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HF 3359

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; codifying existing session law governing
consumer-directed community supports; amending Minnesota Statutes 2018,
section 256B.49, subdivision 16; Minnesota Statutes 2019 Supplement, sections
256B.0711, subdivision 1; 256S.01, subdivision 6; 256S.19, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapter 256B; repealing
Laws 2005, First Special Session chapter 4, article 7, sections 50; 51; Laws 2012,
chapter 247, article 4, section 47, as amended; Laws 2015, chapter 71, article 7,
section 54, as amended; Laws 2017, First Special Session chapter 6, article 1,
sections 44, as amended; 45, as amended.

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

ARTICLE 1

CONSUMER-DIRECTED COMMUNITY SUPPORTS CODIFICATION

Section 1.

new text begin [256B.4911] CONSUMER-DIRECTED COMMUNITY SUPPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Federal authority. new text end

new text begin Consumer-directed community supports, as referenced
in sections 256B.0913, subdivision 5, clause (17); 256B.092, subdivision 1b, clause (4);
256B.49, subdivision 16, paragraph (c); and chapter 256S are governed, in whole, by the
federally-approved waiver plans for home and community-based services.
new text end

new text begin Subd. 2. new text end

new text begin Costs associated with physical activities. new text end

new text begin The expenses allowed for adults
under the consumer-directed community supports option must include the costs at the lowest
rate available considering daily, monthly, semiannual, annual, or membership rates, including
transportation, associated with physical exercise or other physical activities to maintain or
improve the person's health and functioning.
new text end

new text begin Subd. 3. new text end

new text begin Expansion and increase of budget exceptions. new text end

new text begin (a) The commissioner of human
services must provide up to 30 percent more funds for either:
new text end

new text begin (1) consumer-directed community supports participants under sections 256B.092 and
256B.49 who have a coordinated service and support plan which identifies the need for
more services or supports under consumer-directed community supports than the amount
the participants are currently receiving under the consumer-directed community supports
budget methodology to:
new text end

new text begin (i) increase the amount of time a person works or otherwise improves employment
opportunities;
new text end

new text begin (ii) plan a transition to, move to, or live in a setting described in section 256D.44,
subdivision 5
, paragraph (g), clause (1), item (iii); or
new text end

new text begin (iii) develop and implement a positive behavior support plan; or
new text end

new text begin (2) home and community-based waiver participants under sections 256B.092 and 256B.49
who are currently using licensed providers for: (i) employment supports or services during
the day; or (ii) residential services, either of which cost more annually than the person would
spend under a consumer-directed community supports plan for any or all of the supports
needed to meet a goal identified in clause (1), item (i), (ii), or (iii).
new text end

new text begin (b) The exception under paragraph (a), clause (1), is limited to persons who can
demonstrate that they will have to discontinue using consumer-directed community supports
and accept other non-self-directed waiver services because their supports needed for a goal
described in paragraph (a), clause (1), item (i), (ii), or (iii), cannot be met within the
consumer-directed community supports budget limits.
new text end

new text begin (c) The exception under paragraph (a), clause (2), is limited to persons who can
demonstrate that, upon choosing to become a consumer-directed community supports
participant, the total cost of services, including the exception, will be less than the cost of
current waiver services.
new text end

new text begin Subd. 4. new text end

new text begin Budget exception for persons leaving institutions and crisis residential
settings.
new text end

new text begin (a) The commissioner must establish an institutional and crisis bed
consumer-directed community supports budget exception process in the home and
community-based services waivers under sections 256B.092 and 256B.49. This budget
exception process must be available for any individual who:
new text end

new text begin (1) is not offered available and appropriate services within 60 days since approval for
discharge from the individual's current institutional setting; and
new text end

new text begin (2) requires services that are more expensive than appropriate services provided in a
noninstitutional setting using the consumer-directed community supports option.
new text end

new text begin (b) Institutional settings for purposes of this exception include intermediate care facilities
for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka
Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds.
new text end

