|
greater than $1,500,000 but less than or equal to $1,750,000 |
deleted text begin
$4,000 deleted text end new text begin $5,200 new text end |
|
greater than $1,750,000 but less than or equal to $2,000,000 |
deleted text begin
$4,250 deleted text end new text begin $5,500 new text end |
|
greater than $2,000,000 but less than or equal to $2,500,000 |
deleted text begin
$4,500 deleted text end new text begin $5,900 new text end |
|
greater than $2,500,000 but less than or equal to $3,000,000 |
deleted text begin
$4,750 deleted text end new text begin $6,200 new text end |
|
greater than $3,000,000 but less than or equal to $3,500,000 |
deleted text begin
$5,000 deleted text end new text begin $6,500 new text end |
|
greater than $3,500,000 but less than or equal to $4,000,000 |
deleted text begin
$5,500 deleted text end new text begin $7,200 new text end |
|
greater than $4,000,000 but less than or equal to $4,500,000 |
deleted text begin
$6,000 deleted text end new text begin $7,800 new text end |
|
greater than $4,500,000 but less than or equal to $5,000,000 |
deleted text begin
$6,500 deleted text end new text begin $9,000 new text end |
|
greater than $5,000,000 but less than or equal to $7,500,000 |
deleted text begin
$7,000 deleted text end new text begin $10,000 new text end |
|
greater than $7,500,000 but less than or equal to $10,000,000 |
deleted text begin
$8,500 deleted text end new text begin $14,000 new text end |
|
greater than $10,000,000 but less than or equal to $12,500,000 |
deleted text begin
$10,000 deleted text end new text begin $18,000 new text end |
|
greater than $12,500,000 but less than or equal to $15,000,000 |
deleted text begin
$14,000 deleted text end new text begin $25,000 new text end |
|
greater than $15,000,000new text begin but less than or equal to $17,500,000 new text end |
deleted text begin
$18,000 deleted text end new text begin $28,000 new text end |
|
new text begin
greater than $17,500,000 but less than $20,000,000 new text end |
new text begin
$32,000 new text end |
|
new text begin
greater than $20,000,000 but less than $25,000,000 new text end |
new text begin
$36,000 new text end |
|
new text begin
greater than $25,000,000 but less than $30,000,000 new text end |
new text begin
$45,000 new text end |
|
new text begin
greater than $30,000,000 but less than $35,000,000 new text end |
new text begin
$55,000 new text end |
|
new text begin
greater than $35,000,000 new text end |
new text begin
$75,000 new text end |
(2) If requested, the license holder shall provide the commissioner information to verify
the license holder's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee,
and not provide annual revenue information to the commissioner.
(4) A license holder that knowingly provides the commissioner incorrect revenue amounts
for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount
of double the fee the provider should have paid.
(b) A new text begin residential new text end substance use disorder treatment program licensed under chapter 245G,
to provide substance use disorder treatment shall pay an annual nonrefundable license fee
based on the following schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
deleted text begin
$600 deleted text end new text begin $2,600 new text end |
|
25 to 49 persons |
deleted text begin
$800 deleted text end new text begin $3,000 new text end |
|
50 to 74 persons |
deleted text begin
$1,000 deleted text end new text begin $5,000 new text end |
|
75 to 99 persons |
deleted text begin
$1,200 deleted text end new text begin $10,000 new text end |
|
100 deleted text begin or more personsdeleted text end new text begin to 199 persons new text end |
deleted text begin
$1,400 deleted text end new text begin $15,000 new text end |
|
new text begin
200 or more persons new text end |
new text begin
$20,000 new text end |
new text begin
(c) A nonresidential substance use disorder treatment program licensed under chapter
245G to provide substance use disorder treatment shall pay an annual nonrefundable license
fee of $2,600.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end A detoxification program licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, or a withdrawal management program licensed under chapter 245F shall pay
an annual nonrefundable license fee based on the following schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
deleted text begin
$760 deleted text end new text begin $2,600 new text end |
|
25 to 49 persons |
deleted text begin
$960 deleted text end new text begin $3,000 new text end |
|
50 or more persons |
deleted text begin
$1,160 deleted text end new text begin $5,000 new text end |
A detoxification program that also operates a withdrawal management program at the same
location shall only pay one fee based upon the licensed capacity of the program with the
higher overall capacity.
deleted text begin (d)deleted text end new text begin (e) new text end A children's residential facility licensed under Minnesota Rules, chapter 2960,
to serve children shall pay an annual nonrefundable license fee based on the following
schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$1,000 |
|
25 to 49 persons |
$1,100 |
|
50 to 74 persons |
$1,200 |
|
75 to 99 persons |
$1,300 |
|
100 or more persons |
$1,400 |
deleted text begin (e)deleted text end new text begin (f)new text end A residential facility licensed under section 245I.23 or Minnesota Rules, parts
9520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual
nonrefundable license fee based on the following schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
deleted text begin
$2,525 deleted text end new text begin $2,600 new text end |
|
25 deleted text begin or more personsdeleted text end new text begin to 49 persons new text end |
deleted text begin
$2,725 deleted text end new text begin $3,000 new text end |
|
new text begin
50 or more persons new text end |
new text begin
$20,000 new text end |
deleted text begin (f)deleted text end new text begin (g)new text end A residential facility licensed under Minnesota Rules, parts 9570.2000 to
9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
license fee based on the following schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$450 |
|
25 to 49 persons |
$650 |
|
50 to 74 persons |
$850 |
|
75 to 99 persons |
$1,050 |
|
100 or more persons |
$1,250 |
deleted text begin (g)deleted text end new text begin (h)new text end A program licensed as an adult day care center licensed under Minnesota Rules,
parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the
following schedule:
Licensed Capacity |
License Fee |
|
1 to 24 persons |
$500 |
|
25 to 49 persons |
$700 |
|
50 to 74 persons |
$900 |
|
75 to 99 persons |
$1,100 |
|
100 or more persons |
$1,300 |
deleted text begin (h)deleted text end new text begin (i)new text end A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
deleted text begin (i)deleted text end new text begin (j)new text end A mental health clinic certified under section 245I.20 shall pay an annual
nonrefundable certification fee of $1,550. If the mental health clinic provides services at a
primary location with satellite facilities, the satellite facilities shall be certified with the
primary location without an additional charge.
new text begin
(k) If a program subject to annual fees under paragraph (b), (c), (d), or (f) provides
services at a primary location with satellite facilities, the satellite facilities shall be licensed
with the primary location and shall be subject to an additional $500 annual nonrefundable
license fee per satellite facility.
new text end
Minnesota Statutes 2024, section 245A.10, subdivision 8, is amended to read:
A human services licensing new text begin and program integrity
new text end account is created in the state government special revenue fund. Fees collected under
subdivisions 3 and 4 must be deposited in the human services licensingnew text begin and program integritynew text end
account and are annually appropriated to the commissioner for licensing activities authorized
under this chapternew text begin and program integrity activitiesnew text end .
Minnesota Statutes 2024, section 254B.06, is amended by adding a subdivision
to read:
new text begin
(a) For time-based claims,
submissions must follow the guidelines in the Centers for Medicare and Medicaid Services'
Healthcare Common Procedure Coding System and the American Medical Association's
Current Procedural Terminology to determine the appropriate units of time to report.
new text end
new text begin
(b) More than half the duration of a time-based code must be spent performing the service
to be eligible under this section. Any provision of service during the remaining balance of
the unit of time is not eligible for any other claims submission and would be considered a
duplicative claim submission.
new text end
new text begin
(c) A provider may only round up to the next whole number of service units on a
submitted claim when more than one and one-half times the defined value of the code has
occurred and no additional time increment code exists.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 256.983, subdivision 4, is amended to read:
(a) County and Tribal agency reimbursement shall be made through
the settlement provisions applicable to the Supplemental Nutrition Assistance Program
(SNAP), MFIP, child care assistance programs, the medical assistance program, and other
federal and state-funded programs.
(b) The commissioners will maintain program compliance if for any deleted text begin three consecutive
month perioddeleted text end new text begin quarternew text end , a county or Tribal agency fails to comply with fraud prevention
investigation program guidelines, or fails to meet the cost-effectiveness standards developed
by the commissioners. This result is contingent on the commissioners providing written
notice, including an offer of technical assistance, within 30 days of the end of the deleted text begin third or
subsequent monthdeleted text end new text begin quarternew text end of noncompliance. The county or Tribal agency shall be required
to submit a corrective action plan to the commissioners within 30 days of receipt of a notice
of noncompliance. Failure to submit a corrective action plan or, continued deviation from
standards of more than ten percent after submission of a corrective action plan, will result
in denial of funding for each subsequent month, or billing the county or Tribal agency for
fraud prevention investigation (FPI) service provided by the commissioners, or reallocation
of program grant funds, or investigative resources, or both, to other counties or Tribal
agencies. The denial of funding shall apply to the general settlement received by the county
or Tribal agency on a quarterly basis and shall not reduce the grant amount applicable to
the FPI project.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 256B.0659, subdivision 21, is amended to read:
(a) All personal care assistance provider agencies must provide, at the time of
enrollment, reenrollment, and revalidation as a personal care assistance provider agency in
a format determined by the commissioner, information and documentation that includes,
but is not limited to, the following:
(1) the personal care assistance provider agency's current contact information including
address, telephone number, and email address;
(2) proof of surety bond coverage for each business location providing services. Upon
new enrollment, or if the provider's Medicaid revenue in the previous calendar year is up
to and including $300,000, the provider agency must purchase a surety bond of $50,000. If
the Medicaid revenue in the previous year is over $300,000, the provider agency must
purchase a surety bond of $100,000. The surety bond must be in a form approved by the
commissioner, must be renewed annually, and must allow for recovery of costs and fees in
pursuing a claim on the bondnew text begin . Any action to obtain monetary recovery or sanctions from a
surety bond must occur within six years from the date the debt is affirmed by a final agency
decision. An agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064new text end ;
(3) proof of fidelity bond coverage in the amount of $20,000 for each business location
providing service;
(4) proof of workers' compensation insurance coverage identifying the business location
where personal care assistance services are provided;
(5) proof of liability insurance coverage identifying the business location where personal
care assistance services are provided and naming the department as a certificate holder;
(6) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery; and
employee and consumer safety including process for notification and resolution of consumer
grievances, identification and prevention of communicable diseases, and employee
misconduct;
(7) copies of all other forms the personal care assistance provider agency uses in the
course of daily business including, but not limited to:
(i) a copy of the personal care assistance provider agency's time sheet if the time sheet
varies from the standard time sheet for personal care assistance services approved by the
commissioner, and a letter requesting approval of the personal care assistance provider
agency's nonstandard time sheet;
(ii) the personal care assistance provider agency's template for the personal care assistance
care plan; and
(iii) the personal care assistance provider agency's template for the written agreement
in subdivision 20 for recipients using the personal care assistance choice option, if applicable;
(8) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;
(9) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section, including the requirements
under subdivision 11, paragraph (d), if enhanced personal care assistance services are
provided and submitted for an enhanced rate under subdivision 17a;
(10) documentation of the agency's marketing practices;
(11) disclosure of ownership, leasing, or management of all residential properties that
is used or could be used for providing home care services;
(12) documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services for
employee personal care assistant wages and benefits: 72.5 percent of revenue in the personal
care assistance choice option and 72.5 percent of revenue from other personal care assistance
providers. The revenue generated by the qualified professional and the reasonable costs
associated with the qualified professional shall not be used in making this calculation; and
(13) effective May 15, 2010, documentation that the agency does not burden recipients'
free exercise of their right to choose service providers by requiring personal care assistants
to sign an agreement not to work with any particular personal care assistance recipient or
for another personal care assistance provider agency after leaving the agency and that the
agency is not taking action on any such agreements or requirements regardless of the date
signed.
(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider agency
enrolls as a vendor or upon request from the commissioner. The commissioner shall collect
the information specified in paragraph (a) from all personal care assistance providers
beginning July 1, 2009.
