SF 5335

4th Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/22/2024 07:41pm

A bill for an act
relating to human services; modifying provisions governing disability services,
aging services, substance use disorder services, and priority admissions and civil
commitment; establishing the Direct Care and Treatment executive board, the
human services response contingency account, the Homelessness and Housing
Support Office, task forces, and working groups; requiring studies and reports;
providing for rulemaking; appropriating money; amending Minnesota Statutes
2022, sections 13.46, subdivisions 1, as amended, 10, as amended; 144G.41,
subdivision 1, by adding subdivisions; 144G.63, subdivisions 1, 4; 144G.64;
145.61, subdivision 5; 151.065, subdivision 7; 245.821, subdivision 1; 245.825,
subdivision 1; 245A.11, subdivision 2a; 245I.23, subdivision 19a; 246.018,
subdivision 3, as amended; 246.129, as amended; 246.13, subdivision 2, as
amended; 246.234, as amended; 246.36, as amended; 246.511, as amended; 252.27,
subdivision 2b; 252.282, subdivision 1, by adding a subdivision; 254B.01, by
adding subdivisions; 256.88; 256.89; 256.90; 256.91; 256.92; 256.9755,
subdivisions 2, 3; 256B.02, subdivision 11; 256B.076, by adding a subdivision;
256B.0911, subdivisions 12, 17, 20; 256B.0913, subdivision 5a; 256B.0924,
subdivision 3; 256B.434, by adding a subdivision; 256B.49, subdivision 16, by
adding a subdivision; 256B.4911, by adding subdivisions; 256B.4912, subdivision
1; 256B.69, subdivision 4; 256B.77, subdivision 7a; 256S.07, subdivision 1;
256S.205, subdivisions 2, 3, 5, by adding a subdivision; 447.42, subdivision 1;
604A.04, subdivision 3; Minnesota Statutes 2023 Supplement, sections 10.65,
subdivision 2; 13.46, subdivision 2, as amended; 15.01; 15.06, subdivision 1, as
amended; 15A.0815, subdivision 2; 15A.082, subdivisions 1, 3, 7; 43A.08,
subdivisions 1, 1a; 245.91, subdivision 4; 245A.03, subdivision 7, as amended;
245G.07, subdivision 2; 245I.04, subdivision 19; 246.54, subdivisions 1a, 1b;
246C.01; 246C.02, as amended; 246C.04, as amended; 246C.05, as amended;
253B.10, subdivision 1, as amended; 254B.05, subdivisions 1, 5, as amended;
254B.19, subdivision 1; 256.043, subdivision 3; 256.4764, subdivision 3; 256.9756,
subdivisions 1, 2; 256B.0622, subdivision 8; 256B.0911, subdivision 13;
256B.0913, subdivision 5, as amended; 256B.092, subdivision 1a; 256B.0949,
subdivision 15; 256B.49, subdivision 13; 256B.766; 256R.55; 270B.14, subdivision
1; Laws 2021, First Special Session chapter 7, article 13, section 68; article 17,
section 19, as amended; Laws 2023, chapter 53, article 21, sections 6; 7; Laws
2023, chapter 61, article 1, sections 60, subdivisions 1, 2; 67, subdivision 3; article
4, section 11; article 8, sections 1; 2; 3; 8; article 9, section 2, subdivisions 5, 14,
16, as amended, 18; Laws 2023, chapter 70, article 20, section 2, subdivision 29;
Laws 2024, chapter 79, article 1, sections 18; 23; 24; 25, subdivision 3; article 10,
sections 1; 6; proposing coding for new law in Minnesota Statutes, chapters 144G;
246C; 254B; 256; 256B; 256S; repealing Minnesota Statutes 2022, sections 246.41;
252.27, subdivisions 1a, 2, 3, 4a, 5, 6; 253C.01; 256.043, subdivision 4; 256B.0916,
subdivision 10; Minnesota Statutes 2023 Supplement, sections 246C.03; 252.27,
subdivision 2a; Laws 2023, chapter 25, section 190, subdivision 10; Laws 2024,
chapter 79, article 4, section 1, subdivision 3.

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

ARTICLE 1

DISABILITY SERVICES

Section 1.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, as amended
by Laws 2024, chapter 80, article 8, section 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to deleted text begin assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, deleted text end administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs, and prepare the databases
for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section
6. The following information may be disclosed under this paragraph: an individual's and
their dependent's names, dates of birth, Social Security or individual taxpayer identification
numbers, income, addresses, and other data as required, upon request by the Department
of Revenue. Disclosures by the commissioner of revenue to the commissioner of human
services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;

(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; and, when
applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, medical programs under chapter
256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

Sec. 2.

Minnesota Statutes 2022, section 245.821, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

Notwithstanding any law to the contrary, no private or
public facility for the treatment, housing, or counseling of more than five persons with
mental illness, physical disability, developmental disability, deleted text begin as defined in section 252.27,
subdivision 1a, deleted text end substance use disorder, or another form of dependency, nor any correctional
facility for more than five persons, shall be established without 30 days' written notice to
the affected municipality or other political subdivision.

Sec. 3.

Minnesota Statutes 2022, section 245.825, subdivision 1, is amended to read:

Subdivision 1.

Rules governing aversive and deprivation procedures.

The
commissioner of human services shall by October, 1983, promulgate rules governing the
use of aversive and deprivation procedures in all licensed facilities and licensed services
serving persons with developmental disabilities deleted text begin , as defined in section 252.27, subdivision
1a deleted text end . No provision of these rules shall encourage or require the use of aversive and deprivation
procedures. The rules shall prohibit: (1) the application of certain aversive and deprivation
procedures in facilities except as authorized and monitored by the commissioner; (2) the
use of aversive and deprivation procedures that restrict the consumers' normal access to
nutritious diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene
facilities, normal sleeping conditions, and necessary clothing; and (3) the use of faradic
shock without a court order. The rule shall further specify that consumers may not be denied
ordinary access to legal counsel and next of kin. In addition, the rule may specify other
prohibited practices and the specific conditions under which permitted practices are to be
carried out. For any persons receiving faradic shock, a plan to reduce and eliminate the use
of faradic shock shall be in effect upon implementation of the procedure.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, as amended
by Laws 2024, chapter 80, article 2, section 37, and Laws 2024, chapter 85, section 53, is
amended to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a family adult foster care home license is issued during this
moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. The commissioner shall not issue an initial license
for a community residential setting licensed under chapter 245D. When approving an
exception under this paragraph, the commissioner shall consider the resource need
determination process in paragraph (h), the availability of foster care licensed beds in the
geographic area in which the licensee seeks to operate, the results of a person's choices
during their annual assessment and service plan review, and the recommendation of the
local county board. The determination by the commissioner is final and not subject to appeal.
Exceptions to the moratorium include:

(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24; deleted text begin or
deleted text end

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital-level care deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (5) new community residential setting licenses determined necessary by the commissioner
for people affected by the closure of homes with a capacity of five or six beds currently
licensed as supervised living facilities licensed under Minnesota Rules, chapter 4665, but
not designated as intermediate care facilities. This exception is available until June 30, 2025.
new text end

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information shall be used to determine
where the reduced capacity determined under section 256B.493 will be implemented. The
commissioner shall consult with the stakeholders described in section 144A.351, and employ
a variety of methods to improve the state's capacity to meet the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the long-term
services and supports reports and statewide data and information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 245A.11, subdivision 2a, is amended to read:

Subd. 2a.

Adult foster care and community residential setting license capacity.

(a)
The commissioner shall issue adult foster care and community residential setting licenses
with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
except that the commissioner may issue a license with a capacity of five beds, including
roomers and boarders, according to paragraphs (b) to deleted text begin (g) deleted text end new text begin (h) new text end .

(b) The license holder may have a maximum license capacity of five if all persons in
care are age 55 or over and do not have a serious and persistent mental illness or a
developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a facility with a
licensed capacity of up to five persons to admit an individual under the age of 55 if the
variance complies with section 245A.04, subdivision 9, and approval of the variance is
recommended by the county in which the licensed facility is located.

(d) The commissioner may grant variances to paragraph (a) to allow the use of an
additional bed, up to six, for emergency crisis services for a person with serious and persistent
mental illness or a developmental disability, regardless of age, if the variance complies with
section 245A.04, subdivision 9, and approval of the variance is recommended by the county
in which the licensed facility is located.

(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an
additional bed, up to six, for respite services, as defined in section 245A.02, for persons
with disabilities, regardless of age, if the variance complies with sections 245A.03,
subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended
by the county in which the licensed facility is located. Respite care may be provided under
the following conditions:

(1) staffing ratios cannot be reduced below the approved level for the individuals being
served in the home on a permanent basis;

(2) no more than two different individuals can be accepted for respite services in any
calendar month and the total respite days may not exceed 120 days per program in any
calendar year;

(3) the person receiving respite services must have his or her own bedroom, which could
be used for alternative purposes when not used as a respite bedroom, and cannot be the
room of another person who lives in the facility; and

(4) individuals living in the facility must be notified when the variance is approved. The
provider must give 60 days' notice in writing to the residents and their legal representatives
prior to accepting the first respite placement. Notice must be given to residents at least two
days prior to service initiation, or as soon as the license holder is able if they receive notice
of the need for respite less than two days prior to initiation, each time a respite client will
be served, unless the requirement for this notice is waived by the resident or legal guardian.

(f) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five adults if the fifth bed does not increase the overall statewide
capacity of licensed adult foster care or community residential setting beds in homes that
are not the primary residence of the license holder, as identified in a plan submitted to the
commissioner by the county, when the capacity is recommended by the county licensing
agency of the county in which the facility is located and if the recommendation verifies
that:

(1) the facility meets the physical environment requirements in the adult foster care
licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each resident
or resident's legal representative documenting the resident's informed choice to remain
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before March 1, 2016.

(g) The commissioner shall not issue a new adult foster care license under paragraph (f)
after December 31, 2020. The commissioner shall allow a facility with an adult foster care
license issued under paragraph (f) before December 31, 2020, to continue with a capacity
of five adults if the license holder continues to comply with the requirements in paragraph
(f).

new text begin (h) The commissioner may issue an adult foster care or community residential setting
license with a capacity of five or six adults to facilities meeting the criteria in section
245A.03, subdivision 7, paragraph (a), clause (5), and grant variances to paragraph (b) to
allow the facility to admit an individual under the age of 55 if the variance complies with
section 245A.04, subdivision 9, and approval of the variance is recommended by the county
in which the licensed facility is located.
new text end

deleted text begin (h) deleted text end new text begin (i) new text end Notwithstanding Minnesota Rules, part 9520.0500, adult foster care and community
residential setting licenses with a capacity of up to six adults as allowed under this subdivision
are not required to be licensed as an adult mental health residential program according to
Minnesota Rules, parts 9520.0500 to 9520.0670.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2022, section 246.511, as amended by Laws 2024, chapter 79,
article 2, section 39, is amended to read:

246.511 RELATIVE RESPONSIBILITY.

Except for substance use disorder services paid for with money provided under chapter
254B, the executive board must not require under section 246.51 a client's relatives to pay
more than the following: (1) for services provided in a community-based service, the
noncovered cost of care as determined under the ability to pay determination; and (2) for
services provided at a regional treatment center operated by state-operated services, 20
percent of the cost of care, unless the relatives reside outside the state. deleted text begin The executive board
deleted text end deleted text begin must determine the responsibility of parents of children in state facilities to pay according
deleted text end deleted text begin to deleted text end deleted text begin section deleted text begin 252.27, subdivision 2 deleted text end , or in deleted text end deleted text begin rules adopted under chapter 254B if the cost of care
deleted text end deleted text begin is paid under chapter 254B. deleted text end The executive board may accept voluntary payments in excess
of 20 percent. The executive board may require full payment of the full per capita cost of
care in state facilities for clients whose parent, parents, spouse, guardian, or conservator do
not reside in Minnesota.

Sec. 7.

Minnesota Statutes 2022, section 252.27, subdivision 2b, is amended to read:

Subd. 2b.

deleted text begin Child's responsibility deleted text end new text begin Parental or guardian reimbursement to counties new text end .

new text begin (a)
Parental or guardian new text end responsibility deleted text begin of deleted text end new text begin for new text end the deleted text begin child for the deleted text end new text begin child's new text end cost of care new text begin incurred by
counties new text end shall be up to the maximum amount of the total income and resources attributed
to the child except for the clothing and personal needs allowance as provided in section
256B.35, subdivision 1. Reimbursement by the parents deleted text begin and child deleted text end new text begin or guardians new text end shall be made
to the county making any payments for services.

new text begin (b) Notwithstanding paragraph (a), new text end the county board may require payment of the full
cost of caring for children whose parents or guardians do not reside in this state.

new text begin (c) new text end To the extent that a child described in subdivision 1 is eligible for benefits under
chapter 62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.

Sec. 8.

Minnesota Statutes 2022, section 252.282, subdivision 1, is amended to read:

Subdivision 1.

Host county responsibility.

deleted text begin (a) For purposes of this section, "local system
needs planning" means the determination of need for ICF/DD services by program type,
location, demographics, and size of licensed services for persons with developmental
disabilities or related conditions.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end This section does not apply to semi-independent living services and
residential-based habilitation services funded as home and community-based services.

deleted text begin (c) deleted text end new text begin (b) new text end In collaboration with the commissioner and ICF/DD providers, counties shall
complete a local system needs planning process for each ICF/DD facility. Counties shall
evaluate the preferences and needs of persons with developmental disabilities to determine
resource demands through a systematic assessment and planning process by May 15, 2000,
and by July 1 every two years thereafter beginning in 2001.

deleted text begin (d) deleted text end new text begin (c) new text end A local system needs planning process shall be undertaken more frequently when
the needs or preferences of consumers change significantly to require reformation of the
resources available to persons with developmental disabilities.

deleted text begin (e) deleted text end new text begin (d) new text end A local system needs plan shall be amended anytime recommendations for
modifications to existing ICF/DD services are made to the host county, including
recommendations for:

(1) closure;

(2) relocation of services;

(3) downsizing; or

(4) modification of existing services for which a change in the framework of service
delivery is advocated.

Sec. 9.

Minnesota Statutes 2022, section 252.282, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Local system needs planning" means the determination of need for ICF/DD services
by program type, location, demographics, and size of licensed services for persons with
developmental disabilities or related conditions.
new text end

new text begin (c) "Related condition" has the meaning given in section 256B.02, subdivision 11.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 256.4764, subdivision 3, is amended
to read:

Subd. 3.

Allowable uses of grant money.

(a) Grantees must use grant money to provide
payments to eligible workers for the following purposes:

(1) retention, recruitment, and incentive payments;

(2) postsecondary loan and tuition payments;

(3) child care costs;

(4) transportation-related costs;

(5) personal care assistant background study costs; and

(6) other costs associated with retaining and recruiting workers, as approved by the
commissioner.

(b) Eligible workers may receive cumulative payments up to $1,000 per new text begin calendar new text end year
from the workforce incentive grant account and all other state money intended for the same
purpose. new text begin Workers are not eligible for payments under this section if they received payments
under section 256.4766.
new text end

(c) The commissioner must develop a grant cycle distribution plan that allows for
equitable distribution of money among eligible employers. The commissioner's determination
of the grant awards and amounts is final and is not subject to appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2023.
new text end

Sec. 11.

Minnesota Statutes 2022, section 256B.02, subdivision 11, is amended to read:

Subd. 11.

Related condition.

"Related condition" means deleted text begin that condition defined in section
252.27, subdivision 1a deleted text end new text begin a condition:
new text end

new text begin (1) that is found to be closely related to a developmental disability, including but not
limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi
syndrome; and
new text end

new text begin (2) that meets all of the following criteria:
new text end

new text begin (i) is severe and chronic;
new text end

new text begin (ii) results in impairment of general intellectual functioning or adaptive behavior similar
to that of persons with developmental disabilities;
new text end

new text begin (iii) requires treatment or services similar to those required for persons with
developmental disabilities;
new text end

new text begin (iv) is manifested before the person reaches 22 years of age;
new text end

new text begin (v) is likely to continue indefinitely;
new text end

new text begin (vi) results in substantial functional limitations in three or more of the following areas
of major life activity:
new text end

new text begin (A) self-care;
new text end

new text begin (B) understanding and use of language;
new text end

new text begin (C) learning;
new text end

new text begin (D) mobility;
new text end

new text begin (E) self-direction; or
new text end

new text begin (F) capacity for independent living; and
new text end

new text begin (vii) is not attributable to mental illness as defined in section 245.462, subdivision 20,
or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes
of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15,
"mental illness" does not include autism or other pervasive developmental disorders new text end .

Sec. 12.

Minnesota Statutes 2022, section 256B.076, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Case management provided under contract. new text end

new text begin If a county agency provides
case management under contracts with other individuals or agencies and the county agency
utilizes a competitive proposal process for the procurement of contracted case management
services, the competitive proposal process must include evaluation criteria to ensure that
the county maintains a culturally responsive program for case management services adequate
to meet the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that:
new text end

new text begin (1) ensures effective, equitable, comprehensive, and respectful quality care services that
are responsive to individuals within a specific population's values, beliefs, practices, health
literacy, preferred language, and other communication needs; and
new text end

new text begin (2) is designed to address the unique needs of individuals who share a common language
or racial, ethnic, or social background.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to
procurement processes that commence on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2022, section 256B.0911, subdivision 12, is amended to read:

Subd. 12.

Exception to use of MnCHOICES assessment; contracted assessors.

deleted text begin (a) deleted text end
A lead agency that has not implemented MnCHOICES assessments and uses contracted
assessors as of January 1, 2022, is not subject to the requirements of subdivisions 11, clauses
(7) to (9); 13; 14, paragraphs (a) to (c); 16 to 21; 23; 24; and 29 to 31.

deleted text begin (b) This subdivision expires upon statewide implementation of MnCHOICES assessments.
The commissioner shall notify the revisor of statutes when statewide implementation has
occurred.
deleted text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 256B.0911, subdivision 13, is
amended to read:

Subd. 13.

MnCHOICES assessor qualifications, training, and certification.

(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.

(b) MnCHOICES certified assessors must:

(1) either have a bachelor's degree in social work, nursing with a public health nursing
certificate, or other closely related field or be a registered nurse deleted text begin with at least two years of
home and community-based experience deleted text end ; and

(2) have received training and certification specific to assessment and consultation for
long-term care services in the state.

(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.

(d) Certified assessors must be recertified every three years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 256B.0911, subdivision 17, is amended to read:

Subd. 17.

MnCHOICES assessments.

(a) A person requesting long-term care
consultation services must be visited by a long-term care consultation team within 20
deleted text begin calendar deleted text end new text begin working new text end days after the date on which an assessment was requested or recommended.
Assessments must be conducted according to this subdivision and subdivisions 19 to 21,
23, 24, and 29 to 31.

(b) Lead agencies shall use certified assessors to conduct the assessment.

(c) For a person with complex health care needs, a public health or registered nurse from
the team must be consulted.

(d) The lead agency must use the MnCHOICES assessment provided by the commissioner
to complete a comprehensive, conversation-based, person-centered assessment. The
assessment must include the health, psychological, functional, environmental, and social
needs of the individual necessary to develop a person-centered assessment summary that
meets the individual's needs and preferences.

(e) Except as provided in subdivision 24, an assessment must be conducted by a certified
assessor in an in-person conversational interview with the person being assessed.

Sec. 16.

Minnesota Statutes 2022, section 256B.0911, subdivision 20, is amended to read:

Subd. 20.

MnCHOICES assessments; duration of validity.

(a) An assessment that is
completed as part of an eligibility determination for multiple programs for the alternative
care, elderly waiver, developmental disabilities, community access for disability inclusion,
community alternative care, and brain injury waiver programs under chapter 256S and
sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no
more than deleted text begin 60 calendar deleted text end new text begin 365 new text end days after the date of the assessment.

(b) The effective eligibility start date for programs in paragraph (a) can never be prior
to the date of assessment. deleted text begin If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). deleted text end Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (a)
cannot be prior to the completion date of the most recent updated assessment.

deleted text begin (c) If an eligibility update is completed within 90 days of the previous assessment and
documented in the department's Medicaid Management Information System (MMIS), the
effective date of eligibility for programs included in paragraph (a) is the date of the previous
in-person assessment when all other eligibility requirements are met.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 17.

Minnesota Statutes 2023 Supplement, section 256B.092, subdivision 1a, is
amended to read:

Subd. 1a.

Case management services.

(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described in
the federally approved waiver application.

(b) Case management service activities provided to or arranged for a person include:

(1) development of the person-centered support plan under subdivision 1b;

(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options, including all service options available under the
waiver plan;

(3) consulting with relevant medical experts or service providers;

(4) assisting the person in the identification of potential providers of chosen services,
including:

(i) providers of services provided in a non-disability-specific setting;

(ii) employment service providers;

(iii) providers of services provided in settings that are not controlled by a provider; and

(iv) providers of financial management services;

(5) assisting the person to access services and assisting in appeals under section 256.045;

(6) coordination of services, if coordination is not provided by another service provider;

(7) evaluation and monitoring of the services identified in the support plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person; and

(8) reviewing support plans and providing the lead agency with recommendations for
service authorization based upon the individual's needs identified in the support plan.

(c) Case management service activities that are provided to the person with a
developmental disability shall be provided directly by county agencies or under contract.
If a county agency contracts for case management services, the county agency must provide
each recipient of home and community-based services who is receiving contracted case
management services with the contact information the recipient may use to file a grievance
with the county agency about the quality of the contracted services the recipient is receiving
from a county-contracted case manager. new text begin If a county agency provides case management
under contracts with other individuals or agencies and the county agency utilizes a
competitive proposal process for the procurement of contracted case management services,
the competitive proposal process must include evaluation criteria to ensure that the county
maintains a culturally responsive program for case management services adequate to meet
the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.
new text end

new text begin (d) new text end Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must not
be provided to a recipient by a private agency that has a financial interest in the provision
of any other services included in the recipient's support plan. For purposes of this section,
"private agency" means any agency that is not identified as a lead agency under section
256B.0911, subdivision 10.

deleted text begin (d) deleted text end new text begin (e) new text end Case managers are responsible for service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate with consumers, families, legal representatives, and
relevant medical experts and service providers in the development and annual review of the
person-centered support plan and habilitation plan.

deleted text begin (e) deleted text end new text begin (f) new text end For persons who need a positive support transition plan as required in chapter
245D, the case manager shall participate in the development and ongoing evaluation of the
plan with the expanded support team. At least quarterly, the case manager, in consultation
with the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

deleted text begin (f) deleted text end new text begin (g) new text end The Department of Human Services shall offer ongoing education in case
management to case managers. Case managers shall receive no less than 20 hours of case
management education and disability-related training each year. The education and training
must include person-centered planning, informed choice, cultural competency, employment
planning, community living planning, self-direction options, and use of technology supports.
By August 1, 2024, all case managers must complete an employment support training course
identified by the commissioner of human services. For case managers hired after August
1, 2024, this training must be completed within the first six months of providing case
management services. For the purposes of this section, "person-centered planning" or
"person-centered" has the meaning given in section 256B.0911, subdivision 10. Case
managers must document completion of training in a system identified by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to
procurement processes that commence on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2022, section 256B.0924, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

Persons are eligible to receive targeted case management services
under this section if the requirements in paragraphs (a) and (b) are met.

(a) The person must be assessed and determined by the local county agency to:

(1) be age 18 or older;

(2) be receiving medical assistance;

(3) have significant functional limitations; and

(4) be in need of service coordination to attain or maintain living in an integrated
community setting.

(b) The person must be a vulnerable adult in need of adult protection as defined in section
626.5572, or is an adult with a developmental disability as defined in section 252A.02,
subdivision 2, or a related condition as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin 256B.02,
subdivision 11 new text end , and is not receiving home and community-based waiver services, or is an
adult who lacks a permanent residence and who has been without a permanent residence
for at least one year or on at least four occasions in the last three years.

Sec. 19.

Minnesota Statutes 2023 Supplement, section 256B.0949, subdivision 15, is
amended to read:

Subd. 15.

EIDBI provider qualifications.

(a) A QSP must be employed by an agency
and be:

(1) a licensed mental health professional who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
development; or

(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
typical child development.

(b) A level I treatment provider must be employed by an agency and:

(1) have at least 2,000 hours of supervised clinical experience or training in examining
or treating people with ASD or a related condition or equivalent documented coursework
at the graduate level by an accredited university in ASD diagnostics, ASD developmental
and behavioral treatment strategies, and typical child development or an equivalent
combination of documented coursework or hours of experience; and

(2) have or be at least one of the following:

(i) a master's degree in behavioral health or child development or related fields including,
but not limited to, mental health, special education, social work, psychology, speech
pathology, or occupational therapy from an accredited college or university;

(ii) a bachelor's degree in a behavioral health, child development, or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy, from an accredited college or university, and
advanced certification in a treatment modality recognized by the department;

(iii) a board-certified behavior analyst new text begin as defined by the Behavior Analyst Certification
Board or a qualified behavior analyst as defined by the Qualified Applied Behavior Analysis
Credentialing Board new text end ; or

(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
experience that meets all registration, supervision, and continuing education requirements
of the certification.

(c) A level II treatment provider must be employed by an agency and must be:

(1) a person who has a bachelor's degree from an accredited college or university in a
behavioral or child development science or related field including, but not limited to, mental
health, special education, social work, psychology, speech pathology, or occupational
therapy; and meets at least one of the following:

(i) has at least 1,000 hours of supervised clinical experience or training in examining or
treating people with ASD or a related condition or equivalent documented coursework at
the graduate level by an accredited university in ASD diagnostics, ASD developmental and
behavioral treatment strategies, and typical child development or a combination of
coursework or hours of experience;

(ii) has certification as a board-certified assistant behavior analyst from the Behavior
Analyst Certification Board new text begin or a qualified autism service practitioner from the Qualified
Applied Behavior Analysis Credentialing Board new text end ;

(iii) is a registered behavior technician as defined by the Behavior Analyst Certification
Board new text begin or an applied behavior analysis technician as defined by the Qualified Applied
Behavior Analysis Credentialing Board new text end ; or

(iv) is certified in one of the other treatment modalities recognized by the department;
or

(2) a person who has:

(i) an associate's degree in a behavioral or child development science or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy from an accredited college or university; and

(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
with ASD or a related condition. Hours worked as a mental health behavioral aide or level
III treatment provider may be included in the required hours of experience; or

(3) a person who has at least 4,000 hours of supervised clinical experience in delivering
treatment to people with ASD or a related condition. Hours worked as a mental health
behavioral aide or level III treatment provider may be included in the required hours of
experience; or

(4) a person who is a graduate student in a behavioral science, child development science,
or related field and is receiving clinical supervision by a QSP affiliated with an agency to
meet the clinical training requirements for experience and training with people with ASD
or a related condition; or

(5) a person who is at least 18 years of age and who:

(i) is fluent in a non-English language or is an individual certified by a Tribal Nation;

(ii) completed the level III EIDBI training requirements; and

(iii) receives observation and direction from a QSP or level I treatment provider at least
once a week until the person meets 1,000 hours of supervised clinical experience.

(d) A level III treatment provider must be employed by an agency, have completed the
level III training requirement, be at least 18 years of age, and have at least one of the
following:

(1) a high school diploma or commissioner of education-selected high school equivalency
certification;

(2) fluency in a non-English language or Tribal Nation certification;

(3) one year of experience as a primary personal care assistant, community health worker,
waiver service provider, or special education assistant to a person with ASD or a related
condition within the previous five years; or

(4) completion of all required EIDBI training within six months of employment.

Sec. 20.

Minnesota Statutes 2023 Supplement, section 256B.49, subdivision 13, is amended
to read:

Subd. 13.

Case management.

(a) Each recipient of a home and community-based waiver
shall be provided case management services by qualified vendors as described in the federally
approved waiver application. The case management service activities provided must include:

(1) finalizing the person-centered written support plan within the timelines established
by the commissioner and section 256B.0911, subdivision 29;

(2) informing the recipient or the recipient's legal guardian or conservator of service
options, including all service options available under the waiver plans;

(3) assisting the recipient in the identification of potential service providers of chosen
services, including:

(i) available options for case management service and providers;

(ii) providers of services provided in a non-disability-specific setting;

(iii) employment service providers;

(iv) providers of services provided in settings that are not community residential settings;
and

(v) providers of financial management services;

(4) assisting the recipient to access services and assisting with appeals under section
256.045; and

(5) coordinating, evaluating, and monitoring of the services identified in the service
plan.

(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including:

(1) finalizing the person-centered support plan;

(2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved person-centered support plan; and

(3) adjustments to the person-centered support plan.

(c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. new text begin If a county agency provides case
management under contracts with other individuals or agencies and the county agency
utilizes a competitive proposal process for the procurement of contracted case management
services, the competitive proposal process must include evaluation criteria to ensure that
the county maintains a culturally responsive program for case management services adequate
to meet the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.
new text end

new text begin (d) new text end Case management services must not be provided to a recipient by a private agency
that has any financial interest in the provision of any other services included in the recipient's
support plan. For purposes of this section, "private agency" means any agency that is not
identified as a lead agency under section 256B.0911, subdivision 10.

deleted text begin (d) deleted text end new text begin (e) new text end For persons who need a positive support transition plan as required in chapter
245D, the case manager shall participate in the development and ongoing evaluation of the
plan with the expanded support team. At least quarterly, the case manager, in consultation
with the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:

(1) phasing out the use of prohibited procedures;

(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and

(3) accomplishment of identified outcomes.

If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.

deleted text begin (e) deleted text end new text begin (f) new text end The Department of Human Services shall offer ongoing education in case
management to case managers. Case managers shall receive no less than 20 hours of case
management education and disability-related training each year. The education and training
must include person-centered planning, informed choice, cultural competency, employment
planning, community living planning, self-direction options, and use of technology supports.
By August 1, 2024, all case managers must complete an employment support training course
identified by the commissioner of human services. For case managers hired after August
1, 2024, this training must be completed within the first six months of providing case
management services. For the purposes of this section, "person-centered planning" or
"person-centered" has the meaning given in section 256B.0911, subdivision 10. Case
managers shall document completion of training in a system identified by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to
procurement processes that commence on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2022, 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 must 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, must promote consumer choice, community inclusion,
self-sufficiency, and self-determination.

(b) The commissioner must simplify and improve access to home and community-based
deleted text begin waivered deleted text end new text begin waiver new text end 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 supports must be offered as an option to all persons
eligible for services under subdivision 11.

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

deleted text begin (e) A transitional supports allowance must 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:
deleted text end

deleted text begin (1) lease or rent deposits;
deleted text end

deleted text begin (2) security deposits;
deleted text end

deleted text begin (3) utilities setup costs, including telephone;
deleted text end

deleted text begin (4) essential furnishings and supplies; and
deleted text end

deleted text begin (5) personal supports and transports needed to locate and transition to community settings.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end The state of Minnesota and county agencies that administer home and
community-based deleted text begin waivered deleted text end new text begin waiver new text end services for persons with disabilities must 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 consumer-directed community supports 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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 22.

Minnesota Statutes 2022, section 256B.4911, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Budget procedures. new text end

new text begin When a lead agency authorizes or reauthorizes
consumer-directed community supports services for a home and community-based services
waiver participant, the lead agency must provide to the waiver participant and the waiver
participant's legal representative the following information in an accessible format and in
a manner that meets the participant's needs:
new text end

new text begin (1) an explanation of how the participant's consumer-directed community supports
services budget was calculated, including a detailed explanation of the variables used in the
budget formula;
new text end

new text begin (2) a copy of the formula used to calculate the participant's consumer-directed community
supports services budget; and
new text end

new text begin (3) information about the participant's right to appeal the consumer-directed community
supports services budget in accordance with sections 256.045 and 256.0451.
new text end

Sec. 23.

Minnesota Statutes 2022, section 256B.4911, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Consumer-directed community supports policy. new text end

new text begin Policies governing the
consumer-directed community supports program must be created solely by the commissioner.
Lead agencies must not create or implement any policies that are in addition to or inconsistent
with policies created by the commissioner or federal or state laws. Any handbooks,
procedures, or other guidance documents maintained by a lead agency do not have the force
or effect of law, and must not be given deference if introduced in a state fair hearing
conducted under sections 256.045 and 256.0451.
new text end

Sec. 24.

Minnesota Statutes 2022, section 256B.4912, subdivision 1, is amended to read:

Subdivision 1.

Provider qualifications.

(a) For the home and community-based waivers
providing services to seniors and individuals with disabilities under chapter 256S and
sections 256B.0913, 256B.092, and 256B.49, the commissioner shall establish:

(1) agreements with enrolled waiver service providers to ensure providers meet Minnesota
health care program requirements;

(2) regular reviews of provider qualifications, and including requests of proof of
documentation; and

(3) processes to gather the necessary information to determine provider qualifications.

new text begin (b) A provider shall not require or coerce any service recipient to change waiver programs
or move to a different location, consistent with the informed choice and independent living
policies under section 256B.4905, subdivisions 1a, 2a, 3a, 7, and 8.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Beginning July 1, 2012, staff that provide direct contact, as defined in section
245C.02, subdivision 11, for services specified in the federally approved waiver plans must
meet the requirements of chapter 245C prior to providing waiver services and as part of
ongoing enrollment. Upon federal approval, this requirement must also apply to
consumer-directed community supports.

deleted text begin (c) deleted text end new text begin (d) new text end Beginning January 1, 2014, service owners and managerial officials overseeing
the management or policies of services that provide direct contact as specified in the federally
approved waiver plans must meet the requirements of chapter 245C prior to reenrollment
or revalidation or, for new providers, prior to initial enrollment if they have not already
done so as a part of service licensure requirements.

Sec. 25.

Minnesota Statutes 2023 Supplement, section 256B.766, is amended to read:

256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.

(a) Effective for services provided on or after July 1, 2009, total payments for basic care
services, shall be reduced by three percent, except that for the period July 1, 2009, through
June 30, 2011, total payments shall be reduced by 4.5 percent for the medical assistance
and general assistance medical care programs, prior to third-party liability and spenddown
calculation. Effective July 1, 2010, the commissioner shall classify physical therapy services,
occupational therapy services, and speech-language pathology and related services as basic
care services. The reduction in this paragraph shall apply to physical therapy services,
occupational therapy services, and speech-language pathology and related services provided
on or after July 1, 2010.

(b) Payments made to managed care plans and county-based purchasing plans shall be
reduced for services provided on or after October 1, 2009, to reflect the reduction effective
July 1, 2009, and payments made to the plans shall be reduced effective October 1, 2010,
to reflect the reduction effective July 1, 2010.

(c) Effective for services provided on or after September 1, 2011, through June 30, 2013,
total payments for outpatient hospital facility fees shall be reduced by five percent from the
rates in effect on August 31, 2011.

(d) Effective for services provided on or after September 1, 2011, through June 30, 2013,
total payments for ambulatory surgery centers facility fees, medical supplies and durable
medical equipment not subject to a volume purchase contract, prosthetics and orthotics,
renal dialysis services, laboratory services, public health nursing services, physical therapy
services, occupational therapy services, speech therapy services, eyeglasses not subject to
a volume purchase contract, hearing aids not subject to a volume purchase contract, and
anesthesia services shall be reduced by three percent from the rates in effect on August 31,
2011.

(e) Effective for services provided on or after September 1, 2014, payments for
ambulatory surgery centers facility fees, hospice services, renal dialysis services, laboratory
services, public health nursing services, eyeglasses not subject to a volume purchase contract,
and hearing aids not subject to a volume purchase contract shall be increased by three percent
and payments for outpatient hospital facility fees shall be increased by three percent.
Payments made to managed care plans and county-based purchasing plans shall not be
adjusted to reflect payments under this paragraph.

(f) Payments for medical supplies and durable medical equipment not subject to a volume
purchase contract, and prosthetics and orthotics, provided on or after July 1, 2014, through
June 30, 2015, shall be decreased by .33 percent. Payments for medical supplies and durable
medical equipment not subject to a volume purchase contract, and prosthetics and orthotics,
provided on or after July 1, 2015, shall be increased by three percent from the rates as
determined under paragraphs (i) and (j).

(g) Effective for services provided on or after July 1, 2015, payments for outpatient
hospital facility fees, medical supplies and durable medical equipment not subject to a
volume purchase contract, prosthetics, and orthotics to a hospital meeting the criteria specified
in section 62Q.19, subdivision 1, paragraph (a), clause (4), shall be increased by 90 percent
from the rates in effect on June 30, 2015. Payments made to managed care plans and
county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.

(h) This section does not apply to physician and professional services, inpatient hospital
services, family planning services, mental health services, dental services, prescription
drugs, medical transportation, federally qualified health centers, rural health centers, Indian
health services, and Medicare cost-sharing.

(i) Effective for services provided on or after July 1, 2015, the following categories of
medical supplies and durable medical equipment shall be individually priced items:
customized and other specialized tracheostomy tubes and supplies, electric patient lifts, and
durable medical equipment repair and service. This paragraph does not apply to medical
supplies and durable medical equipment subject to a volume purchase contract, products
subject to the preferred diabetic testing supply program, and items provided to dually eligible
recipients when Medicare is the primary payer for the item. The commissioner shall not
apply any medical assistance rate reductions to durable medical equipment as a result of
Medicare competitive bidding.

(j) Effective for services provided on or after July 1, 2015, medical assistance payment
rates for durable medical equipment, prosthetics, orthotics, or supplies shall be increased
as follows:

(1) payment rates for durable medical equipment, prosthetics, orthotics, or supplies that
were subject to the Medicare competitive bid that took effect in January of 2009 shall be
increased by 9.5 percent; and

(2) payment rates for durable medical equipment, prosthetics, orthotics, or supplies on
the medical assistance fee schedule, whether or not subject to the Medicare competitive bid
that took effect in January of 2009, shall be increased by 2.94 percent, with this increase
being applied after calculation of any increased payment rate under clause (1).

This paragraph does not apply to medical supplies and durable medical equipment subject
to a volume purchase contract, products subject to the preferred diabetic testing supply
program, items provided to dually eligible recipients when Medicare is the primary payer
for the item, and individually priced items identified in paragraph (i). Payments made to
managed care plans and county-based purchasing plans shall not be adjusted to reflect the
rate increases in this paragraph.