new text begin (c) The budget exception must be limited to no more than the amount of appropriate
services provided in a noninstitutional setting as determined by the lead agency managing
the individual's home and community-based services waiver. The lead agency must notify
the Department of Human Services of the budget exception.
new text end

new text begin Subd. 5. new text end

new text begin Shared services. new text end

new text begin (a) Medical assistance payments for shared services under
consumer-directed community supports are limited to this subdivision.
new text end

new text begin (b) For purposes of this subdivision, "shared services" means services provided at the
same time by the same direct care worker for individuals who have entered into an agreement
to share consumer-directed community support services.
new text end

new text begin (c) Shared services may include services in the personal assistance category as outlined
in the consumer-directed community supports community support plan and shared services
agreement, except:
new text end

new text begin (1) services for more than three individuals provided by one worker at one time;
new text end

new text begin (2) use of more than one worker for the shared services; and
new text end

new text begin (3) a child care program licensed under chapter 245A or operated by a local school
district or private school.
new text end

new text begin (d) The individuals, or as needed the individuals' representatives, must develop the plan
for shared services when developing or amending the consumer-directed community supports
plan, and must follow the consumer-directed community supports process for approval of
the plan by the lead agency. The plan for shared services in an individual's consumer-directed
community supports plan must include the intention to utilize shared services based on
individuals' needs and preferences.
new text end

new text begin (e) Individuals sharing services must use the same financial management services
provider.
new text end

new text begin (f) Individuals whose consumer-directed community supports community support plans
include an intent to utilize shared services must jointly develop, with the support of the
individuals' representatives as needed, a shared services agreement. This agreement must
include:
new text end

new text begin (1) the names of the individuals receiving shared services;
new text end

new text begin (2) the individuals' representative, if identified in their consumer-directed community
supports plans, and their duties;
new text end

new text begin (3) the names of the case managers;
new text end

new text begin (4) the financial management services provider;
new text end

new text begin (5) the shared services that must be provided;
new text end

new text begin (6) the schedule for shared services;
new text end

new text begin (7) the location where shared services must be provided;
new text end

new text begin (8) the training specific to each individual served;
new text end

new text begin (9) the training specific to providing shared services to the individuals identified in the
agreement;
new text end

new text begin (10) instructions to follow all required documentation for time and services provided;
new text end

new text begin (11) a contingency plan for each individual that accounts for service provision and billing
in the absence of one of the individuals in a shared services setting due to illness or other
circumstances;
new text end

new text begin (12) signatures of all parties involved in the shared services; and
new text end

new text begin (13) agreement by each individual who is sharing services on the number of shared hours
for services provided.
new text end

new text begin (g) Any individual or any individual's representative may withdraw from participating
in a shared services agreement at any time.
new text end

new text begin (h) The lead agency for each individual must authorize the use of the shared services
option based on the criteria that the shared service is appropriate to meet the needs, health,
and safety of each individual for whom they provide case management or care coordination.
new text end

new text begin (i) This subdivision must not be construed to reduce the total authorized
consumer-directed community supports budget for an individual.
new text end

new text begin (j) No later than September 30, 2019, the commissioner of human services must:
new text end

new text begin (1) submit an amendment to the Centers for Medicare and Medicaid Services for the
home and community-based services waivers authorized under sections 256B.0913,
256B.092, and 256B.49, and chapter 256S, to allow for a shared services option under
consumer-directed community supports; and
new text end

new text begin (2) with stakeholder input, develop guidance for shared services in consumer-directed
community-supports within the community-based services manual. Guidance must include:
new text end

new text begin (i) recommendations for negotiating payment for one-to-two and one-to-three services;
and
new text end

new text begin (ii) a template of the shared services agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
for subdivision 5, paragraphs (a) to (i), which are effective the day following final enactment
or upon federal approval, whichever occurs later. The commissioner of human services
must notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2. new text beginTREATMENT OF PREVIOUSLY OBTAINED FEDERAL APPROVALS.
new text end