(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training as
determined by the commissioner before submitting an application for enrollment of the
agency as a provider. All personal care assistance provider agencies shall also require
qualified professionals to complete the training required by subdivision 13 before submitting
an application for enrollment of the agency as a provider. Employees in management and
supervisory positions and owners who are active in the day-to-day operations of an agency
who have completed the required training as an employee with a personal care assistance
provider agency do not need to repeat the required training if they are hired by another
agency, if they have completed the training within the past three years. By September 1,
2010, the required training must be available with meaningful access according to title VI
of the Civil Rights Act and federal regulations adopted under that law or any guidance from
the United States Health and Human Services Department. The required training must be
available online or by electronic remote connection. The required training must provide for
competency testing. Personal care assistance provider agency billing staff shall complete
training about personal care assistance program financial management. This training is
effective July 1, 2009. Any personal care assistance provider agency enrolled before that
date shall, if it has not already, complete the provider training within 18 months of July 1,
2009. Any new owners or employees in management and supervisory positions involved
in the day-to-day operations are required to complete mandatory training as a requisite of
working for the agency. Personal care assistance provider agencies certified for participation
in Medicare as home health agencies are exempt from the training required in this
subdivision. When available, Medicare-certified home health agency owners, supervisors,
or managers must successfully complete the competency test.
(d) All surety bonds, fidelity bonds, workers' compensation insurance, and liability
insurance required by this subdivision must be maintained continuously. After initial
enrollment, a provider must submit proof of bonds and required coverages at any time at
the request of the commissioner. Services provided while there are lapses in coverage are
not eligible for payment. Lapses in coverage may result in sanctions, including termination.
The commissioner shall send instructions and a due date to submit the requested information
to the personal care assistance provider agency.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 256B.0949, subdivision 16a, is amended to
read:
An early intensive developmental and behavioral
intervention services agency must fulfill any background studies requirements under this
section by initiating a background study through the commissioner's NETStudynew text begin 2.0new text end system
as provided under deleted text begin sections 245C.03, subdivision 15, and 245C.10, subdivision 17deleted text end new text begin chapter
245C and must maintain documentation of background study requests and resultsnew text end .
Minnesota Statutes 2024, section 256B.4912, subdivision 1, is amended to read:
(a) For the home and community-based waivers
providing services to seniors and individuals with disabilities under chapter 256S and
sections 256B.0913, 256B.092, and 256B.49, the commissioner shall establish:
(1) agreements with enrolled waiver service providers to ensure providers meet Minnesota
health care program requirements;
(2) regular reviews of provider qualifications, and including requests of proof of
documentation; and
(3) processes to gather the necessary information to determine provider qualifications.
(b) A provider shall not require or coerce any service recipient to change waiver programs
or move to a different location, consistent with the informed choice and independent living
policies under section 256B.4905, subdivisions 1a, 2a, 3a, 7, and 8.
(c) deleted text begin Beginning July 1, 2012,deleted text end new text begin Fornew text end staff that provide direct contact, as defined in section
245C.02, subdivision 11, for services specified in the federally approved waiver plansnew text begin ,
providersnew text end must meet the requirements of chapter 245C deleted text begin prior to providing waiver services
and as part of ongoing enrollment. Upon federal approval,deleted text end new text begin and maintain documentation of
background study requests and results.new text end This requirement deleted text begin mustdeleted text end also deleted text begin applydeleted text end new text begin appliesnew text end to
consumer-directed community supports.
(d) deleted text begin Beginning January 1, 2014,deleted text end Service owners and managerial officials overseeing the
management or policies of services that provide direct contact as specified in the federally
approved waiver plans must meet the requirements of chapter 245C prior to reenrollment
or revalidation or, for new providers, prior to initial enrollment if they have not already
done so as a part of service licensure requirements.
Minnesota Statutes 2024, section 256B.85, subdivision 12, is amended to read:
(a) All CFSS
agency-providers must provide, at the time of enrollment, reenrollment, and revalidation
as a CFSS agency-provider in a format determined by the commissioner, information and
documentation that includes but is not limited to the following:
(1) the CFSS agency-provider's current contact information including address, telephone
number, and email address;
(2) proof of surety bond coverage. Upon new enrollment, or if the agency-provider's
Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
agency-provider must purchase a surety bond of $50,000. If the agency-provider's Medicaid
revenue in the previous calendar year is greater than $300,000, the agency-provider must
purchase a surety bond of $100,000. The surety bond must be in a form approved by the
commissioner, must be renewed annually, and must allow for recovery of costs and fees in
pursuing a claim on the bondnew text begin . Any action to obtain monetary recovery or sanctions from a
surety bond must occur within six years from the date the debt is affirmed by a final agency
decision. An agency decision is final when the right to appeal the debt has been exhausted
or the time to appeal has expired under section 256B.064new text end ;
(3) proof of fidelity bond coverage in the amount of $20,000 per provider location;
(4) proof of workers' compensation insurance coverage;
(5) proof of liability insurance;
(6) a copy of the CFSS agency-provider's organizational chart identifying the names
and roles of all owners, managing employees, staff, board of directors, and additional
documentation reporting any affiliations of the directors and owners to other service
providers;
(7) proof that the CFSS agency-provider has written policies and procedures including:
hiring of employees; training requirements; service delivery; and employee and consumer
safety, including the process for notification and resolution of participant grievances, incident
response, identification and prevention of communicable diseases, and employee misconduct;
(8) proof that the CFSS agency-provider has all of the following forms and documents:
(i) a copy of the CFSS agency-provider's time sheet; and
(ii) a copy of the participant's individual CFSS service delivery plan;
(9) a list of all training and classes that the CFSS agency-provider requires of its staff
providing CFSS services;
(10) documentation that the CFSS agency-provider and staff have successfully completed
all the training required by this section;
(11) documentation of the agency-provider's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties that
are used or could be used for providing home care services;
(13) documentation that the agency-provider will use at least the following percentages
of revenue generated from the medical assistance rate paid for CFSS services for CFSS
support worker wages and benefits: 72.5 percent of revenue from CFSS providers, except
100 percent of the revenue generated by a medical assistance rate increase due to a collective
bargaining agreement under section 179A.54 must be used for support worker wages and
benefits. The revenue generated by the worker training and development services and the
reasonable costs associated with the worker training and development services shall not be
used in making this calculation; and
(14) documentation that the agency-provider does not burden participants' free exercise
of their right to choose service providers by requiring CFSS support workers to sign an
agreement not to work with any particular CFSS participant or for another CFSS
agency-provider after leaving the agency and that the agency is not taking action on any
such agreements or requirements regardless of the date signed.
(b) CFSS agency-providers shall provide to the commissioner the information specified
in paragraph (a).
(c) All CFSS agency-providers shall require all employees in management and
supervisory positions and owners of the agency who are active in the day-to-day management
and operations of the agency to complete mandatory training as determined by the
commissioner. Employees in management and supervisory positions and owners who are
active in the day-to-day operations of an agency who have completed the required training
as an employee with a CFSS agency-provider do not need to repeat the required training if
they are hired by another agency and they have completed the training within the past three
years. CFSS agency-provider billing staff shall complete training about CFSS program
financial management. Any new owners or employees in management and supervisory
positions involved in the day-to-day operations are required to complete mandatory training
as a requisite of working for the agency.
(d) Agency-providers shall submit all required documentation in this section within 30
days of notification from the commissioner. If an agency-provider fails to submit all the
required documentation, the commissioner may take action under subdivision 23a.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 246.54, subdivision 1a, is amended to read:
(a) A county's payment of the
cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
following schedule:
(1) zero percent for the first 30 days;
(2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
for the client; and
(3) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged.
(b) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
of the cost of care for days over 31 for clients who meet the criteria in paragraph (a), clause
(2), the county shall be responsible for paying the state only the remaining amount. The
county shall not be entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53.
(c) deleted text begin Between July 1, 2023, and March 31deleted text end new text begin Beginning July 1new text end , 2025, the county is not
responsible for the cost of care under paragraph (a), clause (3), for a person who is committed
as a person who has a mental illness and is dangerous to the public under section 253B.18
and who is awaiting transfer to another state-operated facility or program. This paragraph
expires deleted text begin March 31, 2025deleted text end new text begin June 30, 2029new text end .
(d) deleted text begin Between April 1, 2025, and June 30deleted text end new text begin Beginning July 1new text end , 2025, the county is not
responsible for the cost of care under paragraph (a), clause (3), for a person who is civilly
committed, if the client is awaiting transfer:
(1) to a facility operated by the Department of Corrections; or
(2) to another state-operated facility or program, and the Direct Care and Treatment
executive medical director's office or a designee has determined that:
(i) the client meets criteria for admission to that state-operated facility or program; and
(ii) the state-operated facility or program is the only facility or program that can
reasonably serve the client. This paragraph expires June 30, deleted text begin 2025deleted text end new text begin 2029new text end .
(e) Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.
new text begin
This section is effective retroactively from March 30, 2025.
new text end
Minnesota Statutes 2024, section 246.54, subdivision 1b, is amended to read:
(a) A county's payment of the cost
of care provided at state-operated community-based behavioral health hospitals for adults
and children shall be according to the following schedule:
(1) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged; and
(2) the county shall not be entitled to reimbursement from the client, the client's estate,
or from the client's relatives, except as provided in section 246.53.
(b) deleted text begin Between July 1, 2023, and March 31deleted text end new text begin Beginning July 1new text end , 2025, the county is not
responsible for the cost of care under paragraph (a), clause (1), for a person committed as
a person who has a mental illness and is dangerous to the public under section 253B.18 and
who is awaiting transfer to another state-operated facility or program. This paragraph expires
deleted text begin March 31, 2025deleted text end new text begin June 30, 2029new text end .
(c) deleted text begin Between April 1, 2025, and June 30deleted text end new text begin Beginning July 1new text end , 2025, the county is not
responsible for the cost of care under paragraph (a), clause (1), for a person who is civilly
committed, if the client is awaiting transfer:
(1) to a facility operated by the Department of Corrections; or
(2) to another state-operated facility or program, and the Direct Care and Treatment
executive medical director's office or a designee has determined that:
(i) the client meets criteria for admission to that state-operated facility or program; and
(ii) the state-operated facility or program is the only facility or program that can
reasonably serve the client. This paragraph expires June 30, deleted text begin 2025deleted text end new text begin 2029new text end .
(d) Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.
new text begin
This section is effective retroactively from March 30, 2025.
new text end
Minnesota Statutes 2024, section 246B.10, is amended to read:
(a) The civilly committed sex offender's county shall pay to the state a portion of the
cost of care provided in the Minnesota Sex Offender Program to a civilly committed sex
offender who has legally settled in that county.
(b) A county's payment must be made from the county's own sources of revenue and
payments must:
(1) equal ten percent of the cost of care, as determined by the executive board, for each
day or portion of a day that the civilly committed sex offender spends at the facility for
individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
(2) equal 25 percent of the cost of care, as determined by the executive board, for each
day or portion of a day that the civilly committed sex offender:
(i) spends at the facility for individuals admitted to the Minnesota Sex Offender Program
on or after August 1, 2011; or
(ii) receives services within a program operated by the Minnesota Sex Offender Program
while on provisional discharge.
new text begin
This paragraph expires June 30, 2027.
new text end
(c) The county is responsible for paying the state the remaining amount if payments
received by the state under this chapter exceed:
(1) 90 percent of the cost of care for individuals admitted to the Minnesota Sex Offender
Program before August 1, 2011; or
(2) 75 percent of the cost of care for individuals:
(i) admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
(ii) receiving services within a program operated by the Minnesota Sex Offender Program
while on provisional discharge.
new text begin
This paragraph expires June 30, 2027.
new text end
(d) The county is not entitled to reimbursement from the civilly committed sex offender,
the civilly committed sex offender's estate, or from the civilly committed sex offender's
relatives, except as provided in section 246B.07.
new text begin
(e) Effective July 1, 2027, a county's payment must be made from the county's own
sources of revenue and payments must equal 40 percent of the cost of care as determined
by the executive board for each day or portion of a day that the civilly committed sex
offender spends at the facility or receives services within a program operated by the
Minnesota Sex Offender Program while on provisional discharge.
new text end
new text begin
(f) Effective July 1, 2027, the county is responsible for paying the state the remaining
amount if payments received by the state under this chapter exceed 60 percent of the cost
of care for individuals.
new text end
Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:
(a) The Direct Care and
Treatment systems account is created in the special revenue fund of the state treasury.
Beginning July 1, 2025, money in the account is appropriated to the Direct Care and
Treatment executive board and may be used for security systems and information technology
projects, services, and support under the control of the executive board.
