HF 408

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; allowing certain people to provide independent living
skills services; regulating Centers for Independent Living; amending Minnesota
Statutes 2006, section 256B.49, subdivision 16, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, 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 shall 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, shall promote consumer choice, community
inclusion, self-sufficiency, and self-determination. new text begin In addition to the provider standards
and qualifications for the traumatic brain injury (TBI) and Community Alternatives for
Disabled Individuals (CADI) waivers listed in the Minnesota Disability Services Program
Manual, a person may provide independent living skills services if the lead agency
determines the person meets all of the provider qualifications.
new text end

(b) Beginning January 1, 2003, the commissioner shall 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) Consumer directed community support services shall be offered as an option to
all persons eligible for services under subdivision 11, by January 1, 2002.

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

(e) A transitional supports allowance shall 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 set-up 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, shall 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 the consumer-directed community support service 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).

Sec. 2.

Minnesota Statutes 2006, section 256B.49, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Centers for Independent Living. new text end

new text begin Centers for Independent Living are
certified to provide services to individuals with disabilities to maximize their independence
and productivity and to help integrate these individuals into the mainstream of society.
The commissioner shall work collaboratively with the certified Centers for Independent
Living to develop statewide programs and services, including, but not limited to, setting
the waivered provider standards to allow Centers for Independent Living to provide
services and supports included in the home and community-based waivers for persons with
disabilities such as independent living skills training, and other services as appropriate.
new text end