(k) Effective for nonpressure support ventilators provided on or after January 1, 2016,
the rate shall be the lower of the submitted charge or the Medicare fee schedule rate. Effective
for pressure support ventilators provided on or after January 1, 2016, the rate shall be the
lower of the submitted charge or 47 percent above the Medicare fee schedule rate. For
payments made in accordance with this paragraph, if, and to the extent that, the commissioner
identifies that the state has received federal financial participation for ventilators in excess
of the amount allowed effective January 1, 2018, under United States Code, title 42, section
1396b(i)(27), the state shall repay the excess amount to the Centers for Medicare and
Medicaid Services with state funds and maintain the full payment rate under this paragraph.

(l) Payment rates for durable medical equipment, prosthetics, orthotics or supplies, that
are subject to the upper payment limit in accordance with section 1903(i)(27) of the Social
Security Act, shall be paid the Medicare rate. Rate increases provided in this chapter shall
not be applied to the items listed in this paragraph.

(m) For dates of service on or after July 1, 2023, through June 30, deleted text begin 2024 deleted text end new text begin 2025 new text end , enteral
nutrition and supplies must be paid according to this paragraph. If sufficient data exists for
a product or supply, payment must be based upon the 50th percentile of the usual and
customary charges per product code submitted to the commissioner, using only charges
submitted per unit. Increases in rates resulting from the 50th percentile payment method
must not exceed 150 percent of the previous fiscal year's rate per code and product
combination. Data are sufficient if: (1) the commissioner has at least 100 paid claim lines
by at least ten different providers for a given product or supply; or (2) in the absence of the
data in clause (1), the commissioner has at least 20 claim lines by at least five different
providers for a product or supply that does not meet the requirements of clause (1). If
sufficient data are not available to calculate the 50th percentile for enteral products or
supplies, the payment rate must be the payment rate in effect on June 30, 2023.

(n) For dates of service on or after July 1, deleted text begin 2024 deleted text end new text begin 2025 new text end , enteral nutrition and supplies must
be paid according to this paragraph and updated annually each January 1. If sufficient data
exists for a product or supply, payment must be based upon the 50th percentile of the usual
and customary charges per product code submitted to the commissioner for the previous
calendar year, using only charges submitted per unit. Increases in rates resulting from the
50th percentile payment method must not exceed 150 percent of the previous year's rate per
code and product combination. Data are sufficient if: (1) the commissioner has at least 100
paid claim lines by at least ten different providers for a given product or supply; or (2) in
the absence of the data in clause (1), the commissioner has at least 20 claim lines by at least
five different providers for a product or supply that does not meet the requirements of clause
(1). If sufficient data are not available to calculate the 50th percentile for enteral products
or supplies, the payment must be the manufacturer's suggested retail price of that product
or supply minus 20 percent. If the manufacturer's suggested retail price is not available,
payment must be the actual acquisition cost of that product or supply plus 20 percent.

Sec. 26.

Minnesota Statutes 2022, section 256B.77, subdivision 7a, is amended to read:

Subd. 7a.

Eligible individuals.

(a) Persons are eligible for the demonstration project as
provided in this subdivision.

(b) "Eligible individuals" means those persons living in the demonstration site who are
eligible for medical assistance and are disabled based on a disability determination under
section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and
have been diagnosed as having:

(1) serious and persistent mental illness as defined in section 245.462, subdivision 20;

(2) severe emotional disturbance as defined in section 245.4871, subdivision 6; or

(3) developmental disability, or being a person with a developmental disability as defined
in section 252A.02, or a related condition as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin
256B.02, subdivision 11 new text end .

Other individuals may be included at the option of the county authority based on agreement
with the commissioner.

(c) Eligible individuals include individuals in excluded time status, as defined in chapter
256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time
status as long as they live in the demonstration site and shall be eligible for 90 days after
placement outside the demonstration site if they move to excluded time status in a county
within Minnesota other than their county of financial responsibility.

(d) A person who is a sexual psychopathic personality as defined in section 253D.02,
subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision
16, is excluded from enrollment in the demonstration project.

Sec. 27.

Minnesota Statutes 2022, section 256S.07, subdivision 1, is amended to read:

Subdivision 1.

Elderly waiver case management provided by counties and tribes.

new text begin (a)
new text end For participants not enrolled in a managed care organization, the county of residence or
tribe must provide or arrange to provide elderly waiver case management activities under
section 256S.09, subdivisions 2 and 3.

new text begin (b) If a county agency provides case management under contracts with other individuals
or agencies and the county agency utilizes a competitive proposal process for the procurement
of contracted case management services, the competitive proposal process must include
evaluation criteria to ensure that the county maintains a culturally responsive program for
case management services adequate to meet the needs of the population of the county. For
the purposes of this section, "culturally responsive program" means a case management
services program that:
new text end

new text begin (1) ensures effective, equitable, comprehensive, and respectful quality care services that
are responsive to individuals within a specific population's values, beliefs, practices, health
literacy, preferred language, and other communication needs; and
new text end

new text begin (2) is designed to address the unique needs of individuals who share a common language
or racial, ethnic, or social background.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to
procurement processes that commence on or after that date.
new text end

Sec. 28.

Minnesota Statutes 2023 Supplement, section 270B.14, subdivision 1, is amended
to read:

Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request of
the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the
extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity, whereabouts,
employment, income, and property of a person owing or alleged to be owing an obligation
of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only as set
forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to administer
the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of revenue
shall electronically match the Social Security or individual taxpayer identification numbers
and names of participants in the telephone assistance plan operated under sections 237.69
to 237.71, with those of property tax refund filers under chapter 290A or renter's credit filers
under section 290.0693, and determine whether each participant's household income is
within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and Human
Services to maintain the confidentiality of the data, the commissioner may provide records
and information collected under sections 295.50 to 295.59 to the Centers for Medicare and
Medicaid Services section of the United States Department of Health and Human Services
for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human services
as necessary for income verification for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical
assistance program under chapter 256B.

(i) The commissioner may disclose information to the commissioner of human services
necessary to verify whether applicants or recipients for the Minnesota family investment
program, general assistance, the Supplemental Nutrition Assistance Program (SNAP),
Minnesota supplemental aid program, and child care assistance have claimed refundable
tax credits under chapter 290 and the property tax refund under chapter 290A, and the
amounts of the credits.

deleted text begin (j) The commissioner may disclose information to the commissioner of human services
necessary to verify income for purposes of calculating parental contribution amounts under
section 252.27, subdivision 2a.
deleted text end

deleted text begin (k) deleted text end new text begin (j) new text end At the request of the commissioner of human services and when authorized in
writing by the taxpayer, the commissioner of revenue may match the business legal name
or individual legal name, and the Minnesota tax identification number, federal Employer
Identification Number, or Social Security number of the applicant under section 245A.04,
subdivision 1; 245I.20; or 245H.03; or license or certification holder. The commissioner of
revenue may share the matching with the commissioner of human services. The matching
may only be used by the commissioner of human services to determine eligibility for provider
grant programs and to facilitate the regulatory oversight of license and certification holders
as it relates to ownership and public funds program integrity. This paragraph applies only
if the commissioner of human services and the commissioner of revenue enter into an
interagency agreement for the purposes of this paragraph.

Sec. 29.

Minnesota Statutes 2022, section 447.42, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

Notwithstanding any provision of Minnesota Statutes
to the contrary, any city, county, town, or nonprofit corporation approved by the
commissioner of human services, or any combination of them may establish and operate a
community residential facility for persons with developmental disabilities or related
conditions, as defined in section deleted text begin 252.27, subdivision 1a deleted text end new text begin 256B.02, subdivision 11 new text end .

Sec. 30.

Laws 2021, First Special Session chapter 7, article 13, section 68, is amended to
read:

Sec. 68. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
DIRECT CARE SERVICES DURING SHORT-TERM ACUTE HOSPITAL VISITS.

The commissioner of human services, in consultation with stakeholders, shall develop
a new covered new text begin state plan new text end service under Minnesota Statutes, chapter 256B, or develop
modifications to existing covered new text begin state plan new text end services deleted text begin , that permits receipt of direct care
services in an acute care hospital in a manner consistent with the requirements of deleted text end new text begin for people
eligible for home care services as identified in Minnesota Statutes, section 256B.0651, and
community first services and supports as identified in Minnesota Statutes, section 256B.85,
for the purposes of support during acute care hospital stays, as authorized under new text end United
States Code, title 42, section 1396a(h). By deleted text begin August 31, 2022 deleted text end new text begin January 1, 2025 new text end , the
commissioner must provide to the chairs and ranking minority members of the house of
representatives and senate committees deleted text begin and divisions deleted text end with jurisdiction over direct care services
any draft legislation as may be necessary to implement the new or modified covered new text begin state
plan new text end service.

new text begin EFFECTIVE DATE. new text end

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

Sec. 31.

Laws 2023, chapter 61, article 1, section 60, subdivision 1, is amended to read:

Subdivision 1.

Definition.

"New American" means an individual born abroad and the
individual's children deleted text begin , irrespective of immigration status deleted text end .

Sec. 32.

Laws 2023, chapter 61, article 1, section 60, subdivision 2, is amended to read:

Subd. 2.

Grant program established.

The commissioner of human services shall
establish a new American legal, social services, and long-term care workforce grant program
for organizations that serve and support new Americans:

(1) in seeking or maintaining legal or citizenship status deleted text begin to legally obtain or retain deleted text end new text begin and
obtaining or retaining legal authorization for new text end employment new text begin in the United States new text end in any field
or industry; or

(2) to provide specialized services and supports to new Americans to enter the long-term
care workforce.

Sec. 33. new text begin ASSISTIVE TECHNOLOGY LEAD AGENCY PARTNERSHIPS.
new text end

new text begin (a) Lead agencies may establish partnerships with enrolled medical assistance providers
of home and community-based services under Minnesota Statutes, section 256B.0913,
256B.092, 256B.093, or 256B.49, or Minnesota Statutes, chapter 256S, to evaluate the
benefits of informed choice in accessing the following existing assistive technology home
and community-based waiver services:
new text end

new text begin (1) assistive technology;
new text end

new text begin (2) specialized equipment and supplies;
new text end

new text begin (3) environmental accessibility adaptations; and
new text end

new text begin (4) 24-hour emergency assistance.
new text end

new text begin (b) Lead agencies may identify eligible individuals who desire to participate in the
partnership authorized by this section using existing home and community-based waiver
criteria under Minnesota Statutes, chapters 256B and 256S.
new text end

new text begin (c) Lead agencies must ensure individuals who choose to participate have informed
choice in accessing the services and must adhere to conflict-free case management
requirements.
new text end

new text begin (d) Lead agencies may identify efficiencies for service authorizations, provide
evidence-based cost data and quality analysis to the commissioner, and collect feedback on
the use of technology systems from home and community-based waiver services recipients,
family caregivers, and any other interested community partners.
new text end

Sec. 34. new text begin DIRECTION TO COMMISSIONER; CONSUMER-DIRECTED
COMMUNITY SUPPORTS.
new text end

new text begin By December 31, 2024, the commissioner of human services shall seek any necessary
changes to home and community-based services waiver plans regarding consumer-directed
community supports in order to:
new text end

new text begin (1) clarify that allowable goods and services for a consumer-directed community supports
participant do not need to be for the sole benefit of the participant, and that goods and
services may benefit others if there is also a direct benefit to the participant based on the
participant's assessed needs;
new text end

new text begin (2) clarify that goods or services that support the participant's assessed needs for
community integration and inclusion are allowable under the consumer-directed community
supports program;
new text end

new text begin (3) clarify that the rate authorized for services approved under the consumer-directed
community supports personal assistance category may exceed the reasonable range of similar
services in the participant's community if the participant has an assessed need for an enhanced
rate; and
new text end

new text begin (4) clarify that a participant's spouse or a parent of a minor participant, as defined in the
waiver plans, may be paid for consumer-directed community support services at a rate that
exceeds that which would otherwise be paid to a provider of a similar service or that exceeds
what is allowed by the commissioner for the payment of personal care assistance services
if the participant has an assessed need for an enhanced rate.
new text end

Sec. 35. new text begin REIMBURSEMENT FOR COMMUNITY-FIRST SERVICES AND
SUPPORTS WORKERS REPORT.
new text end

new text begin (a) The commissioner of human services must explore options to permit reimbursement
of community-first services and supports workers under Minnesota Statutes, sections 256B.85
and 256B.851, to provide:
new text end

new text begin (1) up to eight hours of overtime per week per worker beyond the current maximum
number of reimbursable hours per month;
new text end

new text begin (2) asleep overnight and awake overnight staffing 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; and
new text end

new text begin (3) 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) The commissioner must report recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services policy and
finance by February 1, 2025.
new text end

Sec. 36. new text begin DISABILITY HOME AND COMMUNITY-BASED SERVICES
REIMBURSEMENT IN ACUTE CARE HOSPITAL STAYS.
new text end

new text begin (a) The commissioner of human services must seek approval to amend Minnesota's
federally approved disability waiver plans under Minnesota Statutes, sections 256B.092
and 256B.49, to reimburse for delivery of unit-based services under Minnesota Statutes,
section 256B.4914, in acute care hospital settings, as authorized under United States Code,
title 42, section 1396a(h).
new text end

new text begin (b) Reimbursed services must:
new text end

new text begin (1) be identified in an individual's person-centered support plan as required under
Minnesota Statutes, section 256B.0911;
new text end

new text begin (2) be provided to meet the needs of the person that are not met through the provision
of hospital services;
new text end

new text begin (3) not substitute services that the hospital is obligated to provide as required under state
and federal law; and
new text end

new text begin (4) be designed to ensure smooth transitions between acute care settings and home and
community-based settings and to preserve the person's functional abilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective January 1, 2025, or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
new text end

Sec. 37. new text begin ELECTRONIC VISIT VERIFICATION IMPLEMENTATION GRANT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services must establish a
onetime grant program to assist home care service providers with a portion of the costs of
implementation of electronic visit verification.
new text end

new text begin Subd. 2. new text end

new text begin Eligible grant recipients. new text end

new text begin Eligible grant recipients must:
new text end

new text begin (1) be providers of home care services licensed under Minnesota Statutes, chapter 144A;
new text end

new text begin (2) have an average daily census of at least 30 individuals; and
new text end

new text begin (3) have an average daily census of medical assistance and MinnesotaCare enrollees of
20 percent or higher in the 12 months prior to application.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses. new text end

new text begin Allowable uses of grant money include:
new text end

new text begin (1) administrative implementation of an electronic visit verification system, including
but not limited to staff costs for loading patient information into the portal, programming,
and training staff;
new text end

new text begin (2) electronic visit verification operations and maintenance, including but not limited
to staff costs for addressing system flaws related to geographical location and clocking in
and out;
new text end

new text begin (3) purchase and monthly fees for an upgraded electronic visit verification system;
new text end

new text begin (4) purchase of or reimbursement for cell phones and electronic tablets to be used by
staff and the monthly fee for the phone service; and
new text end

new text begin (5) other activities approved by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Application for and distribution of grant money. new text end

new text begin In order to receive a grant
under this section, providers must apply to the commissioner by November 1, 2024. Grants
must be distributed no later than February 1, 2025. Grant amounts awarded to each approved
applicant must be determined by the total number of approved grantees and each approved
applicant's medical assistance and MinnesotaCare average daily census.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2026.
new text end

Sec. 38. new text begin EMERGENCY RELIEF GRANTS FOR RURAL EARLY INTENSIVE
DEVELOPMENTAL AND BEHAVIORAL INTERVENTION PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and purpose. new text end

new text begin (a) The commissioner of human services
shall award grants to financially distressed organizations that provide early intensive
developmental and behavioral intervention services to rural communities. For the purposes
of this section, "rural communities" means communities outside the metropolitan counties
listed in Minnesota Statutes, section 473.121, subdivision 4, and outside the cities of Duluth,
Mankato, Moorhead, Rochester, and St. Cloud.
new text end

new text begin (b) The commissioner shall conduct community engagement, provide technical assistance,
and work with the commissioners of management and budget and administration to mitigate
barriers in accessing grant money.
new text end

new text begin (c) The commissioner shall limit expenditures under this section to the amount
appropriated for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin (a) To be an eligible applicant for a grant under this section, a
provider of early intensive developmental and behavioral intervention services must submit
to the commissioner of human services a grant application in the form and according to the
timelines established by the commissioner.
new text end

new text begin (b) In a grant application, an applicant must demonstrate that:
new text end

new text begin (1) the total net income of the provider of early intensive developmental and behavioral
intervention services is not generating sufficient revenue to cover the provider's operating
expenses;
new text end

new text begin (2) the provider is at risk of closure or ceasing to provide early intensive developmental
and behavioral intervention services; and
new text end

new text begin (3) additional emergency operating revenue is necessary to preserve access to early
intensive developmental and behavioral intervention services within the rural community
the provider serves.
new text end

new text begin (c) In a grant application, the applicant must make a request based on the information
submitted under paragraph (b) for the minimal funding amount sufficient to preserve access
to early intensive developmental and behavioral intervention services within the rural
community the provider serves.
new text end

new text begin Subd. 3. new text end

new text begin Approving grants. new text end

new text begin The commissioner must evaluate all grant applications on
a competitive basis and award grants to successful applicants within available appropriations
for this purpose. The commissioner's decisions are final and not subject to appeal.
new text end

Sec. 39. new text begin LEGISLATIVE TASK FORCE ON GUARDIANSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Legislative Task Force on Guardianship consists
of the following members:
new text end

new text begin (1) one member of the house of representatives, appointed by the speaker of the house
of representatives;
new text end

new text begin (2) one member of the house of representatives, appointed by the minority leader of the
house of representatives;
new text end

new text begin (3) one member of the senate, appointed by the senate majority leader;
new text end

new text begin (4) one member of the senate, appointed by the senate minority leader;
new text end

new text begin (5) one judge who has experience working on guardianship cases, appointed by the chief
justice of the supreme court;
new text end

new text begin (6) two individuals presently or formerly under guardianship or emergency guardianship,
appointed by the Minnesota Council on Disability;
new text end

new text begin (7) one private, professional guardian, appointed by the Minnesota Council on Disability;
new text end

new text begin (8) one private, nonprofessional guardian, appointed by the Minnesota Council on
Disability;
new text end

new text begin (9) one representative of the Department of Human Services with knowledge of public
guardianship issues, appointed by the commissioner of human services;
new text end

new text begin (10) one member appointed by the Minnesota Council on Disability;
new text end

new text begin (11) two members of two different disability advocacy organizations, appointed by the
Minnesota Council on Disability;
new text end

new text begin (12) one member of a professional or advocacy group representing the interests of the
guardian who has experience working in the judicial system on guardianship cases, appointed
by the Minnesota Council on Disability;
new text end

new text begin (13) one member of a professional or advocacy group representing the interests of persons
subject to guardianship who has experience working in the judicial system on guardianship
cases, appointed by the Minnesota Council on Disability;
new text end

new text begin (14) two members of two different advocacy groups representing the interests of older
Minnesotans who are or may find themselves subject to guardianship, appointed by the
Minnesota Council on Disability;
new text end

new text begin (15) one employee acting as the Disability Systems Planner in the Center for Health
Equity at the Minnesota Department of Health, appointed by the commissioner of health;
new text end

new text begin (16) one member appointed by the Minnesota Indian Affairs Council;
new text end

new text begin (17) one member from the Commission of the Deaf, Deafblind, and Hard-of-Hearing,
appointed by the executive director of the commission;
new text end

new text begin (18) one member of the Council on Developmental Disabilities, appointed by the
executive director of the council;
new text end

new text begin (19) one employee from the Office of Ombudsman for Mental Health and Developmental
Disabilities, appointed by the ombudsman;
new text end

new text begin (20) one employee from the Office of Ombudsman for Long Term Care, appointed by
the ombudsman;
new text end

new text begin (21) one member appointed by the Minnesota Association of County Social Services
Administrators (MACSSA);
new text end

new text begin (22) one employee from the Olmstead Implementation Office, appointed by the director
of the office; and
new text end

new text begin (23) one member representing an organization dedicated to supported decision-making
alternatives to guardianship, appointed by the Minnesota Council on Disability.
new text end

new text begin (b) Appointees to the task force must be named by each appointing authority by June
30, 2025. Appointments made by an agency or commissioner may also be made by a
designee.
new text end

new text begin (c) The member from the Minnesota Council on Disability serves as chair of the task
force. The chair must designate a member to serve as secretary.
new text end

new text begin Subd. 2. new text end

new text begin Meetings; administrative support. new text end

new text begin The first meeting of the task force must
be convened by the chair no later than September 1, 2025, if an appropriation is made by
that date for the task force. The task force must meet at least quarterly. Meetings are subject
to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive
technology consistent with Minnesota Statutes, section 13D.015. The Minnesota Council
on Disability shall provide meeting space and administrative and research support to the
task force.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The task force must make recommendations to address concerns
and gaps related to guardianships and less restrictive alternatives to guardianships in
Minnesota, including but not limited to:
new text end

new text begin (1) developing efforts to sustain and increase the number of qualified guardians;
new text end

new text begin (2) increasing compensation for in forma pauperis (IFP) guardians by studying current
funding streams to develop approaches to ensure that the funding streams are consistent
across the state and sufficient to serve the needs of persons subject to guardianship;
new text end

new text begin (3) securing ongoing funding for guardianships and less restrictive alternatives;
new text end

new text begin (4) establishing guardian certification or licensure;
new text end

new text begin (5) identifying standards of practice for guardians and options for providing education
to guardians on standards and less restrictive alternatives;
new text end

new text begin (6) securing ongoing funding for the guardian and conservator administrative complaint
process;
new text end

new text begin (7) identifying and understanding alternatives to guardianship whenever possible to meet
the needs of patients and the challenges of providers in the delivery of health care, behavioral
health care, and residential and home-based care services;
new text end

new text begin (8) expanding supported decision-making alternatives to guardianships and
conservatorships;
new text end

new text begin (9) reducing the removal of civil rights when appointing a guardian, including by ensuring
guardianship is only used as a last resort; and
new text end

new text begin (10) identifying ways to preserve and to maximize the civil rights of the person, including
due process considerations.
new text end

new text begin (b) The task force must seek input from the public, the judiciary, people subject to
guardianship, guardians, advocacy groups, and attorneys. The task force must hold hearings
to gather information to fulfill the purpose of the task force.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; expenses. new text end

new text begin Members of the task force may receive compensation
and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
3.
new text end

new text begin Subd. 5. new text end

new text begin Report; expiration. new text end

new text begin The task force shall submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over guardianship
issues no later than January 15, 2027. The report must describe any concerns about the
current guardianship system identified by the task force and recommend policy options to
address those concerns and to promote less restrictive alternatives to guardianship. The
report must include draft legislation to implement recommended policy.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of its report, or January
16, 2027, whichever is earlier.
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. 40. new text begin TRANSITIONAL SUPPORTS ALLOWANCE INCREASE.
new text end

new text begin Upon federal approval, the commissioner of human services must increase to $5,000
the transitional supports allowance under Minnesota's federally approved home and
community-based service waiver plans authorized under Minnesota Statutes, sections
256B.092 and 256B.49.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 41. new text begin TRIBAL VULNERABLE ADULT AND DEVELOPMENTAL DISABILITY
TARGETED CASE MANAGEMENT MEDICAL ASSISTANCE BENEFIT.
new text end

new text begin (a) The commissioner of human services must engage with Minnesota's
federally-recognized Tribal Nations and urban American Indian providers and leaders to
design and recommend a Tribal-specific vulnerable adult and developmental disability
medical assistance targeted case management benefit to meet community needs and reduce
disparities experienced by Tribal members and urban American Indian populations. The
commissioner must honor and uphold Tribal sovereignty as part of this engagement, ensuring
Tribal Nations are equitably and authentically included in planning and policy discussions.
new text end

new text begin (b) By January 1, 2025, the commissioner must report recommendations to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services finance and policy. Recommendations must include a description of
engagement with Tribal Nations, Tribal perspectives shared throughout the engagement
process, service design, and reimbursement methodology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 42. new text begin ELECTRONIC VISIT VERIFICATION SIMPLIFICATION FOR LIVE-IN
CAREGIVERS.
new text end

new text begin The commissioner must explore options to simplify documentation requirements for
direct support professionals who live in the same house as the person they support and are
reimbursed for services subject to electronic visit verification requirements under Minnesota
Statutes, section 256B.073. The commissioner may evaluate information technology barriers
and opportunities, attestation options, worker identification options, and program integrity
considerations. The commissioner must report recommendations to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by February 1, 2025, with short- and long-term policy changes
that will simplify documentation requirements and minimize burdens on providers and
recipients.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 43. new text begin LICENSE TRANSITION SUPPORT FOR SMALL DISABILITY WAIVER
PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Onetime transition support. new text end

new text begin The commissioner of human services must
distribute onetime payments to medical assistance disability waiver customized living and
community residential providers to assist with the transition from small, customized living
settings to licensed community residential services under Minnesota Statutes, chapter 245D
and section 256B.49.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "eligible provider" means an enrolled
provider that received approval from the commissioner of human services for a corporate
foster care moratorium exception under Minnesota Statutes, section 245A.03, subdivision
7, related to transitioning between customized living services and community residential
services. This approval must have been received between July 1, 2022, and December 31,
2023.
new text end

new text begin Subd. 3. new text end

new text begin Allowable uses of payments. new text end

new text begin Allowable uses of payments include costs incurred
by a community residential service provider or customed living provider directly related to
the provider's transition from providing medical assistance customized living or 24-hour
customized living and technical assistance to adapt business models and meet policy and
regulatory guidance.
new text end

new text begin Subd. 4. new text end

new text begin Payment request and requirements. new text end

new text begin License holders of eligible settings must
apply for payments using an application process determined by the commissioner of human
services. Payments are onetime amounts of $15,000 per eligible setting. To be considered
for a payment, eligible settings must submit a payment application no later than March 1,
2025. The commissioner may approve payment applications on a rolling basis. Payments
must be distributed without compliance to time-consuming procedures and formalities
prescribed in law, including the following statutes and related policies: Minnesota Statutes,
sections 16A.15, subdivision 3; 16B.97; and 16B.98, subdivisions 5, 7, and 8, the express
audit clause requirement. The commissioner's determination of the payment amount
determined under this section is final and is not subject to appeal. This subdivision does not
apply to recoupment by the commissioner under subdivision 7.
new text end

new text begin Subd. 5. new text end

new text begin Attestation. new text end

new text begin As a condition of obtaining payments under this section, an eligible
provider must attest, on the payment application form, to the following:
new text end

new text begin (1) the provider's intent to provide services through December 31, 2027; and
new text end

new text begin (2) the provider's intent to use the payment for allowable uses under subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Agreement. new text end

new text begin As a condition of obtaining a payment under this section, an eligible
provider must agree to the following on the payment application form:
new text end

new text begin (1) to cooperate with the commissioner of human services to deliver services according
to the requirements in this section;
new text end

new text begin (2) to maintain documentation sufficient to demonstrate the costs required to transition
to a new setting as described under subdivision 3; and
new text end

new text begin (3) to acknowledge that payments may be subject to a recoupment under this section if
a state audit performed under this section determines that the provider used payments for
purposes not authorized under this section.
new text end

new text begin Subd. 7. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner of human services may perform an audit
under this section up to six years after the payments are distributed to ensure the funds are
utilized solely for the purposes stated in subdivision 3.
new text end

new text begin (b) If the commissioner determines that a provider used the allocated payment for
purposes not authorized under this section, the commissioner must treat any amount used
for a purpose not authorized under this section as an overpayment. The commissioner must
recover any overpayment.
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. 44. new text begin DISABILITY SERVICES PERSON-CENTERED ENGAGEMENT AND
NAVIGATION STUDY.
new text end

new text begin (a) The commissioner of human services must issue a request for proposals for the design
and administration of a study of a person's experience in accessing and navigating medical
assistance state plan and home and community-based waiver services and state funded
disability services to improve people's experiences in accessing and navigating the system.
new text end

new text begin (b) The person-centered disability services engagement and navigation study must engage
with people and families who use services, lead agencies, and providers to assess:
new text end

new text begin (1) access to the full range of disability services programs in metropolitan, suburban,
and rural counties with a focus on non-English-speaking communities and by various
populations, including but not limited to Black people, Indigenous people, people of color,
and communities with vision, hearing, physical, neurocognitive, or intellectual developmental
disabilities;
new text end

new text begin (2) how people and families experience and navigate the system, including their customer
service experiences and barriers to person-centered and culturally responsive navigation
support and resources; and
new text end

new text begin (3) opportunities to improve state, lead agency, and provider capacity to improve the
experiences of people accessing and navigating the system.
new text end

new text begin (c) To be eligible to respond to the request for proposals, an entity must demonstrate
that it has engaged successfully with people who use disability services and their families.
new text end

new text begin (d) The commissioner must report the results of the study and provide specific
recommendations and administrative strategy or policy modifications to improve system
accessibility, efficiency, and person-centered systemic design to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services finance and policy by January 15, 2026.
new text end

Sec. 45. new text begin PERSONAL CARE ASSISTANCE COMPENSATION FOR SERVICES
PROVIDED BY A PARENT OR SPOUSE.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 256B.0659, subdivision 3, paragraph
(a), clause (1); subdivision 11, paragraph (c); and subdivision 19, paragraph (b), clause (3),
beginning October 1, 2024, a parent, stepparent, or legal guardian of a minor who is a
personal care assistance recipient or the spouse of a personal care assistance recipient may
provide and be paid for providing personal care assistance services under medical assistance.
new text end

new text begin (b) This section expires upon full implementation of community first services and
supports under Minnesota Statutes, section 256B.85. The commissioner of human services
shall notify the revisor of statutes when this section expires.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for services rendered on or after October
1, 2024.
new text end

Sec. 46. new text begin OWN HOME SERVICES PROVIDER CAPACITY-BUILDING GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish a
onetime grant program to incentivize providers to support individuals to move out of
congregate living settings and into an individual's own home as described in Minnesota
Statutes, section 256B.492, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Eligible grant recipients. new text end

new text begin Eligible grant recipients are providers of home and
community-based services under Minnesota Statutes, chapter 245D.
new text end

new text begin Subd. 3. new text end

new text begin Grant application. new text end

new text begin In order to receive a grant under this section, providers
must apply to the commissioner on the forms and according to the timelines established by
the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Allowable uses of grant money. new text end

new text begin Allowable uses of grant money include:
new text end

new text begin (1) enhancing resources and staffing to support people and families in understanding
housing options;
new text end

new text begin (2) housing expenses related to moving an individual into their own home, if the person
is not eligible for other available housing services;
new text end

new text begin (3) moving expenses that are not covered by other housing services for which the
individual is eligible;
new text end

new text begin (4) implementing and testing innovative approaches to better support people with
disabilities and their families in living in their own homes;
new text end

new text begin (5) financial incentives for providers that have successfully moved an individual out of
congregate living and into their own home; and
new text end

new text begin (6) other activities approved by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2026.
new text end

Sec. 47. new text begin DIRECTION TO COMMISSIONER; PEDIATRIC HOSPITAL-TO-HOME
TRANSITION PILOT PROGRAM.
new text end

new text begin (a) The commissioner of human services must award a single competitive grant to a
home care nursing provider to develop and implement, in coordination with the commissioner
of health, Fairview Masonic Children's Hospital, Gillette Children's Specialty Healthcare,
and Children's Minnesota of St. Paul and Minneapolis, a pilot program to expedite and
facilitate pediatric hospital-to-home discharges for patients receiving services in this state
under medical assistance, including under the community alternative care waiver, community
access for disability inclusion waiver, and developmental disabilities waiver.
new text end

new text begin (b) Grant money awarded under this section must be used only to support the
administrative, training, and auxiliary services necessary to reduce:
new text end

new text begin (1) delayed discharge days due to unavailability of home care nursing staffing to
accommodate complex pediatric patients;
new text end

new text begin (2) avoidable rehospitalization days for pediatric patients;
new text end

new text begin (3) unnecessary emergency department utilization by pediatric patients following
discharge;
new text end

new text begin (4) long-term nursing needs for pediatric patients; and
new text end

new text begin (5) the number of school days missed by pediatric patients.
new text end

new text begin (c) Grant money must not be used to supplant payment rates for services covered under
Minnesota Statutes, chapter 256B.
new text end

new text begin (d) No later than December 15, 2026, the commissioner must prepare a report
summarizing the impact of the pilot program that includes but is not limited to: (1) the
number of delayed discharge days eliminated; (2) the number of rehospitalization days
eliminated; (3) the number of unnecessary emergency department admissions eliminated;
(4) the number of missed school days eliminated; and (5) an estimate of the return on
investment of the pilot program.
new text end

new text begin (e) The commissioner must submit the report under paragraph (d) to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services finance and policy.
new text end

Sec. 48. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 252.27, subdivisions 1a, 2, 3, 4a, 5, and 6, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, section 256B.0916, subdivision 10, new text end new text begin is repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2023 Supplement, section 252.27, subdivision 2a, new text end new text begin is repealed.
new text end

new text begin (d) new text end new text begin Laws 2024, chapter 79, article 4, section 1, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) is effective January 1, 2025.
new text end

ARTICLE 2

AGING SERVICES

Section 1.

new text begin [144G.195] FACILITY RELOCATION.
new text end

new text begin Subdivision 1. new text end

new text begin New license not required. new text end

new text begin (a) Beginning March 15, 2025, an assisted
living facility with a licensed resident capacity of five residents or fewer may operate under
the licensee's current license if the facility is relocated with the approval of the commissioner
of health during the period the current license is valid.
new text end

new text begin (b) A licensee is not required to apply for a new license solely because the licensee
receives approval to relocate a facility. The licensee's license for the relocated facility
remains valid until the expiration date specified on the existing license. The commissioner
of health must apply the licensing and survey cycle previously established for the facility's
prior location to the facility's new location.
new text end

new text begin (c) A licensee must notify the commissioner of health, on a form developed by the
commissioner, of the licensee's intent to relocate the licensee's facility and submit a
nonrefundable relocation fee of $3,905. The commissioner must deposit all relocation fees
in the state treasury to be credited to the state government special revenue fund.
new text end

new text begin (d) The licensee must obtain plan review approval for the building to which the licensee
intends to relocate the facility and a certificate of occupancy from the commissioner of labor
and industry or the commissioner of labor and industry's delegated authority for the building.
Upon issuance of a certificate of occupancy, the commissioner of health must review and
inspect the building to which the licensee intends to relocate the facility and approve or
deny the license relocation within 30 calendar days.
new text end

new text begin (e) A licensee may only relocate a facility within the geographic boundaries of the
municipality in which the facility is currently located or within the geographic boundaries
of a contiguous municipality.
new text end

new text begin (f) A licensee may only relocate one time in any three-year period, except that the
commissioner may approve an additional relocation within a three-year period upon a
licensee's demonstration of an extenuating circumstance, including but not limited to the
criteria outlined in section 256B.49, subdivision 28a, paragraph (c).
new text end

new text begin (g) A licensee that receives approval from the commissioner to relocate a facility must
provide each resident with a new assisted living contract and comply with the coordinated
move requirements under section 144G.55.
new text end

new text begin (h) A licensee denied approval by the commissioner of health to relocate a facility may
continue to operate the facility in its current location, follow the requirements in section
144G.57 and close the facility, or notify the commissioner of health of the licensee's intent
to relocate the facility to an alternative new location. If the licensee notifies the commissioner
of the licensee's intent to relocate the facility to an alternative new location, paragraph (c)
applies, including the timelines for approving or denying the license relocation for the
alternative new location.
new text end

new text begin Subd. 2. new text end

new text begin Limited exemption from the customized living setting moratorium and
age limitations. new text end

new text begin (a) A licensee that receives approval from the commissioner of health under
subdivision 1 to relocate a facility that is also enrolled with the Department of Human
Services as a customized living setting to deliver 24-hour customized living services or
customized living services to participants through the brain injury and community access
for disability inclusion home and community-based services waiver plans and under section
256B.49 must inform the commissioner of human services of the licensee's intent to relocate.
new text end

new text begin (b) If the licensee at the time of the intended relocation is providing customized living
or 24-hour customized living services under the brain injury and community access for
disability inclusion home and community-based services waiver plans and section 256B.49
to at least one individual, and the licensee intends to continue serving that individual in the
new location, the licensee must inform the commissioner of human services of the licensee's
intention to do so and meet the requirements specified under section 256B.49, subdivision
28a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, except subdivision 2
is effective January 1, 2025, or 90 days after federal approval, whichever is later. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144G.41, subdivision 1, is amended to read:

Subdivision 1.

Minimum requirements.