new text begin This act must not be construed to require the commissioner to seek federal approval for
provisions for which the commissioner has already received federal approval. Federal
approvals the commissioner previously obtained for provisions repealed in section 3 survive
and apply to the corresponding subdivisions of section 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Laws 2005, First Special Session chapter 4, article 7, section 50, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Laws 2005, First Special Session chapter 4, article 7, section 51, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter
312, article 27, section 72, Laws 2015, chapter 71, article 7, section 58, Laws 2016, chapter
144, section 1, Laws 2017, First Special Session chapter 6, article 1, section 43, Laws 2017,
First Special Session chapter 6, article 1, section 54,
new text end new text begin is repealed.
new text end

new text begin (d) new text end new text begin Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special
Session chapter 6, article 1, section 54,
new text end new text begin is repealed.
new text end

new text begin (e) new text end new text begin Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by
Laws 2019, First Special Session chapter 9, article 5, section 80,
new text end new text begin is repealed.
new text end

new text begin (f) new text end new text begin Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws
2019, First Special Session chapter 9, article 5, section 81,
new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

CORRECTIONS

Section 1.

Minnesota Statutes 2019 Supplement, section 256B.0711, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

For purposes of this section:

(a) "Commissioner" means the commissioner of human services unless otherwise
indicated.

(b) "Covered program" means a program to provide direct support services funded in
whole or in part by the state of Minnesota, including the community first services and
supports programnew text begin under section 256B.85, subdivision 2, paragraph (e)new text end; deleted text beginconsumer directeddeleted text endnew text begin
consumer-directed
new text end community supports deleted text beginservicesdeleted text end and extended state plan personal care
assistance services available under programs established pursuant to home and
community-based service waivers authorized under section 1915(c) of the Social Security
Act, and Minnesota Statutes, including, but not limited to, chapter 256S and sections
256B.092 and 256B.49, and under the alternative care programdeleted text begin, as offered pursuant todeleted text endnew text begin undernew text end
section 256B.0913; the personal care assistance choice programdeleted text begin, as established pursuant todeleted text endnew text begin
under
new text end section 256B.0659, subdivisions 18 to 20; and any similar program that may provide
similar services in the future.

(c) "Direct support services" means personal care assistance services covered by medical
assistance under section 256B.0625, subdivisions 19a and 19c; assistance with activities of
daily living as defined in section 256B.0659, subdivision 1, paragraph (b), and instrumental
activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (i); and
other similar, in-home, nonprofessional long-term services and supports provided to an
elderly person or person with a disability by the person's employee or the employee of the
person's representative to meet such person's daily living needs and ensure that such person
may adequately function in the person's home and have safe access to the community.

(d) "Individual provider" means an individual selected by and working under the direction
of a participant in a covered program, or a participant's representative, to provide direct
support services to the participant, but does not include an employee of a provider agency,
subject to the agency's direction and control commensurate with agency employee status.

(e) "Participant" means a person who receives direct support services through a covered
program.

(f) "Participant's representative" means a participant's legal guardian or an individual
having the authority and responsibility to act on behalf of a participant with respect to the
provision of direct support services through a covered program.

Sec. 2.

Minnesota Statutes 2018, 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 deleted text beginshalldeleted text endnew text begin mustnew text end 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, deleted text beginshalldeleted text endnew text begin mustnew text end promote consumer choice, community
inclusion, self-sufficiency, and self-determination.

(b) deleted text beginBeginning January 1, 2003,deleted text end The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end simplify and improve
access to home and community-based waivered 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) deleted text beginConsumer directed community support services shalldeleted text endnew text begin Consumer-directed community
supports must
new text end be offered as an option to all persons eligible for services under subdivision
11deleted text begin, by January 1, 2002deleted text end.

(d) Services and supports deleted text beginshalldeleted text endnew text begin mustnew text end be arranged and provided consistent with
individualized written plans of care for eligible waiver recipients.

(e) A transitional supports allowance deleted text beginshalldeleted text endnew text begin mustnew text end 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 $3,000, 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; and

(5) personal supports and transports needed to locate and transition to community settings.

