SF 1483

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:57pm

A bill for an act
relating to human services; modifying the reimbursement for long-term care
consultation services; amending Minnesota Statutes 2020, section 256B.4905,
subdivisions 2, 4, 6, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 256B.4905, subdivision 2, is amended to read:

Subd. 2.

Employment first implementation for disability waiver services.

The
commissioner of human services shall ensure that:

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

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

Sec. 2.

Minnesota Statutes 2020, section 256B.4905, subdivision 4, is amended to read:

Subd. 4.

Independent living first implementation for disability waiver services.

The
commissioner of human services shall ensure that:

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

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

Sec. 3.

Minnesota Statutes 2020, section 256B.4905, subdivision 6, is amended to read:

Subd. 6.

Self-directed first implementation for disability waiver services.

The
commissioner of human services shall ensure that:

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

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

Sec. 4.

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

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin In the event that the commissioner determines that a lead agency
has authorized disability services after a violation of clause (2) of subdivisions 2, 4, or 6,
the commissioner shall recoup the cost of the assessment during which the violation occurred
by reducing reimbursement to lead agencies under section 256B.0911, subdivision 6.
new text end