SF 3246

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/13/2023 08:24am

A bill for an act
relating to humans services; directing the commissioner of human services to
expand reimbursement for overtime, overnight asleep services, and consecutive
shifts for personal care assistants and community-first services and supports
workers.

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

Section 1. new text begin DIRECTION TO COMMISSIONER; PERMITTING OVERTIME
REIMBURSEMENT FOR PERSONAL CARE ASSISTANTS AND
COMMUNITY-FIRST SERVICES AND SUPPORTS WORKERS.
new text end

new text begin (a) By January 1, 2024, the commissioner of human services, in consultation with staff
from the Office of the Revisor of Statutes; House Research Department; House Fiscal
Analysis; and the Office of Senate Counsel, Research and Fiscal Analysis, shall prepare
legislation for introduction in the 2024 legislative session proposing the statutory changes
needed to permit reimbursement of personal care assistants and community-first services
and supports workers to provide up to eight hours of overtime per week per worker beyond
the maximum number of reimbursable hours per month.
new text end

new text begin (b) By July 1, 2024, the commissioner of human services shall submit to the federal
Centers for Medicare and Medicaid Services any necessary changes to applicable waivers
or amendments to the state plan to permit reimbursement of personal care assistants and
community-first services and supports workers to provide up to eight hours of overtime per
week per worker beyond the maximum number of reimbursable hours per month.
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. 2. new text begin DIRECTION TO COMMISSIONER; PERMITTING OVERNIGHT ASLEEP
SERVICES REIMBURSEMENT FOR PERSONAL CARE ASSISTANTS AND
COMMUNITY-FIRST SERVICES AND SUPPORTS WORKERS.
new text end

new text begin (a) By January 1, 2024, the commissioner of human services, in consultation with staff
from the Office of the Revisor of Statutes; House Research Department; House Fiscal
Analysis; and the Office of Senate Counsel, Research and Fiscal Analysis, shall prepare
legislation for introduction in the 2024 legislative session proposing the statutory changes
needed to permit reimbursement of personal care assistants and community-first services
and supports workers to provide asleep or awake staffing overnight in the same manner as
direct support professionals under the brain injury waiver, community alternative care
waiver, community access for disability inclusion waiver, and developmental disabilities
waiver.
new text end

new text begin (b) By July 1, 2024, the commissioner of human services shall submit to the federal
Centers for Medicare and Medicaid Services any necessary changes to applicable waivers
or amendments to the state plan to permit reimbursement of personal care assistants and
community-first services and supports workers to provide asleep or awake staffing overnight
in the same manner as direct support professionals under the brain injury waiver, community
alternative care waiver, community access for disability inclusion waiver, and developmental
disabilities waiver.
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 begin DIRECTION TO COMMISSIONER; PERMITTING REIMBURSEMENT
FOR SHIFTS OF 24 HOURS OR LONGER FOR PERSONAL CARE ASSISTANTS
AND COMMUNITY-FIRST SERVICES AND SUPPORTS WORKERS.
new text end

new text begin (a) By January 1, 2024, the commissioner of human services, in consultation with staff
from the Office of the Revisor of Statutes; House Research Department; House Fiscal
Analysis; and the Office of Senate Counsel, Research and Fiscal Analysis, shall prepare
legislation for introduction in the 2024 legislative session proposing the statutory changes
needed to permit reimbursement of personal care assistants and community-first services
and supports workers to provide services in shifts of up to 80 consecutive hours when
otherwise compliant with federal and state labor laws.
new text end

new text begin (b) By July 1, 2024, the commissioner of human services shall submit to the federal
Centers for Medicare and Medicaid Services any necessary changes to applicable waivers
or amendments to the state plan to permit reimbursement of personal care assistants and
community-first services and supports workers to provide services in shifts of up to 80
consecutive hours when otherwise compliant with federal and state labor laws.
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