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HF 2850

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:36pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 03/10/2023

Current Version - as introduced

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A bill for an act
 relating to human services; modifying reimbursement rates for transitional supports
under the home and community-based services waivers; amending Minnesota
Statutes 2022, section 256B.49, subdivision 16.

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

Section 1.

Minnesota Statutes 2022, section 256B.49, subdivision 16, is amended to read:


Subd. 16.

Services and supports.

(a) Services and supports included in the home and
community-based waivers for persons with disabilities must meet the requirements set out
in United States Code, title 42, section 1396n. The services and supports, which are offered
as alternatives to institutional care, must promote consumer choice, community inclusion,
self-sufficiency, and self-determination.

(b) The commissioner must simplify and improve access to home and community-based
deleted text begin waivereddeleted text end new text begin waivernew text end services, to the extent possible, through the establishment of a common
service menu that is available to eligible recipients regardless of age, disability type, or
waiver program.

(c) Consumer-directed community supports must be offered as an option to all persons
eligible for services under subdivision 11.

(d) Services and supports must be arranged and provided consistent with individualized
written plans of care for eligible waiver recipients.

(e) A transitional supports allowance must be available to all persons under a home and
community-based waiver who are moving from a licensed setting to a community setting.
"Transitional supports allowance" means a onetime payment of up to deleted text begin $3,000deleted text end new text begin $7,000new text end , to
cover the costs, not covered by other sources, associated with moving from a licensed setting
to a community setting. Covered costs include:

(1) lease or rent deposits;

(2) security deposits;

(3) utilities setup costs, including telephone;

(4) essential furnishings and supplies; deleted text begin and
deleted text end

(5) personal supports and transports needed to locate and transition to community
settingsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) transitional supports provider administrative costs.
 new text end

(f) The state of Minnesota and county agencies that administer home and
community-based deleted text begin waivereddeleted text end new text begin waivernew text end services for persons with disabilities must not be liable
for damages, injuries, or liabilities sustained through the purchase of supports by the
individual, the individual's family, legal representative, or the authorized representative
with funds received through consumer-directed community supports under this section.
Liabilities include but are not limited to workers' compensation liability, the Federal Insurance
Contributions Act (FICA), or the Federal Unemployment Tax Act (FUTA).