(b) The commissioner of human services shall transfer all money allocated to the Direct
Care and Treatment systems projects under section 256.014 to the Direct Care and Treatment
systems account by June 30, 2026.
new text begin
(c) Beginning July 1, 2025, and each fiscal year thereafter, $5,000,000 of general fund
cost of care collections under section 246.18, subdivision 4, shall be deposited into the
Direct Care and Treatment systems account to support the Direct Care and Treatment
electronic health record system and information technology projects.
new text end
Minnesota Statutes 2024, section 256G.08, subdivision 1, is amended to read:
In cases of voluntary
admissionnew text begin ,new text end deleted text begin ordeleted text end commitment to state or other institutions, new text begin or criminal orders for inpatient
examination or participation in a competency attainment program under chapter 611, new text end the
committing county new text begin or the county from which the first criminal order for inpatient examination
or order for participation in a competency attainment program under chapter 611 is issued
new text end shall initially pay for all costs. This includes the expenses of the taking into custody,
confinement, emergency holds under sections 253B.051, subdivisions 1 and 2, and 253B.07,
examination, commitment, conveyance to the place of detention, rehearing, and hearings
under deleted text begin sectiondeleted text end new text begin sectionsnew text end 253B.092new text begin and 611.47new text end , including hearings held under deleted text begin that section
deleted text end deleted text begin whichdeleted text end new text begin those sections thatnew text end are venued outside the county of commitmentnew text begin or the county of
the chapter 611 competency proceedings ordernew text end .
new text begin
This section is effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 256G.08, subdivision 2, is amended to read:
If a person committednew text begin ,new text end deleted text begin ordeleted text end voluntarily admitted
to a state institutionnew text begin , or ordered for inpatient examination or participation in a competency
attainment program under chapter 611new text end has no residence in this state, financial responsibility
belongs to the county of commitmentnew text begin or the county from which the first criminal order for
inpatient examination or order for participation in a competency attainment program under
chapter 611 was issuednew text end .
new text begin
This section is effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 256G.09, subdivision 1, is amended to read:
If upon investigation the local agency decides that
the applicationnew text begin ,new text end deleted text begin ordeleted text end commitmentnew text begin , or first criminal order under chapter 611new text end was not filed in
the county of financial responsibility as defined by this chapter, but that the applicant is
otherwise eligible for assistance, it shall send a copy of the applicationnew text begin ,new text end deleted text begin ordeleted text end commitment
claim,new text begin or chapter 611 claimnew text end together with the record of any investigation it has made, to the
county it believes is financially responsible. The copy and record must be sent within 60
days of the date the application was approved or the claim was paid. The first local agency
shall provide assistance to the applicant until financial responsibility is transferred under
this section.
The county receiving the transmittal has 30 days to accept or reject financial
responsibility. A failure to respond within 30 days establishes financial responsibility by
the receiving county.
new text begin
This section is effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
(a) If the county receiving the transmittal does not believe
it is financially responsible, it should provide to the commissioner of human services and
the initially responsible county a statement of all facts and documents necessary for the
commissioner to make the requested determination of financial responsibility. The submission
must clearly state the program area in dispute and must state the specific basis upon which
the submitting county is denying financial responsibility.
(b) The initially responsible county then has 15 calendar days to submit its position and
any supporting evidence to the commissioner. The absence of a submission by the initially
responsible county does not limit the right of the commissioner of human services or Direct
Care and Treatment executive board to issue a binding opinion based on the evidence actually
submitted.
(c) A case must not be submitted until the local agency taking the applicationnew text begin ,new text end deleted text begin ordeleted text end making
the commitmentnew text begin , or residing in the county from which the first criminal order under chapter
611 was issuednew text end has made an initial determination about eligibility and financial responsibility,
and services have been initiated. This paragraph does not prohibit the submission of closed
cases that otherwise meet the applicable statute of limitations.
new text begin
This section is effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 611.43, is amended by adding a subdivision to
read:
new text begin
(a) When a defendant is ordered to
participate in an examination in a treatment facility, a locked treatment facility, or a
state-operated treatment facility under subdivision 1, paragraph (b), the facility shall bill
the responsible health plan first. The county in which the criminal charges are filed is
responsible to pay any charges not covered by the health plan, including co-pays and
deductibles. If the defendant has health plan coverage and is confined in a hospital, but the
hospitalization does not meet the criteria in section 62M.07, subdivision 2, clause (1);
62Q.53; 62Q.535, subdivision 1; or 253B.045, subdivision 6, the county in which criminal
charges are filed is responsible for payment.
new text end
new text begin
(b) The Direct Care and Treatment executive board shall determine the cost of
confinement in a state-operated treatment facility based on the executive board's
determination of cost of care pursuant to section 246.50, subdivision 5.
new text end
Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
(a) If the court finds the
defendant incompetent and the charges have not been dismissed, the court shall order the
defendant to participate in a program to assist the defendant in attaining competency. The
court may order participation in a competency attainment program provided outside of a
jail, a jail-based competency attainment program, or an alternative program. The court must
determine the least-restrictive program appropriate to meet the defendant's needs and public
safety. In making this determination, the court must consult with the forensic navigator and
consider any recommendations of the court examiner. The court shall not order a defendant
to participate in a jail-based program or a state-operated treatment program if the highest
criminal charge is a targeted misdemeanor.
(b) If the court orders the defendant to a locked treatment facility or jail-based program,
the court must calculate the defendant's custody credit and cannot order the defendant to a
locked treatment facility or jail-based program for a period that would cause the defendant's
custody credit to exceed the maximum sentence for the underlying charge.
(c) The court may only order the defendant to participate in competency attainment at
an inpatient or residential treatment program under this section if the head of the treatment
program determines that admission to the program is clinically appropriate and consents to
the defendant's admission. The court may only order the defendant to participate in
competency attainment at a state-operated treatment facility under this section if the Direct
Care and Treatment executive board or a designee determines that admission of the defendant
is clinically appropriate and consents to the defendant's admission. The court may require
a competency program that qualifies as a locked facility or a state-operated treatment program
to notify the court in writing of the basis for refusing consent for admission of the defendant
in order to ensure transparency and maintain an accurate record. The court may not require
personal appearance of any representative of a competency program. The court shall send
a written request for notification to the locked facility or state-operated treatment program
and the locked facility or state-operated treatment program shall provide a written response
to the court within ten days of receipt of the court's request.
(d) If the defendant is confined in jail and has not received competency attainment
services within 30 days of the finding of incompetency, the court shall review the case with
input from the prosecutor and defense counsel and may:
(1) order the defendant to participate in an appropriate competency attainment program
that takes place outside of a jail;
(2) order a conditional release of the defendant with conditions that include but are not
limited to a requirement that the defendant participate in a competency attainment program
when one becomes available and accessible;
(3) make a determination as to whether the defendant is likely to attain competency in
the reasonably foreseeable future and proceed under section 611.49; or
(4) upon a motion, dismiss the charges in the interest of justice.
(e) The court may order any hospital, treatment facility, or correctional facility that has
provided care or supervision to a defendant in the previous two years to provide copies of
the defendant's medical records to the competency attainment program or alternative program
in which the defendant was ordered to participate. This information shall be provided in a
consistent and timely manner and pursuant to all applicable laws.
(f) If at any time the defendant refuses to participate in a competency attainment program
or an alternative program, the head of the program shall notify the court and any entity
responsible for supervision of the defendant.
(g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel, and
any entity responsible for the supervision of the defendant prior to any planned discharge.
Absent emergency circumstances, this notification shall be made five days prior to the
discharge if the defendant is not being discharged to jail or a correctional facility. Upon the
receipt of notification of discharge or upon the request of either party in response to
notification of discharge, the court may order that a defendant who is subject to bail or
unmet conditions of release be returned to jail upon being discharged from the program or
facility. If the court orders a defendant returned to jail, the court shall notify the parties and
head of the program at least one day before the defendant's planned discharge, except in
the event of an emergency discharge where one day notice is not possible. The court must
hold a review hearing within seven days of the defendant's return to jail. The forensic
navigator must be given notice of the hearing and be allowed to participate.
(h) If the defendant is discharged from the program or facility under emergency
circumstances, notification of emergency discharge shall include a description of the
emergency circumstances and may include a request for emergency transportation. The
court shall make a determination on a request for emergency transportation within 24 hours.
Nothing in this section prohibits a law enforcement agency from transporting a defendant
pursuant to any other authority.
new text begin
(i) If the defendant is ordered to participate in an inpatient or residential competency
attainment or alternative program, the program or facility must notify the court, prosecutor,
defense counsel, forensic navigator, and any entity responsible for the supervision of the
defendant if the defendant is placed on a leave or elopement status from the program and
if the defendant returns to the program from a leave or elopement status.
new text end
new text begin
(j) Defense counsel, prosecutors, and forensic navigators must have access to information
relevant to a defendant's participation and treatment in a competency attainment program
or alternative program, including but not limited to discharge planning.
new text end
Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to
read:
new text begin
Forensic navigators must have access to all data collected, created,
or maintained by a competency attainment program or an alternative program regarding a
defendant in order for navigators to carry out their duties under this section. A competency
attainment program or alternative program may request a copy of the court order appointing
the forensic navigator before disclosing any private information about a defendant.
new text end
new text begin
This section is effective July 1, 2027.
new text end
Minnesota Statutes 2024, section 256B.051, subdivision 6, is amended to read:
A provider eligible for reimbursement
under this section shall:
(1) enroll as a medical assistance Minnesota health care program provider and meet all
applicable provider standards and requirements;
(2) demonstrate compliance with federal and state laws and policies for housing
stabilization services as determined by the commissioner;
(3) comply with background study requirements under chapter 245C and maintain
documentation of background study requests and results;
(4) directly provide housing stabilization services and not use a subcontractor or reporting
agent; deleted text begin and
deleted text end
(5) complete annual vulnerable adult trainingdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) complete compliance training as required under subdivision 6a.
new text end
Minnesota Statutes 2024, section 256B.051, is amended by adding a subdivision
to read:
new text begin
(a) Effective January 1, 2027, to
enroll as a housing stabilization services provider agency, an agency must require all owners
of the agency who are active in the day-to-day management and operations of the agency
and managerial and supervisory employees to complete compliance training before applying
for enrollment and every three years thereafter. Mandatory compliance training format and
content must be determined by the commissioner and must include the following topics:
new text end
new text begin
(1) state and federal program billing, documentation, and service delivery requirements;
new text end
new text begin
(2) enrollment requirements;
new text end
new text begin
(3) provider program integrity, including fraud prevention, detection, and penalties;
new text end
new text begin
(4) fair labor standards;
new text end
new text begin
(5) workplace safety requirements; and
new text end
new text begin
(6) recent changes in service requirements.
new text end
new text begin
(b) New owners active in day-to-day management and operations of the agency and
managerial and supervisory employees must complete compliance training under this
subdivision to be employed by or conduct management and operations activities for the
agency. If an individual moves to another housing stabilization services provider agency
and serves in a similar ownership or employment capacity, the individual is not required to
repeat the training required under this subdivision if the individual documents completion
of the training within the past three years.
new text end
new text begin
(c) Any housing stabilization services provider agency enrolled before January 1, 2027,
must complete the compliance training by January 1, 2028, and every three years thereafter.
new text end
Minnesota Statutes 2024, section 256I.03, subdivision 11a, is amended to read:
"MSA equivalent rate" means an amount equal to the
total of:
(1) the combined maximum shelter and basic needs standards for MSA recipients living
alone specified in section 256D.44, subdivisions 2, paragraph (a); and 3, paragraph (a); plus
(2) the maximum allotment authorized by the federal Supplemental Nutrition Assistance
Program (SNAP) for a single individual which is in effect on the first day of July each year;
less
(3) the personal needs allowance authorized for medical assistance recipients under
section 256B.35.
The MSA equivalent rate deleted text begin is todeleted text end new text begin shallnew text end be adjusted on the first day of July each year to
reflect deleted text begin changesdeleted text end new text begin increasesnew text end in any of the component rates under clauses (1) to (3).