All assisted living facilities shall:

(1) distribute to residents the assisted living bill of rights;

(2) provide services in a manner that complies with the Nurse Practice Act in sections
148.171 to 148.285;

(3) utilize a person-centered planning and service delivery process;

(4) have and maintain a system for delegation of health care activities to unlicensed
personnel by a registered nurse, including supervision and evaluation of the delegated
activities as required by the Nurse Practice Act in sections 148.171 to 148.285;

(5) provide a means for residents to request assistance for health and safety needs 24
hours per day, seven days per week;

(6) allow residents the ability to furnish and decorate the resident's unit within the terms
of the assisted living contract;

(7) permit residents access to food at any time;

(8) allow residents to choose the resident's visitors and times of visits;

(9) allow the resident the right to choose a roommate if sharing a unit;

(10) notify the resident of the resident's right to have and use a lockable door to the
resident's unit. The licensee shall provide the locks on the unit. Only a staff member with
a specific need to enter the unit shall have keys, and advance notice must be given to the
resident before entrance, when possible. An assisted living facility must not lock a resident
in the resident's unit;

(11) develop and implement a staffing plan for determining its staffing level that:

(i) includes an evaluation, to be conducted at least twice a year, of the appropriateness
of staffing levels in the facility;

(ii) ensures sufficient staffing at all times to meet the scheduled and reasonably
foreseeable unscheduled needs of each resident as required by the residents' assessments
and service plans on a 24-hour per day basis; and

(iii) ensures that the facility can respond promptly and effectively to individual resident
emergencies and to emergency, life safety, and disaster situations affecting staff or residents
in the facility;

(12) ensure that one or more persons are available 24 hours per day, seven days per
week, who are responsible for responding to the requests of residents for assistance with
health or safety needs. Such persons must be:

(i) awake;

(ii) located in the same building, in an attached building, or on a contiguous campus
with the facility in order to respond within a reasonable amount of time;

(iii) capable of communicating with residents;

(iv) capable of providing or summoning the appropriate assistance; and

(v) capable of following directions; new text begin and
new text end

deleted text begin (13) offer to provide or make available at least the following services to residents:
deleted text end

deleted text begin (i) at least three nutritious meals daily with snacks available seven days per week,
deleted text end deleted text begin according to the recommended dietary allowances in the United States Department of
deleted text end deleted text begin Agriculture (USDA) guidelines, including seasonal fresh fruit and fresh vegetables. The
deleted text end deleted text begin following apply:
deleted text end

deleted text begin (A) menus must be prepared at least one week in advance, and made available to all
deleted text end deleted text begin residents. The facility must encourage residents' involvement in menu planning. Meal
deleted text end deleted text begin substitutions must be of similar nutritional value if a resident refuses a food that is served.
deleted text end deleted text begin Residents must be informed in advance of menu changes;
deleted text end

deleted text begin (B) deleted text end deleted text begin food must be prepared and served according to deleted text end deleted text begin the Minnesota Food Code, Minnesota
Rules, chapter deleted text end deleted text begin 4626 deleted text end deleted text begin ; and
deleted text end

deleted text begin (C) deleted text end deleted text begin the facility cannot require a resident to include and pay for meals in their contract;
deleted text end

deleted text begin (ii) deleted text end deleted text begin weekly housekeeping;
deleted text end

deleted text begin (iii) deleted text end deleted text begin weekly laundry service;
deleted text end

deleted text begin (iv) deleted text end deleted text begin upon the request of the resident, provide direct or reasonable assistance with deleted text end deleted text begin arranging
for transportation to medical and social services appointments, shopping, and deleted text end deleted text begin other recreation,
and provide the name of or other identifying information about the persons deleted text end deleted text begin responsible for
providing this assistance;
deleted text end

deleted text begin (v) deleted text end deleted text begin upon the request of the resident, provide reasonable assistance with accessing
deleted text end deleted text begin community resources and social services available in the community, and provide the name
deleted text end deleted text begin of or other identifying information about persons responsible for providing this assistance;
deleted text end

deleted text begin (vi) deleted text end deleted text begin provide culturally sensitive programs; deleted text end deleted text begin and
deleted text end

deleted text begin (vii) deleted text end deleted text begin have a daily program of social and recreational activities that are based upon
deleted text end deleted text begin individual and group interests, physical, mental, and psychosocial needs, and that creates
deleted text end deleted text begin opportunities for active participation in the community at large; deleted text end deleted text begin and
deleted text end

deleted text begin (14) deleted text end new text begin (13) new text end provide staff access to an on-call registered nurse 24 hours per day, seven days
per week.

Sec. 3.

Minnesota Statutes 2022, section 144G.41, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Minimum requirements; required food services. new text end

new text begin (a) All assisted living
facilities must offer to provide or make available at least three nutritious meals daily with
snacks available seven days per week, according to the recommended dietary allowances
in the United States Department of Agriculture (USDA) guidelines, including seasonal fresh
fruit and fresh vegetables. The menus must be prepared at least one week in advance, and
made available to all residents. The facility must encourage residents' involvement in menu
planning. Meal substitutions must be of similar nutritional value if a resident refuses a food
that is served. Residents must be informed in advance of menu changes. The facility must
not require a resident to include and pay for meals in the resident's contract. Except as
provided in paragraph (b), food must be prepared and served according to the Minnesota
Food Code, Minnesota Rules, chapter 4626.
new text end

new text begin (b) For an assisted living facility with a licensed capacity of ten or fewer residents:
new text end

new text begin (1) notwithstanding Minnesota Rules, part 4626.0033, item A, the facility may share a
certified food protection manager (CFPM) with one other facility located within a 60-mile
radius and under common management provided the CFPM is present at each facility
frequently enough to effectively administer, manage, and supervise each facility's food
service operation;
new text end

new text begin (2) notwithstanding Minnesota Rules, part 4626.0545, item A, kick plates that are not
removable or cannot be rotated open are allowed unless the facility has been issued repeated
correction orders for violations of Minnesota Rules, part 4626.1565 or 4626.1570;
new text end

new text begin (3) notwithstanding Minnesota Rules, part 4626.0685, item A, the facility is not required
to provide integral drainboards, utensil racks, or tables large enough to accommodate soiled
and clean items that may accumulate during hours of operation provided soiled items do
not contaminate clean items, surfaces, or food, and clean equipment and dishes are air dried
in a manner that prevents contamination before storage;
new text end

new text begin (4) notwithstanding Minnesota Rules, part 4626.1070, item A, the facility is not required
to install a dedicated handwashing sink in its existing kitchen provided it designates one
well of a two-compartment sink for use only as a handwashing sink;
new text end

new text begin (5) notwithstanding Minnesota Rules, parts 4626.1325, 4626.1335, and 4626.1360, item
A, existing floor, wall, and ceiling finishes are allowed provided the facility keeps them
clean and in good condition;
new text end

new text begin (6) notwithstanding Minnesota Rules, part 4626.1375, shielded or shatter-resistant
lightbulbs are not required, but if a light bulb breaks, the facility must discard all exposed
food and fully clean all equipment, dishes, and surfaces to remove any glass particles; and
new text end

new text begin (7) notwithstanding Minnesota Rules, part 4626.1390, toilet rooms are not required to
be provided with a self-closing door.
new text end

Sec. 4.

Minnesota Statutes 2022, section 144G.41, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Minimum requirements; other required services. new text end

new text begin All assisted living facilities
must offer to provide or make available the following services to residents:
new text end

new text begin (1) weekly housekeeping;
new text end

new text begin (2) weekly laundry service;
new text end

new text begin (3) upon the request of the resident, provide direct or reasonable assistance with arranging
for transportation to medical and social services appointments, shopping, and other recreation,
and provide the name of or other identifying information about the persons responsible for
providing this assistance;
new text end

new text begin (4) upon the request of the resident, provide reasonable assistance with accessing
community resources and social services available in the community, and provide the name
of or other identifying information about persons responsible for providing this assistance;
new text end

new text begin (5) provide culturally sensitive programs; and
new text end

new text begin (6) have a daily program of social and recreational activities that are based upon individual
and group interests, physical, mental, and psychosocial needs, and that creates opportunities
for active participation in the community at large.
new text end

Sec. 5.

Minnesota Statutes 2022, section 144G.63, subdivision 1, is amended to read:

Subdivision 1.

Orientation of staff and supervisors.

new text begin (a) new text end All staff providing and
supervising direct services must complete an orientation to assisted living facility licensing
requirements and regulations before providing assisted living services to residents. The
orientation may be incorporated into the training required under subdivision 5. The orientation
need only be completed once for each staff person and is not transferable to another facility new text begin ,
except as provided in paragraph (b) new text end .

new text begin (b) A staff person is not required to repeat the orientation required under subdivision 2
if the staff person transfers from one licensed assisted living facility to another facility
operated by the same licensee or by a licensee affiliated with the same corporate organization
as the licensee of the first facility, or to another facility managed by the same entity managing
the first facility. The facility to which the staff person transfers must document that the staff
person completed the orientation at the prior facility. The facility to which the staff person
transfers must nonetheless provide the transferred staff person with supplemental orientation
specific to the facility and document that the supplemental orientation was provided. The
supplemental orientation must include the types of assisted living services the staff person
will be providing, the facility's category of licensure, and the facility's emergency procedures.
A staff person cannot transfer to an assisted living facility with dementia care without
satisfying the additional training requirements under section 144G.83.
new text end

Sec. 6.

Minnesota Statutes 2022, section 144G.63, subdivision 4, is amended to read:

Subd. 4.

Training required relating to dementia new text begin , mental illness, and de-escalation new text end .

All
direct care staff and supervisors providing direct services must demonstrate an understanding
of the training specified in section 144G.64.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 144G.64, is amended to read:

144G.64 TRAINING IN DEMENTIA deleted text begin CARE deleted text end new text begin , MENTAL ILLNESS, AND
DE-ESCALATION new text end REQUIRED.

(a) All assisted living facilities must meet the following new text begin dementia care, mental illness,
and de-escalation new text end training requirements:

(1) supervisors of direct-care staff must have at least eight hours of initial training on
new text begin dementia new text end topics specified under paragraph (b) new text begin , clauses (1) to (5), and two hours of initial
training on mental illness and de-escalation topics specified under paragraph (b), clauses
(6) to (8), new text end within 120 working hours of the employment start date deleted text begin , and deleted text end new text begin . Supervisors new text end must
have at least two hours of training on topics related to dementia deleted text begin care deleted text end new text begin and one hour of training
on topics related to mental illness and de-escalation new text end for each 12 months of employment
thereafter;

(2) direct-care employees must have completed at least eight hours of initial training on
new text begin dementia new text end topics specified under paragraph (b) new text begin , clauses (1) to (5), and two hours of initial
training on mental illness and de-escalation topics specified under paragraph (b), clauses
(6) to (8), new text end within 160 working hours of the employment start date. Until this initial training
is complete, an employee must not provide direct care unless there is another employee on
site who has completed the initial eight hours of training on topics related to dementia deleted text begin care deleted text end new text begin
and the initial two hours of training on topics related to mental illness and de-escalation new text end and
who can act as a resource and assist if issues arise. A trainer of the requirements under
paragraph (b) or a supervisor meeting the requirements in clause (1) must be available for
consultation with the new employee until the training requirement is complete. Direct-care
employees must have at least two hours of training on topics related to dementia new text begin and one
hour of training on topics related to mental illness and de-escalation new text end for each 12 months of
employment thereafter;

(3) for assisted living facilities with dementia care, direct-care employees must have
completed at least eight hours of initial training on topics specified under paragraph (b)
within 80 working hours of the employment start date. Until this initial training is complete,
an employee must not provide direct care unless there is another employee on site who has
completed the initial eight hours of training on topics related to dementia deleted text begin care deleted text end new text begin and two hours
of training on topics related to mental illness and de-escalation new text end and who can act as a resource
and assist if issues arise. A trainer of the requirements under paragraph (b) or a supervisor
meeting the requirements in clause (1) must be available for consultation with the new
employee until the training requirement is complete. Direct-care employees must have at
least two hours of training on topics related to dementia new text begin and one hour of training on topics
related to mental illness and de-escalation new text end for each 12 months of employment thereafter;

(4) staff who do not provide direct care, including maintenance, housekeeping, and food
service staff, must have at least four hours of initial training on topics specified under
paragraph (b) new text begin , clauses (1) to (5), and two hours of initial training on mental illness and
de-escalation topics specified under paragraph (b), clauses (6) to (8), new text end within 160 working
hours of the employment start date, and must have at least two hours of training on topics
related to dementia deleted text begin care deleted text end new text begin and one hour of training on topics related to mental illness and
de-escalation new text end for each 12 months of employment thereafter; and

(5) new employees may satisfy the initial training requirements by producing written
proof of previously completed required training within the past 18 months.

(b) Areas of required new text begin dementia, mental illness, and de-escalation new text end training include:

(1) an explanation of Alzheimer's disease and other dementias;

(2) assistance with activities of daily living;

(3) problem solving with challenging behaviors;

(4) communication skills; deleted text begin and
deleted text end

(5) person-centered planning and service delivery deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) recognizing symptoms of common mental illness diagnoses, including but not limited
to mood disorders, anxiety disorders, trauma- and stressor-related disorders, personality
and psychotic disorders, substance use disorder, and substance misuse;
new text end

new text begin (7) de-escalation techniques and communication; and
new text end

new text begin (8) crisis resolution and suicide prevention, including procedures for contacting county
crisis response teams and 988 suicide and crisis lifelines.
new text end

(c) The facility shall provide to consumers in written or electronic form a description of
the training program, the categories of employees trained, the frequency of training, and
the basic topics covered.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2022, section 256.9755, subdivision 2, is amended to read:

Subd. 2.

Authority.

The Minnesota Board on Aging shall allocate deleted text begin to area agencies on
aging deleted text end the state funds deleted text begin which deleted text end new text begin that new text end are received under this section for the caregiver support
program deleted text begin in a manner consistent with federal requirements deleted text end . The board shall give priority to
those areas where there is a high need of respite services as evidenced by the data provided
by the board.

Sec. 9.

Minnesota Statutes 2022, section 256.9755, subdivision 3, is amended to read:

Subd. 3.

Caregiver support services.

Funds allocated under this section deleted text begin to an area
agency on aging deleted text end for caregiver support services must be used deleted text begin in a manner consistent with
the National Family Caregiver Support Program deleted text end to reach family caregivers of persons with
ALS deleted text begin , except that deleted text end new text begin and new text end such funds may be used to provide services benefiting people under
the age of 60 and their caregivers. The funds must be used to provide social,
community-based services and activities that provide social interaction for participants. The
funds may also be used to provide respite care.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 256.9756, subdivision 1, is amended
to read:

Subdivision 1.

Caregiver respite services grant program established.

The Minnesota
Board on Aging must establish a caregiver respite services grant program to increase the
availability of respite services for family caregivers of people with dementia deleted text begin and older adults deleted text end
and to provide information, education, and training to respite caregivers and volunteers
regarding caring for people with dementia. From the money made available for this purpose,
the board must award grants on a competitive basis to respite service providers, giving
priority to areas of the state where there is a high need of respite services.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 256.9756, subdivision 2, is amended
to read:

Subd. 2.

Eligible uses.

Grant recipients awarded grant money under this section must
use a portion of the grant award as determined by the board to provide free or subsidized
respite services for family caregivers of people with dementia deleted text begin and older adults deleted text end .

Sec. 12.

Minnesota Statutes 2023 Supplement, section 256B.0913, subdivision 5, as
amended by Laws 2024, chapter 85, section 68, is amended to read:

Subd. 5.

Services covered under alternative care.

(a) Alternative care funding may
be used for payment of costs of:

(1) adult day services and adult day services bath;

(2) home care;

(3) homemaker services;

(4) personal care;

(5) case management and conversion case management;

(6) respite care;

(7) specialized supplies and equipment;

(8) home-delivered meals;

(9) nonmedical transportation;

(10) nursing services;

(11) chore services;

(12) companion services;

(13) nutrition services;

(14) family caregiver training and education;

(15) coaching and counseling;

(16) telehome care to provide services in their own homes in conjunction with in-home
visits;

(17) consumer-directed community supports;

(18) environmental accessibility and adaptations; deleted text begin and
deleted text end

new text begin (19) transitional services; and
new text end

deleted text begin (19) deleted text end new text begin (20) new text end discretionary services, for which lead agencies may make payment from their
alternative care program allocation for services not otherwise defined in this section or
section 256B.0625, following approval by the commissioner.

(b) Total annual payments for discretionary services for all clients served by a lead
agency must not exceed 25 percent of that lead agency's annual alternative care program
base allocation, except that when alternative care services receive federal financial
participation under the 1115 waiver demonstration, funding shall be allocated in accordance
with subdivision 17.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 13.

Minnesota Statutes 2022, section 256B.0913, subdivision 5a, is amended to read:

Subd. 5a.

Services; service definitions; service standards.

(a) Unless specified in
statute, the services, service definitions, and standards for alternative care services shall be
the same as the services, service definitions, and standards specified in the federally approved
elderly waiver plan, except alternative care does not cover deleted text begin transitional support services, deleted text end
assisted living services, adult foster care services, and residential care and benefits defined
under section 256B.0625 that meet primary and acute health care needs.

(b) The lead agency must ensure that the funds are not used to supplant or supplement
services available through other public assistance or services programs, including
supplementation of client co-pays, deductibles, premiums, or other cost-sharing arrangements
for health-related benefits and services or entitlement programs and services that are available
to the person, but in which they have elected not to enroll. The lead agency must ensure
that the benefit department recovery system in the Medicaid Management Information
System (MMIS) has the necessary information on any other health insurance or third-party
insurance policy to which the client may have access. Supplies and equipment may be
purchased from a vendor not certified to participate in the Medicaid program if the cost for
the item is less than that of a Medicaid vendor.

(c) Personal care services must meet the service standards defined in the federally
approved elderly waiver plan, except that a lead agency may authorize services to be provided
by a client's relative who meets the relative hardship waiver requirements or a relative who
meets the criteria and is also the responsible party under an individual service plan that
ensures the client's health and safety and supervision of the personal care services by a
qualified professional as defined in section 256B.0625, subdivision 19c. Relative hardship
is established by the lead agency when the client's care causes a relative caregiver to do any
of the following: resign from a paying job, reduce work hours resulting in lost wages, obtain
a leave of absence resulting in lost wages, incur substantial client-related expenses, provide
services to address authorized, unstaffed direct care time, or meet special needs of the client
unmet in the formal service plan.

(d) Alternative care covers sign language interpreter services and spoken language
interpreter services for recipients eligible for alternative care when the services are necessary
to help deaf and hard-of-hearing recipients or recipients with limited English proficiency
obtain covered services. Coverage for face-to-face spoken language interpreter services
shall be provided only if the spoken language interpreter used by the enrolled health care
provider is listed in the registry or roster established under section 144.058.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2022, section 256B.434, is amended by adding a subdivision
to read:

new text begin Subd. 4k. new text end

new text begin Property rate increase for certain nursing facilities. new text end

new text begin (a) A rate increase
under this subdivision ends upon the effective date of the transition of the facility's property
rate to a property payment rate under section 256R.26, subdivision 8, or May 31, 2026,
whichever is earlier.
new text end

new text begin (b) The commissioner shall increase the property rate of a nursing facility located in the
city of St. Paul at 1415 Almond Avenue in Ramsey County by $10.65 on January 1, 2025.
new text end

new text begin (c) The commissioner shall increase the property rate of a nursing facility located in the
city of Duluth at 3111 Church Place in St. Louis County by $20.81 on January 1, 2025.
new text end

new text begin (d) The commissioner shall increase the property rate of a nursing facility located in the
city of Chatfield at 1102 Liberty Street SE in Fillmore County by $21.35 on January 1,
2025.
new text end

new text begin (e) Effective January 1, 2025, through June 30, 2025, the commissioner shall increase
the property rate of a nursing facility located in the city of Fergus Falls at 1131 South
Mabelle Avenue in Ottertail County by $38.56.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 15.

Minnesota Statutes 2022, section 256B.49, is amended by adding a subdivision
to read:

new text begin Subd. 28a. new text end

new text begin Transfer of customized living enrollment dates. new text end

new text begin (a) For the purposes of
this subdivision, "operational" has the meaning given in subdivision 28.
new text end

new text begin (b) This paragraph applies only to customized living settings enrolled and operational
on or before June 30, 2021, and customized living settings that have previously transferred
their customized living enrollment date under this paragraph. A provider that receives
approval from the commissioner of health under section 144G.195, subdivision 1, to relocate
a licensed assisted living facility that was enrolled prior to January 11, 2021, to deliver
medical assistance 24-hour customized living services, or customized living services as
defined by the brain injury and community access for disability inclusion federally approved
home and community-based services waiver plans, may continue to operate the customized
living setting under the original setting's customized living enrollment date if all of the
requirements under this subdivision are met.
new text end

new text begin (c) A transfer of enrollment date is allowed under this subdivision only if the facility
relocation is due to:
new text end

new text begin (1) a provider that rents the original setting being unable to continue to rent the original
setting because of eviction, nonrenewal of its lease by the property owner, or sale of the
property by the owner;
new text end

new text begin (2) a provider that rents the original setting being unable to make the necessary updates
or improvements to the original setting to comply with the physical plant and other
requirements under state or federal law, including but not limited to chapter 144G;
new text end

new text begin (3) a provider's monthly rent increasing more than three percent in a 12-month period;
new text end

new text begin (4) the original setting being destroyed or damaged by fire, lightning, flood, wind, ground
shifts, or other such hazards, including environmental hazards, to such an extent that the
original setting cannot be repaired and the safety of residents would be jeopardized by
continuing to reside in the original setting; or
new text end

new text begin (5) a provider or an entity that directly or indirectly through one or more intermediaries
is controlled by, is under common control with, or controls the entity enrolled to provide
customized living services at the current setting purchases a new setting and the commissioner
of health approves the relocation of the provider's assisted living facility license to the newly
purchased setting.
new text end

new text begin (d) When a relocation is necessitated by a qualifying situation under paragraph (c),
clauses (1) to (5), the provider must submit a notification to the commissioner of human
services, the ombudsman of long-term care, the ombudsperson of mental health and
developmental disabilities, relevant lead agencies, each resident's case manager, and either
each person receiving services at the setting or the person's legal representative. The
notification must be made at least 30 days prior to the relocation date and on forms and in
the manner prescribed by the commissioner of human services.
new text end

new text begin (e) A provider proposing to transfer a customized living setting enrollment date to a new
setting must submit, with the provider's notification to the commissioner of human services
under paragraph (d), the following information:
new text end

new text begin (1) the addresses of the vacating location and of the proposed new location;
new text end

new text begin (2) the anticipated date of the move to the new location;
new text end

new text begin (3) contacts for the lead agency and each resident's waiver case manager;
new text end

new text begin (4) documentation that the Department of Health has received an application to relocate
pursuant to section 144G.195, subdivision 1, for the new location; and
new text end

new text begin (5) documentation that the customized living provider's assisted living facility license
is not conditional.
new text end

new text begin (f) The commissioner of human services has 30 days to approve or deny requests to
transfer the original setting's customized living enrollment date to the new setting.
new text end

new text begin (g) The commissioner of human services must deny requests to transfer a customized
living enrollment date to a new setting if:
new text end

new text begin (1) the new setting approved by the commissioner of health under section 144G.195,
subdivision 1, is adjoined to or on the same property as an institution as defined in Code of
Federal Regulations, title 42, section 441.301(c), or one or more licensed assisted living
facilities;
new text end

new text begin (2) the requesting provider fails to notify the commissioner of human services of the
proposed relocation within the time frames required under this subdivision;
new text end

new text begin (3) the requesting provider's assisted living facility license is conditional; or
new text end

new text begin (4) the requesting provider is changing ownership at the same time as the proposed
relocation.
new text end

new text begin (h) The setting to which the original customized living enrollment date is transferred
must:
new text end

new text begin (1) comply with setting requirements in the brain injury and community access for
disability inclusion federally approved home and community-based services waiver plans
and under this section as the requirements existed on the customized living enrollment date
of the original setting;
new text end

new text begin (2) have a resident capacity less than or equal to the resident capacity of the original
setting;
new text end

new text begin (3) not require or coerce any resident of the original setting to move to the new setting,
consistent with informed choice and independent living policies under section 256B.4905,
subdivisions 1a, 2a, 3a, and 8; and
new text end

new text begin (4) provide each resident with a new assisted living contract and comply with the
coordinated move requirements under section 144G.55.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or 90 days after federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.
new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 256R.55, is amended to read:

256R.55 deleted text begin FINANCIALLY DISTRESSED NURSING FACILITY deleted text end new text begin LONG-TERM
SERVICES AND SUPPORTS new text end LOAN PROGRAM.

Subdivision 1.

deleted text begin Financially distressed nursing facility loans deleted text end new text begin Long-term services and
supports loan program new text end .

The commissioner of human services shall establish a competitive
deleted text begin financially distressed nursing facility deleted text end loan program to provide operating loans to eligible
deleted text begin nursing deleted text end new text begin long-term services and supports providers and new text end facilities. The commissioner shall
initiate the application process for the loan described in this section at least once annually new text begin
if money is available new text end . A second application process may be initiated each year at the
discretion of the commissioner.

Subd. 2.

Eligibility.

To be an eligible applicant for a loan under this section, a deleted text begin nursing
facility deleted text end new text begin provider new text end must submit to the commissioner of human services a loan application in
the form and according to the timelines established by the commissioner. In its loan
application, a loan applicant must demonstrate deleted text begin that deleted text end new text begin the following new text end :

new text begin (1) for nursing facilities with a medical assistance provider agreement that are licensed
as a nursing home or boarding care home according to section 256R.02, subdivision 33:
new text end

deleted text begin (1) deleted text end new text begin (i) new text end the total net income of the nursing facility is not generating sufficient revenue to
cover the nursing facility's operating expenses;

deleted text begin (2) deleted text end new text begin (ii) new text end the nursing facility is at risk of closure; and

deleted text begin (3) deleted text end new text begin (iii) new text end additional operating revenue is necessary to either preserve access to nursing
facility services within the community or support people with complex, high-acuity support
needs deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) for other long-term services and supports providers:
new text end

new text begin (i) demonstration that the provider is enrolled in a Minnesota health care program and
provides one or more of the following services in a Minnesota health care program:
new text end

new text begin (A) home and community-based services under chapter 245D;
new text end

new text begin (B) personal care assistance services under section 256B.0659;
new text end

new text begin (C) community first services and supports under section 256B.85;
new text end

new text begin (D) early intensive developmental and behavioral intervention services under section
256B.0949;
new text end

new text begin (E) home care services as defined under section 256B.0651, subdivision 1, paragraph
(d); or
new text end

new text begin (F) customized living services as defined in section 256S.02; and
new text end

new text begin (ii) additional operating revenue is necessary to preserve access to services within the
community, expand services to people within the community, expand services to new
communities, or support people with complex, high-acuity support needs.
new text end

new text begin Subd. 2a. new text end

new text begin Allowable uses of loan money. new text end

new text begin (a) A loan awarded to a nursing facility under
subdivision 2, clause (1), must only be used to cover the facility's short-term operating
expenses. Nursing facilities receiving loans must not use the loan proceeds to pay related
organizations as defined in section 256R.02, subdivision 43.
new text end

new text begin (b) A loan awarded to a long-term services and supports provider under subdivision 2,
clause (2), must only be used to cover expenses related to achieving outcomes identified in
subdivision 2, clause (2), item (ii).
new text end

Subd. 3.

Approving loans.

The commissioner must evaluate all loan applications on a
competitive basis and award loans to successful applicants within available appropriations
for this purpose. The commissioner's decisions are final and not subject to appeal.

Subd. 4.

Disbursement schedule.

Successful loan applicants under this section may
receive loan disbursements as a lump sum deleted text begin , deleted text end new text begin or new text end on an agreed upon disbursement schedule deleted text begin , or
as a time-limited line of credit deleted text end . The commissioner shall approve disbursements to successful
loan applicants through a memorandum of understanding. Memoranda of understanding
must specify the amount and schedule of loan disbursements.

Subd. 5.

Loan administration.

The commissioner may contract with an independent
third party to administer the loan program under this section.

Subd. 6.

Loan payments.

The commissioner shall negotiate the terms of the loan
repayment, including the start of the repayment plan, the due date of the repayment, and
the frequency of the repayment installments. Repayment installments must not begin until
at least 18 months after the first disbursement date. The memoranda of understanding must
specify the amount and schedule of loan payments. The repayment term must not exceed
72 months. If any loan payment to the commissioner is not paid within the time specified
by the memoranda of understanding, the late payment must be assessed a penalty rate of
0.01 percent of the original loan amount each month the payment is past due. new text begin For nursing
facilities, new text end this late fee is not an allowable cost on the department's cost report. The
commissioner shall have the power to abate penalties when discrepancies occur resulting
from but not limited to circumstances of error and mail delivery.

Subd. 7.

Loan repayment.

(a) If a borrower is more than 60 calendar days delinquent
in the timely payment of a contractual payment under this section, the provisions in
paragraphs (b) to (e) apply.

(b) The commissioner may withhold some or all of the amount of the delinquent loan
payment, together with any penalties due and owing on those amounts, from any money
the department owes to the borrower. The commissioner may, at the commissioner's
discretion, also withhold future contractual payments from any money the commissioner
owes the provider as those contractual payments become due and owing. The commissioner
may continue this withholding until the commissioner determines there is no longer any
need to do so.

(c) The commissioner shall give prior notice of the commissioner's intention to withhold
by mail, facsimile, or email at least ten business days before the date of the first payment
period for which the withholding begins. The notice must be deemed received as of the date
of mailing or receipt of the facsimile or electronic notice. The notice must:

(1) state the amount of the delinquent contractual payment;

(2) state the amount of the withholding per payment period;

(3) state the date on which the withholding is to begin;

(4) state whether the commissioner intends to withhold future installments of the
provider's contractual payments; and

(5) state other contents as the commissioner deems appropriate.

(d) The commissioner, or the commissioner's designee, may enter into written settlement
agreements with a provider to resolve disputes and other matters involving unpaid loan
contractual payments or future loan contractual payments.

(e) Notwithstanding any law to the contrary, all unpaid loans, plus any accrued penalties,
are overpayments for the purposes of section 256B.0641, subdivision 1. The current owner
of a nursing home deleted text begin or deleted text end new text begin , new text end boarding care home new text begin , or long-term services and supports provider new text end is
liable for the overpayment amount owed by a former owner for any facility sold, transferred,
or reorganized.

Subd. 8.

Audit.

Loan money allocated under this section is subject to audit to determine
whether the money was spent as authorized under this section.

new text begin Subd. 8a. new text end

new text begin Special revenue account. new text end

new text begin A long-term services and supports loan account is
created in the special revenue fund in the state treasury. Money appropriated for the purposes
of this section must be transferred to the long-term services and supports loan account. All
payments received under subdivision 6, along with fees, penalties, and interest, must be
deposited into the special revenue account and are appropriated to the commissioner for the
purposes of this section.
new text end

Subd. 9.

Carryforward.

Notwithstanding section 16A.28, subdivision 3, deleted text begin any
appropriation deleted text end new text begin money in the long-term services and supports loan account new text end for the purposes
under this section carries forward and does not lapse deleted text begin until the close of the fiscal year in
which this section expires deleted text end .

deleted text begin Subd. 10. deleted text end

deleted text begin Expiration. deleted text end

deleted text begin This section expires June 30, 2029.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except that subdivision 8a
is effective retroactively from July 1, 2023.
new text end

Sec. 17.

new text begin [256S.191] ELDERLY WAIVER BUDGET AND RATE EXCEPTIONS;
HIGH-NEED PARTICIPANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility for budget and rate exceptions. new text end

new text begin A participant is eligible to
request an elderly waiver budget and rate exception when:
new text end

new text begin (1) hospitalization of the participant is no longer medically necessary but the participant
has not been discharged to the community due to lack of community care options;
new text end

new text begin (2) the participant requires a support plan that exceeds elderly waiver budgets and rates
due to the participant's specific assessed needs; and
new text end

new text begin (3) the participant meets all eligibility criteria for the elderly waiver.
new text end

new text begin Subd. 2. new text end

new text begin Requests for budget and rate exceptions. new text end

new text begin (a) A participant eligible under
subdivision 1 may request, in a format prescribed by the commissioner, an elderly waiver
budget and rate exception when requesting an eligibility determination for elderly waiver
services. The participant may request an exception to the elderly waiver case mix caps, the
customized living service rate limits, service rates, or any combination of the three.
new text end

new text begin (b) The participant must document in the request that the participant's needs cannot be
met within the existing case mix caps, customized living service rate limits, or service rates
and how an exception to any of the three will meet the participant's needs.
new text end

new text begin (c) The participant must include in the request the basis for the underlying costs used to
determine the overall cost of the proposed service plan.
new text end

new text begin (d) The commissioner must respond to all exception requests, whether the request is
granted, denied, or granted as modified. The commissioner must include in the response
the basis for the action and provide notification of the right to appeal.
new text end

new text begin (e) Participants granted exceptions under this section must apply annually in a format
prescribed by the commissioner to continue or modify the exception.
new text end

new text begin (f) A participant no longer qualifies for an exception when the participant's needs can
be met within standard elderly waiver budgets and rates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 18.

Minnesota Statutes 2022, section 256S.205, subdivision 2, is amended to read:

Subd. 2.

Rate adjustment application.

new text begin (a) Effective through September 30, 2023, new text end a
facility may apply to the commissioner for designation as a disproportionate share facility.
Applications must be submitted annually between September 1 and September 30. The
applying facility must apply in a manner determined by the commissioner. The applying
facility must document each of the following on the application:

(1) the number of customized living residents in the facility on September 1 of the
application year, broken out by specific waiver program; and

(2) the total number of people residing in the facility on September 1 of the application
year.

new text begin (b) Effective October 1, 2023, the commissioner must not process any new applications
for disproportionate share facilities after the September 1 through September 30, 2023,
application period.
new text end

new text begin (c) A facility that receives rate floor payments in rate year 2024 may submit an application
under this subdivision to maintain its designation as a disproportionate share facility for
rate year 2025.
new text end

Sec. 19.

Minnesota Statutes 2022, section 256S.205, subdivision 3, is amended to read:

Subd. 3.

Rate adjustment eligibility criteria.

new text begin (a) Effective through September 30, 2023,
new text end only facilities satisfying all of the following conditions on September 1 of the application
year are eligible for designation as a disproportionate share facility:

(1) at least 83.5 percent of the residents of the facility are customized living residents;
and

(2) at least 70 percent of the customized living residents are elderly waiver participants.

new text begin (b) A facility determined eligible for the disproportionate share rate adjustment in
application year 2023 and receiving payments in rate year 2024 is eligible to receive payments
in rate year 2025 only if the commissioner determines that the facility continues to meet
the eligibility requirements under this subdivision as determined by the application process
under subdivision 2, paragraph (c).
new text end

Sec. 20.

Minnesota Statutes 2022, section 256S.205, subdivision 5, is amended to read:

Subd. 5.

Rate adjustment; rate floor.

(a) new text begin Effective through December 31, 2025,
new text end notwithstanding the 24-hour customized living monthly service rate limits under section
256S.202, subdivision 2, and the component service rates established under section 256S.201,
subdivision 4, the commissioner must establish a rate floor equal to deleted text begin $119 deleted text end new text begin $141 new text end per resident
per day for 24-hour customized living services provided to an elderly waiver participant in
a designated disproportionate share facility.

(b) The commissioner must apply the rate floor to the services described in paragraph
(a) provided during the rate year.

deleted text begin (c) The commissioner must adjust the rate floor by the same amount and at the same
time as any adjustment to the 24-hour customized living monthly service rate limits under
section 256S.202, subdivision 2.
deleted text end

deleted text begin (d) The commissioner shall not implement the rate floor under this section if the
customized living rates established under sections 256S.21 to 256S.215 will be implemented
at 100 percent on January 1 of the year following an application year.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 21.

Minnesota Statutes 2022, section 256S.205, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin This section expires January 1, 2026.
new text end

Sec. 22. new text begin DIRECTION TO COMMISSIONER; HOME AND COMMUNITY-BASED
SERVICES SYSTEM REFORM ANALYSIS.
new text end

new text begin (a) The commissioner of human services must study Minnesota's existing home and
community-based services system for older adults and evaluate options to meet the needs
of older adults with high support needs that cannot be addressed by services or individual
participant budgets available under the elderly waiver. The commissioner must propose
reforms to the home and community-based services system to meet the following goals:
new text end

new text begin (1) address the needs of older adults with high support needs, including older adults with
high support needs currently residing in the community;
new text end

new text begin (2) develop provider capacity to meet the needs of older adults with high support needs;
and
new text end

new text begin (3) ensure access to a full range of services and supports necessary to address the needs
of older adults with high support needs.
new text end

new text begin (b) The commissioner must submit a report with recommendations to meet the goals in
paragraph (a) to the chairs and ranking minority members of the legislative committees with
jurisdiction over human services finance and policy by December 31, 2025.
new text end

Sec. 23. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 256R.55, as Minnesota
Statutes, section 256.4792, and correct all cross-references.
new text end

ARTICLE 3

SUBSTANCE USE DISORDER SERVICES

Section 1.

Minnesota Statutes 2022, section 151.065, subdivision 7, is amended to read:

Subd. 7.

Deposit of fees.

(a) The license fees collected under this section, with the
exception of the fees identified in paragraphs (b) and (c), shall be deposited in the state
government special revenue fund.

(b) $5,000 of each fee collected under subdivision 1, clauses (6) to (9), and (11) to (15),
and subdivision 3, clauses (4) to (7), and (9) to (13), and $55,000 of each fee collected under
subdivision 1, clause (16), and subdivision 3, clause (14), shall be deposited in the opiate
epidemic response fund established in section 256.043.

deleted text begin (c) If the fees collected under subdivision 1, clause (16), or subdivision 3, clause (14),
are reduced under section 256.043, $5,000 of the reduced fee shall be deposited in the opiate
epidemic response fund in section 256.043.
deleted text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245.91, subdivision 4, is amended
to read:

Subd. 4.

Facility or program.

"Facility" or "program" means a nonresidential or
residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
facility, or program that provides services or treatment for mental illness, developmental
disability, substance use disorder, or emotional disturbance that is required to be licensed,
certified, or registered by the commissioner of human services, health, or education; a sober
home as defined in section 254B.01, subdivision 11; new text begin peer recovery support services provided
by a recovery community organization as defined in section 254B.01, subdivision 8; new text end and
an acute care inpatient facility that provides services or treatment for mental illness,
developmental disability, substance use disorder, or emotional disturbance.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245G.07, subdivision 2, is amended
to read:

Subd. 2.

Additional treatment service.

A license holder may provide or arrange the
following additional treatment service as a part of the client's individual treatment plan:

(1) relationship counseling provided by a qualified professional to help the client identify
the impact of the client's substance use disorder on others and to help the client and persons
in the client's support structure identify and change behaviors that contribute to the client's
substance use disorder;

(2) therapeutic recreation to allow the client to participate in recreational activities
without the use of mood-altering chemicals and to plan and select leisure activities that do
not involve the inappropriate use of chemicals;

(3) stress management and physical well-being to help the client reach and maintain an
appropriate level of health, physical fitness, and well-being;

(4) living skills development to help the client learn basic skills necessary for independent
living;

(5) employment or educational services to help the client become financially independent;

(6) socialization skills development to help the client live and interact with others in a
positive and productive manner;

(7) room, board, and supervision at the treatment site to provide the client with a safe
and appropriate environment to gain and practice new skills; and

(8) peer recovery support services new text begin must be new text end provided by deleted text begin an individual in deleted text end new text begin a new text end recovery new text begin peer new text end
qualified according to section 245I.04, subdivision 18. Peer new text begin recovery new text end support services deleted text begin include
education; advocacy; mentoring through self-disclosure of personal recovery experiences;
attending recovery and other support groups with a client; accompanying the client to
appointments that support recovery; assistance accessing resources to obtain housing,
employment, education, and advocacy services; and nonclinical recovery support to assist
the transition from treatment into the recovery community deleted text end new text begin must be provided according to
sections 254B.05, subdivision 5, and 254B.052 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 245I.04, subdivision 19, is amended
to read:

Subd. 19.