(f) The state of Minnesota and county agencies that administer home and
community-based waivered services for persons with disabilities, deleted text beginshalldeleted text endnew text begin mustnew text end 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 deleted text beginthedeleted text end consumer-directed community deleted text beginsupport servicedeleted text endnew text begin supportsnew text end
under this section. Liabilities include but are not limited todeleted text begin:deleted text end workers' compensation liability,
the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act
(FUTA).

Sec. 3.

Minnesota Statutes 2019 Supplement, section 256S.01, subdivision 6, is amended
to read:


Subd. 6.

Immunity; consumer-directed community supports.

The state of Minnesota,
or a county, managed care plan, county-based purchasing plan, or tribal government under
contract to administer the elderly waiver, is not liable for damages, injuries, or liabilities
sustained as a result of the participant, the participant's family, or the participant's authorized
representatives purchasing direct supports or goods with funds received through
consumer-directed community deleted text beginsupport servicesdeleted text endnew text begin supportsnew text end under the elderly waiver. Liabilities
include, but are not limited to, workers' compensation liability, Federal Insurance
Contributions Act under United States Code, title 26, subtitle c, chapter 21, or Federal
Unemployment Tax Act under Internal Revenue Code, chapter 23.

Sec. 4.

Minnesota Statutes 2019 Supplement, section 256S.19, subdivision 4, is amended
to read:


Subd. 4.

Calculation of monthly conversion budget cap with consumer-directed
community supports.

For the elderly waiver monthly conversion budget cap for the cost
of elderly waiver services with consumer-directed community deleted text beginsupport servicesdeleted text endnew text begin supportsnew text end,
the nursing facility case mix adjusted total payment rate used under subdivision 3 to calculate
the monthly conversion budget cap for elderly waiver services without consumer-directed
community supports must be reduced by a percentage equal to the percentage difference
between the consumer-directed deleted text beginservicesdeleted text endnew text begin community supportsnew text end budget limit that would be
assigned according to the elderly waiver plan and the corresponding monthly case mix
budget cap under this chapter, but not to exceed 50 percent.

APPENDIX

Repealed Minnesota Session Laws: 20-5919

Laws 2005, First Special Session chapter 4, article 7, section 50

Sec. 50. new text beginCONSUMER-DIRECTED COMMUNITY SUPPORTS METHODOLOGY.new text end

new text begin (a) Effective upon federal approval, for persons using the home and community-based waiver for persons with developmental disabilities whose consumer-directed community supports budgets were reduced by the October 2004, state-set budget methodology, the commissioner of human services must allow exceptions to exceed the state-set budget formula up to the daily average cost during calendar year 2004 or for persons who graduated from school during 2004, the average daily cost during July through December 2004, less one-half of case management and home modifications over $5,000 when the individual's county of financial responsibility determines that: new text end

new text begin (1) necessary alternative services will cost the same or more than the person's current budget; and new text end

new text begin (2) administrative expenses or provider rates will result in fewer hours of needed staffing for the person than under the consumer-directed community supports option. Any exceptions the county grants must be within the county's allowable aggregate amount for the home and community-based waiver for persons with developmental disabilities. new text end

new text begin (b) This section expires on the date the commissioner of human services implements a new consumer-directed community supports budget methodology that is based on information about the services and supports intensity needs of persons using the option and that adequately accounts for the increased costs of adults who graduate from school and need services funded by the waiver during the day. new text end

Laws 2005, First Special Session chapter 4, article 7, section 51

Sec. 51. new text beginCOSTS ASSOCIATED WITH PHYSICAL ACTIVITIES.new text end

new text begin Effective upon federal approval, the expenses allowed for adults under the consumer-directed community supports option shall include the costs at the lowest rate available considering daily, monthly, semi-annual, annual, or membership rates, including transportation, associated with physical exercise or other physical activities to maintain or improve the person's health and functioning. new text end

Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter 312, article 27, section 72; as amended by Laws 2015, chapter 71, article 7, section 58; as amended by Laws 2016, chapter 144, section 1; as amended by Laws 2017, First Special Session chapter 6, article 1, section 54

Sec. 72.