Minnesota Statutes 2024, section 256I.05, subdivision 1d, is amended to read:
deleted text begin Notwithstanding the provisions of subdivisions 1a and 1c,deleted text end A county
agency may negotiate a supplementary service rate in addition to the deleted text begin board and lodgingdeleted text end ratenew text begin
under subdivision 1, not to exceed the maximum rate allowed under subdivision 1a,new text end for
facilities licensed and registered by the Minnesota Department of Health under section
157.17 prior to December 31, 1996, if the facility meets the following criteria:
(1) at least 75 percent of the residents have a primary diagnosis of mental illness,
substance use disorder, or both, and have related special needs;
(2) the facility provides 24-hour, on-site, year-round supportive services by qualified
staff capable of intervention in a crisis of persons with late-state inebriety or mental illness
who are vulnerable to abuse or neglect;
(3) the services at the facility include, but are not limited to:
(i) secure central storage of medication;
(ii) reminders and monitoring of medication for self-administration;
(iii) support for developing an individual medical and social service plan, updating the
plan, and monitoring compliance with the plan; and
(iv) assistance with setting up meetings, appointments, and transportation to access
medical, chemical health, and mental health service providers;
(4) each resident has a documented need for at least one of the services provided;
(5) each resident has been offered an opportunity to apply for admission to a licensed
residential treatment program for mental illness, substance use disorder, or both, have refused
that offer, and the offer and their refusal has been documented to writing; and
(6) the residents are not eligible for home and community-based services waivers because
of their unique need for community support.
deleted text begin
Until June 30, 2002, the supplementary service rate of qualifying facilities under this
subdivision may be increased by up to 15 percent of the supplementary service rate in effect
on January 1, 2001, for the facility. Qualifying facilities with no supplementary service rate
may negotiate a supplementary service rate not to exceed $300 per month.
deleted text end
Minnesota Statutes 2024, section 256I.05, subdivision 1e, is amended to read:
(a) deleted text begin Notwithstanding the provisions
of subdivisions 1a and 1c, beginning July 1, 2005,deleted text end A county agency shall negotiate a
supplementarynew text begin servicenew text end rate in addition to the rate specified in subdivision 1, not to exceed
deleted text begin $700 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin the maximum
rate allowed under subdivision 1anew text end , for a housing support provider that:
(1) is located in Hennepin County and has had a housing support contract with the county
since June 1996;
(2) operates in three separate locations a 75-bed facility, a 50-bed facility, and a 26-bed
facility; and
(3) serves a clientele with substance use disorder, providing 24 hours per day supervision
and limiting a resident's maximum length of stay to 13 months out of a consecutive 24-month
period.
(b) deleted text begin Notwithstanding subdivisions 1a and 1c,deleted text end A county agency shall negotiate a
supplementary rate in addition to the rate specified in subdivision 1, not to exceed deleted text begin $700 per
month, including any legislatively authorized inflationary adjustments, ofdeleted text end new text begin the maximum
rate allowed under subdivision 1a, fornew text end a housing support provider that:
(1) is located in St. Louis County and has had a housing support contract with the county
since 2006;
(2) operates a 62-bed facility; and
(3) serves an adult male clientele with substance use disorder, providing 24 hours per
day supervision and limiting a resident's maximum length of stay to 13 months out of a
consecutive 24-month period.
(c) deleted text begin Notwithstanding subdivisions 1a and 1c, beginning July 1, 2013,deleted text end A county agency
shall negotiate a supplementary rate in addition to the rate specified in subdivision 1, not
to exceed deleted text begin $700 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin
the maximum rate allowed under subdivision 1anew text end , for the provider described under paragraphs
(a) and (b), not to exceed an additional 115 beds.
Minnesota Statutes 2024, section 256I.05, subdivision 1f, is amended to read:
deleted text begin Until June
30, 2002, the supplementary service rate for recipients of assistance under section 256I.04
who reside indeleted text end new text begin A county agency shall negotiate a supplementary service rate in addition to
the rate specified in subdivision 1, not to exceed the maximum rate under subdivision 1a,
fornew text end a residence that is licensed by the commissioner of health as a boarding care home but
is not certified for purposes of the medical assistance program deleted text begin may be increased by up to
32 percent of the supplementary service rate in effect for that facility on January 1, 2001.
The new rate shall not exceed the nonfederal share of the statewide weighted average
monthly medical assistance nursing facility payment rate for case mix A in effect on January
1, 2001deleted text end .
Minnesota Statutes 2024, section 256I.05, subdivision 1g, is amended to read:
An agency may negotiate
a supplementary service ratenew text begin , not to exceed the maximum rate allowed under subdivision
1a,new text end for recipients of assistance under section 256I.04, subdivision 1, paragraph (a) or (b),
who have experienced long-term homelessness and who live in a supportive housing
establishment under section 256I.04, subdivision 2a, paragraph (b), clause (2).
Minnesota Statutes 2024, section 256I.05, subdivision 1h, is amended to read:
deleted text begin Notwithstanding subdivisions 1a and 1c, beginning July 1, 2007,deleted text end A county
agency shall negotiate a supplementarynew text begin servicenew text end rate in addition to the rate specified in
subdivision 1, not to exceed deleted text begin $737.87 per month, including any legislatively authorized
inflationary adjustmentsdeleted text end new text begin the maximum rate allowed under subdivision 1anew text end , for a housing
support provider that:
(1) is located in Ramsey County and has had a housing support contract with the county
since 1982 and has been licensed as a board and lodge facility with special services since
1979; and
(2) serves males with and recovering from substance use disorder, providing
24-hour-a-day supervision.
Minnesota Statutes 2024, section 256I.05, subdivision 1i, is amended to read:
deleted text begin Notwithstanding
the provisions of subdivisions 1a and 1c,deleted text end A county agency shall negotiate a supplementarynew text begin
servicenew text end rate in addition to the rate specified in subdivision 1, not to exceed deleted text begin $700 per month,
including any legislatively authorized inflationary adjustments, up to the available
appropriationdeleted text end new text begin the maximum rate allowed under subdivision 1anew text end , for a facility located in
Hennepin County with a capacity of up to 48 beds that has been licensed since 1978 as a
board and lodging facility and that until August 1, 2007, operated as a licensed substance
use disorder treatment program.
Minnesota Statutes 2024, section 256I.05, subdivision 1j, is amended to read:
deleted text begin Notwithstanding the provisions of subdivisions 1a and 1c, beginning July 1, 2007,deleted text end
A county agency shall negotiate a supplementarynew text begin servicenew text end rate in addition to the rate specified
in subdivision 1, not to exceed deleted text begin $700 per month, including any legislatively authorized
inflationary adjustmentsdeleted text end new text begin the maximum rate allowed under subdivision 1anew text end , for a deleted text begin newdeleted text end 65-bed
facility in Crow Wing County that deleted text begin will servedeleted text end new text begin servesnew text end persons with substance use disorder
operated by a housing support provider that currently operates a 304-bed facility in
Minneapolis and a 44-bed facility in Duluth which opened in January of 2006.
Minnesota Statutes 2024, section 256I.05, subdivision 1k, is amended to read:
deleted text begin Notwithstanding the provisions of this section, beginning July 1, 2009,deleted text end A county
agency shall negotiate a supplementary service rate in addition to the rate specified in
subdivision 1, not to exceed deleted text begin $700 per month, including any legislatively authorized
inflationary adjustmentsdeleted text end new text begin the maximum rate allowed under subdivision 1anew text end , for a housing
support provider located in Stearns, Sherburne, or Benton County that operates a 40-bed
facility, that received financing through the Minnesota Housing Finance Agency Ending
Long-Term Homelessness Initiative and serves clientele with substance use disorder,
providing 24-hour-a-day supervision.
Minnesota Statutes 2024, section 256I.05, subdivision 1l, is amended to read:
deleted text begin Notwithstanding
the provisions of this section, beginning July 1, 2007,deleted text end A county agency shall negotiate a
supplementary service rate in addition to the rate specified in subdivision 1, not to exceed
deleted text begin $700 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin the maximum
rate allowed under subdivision 1anew text end , for a housing support provider located in St. Louis County
that operates a 30-bed facility, that received financing through the Minnesota Housing
Finance Agency Ending Long-Term Homelessness Initiative and serves clientele with
substance use disorder, providing 24-hour-a-day supervision.
Minnesota Statutes 2024, section 256I.05, subdivision 1m, is amended to read:
deleted text begin Notwithstanding the provisions of this section, beginning July 1, 2007,deleted text end
A county agency shall negotiate a deleted text begin supplementaldeleted text end new text begin supplementarynew text end service rate in addition to
the rate specified in subdivision 1, not to exceed the maximum rate in subdivision 1a deleted text begin or the
existing monthly rate, whichever is higher, including any legislatively authorized inflationary
adjustmentsdeleted text end , for a housing support provider that operates two ten-bed facilities, one located
in Hennepin County and one located in Ramsey County, which provide community support
and serve the mental health needs of individuals who have chronically lived unsheltered,
providing 24-hour-per-day supervision.
Minnesota Statutes 2024, section 256I.05, subdivision 1n, is amended to read:
deleted text begin Notwithstanding
the provisions of this section, for the rate period July 1, 2010, to June 30, 2011,deleted text end A county
agency shall negotiate a deleted text begin supplementaldeleted text end new text begin supplementarynew text end service rate in addition to the rate
specified in subdivision 1, not to exceed deleted text begin $753 per month or the existing rate, including any
legislative authorized inflationary adjustmentsdeleted text end new text begin the maximum rate allowed under subdivision
1anew text end , for a housing support provider located in Mahnomen County that operates a 28-bed
facility providing 24-hour care to individuals who are homeless, disabled, mentally ill,
chronically homeless, or have substance use disorder.
Minnesota Statutes 2024, section 256I.05, subdivision 1p, is amended to read:
deleted text begin Notwithstanding the provisions of
subdivisions 1a and 1c, beginning July 1, 2017,deleted text end A county agency shall negotiate a
supplementarynew text begin servicenew text end rate in addition to the rate specified in subdivision 1, not to exceed
deleted text begin $700 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin the maximum
rate allowed under subdivision 1anew text end , for a housing support provider that:
(1) is located in St. Louis County and has had a housing support contract with the county
since July 2016;
(2) operates a 35-bed facility;
(3) serves women who have substance use disorder, mental illness, or both;
(4) provides 24-hour per day supervision;
(5) provides on-site support with skilled professionals, including a licensed practical
nurse, registered nurses, peer specialists, and resident counselors; and
(6) provides independent living skills training and assistance with family reunification.
Minnesota Statutes 2024, section 256I.05, subdivision 1q, is amended to read:
deleted text begin Notwithstanding the
provisions of subdivisions 1a and 1c, beginning July 1, 2017,deleted text end A county agency shall negotiate
a supplementarynew text begin servicenew text end rate in addition to the rate specified in subdivision 1, not to exceed
deleted text begin $750 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin the maximum
rate allowed under subdivision 1anew text end , for a housing support provider located in Olmsted County
that operates long-term residential facilities with a total of 104 beds that serve men and
women with substance use disorder and provide 24-hour-a-day supervision and other support
services.
Minnesota Statutes 2024, section 256I.05, subdivision 1r, is amended to read:
deleted text begin Notwithstanding the
provisions in this section,deleted text end A county agency shall negotiate a deleted text begin supplementaldeleted text end new text begin supplementary
service new text end rate for 42 beds in addition to the rate specified in subdivision 1, not to exceed the
maximum rate allowed under subdivision 1a, deleted text begin including any legislatively authorized
inflationary adjustments,deleted text end for a housing support provider that is located in Anoka County
and provides emergency housing on the former Anoka Regional Treatment Center campus.
Minnesota Statutes 2024, section 256I.05, subdivision 1s, is amended to read:
deleted text begin Notwithstanding the
provisions of subdivisions 1a and 1c, beginning July 1, 2023,deleted text end A county agency shall negotiate
a supplementarynew text begin servicenew text end rate in addition to the rate specified in subdivision 1, not to exceed
deleted text begin $750 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin the maximum
rate allowed under subdivision 1anew text end , for a housing support provider located in Douglas County
that operates a long-term residential facility with a total of 74 beds that serve chemically
dependent men and provide 24-hour-a-day supervision and other support services.