Recovery peer scope of practice.

new text begin (a) new text end A recovery peer, under the supervision
of deleted text begin an deleted text end new text begin a licensed new text end alcohol and drug counselor new text begin or mental health professional who meets the
qualifications under subdivision 2 new text end , must:

(1) provide individualized peer support new text begin and individual recovery planning new text end to each client;

(2) promote a client's recovery goals, self-sufficiency, self-advocacy, and development
of natural supports; and

(3) support a client's maintenance of skills that the client has learned from other services.

new text begin (b) A licensed alcohol and drug counselor or mental health professional providing
supervision to a recovery peer must meet with the recovery peer face-to-face, either remotely
or in person, at least once per month in order to provide adequate supervision to the recovery
peer. Supervision must include reviewing individual recovery plans, as defined in section
254B.01, subdivision 4e, and reviewing documentation of peer recovery support services
provided for clients and may include client updates, discussion of ethical considerations,
and any other questions or issues relevant to peer recovery support services.
new text end

Sec. 5.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision to
read:

new text begin Subd. 4e. new text end

new text begin Individual recovery plan. new text end

new text begin "Individual recovery plan" means a person-centered
outline of supports that an eligible vendor of peer recovery support services under section
254B.05, subdivision 1, must develop to respond to an individual's peer recovery support
services needs and goals.
new text end

Sec. 6.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision to
read:

new text begin Subd. 8a. new text end

new text begin Recovery peer. new text end

new text begin "Recovery peer" means a person who is qualified according
to section 245I.04, subdivision 18, to provide peer recovery support services within the
scope of practice provided under section 245I.04, subdivision 19.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 1, is amended
to read:

Subdivision 1.

Licensure new text begin or certification new text end required.

(a) Programs licensed by the
commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
programs that provide substance use disorder treatment, extended care, transitional residence,
or outpatient treatment services, and are licensed by tribal government are eligible vendors.

(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).

(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5). A county is an eligible vendor of peer recovery services when the services are
provided by an individual who meets the requirements of section 245G.11, subdivision 8.

(d) A recovery community organization that meets the requirements of clauses (1) to
deleted text begin (10) deleted text end new text begin (12) new text end and meets deleted text begin membership deleted text end new text begin certification new text end or accreditation requirements of deleted text begin the Association
of Recovery Community Organizations deleted text end new text begin the Alliance for Recovery Centered Organizations new text end ,
the Council on Accreditation of Peer Recovery Support Services, or a Minnesota statewide
recovery deleted text begin community deleted text end organization identified by the commissioner is an eligible vendor of
peer new text begin recovery new text end support services. new text begin A Minnesota statewide recovery organization identified by
the commissioner must update recovery community organization applicants for certification
or accreditation on the status of the application within 45 days of receipt. If the approved
statewide recovery organization denies an application, it must provide a written explanation
for the denial to the recovery community organization. new text end Eligible vendors under this paragraph
must:

(1) be nonprofit organizations new text begin under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission new text end ;

(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;

(3) deleted text begin primarily focus on recovery from substance use disorders, with missions and visions
that support this primary focus deleted text end new text begin have a mission statement and conduct corresponding activities
indicating that the organization's primary purpose is to support recovery from substance
use disorder new text end ;

(4) deleted text begin be grassroots and reflective of and engaged with the community served deleted text end new text begin demonstrate
ongoing community engagement with the identified primary region and population served
by the organization, including individuals in recovery and their families, friends, and recovery
allies new text end ;

(5) be accountable to the recovery community through new text begin documented priority-setting and
participatory decision-making new text end processes that promote the deleted text begin involvement and deleted text end engagement of,
and consultation with, people in recovery and their families, friends, and recovery allies;

(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building
deleted text begin groups deleted text end , and harm-reduction activities new text begin , and provide recovery public education and advocacy new text end ;

(7) new text begin have written policies that new text end allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;

(8) deleted text begin be purposeful in meeting the diverse deleted text end new text begin maintain organizational practices to meet the new text end
needs of Black, Indigenous, and people of color communities, deleted text begin including deleted text end new text begin LGBTQ+
communities, and other underrepresented or marginalized communities. Organizational
practices may include new text end board and staff deleted text begin development activities, organizational practices deleted text end new text begin
training new text end , service offerings, advocacy efforts, and culturally informed outreach and deleted text begin service
plans deleted text end new text begin services new text end ;

(9) deleted text begin be stewards of deleted text end new text begin use new text end recovery-friendly language new text begin in all media and written materials new text end that
is supportive of and promotes recovery across diverse geographical and cultural contexts
and reduces stigma; deleted text begin and
deleted text end

(10) new text begin establish and new text end maintain deleted text begin an employee and volunteer deleted text end new text begin a publicly available recovery
community organization new text end code of ethics and deleted text begin easily accessible deleted text end grievance new text begin policy and new text end procedures
deleted text begin posted in physical spaces, on websites, or on program policies or forms. deleted text end new text begin ;
new text end

new text begin (11) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services; and
new text end

new text begin (12) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:
new text end

new text begin (i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;
new text end

new text begin (ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and
new text end

new text begin (iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaint.
new text end

(e) new text begin A new text end recovery community deleted text begin organizations deleted text end new text begin organization new text end approved by the commissioner
before June 30, 2023, deleted text begin shall retain their designation as recovery community organizations deleted text end new text begin
must have begun the application process as required by an approved certifying or accrediting
entity and have begun the process to meet the requirements under paragraph (d) by September
1, 2024, in order to be considered as an eligible vendor of peer recovery support services new text end .

(f) A recovery community organization that is aggrieved by an accreditation new text begin , certification, new text end
or membership determination and believes it meets the requirements under paragraph (d)
may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
(15), for reconsideration as an eligible vendor. new text begin If the human services judge determines that
the recovery community organization meets the requirements under paragraph (d), the
recovery community organization is an eligible vendor of peer recovery support services.
new text end

(g) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.

(h) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 245G.05 and by an individual who meets the criteria of an alcohol and
drug counselor according to section 245G.11, subdivision 5. The alcohol and drug counselor
must be individually enrolled with the commissioner and reported on the claim as the
individual who provided the service.

new text begin (i) Any complaints about a recovery community organization or peer recovery support
services may be made to and reviewed or investigated by the ombudsperson for behavioral
health and developmental disabilities under sections 245.91 and 245.94.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment, except
the amendments adding paragraph (d), clauses (11) and (12), and paragraph (i) are effective
July 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 5, as amended
by Laws 2024, chapter 85, section 59, is amended to read:

Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
and provided according to the following ASAM levels of care:

(i) ASAM level 0.5 early intervention services provided according to section 254B.19,
subdivision 1, clause (1);

(ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
subdivision 1, clause (2);

(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
subdivision 1, clause (3);

(iv) ASAM level 2.5 partial hospitalization services provided according to section
254B.19, subdivision 1, clause (4);

(v) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5);

(vi) ASAM level 3.3 clinically managed population-specific high-intensity residential
services provided according to section 254B.19, subdivision 1, clause (6); and

(vii) ASAM level 3.5 clinically managed high-intensity residential services provided
according to section 254B.19, subdivision 1, clause (7);

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) treatment coordination services provided according to section 245G.07, subdivision
1, paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) withdrawal management services provided according to chapter 245F;

(6) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

(7) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

(8) ASAM 3.5 clinically managed high-intensity residential services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which
provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
and are provided by a state-operated vendor or to clients who have been civilly committed
to the commissioner, present the most complex and difficult care needs, and are a potential
threat to the community; and

(9) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionals under
section 245I.04, subdivision 2, or are students or licensing candidates under the supervision
of a licensed alcohol and drug counselor supervisor and mental health professional under
section 245I.04, subdivision 2, except that no more than 50 percent of the mental health
staff may be students or licensing candidates with time documented to be directly related
to provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services.

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (5), items (i) to (iv).

(f) deleted text begin Subject to federal approval, deleted text end Substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

(i) Payment for substance use disorder services under this section must start from the
day of service initiation, when the comprehensive assessment is completed within the
required timelines.

new text begin (j) Eligible vendors of peer recovery support services must:
new text end

new text begin (1) submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; and
new text end

new text begin (2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support services.
new text end

new text begin (k) Peer recovery support services not provided in accordance with section 254B.052
are subject to monetary recovery under section 256B.064 as money improperly paid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 9.

new text begin [254B.052] PEER RECOVERY SUPPORT SERVICES REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Peer recovery support services; service requirements. new text end

new text begin (a) Peer recovery
support services are face-to-face interactions between a recovery peer and a client, on a
one-on-one basis, in which specific goals identified in an individual recovery plan, treatment
plan, or stabilization plan are discussed and addressed. Peer recovery support services are
provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and
development of natural supports and to support maintenance of a client's recovery.
new text end

new text begin (b) Peer recovery support services must be provided according to an individual recovery
plan if provided by a recovery community organization or county, a treatment plan if provided
in a substance use disorder treatment program under chapter 245G, or a stabilization plan
if provided by a withdrawal management program under chapter 245F.
new text end

new text begin (c) A client receiving peer recovery support services must participate in the services
voluntarily. Any program that incorporates peer recovery support services must provide
written notice to the client that peer recovery support services will be provided.
new text end

new text begin (d) Peer recovery support services may not be provided to a client residing with or
employed by a recovery peer from whom they receive services.
new text end

new text begin Subd. 2. new text end

new text begin Individual recovery plan. new text end

new text begin (a) The individual recovery plan must be developed
with the client and must be completed within the first three sessions with a recovery peer.
new text end

new text begin (b) The recovery peer must document how each session ties into the client's individual
recovery plan. The individual recovery plan must be updated as needed. The individual
recovery plan must include:
new text end

new text begin (1) the client's name;
new text end

new text begin (2) the recovery peer's name;
new text end

new text begin (3) the name of the recovery peer's supervisor;
new text end

new text begin (4) the client's recovery goals;
new text end

new text begin (5) the client's resources and assets to support recovery;
new text end

new text begin (6) activities that may support meeting identified goals; and
new text end

new text begin (7) the planned frequency of peer recovery support services sessions between the recovery
peer and the client.
new text end

new text begin Subd. 3. new text end

new text begin Eligible vendor documentation requirements. new text end

new text begin An eligible vendor of peer
recovery support services under section 254B.05, subdivision 1, must keep a secure file for
each individual receiving medical assistance peer recovery support services. The file must
include, at a minimum:
new text end

new text begin (1) the client's comprehensive assessment under section 245G.05 that led to the client's
referral for peer recovery support services;
new text end

new text begin (2) the client's individual recovery plan; and
new text end

new text begin (3) documentation of each billed peer recovery support services interaction between the
client and the recovery peer, including the date, start and end time with a.m. and p.m.
designations, the client's response, and the name of the recovery peer who provided the
service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 254B.19, subdivision 1, is amended
to read:

Subdivision 1.

Level of care requirements.

new text begin (a) new text end For each client assigned an ASAM level
of care, eligible vendors must implement the standards set by the ASAM for the respective
level of care. Additionally, vendors must meet the following requirements:

(1) For ASAM level 0.5 early intervention targeting individuals who are at risk of
developing a substance-related problem but may not have a diagnosed substance use disorder,
early intervention services may include individual or group counseling, treatment
coordination, peer recovery support, screening brief intervention, and referral to treatment
provided according to section 254A.03, subdivision 3, paragraph (c).

(2) For ASAM level 1.0 outpatient clients, adults must receive up to eight hours per
week of skilled treatment services and adolescents must receive up to five hours per week.
Services must be licensed according to section 245G.20 and meet requirements under section
256B.0759. Peer recovery and treatment coordination may be provided beyond the hourly
skilled treatment service hours allowable per week.

(3) For ASAM level 2.1 intensive outpatient clients, adults must receive nine to 19 hours
per week of skilled treatment services and adolescents must receive six or more hours per
week. Vendors must be licensed according to section 245G.20 and must meet requirements
under section 256B.0759. Peer recovery services and treatment coordination may be provided
beyond the hourly skilled treatment service hours allowable per week. If clinically indicated
on the client's treatment plan, this service may be provided in conjunction with room and
board according to section 254B.05, subdivision 1a.

(4) For ASAM level 2.5 partial hospitalization clients, adults must receive 20 hours or
more of skilled treatment services. Services must be licensed according to section 245G.20
and must meet requirements under section 256B.0759. Level 2.5 is for clients who need
daily monitoring in a structured setting, as directed by the individual treatment plan and in
accordance with the limitations in section 254B.05, subdivision 5, paragraph (h). If clinically
indicated on the client's treatment plan, this service may be provided in conjunction with
room and board according to section 254B.05, subdivision 1a.

(5) For ASAM level 3.1 clinically managed low-intensity residential clients, programs
must provide at least 5 hours of skilled treatment services per week according to each client's
specific treatment schedule, as directed by the individual treatment plan. Programs must be
licensed according to section 245G.20 and must meet requirements under section 256B.0759.

(6) For ASAM level 3.3 clinically managed population-specific high-intensity residential
clients, programs must be licensed according to section 245G.20 and must meet requirements
under section 256B.0759. Programs must have 24-hour staffing coverage. Programs must
be enrolled as a disability responsive program as described in section 254B.01, subdivision
4b, and must specialize in serving persons with a traumatic brain injury or a cognitive
impairment so significant, and the resulting level of impairment so great, that outpatient or
other levels of residential care would not be feasible or effective. Programs must provide,
at a minimum, daily skilled treatment services seven days a week according to each client's
specific treatment schedule, as directed by the individual treatment plan.

(7) For ASAM level 3.5 clinically managed high-intensity residential clients, services
must be licensed according to section 245G.20 and must meet requirements under section
256B.0759. Programs must have 24-hour staffing coverage and provide, at a minimum,
daily skilled treatment services seven days a week according to each client's specific treatment
schedule, as directed by the individual treatment plan.

(8) For ASAM level withdrawal management 3.2 clinically managed clients, withdrawal
management must be provided according to chapter 245F.

(9) For ASAM level withdrawal management 3.7 medically monitored clients, withdrawal
management must be provided according to chapter 245F.

new text begin (b) Notwithstanding the minimum daily skilled treatment service requirements under
paragraph (a), clauses (6) and (7), ASAM level 3.3 and 3.5 vendors must provide each client
at least 30 hours of treatment services per week for the period between January 1, 2024,
through June 30, 2024.
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. 11.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended
to read:

Subd. 3.

Appropriations from registration and license fee account.

(a) The
appropriations in paragraphs (b) to (n) shall be made from the registration and license fee
account on a fiscal year basis in the order specified.

(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs
(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
made accordingly.

(c) $100,000 is appropriated to the commissioner of human services for grants for opiate
antagonist distribution. Grantees may utilize funds for opioid overdose prevention,
community asset mapping, education, and opiate antagonist distribution.

(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal
nations and five urban Indian communities for traditional healing practices for American
Indians and to increase the capacity of culturally specific providers in the behavioral health
workforce.

(e) $400,000 is appropriated to the commissioner of human services for competitive
grants for opioid-focused Project ECHO programs.

(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the
commissioner of human services to administer the funding distribution and reporting
requirements in paragraph (o).

(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated
to the commissioner of human services for safe recovery sites start-up and capacity building
grants under section 254B.18.

(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to
the commissioner of human services for the opioid overdose surge alert system under section
245.891.

(i) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042, subdivision 1, paragraph (c).

(j) $261,000 is appropriated to the commissioner of human services for the provision of
administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (n).

(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
fees under section 151.066.

(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of
Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining
amount is appropriated to the commissioner of human services for distribution to county
social service agencies and Tribal social service agency initiative projects authorized under
section 256.01, subdivision 14b, to provide new text begin prevention and new text end child protection services to
children and families who are affected by addiction. The commissioner shall distribute this
money proportionally to county social service agencies and Tribal social service agency
initiative projects new text begin through a formula new text end based on new text begin intake data from the previous three calendar
years related to substance use and new text end out-of-home placement episodes where parental drug
abuse is deleted text begin the primary deleted text end new text begin a new text end reason for the out-of-home placement deleted text begin using data from the previous
calendar year deleted text end . County social service agencies and Tribal social service agency initiative
projects receiving funds from the opiate epidemic response fund must annually report to
the commissioner on how the funds were used to provide new text begin prevention and new text end child protection
services, including measurable outcomes, as determined by the commissioner. County social
service agencies and Tribal social service agency initiative projects must not use funds
received under this paragraph to supplant current state or local funding received for child
protection services for children and families who are affected by addiction.

(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in
the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042, unless otherwise appropriated by the legislature.

(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service
agencies and Tribal social service agency initiative projects under paragraph (m) and grant
funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)
may be distributed on a calendar year basis.

(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

Sec. 12.

new text begin [256B.0761] REENTRY DEMONSTRATION WAIVER.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner must submit a waiver application to
the Centers for Medicare and Medicaid Services to implement a medical assistance
demonstration project to provide health care and coordination services that bridge to
community-based services for individuals confined in state, local, or Tribal correctional
facilities, or facilities located outside of the seven-county metropolitan area that have an
inmate census with a significant proportion of Tribal members or American Indians, prior
to community reentry. The demonstration must be designed to:
new text end

new text begin (1) increase continuity of coverage;
new text end

new text begin (2) improve access to health care services, including mental health services, physical
health services, and substance use disorder treatment services;
new text end

new text begin (3) enhance coordination between Medicaid systems, health and human services systems,
correctional systems, and community-based providers;
new text end

new text begin (4) reduce overdoses and deaths following release;
new text end

new text begin (5) decrease disparities in overdoses and deaths following release; and
new text end

new text begin (6) maximize health and overall community reentry outcomes.
new text end

new text begin Subd. 2. new text end

new text begin Eligible individuals. new text end

new text begin Notwithstanding section 256B.055, subdivision 14,
individuals are eligible to receive services under this demonstration if they are eligible under
section 256B.055, subdivision 3a, 6, 7, 7a, 9, 15, 16, or 17, as determined by the
commissioner in collaboration with correctional facilities, local governments, and Tribal
governments.
new text end

new text begin Subd. 3. new text end

new text begin Eligible correctional facilities. new text end

new text begin (a) The commissioner's waiver application is
limited to:
new text end

new text begin (1) three state correctional facilities to be determined by the commissioner of corrections,
one of which must be the Minnesota Correctional Facility-Shakopee;
new text end

new text begin (2) two facilities for delinquent children and youth licensed under section 241.021,
subdivision 2, identified in coordination with the Minnesota Juvenile Detention Association
and the Minnesota Sheriffs' Association;
new text end

new text begin (3) four correctional facilities for adults licensed under section 241.021, subdivision 1,
identified in coordination with the Minnesota Sheriffs' Association and the Association of
Minnesota Counties; and
new text end

new text begin (4) one correctional facility owned and managed by a Tribal government or a facility
located outside of the seven-county metropolitan area that has an inmate census with a
significant proportion of Tribal members or American Indians.
new text end

new text begin (b) Additional facilities may be added to the waiver contingent on legislative authorization
and appropriations.
new text end

new text begin Subd. 4. new text end

new text begin Services and duration. new text end

new text begin (a) Services must be provided 90 days prior to an
individual's release date or, if an individual's confinement is less than 90 days, during the
time period between a medical assistance eligibility determination and the release to the
community.
new text end

new text begin (b) Facilities must offer the following services using either community-based or
corrections-based providers:
new text end

new text begin (1) case management activities to address physical and behavioral health needs, including
a comprehensive assessment of individual needs, development of a person-centered care
plan, referrals and other activities to address assessed needs, and monitoring and follow-up
activities;
new text end

new text begin (2) drug coverage in accordance with section 256B.0625, subdivision 13, including up
to a 30-day supply of drugs upon release;
new text end

new text begin (3) substance use disorder comprehensive assessments according section 254B.05,
subdivision 5, paragraph (b), clause (2);
new text end

new text begin (4) treatment coordination services according to section 254B.05, subdivision 5, paragraph
(b), clause (3);
new text end

new text begin (5) peer recovery support services according to sections 245I.04, subdivisions 18 and
19, and 254B.05, subdivision 5, paragraph (b), clause (4);
new text end

new text begin (6) substance use disorder individual and group counseling provided according to sections
245G.07, subdivision 1, paragraph (a), clause (1), and 254B.05;
new text end

new text begin (7) mental health diagnostic assessments as required under section 245I.10;
new text end

new text begin (8) group and individual psychotherapy as required under section 256B.0671;
new text end

new text begin (9) peer specialist services as required under sections 245I.04 and 256B.0615;
new text end

new text begin (10) family planning and obstetrics and gynecology services; and
new text end

new text begin (11) physical health well-being and screenings and care for adults and youth.
new text end

new text begin (c) Services outlined in this subdivision must only be authorized when an individual
demonstrates medical necessity or other eligibility as required under this chapter or applicable
state and federal laws.
new text end

new text begin Subd. 5. new text end

new text begin Provider requirements and standards. new text end

new text begin (a) Service providers must adhere to
applicable licensing and provider standards as required by federal guidance.
new text end

new text begin (b) Service providers must be enrolled to provide services under Minnesota health care
programs.
new text end

new text begin (c) Services must be provided by eligible providers employed by the correctional facility
or by eligible community providers under contract with the correctional facility.
new text end

new text begin (d) The commissioner must determine whether each facility is ready to participate in
this demonstration based on a facility-submitted assessment of the facility's readiness to
implement:
new text end

new text begin (1) prerelease medical assistance application and enrollment processes for inmates not
enrolled in medical assistance coverage;
new text end

new text begin (2) the provision or facilitation of all required prerelease services for a period of up to
90 days prior to release;
new text end

new text begin (3) coordination among county and Tribal human services agencies and all other entities
with a role in furnishing health care and supports to address health related social needs;
new text end

new text begin (4) appropriate reentry planning, prerelease care management, and assistance with care
transitions to the community;
new text end

new text begin (5) operational approaches to implementing certain Medicaid and CHIP requirements
including applications, suspensions, notices, fair hearings, and reasonable promptness for
coverage of services;
new text end

new text begin (6) a data exchange process to support care coordination and transition activities; and
new text end

new text begin (7) reporting of all requested data to the commissioner of human services to support
program monitoring, evaluation, oversight, and all financial data to meet reinvestment
requirements.
new text end

new text begin (e) Participating facilities must detail reinvestment plans for all new federal Medicaid
money expended for reentry services that were previously the responsibility of each facility
and provide detailed financial reports to the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Payment rates. new text end

new text begin (a) Payment rates for services under this section that are
approved under Minnesota's state plan agreement with the Centers for Medicare and Medicaid
Services are equal to current and applicable state law and federal requirements.
new text end

new text begin (b) Case management payment rates are equal to rates authorized by the commissioner
for relocation targeted case management under section 256B.0621, subdivision 10.
new text end

new text begin (c) Claims for covered drugs purchased through discount purchasing programs, such as
the Federal Supply Schedule of the United States General Services Administration or the
MMCAP Infuse program, must be no more than the actual acquisition cost plus the
professional dispensing fee in section 256B.0625, subdivision 13e. Drugs administered to
members must be billed on a professional claim in accordance with section 256B.0625,
subdivision 13e, paragraph (e), and submitted with the actual acquisition cost for the drug
on the claim line. Pharmacy claims must be submitted with the actual acquisition cost as
the ingredient cost field and the dispensing fee in section 256B.0625, subdivision 13e, as
the dispensing fee field on the claim with the basis of cost indicator of 08. Providers may
establish written protocols for establishing or calculating the facility's actual acquisition
drug cost based on a monthly, quarterly, or other average of the facility's actual acquisition
drug cost through the discount purchasing program. A written protocol must not include an
inflation, markup, spread, or margin to be added to the provider's actual purchase price after
subtracting all discounts.
new text end

new text begin Subd. 7. new text end

new text begin Reentry services working group. new text end

new text begin (a) The commissioner of human services,
in collaboration with the commissioner of corrections, must convene a reentry services
working group to consider ways to improve the demonstration under this section and related
policies for justice-involved individuals.
new text end

new text begin (b) The working group must be composed of balanced representation, including:
new text end

new text begin (1) people with lived experience; and
new text end

new text begin (2) representatives from:
new text end

new text begin (i) community health care providers;
new text end

new text begin (ii) the Minnesota Sheriffs' Association;
new text end

new text begin (iii) the Minnesota Association for County Social Service Administrators;
new text end

new text begin (iv) the Association of Minnesota Counties;
new text end

new text begin (v) the Minnesota Juvenile Detention Association;
new text end

new text begin (vi) the Office of Addiction and Recovery;
new text end

new text begin (vii) NAMI Minnesota;
new text end

new text begin (viii) the Minnesota Association of Resources for Recovery and Chemical Health;
new text end

new text begin (ix) Tribal Nations; and
new text end

new text begin (x) the Minnesota Alliance of Recovery Community Organizations.
new text end

new text begin (c) The working group must:
new text end

new text begin (1) advise on the waiver application, implementation, monitoring, evaluation, and
reinvestment plans;
new text end

new text begin (2) recommend strategies to improve processes that ensure notifications of the individual's
release date, current location, postrelease location, and other relevant information are
provided to state, county, and Tribal eligibility systems and managed care organizations;
new text end

new text begin (3) consider the value of expanding, replicating, or adapting the components of the
demonstration authorized under this section to additional populations;
new text end

new text begin (4) consider information technology and other implementation needs for participating
correctional facilities; and
new text end

new text begin (5) recommend ideas to fund expanded reentry services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later, except subdivision 7 is effective July 1, 2024. The commissioner of
human services must notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 13.

Minnesota Statutes 2022, section 256B.69, subdivision 4, is amended to read:

Subd. 4.

Limitation of choice.

(a) The commissioner shall develop criteria to determine
when limitation of choice may be implemented in the experimental counties. The criteria
shall ensure that all eligible individuals in the county have continuing access to the full
range of medical assistance services as specified in subdivision 6.

(b) The commissioner shall exempt the following persons from participation in the
project, in addition to those who do not meet the criteria for limitation of choice:

(1) persons eligible for medical assistance according to section 256B.055, subdivision
1;

(2) persons eligible for medical assistance due to blindness or disability as determined
by the Social Security Administration or the state medical review team, unless:

(i) they are 65 years of age or older; or

(ii) they reside in Itasca County or they reside in a county in which the commissioner
conducts a pilot project under a waiver granted pursuant to section 1115 of the Social
Security Act;

(3) recipients who currently have private coverage through a health maintenance
organization;

(4) recipients who are eligible for medical assistance by spending down excess income
for medical expenses other than the nursing facility per diem expense;

(5) recipients who receive benefits under the Refugee Assistance Program, established
under United States Code, title 8, section 1522(e);

(6) children who are both determined to be severely emotionally disturbed and receiving
case management services according to section 256B.0625, subdivision 20, except children
who are eligible for and who decline enrollment in an approved preferred integrated network
under section 245.4682;

(7) adults who are both determined to be seriously and persistently mentally ill and
received case management services according to section 256B.0625, subdivision 20;

(8) persons eligible for medical assistance according to section 256B.057, subdivision
10;

(9) persons with access to cost-effective employer-sponsored private health insurance
or persons enrolled in a non-Medicare individual health plan determined to be cost-effective
according to section 256B.0625, subdivision 15; deleted text begin and
deleted text end

(10) persons who are absent from the state for more than 30 consecutive days but still
deemed a resident of Minnesota, identified in accordance with section 256B.056, subdivision
1, paragraph (b) deleted text begin . deleted text end new text begin ; and
new text end

new text begin (11) persons who are enrolled in the reentry demonstration waiver under section
256B.0761.
new text end

Children under age 21 who are in foster placement may enroll in the project on an elective
basis. Individuals excluded under clauses (1), (6), and (7) may choose to enroll on an elective
basis. The commissioner may enroll recipients in the prepaid medical assistance program
for seniors who are (1) age 65 and over, and (2) eligible for medical assistance by spending
down excess income.

(c) The commissioner may allow persons with a one-month spenddown who are otherwise
eligible to enroll to voluntarily enroll or remain enrolled, if they elect to prepay their monthly
spenddown to the state.

(d) The commissioner may require those individuals to enroll in the prepaid medical
assistance program who otherwise would have been excluded under paragraph (b), clauses
(1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.

(e) Before limitation of choice is implemented, eligible individuals shall be notified and
after notification, shall be allowed to choose only among demonstration providers. The
commissioner may assign an individual with private coverage through a health maintenance
organization, to the same health maintenance organization for medical assistance coverage,
if the health maintenance organization is under contract for medical assistance in the
individual's county of residence. After initially choosing a provider, the recipient is allowed
to change that choice only at specified times as allowed by the commissioner. If a
demonstration provider ends participation in the project for any reason, a recipient enrolled
with that provider must select a new provider but may change providers without cause once
more within the first 60 days after enrollment with the second provider.

(f) An infant born to a woman who is eligible for and receiving medical assistance and
who is enrolled in the prepaid medical assistance program shall be retroactively enrolled to
the month of birth in the same managed care plan as the mother once the child is enrolled
in medical assistance unless the child is determined to be excluded from enrollment in a
prepaid plan under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services must notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 14.

Minnesota Statutes 2022, section 604A.04, subdivision 3, is amended to read:

Subd. 3.

Health care professionals; release from liability.

new text begin (a) new text end A licensed health care
professional who is permitted by law to prescribe an opiate antagonist, if acting in good
faith, may directly or by standing order prescribe, dispense, distribute, or administer an
opiate antagonist to a person without being subject to civil liability or criminal prosecution
for the act. This immunity applies even when the opiate antagonist is eventually administered
in either or both of the following instances: (1) by someone other than the person to whom
it is prescribed; or (2) to someone other than the person to whom it is prescribed.

new text begin (b) A local unit of government, if acting in good faith, may distribute and administer an
opiate antagonist that is obtained pursuant to paragraph (a) without being subject to civil
liability or criminal prosecution for the act.
new text end

Sec. 15. new text begin DIRECTION TO OMBUDSMAN FOR MENTAL HEALTH AND
DEVELOPMENTAL DISABILITIES.
new text end

new text begin By September 30, 2025, the ombudsman for mental health and developmental disabilities
must provide a report to the governor and the chairs and ranking minority members of the
legislative committees with jurisdiction over human services that contains summary
information on complaints received regarding peer recovery support services provided by
a recovery community organization as defined in Minnesota Statutes, section 254B.01, and
any recommendations to the legislature to improve the quality of peer recovery support
services, recovery peer worker misclassification, and peer recovery support services billing
codes and procedures.
new text end

Sec. 16. new text begin PEER RECOVERY SUPPORT SERVICES AND RECOVERY
COMMUNITY ORGANIZATION WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin The commissioner of human services must
convene a working group to develop recommendations on:
new text end

new text begin (1) peer recovery support services billing rates and practices, including a billing model
for providing services to groups of up to four clients and groups larger than four clients at
one time;
new text end

new text begin (2) acceptable activities to bill for peer recovery services, including group activities and
transportation related to individual recovery plans;
new text end

new text begin (3) ways to address authorization for additional service hours and a review of the amount
of peer recovery support services clients may need;
new text end

new text begin (4) improving recovery peer supervision and reimbursement for the costs of providing
recovery peer supervision for provider organizations;
new text end

new text begin (5) certification or other regulation of recovery community organizations and recovery
peers; and
new text end

new text begin (6) policy and statutory changes to improve access to peer recovery support services
and increase oversight of provider organizations.
new text end

new text begin Subd. 2. new text end

new text begin Membership; meetings. new text end

new text begin (a) Members of the working group must include but
not be limited to:
new text end

new text begin (1) a representative of the Minnesota Alliance of Recovery Community Organizations;
new text end

new text begin (2) a representative of the Minnesota Association of Resources for Recovery and
Chemical Health;
new text end

new text begin (3) representatives from at least three recovery community organizations who are eligible
vendors of peer recovery support services under Minnesota Statutes, section 254B.05,
subdivision 1;
new text end

new text begin (4) at least two currently practicing recovery peers qualified under Minnesota Statutes,
section 245I.04, subdivision 18;
new text end

new text begin (5) at least two individuals currently providing supervision for recovery peers according
to Minnesota Statutes, section 245I.04, subdivision 19;
new text end

new text begin (6) the commissioner of human services or a designee;
new text end

new text begin (7) a representative of county social services agencies; and
new text end

new text begin (8) a representative of a Tribal social services agency.
new text end

new text begin (b) Members of the working group may include a representative of the Alliance for
Recovery Centered Organizations and a representative of the Council on Accreditation of
Peer Recovery Support Services.
new text end

new text begin (c) The commissioner of human services must make appointments to the working group
by October 1, 2024, and convene the first meeting of the working group by December 1,
2024.
new text end

new text begin (d) The commissioner of human services must provide administrative support and meeting
space for the working group. The working group may conduct meetings remotely.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The commissioner must complete and submit a report on the
recommendations in this section to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance on or before
August 1, 2025.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The working group expires upon submission of the report to the
legislature under subdivision 3.
new text end

Sec. 17. new text begin CAPACITY BUILDING AND IMPLEMENTATION GRANTS FOR THE
MEDICAL ASSISTANCE REENTRY DEMONSTRATION.
new text end

new text begin The commissioner of human services must establish capacity-building grants for eligible
local correctional facilities as they prepare to implement reentry demonstration services
under Minnesota Statutes, section 256B.0761. Allowable expenditures under this grant
include:
new text end

new text begin (1) developing, in coordination with incarcerated individuals and community members
with lived experience, processes and protocols listed under Minnesota Statutes, section
256B.0761, subdivision 5, paragraph (d);
new text end

new text begin (2) establishing or modifying information technology systems to support implementation
of the reentry demonstration waiver;
new text end

new text begin (3) personnel costs; and
new text end

new text begin (4) other expenses as determined by the commissioner.
new text end

Sec. 18. new text begin 1115 WAIVER FOR MEDICAL ASSISTANCE REENTRY
DEMONSTRATION.
new text end

new text begin The commissioner of human services must submit an application to the United States
Secretary of Health and Human Services to implement a medical assistance reentry
demonstration that covers services for incarcerated individuals as described under Minnesota
Statutes, section 256B.0761. Coverage of prerelease services is contingent on federal approval
of the demonstration and the required implementation and reinvestment plans.
new text end

Sec. 19. new text begin RESIDENTIAL SUBSTANCE USE DISORDER RATE INCREASE.
new text end

new text begin The commissioner of human services must increase rates for residential substance use
disorder services as authorized under Minnesota Statutes, section 254B.05, subdivision 5,
paragraph (a), by three percent for the 1115 demonstration base rates in effect as of January
1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services must notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 256.043, subdivision 4, 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 July 1, 2024.
new text end

ARTICLE 4

PRIORITY ADMISSIONS AND CIVIL COMMITMENT

Section 1.

Minnesota Statutes 2022, section 245I.23, subdivision 19a, is amended to read:

Subd. 19a.

Additional requirements for locked program facility.

(a) A license holder
that prohibits clients from leaving the facility by locking exit doors or other permissible
methods must meet the additional requirements of this subdivision.

(b) The license holder must meet all applicable building and fire codes to operate a
building with locked exit doors. The license holder must have the appropriate license from
the Department of Health, as determined by the Department of Health, for operating a
program with locked exit doors.

deleted text begin (c) The license holder's policies and procedures must clearly describe the types of court
orders that authorize the license holder to prohibit clients from leaving the facility.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end For each client present in the facility under a court order, the license holder must
maintain documentation of the court order new text begin for treatment new text end authorizing the license holder to
prohibit the client from leaving the facility.

deleted text begin (e) deleted text end new text begin (d) new text end Upon a client's admission to a locked program facility, the license holder must
document in the client file that the client was informed:

(1) that the client has the right to leave the facility according to the client's rights under
section 144.651, subdivision 21, deleted text begin if the client is not subject to a court order authorizing the
license holder to prohibit the client from leaving the facility; or deleted text end new text begin and that leaving the facility
against medical advice may result in legal consequences; and
new text end

(2) that the client deleted text begin cannot deleted text end new text begin may not be able to new text end leave the facility deleted text begin due to a court order
authorizing the license holder to prohibit the client from leaving the facility deleted text end new text begin as required
under chapter 253B new text end .

deleted text begin (f) deleted text end new text begin (e) new text end If deleted text begin the license holder prohibits deleted text end a client deleted text begin from leaving the facility deleted text end new text begin is prohibited from
leaving the facility under chapter 253B new text end , the client's treatment plan must reflect this restriction.

Sec. 2.

Minnesota Statutes 2022, section 246.129, as amended by Laws 2024, chapter 79,
article 1, section 9, is amended to read:

246.129 LEGISLATIVE APPROVAL REQUIRED.

If the closure of a state-operated facility is proposed, and the executive board and
respective bargaining units fail to arrive at a mutually agreed upon solution to transfer
affected state employees to other state jobs, the closure of the facility requires legislative
approval. deleted text begin This does not apply to state-operated enterprise services.
deleted text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 246.54, subdivision 1a, is amended
to read:

Subd. 1a.

Anoka-Metro Regional Treatment Center.

(a) A county's payment of the
cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
following schedule:

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
for the client; and

(3) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged.

(b) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
of the cost of care for days over 31 for clients who meet the criteria in paragraph (a), clause
(2), the county shall be responsible for paying the state only the remaining amount. The
county shall not be entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53.