Laws 2012, chapter 247, article 4, section 47, is amended to read:


Sec. 47. COMMISSIONER TO SEEK AMENDMENT FOR EXCEPTION TO CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY.

By July 1, 2014, if necessary, the commissioner shall request an amendment to the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an exception to the consumer-directed community supports budget methodology to provide up to 20 percent more funds for those participants who have their 21st birthday and graduate from high school between 2013 to 2015 and are authorized for more services under consumer-directed community supports prior to graduation than the amount they are eligible to receive under the current consumer-directed community supports budget methodology. The exception is limited to those who can demonstrate that they will have to leave consumer-directed community supports and use other waiver services because their need for day or employment supports cannot be met within the consumer-directed community supports budget limits. The commissioner shall consult with the stakeholder group authorized under Minnesota Statutes, section 256B.0657, subdivision 11, to implement this provision. The exception process shall be effective upon federal approval for persons eligible through June 30, 2017.

Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special Session chapter 6, article 1, section 54

Sec. 54. CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY EXCEPTION.

(a) No later than September 30, 2015, if necessary, the commissioner of human services shall submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an exception to the consumer-directed community supports budget methodology to provide up to 20 percent more funds for:

(1) consumer-directed community supports participants who have graduated from high school and have a coordinated service and support plan which identifies the need for more services under consumer-directed community supports, either prior to graduation or in order to increase the amount of time a person works or to improve their employment opportunities, than the amount they are eligible to receive under the current consumer-directed community supports budget methodology; and

(2) home and community-based waiver participants who are currently using licensed services for employment supports or services during the day which cost more annually than the person would spend under a consumer-directed community supports plan for individualized employment supports or services during the day.

(b) The exception under paragraph (a) is limited to those persons who can demonstrate either that they will have to leave consumer-directed community supports and use other waiver services because their need for day or employment supports cannot be met within the consumer-directed community supports budget limits or they will move to consumer-directed community supports and their services will cost less than services currently being used.

EFFECTIVE DATE.

The exception under this section is effective October 1, 2015, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when this occurs.

Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by Laws 2019, First Special Session chapter 9, article 5, section 80

Sec. 80.

Laws 2017, First Special Session chapter 6, article 1, section 44, is amended to read:


Sec. 44. EXPANSION OF CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY EXCEPTION.

(a) No later than September 30, 2017, if necessary, the commissioner of human services shall submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to expand the exception to the consumer-directed community supports budget methodology under Laws 2015, chapter 71, article 7, section 54, to provide up to 30 percent more funds for either:

(1) consumer-directed community supports participants who have a coordinated service and support plan which identifies the need for an increased amount of services or supports under consumer-directed community supports than the amount they are currently receiving under the consumer-directed community supports budget methodology:

(i) to increase the amount of time a person works or otherwise improves employment opportunities;

(ii) to plan a transition to, move to, or live in a setting described in Minnesota Statutes, section 256D.44, subdivision 5, paragraph (g), clause (1), item (iii); or

(iii) to develop and implement a positive behavior support plan; or

(2) home and community-based waiver participants who are currently using licensed providers for (i) employment supports or services during the day; or (ii) residential services, either of which cost more annually than the person would spend under a consumer-directed community supports plan for any or all of the supports needed to meet the goals identified in paragraph (a), clause (1), items (i), (ii), and (iii).

(b) The exception under paragraph (a), clause (1), is limited to those persons who can demonstrate that they will have to discontinue using consumer-directed community supports and accept other non-self-directed waiver services because their supports needed for the goals described in paragraph (a), clause (1), items (i), (ii), and (iii), cannot be met within the consumer-directed community supports budget limits.

(c) The exception under paragraph (a), clause (2), is limited to those persons who can demonstrate that, upon choosing to become a consumer-directed community supports participant, the total cost of services, including the exception, will be less than the cost of current waiver services.

Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws 2019, First Special Session chapter 9, article 5, section 81

Sec. 81.

Laws 2017, First Special Session chapter 6, article 1, section 45, is amended to read:


Sec. 45.

CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY.

Subdivision 1.

Exception for persons leaving institutions and crisis residential settings.

(a) By September 30, 2017, the commissioner shall establish an institutional and crisis bed consumer-directed community supports budget exception process in the home and community-based services waivers under Minnesota Statutes, sections 256B.092 and 256B.49. This budget exception process shall be available for any individual who:

(1) is not offered available and appropriate services within 60 days since approval for discharge from the individual's current institutional setting; and

(2) requires services that are more expensive than appropriate services provided in a noninstitutional setting using the consumer-directed community supports option.

(b) Institutional settings for purposes of this exception include intermediate care facilities for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds. The budget exception shall be limited to no more than the amount of appropriate services provided in a noninstitutional setting as determined by the lead agency managing the individual's home and community-based services waiver. The lead agency shall notify the Department of Human Services of the budget exception.

Subd. 2.

Shared services.

(a) Medical assistance payments for shared services under consumer-directed community supports are limited to this subdivision.

(b) For purposes of this subdivision, "shared services" means services provided at the same time by the same direct care worker for individuals who have entered into an agreement to share consumer-directed community support services.

(c) Shared services may include services in the personal assistance category as outlined in the consumer-directed community supports community support plan and shared services agreement, except:

(1) services for more than three individuals provided by one worker at one time;

(2) use of more than one worker for the shared services; and

(3) a child care program licensed under chapter 245A or operated by a local school district or private school.

(d) The individuals or, as needed, their representatives shall develop the plan for shared services when developing or amending the consumer-directed community supports plan, and must follow the consumer-directed community supports process for approval of the plan by the lead agency. The plan for shared services in an individual's consumer-directed community supports plan shall include the intention to utilize shared services based on individuals' needs and preferences.

(e) Individuals sharing services must use the same financial management services provider.

(f) Individuals whose consumer-directed community supports community support plans include the intention to utilize shared services must also jointly develop, with the support of their representatives as needed, a shared services agreement. This agreement must include:

(1) the names of the individuals receiving shared services;

(2) the individuals' representative, if identified in their consumer-directed community supports plans, and their duties;

(3) the names of the case managers;

(4) the financial management services provider;

(5) the shared services that must be provided;

(6) the schedule for shared services;

(7) the location where shared services must be provided;

(8) the training specific to each individual served;

(9) the training specific to providing shared services to the individuals identified in the agreement;

(10) instructions to follow all required documentation for time and services provided;

(11) a contingency plan for each of the individuals that accounts for service provision and billing in the absence of one of the individuals in a shared services setting due to illness or other circumstances;

(12) signatures of all parties involved in the shared services; and

(13) agreement by each of the individuals who are sharing services on the number of shared hours for services provided.

(g) Any individual or any individual's representative may withdraw from participating in a shared services agreement at any time.

(h) The lead agency for each individual must authorize the use of the shared services option based on the criteria that the shared service is appropriate to meet the needs, health, and safety of each individual for whom they provide case management or care coordination.

(i) Nothing in this subdivision must be construed to reduce the total authorized consumer-directed community supports budget for an individual.

(j) No later than September 30, 2019, the commissioner of human services shall:

(1) submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.0913, 256B.0915, 256B.092, and 256B.49, to allow for a shared services option under consumer-directed community supports; and

(2) with stakeholder input, develop guidance for shared services in consumer-directed community-supports within the Community Based Services Manual. Guidance must include:

(i) recommendations for negotiating payment for one-to-two and one-to-three services; and

(ii) a template of the shared services agreement.

EFFECTIVE DATE.

This section is effective October 1, 2019, or upon federal approval, whichever is later, except for subdivision 2, paragraph (j), which is effective the day following final enactment. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.