Minnesota Statutes 2024, section 256I.05, subdivision 1t, is amended to read:
deleted text begin Notwithstanding
the provisions of subdivisions 1a and 1c, beginning July 1, 2023,deleted text end A county agency shall
negotiate a supplementarynew text begin servicenew text end rate in addition to the rate specified in subdivision 1, not
to exceed deleted text begin $750 per month, including any legislatively authorized inflationary adjustmentsdeleted text end new text begin
the maximum rate allowed under subdivision 1anew text end , for a housing support provider located in
Crow Wing County that operates a long-term residential facility with a total of 90 beds that
serves chemically dependent men and women and provides 24-hour-a-day supervision and
other support services.
Minnesota Statutes 2024, section 256I.05, subdivision 1u, is amended to read:
deleted text begin Notwithstanding the
provisions in this section, beginning July 1, 2023,deleted text end A county agency shall negotiate a
deleted text begin supplementaldeleted text end new text begin supplementary service new text end rate for up to 20 beds in addition to the rate specified
in subdivision 1, not to exceed the maximum rate allowed under subdivision 1a, deleted text begin including
any legislatively authorized inflationary adjustments,deleted text end for a housing support provider located
in Douglas County that operates two facilities and provides room and board and
supplementary services to adult males recovering from substance use disorder, mental
illness, or housing instability.
Minnesota Statutes 2024, section 256I.05, subdivision 2, is amended to read:
deleted text begin This subdivision applies todeleted text end new text begin A county agency shall
negotiate a supplementary service rate in addition to the rate specified in subdivision 1, not
to exceed the maximum rate under subdivision 1a, fornew text end a residence that on August 1, 1984,
was licensed by the commissioner of health only as a boarding care home, certified by the
commissioner of health as an intermediate care facility, and licensed by the commissioner
of human services under Minnesota Rules, parts 9520.0500 to 9520.0670. deleted text begin Notwithstanding
the provisions of subdivision 1c, the rate paid to a facility reimbursed under this subdivision
shall be determined under chapter deleted text end deleted text begin 256Rdeleted text end deleted text begin , if the facility is accepted by the commissioner for
participation in the alternative payment demonstration project.deleted text end The rate paid to this facility
shall also include adjustments to the room and board rate according to subdivision 1.
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Eligible applicant" means a statutory or home rule charter city, county, Tribal
government, not-for-profit corporation under section 501(c)(3) of the Internal Revenue
Code, or housing and redevelopment authority established under section 469.003.
new text end
new text begin
(d) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary,
accessible, and suitable emergency shelter for individuals and families experiencing
homelessness, regardless of whether the facility provides emergency shelter during the day,
overnight, or both.
new text end
new text begin
The commissioner shall prioritize grants under this section
for projects that improve or expand emergency shelter facility options by:
new text end
new text begin
(1) adding additional emergency shelter facilities by renovating existing facilities not
currently operating as emergency shelter facilities;
new text end
new text begin
(2) adding additional emergency shelter facility beds by renovating existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure;
new text end
new text begin
(3) adding additional emergency shelter facility beds through acquisition and construction
of new emergency shelter facilities;
new text end
new text begin
(4) improving the safety, sanitation, accessibility, and habitability of existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure; and
new text end
new text begin
(5) improving access to emergency shelter facilities that provide culturally appropriate
shelter and gender-inclusive shelter.
new text end
new text begin
A grant under this section may be used to pay
for 100 percent of total project capital expenditures or a specified project phase, up to
$500,000 per project.
new text end
new text begin
All projects funded with a grant under
this section must meet all applicable state and local building codes at the time of project
completion.
new text end
new text begin
(a) The commissioner
must use a competitive request for proposal process to identify potential projects and eligible
applicants on a statewide basis. At least 40 percent of the appropriation for this purpose
must be awarded to projects located in greater Minnesota. If the commissioner does not
receive sufficient eligible funding requests from greater Minnesota to award at least 40
percent of the appropriation for this purpose to projects in greater Minnesota, the
commissioner may award the remaining money to other eligible projects.
new text end
new text begin
(b) For eligible applicants seeking funding under this section for the acquisition and
construction of new emergency shelter facilities under subdivision 2, clause (3), the
commissioner must give priority to projects in which the eligible applicant will provide at
least ten percent of total project funding.
new text end
new text begin
(a) The commissioner of human services shall conduct an evaluation of background
study requirements outlined in Minnesota Statutes, sections 245C.03, subdivision 10, and
256I.04, subdivision 2c, to:
new text end
new text begin
(1) assess the impact of eligibility, disqualifications, and processing times on supportive
housing and emergency shelter providers;
new text end
new text begin
(2) determine the applicability of alternative background study methods to protect the
individuals served by supportive housing and emergency shelter programs; and
new text end
new text begin
(3) make recommendations for reforms that address inefficiencies or weaknesses that
prevent qualified individuals from providing services or securing employment.
new text end
new text begin
(b) The commissioner shall contract with an independent contractor to complete the
evaluation and submit a report to the Department of Human Services.
new text end
new text begin
(c) Evaluation findings shall be summarized in a written report to the chairs and ranking
minority members of the legislative committees with jurisdiction over supportive housing
and human services licensing by December 1, 2027.
new text end
new text begin
The commissioner of human services shall increase housing support supplementary
services rates under Minnesota Statutes, section 256I.05, subdivisions 1a to 2, by 30 percent
for fiscal years 2026 and 2027.
new text end
new text begin
The commissioner of human services must submit a state plan amendment to the Centers
for Medicare and Medicaid Services authorizing housing services as a new service category
eligible for reimbursement at the outpatient per-day rate approved by the Indian Health
Service. This reimbursement is limited to services provided by facilities of the Indian Health
Service and facilities owned or operated by a Tribe or Tribal organization. For the purposes
of this section, "housing services" means housing stabilization services as described in
Minnesota Statutes, section 256B.051, subdivision 5, paragraphs (a) to (d).
new text end
Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
(a) For purposes of medical assistance payment
of long-term care services, a recipient must be determined, using assessments defined in
subdivision 4, to meet one of the following nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility, dressing,
eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days after
admission or on the first quarterly assessment after admission, whichever is later; or
(7) the person is determined to be at risk for nursing facility admission or readmission
through a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone or
be homeless without the person's current housing and also meets one of the following criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect, including
self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, paragraphs (b)
and (c), that occurred no more than 90 calendar days before the effective date of medical
assistance eligibility for payment of long-term care services. In no case shall medical
assistance payment for long-term care services occur prior to the date of the determination
of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care
services provided under chapter 256S and section 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
that occurred no more than deleted text begin 60deleted text end new text begin onenew text end calendar deleted text begin daysdeleted text end new text begin yearnew text end before the effective date of medical
assistance eligibility for payment of long-term care services.
Minnesota Statutes 2024, section 245A.042, is amended by adding a subdivision
to read:
new text begin
If requested by a license
holder that is subject to an enforcement action under section 245A.06 or 245A.07 and
operating a program licensed under this chapter and chapter 245D, the commissioner must
provide the license holder with requested technical assistance or must comply with a request
for a referral to legal assistance.
new text end
Minnesota Statutes 2024, section 256.01, subdivision 34, is amended to read:
Federal administrative
reimbursement resulting from the following activities is appropriated to the commissioner
for the designated purposes:
(1) reimbursement for the Minnesota senior health options project; deleted text begin and
deleted text end
(2) reimbursement related to prior authorization, review of medical necessity, and
inpatient admission certification by a professional review organization. A portion of these
funds must be used for activities to decrease unnecessary pharmaceutical costs in medical
assistancedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) reimbursement for capacity building and implementation grant expenditures for the
medical assistance reentry demonstration waiver under section 256B.0761.
new text end
Section 1. new text begin DEPARTMENT OF HUMAN SERVICES FORECAST ADJUSTMENT.
|
new text begin
The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2023, chapter 70,
article 20, from the general fund, or any other fund named, to the commissioner of human
services for the purposes specified in this article, to be available for the fiscal year indicated
for each purpose. The figure "2025" used in this article means that the appropriations listed
are available for the fiscal year ending June 30, 2025.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2025 new text end |
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
119,927,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2025 new text end |
||
new text begin
General new text end |
new text begin
136,895,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(16,968,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(5,285,000) new text end |
new text begin Subd. 2. new text end
new text begin
Forecasted Programs
|
|||||
new text begin
(a) Minnesota Family Investment Program (MFIP)/Diversionary Work Program (DWP) new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2025 new text end |
||
new text begin
General new text end |
new text begin
(5,951,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(5,285,000) new text end |
new text begin
(b) MFIP Child Care Assistance new text end |
new text begin
(62,336,000) new text end |
new text begin
(c) General Assistance new text end |
new text begin
3,737,000 new text end |
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
3,428,000 new text end |
new text begin
(e) Housing Support new text end |
new text begin
11,923,000 new text end |
new text begin
(f) Northstar Care for Children new text end |
new text begin
(9,526,000) new text end |
new text begin
(g) MinnesotaCare new text end |
new text begin
(16,525,000) new text end |
new text begin
This appropriation is from the health care
access fund.
new text end
new text begin
(h) Medical Assistance new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2025 new text end |
||
new text begin
General new text end |
new text begin
59,692,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(443,000) new text end |
new text begin
(i) Behavioral Health Fund new text end |
new text begin
135,928,000 new text end |
new text begin
Sections 1 and 2 are effective the day following final enactment.
new text end
Section 1. new text begin HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
commissioner of human services and for the purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second
year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2.new text begin TOTAL APPROPRIATIONnew text end |
new text begin
$ new text end |
new text begin
8,836,150,000 new text end |
new text begin
$ new text end |
new text begin
8,878,188,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Appropriations by Fund
|
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
8,782,674,000 new text end |
new text begin
8,824,712,000 new text end |
new text begin
Lottery Prize new text end |
new text begin
336,000 new text end |
new text begin
336,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
4,218,000 new text end |
new text begin
4,218,000 new text end |
new text begin
Family and Medical Benefit Insurance new text end |
new text begin
530,000 new text end |
new text begin
530,000 new text end |
new text begin
Health Care Access Fund new text end |
new text begin
48,922,000 new text end |
new text begin
48,922,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following sections.
new text end
new text begin Subd. 2. new text end
new text begin
Information Technology Appropriations
|
new text begin
(a) IT Appropriations Generally
new text end
new text begin
This appropriation includes funds for
information technology projects, services, and
support. Funding for information technology
project costs must be incorporated into the
service-level agreement and paid to Minnesota
IT Services by the Department of Human
Services under the rates and mechanism
specified in that agreement.
new text end
new text begin
(b) Receipts for Systems Project
new text end
new text begin
Appropriations and federal receipts for
information technology systems projects for
MAXIS, PRISM, MMIS, ISDS, METS, and
SSIS must be deposited in the state systems
account authorized in Minnesota Statutes,
section 256.014. Money appropriated for
information technology projects approved by
the commissioner of Minnesota IT Services,
funded by the legislature, and approved by the
commissioner of management and budget may
be transferred from one project to another and
from development to operations as the
commissioner of human services deems
necessary. Any unexpended balance in the
appropriation for these projects does not
cancel and is available for ongoing
development and operations.
new text end
Sec. 3. new text begin CENTRAL OFFICE; OPERATIONS
|
new text begin
$ new text end |
new text begin
176,857,000 new text end |
new text begin
$ new text end |
new text begin
181,505,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
156,796,000 new text end |
new text begin
161,444,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
248,000 new text end |
new text begin
248,000 new text end |
new text begin
Health Care Access Fund new text end |
new text begin
19,813,000 new text end |
new text begin
19,813,000 new text end |
new text begin
Paid Family Medical Leave new text end |
new text begin
530,000 new text end |
new text begin
530,000 new text end |
new text begin
(a) MnCHOICES Systems Costs. $38,000
in fiscal year 2027 is for systems costs related
to MnCHOICES modifications. This is a
onetime appropriation.
new text end
new text begin
(b) The general fund base for this section is
$159,091,000 in fiscal year 2028 and
$158,483,000 in fiscal year 2029.