(c) Between July 1, 2023, and deleted text begin June 30 deleted text end new text begin March 31 new text end , 2025, the county is not responsible
for the cost of care under paragraph (a), clause (3), for a person who is committed as a
person who has a mental illness and is dangerous to the public under section 253B.18 and
who is awaiting transfer to another state-operated facility or program. This paragraph expires
deleted text begin June 30 deleted text end new text begin March 31 new text end , 2025.

new text begin (d) Between April 1, 2025, and June 30, 2025, the county is not responsible for the cost
of care under paragraph (a), clause (3), for a person who is civilly committed, if the client
is awaiting transfer:
new text end

new text begin (1) to a facility operated by the Department of Corrections; or
new text end

new text begin (2) to another state-operated facility or program, and the Direct Care and Treatment
executive medical director's office or a designee has determined that:
new text end

new text begin (i) the client meets criteria for admission to that state-operated facility or program; and
new text end

new text begin (ii) the state-operated facility or program is the only facility or program that can
reasonably serve the client. This paragraph expires June 30, 2025.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 246.54, subdivision 1b, is amended
to read:

Subd. 1b.

Community behavioral health hospitals.

(a) A county's payment of the cost
of care provided at state-operated community-based behavioral health hospitals for adults
and children shall be according to the following schedule:

(1) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged; and

(2) the county shall not be entitled to reimbursement from the client, the client's estate,
or from the client's relatives, except as provided in section 246.53.

(b) Between July 1, 2023, and deleted text begin June 30 deleted text end new text begin March 31 new text end , 2025, the county is not responsible
for the cost of care under paragraph (a), clause (1), for a person committed as a person who
has a mental illness and is dangerous to the public under section 253B.18 and who is awaiting
transfer to another state-operated facility or program. This paragraph expires deleted text begin June 30 deleted text end new text begin March
31 new text end , 2025.

new text begin (c) Between April 1, 2025, and June 30, 2025, the county is not responsible for the cost
of care under paragraph (a), clause (1), for a person who is civilly committed, if the client
is awaiting transfer:
new text end

new text begin (1) to a facility operated by the Department of Corrections; or
new text end

new text begin (2) to another state-operated facility or program, and the Direct Care and Treatment
executive medical director's office or a designee has determined that:
new text end

new text begin (i) the client meets criteria for admission to that state-operated facility or program; and
new text end

new text begin (ii) the state-operated facility or program is the only facility or program that can
reasonably serve the client. This paragraph expires June 30, 2025.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 253B.10, subdivision 1, as amended
by Laws 2024, chapter 79, article 5, section 8, is amended to read:

Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility, state-operated treatment program, or community-based treatment
program. The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.

(b) The executive board shall prioritize new text begin civilly committed new text end patients being admitted from
jail or a correctional institution new text begin or new text end who are new text begin referred to a state-operated treatment facility for
competency attainment or a competency examination under sections 611.40 to 611.59 for
admission to a medically appropriate state-operated direct care and treatment bed based on
the decisions of physicians in the executive medical director's office, using a priority
admissions framework. The framework must account for a range of factors for priority
admission, including but not limited to new text end :

(1) deleted text begin ordered confined in a state-operated treatment program for an examination under
Minnesota Rules of Criminal Procedure, deleted text end deleted text begin rules 20.01, subdivision 4 deleted text end deleted text begin , paragraph (a), and
deleted text end deleted text begin 20.02, subdivision 2 deleted text end new text begin the length of time the person has been on a waiting list for admission
to a state-operated direct care and treatment program since the date of the order under
paragraph (a), or the date of an order issued under sections 611.40 to 611.59 new text end ;

(2) deleted text begin under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, deleted text end deleted text begin rule 20.01, subdivision 7 deleted text end new text begin the intensity of the
treatment the person needs, based on medical acuity new text end ;

(3) deleted text begin found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, deleted text end deleted text begin rule 20.02, subdivision 8 deleted text end deleted text begin , and under civil commitment or are ordered to be
detained in a state-operated treatment program pending completion of the civil commitment
proceedings; or deleted text end new text begin the person's revoked provisional discharge status;
new text end

(4) deleted text begin committed under this chapter to the executive board after dismissal of the patient's
criminal charges. deleted text end new text begin the person's safety and safety of others in the person's current environment;
new text end

new text begin (5) whether the person has access to necessary or court-ordered treatment;
new text end

new text begin (6) distinct and articulable negative impacts of an admission delay on the facility referring
the individual for treatment; and
new text end

new text begin (7) any relevant federal prioritization requirements.
new text end

Patients described in this paragraph must be admitted to a state-operated treatment program
within 48 hours. The commitment must be ordered by the court as provided in section
253B.09, subdivision 1, paragraph (d). new text begin Patients committed to a secure treatment facility or
less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2,
must be prioritized for admission to a state-operated treatment program using the priority
admissions framework in this paragraph.
new text end

(c) Upon the arrival of a patient at the designated treatment facility, state-operated
treatment program, or community-based treatment program, the head of the facility or
program shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the control and
custody of the head of the facility or program.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the court examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility or program to which
the patient is committed. Upon a patient's referral to the executive board for admission
pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
correctional facility that has provided care or supervision to the patient in the previous two
years shall, when requested by the treatment facility or commissioner, provide copies of
the patient's medical and behavioral records to the executive board for purposes of
preadmission planning. This information shall be provided by the head of the treatment
facility to treatment facility staff in a consistent and timely manner and pursuant to all
applicable laws.

(e) Patients described in paragraph (b) must be admitted to a state-operated treatment
program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
or a designee determining that a medically appropriate bed is available. This paragraph
expires on June 30, 2025.

new text begin (f) Within four business days of determining which state-operated direct care and
treatment program or programs are appropriate for an individual, the executive medical
director's office or a designee must notify the source of the referral and the responsible
county human services agency, the individual being ordered to direct care and treatment,
and the district court that issued the order of the determination. The notice shall include
which program or programs are appropriate for the person's priority status. Any interested
person may provide additional information or request updated priority status about the
individual to the executive medical director's office or a designee while the individual is
awaiting admission. Updated priority status of an individual will only be disclosed to
interested persons who are legally authorized to receive private information about the
individual. When an available bed has been identified, the executive medical director's
office or a designee must notify the designated agency and the facility where the individual
is awaiting admission that the individual has been accepted for admission to a particular
state-operated direct care and treatment program and the earliest possible date the admission
can occur. The designated agency or facility where the individual is awaiting admission
must transport the individual to the admitting state-operated direct care and treatment
program no more than 48 hours after the offered admission date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 256B.0622, subdivision 8, is amended
to read:

Subd. 8.

Medical assistance payment for assertive community treatment and
intensive residential treatment services.

(a) Payment for intensive residential treatment
services and assertive community treatment in this section shall be based on one daily rate
per provider inclusive of the following services received by an eligible client in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.

(b) Except as indicated in paragraph deleted text begin (c) deleted text end new text begin (d) new text end , payment will not be made to more than one
entity for each client for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.

new text begin (c) Payment must not be made based solely on a court order to participate in intensive
residential treatment services. If a client has a court order to participate in the program or
to obtain assessment for treatment and follow treatment recommendations, payment under
this section must only be provided if the client is eligible for the service and the service is
determined to be medically necessary.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall determine one rate for each provider that will bill medical
assistance for residential services under this section and one rate for each assertive community
treatment provider. If a single entity provides both services, one rate is established for the
entity's residential services and another rate for the entity's nonresidential services under
this section. A provider is not eligible for payment under this section without authorization
from the commissioner. The commissioner shall develop rates using the following criteria:

(1) the provider's cost for services shall include direct services costs, other program
costs, and other costs determined as follows:

(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;

(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that provide
similar services;

(iii) physical plant costs calculated based on the percentage of space within the program
that is entirely devoted to treatment and programming. This does not include administrative
or residential space;

(iv) assertive community treatment physical plant costs must be reimbursed as part of
the costs described in item (ii); and

(v) subject to federal approval, up to an additional five percent of the total rate may be
added to the program rate as a quality incentive based upon the entity meeting performance
criteria specified by the commissioner;

(2) actual cost is defined as costs which are allowable, allocable, and reasonable, and
consistent with federal reimbursement requirements under Code of Federal Regulations,
title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
Budget Circular Number A-122, relating to nonprofit entities;

(3) the number of service units;

(4) the degree to which clients will receive services other than services under this section;
and

(5) the costs of other services that will be separately reimbursed.

deleted text begin (d) deleted text end new text begin (e) new text end The rate for intensive residential treatment services and assertive community
treatment must exclude the medical assistance room and board rate, as defined in section
256B.056, subdivision 5d, and services not covered under this section, such as partial
hospitalization, home care, and inpatient services.

deleted text begin (e) deleted text end new text begin (f) new text end Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice, is a member of the intensive residential treatment services
treatment team. Physician services, whether billed separately or included in the rate, may
be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
is used to provide intensive residential treatment services.

deleted text begin (f) deleted text end new text begin (g) new text end When services under this section are provided by an assertive community treatment
provider, case management functions must be an integral part of the team.

deleted text begin (g) deleted text end new text begin (h) new text end The rate for a provider must not exceed the rate charged by that provider for the
same service to other payors.

deleted text begin (h) deleted text end new text begin (i) new text end The rates for existing programs must be established prospectively based upon the
expenditures and utilization over a prior 12-month period using the criteria established in
paragraph deleted text begin (c) deleted text end new text begin (d) new text end . The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph deleted text begin (c) deleted text end new text begin (d) new text end .

deleted text begin (i) deleted text end new text begin (j) new text end Effective for the rate years beginning on and after January 1, 2024, rates for
assertive community treatment, adult residential crisis stabilization services, and intensive
residential treatment services must be annually adjusted for inflation using the Centers for
Medicare and Medicaid Services Medicare Economic Index, as forecasted in the fourth
quarter of the calendar year before the rate year. The inflation adjustment must be based on
the 12-month period from the midpoint of the previous rate year to the midpoint of the rate
year for which the rate is being determined.

deleted text begin (j) deleted text end new text begin (k) new text end Entities who discontinue providing services must be subject to a settle-up process
whereby actual costs and reimbursement for the previous 12 months are compared. In the
event that the entity was paid more than the entity's actual costs plus any applicable
performance-related funding due the provider, the excess payment must be reimbursed to
the department. If a provider's revenue is less than actual allowed costs due to lower
utilization than projected, the commissioner may reimburse the provider to recover its actual
allowable costs. The resulting adjustments by the commissioner must be proportional to the
percent of total units of service reimbursed by the commissioner and must reflect a difference
of greater than five percent.

deleted text begin (k) deleted text end new text begin (l) new text end A provider may request of the commissioner a review of any rate-setting decision
made under this subdivision.

Sec. 7. new text begin PRIORITY ADMISSIONS REVIEW PANEL.
new text end

new text begin (a) A panel appointed by the commissioner of human services, consisting of all members
who served on the Task Force on Priority Admissions to State-Operated Treatment Programs
under Laws 2023, chapter 61, article 8, section 13, subdivision 2, and one member who has
an active role as a union representative representing staff at Direct Care and Treatment
appointed by joint representatives of the American Federation of State, County and Municipal
Employees (AFSCME); Minnesota Association of Professional Employees (MAPE);
Minnesota Nurses Association (MNA); Middle Management Association (MMA); and State
Residential Schools Education Association (SRSEA) must:
new text end

new text begin (1) evaluate the 48-hour timeline for priority admissions required under Minnesota
Statutes, section 253B.10, subdivision 1, paragraph (b), and develop policy and legislative
proposals related to the priority admissions timeline in order to minimize litigation costs,
maximize capacity in and access to state-operated treatment programs, and address issues
related to individuals awaiting admission to state-operated treatment programs in jails and
correctional institutions; and
new text end

new text begin (2) by February 1, 2025, submit a written report to the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety and human
services that includes legislative proposals to amend Minnesota Statutes, section 253B.10,
subdivision 1, paragraph (b), to modify the 48-hour priority admissions timeline.
new text end

new text begin (b) The panel appointed under paragraph (a) must also advise the commissioner on the
effectiveness of the framework and priority admissions generally and review de-identified
data quarterly for one year following the implementation of the priority admissions
framework to ensure that the framework is implemented and applied equitably. If the panel
requests to review data that are classified as private or confidential and the commissioner
determines that the data requested are necessary for the scope of the panel's review, the
commissioner is authorized to disclose private or confidential data to the panel under this
paragraph and pursuant to Minnesota Statutes, section 13.05, subdivision 4, paragraph (b),
for private or confidential data collected prior to the effective date of this section.
new text end

new text begin (c) After the panel completes one year of review, a quality committee established by the
Direct Care and Treatment executive board must continue to review data; seek input from
counties, hospitals, community providers, and advocates; and provide a routine report to
the executive board on the effectiveness of the framework and priority admissions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 8. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
REIMBURSEMENT TO BELTRAMI COUNTY AND TODD COUNTY FOR
CERTAIN COST OF CARE PAYMENTS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes 2021 Supplement, section 246.54, subdivisions
1a and 1b; Minnesota Statutes 2022, section 246.54, subdivisions 1a and 1b; or any other
law to the contrary, the commissioner of human services must not sanction or otherwise
seek payment from Beltrami County for outstanding debts for the cost of care provided
between July 1, 2022, and June 30, 2023, under:
new text end

new text begin (1) Minnesota Statutes, section 246.54, subdivision 1a, paragraph (a), clause (3), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from Anoka-Metro
Regional Treatment Center to another state-operated facility or program; or
new text end

new text begin (2) Minnesota Statutes, section 246.54, subdivision 1b, paragraph (a), clause (1), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from a state-operated
community-based behavioral health hospital to another state-operated facility or program.
new text end

new text begin (b) Notwithstanding Minnesota Statutes 2021 Supplement, section 246.54, subdivision
1a; Minnesota Statutes 2022, section 246.54, subdivision 1a; or any other law to the contrary,
the commissioner of human services must not sanction or otherwise seek payment from
Todd County for outstanding debts for the cost of care provided in Anoka-Metro Regional
Treatment Center from August 22, 2023, to February 3, 2024, not to exceed $387,000.
new text end

new text begin (c) The commissioner must reimburse Beltrami County and Todd County with state-only
money any amount previously paid to the state or otherwise recovered by the commissioner
from Beltrami County or Todd County for the cost of care identified in paragraphs (a) and
(b).
new text end

new text begin (d) Nothing in this section prohibits the commissioner from seeking reimbursement from
Beltrami County for the cost of care provided in Anoka-Metro Regional Treatment Center
or a state-operated community-based behavioral health hospital for care not described in
paragraph (a).
new text end

new text begin (e) Nothing in this section prohibits the commissioner of human services from seeking
reimbursement from Todd County for the cost of care provided in Anoka-Metro Regional
Treatment Center or by any state-operated facility or program in excess of the amount
specified in paragraph (b).
new text end

new text begin (f) Notwithstanding any law to the contrary, the client is not responsible for payment of
the cost of care under this section.
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. 9. new text begin MENTALLY ILL AND DANGEROUS CIVIL COMMITMENT REFORM
TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Mentally Ill and Dangerous Civil
Commitment Reform Task Force is established to evaluate current statutes related to mentally
ill and dangerous civil commitments and develop recommendations to optimize the use of
state-operated mental health resources and increase equitable access and outcomes for
patients.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Mentally Ill and Dangerous Civil Commitment Reform
Task Force consists of the members appointed as follows:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) two members representing the Department of Direct Care and Treatment who have
experience with mentally ill and dangerous civil commitments, appointed by the
commissioner of human services;
new text end

new text begin (3) the ombudsman for mental health and developmental disabilities;
new text end

new text begin (4) a judge with experience presiding over mentally ill and dangerous civil commitments,
appointed by the state court administrator;
new text end

new text begin (5) a court examiner with experience participating in mentally ill and dangerous civil
commitments, appointed by the state court administrator;
new text end

new text begin (6) a member of the Special Review Board, appointed by the state court administrator;
new text end

new text begin (7) a county representative, appointed by the Association of Minnesota Counties;
new text end

new text begin (8) a representative appointed by the Minnesota Association of County Social Service
Administrators;
new text end

new text begin (9) a county attorney with experience participating in mentally ill and dangerous civil
commitments, appointed by the Minnesota County Attorneys Association;
new text end

new text begin (10) an attorney with experience representing respondents in mentally ill and dangerous
civil commitments, appointed by the governor;
new text end

new text begin (11) a member appointed by the Minnesota Association of Community Mental Health
Programs;
new text end

new text begin (12) a member appointed by the National Alliance on Mental Illness Minnesota;
new text end

new text begin (13) a licensed independent practitioner with experience treating individuals subject to
a mentally ill and dangerous civil commitment;
new text end

new text begin (14) an individual with lived experience under civil commitment as mentally ill and
dangerous and who is on a provisional discharge or has been discharged from commitment;
new text end

new text begin (15) a family member of an individual with lived experience under civil commitment
as mentally ill and dangerous and who is on a provisional discharge or has been discharged
from commitment;
new text end

new text begin (16) at least one Tribal government representative; and
new text end

new text begin (17) a member appointed by the Minnesota Disability Law Center.
new text end

new text begin (b) A member of the legislature may not serve as a member of the task force.
new text end

new text begin (c) Appointments to the task force must be made no later than July 30, 2024.
new text end

new text begin Subd. 3. new text end

new text begin Compensation; removal; vacancy. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 15.059, subdivision 6, members of the task force may be compensated as provided
under Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin (b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority. In the case of a vacancy on the task force, the appointing authority
shall appoint an individual to fill the vacancy for the remainder of the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The commissioner of human services shall convene
the first meeting of the task force no later than September 1, 2024.
new text end

new text begin (b) The task force must elect a chair and vice-chair from among its members and may
elect other officers as necessary.
new text end

new text begin (c) The task force is subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The commissioner of human services must provide staff assistance to
support the work of the task force.
new text end

new text begin Subd. 6. new text end

new text begin Data usage and privacy. new text end

new text begin Any data provided by executive agencies as part of
the work and report of the task force are subject to the requirements of Minnesota Statutes,
chapter 13, and all other applicable data privacy laws.
new text end

new text begin Subd. 7. new text end

new text begin Duties. new text end

new text begin The task force must:
new text end

new text begin (1) analyze current trends in mentally ill and dangerous civil commitments, including
but not limited to the length of stay for individuals committed in Minnesota as compared
to other jurisdictions;
new text end

new text begin (2) review national practices and criteria for civil commitment of individuals who have
a mental illness and represent a danger to the public;
new text end

new text begin (3) develop recommended statutory changes necessary to provide services to the high
number of mentally ill and dangerous civilly committed individuals;
new text end

new text begin (4) develop funding and statutory recommendations for alternatives to the current mentally
ill and dangerous civil commitment process;
new text end

new text begin (5) identify what types of placements and services are necessary to serve individuals
civilly committed as mentally ill and dangerous in the community;
new text end

new text begin (6) make recommendations to reduce barriers to discharge from the forensic mental
health program for individuals civilly committed as mentally ill and dangerous;
new text end

new text begin (7) develop recommended plain language statutory changes to clarify operational
definitions for terms used within Minnesota Statutes, section 253B.18;
new text end

new text begin (8) develop recommended statutory changes to provide clear direction to the
commissioner of human services and facilities to which individuals are civilly committed
to address situations in which an individual is committed as mentally ill and dangerous and
is later determined to not have an organic disorder of the brain or a substantial psychiatric
disorder of thought, mood, perception, orientation, or memory; and
new text end

new text begin (9) evaluate and make statutory and funding recommendations for the voluntary return
of individuals civilly committed as mentally ill and dangerous to community facilities.
new text end

new text begin Subd. 8. new text end

new text begin Report required. new text end

new text begin By August 1, 2025, the task force shall submit to the chairs
and ranking minority members of the legislative committees with jurisdiction over mentally
ill and dangerous civil commitments a written report that includes the outcome of the duties
in subdivision 7, including but not limited to recommended statutory changes.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin The task force expires January 1, 2026.
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. 10.

new text begin ENGAGEMENT SERVICES PILOT GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The engagement services pilot grant program is established
in the Department of Human Services to provide grants to counties or certified community
behavioral health clinics under section 245.735 that have a letter of support from a county
to provide engagement services under section 253B.041. The commissioner of human
services must award one grant under this section to Otter Tail County. Engagement services
must provide culturally responsive early interventions to prevent an individual from meeting
the criteria for civil commitment and promote positive outcomes.
new text end

new text begin Subd. 2. new text end

new text begin Allowable grant activities. new text end

new text begin (a) Grantees must use grant money to:
new text end

new text begin (1) develop a system to respond to requests for engagement services;
new text end

new text begin (2) provide the following engagement services, taking into account an individual's
preferences for treatment services and supports:
new text end

new text begin (i) assertive attempts to engage an individual in voluntary treatment for mental illness
for at least 90 days;
new text end

new text begin (ii) efforts to engage an individual's existing support systems and interested persons,
including but not limited to providing education on restricting means of harm and suicide
prevention, when the provider determines that such engagement would be helpful; and
new text end

new text begin (iii) collaboration with the individual to meet the individual's immediate needs, including
but not limited to housing access, food and income assistance, disability verification,
medication management, and medical treatment;
new text end

new text begin (3) conduct outreach to families and providers; and
new text end

new text begin (4) evaluate the impact of engagement services on decreasing civil commitments,
increasing engagement in treatment, decreasing police involvement with individuals
exhibiting symptoms of serious mental illness, and other measures.
new text end

new text begin (b) Grantees must seek reimbursement for all activities and provided services eligible
for medical assistance.
new text end

new text begin (c) Engagement services staff must have completed training on person-centered care.
Staff may include but are not limited to mobile crisis providers under Minnesota Statutes,
section 256B.0624; certified peer specialists under Minnesota Statutes, section 256B.0615;
community-based treatment programs staff; and homeless outreach workers.
new text end

Sec. 11. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; LIMITED
EXCEPTION FOR ADMISSION FROM HOSPITAL SETTINGS.
new text end

new text begin The commissioner of human services must immediately approve an exception to add
up to ten patients who have been civilly committed and are in hospital settings to the waiting
list for admission to medically appropriate direct care and treatment beds under Minnesota
Statutes, section 253B.10, subdivision 1, paragraph (b). This section expires upon the
commissioner's approval of the exception for ten patients who have been civilly committed
and are awaiting admission.
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. 12. new text begin COUNTY CORRECTIONAL FACILITY LONG-ACTING INJECTABLE
ANTIPSYCHOTIC MEDICATION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin The commissioner of human services must establish a
pilot program that provides payments to counties to support county correctional facilities
in administering long-acting injectable antipsychotic medications to prisoners for mental
health treatment.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin Counties may submit requests for reimbursement for costs incurred
pursuant to subdivision 3 on an application form specified by the commissioner. Requests
for reimbursement for the cost of a long-acting injectable antipsychotic medication must
be accompanied by the correctional facility's invoice for the long-acting injectable
antipsychotic medication. The commissioner must issue an application to each county board
at least once per calendar quarter until money for the pilot program is expended.
new text end

new text begin Subd. 3. new text end

new text begin Pilot program payments; allowable uses. new text end

new text begin Counties must use payments received
under this section for reimbursement of costs incurred during the most recent calendar
quarter for:
new text end

new text begin (1) long-acting injectable antipsychotic medications for prisoners in county correctional
facilities; and
new text end

new text begin (2) health care costs related to the administration of long-acting injectable antipsychotic
medications for prisoners in correctional facilities.
new text end

new text begin Subd. 4. new text end

new text begin Pilot program payment allocation. new text end

new text begin (a) The commissioner may allocate up to
one quarter of the total appropriation for the pilot program each quarter. If the amount of
money for eligible requests received exceeds the amount of money available in the quarter,
the commissioner shall determine an equitable allocation of payments among the applicants.
new text end

new text begin (b) The commissioner may review costs and set a reasonable cap on the reimbursement
amount for medications and treatment.
new text end

new text begin (c) The commissioner's determination of payment amounts and allocation methods is
final and not subject to appeal.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By December 15, 2025, the commissioner must provide a summary
report on the pilot program to the chairs and ranking minority members of the legislative
committees with jurisdiction over mental health and county correctional facilities.
new text end

Sec. 13. new text begin REPORT ON INPATIENT SUBSTANCE USE DISORDER BEDS.
new text end

new text begin By January 15, 2025, the Direct Care and Treatment executive board must submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over human services finance and policy with options for increasing inpatient
substance use disorder beds operated by the executive board. One option must include the
development of an inpatient substance use disorder program operated by the executive board
within 35 miles of the existing CARE-St. Peter facility.
new text end

ARTICLE 5

DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2023 Supplement, section 10.65, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given:

(1) "agency" means the Department of Administration; Department of Agriculture;
Department of Children, Youth, and Families; Department of Commerce; Department of
Corrections; Department of Education; Department of Employment and Economic
Development; Department of Health; Office of Higher Education; Housing Finance Agency;
Department of Human Rights; Department of Human Services; Department of Information
Technology Services; Department of Iron Range Resources and Rehabilitation; Department
of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services;
Department of Military Affairs; Metropolitan Council; Department of Natural Resources;
Pollution Control Agency; Department of Public Safety; Department of Revenue; Department
of Transportation; Department of Veterans Affairs; new text begin Direct Care and Treatment; new text end Gambling
Control Board; Racing Commission; the Minnesota Lottery; the Animal Health Board; and
the Board of Water and Soil Resources;

(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal
governments in the development of policy on matters that have Tribal implications.
Consultation is the proactive, affirmative process of identifying and seeking input from
appropriate Tribal governments and considering their interest as a necessary and integral
part of the decision-making process. This definition adds to statutorily mandated notification
procedures. During a consultation, the burden is on the agency to show that it has made a
good faith effort to elicit feedback. Consultation is a formal engagement between agency
officials and the governing body or bodies of an individual Minnesota Tribal government
that the agency or an individual Tribal government may initiate. Formal meetings or
communication between top agency officials and the governing body of a Minnesota Tribal
government is a necessary element of consultation;

(3) "matters that have Tribal implications" means rules, legislative proposals, policy
statements, or other actions that have substantial direct effects on one or more Minnesota
Tribal governments, or on the distribution of power and responsibilities between the state
and Minnesota Tribal governments;

(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
and Upper Sioux Community; and

(5) "timely and meaningful" means done or occurring at a favorable or useful time that
allows the result of consultation to be included in the agency's decision-making process for
a matter that has Tribal implications.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 13.46, subdivision 1, as amended by Laws 2024,
chapter 79, article 9, section 1, and Laws 2024, chapter 80, article 8, section 1, is amended
to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including but not limited to Native
American Tribe programs that provide a service component of the welfare system, the
Minnesota family investment program, medical assistance, general assistance, general
assistance medical care formerly codified in chapter 256D, the child care assistance program,
and child support collections.

(c) "Welfare system" includes the Department of Human Services; deleted text begin the Department of deleted text end
Direct Care and Treatment; the Department of Children, Youth, and Families; local social
services agencies; county welfare agencies; county public health agencies; county veteran
services agencies; county housing agencies; private licensing agencies; the public authority
responsible for child support enforcement; human services boards; community mental health
center boards, state hospitals, state nursing homes, the ombudsman for mental health and
developmental disabilities; Native American Tribes to the extent a Tribe provides a service
component of the welfare system; and persons, agencies, institutions, organizations, and
other entities under contract to any of the above agencies to the extent specified in the
contract.

(d) "Mental health data" means data on individual clients and patients of community
mental health centers, established under section 245.62, mental health divisions of counties
and other providers under contract to deliver mental health services, deleted text begin Department of deleted text end Direct
Care and Treatment mental health services, or the ombudsman for mental health and
developmental disabilities.

(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of children,
youth, and families under chapter 142B to perform the duties under section 142B.30.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, as amended
by Laws 2024, chapter 80, article 8, section 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs, and prepare the databases
for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section
6. The following information may be disclosed under this paragraph: an individual's and
their dependent's names, dates of birth, Social Security or individual taxpayer identification
numbers, income, addresses, and other data as required, upon request by the Department
of Revenue. Disclosures by the commissioner of revenue to the commissioner of human
services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;

(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; new text begin Direct Care and
Treatment; new text end and, when applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, medical programs under chapter
256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 119B may disseminate data on program participants,
applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 13.46, subdivision 10, as amended by Laws 2024,
chapter 79, article 9, section 2, is amended to read:

Subd. 10.

Responsible authority.

(a) Notwithstanding any other provision of this chapter
to the contrary, the responsible authority for each component of the welfare system listed
in subdivision 1, clause (c), shall be as follows:

(1) the responsible authority for the Department of Human Services is the commissioner
of human services;

(2) the responsible authority of a county welfare agency is the director of the county
welfare agency;

(3) the responsible authority for a local social services agency, human services board,
or community mental health center board is the chair of the board;

(4) the responsible authority of any person, agency, institution, organization, or other
entity under contract to any of the components of the welfare system listed in subdivision
1, clause (c), is the person specified in the contract;

(5) the responsible authority of the public authority for child support enforcement is the
head of the public authority for child support enforcement;

(6) the responsible authority for county veteran services is the county veterans service
officer pursuant to section 197.603, subdivision 2; and

(7) the responsible authority for deleted text begin the Department of deleted text end Direct Care and Treatment is the
new text begin chief executive officer of new text end Direct Care and Treatment deleted text begin executive board deleted text end .

(b) A responsible authority shall allow another responsible authority in the welfare
system access to data classified as not public data when access is necessary for the
administration and management of programs, or as authorized or required by statute or
federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Children,
Youth, and Families; the Department of Commerce; the Department of Corrections; deleted text begin the
Department of Direct Care and Treatment; deleted text end the Department of Education; the Department
of Employment and Economic Development; the Department of Health; the Department of
Human Rights; the Department of Human Services; the Department of Information
Technology Services; the Department of Iron Range Resources and Rehabilitation; the
Department of Labor and Industry; the Department of Management and Budget; the
Department of Military Affairs; the Department of Natural Resources; the Department of
Public Safety; the Department of Revenue; the Department of Transportation; the Department
of Veterans Affairs; and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 15.06, subdivision 1, as amended
by Laws 2024, chapter 85, section 6, is amended to read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration; Agriculture; Children, Youth, and Families;
Commerce; Corrections; deleted text begin Direct Care and Treatment; deleted text end Education; Employment and Economic
Development; Health; Human Rights; Human Services; Iron Range Resources and
Rehabilitation; Labor and Industry; Management and Budget; Natural Resources; Public
Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Department of Information Technology Services; the Bureau of
Mediation Services; and their successor departments and agencies. The heads of the foregoing
departments or agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024t.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 15A.0815, subdivision 2, is amended
to read:

Subd. 2.

Agency head salaries.

The salary for a position listed in this subdivision shall
be determined by the Compensation Council under section 15A.082. The commissioner of
management and budget must publish the salaries on the department's website. This
subdivision applies to the following positions:

Commissioner of administration;

Commissioner of agriculture;

Commissioner of education;

Commissioner of children, youth, and families;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Minnesota IT Services;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation;

Commissioner of veterans affairs;

Executive director of the Gambling Control Board;

Executive director of the Minnesota State Lottery;

Commissioner of Iron Range resources and rehabilitation;

Commissioner, Bureau of Mediation Services;

Ombudsman for mental health and developmental disabilities;

Ombudsperson for corrections;

Chair, Metropolitan Council;

Chair, Metropolitan Airports Commission;

School trust lands director;

Executive director of pari-mutuel racing; deleted text begin and
deleted text end

Commissioner, Public Utilities Commission new text begin ; and
new text end

new text begin Chief Executive Officer, Direct Care and Treatment new text end .

Sec. 8.

Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 1, is amended
to read:

Subdivision 1.

Creation.

A Compensation Council is created each odd-numbered year
to establish the compensation of constitutional officers and the heads of state and metropolitan
agencies identified in section 15A.0815, deleted text begin and deleted text end to assist the legislature in establishing the
compensation of justices of the supreme court and judges of the court of appeals and district
court new text begin , and to determine the daily compensation for voting members of the Direct Care and
Treatment executive board new text end .

Sec. 9.

Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 3, is amended
to read:

Subd. 3.

Submission of recommendations and determination.

(a) By April 1 in each
odd-numbered year, the Compensation Council shall submit to the speaker of the house and
the president of the senate salary recommendations for justices of the supreme court, and
judges of the court of appeals and district court. The recommended salaries take effect on
July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council recommends thereafter, unless the legislature by law provides otherwise. The
salary recommendations take effect if an appropriation of money to pay the recommended
salaries is enacted after the recommendations are submitted and before their effective date.
Recommendations may be expressly modified or rejected.

(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan agency heads
identified in section 15A.0815. The prescribed salary for each office must take effect July
1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides otherwise. An
appropriation by the legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
provided in the Minnesota Constitution, article V, sections 4 and 5.

new text begin (c) By April 1 in each odd-numbered year, the Compensation Council must prescribe
daily compensation for voting members of the Direct Care and Treatment executive board.
The recommended daily compensation takes effect on July 1 of that year and July 1 of the
subsequent even-numbered year and at whatever interval the council recommends thereafter,
unless the legislature by law provides otherwise.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 15A.082, subdivision 7, is amended
to read:

Subd. 7.

No ex parte communications.

Members may not have any communication
with a constitutional officer, a head of a state agency, deleted text begin or deleted text end new text begin a new text end member of the judiciary new text begin , or a
member of the Direct Care and Treatment executive board new text end during the period after the first
meeting is convened under this section and the date the prescribed and recommended salaries new text begin
and daily compensation new text end are submitted under subdivision 3.

Sec. 11.

Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1, is amended
to read:

Subdivision 1.

Unclassified positions.

Unclassified positions are held by employees
who are:

(1) chosen by election or appointed to fill an elective office;

(2) heads of agencies required by law to be appointed by the governor or other elective
officers, and the executive or administrative heads of departments, bureaus, divisions, and
institutions specifically established by law in the unclassified service;

(3) deputy and assistant agency heads and one confidential secretary in the agencies
listed in subdivision 1a;

(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;

(5) intermittent help employed by the commissioner of public safety to assist in the
issuance of vehicle licenses;

(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;

(7) employees of the Washington, D.C., office of the state of Minnesota;

(8) employees of the legislature and of legislative committees or commissions; provided
that employees of the Legislative Audit Commission, except for the legislative auditor, the
deputy legislative auditors, and their confidential secretaries, shall be employees in the
classified service;

(9) presidents, vice-presidents, deans, other managers and professionals in academic
and academic support programs, administrative or service faculty, teachers, research
assistants, and student employees eligible under terms of the federal Economic Opportunity
Act work study program in the Perpich Center for Arts Education and the Minnesota State
Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any
professional or managerial employee performing duties in connection with the business
administration of these institutions;

(10) officers and enlisted persons in the National Guard;

(11) attorneys, legal assistants, and three confidential employees appointed by the attorney
general or employed with the attorney general's authorization;

(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor and
Industry;

(13) members of the State Patrol; provided that selection and appointment of State Patrol
troopers must be made in accordance with applicable laws governing the classified service;

(14) examination monitors and intermittent training instructors employed by the
Departments of Management and Budget and Commerce and by professional examining
boards and intermittent staff employed by the technical colleges for the administration of
practical skills tests and for the staging of instructional demonstrations;

(15) student workers;

(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;

(17) employees unclassified pursuant to other statutory authority;

(18) intermittent help employed by the commissioner of agriculture to perform duties
relating to pesticides, fertilizer, and seed regulation;

(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and

(20) new text begin the new text end chief executive deleted text begin officers in the Department of Human Services deleted text end new text begin officer of Direct
Care and Treatment new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;
Corrections; deleted text begin Direct Care and Treatment; deleted text end Education; Employment and Economic
Development; Explore Minnesota Tourism; Management and Budget; Health; Human
Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue;
Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
Department of Information Technology Services; the Offices of the Attorney General,
Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the
Minnesota Office of Higher Education; the Perpich Center for Arts Education; new text begin Direct Care
and Treatment; new text end and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 13.

Minnesota Statutes 2022, section 145.61, subdivision 5, is amended to read:

Subd. 5.

Review organization.

"Review organization" means a nonprofit organization
acting according to clause (l), a committee as defined under section 144E.32, subdivision
2, or a committee whose membership is limited to professionals, administrative staff, and
consumer directors, except where otherwise provided for by state or federal law, and which
is established by one or more of the following: a hospital, a clinic, a nursing home, an
ambulance service or first responder service regulated under chapter 144E, one or more
state or local associations of professionals, an organization of professionals from a particular
area or medical institution, a health maintenance organization as defined in chapter 62D, a
community integrated service network as defined in chapter 62N, a nonprofit health service
plan corporation as defined in chapter 62C, a preferred provider organization, a professional
standards review organization established pursuant to United States Code, title 42, section
1320c-1 et seq., a medical review agent established to meet the requirements of section
256B.04, subdivision 15, the Department of Human Services, new text begin Direct Care and Treatment,
new text end or a nonprofit corporation that owns, operates, or is established by one or more of the above
referenced entities, to gather and review information relating to the care and treatment of
patients for the purposes of:

(a) evaluating and improving the quality of health care;

(b) reducing morbidity or mortality;

(c) obtaining and disseminating statistics and information relative to the treatment and
prevention of diseases, illness and injuries;

(d) developing and publishing guidelines showing the norms of health care in the area
or medical institution or in the entity or organization that established the review organization;

(e) developing and publishing guidelines designed to keep within reasonable bounds the
cost of health care;

(f) developing and publishing guidelines designed to improve the safety of care provided
to individuals;

(g) reviewing the safety, quality, or cost of health care services provided to enrollees of
health maintenance organizations, community integrated service networks, health service
plans, preferred provider organizations, and insurance companies;

(h) acting as a professional standards review organization pursuant to United States
Code, title 42, section 1320c-1 et seq.;

(i) determining whether a professional shall be granted staff privileges in a medical
institution, membership in a state or local association of professionals, or participating status
in a nonprofit health service plan corporation, health maintenance organization, community
integrated service network, preferred provider organization, or insurance company, or
whether a professional's staff privileges, membership, or participation status should be
limited, suspended or revoked;

(j) reviewing, ruling on, or advising on controversies, disputes or questions between:

(1) health insurance carriers, nonprofit health service plan corporations, health
maintenance organizations, community integrated service networks, self-insurers and their
insureds, subscribers, enrollees, or other covered persons;

(2) professional licensing boards and health providers licensed by them;

(3) professionals and their patients concerning diagnosis, treatment or care, or the charges
or fees therefor;

(4) professionals and health insurance carriers, nonprofit health service plan corporations,
health maintenance organizations, community integrated service networks, or self-insurers
concerning a charge or fee for health care services provided to an insured, subscriber,
enrollee, or other covered person;

(5) professionals or their patients and the federal, state, or local government, or agencies
thereof;

(k) providing underwriting assistance in connection with professional liability insurance
coverage applied for or obtained by dentists, or providing assistance to underwriters in
evaluating claims against dentists;

(l) acting as a medical review agent under section 256B.04, subdivision 15;

(m) providing recommendations on the medical necessity of a health service, or the
relevant prevailing community standard for a health service;

(n) providing quality assurance as required by United States Code, title 42, sections
1396r(b)(1)(b) and 1395i-3(b)(1)(b) of the Social Security Act;

(o) providing information to group purchasers of health care services when that
information was originally generated within the review organization for a purpose specified
by this subdivision;

(p) providing information to other, affiliated or nonaffiliated review organizations, when
that information was originally generated within the review organization for a purpose
specified by this subdivision, and as long as that information will further the purposes of a
review organization as specified by this subdivision; or

(q) participating in a standardized incident reporting system, including Internet-based
applications, to share information for the purpose of identifying and analyzing trends in
medical error and iatrogenic injury.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2022, section 246.018, subdivision 3, as amended by Laws
2024, chapter 79, article 1, section 6, is amended to read:

Subd. 3.

