Minnesota Legislature
SF 3782
as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:09am
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A bill for an act
relating to human services; establishing state policy regarding disability services;
modifying disability waiver reconfiguration project; amending Laws 2019, First
Special Session chapter 9, article 5, section 86; proposing coding for new law in
Minnesota Statutes, chapter 256B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[256B.4905] HOME AND COMMUNITY-BASED SERVICES POLICY
STATEMENT.
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new text begin Subdivision 1. new text end
new text begin Employment first policy. new text end
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It is the policy of the state of Minnesota that:
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(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
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(2) each waiver recipient of working age be offered, after an informed decision-making
process and during a person-centered planning process, the opportunity to work and earn a
competitive wage before exclusively being offered day services as defined in section
245D.03, subdivision 1, paragraph (c), clause (4), or successor provisions.
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new text begin Subd. 2. new text end
new text begin Independent living first policy. new text end
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It is the policy of the state of Minnesota that:
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(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
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(2) each adult waiver recipient be offered, after an informed decision-making process
and during a person-centered planning process, the opportunity to live as independently as
possible before being offered residential supports and services as defined in section 245D.03,
subdivision 1, paragraph (c), clause (3), or successor provisions.
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new text begin Subd. 3. new text end
new text begin Self-directed options first policy. new text end
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It is the policy of the state of Minnesota
that:
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(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption
that all adult Minnesotans with disabilities and all families of children with disabilities can
and want to use self-directed services and supports, including self-directed funding options;
and
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(2) each waiver recipient be offered, 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
nonconsumer-directed options.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Laws 2019, First Special Session chapter 9, article 5, section 86, is amended to
read:
Sec. 86. DISABILITY WAIVER RECONFIGURATION.
Subdivision 1.
Intent.
It is the intent of the legislature to reform the medical assistance
waiver programs for people with disabilities to simplify administration of the programsdeleted text begin ,deleted text end new text begin .
Disability waiver reconfiguration mustnew text end incentivize inclusivenew text begin ,new text end person-centerednew text begin , individualizednew text end
supportsdeleted text begin ,deleted text end new text begin and services; new text end enhance each person's new text begin self-determination and new text end personal authority
over the person's service choicedeleted text begin ,deleted text end new text begin ;new text end align benefits across waiversdeleted text begin , encouragedeleted text end new text begin ; ensurenew text end equity
across programs and populationsdeleted text begin , anddeleted text end new text begin ;new text end promote long-term sustainability of deleted text begin neededdeleted text end new text begin waivernew text end
servicesdeleted text begin . To the maximum extent possible, the Disability waiver reconfiguration mustdeleted text end new text begin ; andnew text end
maintain service stability and continuity of caredeleted text begin ,deleted text end while new text begin prioritizing, new text end promoting deleted text begin the mostdeleted text end new text begin ,
and creating incentives fornew text end independent deleted text begin anddeleted text end new text begin ,new text end integratednew text begin , and individualizednew text end supports deleted text begin of each
person's choosing in both short- and long-termdeleted text end new text begin and services chosen by each person through
an informed decision-making process and person-centered new text end planning.
Subd. 2.
Report.
By January 15, 2021, the commissioner of human services shall submit
a report to the members of the legislative committees with jurisdiction over human services
on any necessary waivers, state plan amendments, requests for new funding or realignment
of existing funds, any changes to state statute or rule, and any other federal authority
necessary to implement this section. The report must include information about the
commissioner's work to collect feedback and input from providers, persons accessing home
and community-based services waivers and their families, and client advocacy organizations.
Subd. 3.
Proposal.
By January 15, 2021, the commissioner shall develop a proposal to
reconfigure the medical assistance waivers provided in sections 256B.092 and 256B.49.
The proposal shall include all necessary plans for implementing two home and
community-based services waiver programs, as authorized under section 1915(c) of the
Social Security Act that serve persons who are determined to require the levels of care
provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care
facility for persons with developmental disabilities. new text begin Home and community-based waiver
programs must include self-directed supports and services, including self-directed funding
options. new text end Before submitting the final report to the legislature, the commissioner shall publish
a draft report with sufficient time for interested persons to offer additional feedback.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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