new text end
Sec. 4. new text begin CENTRAL OFFICE; HEALTH CARE
|
new text begin
$ new text end |
new text begin
66,861,000 new text end |
new text begin
$ new text end |
new text begin
62,728,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
38,693,000 new text end |
new text begin
34,560,000 new text end |
new text begin
Health Care Access Fund new text end |
new text begin
28,168,000 new text end |
new text begin
28,168,000 new text end |
Sec. 5. new text begin CENTRAL OFFICE; AGING AND
|
new text begin
$ new text end |
new text begin
54,136,000 new text end |
new text begin
$ new text end |
new text begin
52,670,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Appropriations by Fund
|
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
54,011,000 new text end |
new text begin
52,545,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
125,000 new text end |
new text begin
125,000 new text end |
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base for this section is
$51,279,000 in fiscal year 2028 and
$51,079,000 in fiscal year 2029.
new text end
Sec. 6. new text begin CENTRAL OFFICE; BEHAVIORAL
|
new text begin
$ new text end |
new text begin
23,720,000 new text end |
new text begin
$ new text end |
new text begin
24,144,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
23,557,000 new text end |
new text begin
23,981,000 new text end |
new text begin
Lottery Prize new text end |
new text begin
163,000 new text end |
new text begin
163,000 new text end |
new text begin
The general fund base for this section is
$24,046,000 in fiscal year 2028 and
$24,046,000 in fiscal year 2029.
new text end
Sec. 7. new text begin CENTRAL OFFICE; HOMELESSNESS,
|
new text begin
$ new text end |
new text begin
6,980,000 new text end |
new text begin
$ new text end |
new text begin
6,424,000 new text end |
new text begin
The general fund base for this section is
$6,469,000 in fiscal year 2028 and $6,469,000
in fiscal year 2029.
new text end
Sec. 8. new text begin CENTRAL OFFICE; OFFICE OF
|
new text begin
$ new text end |
new text begin
43,731,000 new text end |
new text begin
$ new text end |
new text begin
46,139,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
38,945,000 new text end |
new text begin
41,353,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
3,845,000 new text end |
new text begin
3,845,000 new text end |
new text begin
Health Care Access Fund new text end |
new text begin
941,000 new text end |
new text begin
941,000 new text end |
new text begin
The general fund base for this section is
$41,150,000 in fiscal year 2028 and
$41,096,000 in fiscal year 2029.
new text end
Sec. 9. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
84,138,000 new text end |
new text begin
$ new text end |
new text begin
86,462,000 new text end |
Sec. 10. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
67,113,000 new text end |
new text begin
$ new text end |
new text begin
69,089,000 new text end |
Sec. 11. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
279,258,000 new text end |
new text begin
$ new text end |
new text begin
275,009,000 new text end |
Sec. 12. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
7,466,606,000 new text end |
new text begin
$ new text end |
new text begin
7,574,281,000 new text end |
Sec. 13. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
55,757,000 new text end |
new text begin
$ new text end |
new text begin
56,900,000 new text end |
new text begin
Any money allocated to the alternative care
program that is not spent for the purposes
indicated does not cancel but must be
transferred to the medical assistance account.
new text end
Sec. 14. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
136,788,000 new text end |
new text begin
$ new text end |
new text begin
116,230,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
136,615,000 new text end |
new text begin
116,057,000 new text end |
new text begin
Lottery new text end |
new text begin
173,000 new text end |
new text begin
173,000 new text end |
Sec. 15. new text begin GRANT PROGRAMS; REFUGEE
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
$ new text end |
new text begin
100,000 new text end |
Sec. 16. new text begin GRANT PROGRAMS; HEALTH
|
new text begin
$ new text end |
new text begin
(100,000) new text end |
new text begin
$ new text end |
new text begin
(100,000) new text end |
new text begin
This amount is subtracted from direct
appropriations for this budget activity made
by the 94th Legislature.
new text end
Sec. 17. new text begin GRANT PROGRAMS; OTHER
|
new text begin
$ new text end |
new text begin
3,543,000 new text end |
new text begin
$ new text end |
new text begin
2,721,000 new text end |
new text begin
(a) Supported-decision-making programs.
$796,000 in fiscal year 2026 and $796,000 in
fiscal year 2027 are for
supported-decision-making grants under Laws
2023, chapter 61, article 1, section 61,
subdivision 3. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(b) Base level adjustment. The general fund
base for this appropriation is $1,925,000 in
fiscal year 2028 and $1,925,000 in fiscal year
2029.
new text end
Sec. 18. new text begin GRANT PROGRAMS; AGING AND
|
new text begin
$ new text end |
new text begin
42,054,000 new text end |
new text begin
$ new text end |
new text begin
41,055,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Senior Nutrition Programs
|
new text begin
$1,538,000 in fiscal year 2026 and $1,538,000
in fiscal year 2027 are for senior nutrition
programs under Minnesota Statutes, section
256.9752. This is a onetime appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Dementia Grants
|
new text begin
$1,000,000 in fiscal year 2026 is for regional
and local dementia grants administered by the
Minnesota Board on Aging under Minnesota
Statutes, section 256.975, subdivision 11. This
is a onetime appropriation and is available
until June 20, 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base for this section is
$39,517,000 in fiscal year 2028 and
$39,517,000 in fiscal year 2029.
new text end
Sec. 19. new text begin DEAF, DEAFBLIND, AND HARD OF
|
new text begin
$ new text end |
new text begin
2,886,000 new text end |
new text begin
$ new text end |
new text begin
2,886,000 new text end |
Sec. 20. new text begin GRANT PROGRAMS; DISABILITY
|
new text begin
$ new text end |
new text begin
64,530,000 new text end |
new text begin
$ new text end |
new text begin
26,353,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Self-Directed Bargaining
|
new text begin
$3,000,000 in fiscal year 2026 is for
orientation program start-up costs as defined
by the SEIU collective bargaining agreement.
This is a onetime appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Self-Directed Bargaining Agreement;
|
new text begin
$2,000,000 in fiscal year 2026 and $500,000
in fiscal year 2027 are for ongoing costs
related to the orientation program as defined
by the SEIU collective bargaining agreement.
The base for this appropriation is $500,000 in
fiscal year 2028 and $500,000 in fiscal year
2029.
new text end
new text begin Subd. 3. new text end
new text begin
Self-Directed Bargaining Agreement;
|
new text begin
$2,250,000 in fiscal year 2026 is for onetime
stipends of $750 for collective bargaining unit
members for training. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Self-Directed Bargaining Agreement;
|
new text begin
$350,000 in fiscal year 2026 is for a vendor
to create a retirement trust, as defined by the
SEIU collective bargaining agreement. This
is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Self-Directed Bargaining Agreement;
|
new text begin
$30,750,000 in fiscal year 2026 is for stipends
of $1,200 for collective bargaining unit
members for retention and defraying any
health insurance costs they may incur.
Stipends are available once per fiscal year per
member for fiscal year 2026 and fiscal year
2027. Of this amount, $30,000,000 in fiscal
year 2026 is for stipends and $750,000 in
fiscal year 2026 is for administration. This is
a onetime appropriation and is available until
June 30, 2027.
new text end
new text begin Subd. 6. new text end
new text begin
Disability Service Technology and
|
new text begin
$500,000 in fiscal year 2026 and $500,000 in
fiscal year 2027 are for the purposes of the
disability services technology and advocacy
grant under Minnesota Statutes, section
256.4768. The general fund base appropriation
for this purpose is set at $500,000 in fiscal
year 2028, $500,000 in fiscal year 2029,
$500,000 in fiscal year 2030, and $0 in fiscal
year 2031.
new text end
Sec. 21. new text begin GRANT PROGRAMS; HOUSING
|
new text begin
$ new text end |
new text begin
99,998,000 new text end |
new text begin
$ new text end |
new text begin
100,098,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Minnesota Homeless Study
|
new text begin
(a) $900,000 in fiscal year 2026 is for a grant
to the Amherst H. Wilder Foundation for
activities directly related to the triennial
Minnesota homeless study. Notwithstanding
Minnesota Statutes, section 16B.98,
subdivision 14, the commissioner may use up
to one percent of this appropriation for
administrative costs.
new text end
new text begin
(b) The Amherst H. Wilder Foundation must
submit a copy of the Minnesota homeless
study and a report that summarizes the
findings of the study to the chairs and ranking
minority members of the legislative
committees with jurisdiction over housing and
homelessness by March 1, 2028.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes,
section 16A.28, any unencumbered balance
in fiscal year 2026 does not cancel and is
available in fiscal year 2027.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Shelter Facilities
|
new text begin
(a) $3,000,000 in fiscal year 2026 is for grants
to eligible applicants for the acquisition of
property; site preparation, including
demolition; predesign; design; construction;
renovation; furnishing; and equipping of
emergency shelter facilities in accordance with
emergency shelter facilities grants.
new text end
new text begin
(b) This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base for this section is
$97,098,000 in fiscal year 2028 and
$97,098,000 in fiscal year 2029.
new text end
Sec. 22. new text begin GRANT PROGRAMS; ADULT
|
new text begin
$ new text end |
new text begin
112,352,000 new text end |
new text begin
$ new text end |
new text begin
110,852,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Mobile Crisis Grants
|
new text begin
$1,620,000 in fiscal year 2026 is for mobile
crisis grants under Minnesota Statutes, section
245.4661, subdivision 9, paragraph (b), clause
(15). Money may be used by mobile crisis
teams to purchase and renovate vehicles to
provide protected transport under Minnesota
Statutes, section 256B.0625, subdivision 17,
paragraph (l), clause (6). This is a onetime
appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Intensive Residential Treatment
|
new text begin
$1,500,000 in fiscal year 2026 is for a grant
to the city of Brooklyn Park as start-up
funding for an intensive residential treatment
services and residential crisis stabilization
services facility. This is a onetime
appropriation and is available until June 30,
2027.
new text end
Sec. 23. new text begin GRANT PROGRAMS; CHILDREN'S
|
new text begin
$ new text end |
new text begin
37,375,000 new text end |
new text begin
$ new text end |
new text begin
36,175,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Clay County Psychiatric
|
new text begin
$1,200,000 in fiscal year 2026 is for a grant
to Clay County for costs related to the
purchase of equipment and final redesign and
remodeling for the conversion of the West
Central Regional Juvenile Center nonsecure
unit into an 18-bed psychiatric residential
treatment facility for persons younger than 21
years of age, pursuant to Minnesota Statutes,
section 256B.0941. This is a onetime
appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
School-Linked Behavioral Health
|
new text begin
$1,250,000 in fiscal year 2026 and $1,250,000
in fiscal year 2027 are for school-linked
behavioral health grants under Minnesota
Statutes, section 245.4901.
new text end
Sec. 24. new text begin GRANT PROGRAMS; CHEMICAL
|
new text begin
$ new text end |
new text begin
3,247,000 new text end |
new text begin
$ new text end |
new text begin
3,247,000 new text end |
Sec. 25. new text begin GRANT PROGRAMS; HIV GRANTS
|
new text begin
$ new text end |
new text begin
8,220,000 new text end |
new text begin
$ new text end |
new text begin
2,220,000 new text end |
new text begin
HIV/AIDS Supportive Services. $6,000,000
in fiscal year 2026 is from the general fund to
the commissioner of human services for grants
to community-based HIV/AIDS supportive
services providers as defined in Minnesota
Statutes, section 256.01, subdivision 19, and
for payment of allowed health care costs as
defined in Minnesota Statutes, section
256.9365. This is a onetime appropriation and
is available until June 30, 2027.
new text end
Laws 2023, chapter 61, article 9, section 2, subdivision 13, is amended to read:
Subd. 13.Grant Programs; Other Long-Term
|
152,387,000 |
1,925,000 |
(a) Provider Capacity Grant for Rural and
Underserved Communities. $17,148,000 in
fiscal year 2024 is for provider capacity grants
for rural and underserved communities.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. This is a onetime appropriation.
(b) New American Legal, Social Services,
and Long-Term Care Grant Program.
$28,316,000 in fiscal year 2024 is for
long-term care workforce grants for new
Americans. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is
available until June 30, 2027. This is a onetime
appropriation.
(c) Supported Decision Making Programs.
$4,000,000 in fiscal year 2024 is for supported
decision making grants. This is a onetime
appropriation and is available until June 30,
deleted text begin 2025deleted text end new text begin 2027new text end .
(d) Direct Support Professionals
Employee-Owned Cooperative Program.
$350,000 in fiscal year 2024 is for a grant to
the Metropolitan Consortium of Community
Developers for the Direct Support
Professionals Employee-Owned Cooperative
program. The grantee must use the grant
amount for outreach and engagement,
managing a screening and selection process,
providing one-on-one technical assistance,
developing and providing training curricula
related to cooperative development and home
and community-based waiver services,
administration, reporting, and program
evaluation. This is a onetime appropriation
and is available until June 30, 2025.