Duties.

The executive medical director shall:

(1) oversee the clinical provision of inpatient mental health services provided in the
state's regional treatment centers;

(2) recruit and retain psychiatrists to serve on the direct care and treatment medical staff
established in subdivision 4;

(3) consult with the executive board, new text begin the chief executive officer, and new text end community mental
health center directors deleted text begin , and the state-operated services governing body deleted text end to develop standards
for treatment and care of patients in state-operated service programs;

(4) develop and oversee a continuing education program for members of the medical
staff; and

(5) participate and cooperate in the development and maintenance of a quality assurance
program for state-operated services that assures that residents receive continuous quality
inpatient, outpatient, and postdischarge care.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 246.13, subdivision 2, as amended by Laws
2024, chapter 79, article 2, section 4, is amended to read:

Subd. 2.

Definitions; risk assessment and management.

(a) As used in this section:

(1) "appropriate and necessary medical and other records" includes patient medical
records and other protected health information as defined by Code of Federal Regulations,
title 45, section 164.501, relating to a patient in a state-operated services facility including
but not limited to the patient's treatment plan and abuse prevention plan pertinent to the
patient's ongoing care, treatment, or placement in a community-based treatment facility or
a health care facility that is not operated by state-operated services, including information
describing the level of risk posed by a patient when the patient enters the facility;

(2) "community-based treatment" means the community support services listed in section
253B.02, subdivision 4b;

(3) "criminal history data" means data maintained or used by the Departments of
Corrections and Public Safety and by the supervisory authorities listed in section 13.84,
subdivision 1, that relate to an individual's criminal history or propensity for violence,
including data in the:

(i) Corrections Offender Management System (COMS);

(ii) Statewide Supervision System (S3);

(iii) Bureau of Criminal Apprehension criminal history data as defined in section 13.87;

(iv) Integrated Search Service as defined in section 13.873; and

(v) Predatory Offender Registration (POR) system;

(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;

(5) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;

(6) "predatory offender" and "offender" mean a person who is required to register as a
predatory offender under section 243.166; and

(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.

(b) new text begin To promote public safety and for the purposes and subject to the requirements of
this paragraph, new text end the executive board or the executive board's designee shall have access to,
and may review and disclose, medical and criminal history data as provided by this section,
as necessary to comply with Minnesota Rules, part 1205.0400, to:

(1) determine whether a patient is required under state law to register as a predatory
offender according to section 243.166;

(2) facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment
facilities;

(3) prepare, amend, or revise the abuse prevention plans required under section 626.557,
subdivision 14, and individual patient treatment plans required under section 253B.03,
subdivision 7;

(4) facilitate the custody, supervision, and transport of individuals transferred between
the Department of Corrections and deleted text begin the Department of deleted text end Direct Care and Treatment; and

(5) effectively monitor and supervise individuals who are under the authority of the
Department of Corrections, deleted text begin the Department of deleted text end Direct Care and Treatment, and the supervisory
authorities listed in section 13.84, subdivision 1.

(c) The state-operated services treatment facility or a designee must make a good faith
effort to obtain written authorization from the patient before releasing information from the
patient's medical record.

(d) If the patient refuses or is unable to give informed consent to authorize the release
of information required under this subdivision, the chief executive officer deleted text begin for state-operated
services deleted text end or a designee shall provide the appropriate and necessary medical and other records.
The chief executive officer or a designee shall comply with the minimum necessary privacy
requirements.

(e) The executive board may have access to the National Crime Information Center
(NCIC) database through the Department of Public Safety in support of the public safety
functions described in paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 16.

Minnesota Statutes 2022, section 246.234, as amended by Laws 2024, chapter
79, article 1, section 11, is amended to read:

246.234 RECIPROCAL EXCHANGE OF CERTAIN PERSONS.

The executive board is deleted text begin hereby deleted text end authorized with the approval of the governor to enter into
reciprocal agreements with duly authorized authorities of deleted text begin any other deleted text end new text begin another new text end state or states
regarding the mutual exchange, return, and transportation of persons with a mental illness
or developmental disability who are within the confines of one state but have legal residence
or legal settlement for the purposes of relief in another state. deleted text begin Such agreements deleted text end new text begin Any agreement
entered into under this subdivision new text end must not contain deleted text begin provisions conflicting deleted text end new text begin any provision
that conflicts new text end with any deleted text begin law of this deleted text end state new text begin law new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 17.

Minnesota Statutes 2022, section 246.36, as amended by Laws 2024, chapter 79,
article 1, section 14, is amended to read:

246.36 ACCEPTANCE OF VOLUNTARY, UNCOMPENSATED SERVICES.

For the purpose of carrying out a duty, the executive board deleted text begin shall have authority to deleted text end new text begin may new text end
accept uncompensated and voluntary services and deleted text begin to deleted text end new text begin may new text end enter into contracts or agreements
with private or public agencies, organizations, or persons for uncompensated and voluntary
services as the executive board deems practicable. Uncompensated and voluntary services
do not include services mandated by licensure and certification requirements for health care
facilities. The volunteer agencies, organizations, or persons who provide services to residents
of state facilities operated under the authority of the executive board are not subject to the
procurement requirements of chapters 16A and 16C. deleted text begin The agencies, organizations, or persons
may purchase supplies, services, and equipment to be used in providing services to residents
of state facilities through the Department of Administration.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 18.

Minnesota Statutes 2023 Supplement, section 246C.01, is amended to read:

246C.01 TITLE.

This chapter may be cited as the " deleted text begin Department of deleted text end Direct Care and Treatment Act."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 246C.02, as amended by Laws
2024, chapter 79, article 1, section 19, is amended to read:

246C.02 deleted text begin DEPARTMENT OF deleted text end DIRECT CARE AND TREATMENT;
ESTABLISHMENT.

Subdivision 1.

Establishment.

deleted text begin The Department of deleted text end Direct Care and Treatment is created new text begin
as an agency headed by an executive board new text end . deleted text begin An executive board shall head the Department
of Direct Care and Treatment.
deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Mission. deleted text end

deleted text begin (a) The executive board shall develop and maintain direct care and
treatment in a manner consistent with applicable law, including chapters deleted text end deleted text begin 13 deleted text end deleted text begin , deleted text end deleted text begin 245 deleted text end deleted text begin , deleted text end deleted text begin 246 deleted text end deleted text begin , deleted text end deleted text begin 246B deleted text end deleted text begin ,
deleted text end deleted text begin 252 deleted text end deleted text begin , deleted text end deleted text begin 253 deleted text end deleted text begin , deleted text end deleted text begin 253B deleted text end deleted text begin , deleted text end deleted text begin 253C deleted text end deleted text begin , deleted text end deleted text begin 253D deleted text end deleted text begin , deleted text end deleted text begin 254A deleted text end deleted text begin , deleted text end deleted text begin 254B deleted text end deleted text begin , and deleted text end deleted text begin 256 deleted text end deleted text begin .
deleted text end

deleted text begin (b) The executive board shall provide direct care and treatment services in coordination
with the commissioner of human services, counties, and other vendors.
deleted text end

Subd. 3.

Direct care and treatment services.

Direct Care and Treatment deleted text begin services deleted text end shall
new text begin provide direct care and treatment services that new text end include specialized inpatient programs at
secure treatment facilities, community preparation services, regional treatment centers,
enterprise services, consultative services, aftercare services, community-based services and
programs, transition services, nursing home services, and other services consistent with deleted text begin the
mission of the Department of Direct Care and Treatment deleted text end new text begin state law, including this chapter
and chapters 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256. Direct
Care and Treatment shall provide direct care and treatment services in coordination with
the commissioner of human services, counties, and other vendors new text end .

Subd. 4.

Statewide services.

(a) The administrative structure of state-operated services
must be statewide in character.

(b) The state-operated services staff may deliver services at any location throughout the
state.

Subd. 5.

Department of Human Services as state agency.

The commissioner of human
services continues to constitute the "state agency" as defined by the Social Security Act of
the United States and the laws of this state for all purposes relating to mental health and
mental hygiene.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 246C.04, as amended by Laws
2024, chapter 79, article 1, section 21, is amended to read:

246C.04 TRANSFER OF DUTIES.

Subdivision 1.

Transfer of duties.

(a) Section 15.039 applies to the transfer of deleted text begin duties deleted text end new text begin
responsibilities from the Department of Human Services to Direct Care and Treatment new text end
required by this chapter.

(b) The commissioner of administration, with the governor's approval, shall issue
reorganization orders under section 16B.37 as necessary to carry out the transfer of duties
required by deleted text begin section 246C.03 deleted text end new text begin this chapter new text end . The provision of section 16B.37, subdivision 1,
stating that transfers under section 16B.37 may only be to an agency that has existed for at
least one year does not apply to transfers to an agency created by this chapter.

deleted text begin (c) The initial salary for the health systems chief executive officer of the Department of
Direct Care and Treatment is the same as the salary for the health systems chief executive
officer of direct care and treatment at the Department of Human Services immediately before
July 1, 2024.
deleted text end

Subd. 2.

Transfer of custody of civilly committed persons.

new text begin The commissioner of
human services shall continue to exercise all authority and responsibility for and retain
custody of persons subject to civil commitment under chapter 253B or 253D until July 1,
2025. Effective July 1, 2025, new text end custody of persons subject to civil commitment under chapter
253B or 253D and in the custody of the commissioner of human services new text begin as of that date new text end is
hereby transferred to the executive board without any further act or proceeding. Authority
and responsibility for the commitment of such persons is transferred to the executive board new text begin
July 1, 2025 new text end .

Subd. 3.

Control of direct care and treatment.

new text begin The commissioner of human services
shall continue to exercise all authorities and responsibilities under this chapter and chapters
13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to
any state-operated service, program, or facility subject to transfer under this act until July
1, 2025. new text end new text begin Effective July 1, 2025, new text end the powers and duties vested in or imposed upon the
commissioner of human services with reference to any state-operated service, program, or
facility are hereby transferred to, vested in, and imposed upon the executive board according
to this chapter new text begin and applicable state law new text end . new text begin Effective July 1, 2025, new text end the executive board deleted text begin is hereby
charged with and deleted text end has the exclusive power of administration and management of all state
hospitals for persons with a developmental disability, mental illness, or substance use
disorder. new text begin Effective July 1, 2025, new text end the executive board has the power and authority to determine
all matters relating to the development of all of the foregoing institutions and of such other
institutions vested in the executive board. new text begin Effective July 1, 2025, new text end the powers, functions, and
authority vested in the commissioner of human services relative to such state institutions
are deleted text begin hereby deleted text end transferred to the executive board according to this chapter new text begin and applicable state
law new text end .

Subd. 4.

Appropriations.

There is hereby appropriated to such persons or institutions
as are entitled to such sums as are provided for in this section, from the fund or account in
the state treasury to which the money was credited, an amount sufficient to make such
payment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 246C.05, as amended by Laws
2024, chapter 79, article 1, section 22, is amended to read:

246C.05 EMPLOYEE PROTECTIONS FOR ESTABLISHING deleted text begin THE NEW
DEPARTMENT OF deleted text end DIRECT CARE AND TREATMENT.

(a) Personnel whose duties relate to the functions assigned to the executive board in
deleted text begin section 246C.03 deleted text end new text begin this chapter new text end are transferred to deleted text begin the Department of deleted text end Direct Care and Treatment
effective 30 days after approval by the commissioner of management and budget.

(b) Before the executive board is appointed, personnel whose duties relate to the functions
in this deleted text begin section deleted text end new text begin chapter new text end may be transferred beginning July 1, 2024, with 30 days' notice from
the commissioner of management and budget.

(c) The following protections shall apply to employees who are transferred from the
Department of Human Services to deleted text begin the Department of deleted text end Direct Care and Treatment:

(1) No transferred employee shall have their employment status and job classification
altered as a result of the transfer.

(2) Transferred employees who were represented by an exclusive representative prior
to the transfer shall continue to be represented by the same exclusive representative after
the transfer.

(3) The applicable collective bargaining agreements with exclusive representatives shall
continue in full force and effect for such transferred employees after the transfer.

(4) The state shall have the obligation to meet and negotiate with the exclusive
representatives of the transferred employees about any proposed changes affecting or relating
to the transferred employees' terms and conditions of employment to the extent such changes
are not addressed in the applicable collective bargaining agreement.

(5) When an employee in a temporary unclassified position is transferred to deleted text begin the
Department of deleted text end Direct Care and Treatment, the total length of time that the employee has
served in the appointment shall include all time served in the appointment at the transferring
agency and the time served in the appointment at deleted text begin the Department of deleted text end Direct Care and
Treatment. An employee in a temporary unclassified position who was hired by a transferring
agency through an open competitive selection process in accordance with a policy enacted
by Minnesota Management and Budget shall be considered to have been hired through such
process after the transfer.

(6) In the event that the state transfers ownership or control of any of the facilities,
services, or operations of deleted text begin the Department of deleted text end Direct Care and Treatment to another entity,
whether private or public, by subcontracting, sale, assignment, lease, or other transfer, the
state shall require as a written condition of such transfer of ownership or control the following
provisions:

(i) Employees who perform work in transferred facilities, services, or operations must
be offered employment with the entity acquiring ownership or control before the entity
offers employment to any individual who was not employed by the transferring agency at
the time of the transfer.

(ii) The wage and benefit standards of such transferred employees must not be reduced
by the entity acquiring ownership or control through the expiration of the collective
bargaining agreement in effect at the time of the transfer or for a period of two years after
the transfer, whichever is longer.

(d) There is no liability on the part of, and no cause of action arises against, the state of
Minnesota or its officers or agents for any action or inaction of any entity acquiring ownership
or control of any facilities, services, or operations of deleted text begin the Department of deleted text end Direct Care and
Treatment.

(e) This section expires upon the completion of the transfer of duties to the executive
board under deleted text begin section 246C.03 deleted text end new text begin this chapter new text end . The commissioner of human services shall notify
the revisor of statutes when the transfer of duties is complete.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 22.

new text begin [246C.07] POWERS AND DUTIES OF EXECUTIVE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) The executive board must operate the agency according
to this chapter and applicable state and federal law. The overall management and control
of the agency is vested in the executive board in accordance with this chapter.
new text end

new text begin (b) The executive board must appoint a chief executive officer according to section
246C.08. The chief executive officer is responsible for the administrative and operational
duties of Direct Care and Treatment in accordance with this chapter.
new text end

new text begin (c) The executive board may delegate duties imposed by this chapter and under applicable
state and federal law as deemed appropriate by the board and in accordance with this chapter.
Any delegation of a specified statutory duty or power to an employee of Direct Care and
Treatment other than the chief executive officer must be made by written order and filed
with the secretary of state. Only the chief executive officer shall have the powers and duties
of the executive board as specified in section 246C.08.
new text end

new text begin Subd. 2. new text end

new text begin Principles. new text end

new text begin The executive board, in undertaking its duties and responsibilities
and within Direct Care and Treatment resources, shall act according to the following
principles:
new text end

new text begin (1) prevent the waste or unnecessary spending of public money;
new text end

new text begin (2) use innovative fiscal and human resource practices to manage the state's resources
and operate the agency as efficiently as possible;
new text end

new text begin (3) coordinate Direct Care and Treatment activities wherever appropriate with the
activities of other governmental agencies;
new text end

new text begin (4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government; and
new text end

new text begin (5) utilize constructive and cooperative labor management practices to the extent
otherwise required by chapter 43A or 179A.
new text end

new text begin Subd. 3. new text end

new text begin Powers and duties. new text end

new text begin (a) The executive board has the power and duty to:
new text end

new text begin (1) set the overall strategic direction for Direct Care and Treatment, ensuring that Direct
Care and Treatment delivers exceptional care and supports the well-being of all individuals
served by Direct Care and Treatment;
new text end

new text begin (2) establish policies and procedures to govern the operation of the facilities, programs,
and services under the direct authority of Direct Care and Treatment;
new text end

new text begin (3) employ personnel and delegate duties and responsibilities to personnel as deemed
appropriate by the executive board, subject to chapters 43A and 179A and in accordance
with this chapter;
new text end

new text begin (4) review and approve the operating budget proposal for Direct Care and Treatment;
new text end

new text begin (5) accept and use gifts, grants, or contributions from any nonstate source or refuse to
accept any gift, grant, or contribution if acceptance would not be in the best interest of the
state;
new text end

new text begin (6) deposit all money received as gifts, grants, or contributions pursuant to section
246C.091, subdivision 1;
new text end

new text begin (7) expend or use any gift, grant, or contribution as nearly in accordance with the
conditions of the gift, grant, or contribution identified by the donor for a certain institution
or purpose, compatible with the best interests of the individuals under the jurisdiction of
the executive board and of the state;
new text end

new text begin (8) comply with all conditions and requirements necessary to receive federal aid or block
grants with respect to the establishment, construction, maintenance, equipment, or operation
of adequate facilities and services consistent with the mission of Direct Care and Treatment;
new text end

new text begin (9) enter into information-sharing agreements with federal and state agencies and other
entities, provided the agreements include adequate protections with respect to the
confidentiality and integrity of the information to be shared and comply with all applicable
state and federal laws, regulations, and rules;
new text end

new text begin (10) enter into interagency or service level agreements with a state department listed in
section 15.01; a multimember state agency described in section 15.012, paragraph (a); or
the Department of Information Technology Services;
new text end

new text begin (11) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota;
new text end

new text begin (12) enter into contracts with public and private agencies, private and nonprofit
organizations, and individuals using appropriated money;
new text end

new text begin (13) establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all programs or divisions of Direct
Care and Treatment;
new text end

new text begin (14) authorize the method of payment to or from Direct Care and Treatment as part of
programs administered by Direct Care and Treatment, including authorization of the receipt
or disbursement of money held by Direct Care and Treatment in a fiduciary capacity as part
of the programs administered by Direct Care and Treatment;
new text end

new text begin (15) inform Tribal Nations and county agencies, on a timely basis, of changes in statute,
rule, federal law, regulation, and policy necessary to Tribal or county agency administration
of Direct Care and Treatment programs and services;
new text end

new text begin (16) report to the legislature on the performance of Direct Care and Treatment operations
and the accomplishment of Direct Care and Treatment goals in its biennial budget in
accordance with section 16A.10, subdivision 1;
new text end

new text begin (17) recommend to the legislature appropriate changes in law necessary to carry out the
principles and improve the performance of Direct Care and Treatment; and
new text end

new text begin (18) exercise all powers reasonably necessary to implement and administer the
requirements of this chapter and applicable state and federal law.
new text end

new text begin (b) The specific enumeration of powers and duties as set forth in this section shall not
be construed as a limitation upon the general transfer of Direct Care and Treatment facilities,
programs, and services from the Department of Human Services to Direct Care and Treatment
under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Creation of bylaws. new text end

new text begin The board may establish bylaws governing its operations
and the operations of Direct Care and Treatment in accordance with this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Performance of chief executive officer. new text end

new text begin The governor may request that the
executive board review the performance of the chief executive officer at any time. Within
14 days of receipt of the request, the board must meet and conduct a performance review
as specifically requested by the governor. During the performance review, a representative
of the governor must be included as a voting member of the board for the purpose of the
board's discussions and decisions regarding the governor's request. The board must establish
a performance improvement plan as necessary or take disciplinary or other corrective action,
including dismissal. The executive board must report to the governor on action taken by
the board, including an explanation if no action is deemed necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 23.

new text begin [246C.08] CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Service. new text end

new text begin (a) The Direct Care and Treatment chief executive officer is
appointed by the executive board, in consultation with the governor, and serves at the
pleasure of the executive board, with the advice and consent of the senate.
new text end

new text begin (b) The chief executive officer shall serve in the unclassified service in accordance with
section 43A.08. The Compensation Council under section 15A.082 shall establish the salary
of the chief executive officer.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties. new text end

new text begin (a) The chief executive officer's primary duty is to assist
the executive board. The chief executive officer is responsible for the administrative and
operational management of the agency.
new text end

new text begin (b) The chief executive officer shall have all the powers of the executive board unless
the executive board directs otherwise. The chief executive officer shall have the authority
to speak for the executive board and Direct Care and Treatment within and outside the
agency.
new text end

new text begin (c) In the event that a vacancy occurs for any reason within the chief executive officer
position, the executive medical director appointed under section 246.018 shall immediately
become the temporary chief executive officer until the executive board appoints a new chief
executive officer. During this period, the executive medical director shall have all the powers
and authority delegated to the chief executive officer by the board and specified in this
chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 24.

new text begin [246C.091] DIRECT CARE AND TREATMENT ACCOUNTS.
new text end

new text begin Subdivision 1. new text end

new text begin Gifts, grants, and contributions account. new text end

new text begin (a) A gifts, grants, and
contributions account is created in the special revenue fund in the state treasury. All money
received by the executive board as a gift, grant, or contribution must be deposited in the
gifts, grants, and contributions account. Beginning July 1, 2025, except as provided in
paragraph (b), money in the account is annually appropriated to the Direct Care and
Treatment executive board to accomplish the purposes of this chapter. Gifts, grants, or
contributions received by the executive board exceeding current agency needs must be
invested by the State Board of Investment in accordance with section 11A.24. Disbursements
from the gifts, grants, and contributions account must be made in the manner provided for
the issuance of other state payments.
new text end

new text begin (b) If the gift or contribution is designated for a certain person, institution, or purpose,
the Direct Care and Treatment executive board must use the gift or contribution as specified
in accordance with the conditions of the gift or contribution if compatible with the best
interests of the person and the state. If a gift or contribution is accepted for the use and
benefit of a person with a developmental disability, including those within a state hospital,
research relating to persons with a developmental disability must be considered an appropriate
use of the gift or contribution. Such money must not be used for any structures or installations
which by their nature would require state expenditures for their operation or maintenance
without specific legislative enactment.
new text end

new text begin Subd. 2. new text end

new text begin Facilities management account. new text end

new text begin A facilities management account is created
in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the
account is appropriated to the Direct Care and Treatment executive board and may be used
to maintain buildings, acquire facilities, renovate existing buildings, or acquire land for the
design and construction of buildings for Direct Care and Treatment use. Money received
for maintaining state property under control of the executive board may be deposited into
this account.
new text end

new text begin Subd. 3. new text end

new text begin Direct Care and Treatment systems account. new text end

new text begin (a) The Direct Care and
Treatment systems account is created in the special revenue fund of the state treasury.
Beginning July 1, 2025, money in the account is appropriated to the Direct Care and
Treatment executive board and may be used for security systems and information technology
projects, services, and support under the control of the executive board.
new text end

new text begin (b) The commissioner of human services shall transfer all money allocated to the Direct
Care and Treatment systems projects under section 256.014 to the Direct Care and Treatment
systems account by June 30, 2026.
new text end

new text begin Subd. 4. new text end

new text begin Cemetery maintenance account. new text end

new text begin The cemetery maintenance account is created
in the special revenue fund of the state treasury. Money in the account is appropriated to
the executive board for the maintenance of cemeteries under control of the executive board.
Money allocated to Direct Care and Treatment cemeteries may be transferred to this account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 25.

Minnesota Statutes 2022, section 256.88, is amended to read:

256.88 SOCIAL WELFARE FUND ESTABLISHED.

Except as otherwise expressly provided, all moneys and funds held by the commissioner
of human services new text begin , the Direct Care and Treatment executive board, new text end and the local social
services agencies of the several counties in trust or for the benefit of children with a disability
and children who are dependent, neglected, or delinquent, children born to mothers who
were not married to the children's fathers at the times of the conception nor at the births of
the children, persons determined to have developmental disability, mental illness, or substance
use disorder, or other wards or beneficiaries, under any law, shall be kept in a single fund
to be known as the "social welfare fund" which shall be deposited at interest, held, or
disbursed as provided in sections 256.89 to 256.92.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 26.

Minnesota Statutes 2022, section 256.89, is amended to read:

256.89 FUND DEPOSITED IN STATE TREASURY.

The social welfare fund and all accretions thereto shall be deposited in the state treasury,
as a separate and distinct fund, to the credit of the commissioner of human services new text begin and the
Direct Care and Treatment executive board new text end as deleted text begin trustee deleted text end new text begin trustees new text end for deleted text begin the deleted text end new text begin their respective new text end
beneficiaries deleted text begin thereof deleted text end in proportion to deleted text begin their deleted text end new text begin the beneficiaries' new text end several interests. The
commissioner of management and budget shall be responsible only to the commissioner of
human services new text begin and the Direct Care and Treatment executive board new text end for the sum total of the
fund, and shall have no duties nor direct obligations toward the beneficiaries thereof
individually. Subject to the new text begin applicable new text end rules of the commissioner of human services new text begin or the
Direct Care and Treatment executive board, new text end money so received by a local social services
agency may be deposited by the executive secretary of the local social services agency in
a local bank carrying federal deposit insurance, designated by the local social services
agency for this purpose. The amount of such deposit in each such bank at any one time shall
not exceed the amount protected by federal deposit insurance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 27.

Minnesota Statutes 2022, section 256.90, is amended to read:

256.90 SOCIAL WELFARE FUND; USE; DISPOSITION; DEPOSITORIES.

The commissioner of human services new text begin , in consultation with the Direct Care and Treatment
executive board, new text end at least 30 days before the first day of January and the first day of July in
each year shall file with the commissioner of management and budget an estimate of the
amount of the social welfare fund to be held in the treasury during the succeeding six-month
period, subject to current disbursement. Such portion of the remainder thereof as may be at
any time designated by the request of the commissioner of human services may be invested
by the commissioner of management and budget in bonds in which the permanent trust
funds of the state of Minnesota may be invested, upon approval by the State Board of
Investment. The portion of such remainder not so invested shall be placed by the
commissioner of management and budget at interest for the period of six months, or when
directed by the commissioner of human services, for the period of 12 months thereafter at
the highest rate of interest obtainable in a bank, or banks, designated by the board of deposit
as a suitable depository therefor. All the provisions of law relative to the designation and
qualification of depositories of other state funds shall be applicable to sections 256.88 to
256.92, except as herein otherwise provided. Any bond given, or collateral assigned or both,
to secure a deposit hereunder may be continuous in character to provide for the repayment
of any moneys belonging to the fund theretofore or thereafter at any time deposited in such
bank until its designation as such depository is revoked and the security thereof shall be not
impaired by any subsequent agreement or understanding as to the rate of interest to be paid
upon such deposit, or as to time for its repayment. The amount of money belonging to the
fund deposited in any bank, including other state deposits, shall not at any time exceed the
amount of the capital stock thereof. In the event of the closing of the bank any sum deposited
therein shall immediately become due and payable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 28.

Minnesota Statutes 2022, section 256.91, is amended to read:

256.91 PURPOSES.

From that part of the social welfare fund held in the state treasury subject to disbursement
as provided in section 256.90 the commissioner of human services new text begin or the Direct Care and
Treatment executive board new text end at any time may pay out such amounts as the commissioner new text begin or
executive board new text end deems proper for the support, maintenance, or other legal benefit of any of
the children with a disability and children who are dependent, neglected, or delinquent,
children born to mothers who were not married to the children's fathers at the times of the
conception nor at the births of the children, persons with developmental disability, substance
use disorder, or mental illness, or other wards or persons entitled thereto, not exceeding in
the aggregate to or for any person the principal amount previously received for the benefit
of the person, together with the increase in it from an equitable apportionment of interest
realized from the social welfare fund.

When any such person dies or is finally discharged from the guardianship, care, custody,
and control of the commissioner of human services new text begin or the Direct Care and Treatment
executive board new text end , the amount then remaining subject to use for the benefit of the person shall
be paid as soon as may be from the social welfare fund to the persons thereto entitled by
law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 29.

Minnesota Statutes 2022, section 256.92, is amended to read:

256.92 COMMISSIONER OF HUMAN SERVICES new text begin AND DIRECT CARE AND
TREATMENT new text end , ACCOUNTS.

It shall be the duty of the commissioner of human services new text begin , the Direct Care and Treatment
executive board, new text end and deleted text begin of deleted text end the local social services agencies of the several counties of this state
to cause to be deposited with the commissioner of management and budget all moneys and
funds in their possession or under their control and designated by section 256.91 as and for
the social welfare fund; and all such moneys and funds shall be so deposited in the state
treasury as soon as received. The commissioner of human services new text begin , in consultation with the
Direct Care and Treatment executive board, new text end shall keep books of account or other records
showing separately the principal amount received and deposited in the social welfare fund
for the benefit of any person, together with the name of such person, and the name and
address, if known to the commissioner of human services new text begin or the Direct Care and Treatment
executive board new text end , of the person from whom such money was received; and, at least once
every two years, the amount of interest, if any, which the money has earned in the social
welfare fund shall be apportioned thereto and posted in the books of account or records to
the credit of such beneficiary.

The provisions of sections 256.88 to 256.92 shall not apply to any fund or money now
or hereafter deposited or otherwise disposed of pursuant to the lawful orders, decrees,
judgments, or other directions of any district court having jurisdiction thereof.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 30.

Laws 2023, chapter 61, article 8, section 1, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective deleted text begin January deleted text end new text begin July new text end 1, deleted text begin 2025 deleted text end new text begin 2024 new text end .

Sec. 31.

Laws 2023, chapter 61, article 8, section 2, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective deleted text begin January deleted text end new text begin July new text end 1, deleted text begin 2025 deleted text end new text begin 2024 new text end .

Sec. 32.

Laws 2023, chapter 61, article 8, section 3, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective deleted text begin January deleted text end new text begin July new text end 1, deleted text begin 2025 deleted text end new text begin 2024 new text end .

Sec. 33.

Laws 2023, chapter 61, article 8, section 8, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective deleted text begin January deleted text end new text begin July new text end 1, deleted text begin 2025 deleted text end new text begin 2024 new text end .

Sec. 34.

Laws 2024, chapter 79, article 1, section 18, is amended to read:

Sec. 18.

246C.015 DEFINITIONS.

Subdivision 1.

Scope.

For purposes of this chapter, the following terms have the meanings
given.

Subd. 2.

Chief executive officer.

"Chief executive officer" means the deleted text begin Department of deleted text end
Direct Care and Treatment chief executive officer appointed according to section 246C.08.

Subd. 3.

Commissioner.

"Commissioner" means the commissioner of human services.

Subd. 4.

Community preparation services.

"Community preparation services" means
specialized inpatient or outpatient services operated outside of a secure environment but
administered by a secure treatment facility.

Subd. 5.

County of financial responsibility.

"County of financial responsibility" has
the meaning given in section 256G.02, subdivision 4.

new text begin Subd. 5a. new text end

new text begin Direct Care and Treatment. new text end

new text begin "Direct Care and Treatment" means the agency
of Direct Care and Treatment established under this chapter.
new text end

Subd. 6.

Executive board.

"Executive board" means the deleted text begin Department of deleted text end Direct Care and
Treatment executive board established under section 246C.06.

Subd. 7.

Executive medical director.

"Executive medical director" means the licensed
physician serving as executive medical director in deleted text begin the Department of deleted text end Direct Care and
Treatment under section 246C.09.

Subd. 8.

Head of the facility or head of the program.

"Head of the facility" or "head
of the program" means the person who is charged with overall responsibility for the
professional program of care and treatment of the facility or program.

Subd. 9.

Indian.

"Indian" has the meaning given in section 260.755, subdivision 7.

Subd. 10.

Secure treatment facility.

"Secure treatment facility" means a facility as
defined in section 253B.02, subdivision 18a, or 253D.02, subdivision 13.

Subd. 11.

Tobacco; tobacco-related device.

"Tobacco" and "tobacco-related device"
have the meanings given in section 609.685, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 35.

Laws 2024, chapter 79, article 1, section 23, is amended to read:

Sec. 23.

246C.06 EXECUTIVE BOARD; deleted text begin POWERS AND DUTIES deleted text end new text begin MEMBERSHIP;
GOVERNANCE new text end .

Subdivision 1.

Establishment.

The new text begin Direct Care and Treatment new text end executive board deleted text begin of the
Department of Direct Care and Treatment deleted text end is established.

Subd. 2.

Membership deleted text begin of the executive board deleted text end .

deleted text begin The executive board shall consist of no
more than five members, all appointed by the governor. deleted text end new text begin (a) The Direct Care and Treatment
executive board consists of nine members with seven voting members and two nonvoting
members. The seven voting members must include six members appointed by the governor
with the advice and consent of the senate in accordance with paragraph (b) and the
commissioner of human services or a designee. The two nonvoting members must be
appointed in accordance with paragraph (c). Section 15.0597 applies to all executive board
appointments except for the commissioner of human services.
new text end

new text begin (b) The executive board voting members appointed by the governor must meet the
following qualifications:
new text end

new text begin (1) one member must be a licensed physician who is a psychiatrist or has experience in
serving behavioral health patients;
new text end

new text begin (2) two members must have experience serving on a hospital or nonprofit board; and
new text end

new text begin (3) three members must have experience working: (i) in the delivery of behavioral health
services or care coordination or in traditional healing practices; (ii) as a licensed health care
professional; (iii) within health care administration; or (iv) with residential services.
new text end

new text begin (c) The executive board nonvoting members must be appointed as follows:
new text end

new text begin (1) one member appointed by the Association of Counties; and
new text end

new text begin (2) one member who has an active role as a union representative representing staff at
Direct Care and Treatment appointed by joint representatives of the following unions:
American Federation of State, County and Municipal Employees (AFSCME); Minnesota
Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA);
Middle Management Association (MMA); and State Residential Schools Education
Association (SRSEA).
new text end

new text begin (d) Membership on the board must include representation from outside the seven-county
metropolitan area, as defined in section 473.121, subdivision 2.
new text end

new text begin (e) A voting member of the executive board must not be or must not have been within
one year prior to appointment: (1) an employee of Direct Care and Treatment; (2) an
employee of a county, including a county commissioner; (3) an active employee or
representative of a labor union that represents employees of Direct Care and Treatment; or
(4) a member of the state legislature. This paragraph does not apply to the nonvoting members
or the commissioner of human services or designee.
new text end

Subd. 3.

deleted text begin Qualifications of members deleted text end new text begin Procedures new text end .

deleted text begin An executive board member's
qualifications must be appropriate for overseeing a complex behavioral health system, such
as experience serving on a hospital or nonprofit board, serving as a public sector labor union
representative, delivering behavioral health services or care coordination, or working as a
licensed health care provider in an allied health profession or in health care administration. deleted text end new text begin
Except as otherwise provided in this section, the membership terms and removal and filling
of vacancies for the executive board are governed by section 15.0575.
new text end

Subd. 4.

deleted text begin Accepting contributions or gifts deleted text end new text begin Compensation new text end .

(a) deleted text begin The executive board has
the power and authority to accept, on behalf of the state, contributions and gifts of money
and personal property for the use and benefit of the residents of the public institutions under
the executive board's control. All money and securities received must be deposited in the
state treasury subject to the order of the executive board. deleted text end new text begin Notwithstanding section 15.0575,
subdivision 3, paragraph (a), the nonvoting members of the executive board must not receive
daily compensation for executive board activities. Nonvoting members of the executive
board may receive expenses in the same manner and amount as authorized by the
commissioner's plan adopted under section 43A.18, subdivision 2. Nonvoting members
who, as a result of time spent attending board meetings, incur child care expenses that would
not otherwise have been incurred may be reimbursed for those expenses upon board
authorization.
new text end

(b) deleted text begin If the gift or contribution is designated by the donor for a certain institution or purpose,
the executive board shall expend or use the money as nearly in accordance with the conditions
of the gift or contribution, compatible with the best interests of the individuals under the
jurisdiction of the executive board and the state. deleted text end new text begin Notwithstanding section 15.0575, subdivision
3, paragraph (a), the Compensation Council under section 15A.082 must determine the
compensation for voting members of the executive board per day spent on executive board
activities authorized by the executive board. Voting members of the executive board may
also receive the expenses in the same manner and amount as authorized by the commissioner's
plan adopted under section 43A.18, subdivision 2. Voting members who, as a result of time
spent attending board meetings, incur child care expenses that would not otherwise have
been incurred may be reimbursed for those expenses upon board authorization.
new text end

new text begin (c) The commissioner of management and budget must publish the daily compensation
rate for voting members of the executive board determined under paragraph (b) on the
Department of Management and Budget's website.
new text end

new text begin (d) Voting members of the executive board must adopt internal standards prescribing
what constitutes a day spent on board activities for the purposes of making payments
authorized under paragraph (b).
new text end

new text begin (e) All other requirements under section 15.0575, subdivision 3, apply to the
compensation of executive board members.
new text end

Subd. 5.

deleted text begin Federal aid or block grants deleted text end new text begin Acting chair; officers new text end .

deleted text begin The executive board may
comply with all conditions and requirements necessary to receive federal aid or block grants
with respect to the establishment, constructions, maintenance, equipment, or operation of
adequate facilities and services consistent with the mission of the Department of Direct
Care and Treatment. deleted text end new text begin (a) The governor shall designate one member from the voting
membership appointed by the governor as acting chair of the executive board.
new text end

new text begin (b) At the first meeting of the executive board, the executive board must elect a chair
from among the voting membership appointed by the governor.
new text end

new text begin (c) The executive board must annually elect a chair from among the voting membership
appointed by the governor.
new text end

new text begin (d) The executive board must elect officers from among the voting membership appointed
by the governor. The elected officers shall serve for one year.
new text end

Subd. 6.

deleted text begin Operation of a communication systems account deleted text end new text begin Terms new text end .