(e) Long-Term Services and Supports
Workforce Incentive Grants. $83,560,000
in fiscal year 2024 is for long-term services
and supports workforce incentive grants
administered according to Minnesota Statutes,
section 256.4764. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is
available until June 30, 2029. This is a onetime
appropriation.
(f) Base Level Adjustment. The general fund
base is $3,949,000 in fiscal year 2026 and
$3,949,000 in fiscal year 2027. Of these
amounts, $2,024,000 in fiscal year 2026 and
$2,024,000 in fiscal year 2027 are for PCA
background study grants.
new text begin
This section is effective the day following final enactment.
new text end
Laws 2023, chapter 61, article 9, section 2, subdivision 14, as amended by Laws
2024, chapter 127, article 53, section 13, is amended to read:
Subd. 14.Grant Programs; Aging and Adult
|
164,626,000 |
34,795,000 |
(a) Vulnerable Adult Act Redesign Phase
Two. $17,129,000 in fiscal year 2024 is for
adult protection grants to counties and Tribes
under Minnesota Statutes, section 256M.42.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. The base for this appropriation
is $866,000 in fiscal year 2026 and $867,000
in fiscal year 2027.
(b) Caregiver Respite Services Grants.
$1,800,000 in fiscal year 2025 is for caregiver
respite services grants under Minnesota
Statutes, section 256.9756. This is a onetime
appropriation.new text begin Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end
(c) Live Well at Home Grants. $4,575,000
in fiscal year 2024 is for live well at home
grants under Minnesota Statutes, section
256.9754, subdivision 3f. This is a onetime
appropriation and is available until June 30,
2025.
(d) Senior Nutrition Program. $10,552,000
in fiscal year 2024 is for the senior nutrition
program. Notwithstanding Minnesota Statutes,
section 16A.28, this appropriation is available
until June 30, 2027. This is a onetime
appropriation.
(e) Age-Friendly Community Grants.
$3,000,000 in fiscal year 2024 is for the
continuation of age-friendly community grants
under Laws 2021, First Special Session
chapter 7, article 17, section 8, subdivision 1.
Notwithstanding Minnesota Statutes, section
16A.28, this is a onetime appropriation and is
available until June 30, 2027.
(f) Age-Friendly Technical Assistance
Grants. $1,725,000 in fiscal year 2024 is for
the continuation of age-friendly technical
assistance grants under Laws 2021, First
Special Session chapter 7, article 17, section
8, subdivision 2. Notwithstanding Minnesota
Statutes, section 16A.28, this is a onetime
appropriation and is available until June 30,
2027.
(g) Long-Term Services and Supports Loan
Program. $93,200,000 in fiscal year 2024 is
for the long-term services and supports loan
program under Minnesota Statutes, section
256R.55, and is available as provided therein.
(h) Base Level Adjustment. The general fund
base is $33,861,000 in fiscal year 2026 and
$33,862,000 in fiscal year 2027.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of human services, with the approval of the
commissioner of management and budget, may transfer unencumbered appropriation balances
for the biennium ending June 30, 2025, within fiscal years among general assistance, medical
assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing support
program, and the entitlement portion of the behavioral health fund between fiscal years of
the biennium. The commissioner shall report to the chairs and ranking minority members
of the legislative committees with jurisdiction over health and human services quarterly
about transfers made under this subdivision.
new text end
new text begin
Positions, salary money, and nonsalary administrative money
may be transferred within the Department of Human Services as the commissioners deem
necessary, with the advance approval of the commissioner of management and budget. The
commissioners shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance quarterly about transfers
made under this section.
new text end
new text begin
The amounts below for the fiscal
years indicated are transferred from the state government special revenue fund to the general
fund:
new text end
new text begin
(1) $6,175,000 in fiscal year 2025;
new text end
new text begin
(2) $12,349,000 in fiscal year 2026;
new text end
new text begin
(3) $12,349,000 in fiscal year 2027; and
new text end
new text begin
(4) $12,349,000 in fiscal year 2028.
new text end
new text begin
Local planning grants under Laws 2011, First
Special Session chapter 9, article 10, section 3, subdivision 4, paragraph (k), are eliminated
and the remaining balance is canceled to the general fund.
new text end
new text begin
$20,000,000 of the base appropriation in Laws 2023, chapter 59, article 3, section
11, is canceled to the general fund.
new text end
new text begin
$27,000,000 of the appropriation in Laws 2023, chapter 61, article 9, section 2,
subdivision 16, paragraph (g), is canceled to the general fund.
new text end
new text begin
$5,450,000 of the
appropriation in Laws 2023, chapter 61, article 9, section 2, subdivision 16, paragraph (a),
is canceled to the general fund.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
If an appropriation, transfer, or cancellation in this article is enacted more than once
during the 2025 regular session, the appropriation, transfer, or cancellation must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit.
new text end
new text begin
This article is effective July 1, 2025, unless a different effective date is specified.
new text end
Section 1. new text begin DIRECT CARE AND TREATMENT APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
executive board of direct care and treatment and for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and are available for
the fiscal years indicated for each purpose. The figures "2026" and "2027" used in this
article mean that the appropriations listed under them are available for the fiscal year ending
June 30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The
second year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin EXECUTIVE BOARD OF DIRECT
|
new text begin
$ new text end |
new text begin
594,090,000 new text end |
new text begin
$ new text end |
new text begin
617,483,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following sections.
new text end
Sec. 3. new text begin MENTAL HEALTH AND SUBSTANCE
|
new text begin
$ new text end |
new text begin
189,761,000 new text end |
new text begin
$ new text end |
new text begin
194,840,000 new text end |
Sec. 4. new text begin COMMUNITY-BASED SERVICES
|
new text begin
$ new text end |
new text begin
13,927,000 new text end |
new text begin
$ new text end |
new text begin
14,170,000 new text end |
Sec. 5. new text begin FORENSIC SERVICES
|
new text begin
$ new text end |
new text begin
160,239,000 new text end |
new text begin
$ new text end |
new text begin
164,094,000 new text end |
Sec. 6. new text begin SEX OFFENDER PROGRAM
|
new text begin
$ new text end |
new text begin
128,050,000 new text end |
new text begin
$ new text end |
new text begin
131,351,000 new text end |
Sec. 7. new text begin ADMINISTRATION
|
new text begin
$ new text end |
new text begin
102,113,000 new text end |
new text begin
$ new text end |
new text begin
113,028,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Locked Psychiatric Residential
|
new text begin
$100,000 in fiscal year 2026 is for planning a
build-out of a locked psychiatric residential
treatment facility (PRTF) operated by Direct
Care and Treatment. This is a onetime
appropriation and is available until June 30,
2027. By March 1, 2026, the Direct Care and
Treatment executive board must report to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
human services finance and policy on the plan
developed under this section. The report must
include but not be limited to:
new text end
new text begin
(1) the risks and benefits of locating the locked
PRTF in a metropolitan or rural location;
new text end
new text begin
(2) the estimated cost for the build-out of the
locked PRTF;
new text end
new text begin
(3) the estimated ongoing cost of maintaining
the locked PRTF; and
new text end
new text begin
(4) the estimated amount of costs that can be
recouped from medical assistance,
MinnesotaCare, and private insurance
payments.
new text end
new text begin Subd. 2. new text end
new text begin
Miller Building
|
new text begin
$1,200,000 in fiscal year 2026 is to demolish
the Miller Building and ancillary structures
and to prepare the site for future construction
on the Anoka-Metro Regional Treatment
Center campus.
new text end
new text begin Subd. 3. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base for this section is
$114,420,000 in fiscal year 2028 and
$114,420,000 in fiscal year 2029.
new text end
Laws 2024, chapter 125, article 8, section 2, subdivision 19, is amended to read:
Subd. 19.Direct Care and Treatment - Forensic
|
-0- |
7,752,000 |
(a) Employee incentives. $1,000,000 in fiscal
year 2025 is for incentives related to the
transition of CARE St. Peter to the forensic
mental health program.new text begin Employee incentive
payments under this paragraph must be made
to all employees who transitioned from CARE
St. Peter to another direct care and treatment
program, including employees who
transitioned prior to the closure of CARE St.
Peter. Employee incentive payments must total
$30,000 per transitioned employee, subject to
the payment schedule and service requirements
in this paragraph. The first incentive payment
of $4,000 must be made after the employee
has completed six months of service as an
employee of another direct care and treatment
program, followed by $6,000 at 12 months of
completed service, $8,000 at 18 months of
completed service, and $12,000 at 24 months
of completed service.new text end This is a onetime
appropriationnew text begin and is available until June 30,
2027new text end .
(b) Base Level Adjustment. The general fund
base is increased by $6,612,000 in fiscal year
2026 and increased by $6,612,000 in fiscal
year 2027.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) Money appropriated for budget programs in sections 3 to 7 may be transferred between
budget programs and between years of the biennium with the approval of the commissioner
of management and budget.
new text end
new text begin
(b) The executive board of Direct Care and Treatment, with the approval of the
commissioner of management and budget, may transfer money appropriated for Direct Care
and Treatment into the special revenue account for security systems and information
technology projects, services, and support.
new text end
new text begin
(c) The Direct Care and Treatment executive board, with the approval of the commissioner
of management and budget, may transfer money appropriated for Direct Care and Treatment
into the special revenue account for facilities management.
new text end
new text begin
(d) Positions, salary money, and nonsalary administrative money may be transferred
within and between Direct Care and Treatment and the Department of Human Services as
the executive board and commissioner consider necessary, with the advance approval of
the commissioner of management and budget.
new text end
new text begin
If an appropriation, transfer, or cancellation in this article is enacted more than once
during the 2025 regular session, the appropriation, transfer, or cancellation must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit.
new text end
new text begin
This article is effective July 1, 2025, unless a different effective date is specified.
new text end
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin COMMISSIONER OF HEALTH
|
new text begin
$ new text end |
new text begin
1,625,000 new text end |
new text begin
$ new text end |
new text begin
1,625,000 new text end |
Sec. 3. new text begin COUNCIL ON DISABILITY
|
new text begin
$ new text end |
new text begin
2,432,000 new text end |
new text begin
$ new text end |
new text begin
2,457,000 new text end |
Sec. 4. new text begin OFFICE OF THE OMBUDSMAN FOR
|
new text begin
$ new text end |
new text begin
3,706,000 new text end |
new text begin
$ new text end |
new text begin
3,765,000 new text end |
new text begin
Notwithstanding any other law to the contrary, the commissioner of health shall consider
the property rate increases for certain nursing facilities under Minnesota Statutes, section
256B.434, subdivision 4k, as moratorium exceptions and fund the rate increases with
moratorium exception funding under Minnesota Statutes, section 144A.073, subdivision
17.
new text end
new text begin
If an appropriation, transfer, or cancellation in this article is enacted more than once
during the 2025 regular session, the appropriation, transfer, or cancellation must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit.
new text end
new text begin
This article is effective July 1, 2025, unless a different effective date is specified.
new text end
Repealed Minnesota Statutes: H2434-3
"Skilled treatment services" has the meaning provided in section 254B.01, subdivision 10.
A license holder may provide or arrange the following additional treatment service as a part of the client's individual treatment plan:
(1) relationship counseling provided by a qualified professional to help the client identify the impact of the client's substance use disorder on others and to help the client and persons in the client's support structure identify and change behaviors that contribute to the client's substance use disorder;
(2) therapeutic recreation to allow the client to participate in recreational activities without the use of mood-altering chemicals and to plan and select leisure activities that do not involve the inappropriate use of chemicals;
(3) stress management and physical well-being to help the client reach and maintain an appropriate level of health, physical fitness, and well-being;
(4) living skills development to help the client learn basic skills necessary for independent living;
(5) employment or educational services to help the client become financially independent;
(6) socialization skills development to help the client live and interact with others in a positive and productive manner;
(7) room, board, and supervision at the treatment site to provide the client with a safe and appropriate environment to gain and practice new skills; and
(8) peer recovery support services must be provided by a recovery peer qualified according to section 245I.04, subdivision 18. Peer recovery support services must be provided according to sections 254B.05, subdivision 5, and 254B.052.
"Local agency" means the agency designated by a board of county commissioners, a local social services agency, or a human services board authorized under section 254B.03, subdivision 1, to determine financial eligibility for the behavioral health fund.
A person eligible for room and board services under section 254B.05, subdivision 5, paragraph (b), must score at level 4 on assessment dimensions related to readiness to change, relapse, continued use, or recovery environment in order to be assigned to services with a room and board component reimbursed under this section. Whether a treatment facility has been designated an institution for mental diseases under United States Code, title 42, section 1396d, shall not be a factor in making placements.
All sober homes must comply with applicable state laws and regulations and local ordinances related to maximum occupancy, fire safety, and sanitation. In addition, all sober homes must:
(1) maintain a supply of an opiate antagonist in the home in a conspicuous location and post information on proper use;
(2) have written policies regarding access to all prescribed medications;
(3) have written policies regarding evictions;
(4) return all property and medications to a person discharged from the home and retain the items for a minimum of 60 days if the person did not collect them upon discharge. The owner must make an effort to contact persons listed as emergency contacts for the discharged person so that the items are returned;
(5) document the names and contact information for persons to contact in case of an emergency or upon discharge and notification of a family member, or other emergency contact designated by the resident under certain circumstances, including but not limited to death due to an overdose;
(6) maintain contact information for emergency resources in the community to address mental health and health emergencies;
(7) have policies on staff qualifications and prohibition against fraternization;
(8) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed or administered pharmacotherapies approved by the United States Food and Drug Administration for the treatment of opioid use disorder;
(9) permit residents to use, as directed by a licensed prescriber, legally prescribed and dispensed or administered pharmacotherapies approved by the United States Food and Drug Administration to treat co-occurring substance use disorders and mental health conditions;
(10) have a fee schedule and refund policy;
(11) have rules for residents;
(12) have policies that promote resident participation in treatment, self-help groups, or other recovery supports;
(13) have policies requiring abstinence from alcohol and illicit drugs; and
(14) distribute the sober home bill of rights.
An individual living in a sober home has the right to:
(1) have access to an environment that supports recovery;
(2) have access to an environment that is safe and free from alcohol and other illicit drugs or substances;
(3) be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act, sections 626.557 to 626.5572;
(4) be treated with dignity and respect and to have personal property treated with respect;
(5) have personal, financial, and medical information kept private and to be advised of the sober home's policies and procedures regarding disclosure of such information;
(6) access, while living in the residence, to other community-based support services as needed;
(7) be referred to appropriate services upon leaving the residence, if necessary;
(8) retain personal property that does not jeopardize safety or health;
(9) assert these rights personally or have them asserted by the individual's representative or by anyone on behalf of the individual without retaliation;
(10) be provided with the name, address, and telephone number of the ombudsman for mental health, substance use disorder, and developmental disabilities and information about the right to file a complaint;
(11) be fully informed of these rights and responsibilities, as well as program policies and procedures; and
(12) not be required to perform services for the residence that are not included in the usual expectations for all residents.
Any complaints about a sober home may be made to and reviewed or investigated by the ombudsman for mental health and developmental disabilities, pursuant to sections 245.91 and 245.94.
In addition to pursuing other remedies, an individual may bring an action to recover damages caused by a violation of this section.
Repealed Minnesota Session Laws: H2434-3
Laws 2021, First Special Session chapter 7, article 13, section 75, as amended Subdivisions 3, 3as amended by Laws 2024, chapter 108, article 1, section 28; 6, 6as amended by Laws 2024, chapter 108, article 1, section 28;
Laws 2021, First Special Session chapter 7, article 13, section 75, is amended to read:
(a) The commissioner of human services must consult with and seek input and assistance from stakeholders concerning potential adjustments to the streamlined service menu from waiver reimagine phase I and to the existing rate exemption criteria and process.
(b) The commissioner of human services must consult with deleted text begin anddeleted text end new text begin ,new text end seek input and assistance fromnew text begin , and collaborate withnew text end stakeholders concerning the development and implementation of waiver reimagine phase II, including criteria and a process for individualized budget exemptions, and how waiver reimagine phase II can support and expand informed choice and informed decision making, including integrated employment, independent living, and self-direction, consistent with Minnesota Statutes, section 256B.4905.
new text begin (c) The commissioner of human services must consult with, seek input and assistance from, and collaborate with stakeholders concerning the implementation and revisions of the MnCHOICES 2.0 assessment tool. new text end
The commissioner must offer a public method to regularly receive input and concerns from people with disabilities and their families about waiver reimagine phase II. The commissioner shall provide deleted text begin regulardeleted text end new text begin quarterlynew text end public updates on policy development and on how new text begin recent new text end stakeholder input deleted text begin was used throughout thedeleted text end new text begin is being incorporated into the currentnew text end development and implementation of waiver reimagine phase II.
(a) The commissioner must convene, at regular intervals throughout the development and implementation of waiver reimagine phase II, a Waiver Reimagine Advisory Committee that consists of a group of diverse, representative stakeholders. The commissioner must solicit and endeavor to include racially, ethnically, and geographically diverse membership from each of the following groups:
(1) people with disabilities who use waiver services;
(2) family members of people who use waiver services;
(3) disability and behavioral health advocates;
(4) lead agency representatives; and
(5) waiver service providers.
(b) new text begin The assistant commissioner of aging and disability services must attend and participate in meetings of the Waiver Reimagine Advisory Committee.new text end
new text begin (c) new text end The Waiver Reimagine Advisory Committee must have the opportunity to deleted text begin assistdeleted text end new text begin collaborate in a meaningful waynew text end in developing and providing feedback on proposed plans for waiver reimagine components, including an individual budget methodology, criteria and a process for individualized budget exemptions, the consolidation of the four current home and community-based waiver service programs into two-waiver programs, new text begin the role of assessments and the MnCHOICES 2.0 assessment tool in determining service needs and individual budgets, new text end and other aspects of waiver reimagine phase II.
deleted text begin (c)deleted text end new text begin (d)new text end The Waiver Reimagine Advisory Committee must have an opportunity to assist in the development of and provide feedback on proposed adjustments and modifications to the streamlined menu of services and the existing rate exception criteria and process.
Prior to seeking federal approval for any aspect of waiver reimagine phase II and in deleted text begin consultationdeleted text end new text begin collaborationnew text end with the Waiver Reimagine Advisory Committee, the commissioner must submit to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services a report on plans for waiver reimagine phase II. The report must also include any plans to adjust or modify the streamlined menu of services deleted text begin ordeleted text end new text begin ,new text end the existing rate exemption criteria or processnew text begin , the proposed individual budget ranges, and the role of MnCHOICES 2.0 assessment tool in determining service needs and individual budget rangesnew text end .
(a) Prior to implementation of wavier reimagine phase II, the commissioner must establish a process to assist people who use waiver services and lead agencies transition to a two-waiver system with an individual budget methodology.
(b) The commissioner must ensure that the new waiver service menu and individual budgets allow people to live in their own home, family home, or any home and community-based setting of their choice. The commissioner must ensure, deleted text begin within available resources anddeleted text end subject to state and federal regulations and law, that waiver reimagine does not result in unintended service disruptions.
The commissioner must develop an online support planning and tracking tool for people using disability waiver services that allows access to the total budget available to the person, the services for which they are eligible, and the services they have chosen and used. The commissioner must explore operability options that would facilitate real-time tracking of a person's remaining available budget throughout the service year. The online support planning tool must provide information in an accessible format to support the person's informed choice. The commissioner must seek input from people with disabilities about the online support planning tool prior to its implementation.
The commissioner must develop and implement a curriculum and training plan to ensure all lead agency assessors and case managers have the knowledge and skills necessary to comply with informed decision making for people who used home and community-based disability waivers. Training and competency evaluations must be completed annually by all staff responsible for case management as described in Minnesota Statutes, sections 256B.092, subdivision 1a, paragraph (f), and 256B.49, subdivision 13, paragraph (e).
Laws 2021, First Special Session chapter 7, article 13, section 75, is amended to read:
(a) The commissioner of human services must consult with and seek input and assistance from stakeholders concerning potential adjustments to the streamlined service menu from waiver reimagine phase I and to the existing rate exemption criteria and process.
(b) The commissioner of human services must consult with deleted text begin anddeleted text end new text begin ,new text end seek input and assistance fromnew text begin , and collaborate withnew text end stakeholders concerning the development and implementation of waiver reimagine phase II, including criteria and a process for individualized budget exemptions, and how waiver reimagine phase II can support and expand informed choice and informed decision making, including integrated employment, independent living, and self-direction, consistent with Minnesota Statutes, section 256B.4905.
new text begin (c) The commissioner of human services must consult with, seek input and assistance from, and collaborate with stakeholders concerning the implementation and revisions of the MnCHOICES 2.0 assessment tool. new text end
The commissioner must offer a public method to regularly receive input and concerns from people with disabilities and their families about waiver reimagine phase II. The commissioner shall provide deleted text begin regulardeleted text end new text begin quarterlynew text end public updates on policy development and on how new text begin recent new text end stakeholder input deleted text begin was used throughout thedeleted text end new text begin is being incorporated into the currentnew text end development and implementation of waiver reimagine phase II.
(a) The commissioner must convene, at regular intervals throughout the development and implementation of waiver reimagine phase II, a Waiver Reimagine Advisory Committee that consists of a group of diverse, representative stakeholders. The commissioner must solicit and endeavor to include racially, ethnically, and geographically diverse membership from each of the following groups:
(1) people with disabilities who use waiver services;
(2) family members of people who use waiver services;
(3) disability and behavioral health advocates;
(4) lead agency representatives; and
(5) waiver service providers.
(b) new text begin The assistant commissioner of aging and disability services must attend and participate in meetings of the Waiver Reimagine Advisory Committee.new text end
new text begin (c) new text end The Waiver Reimagine Advisory Committee must have the opportunity to deleted text begin assistdeleted text end new text begin collaborate in a meaningful waynew text end in developing and providing feedback on proposed plans for waiver reimagine components, including an individual budget methodology, criteria and a process for individualized budget exemptions, the consolidation of the four current home and community-based waiver service programs into two-waiver programs, new text begin the role of assessments and the MnCHOICES 2.0 assessment tool in determining service needs and individual budgets, new text end and other aspects of waiver reimagine phase II.
deleted text begin (c)deleted text end new text begin (d)new text end The Waiver Reimagine Advisory Committee must have an opportunity to assist in the development of and provide feedback on proposed adjustments and modifications to the streamlined menu of services and the existing rate exception criteria and process.
Prior to seeking federal approval for any aspect of waiver reimagine phase II and in deleted text begin consultationdeleted text end new text begin collaborationnew text end with the Waiver Reimagine Advisory Committee, the commissioner must submit to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services a report on plans for waiver reimagine phase II. The report must also include any plans to adjust or modify the streamlined menu of services deleted text begin ordeleted text end new text begin ,new text end the existing rate exemption criteria or processnew text begin , the proposed individual budget ranges, and the role of MnCHOICES 2.0 assessment tool in determining service needs and individual budget rangesnew text end .
(a) Prior to implementation of wavier reimagine phase II, the commissioner must establish a process to assist people who use waiver services and lead agencies transition to a two-waiver system with an individual budget methodology.
(b) The commissioner must ensure that the new waiver service menu and individual budgets allow people to live in their own home, family home, or any home and community-based setting of their choice. The commissioner must ensure, deleted text begin within available resources anddeleted text end subject to state and federal regulations and law, that waiver reimagine does not result in unintended service disruptions.
The commissioner must develop an online support planning and tracking tool for people using disability waiver services that allows access to the total budget available to the person, the services for which they are eligible, and the services they have chosen and used. The commissioner must explore operability options that would facilitate real-time tracking of a person's remaining available budget throughout the service year. The online support planning tool must provide information in an accessible format to support the person's informed choice. The commissioner must seek input from people with disabilities about the online support planning tool prior to its implementation.
The commissioner must develop and implement a curriculum and training plan to ensure all lead agency assessors and case managers have the knowledge and skills necessary to comply with informed decision making for people who used home and community-based disability waivers. Training and competency evaluations must be completed annually by all staff responsible for case management as described in Minnesota Statutes, sections 256B.092, subdivision 1a, paragraph (f), and 256B.49, subdivision 13, paragraph (e).