(a) deleted text begin The executive
board may operate a communications systems account established in Laws 1993, First
Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the regional treatment centers the
executive board supervises. deleted text end new text begin Except for the commissioner of human services, executive
board members must not serve more than two consecutive terms unless service beyond two
consecutive terms is approved by the majority of voting members. The commissioner of
human services or a designee shall serve until replaced by the governor.
new text end

(b) deleted text begin Each account must be used to manage shared communication costs necessary for the
operations of the regional treatment centers the executive board supervises. The executive
board may distribute the costs of operating and maintaining communication systems to
participants in a manner that reflects actual usage. Costs may include acquisition, licensing,
insurance, maintenance, repair, staff time, and other costs as determined by the executive
board. deleted text end new text begin An executive board member may resign at any time by giving written notice to the
executive board.
new text end

(c) deleted text begin Nonprofit organizations and state, county, and local government agencies involved
in the operation of regional treatment centers the executive board supervises may participate
in the use of the executive board's communication technology and share in the cost of
operation. deleted text end new text begin The initial term of the member appointed under subdivision 2, paragraph (b),
clause (1), is two years. The initial term of the members appointed under subdivision 2,
paragraph (b), clause (2), is three years. The initial term of the members appointed under
subdivision 2, paragraph (b), clause (3), and the members appointed under subdivision 2,
paragraph (c), is four years.
new text end

(d) deleted text begin The executive board may accept on behalf of the state any gift, bequest, devise,
personal property of any kind, or money tendered to the state for any lawful purpose
pertaining to the communication activities under this section. Any money received for this
purpose must be deposited into the executive board's communication systems account.
Money collected by the executive board for the use of communication systems must be
deposited into the state communication systems account and is appropriated to the executive
board for purposes of this section. deleted text end new text begin After the initial term, the term length of all appointed
executive board members is four years.
new text end

new text begin Subd. 7. new text end

new text begin Conflicts of interest. new text end

new text begin Executive board members must recuse themselves from
discussion of and voting on an official matter if the executive board member has a conflict
of interest. A conflict of interest means an association, including a financial or personal
association, that has the potential to bias or have the appearance of biasing an executive
board member's decision in matters related to Direct Care and Treatment or the conduct of
activities under this chapter.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin The executive board must meet at least four times per fiscal year at
a place and time determined by the executive board.
new text end

new text begin Subd. 9. new text end

new text begin Quorum. new text end

new text begin A majority of the voting members of the executive board constitutes
a quorum. The affirmative vote of a majority of the voting members of the executive board
is necessary and sufficient for action taken by the executive board.
new text end

new text begin Subd. 10. new text end

new text begin Immunity; indemnification. new text end

new text begin (a) Members of the executive board are immune
from civil liability for any act or omission occurring within the scope of the performance
of their duties under this chapter.
new text end

new text begin (b) When performing executive board duties or actions, members of the executive board
are employees of the state for purposes of indemnification under section 3.736, subdivision
9.
new text end

new text begin Subd. 11. new text end

new text begin Rulemaking. new text end

new text begin (a) The executive board is authorized to adopt, amend, and
repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter
or any responsibilities of Direct Care and Treatment specified in state law.
new text end

new text begin (b) Until July 1, 2027, the executive board may adopt rules using the expedited
rulemaking process in section 14.389.
new text end

new text begin (c) In accordance with section 15.039, all orders, rules, delegations, permits, and other
privileges issued or granted by the Department of Human Services with respect to any
function of Direct Care and Treatment and in effect at the time of the establishment of Direct
Care and Treatment shall continue in effect as if such establishment had not occurred. The
executive board may amend or repeal rules applicable to Direct Care and Treatment that
were established by the Department of Human Services in accordance with chapter 14.
new text end

new text begin (d) The executive board must not adopt rules that go into effect or enforce rules prior
to July 1, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 36.

Laws 2024, chapter 79, article 1, section 24, is amended to read:

Sec. 24.

246C.10 FORENSIC SERVICES.

Subdivision 1.

Maintenance of forensic services.

(a) The executive board shall create
and maintain forensic services programs.

(b) The executive board must provide forensic services in coordination with counties
and other vendors.

(c) Forensic services must include specialized inpatient programs at secure treatment
facilities, consultive services, aftercare services, community-based services and programs,
transition services, nursing home services, or other services consistent with the mission of
deleted text begin the Department of deleted text end Direct Care and Treatment.

(d) The executive board deleted text begin shall deleted text end new text begin may new text end adopt rules to carry out the provision of this section
and to govern the operation of the services and programs under the direct administrative
authority of the executive board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 37.

Laws 2024, chapter 79, article 1, section 25, subdivision 3, is amended to read:

Subd. 3.

Comprehensive system of services.

The establishment of state-operated,
community-based programs must be within the context of a comprehensive definition of
the role of state-operated services in the state. The role of state-operated services must be
defined within the context of a comprehensive system of services new text begin for persons new text end with
developmental disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 38.

Laws 2024, chapter 79, article 10, section 1, is amended to read:

Section 1. REVISOR INSTRUCTION.

The revisor of statutes shall renumber each provision of Minnesota Statutes listed in
column A as amended in this act to the number listed in column B.

	Column A	Column B
	245.036	246C.16, subdivision 1
	245.037	246C.16, subdivision 2
	245.041	246C.15
	245.474, subdivision 1	246C.12, subdivision 1
	245.474, subdivision 2	246C.12, subdivision 2
	245.474, subdivision 3	246C.12, subdivision 3
	245.474, subdivision 4	246C.12, subdivision 4
	246.0135, paragraph (a)	246C.18, subdivision 2, paragraph (a)
	246.0135, paragraph (b)	246C.18, subdivision 2, paragraph (b)
	246.0135, paragraph (c)	246C.18, subdivision 2, paragraph (c)
	246.0135, paragraph (d)	246C.18, subdivision 3
	246.018, subdivision 1	246C.09, subdivision 1
	246.018, subdivision 2	246C.09, subdivision 2
	246.018, subdivision 3	246C.09, subdivision 3
	246.018, subdivision 4	246C.09, subdivision 4
	246.12	deleted text begin 246C.06, subdivision 7 deleted text end new text begin 246C.07, subdivision 7 new text end
	246.128	246C.18, subdivision 1
	246.129	246C.18, subdivision 4
	246.14	246C.16, subdivision 3
	246.23, subdivision 2	246.555, subdivision 1
	246.23, subdivision 3	246.555, subdivision 2
	246.23, subdivision 4	246.555, subdivision 3
	246.23, subdivision 5	246.555, subdivision 4
	246.23, subdivision 6	246.555, subdivision 5
	246.234	deleted text begin 246C.06, subdivision 8 deleted text end new text begin 246C.07, subdivision 5 new text end
	246.24	246C.16, subdivision 4
	246.27	246C.19
	246.36	deleted text begin 246C.06, subdivision 9 deleted text end new text begin 246C.07, subdivision 6 new text end
	deleted text begin 246.41, subdivision 1 deleted text end	deleted text begin 246C.06, subdivision 10 deleted text end deleted text begin , paragraph (a) deleted text end
	deleted text begin 246.41, subdivision 2 deleted text end	deleted text begin 246C.06, subdivision 10 deleted text end deleted text begin , paragraph (b) deleted text end
	deleted text begin 246.41, subdivision 3 deleted text end	deleted text begin 246C.06, subdivision 10 deleted text end deleted text begin , paragraph (c) deleted text end
	246.70	246C.18, subdivision 5
	246B.02	246C.13
	251.012, subdivision 1	246.575, subdivision 1
	251.012, subdivision 2	246.575, subdivision 2
	251.012, subdivision 3	246.575, subdivision 3
	251.012, subdivision 4	246.575, subdivision 4
	251.041	176.87
	251.042	176.871
	251.043, subdivision 1	176.872, subdivision 1
	251.043, subdivision 1a	176.872, subdivision 2
	251.043, subdivision 1b	176.872, subdivision 3
	251.043, subdivision 2	176.872, subdivision 4
	251.043, subdivision 3	176.872, subdivision 5
	251.044	176.873
	251.051	176.874
	251.052	176.875
	251.053	176.876
	251.15, subdivision 1	176.872, subdivision 6, paragraph (a)
	251.15, subdivision 2	176.872, subdivision 6, paragraph (b)
	251.17	246C.14
	252.50, subdivision 2	246C.16, subdivision 5
	252.50, subdivision 4	246C.10, subdivision 2
	252.50, subdivision 6	246.65
	252.50, subdivision 7	246.585
	252.50, subdivision 8	246.588
	252.50, subdivision 10	246.611
	253.015, subdivision 1	253B.10, subdivision 6
	253.016	246.554
	253.017, subdivision 1	246.591
	253.017, subdivision 2	246C.10, subdivision 3
	253.017, subdivision 3	246C.10, subdivision 4
	253.13	253.245
	deleted text begin 253C.01, subdivision 1 deleted text end	deleted text begin 245A.27, subdivision 1 deleted text end
	253C.01, subdivision 2	deleted text begin 245A.27, subdivision 2 deleted text end
	deleted text begin 253C.01, subdivision 3 deleted text end	deleted text begin 245A.27, subdivision 3 deleted text end
	256.0121, subdivision 1	246.595, subdivision 1
	256.0121, subdivision 2	246.595, subdivision 2
	256.0121, subdivision 3	246.595, subdivision 3

Sec. 39.

Laws 2024, chapter 79, article 10, section 6, is amended to read:

Sec. 6. EFFECTIVE DATE.

deleted text begin (a) Article 1, section 23, is effective July 1, 2024. deleted text end new text begin This act is effective July 1, 2024.
new text end

deleted text begin (b) Article 1, sections 1 to 22 and 24 to 31, and articles 2 to 10 are effective January 1,
2025.
deleted text end

Sec. 40. new text begin DIRECT CARE AND TREATMENT ADVISORY COMMITTEE.
new text end

new text begin (a) The Direct Care and Treatment executive board under Minnesota Statutes, section
246C.07, shall establish an advisory committee to provide state legislators, counties, union
representatives, the National Alliance on Mental Illness Minnesota, people being served by
direct care and treatment programs, and other stakeholders the opportunity to advise the
executive board regarding the operation of Direct Care and Treatment.
new text end

new text begin (b) The members of the advisory committee must be appointed as follows:
new text end

new text begin (1) one member appointed by the speaker of the house;
new text end

new text begin (2) one member appointed by the minority leader of the house of representatives;
new text end

new text begin (3) two members appointed by the senate Committee on Committees, one member
representing the majority caucus and one member representing the minority caucus;
new text end

new text begin (4) one member appointed by the Association of Minnesota Counties;
new text end

new text begin (5) one member appointed by joint representatives of the American Federation of State
and Municipal Employees, the Minnesota Association of Professional Employees, the
Minnesota Nurses Association, the Middle Management Association, and the State
Residential Schools Education Association;
new text end

new text begin (6) one member appointed by the National Alliance on Mental Illness Minnesota; and
new text end

new text begin (7) two members representing people with lived experience being served by state-operated
treatment programs or their families, appointed by the governor.
new text end

new text begin (c) Appointing authorities under paragraph (b) shall make appointments by January 1,
2026.
new text end

new text begin (d) The first meeting of the advisory committee must be held no later than January 15,
2026. The members of the advisory committee shall elect a chair from among their
membership at the first meeting. The advisory committee shall meet as frequently as it
determines necessary.
new text end

new text begin (e) The executive board shall regularly consult with the advisory committee.
new text end

new text begin (f) The advisory committee under this section expires December 31, 2027.
new text end

Sec. 41. new text begin INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT
CARE AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE
OFFICER.
new text end

new text begin Subdivision 1. new text end

new text begin Executive board. new text end

new text begin (a) The initial appointments of the members of the
Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06,
must be made by January 1, 2025.
new text end

new text begin (b) Prior to the first Compensation Council determination of the daily compensation rate
for voting members of the executive board under Minnesota Statutes, section 246C.06,
subdivision 4, paragraph (b), voting members of the executive board must be paid the per
diem rate provided for in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a).
new text end

new text begin (c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the
authority and responsibilities for Direct Care and Treatment are transferred to the executive
board in accordance with Minnesota Statutes, section 246C.04.
new text end

new text begin Subd. 2. new text end

new text begin Chief executive officer. new text end

new text begin (a) The Direct Care and Treatment executive board
must appoint as the initial chief executive officer for Direct Care and Treatment under
Minnesota Statutes, section 246C.07, the chief executive officer of the direct care and
treatment division of the Department of Human Services holding that position at the time
the initial appointment is made by the board. The initial appointment of the chief executive
officer must be made by the executive board by July 1, 2025. The initial appointment of
the chief executive officer is subject to confirmation by the senate.
new text end

new text begin (b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes,
section 15A.082, must establish the salary of the chief executive officer at an amount equal
to or greater than the amount paid to the chief executive officer of the direct care and
treatment division of the Department of Human Services as of the date of initial appointment.
The salary of the chief executive officer shall become effective July 1, 2025, pursuant to
Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes,
sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive
officer occurs prior to the effective date of the salary specified by the Compensation Council
in its April 1, 2025, report, the salary of the chief executive officer must equal the amount
paid to the chief executive officer of the direct care and treatment division of the Department
of Human Services as of the date of initial appointment.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner of human services to consult. new text end

new text begin In preparing the budget estimates
required under Minnesota Statutes, section 16A.10, for the direct care and treatment division
for the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative
session that involve direct care and treatment operations, the commissioner of human services
must consult with the Direct Care and Treatment executive board before submitting the
budget estimates or legislative proposals. If the executive board is not appointed by the date
the budget estimates must be submitted to the commissioner of management and budget,
the commissioner of human services must provide the executive board with a summary of
the budget estimates that were submitted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 42. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Department of Human Services" to "Direct
Care and Treatment" wherever the term appears in respect to the governmental entity with
programmatic direction and fiscal control over state-operated services, programs, or facilities
under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary
changes to sentence structure to preserve the meaning of the text.
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. 43. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "Department of Direct Care and Treatment"
to "Direct Care and Treatment" wherever the term appears in respect to the governmental
entity with programmatic direction and fiscal control over state-operated services, programs,
or facilities under Minnesota Statutes, chapter 246C. The revisor may make technical and
other necessary changes to sentence structure to preserve the meaning of the text.
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. 44. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the House Research Department; the Office
of Senate Counsel, Research, and Fiscal Analysis; the Department of Human Services; and
Direct Care and Treatment, shall make necessary cross-reference changes to conform with
this act. The revisor may make technical and other necessary changes to sentence structure
to preserve the meaning of the text. The revisor may alter the coding in this act to incorporate
statutory changes made by other law in the 2024 regular legislative session.
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. 45. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 246.41; and 253C.01, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 246C.03, 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 July 1, 2024.
new text end

ARTICLE 6

MISCELLANEOUS

Section 1.

new text begin FREE COMMUNICATION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Free communication services. new text end

new text begin (a) A facility must provide patients and
clients with voice communication services. A facility may supplement voice communication
services with other communication services, including but not limited to video
communication and email or electronic messaging services. A facility must continue to
offer the services the facility offered as of January 1, 2024.
new text end

new text begin (b) To the extent that voice or other communication services are provided, which must
not be limited beyond program participation and routine facility policies and procedures,
neither the individual initiating the communication nor the individual receiving the
communication must be charged for the service.
new text end

new text begin Subd. 2. new text end

new text begin Communication services restrictions. new text end

new text begin Nothing in this section allows a patient
or client to violate an active protection order, harassment restraining order, or other no-contact
order or directive. Nothing in this section entitles a civilly committed person to
communication services restricted or limited under Minnesota Statutes, section 253B.03,
subdivision 3, or 253D.19.
new text end

new text begin Subd. 3. new text end

new text begin Revenue prohibited. new text end

new text begin Direct Care and Treatment must not receive revenue
from the provision of voice communication services or any other communication services
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Visitation programs. new text end

new text begin (a) Facilities shall maintain in-person visits for patients
or clients. Communication services, including video calls, must not be used to replace a
facility's in-person visitation program or be counted toward a patient's or client's in-person
visitation limit.
new text end

new text begin (b) Notwithstanding paragraph (a), the Direct Care and Treatment executive board may
waive the in-person visitation program requirement under this subdivision if there is:
new text end

new text begin (1) a declared emergency under Minnesota Statutes, section 12.31; or
new text end

new text begin (2) a local-, state-, or federal-declared natural disaster.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) By January 15, 2026, the Direct Care and Treatment executive
board must report the information described in paragraph (b) to the chairs and ranking
minority members of the legislative committees having jurisdiction over human services
policy and finance.
new text end

new text begin (b) The Direct Care and Treatment executive board must include the following
information covering fiscal year 2024:
new text end

new text begin (1) the status of all the agency's communication contracts; efforts to renegotiate the
agency's communication contracts, including the rates the agency is paying or charging
confined people or community members for any and all services in the contracts; and plans
to consolidate the agency's communication contracts to maximize purchasing power;
new text end

new text begin (2) a complete and detailed accounting of how appropriated funds for communication
services are spent, including spending on expenses previously covered by commissions;
and
new text end

new text begin (3) summary data on usage of all communication services, including monthly call and
message volume.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "voice communications" means real-time, audio-only communication services,
namely phone calls made over wireline telephony, voice over Internet protocol, or any other
technology infrastructure;
new text end

new text begin (2) "other communication services" means communication services other than voice
communications, including but not limited to video calls and electronic messages; and
new text end

new text begin (3) "facility" means any facility, setting, or program owned, operated, or under the
programmatic or fiscal control of Direct Care and Treatment.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Subdivisions 1 to 4 expire June 30, 2026. Subdivisions 5 and 6
expire upon submission by the Direct Care and Treatment executive board of the report to
the legislature required under subdivision 5.
new text end

Sec. 2. new text begin COMMUNITY CARE HUB PLANNING GRANT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health shall establish a single grant
to develop and design programs to expand and strengthen the community care hub model,
which organizes and supports a network of health and social care service providers to address
health-related social needs.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Community-based organization" means a public or private nonprofit organization
of demonstrated effectiveness that is representative of a community or significant segments
of a community and provides educational or related services to individuals in the community.
new text end

new text begin (c) "Community care hub" means a nonprofit organization that provides a centralized
administrative and operational interface between health care institutions and a network of
community-based organizations that provide health promotion and social care services.
new text end

new text begin (d) "Health-related social needs" means the individual-level, adverse social conditions
that can negatively impact a person's health or health care, such as poor health literacy, food
insecurity, housing instability, and lack of access to transportation.
new text end

new text begin (e) "Social care services" means culturally informed services to address health-related
social needs and community-informed health promotion programs.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin To be eligible for the single grant available under this
section, a grant applicant must:
new text end

new text begin (1) be recognized as a selected community care hub by the federal Administration for
Community Living and the Centers for Disease Control and Prevention;
new text end

new text begin (2) hold contracts with health plans within Minnesota that allow the applicant to provide
social care services to a plan's covered member population; and
new text end

new text begin (3) demonstrate active engagement in providing, coordinating, and aiding health care
and social care services at the community level.
new text end

new text begin Subd. 4. new text end

new text begin Eligible uses. new text end

new text begin The grantee must use awarded funding to develop and design
programs that support the development of a social care network that provides services to
address health-related social needs. Activities eligible for funding under this section include
but are not limited to education activities, feasibility studies, program design, and pilots.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER; FEDERAL WAIVERS FOR
HEALTH-RELATED SOCIAL NEEDS.
new text end

new text begin (a) The commissioner of human services shall develop a strategy to implement
interventions to address unmet health-related social needs, including but not limited to
nutrition support, housing support, case management, and violence prevention. In developing
such a strategy, the commissioner shall consider whether services could be reimbursed
under section 1115 of the Social Security Act, other federal waivers, or existing state
authority.
new text end

new text begin (b) The commissioner shall collaborate with the commissioner of health, communities
most impacted by health disparities, and other external partners providing services in
nutrition, housing, case management, and violence prevention to medical assistance recipients
on specific interventions to include in the proposed strategy.
new text end

new text begin (c) By March 1, 2025, the commissioner shall provide the strategy developed under this
section to the chairs and ranking minority members of the legislative committees with
jurisdiction over health care finance and must include:
new text end

new text begin (1) a proposed timeline for implementation;
new text end

new text begin (2) an estimate of the administrative and programmatic costs associated with
implementing and evaluating any proposed federal waivers; and
new text end

new text begin (3) any statutory changes necessary to seek ongoing state funding and federal authority
for the proposed strategies.
new text end

new text begin (d) The commissioner may perform the steps necessary to develop a federal waiver or
other strategies identified in paragraph (c) in preparation for enactment of the strategies.
new text end

new text begin (e) The commissioner is exempt from the requirements of Minnesota Statutes, chapter
16C, when entering into a new contract or amending an existing contract to complete the
work under this section.
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. 4. new text begin WORKING GROUP ON SIMPLIFYING SUPPORTIVE HOUSING
RESOURCES.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A working group on simplifying supportive housing
resources is established to streamline access, eligibility, and administration of state-funded
supportive housing resources for people experiencing homelessness.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The working group must prioritize membership from
individuals and organizations that use or administer state-funded supportive housing resources
and must include the following:
new text end

new text begin (1) the commissioner of the Minnesota Housing Finance Agency or designee;
new text end

new text begin (2) the commissioner of human services or designee;
new text end

new text begin (3) two representatives with lived experience from the Minnesota Coalition for the
Homeless;
new text end

new text begin (4) one representative from Hearth Connection;
new text end

new text begin (5) one representative from the Metropolitan Urban Indian Directors network;
new text end

new text begin (6) one representative from the Minnesota Housing Stability Coalition;
new text end

new text begin (7) five representatives from organizations providing or administering state-funded
supportive housing resources to people experiencing homelessness, including organizations
that provide services to youth experiencing homelessness, veterans experiencing
homelessness, populations that disproportionately experience homelessness, and a provider
that participates in a coordinated entry system and demonstrates statewide geographic
representation;
new text end

new text begin (8) one representative from the Minnesota Tribal Collaborative;
new text end

new text begin (9) one representative from Hennepin County;
new text end

new text begin (10) one representative from St. Louis County;
new text end

new text begin (11) two members from the house of representatives, one appointed by the speaker of
the house and one appointed by the minority leader; and
new text end

new text begin (12) two members from the senate appointed by the senate committee on committees,
one representing the majority caucus and one representing the minority caucus.
new text end

new text begin (b) The members listed in paragraph (a), clauses (3) to (10), must be appointed by the
commissioner of human services in collaboration with the commissioner of the Minnesota
Housing Finance Agency.
new text end

new text begin (c) All appointing authorities must make their appointments to the working group by
August 1, 2024.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The working group must study supportive housing resources to
streamline access, eligibility, and administration of state-funded supportive housing resources
for people experiencing homelessness, including the following programs:
new text end

new text begin (1) the housing support program;
new text end

new text begin (2) long-term homeless supportive services;
new text end

new text begin (3) housing with supports for adults with serious mental illness;
new text end

new text begin (4) the housing trust fund; and
new text end

new text begin (5) other capital and operating funds administered by the Minnesota Housing Finance
Agency.
new text end

new text begin (b) In studying supportive housing resources, the working group must identify the
processes, procedures, and technological or personnel resources that would be necessary to
enable the state, county or Tribal agencies, and providers responsible for administering
public supportive housing funds to meet the following goals:
new text end

new text begin (1) reduce administrative complexities;
new text end

new text begin (2) enhance equity and accessibility, including coordinated entry;
new text end

new text begin (3) streamline and simplify eligibility criteria, paperwork, and funding distribution; and
new text end

new text begin (4) accelerate the transition of individuals from homelessness to sustainable long-term
solutions.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Notwithstanding Minnesota Statutes, section 15.059, subdivision
3, members of the working group shall not be compensated, except for the members with
lived experience of homelessness.
new text end

new text begin Subd. 5. new text end

new text begin Meetings; facilitation. new text end

new text begin (a) The commissioner of human services may contract
with a third-party vendor to facilitate the working group and convene the first meeting by
January 15, 2025.
new text end

new text begin (b) The working group must meet at regular intervals as often as necessary to fulfill the
duties under subdivision 3.
new text end

new text begin (c) Meetings of the working group are subject to the Minnesota Open Meeting Law
under Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 6. new text end

new text begin Consultation. new text end

new text begin The working group must consult with other individuals and
organizations that have expertise and experience in providing supportive services that may
assist the working group in fulfilling its responsibilities, including entities engaging in
additional input from those with lived experience of homelessness and administrators of
state-funded supportive housing not included on the working group.
new text end

new text begin Subd. 7. new text end

new text begin Report required. new text end

new text begin The working group shall submit a final report by January
15, 2026, to the chairs and ranking minority members of the legislative committees with
jurisdiction over housing and homelessness finance and policy detailing the recommendations
to streamline access, eligibility, and administration of state-funded supportive housing
resources for people experiencing homelessness. The report shall include draft legislation
required to implement the proposed legislation.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The working group expires January 15, 2026.
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. 5. new text begin HOMELESSNESS PRIORITY; HOMELESSNESS REPORT.
new text end

new text begin The governor and lieutenant governor and the legislature find that addressing
homelessness is a pressing public need. The Department of Human Services administers
programs to provide shelter, support services, and housing stability to low-income
Minnesotans and people experiencing homelessness. No later than January 15, 2025, the
commissioner, in cooperation with the commissioner of the Minnesota Housing Finance
Agency and other relevant departments, must report to the chairs and ranking minority
members of the legislative committees with jurisdiction over human services policy and
finance on the departments' activities to reduce homelessness.
new text end

Sec. 6. new text begin DIRECTION TO COMMISSIONER; TARGETED CASE MANAGEMENT
REDESIGN.
new text end

new text begin The commissioner of human services must consult with members of the Minnesota
Association of County Social Service Administrators to improve case management
information systems and identify the necessary changes needed to comply with regulations
related to federal certified public expenditures. The changes must facilitate transition to use
of a 15-minute unit rate or improved financial reporting for fee-for-service targeted case
management services provided by counties. The Social Service Information System and
adjacent systems must be modified to support any increase in the intensity of time reporting
requirements prior to any implementation of proposed changes to targeted case management
rate setting, reimbursement, and reconciliation processes.
new text end

Sec. 7. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering:
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 256E.33 new text end	new text begin 256K.48 new text end
	new text begin 256E.36 new text end	new text begin 256K.49 new text end

ARTICLE 7

HUMAN SERVICES RESPONSE CONTINGENCY ACCOUNT

Section 1.

new text begin [256.044] HUMAN SERVICES RESPONSE CONTINGENCY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Human services response contingency account. new text end

new text begin A human services
response contingency account is created in the special revenue fund in the state treasury.
Money in the human services response contingency account does not cancel and is
appropriated to the commissioner of human services for the purposes specified in this section.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "human services response" means
activities deemed necessary by the commissioner of human services to respond to emerging
or immediate needs related to supporting the health, welfare, or safety of people.
new text end

new text begin Subd. 3. new text end

new text begin Use of money. new text end

new text begin (a) The commissioner may make expenditures from the human
services response contingency account to respond to needs as defined in subdivision 2 and
for which no other funding or insufficient funding is available.
new text end

new text begin (b) When the commissioner determines that a human services response is needed, the
commissioner may make expenditures from the human services response contingency
account for the following uses to implement the human services response:
new text end

new text begin (1) services, supplies, and equipment to support the health, welfare, or safety of people;
new text end

new text begin (2) training and coordination with service providers, Tribal Nations, and local government
entities;
new text end

new text begin (3) communication with and outreach to impacted people;
new text end

new text begin (4) informational technology; and
new text end

new text begin (5) staffing.
new text end

new text begin (c) The commissioner may transfer money within the Department of Human Services
and to the Department of Children, Youth, and Families for eligible uses under paragraph
(b) as necessary to implement a human services response.
new text end

new text begin (d) Notwithstanding any other law or rule to the contrary, when implementing a human
services response, the commissioner may allocate funds from the human services response
contingency account to programs, providers, and organizations for eligible uses under
paragraph (b) through one or more fiscal agents chosen by the commissioner. In contracting
with a fiscal agent, the commissioner may use a sole-source contract and is not subject to
the solicitation requirements of chapter 16B or 16C.
new text end

new text begin (e) Programs, providers, and organizations receiving funds from the human services
response contingency account under paragraph (d) must describe how the money will be
used. If a program, provider, or organization receiving money from the human services
response contingency account receives money from a nonstate source other than a local unit
of government or Tribe for the same human services response, the entity must notify the
commissioner of the amount received from the nonstate source. If the commissioner
determines that the total amount received under this section and from the nonstate source
exceeds the entity's total costs for the human services response, the entity must pay the
commissioner the amount that exceeds the costs up to the amount of funding provided to
the entity under this section. All money paid to the commissioner under this paragraph must
be deposited in the human services response contingency account.
new text end

new text begin Subd. 4. new text end

new text begin Assistance from other sources. new text end

new text begin (a) As a condition of making expenditures
from the human services response contingency account, the commissioner must seek any
appropriate assistance from other available sources, including the federal government, to
assist with costs attributable to the human services response.
new text end

new text begin (b) If the commissioner recovers eligible costs for the human services response from a
nonstate source after making expenditures from the human services response contingency
account, the commissioner shall reimburse the human services response contingency account
for those costs up to the amount recovered for eligible costs from the nonstate source.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin The commissioner must develop required reporting for entities
receiving human services response contingency account money. Entities receiving money
from the commissioner of human services from the human services response contingency
account must submit reports to the commissioner of human services with detailed information
in a manner determined by the commissioner, including but not limited to:
new text end

new text begin (1) amounts expended by category of expenditure;
new text end

new text begin (2) outcomes achieved, including estimated individuals served;
new text end

new text begin (3) documentation necessary to verify that funds were spent in compliance with this
section;
new text end

new text begin (4) expenditure reports for the purpose of requesting reimbursement from other available
sources; and
new text end

new text begin (5) data necessary to comply with an audit of human services response contingency
account expenditures.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By March 1 of each year, the commissioner shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over human services finance and health and human services
finance detailing expenditures made in the previous calendar year from the human services
response contingency account. This report is exempt from section 256.01, subdivision 42.
new text end

ARTICLE 8

APPROPRIATIONS

Section 1. new text begin HUMAN SERVICES APPROPRIATION. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 61, article 9; Laws
2023, chapter 70, article 20; and Laws 2023, chapter 74, section 6, to the agencies and for
the purposes specified in this article. The appropriations are from the general fund or other
named fund and are available for the fiscal years indicated for each purpose. The figures
"2024" and "2025" used in this article mean that the addition to or subtraction from the
appropriation listed under them is available for the fiscal year ending June 30, 2024, or June
30, 2025, respectively. Base adjustments mean the increase or decrease of the base level
adjustment set in Laws 2023, chapter 61, article 9; Laws 2023, chapter 70, article 20; and
Laws 2023, chapter 74, section 6. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, are effective the day following final
enactment unless a different effective date is explicit.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin (17,213,000) new text end

new text begin $ new text end

new text begin 63,804,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Central Office; Operations new text end

new text begin (4,299,000) new text end

new text begin 2,172,000 new text end

new text begin (a) Carryforward Authority.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, $912,000 in fiscal year
2025 is available until June 30, 2027.
new text end

new text begin (b) Base Level Adjustment. The general fund
base is increased by $327,000 in fiscal year
2026 and $327,000 in fiscal year 2027.
new text end

new text begin Subd. 3. new text end new text begin Central Office; Health Care new text end

new text begin -0- new text end

new text begin 2,035,000 new text end

new text begin (a) Health-Related Social Needs 1115
Waiver. $500,000 is for a contract to develop
a 1115 waiver related to nutrition supports as
a covered service under medical assistance.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (b) Carryforward Authority.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, $327,000 in fiscal year
2025 is available until June 30, 2026, and
$543,000 in fiscal year 2025 is available until
June 30, 2027.
new text end

new text begin (c) Base Level Adjustment. The general fund
base is increased by $786,000 in fiscal year
2026 and increased by $790,000 in fiscal year
2027.
new text end

new text begin Subd. 4. new text end new text begin Central Office; Aging and Disability Services new text end

new text begin (2,664,000) new text end

new text begin 4,164,000 new text end

new text begin (a) Tribal Vulnerable Adult and
Developmental Disabilities Targeted Case
Management Medical Assistance Benefit.
$200,000 in fiscal year 2025 is for a contract
to develop a Tribal vulnerable adult and
developmental disabilities targeted case
management medical assistance benefit under
Minnesota Statutes, section 256B.0924. This
is a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28,
subdivision 3, this appropriation is available
until June 30, 2027.
new text end

new text begin (b) Disability Services Person-Centered
Engagement and Navigation Study.
$600,000 in fiscal year 2025 is for the
disability services person-centered engagement
and navigation study. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2026.
new text end

new text begin (c) Pediatric Hospital-to-Home Transition
Pilot Program Administration. $300,000 in
fiscal year 2025 is for a contract related to the
pediatric hospital-to-home transition pilot
program. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (d) Reimbursement for Community-First
Services and Supports Workers Report.
$250,000 in fiscal year 2025 is for a contract
related to the reimbursement for
community-first services and supports workers
report. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (e) Carryforward Authority.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, $758,000 in fiscal year
2025 is available until June 30, 2026, and
$2,687,000 in fiscal year 2025 is available
until June 30, 2027.
new text end

new text begin (f) Base Level Adjustment. The general fund
base is increased by $340,000 in fiscal year
2026 and increased by $340,000 in fiscal year
2027.
new text end

new text begin Subd. 5. new text end new text begin Central Office; Behavioral Health, Housing, and Deaf and Hard-of-Hearing Services new text end

new text begin -0- new text end

new text begin 3,304,000 new text end

new text begin (a) Medical Assistance Reentry
Demonstration. $600,000 in fiscal year 2025
is for engagement with people with lived
experience, families, and community partners
on the development and implementation of
the medical assistance reentry demonstration
benefit under Minnesota Statutes, section
256B.0761. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (b) Working Group on Simplifying Housing
Support Resources. $400,000 in fiscal year
2025 is for administration of a working group
to streamline access, eligibility, and
administration of state-funded supportive
housing resources for people experiencing
homelessness. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (c) new text begin Carryforward Authority. new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, $34,000 in fiscal year
2025 is available until June 30, 2026.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is increased by $2,271,000 in fiscal year
2026 and increased by $2,271,000 in fiscal
year 2027.
new text end

new text begin Subd. 6. new text end new text begin Forecasted Programs; Medical Assistance new text end

new text begin -0- new text end

new text begin 5,533,000 new text end

new text begin Subd. 7. new text end new text begin Forecasted Programs; Alternative Care new text end

new text begin -0- new text end

new text begin 49,000 new text end

new text begin Subd. 8. new text end new text begin Forecasted Programs; Behavioral Health Fund new text end

new text begin -0- new text end

new text begin 274,000 new text end

new text begin Subd. 9. new text end new text begin Grant Programs; Child and Economic Support Grants new text end

new text begin -0- new text end

new text begin 5,050,000 new text end

new text begin (a) Homeless Shelter Services. $50,000 in
fiscal year 2025 is for a payment to Churches
United for the Homeless in Moorhead to hire
staff or contract for assistance to secure public
funding for Churches United's existing
services, including the provision of safe shelter
for individuals experiencing homelessness,
supportive housing, nutrition support, nursing
services, family services, and case
management. This is a onetime appropriation.
new text end

new text begin (b) American Indian Food Sovereignty. new text end new text begin
$1,000,000 in fiscal year 2025 is for the
American Indian food sovereignty funding
program under Minnesota Statutes, section
256E.342. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (c) Minnesota Food Shelf. new text end new text begin $1,390,000 in
fiscal year 2025 is for the Minnesota food
shelf program under Minnesota Statutes,
section 256E.34. This is a onetime
appropriation.
new text end

new text begin (d) Emergency Food Assistance Program. new text end new text begin
$2,610,000 in fiscal year 2025 is for contracts
with Minnesota's regional food banks that the
commissioner contracts with for the purposes
of the Emergency Food Assistance Program
(TEFAP). The commissioner shall distribute
the food bank funding under this paragraph in
accordance with the federal TEFAP formula
and guidelines of the United States
Department of Agriculture. Funding must be
used by all regional food banks to purchase
food that will be distributed free of charge to
TEFAP partner agencies. Funding must also
cover the handling and delivery fees typically
paid by food shelves to food banks to ensure
that costs associated with funding under this
paragraph are not incurred at the local level.
This is a onetime appropriation.
new text end

new text begin Subd. 10. new text end new text begin Grant Programs; Refugee Services new text end

new text begin -0- new text end

new text begin 4,000,000 new text end

new text begin new text begin Human Services Response Contingency
Account. new text end (a) $4,000,000 in fiscal year 2025
is for the human services response contingency
account under Minnesota Statutes, section
256.044. This is a onetime appropriation.
new text end

new text begin (b) The commissioner of management and
budget shall transfer $4,000,000 in fiscal year
2025 from the general fund to the human
services response contingency account
established under Minnesota Statutes, section
256.044. This is a onetime transfer.
new text end

new text begin Subd. 11. new text end new text begin Grant Programs; Health Care Grants new text end

new text begin -0- new text end

new text begin 1,000,000 new text end

new text begin new text begin County Correctional Facility Mental Health
Medication Pilot Program. new text end $1,000,000 in
fiscal year 2025 is for the county correctional
facility mental health medication pilot
program. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin Subd. 12. new text end new text begin Grant Programs; Other Long Term Care Grants new text end

new text begin (2,500,000) new text end

new text begin 1,962,000 new text end

new text begin (a) Health Awareness Hub Pilot Project.
$281,000 in fiscal year 2025 is for a payment
to the Organization for Liberians in Minnesota
for a health awareness hub pilot project. The
pilot project must seek to address health care
education and the physical and mental
wellness needs of elderly individuals within
the African immigrant community by offering
culturally relevant support, resources, and
preventive care education from medical
practitioners who have a similar background,
and by making appropriate referrals to
culturally competent programs, supports, and
medical care. Within six months of the
conclusion of the pilot project, the
Organization for Liberians in Minnesota must
provide the commissioner with an evaluation
of the project as determined by the
commissioner. This is a onetime appropriation.
new text end

new text begin (b) Chapter 245D Compliance Support.
$219,000 in fiscal year 2025 is for a payment
to Black Business Enterprises Fund to support
minority providers licensed under Minnesota
Statutes, chapter 245D, as intensive support
services providers to build skills and the
infrastructure needed to increase the quality
of services provided to the people the
providers serve while complying with the
requirements of Minnesota Statutes, chapter
245D, and to enable the providers to accept
clients with high behavioral needs. This is a
onetime appropriation.
new text end

new text begin (c) Customized Living Technical Assistance.
$350,000 is for a payment to Propel
Nonprofits for a culturally specific outreach
and education campaign toward existing
customized living providers that might more
appropriately serve their clients under a
different home and community-based services
program or license. This is a onetime
appropriation.
new text end

new text begin (d) Linguistically and Culturally Specific
Training Pilot Project. $650,000 in fiscal
year 2025 is for a payment to Isuroon to
collaborate with the commissioner of human
services to develop and implement a pilot
program to provide: (1) linguistically and
culturally specific in-person training to
bilingual individuals, particularly bilingual
women, from diverse ethnic backgrounds; and
(2) technical assistance to providers to ensure
successful implementation of the pilot
program, including training, resources, and
ongoing support. Within six months of the
conclusion of the pilot project, Isuroon must
provide the commissioner with an evaluation
of the project as determined by the
commissioner. This is a onetime appropriation.
new text end

new text begin (e) Long-Term Services and Supports Loan
Program. new text end new text begin (1) $462,000 in fiscal year 2025 is
from the general fund for the long-term
services and supports loan program established
under Minnesota Statutes, section 256R.55.
The base for this appropriation is $822,000 in
fiscal year 2026 and $0 in fiscal year 2027.
new text end

new text begin (2) The commissioner of management and
budget shall transfer $462,000 in fiscal year
2025 from the general fund to the long-term
services and supports loan account established
under Minnesota Statutes, section 256R.55.
The base for this transfer is $822,000 in fiscal
year 2026 and $0 in fiscal year 2027.
new text end

new text begin (f) Base Level Adjustment. The general fund
base is decreased by $1,202,000 in fiscal year
2026 and decreased by $2,024,000 in fiscal
year 2027.
new text end

new text begin Subd. 13. new text end new text begin Grant Programs; Aging and Adult Services Grants new text end

new text begin -0- new text end

new text begin 4,500,000 new text end

new text begin (a) Caregiver Respite Services Grants.
$2,000,000 in fiscal year 2025 is for caregiver
respite services grants under Minnesota
Statutes, section 256.9756. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (b) Caregiver Support Programs.
$2,500,000 in fiscal year 2025 is for the
Minnesota Board on Aging for the purposes
of the caregiver support programs under
Minnesota Statutes, section 256.9755.
Programs receiving funding under this
paragraph must include an ALS-specific
respite service in their caregiver support
program. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin Subd. 14. new text end new text begin Grant Programs; Disabilities Grants new text end

new text begin 1,650,000 new text end

new text begin 9,574,000 new text end

new text begin (a) Capital Improvement for Accessibility.
$400,000 in fiscal year 2025 is for a payment
to Anoka County to make capital
improvements to existing space in the Anoka
County Human Services building in the city
of Blaine, including making bathrooms fully
compliant with the Americans with Disabilities
Act with adult changing tables and ensuring
barrier-free access for the purposes of
improving and expanding the services an
existing building tenant can provide to adults
with developmental disabilities. This is a
onetime appropriation.
new text end

new text begin (b) Dakota County Disability Services
Workforce Shortage Pilot Project. $500,000
in fiscal year 2025 is for a grant to Dakota
County for innovative solutions to the
disability services workforce shortage. Up to
$250,000 of this amount must be used to
develop and test an online application for
matching requests for services from people
with disabilities to available staff, and up to
$250,000 of this amount must be used to
develop a communities-for-all program that
engages businesses, community organizations,
neighbors, and informal support systems to
promote community inclusion of people with
disabilities. By October 1, 2026, the
commissioner shall report the outcomes and
recommendations of these pilot projects to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
human services finance and policy. This is a
onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28,
subdivision 3, this appropriation is available
until June 30, 2027.
new text end

new text begin (c) Pediatric Hospital-to-Home Transition
Pilot Program. $1,040,000 in fiscal year 2025
is for the pediatric hospital-to-home pilot
program. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (d) Artists With Disabilities Support.
$690,000 in fiscal year 2025 is for a payment
to a nonprofit organization licensed under
Minnesota Statutes, chapter 245D, located on
Minnehaha Avenue West in Saint Paul, and
that supports artists with disabilities in creating
visual and performing art that challenges
society's views of persons with disabilities.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (e) Emergency Relief Grants for Rural
EIDBI Providers. $600,000 in fiscal year
2025 is for emergency relief grants for EIDBI
providers. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (f) Self-Advocacy Grants for Persons with
Intellectual and Developmental Disabilities.
$250,000 in fiscal year 2025 is for
self-advocacy grants under Minnesota Statutes,
section 256.477, subdivision 1, paragraph (a),
clauses (5) to (7), and for administrative costs.
This is onetime appropriation.
new text end

new text begin (g) Electronic Visit Verification
Implementation Grants. $864,000 in fiscal
year 2025 is for electronic visit verification
implementation grants. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (h) Aging and Disability Services for
Immigrant and Refugee Communities.
$250,000 in fiscal year 2025 is for a payment
to SEWA-AIFW to address aging, disability,
and mental health needs for immigrant and
refugee communities. This is a onetime
appropriation.
new text end

new text begin (i) License Transition Support for Small
Disability Waiver Providers. $3,150,000 in
fiscal year 2025 is for license transition
payments to small disability waiver providers.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027.
new text end

new text begin (j) Own home services provider
capacity-building grants. $1,519,000 in fiscal
year 2025 is for the own home services
provider capacity-building grant program.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027. This is a onetime
appropriation.
new text end

new text begin (k) Continuation of Centers for
Independent Living HCBS Access Grants.
$311,000 in fiscal year 2024 is for continued
funding of grants awarded under Laws 2021,
First Special Session chapter 7, article 17,
section 19, as amended by Laws 2022, chapter
98, article 15, section 15. This is a onetime
appropriation and is available until June 30,
2025.
new text end

new text begin (l) Base Level Adjustment. The general fund
base is increased by $811,000 in fiscal year
2026 and increased by $811,000 in fiscal year
2027.
new text end

new text begin Subd. 15. new text end new text begin Grant Programs; Adult Mental Health Grants new text end

new text begin (8,900,000) new text end

new text begin 2,364,000 new text end

new text begin (a) Locked Intensive Residential Treatment
Services. $1,000,000 in fiscal year 2025 is for
start-up funds to intensive residential treatment
services providers to provide treatment in
locked facilities for patients meeting medical
necessity criteria and who may also be referred
for competency attainment or a competency
examination under Minnesota Statutes,
sections 611.40 to 611.59. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (b) Engagement Services Pilot Grants.
$1,500,000 in fiscal year 2025 is for
engagement services pilot grants. Of this
amount, $250,000 in fiscal year 2025 is for an
engagement services pilot grant to Otter Tail
County. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (c) Mental Health Innovation Grant
Program. $1,321,000 in fiscal year 2025 is
for the mental health innovation grant program
under Minnesota Statutes, section 245.4662.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (d) Behavioral Health Services For
Immigrant And Refugee Communities.
$354,000 in fiscal year 2025 is for a payment
to African Immigrant Community Services to
provide culturally and linguistically
appropriate services to new Americans with
disabilities, mental health needs, and substance
use disorders and to connect such individuals
with appropriate alternative service providers
to ensure continuity of care. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (e) Base Level Adjustment. The general fund
base is decreased by $1,811,000 in fiscal year
2026 and decreased by $1,811,000 in fiscal
year 2027.
new text end

new text begin Subd. 16. new text end new text begin Grant Programs; Child Mental Health Grants new text end

new text begin -0- new text end

new text begin 500,000 new text end

new text begin Youth Peer Recovery Support Services Pilot
Project. $500,000 in fiscal year 2025 is for a
grant to Hennepin County to conduct a
two-year pilot project to provide peer recovery
support services under Minnesota Statutes,
section 245G.07, subdivision 2, clause (8), to
youth between 13 and 18 years of age. The
pilot project must be conducted in partnership
with a community organization that provides
culturally specific peer recovery support
services to East African individuals and that
is working to expand peer recovery support
services for youth in Hennepin County. At the
conclusion of the pilot project, Hennepin
County must submit a report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over health and
human services detailing the implementation,
operation, and outcomes of the pilot project
and providing recommendations on expanding
youth peer recovery support services
statewide. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin Subd. 17. new text end new text begin Grant Programs; Chemical Dependency Treatment Support Grants new text end

new text begin (500,000) new text end

new text begin 2,500,000 new text end

new text begin Medical Assistance Reentry Demonstration
Grants. $2,500,000 in fiscal year 2025 is for
capacity building and implementation grants
for the medical assistance reentry
demonstration under Minnesota Statutes,
section 256B.0761. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin Subd. 18. new text end new text begin Direct Care and Treatment - Mental Health and Substance Abuse new text end

new text begin -0- new text end

new text begin 977,000 new text end

new text begin Subd. 19. new text end new text begin Direct Care and Treatment - Forensic Services new text end

new text begin -0- new text end

new text begin 7,752,000 new text end

new text begin (a) Employee incentives. $1,000,000 in fiscal
year 2025 is for incentives related to the
transition of CARE St. Peter to the forensic
mental health program. This is a onetime
appropriation.
new text end

new text begin (b) Base Level Adjustment. The general fund
base is increased by $6,612,000 in fiscal year
2026 and increased by $6,612,000 in fiscal
year 2027.
new text end

new text begin Subd. 20. new text end new text begin Direct Care and Treatment - Operations new text end

new text begin -0- new text end

new text begin 6,094,000 new text end

new text begin (a) Free Communication Services for
Patients and Clients. $1,368,000 in fiscal
year 2025 is for free communication services
under article 6, section 1. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2026.
new text end

new text begin (b) Direct Care and Treatment Capacity;
Miller Building. $1,796,000 in fiscal year
2025 is to design a replacement facility for the
Miller Building on the Anoka Metro Regional
Treatment Center campus. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (c) Direct Care and Treatment County
Correctional Facility Support Pilot
Program. $2,387,000 in fiscal year 2025 is
to establish a two-year county correctional
facility support pilot program. The pilot
program must: (1) provide education and
support to counties and county correctional
facilities on protocols and best practices for
the provision of involuntary medications for
mental health treatment; (2) provide technical
assistance to expand access to injectable
psychotropic medications in county
correctional facilities; and (3) survey county
correctional facilities and their contracted
medical providers on their capacity to provide
injectable psychotropic medications, including
involuntary administration of medications,
and barriers to providing these services. This
is a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28,
subdivision 3, this appropriation is available
until June 30, 2026.
new text end

new text begin (d) Advisory Committee for Direct Care
and Treatment. $482,000 in fiscal year 2025
is for the administration of the advisory
committee for the operation of Direct Care
and Treatment. This is a onetime
appropriation. Notwithstanding Minnesota
Statutes, section 16A.28, subdivision 3, this
appropriation is available until June 30, 2027.
new text end

new text begin (e) Base Level Adjustment. The general fund
base is increased by $31,000 in fiscal year
2026 and increased by $0 in fiscal year 2027.
new text end

new text begin Subd. 21. new text end new text begin Grant Administration Costs new text end

new text begin Notwithstanding Minnesota Statutes, section
16B.98, subdivision 14, the commissioner of
human services must not use any of the grant
amounts appropriated under this section for
administrative costs.
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 COMMISSIONER OF HEALTH new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,087,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 554,000 new text end
new text begin State Government Special Revenue new text end	new text begin -0- new text end	new text begin 533,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Health Improvement new text end

new text begin -0- new text end

new text begin 554,000 new text end

new text begin (a) Community Care Hub Grant. $500,000
in fiscal year 2025 is from the general fund
for the community care hub planning grant.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2026.
new text end

new text begin (b) Cannabis education program grants. To
achieve the net reduction in the general fund
base of $3,650,000 in fiscal year 2026 and
$3,650,000 in fiscal year 2027 for cannabis
education grants under Minnesota Statutes,
section 144.197, subdivision 4, the
commissioner must not reduce the grant
amounts distributed to Tribal health
departments.
new text end

new text begin (c) Carryforward Authority.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, $54,000 in fiscal year
2025 is available until June 30, 2026, for
administration expenses related to the
community care hub grant.
new text end

new text begin (d) Base Level Adjustment. The general fund
base is decreased by $3,650,000 in fiscal year
2026 and decreased by $3,650,000 in fiscal
year 2027.
new text end

new text begin Subd. 3. new text end new text begin Health Protection new text end

new text begin -0- new text end

new text begin 533,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin Base Level Adjustments. The state
government special revenue base is increased
by $525,000 in fiscal year 2026 and increased
by $525,000 in fiscal year 2027.
new text end

new text begin Subd. 4. new text end new text begin Grantee Evaluation Requirement new text end

new text begin For all new grants for which money is
appropriated in this act, the commissioner of
health must comply with the grantee
evaluation requirements under Minnesota
Statutes, section 16B.98, subdivision 12.
new text end

Sec. 4. new text begin COUNCIL ON DISABILITY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 400,000 new text end

new text begin $400,000 in fiscal year 2025 is for the
Legislative Task Force on Guardianship.
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 3, this appropriation is
available until June 30, 2027. This is a onetime
appropriation.
new text end

Sec. 5. new text begin DEPARTMENT OF CORRECTIONS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 1,649,000 new text end

new text begin new text begin Medical Assistance Reentry Demonstration. new text end
$1,649,000 in fiscal year 2025 is from the
general fund for planning and implementation
of the medical assistance reentry
demonstration. The base for this appropriation
is $1,924,000 in fiscal year 2026 and
$2,364,000 in fiscal year 2027.
new text end

Sec. 6. new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 5,000,000 new text end

new text begin new text begin Cedar Riverside Recreation Center. new text end
$5,000,000 in fiscal year 2025 is for a payment
to the Minneapolis Park and Recreation Board
for the design, development, and construction
of the new Cedar Riverside Recreation Center
to serve the largest immigrant population
center in the state. This is a onetime
appropriation available until June 30, 2028.
new text end

Sec. 7.

Laws 2021, First Special Session chapter 7, article 17, section 19, as amended by
Laws 2022, chapter 98, article 15, section 15, is amended to read:

Sec. 19. CENTERS FOR INDEPENDENT LIVING HCBS ACCESS GRANT.

(a) This act includes $1,200,000 in fiscal year 2022 and $1,200,000 in fiscal year 2023
for grants to expand services to support people with disabilities from underserved
communities who are ineligible for medical assistance to live in their own homes and
communities by providing accessibility modifications, independent living services, and
public health program facilitation. The commissioner of human services must award the
grants in equal amounts to grantees. To be eligible, a grantee must be an organization defined
in Minnesota Statutes, section 268A.01, subdivision 8. Any unexpended amount in fiscal
year 2022 is available through June 30, 2023. The general fund base included in this act for
this purpose is $0 in fiscal year 2024 and $0 in fiscal year 2025.

(b) All grant activities must be completed by deleted text begin March 31, 2024 deleted text end new text begin June 30, 2025 new text end .

(c) This section expires June 30, deleted text begin 2024 deleted text end new text begin 2025 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 31, 2024.
new text end

Sec. 8.

Laws 2023, chapter 53, article 21, section 6, is amended to read:

Sec. 6. TRANSFERS.

(a) In the biennium ending on June 30, 2025, the commissioner of management and
budget must transfer deleted text begin $400,000,000 deleted text end new text begin $390,000,000 new text end from the general fund to the Minnesota
forward fund account established in Minnesota Statutes, section 116J.8752, subdivision 2.
The base for this transfer is $0.

(b) In the biennium ending on June 30, 2025, the commissioner of management and
budget shall transfer $25,000,000 from the general fund to the Minnesota climate innovation
authority account established in Minnesota Statutes, section 216C.441, subdivision 11. The
base for this transfer is $0.

(c) In the biennium ending on June 30, 2025, the commissioner of management and
budget must transfer $75,000,000 from the general fund to the state competitiveness fund
account established in Minnesota Statutes, section 216C.391, subdivision 2. Notwithstanding
Minnesota Statutes, section 216C.391, subdivision 2, the commissioner of commerce must
use this transfer for grants to eligible entities for projects receiving federal loans or tax
credits where the benefits are in disadvantaged communities. The base for this transfer is
$0. Up to three percent of money transferred under this paragraph is for administrative costs.

(d) deleted text begin In the biennium ending on June 30, 2027, deleted text end The commissioners of management and
budget, in consultation with the commissioners of employment and economic development
and commerce, may transfer money between the Minnesota forward fund account, the
Minnesota climate innovation authority account, and the state competitiveness fund account.
The commissioner of management and budget must notify the Legislative Advisory
Commission within 15 days of making transfers under this paragraph.

new text begin (e) The commissioner of management and budget may transfer money from the Minnesota
forward fund account, the Minnesota climate innovation authority account, and the state
competitiveness fund account to the human services response contingency account established
under Minnesota Statutes, section 256.044, as necessary to respond to emergent state needs.
The commissioner of management and budget must notify the Legislative Advisory
Commission within 15 days of making transfers under this paragraph.
new text end

new text begin (f) The commissioner of management and budget may transfer money from the Minnesota
forward fund account, the Minnesota climate innovation authority account, and the state
competitiveness fund account to other state agencies to maximize federal funding
opportunities. Money transferred under this paragraph is appropriated to the agency that
receives the money and is available until June 30, 2027. Any money that remains unspent
is canceled to the general fund. The commissioner of management and budget must notify
the Legislative Advisory Commission 15 days prior to making transfers under this paragraph.
new text end

new text begin (g) The total amount transferred under paragraphs (e) and (f) shall not exceed
$100,000,000.
new text end

Sec. 9.

Laws 2023, chapter 53, article 21, section 7, is amended to read:

Sec. 7. APPROPRIATIONS.

(a) $50,000,000 in fiscal year 2024 is appropriated from the Minnesota forward fund
account to the commissioner of employment and economic development for providing
businesses with matching funds required by federal programs. Money awarded under this
program is made retroactive to February 1, 2023, for applications and projects. The
commissioner may use up to two percent of this appropriation for administration. This is a
onetime appropriation and is available until June 30, 2027. Any funds that remain unspent
are canceled to the general fund.

(b) $100,000,000 in fiscal year 2024 is appropriated from the Minnesota forward fund
account to the commissioner of employment and economic development to match existing
federal funds made available in the Consolidated Appropriations Act, Public Law 117-328.
This appropriation must be used to (1) construct and operate a bioindustrial manufacturing
pilot innovation facility, biorefinery, or commercial campus utilizing agricultural feedstocks
or (2) for a Minnesota aerospace center for research, development, and testing, or both (1)
and (2). This appropriation is not subject to the requirements of Minnesota Statutes,
116J.8752, subdivision 5. The commissioner may use up to two percent of this appropriation
for administration. This is a onetime appropriation and is available until June 30, 2027. Any
funds that remain unspent are canceled to the general fund.

(c) deleted text begin $250,000,000 deleted text end new text begin $240,000,000 new text end in fiscal year 2024 is appropriated from the Minnesota
forward fund account to the commissioner of employment and economic development to
match federal funds made available in the Chips and Science Act, Public Law 117-167.
Money awarded under this program is made retroactive to February 1, 2023, for applications
and projects. This appropriation is not subject to Minnesota Statutes, section 116J.8752,
subdivision 5. The commissioner may use up two percent for administration. This is a
onetime appropriation and is available until June 30, 2027. Any funds that remain unspent
are canceled to the general fund.

(d) The commissioner may use the appropriation under paragraph (c) to allocate up to
15 percent of the total project cost with a maximum of $75,000,000 per project for the
purpose of constructing, modernizing, or expanding commercial facilities on the front- and
back-end fabrication of leading-edge, current-generation, and mature-node semiconductors;
funding semiconductor materials and manufacturing equipment facilities; and for research
and development facilities.

(e) The commissioner may use the appropriation under paragraph (c) to award:

(1) grants to institutions of higher education for developing and deploying training
programs and to build pipelines to serve the needs of industry; and

(2) grants to increase the capacity of institutions of higher education to serve industrial
requirements for research and development that coincide with current and future requirements
of projects eligible under this section. Grant money may be used to construct and equip
facilities that serve the purpose of the industry. The maximum grant award per institution
of higher education under this section is $5,000,000 and may not represent more than 50
percent of the total project funding from other sources. Use of this funding must be supported
by businesses receiving funds under clause (1).

(f) Money appropriated in paragraphs (a), (b), and (c) may be transferred between
appropriations within the Minnesota forward fund account by the commissioner of
employment and economic development with approval of the commissioner of management
and budget. The commissioner must notify the Legislative Advisory Commission at least
15 days prior to changing appropriations under this paragraph.

Sec. 10.

Laws 2023, chapter 61, article 1, section 67, subdivision 3, is amended to read:

Subd. 3.

Evaluation and report.

(a) The Metropolitan Center for Independent Living
must contract with a third party to evaluate the pilot project's impact on health care costs,
retention of personal care assistants, and patients' and providers' satisfaction of care. The
evaluation must include the number of participants, the hours of care provided by participants,
and the retention of participants from semester to semester.

(b) By January 15, deleted text begin 2025 deleted text end new text begin 2026 new text end , the Metropolitan Center for Independent Living must
report the findings under paragraph (a) to the chairs and ranking minority members of the
legislative committees with jurisdiction over human services finance and policy.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Laws 2023, chapter 61, article 4, section 11, the effective date, is amended to
read:

EFFECTIVE DATE.

This section is effective January 1, deleted text begin 2024 deleted text end new text begin 2026 new text end , or upon federal
approval, whichever is later. The commissioner shall notify the revisor of statutes when
federal approval is obtained.

Sec. 12.

Laws 2023, chapter 61, article 9, section 2, subdivision 5, is amended to read:

Subd. 5. Central Office; Aging and Disability Services

40,115,000

11,995,000

(a) Employment Supports Alignment Study.
$50,000 in fiscal year 2024 and $200,000 in
fiscal year 2025 are to conduct an interagency
employment supports alignment study. The
base for this appropriation is $150,000 in fiscal
year 2026 and $100,000 in fiscal year 2027.

(b) Case Management Training
Curriculum. $377,000 in fiscal year 2024 and
$377,000 in fiscal year 2025 are to develop
and implement a curriculum and training plan
to ensure all lead agency assessors and case
managers have the knowledge and skills
necessary to fulfill support planning and
coordination responsibilities for individuals
who use home and community-based disability
services and live in own-home settings. This
is a onetime appropriation.

(c) Office of Ombudsperson for Long-Term
Care. $875,000 in fiscal year 2024 and
$875,000 in fiscal year 2025 are for additional
staff and associated direct costs in the Office
of Ombudsperson for Long-Term Care.

(d) Direct Care Services Corps Pilot Project.
$500,000 in fiscal year 2024 is from the
general fund for a grant to the Metropolitan
Center for Independent Living for the direct
care services corps pilot project. Up to $25,000
may be used by the Metropolitan Center for
Independent Living for administrative costs.
This is a onetime appropriation new text begin and is
available until June 30, 2026 new text end .

(e) Research on Access to Long-Term Care
Services and Financing. Any unexpended
amount of the fiscal year 2023 appropriation
referenced in Laws 2021, First Special Session
chapter 7, article 17, section 16, estimated to
be $300,000, is canceled. The amount canceled
is appropriated in fiscal year 2024 for the same
purpose.

(f) Native American Elder Coordinator.
$441,000 in fiscal year 2024 and $441,000 in
fiscal year 2025 are for the Native American
elder coordinator position under Minnesota
Statutes, section 256.975, subdivision 6.

(g) Grant Administration Carryforward.

(1) Of this amount, $8,154,000 in fiscal year
2024 is available until June 30, 2027.

(2) Of this amount, $1,071,000 in fiscal year
2025 is available until June 30, 2027.

(3) Of this amount, $19,000,000 in fiscal year
2024 is available until June 30, 2029.

(h) Base Level Adjustment. The general fund
base is increased by $8,189,000 in fiscal year
2026 and increased by $8,093,000 in fiscal
year 2027.

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Laws 2023, chapter 61, article 9, section 2, subdivision 14, is amended to read:

Subd. 14. Grant Programs; Aging and Adult Services Grants

164,626,000

34,795,000

(a) Vulnerable Adult Act Redesign Phase
Two. $17,129,000 in fiscal year 2024 is for
adult protection grants to counties and Tribes
under Minnesota Statutes, section 256M.42.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. The base for this appropriation
is $866,000 in fiscal year 2026 and $867,000
in fiscal year 2027.

(b) Caregiver Respite Services Grants.
$1,800,000 in fiscal year 2025 is for caregiver
respite services grants under Minnesota
Statutes, section 256.9756. This is a onetime
appropriation.

(c) Live Well at Home Grants. $4,575,000
in fiscal year 2024 is for live well at home
grants under Minnesota Statutes, section
256.9754, subdivision 3f. This is a onetime
appropriation and is available until June 30,
2025.

(d) Senior Nutrition Program. $10,552,000
in fiscal year 2024 is for the senior nutrition
program. Notwithstanding Minnesota Statutes,
section 16A.28, this appropriation is available
until June 30, 2027. This is a onetime
appropriation.

(e) Age-Friendly Community Grants.
$3,000,000 in fiscal year 2024 is for the
continuation of age-friendly community grants
under Laws 2021, First Special Session
chapter 7, article 17, section 8, subdivision 1.
Notwithstanding Minnesota Statutes, section
16A.28, this is a onetime appropriation and is
available until June 30, 2027.

(f) Age-Friendly Technical Assistance
Grants. $1,725,000 in fiscal year 2024 is for
the continuation of age-friendly technical
assistance grants under Laws 2021, First
Special Session chapter 7, article 17, section
8, subdivision 2. Notwithstanding Minnesota
Statutes, section 16A.28, this is a onetime
appropriation and is available until June 30,
2027.

(g) deleted text begin Financially Distressed Nursing Facility deleted text end new text begin
Long-Term Services and Supports new text end Loan
Program. $93,200,000 in fiscal year 2024 is
for the deleted text begin financially distressed nursing facility deleted text end new text begin
long-term services and supports new text end loan program
under Minnesota Statutes, section 256R.55,
and is available as provided therein.

(h) Base Level Adjustment. The general fund
base is $33,861,000 in fiscal year 2026 and
$33,862,000 in fiscal year 2027.

Sec. 14.

Laws 2023, chapter 61, article 9, section 2, subdivision 16, as amended by Laws
2023, chapter 70, article 15, section 8, is amended to read:

Subd. 16. Grant Programs; Disabilities Grants

113,684,000

30,377,000

(a) Temporary Grants for Small
Customized Living Providers. $5,450,000
in fiscal year 2024 is for grants to assist small
customized living providers to transition to
community residential services licensure or
integrated community supports licensure.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. This is a onetime appropriation.

(b) Lead Agency Capacity Building Grants.
$444,000 in fiscal year 2024 and $2,396,000
in fiscal year 2025 are for grants to assist
organizations, counties, and Tribes to build
capacity for employment opportunities for
people with disabilities. The base for this
appropriation is $2,413,000 in fiscal year 2026
and $2,411,000 in fiscal year 2027.

(c) Employment and Technical Assistance
Center Grants. $450,000 in fiscal year 2024
and $1,800,000 in fiscal year 2025 are for
employment and technical assistance grants
to assist organizations and employers in
promoting a more inclusive workplace for
people with disabilities.

(d) Case Management Training Grants.
$37,000 in fiscal year 2024 and $123,000 in
fiscal year 2025 are for grants to provide case
management training to organizations and
employers to support the state's disability
employment supports system. The base for
this appropriation is $45,000 in fiscal year
2026 and $45,000 in fiscal year 2027.

(e) Self-Directed Bargaining Agreement;
Electronic Visit Verification Stipends.
$6,095,000 in fiscal year 2024 is for onetime
stipends of $200 to bargaining members to
offset the potential costs related to people
using individual devices to access the
electronic visit verification system. Of this
amount, $5,600,000 is for stipends and
$495,000 is for administration. This is a
onetime appropriation and is available until
June 30, 2025.

(f) Self-Directed Collective Bargaining
Agreement; Temporary Rate Increase
Memorandum of Understanding. $1,600,000
in fiscal year 2024 is for onetime stipends for
individual providers covered by the SEIU
collective bargaining agreement based on the
memorandum of understanding related to the
temporary rate increase in effect between
December 1, 2020, and February 7, 2021. Of
this amount, $1,400,000 of the appropriation
is for stipends and $200,000 is for
administration. This is a onetime
appropriation.

(g) Self-Directed Collective Bargaining
Agreement; Retention Bonuses. $50,750,000
in fiscal year 2024 is for onetime retention
bonuses covered by the SEIU collective
bargaining agreement. Of this amount,
$50,000,000 is for retention bonuses and
$750,000 is for administration of the bonuses.
This is a onetime appropriation and is
available until June 30, 2025.

(h) Self-Directed Bargaining Agreement;
Training Stipends. $2,100,000 in fiscal year
2024 and $100,000 in fiscal year 2025 are for
onetime stipends of $500 for collective
bargaining unit members who complete
designated, voluntary trainings made available
through or recommended by the State Provider
Cooperation Committee. Of this amount,
$2,000,000 in fiscal year 2024 is for stipends,
and $100,000 in fiscal year 2024 and $100,000
in fiscal year 2025 are for administration. This
is a onetime appropriation.

(i) Self-Directed Bargaining Agreement;
Orientation Program. $2,000,000 in fiscal
year 2024 and $2,000,000 in fiscal year 2025
are for onetime $100 payments to collective
bargaining unit members who complete
voluntary orientation requirements. Of this
amount, $1,500,000 in fiscal year 2024 and
$1,500,000 in fiscal year 2025 are for the
onetime $100 payments, and $500,000 in
fiscal year 2024 and $500,000 in fiscal year
2025 are for orientation-related costs. This is
a onetime appropriation.

(j) Self-Directed Bargaining Agreement;
Home Care Orientation Trust. $1,000,000
in fiscal year 2024 is for the Home Care
Orientation Trust under Minnesota Statutes,
section 179A.54, subdivision 11. The
commissioner shall disburse the appropriation
to the board of trustees of the Home Care
Orientation Trust for deposit into an account
designated by the board of trustees outside the
state treasury and state's accounting system.
This is a onetime appropriation new text begin and is
available until June 30, 2025 new text end .

(k) HIV/AIDS Supportive Services.
$12,100,000 in fiscal year 2024 is for grants
to community-based HIV/AIDS supportive
services providers as defined in Minnesota
Statutes, section 256.01, subdivision 19, and
for payment of allowed health care costs as
defined in Minnesota Statutes, section
256.9365. This is a onetime appropriation and
is available until June 30, 2025.

(l) Motion Analysis Advancements Clinical
Study and Patient Care. $400,000 is fiscal
year 2024 is for a grant to the Mayo Clinic
Motion Analysis Laboratory and Limb Lab
for continued research in motion analysis
advancements and patient care. This is a
onetime appropriation and is available through
June 30, 2025.

(m) Grant to Family Voices in Minnesota.
$75,000 in fiscal year 2024 and $75,000 in
fiscal year 2025 are for a grant to Family
Voices in Minnesota under Minnesota
Statutes, section 256.4776.

(n) Parent-to-Parent Programs.

(1) $550,000 in fiscal year 2024 and $550,000
in fiscal year 2025 are for grants to
organizations that provide services to
underserved communities with a high
prevalence of autism spectrum disorder. This
is a onetime appropriation and is available
until June 30, 2025.

(2) The commissioner shall give priority to
organizations that provide culturally specific
and culturally responsive services.

(3) Eligible organizations must:

(i) conduct outreach and provide support to
newly identified parents or guardians of a child
with special health care needs;

(ii) provide training to educate parents and
guardians in ways to support their child and
navigate the health, education, and human
services systems;

(iii) facilitate ongoing peer support for parents
and guardians from trained volunteer support
parents; and

(iv) communicate regularly with other
parent-to-parent programs and national
organizations to ensure that best practices are
implemented.

(4) Grant recipients must use grant money for
the activities identified in clause (3).

(5) For purposes of this paragraph, "special
health care needs" means disabilities, chronic
illnesses or conditions, health-related
educational or behavioral problems, or the risk
of developing disabilities, illnesses, conditions,
or problems.

(6) Each grant recipient must report to the
commissioner of human services annually by
January 15 with measurable outcomes from
programs and services funded by this
appropriation the previous year including the
number of families served and the number of
volunteer support parents trained by the
organization's parent-to-parent program.

(o) Self-Advocacy Grants for Persons with
Intellectual and Developmental Disabilities.
$323,000 in fiscal year 2024 and $323,000 in
fiscal year 2025 are for self-advocacy grants
under Minnesota Statutes, section 256.477.
new text begin This is a onetime appropriation. new text end Of these
amounts, $218,000 in fiscal year 2024 and
$218,000 in fiscal year 2025 are for the
activities under Minnesota Statutes, section
256.477, subdivision 1, paragraph (a), clauses
(5) to (7), and for administrative costs, and
$105,000 in fiscal year 2024 and $105,000 in
fiscal year 2025 are for the activities under
Minnesota Statutes, section 256.477,
subdivision 2.

(p) Technology for Home Grants. $300,000
in fiscal year 2024 and $300,000 in fiscal year
2025 are for technology for home grants under
Minnesota Statutes, section 256.4773.

(q) Community Residential Setting
Transition. $500,000 in fiscal year 2024 is
for a grant to Hennepin County to expedite
approval of community residential setting
licenses subject to the corporate foster care
moratorium exception under Minnesota
Statutes, section 245A.03, subdivision 7,
paragraph (a), clause (5).

(r) Base Level Adjustment. The general fund
base is $27,343,000 in fiscal year 2026 and
$27,016,000 in fiscal year 2027.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Laws 2023, chapter 61, article 9, section 2, subdivision 18, is amended to read:

Subd. 18. Grant Programs; Chemical Dependency Treatment Support Grants

Appropriations by Fund
General	54,691,000	5,342,000
Lottery Prize	1,733,000	1,733,000

(a) Culturally Specific Recovery
Community Organization Start-Up Grants.
$4,000,000 in fiscal year 2024 is for culturally
specific recovery community organization
start-up grants. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is
available until June 30, 2027. This is a onetime
appropriation.

(b) Safe Recovery Sites. $14,537,000 in fiscal
year 2024 is from the general fund for start-up
and capacity-building grants for organizations
to establish safe recovery sites.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is onetime and is
available until June 30, 2029.

(c) Technical Assistance for Culturally
Specific Organizations; Culturally Specific
Services Grants. $4,000,000 in fiscal year
2024 is for grants to culturally specific
providers for technical assistance navigating
culturally specific and responsive substance
use and recovery programs. Notwithstanding
Minnesota Statutes, section 16A.28, this
appropriation is available until June 30, 2027.

(d) Technical Assistance for Culturally
Specific Organizations; Culturally Specific
Grant Development Training. $400,000 in
fiscal year 2024 is for grants for up to four
trainings for community members and
culturally specific providers for grant writing
training for substance use and recovery-related
grants. Notwithstanding Minnesota Statutes,
section 16A.28, this is a onetime appropriation
and is available until June 30, 2027.

(e) Harm Reduction Supplies for Tribal and
Culturally Specific Programs. $7,597,000
in fiscal year 2024 is from the general fund to
provide sole source grants to culturally
specific communities to purchase syringes,
testing supplies, and opiate antagonists.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. This is a onetime appropriation.

(f) Families and Family Treatment
Capacity-Building and Start-Up Grants.
$10,000,000 in fiscal year 2024 is from the
general fund for start-up and capacity-building
grants for family substance use disorder
treatment programs. Notwithstanding
Minnesota Statutes, section 16A.28, this
appropriation is available until June 30, 2029.
This is a onetime appropriation.

(g) Start-Up and Capacity Building Grants
for Withdrawal Management. deleted text begin $500,000 deleted text end new text begin $0 new text end
in fiscal year 2024 and $1,000,000 in fiscal
year 2025 are for start-up and capacity
building grants for withdrawal management.

(h) Recovery Community Organization
Grants. $4,300,000 in fiscal year 2024 is from
the general fund for grants to recovery
community organizations, as defined in
Minnesota Statutes, section 254B.01,
subdivision 8, that are current grantees as of
June 30, 2023. This is a onetime appropriation
and is available until June 30, 2025.

(i) Opioid Overdose Prevention Grants.

(1) $125,000 in fiscal year 2024 and $125,000
in fiscal year 2025 are from the general fund
for a grant to Ka Joog, a nonprofit organization
in Minneapolis, Minnesota, to be used for
collaborative outreach, education, and training
on opioid use and overdose, and distribution
of opiate antagonist kits in East African and
Somali communities in Minnesota. This is a
onetime appropriation.

(2) $125,000 in fiscal year 2024 and $125,000
in fiscal year 2025 are from the general fund
for a grant to the Steve Rummler Hope
Network to be used for statewide outreach,
education, and training on opioid use and
overdose, and distribution of opiate antagonist
kits. This is a onetime appropriation.

(3) $250,000 in fiscal year 2024 and $250,000
in fiscal year 2025 are from the general fund
for a grant to African Career Education and
Resource, Inc. to be used for collaborative
outreach, education, and training on opioid
use and overdose, and distribution of opiate
antagonist kits. This is a onetime
appropriation.

(j) Problem Gambling. $225,000 in fiscal
year 2024 and $225,000 in fiscal year 2025
are from the lottery prize fund for a grant to a
state affiliate recognized by the National
Council on Problem Gambling. The affiliate
must provide services to increase public
awareness of problem gambling, education,
training for individuals and organizations that
provide effective treatment services to problem
gamblers and their families, and research
related to problem gambling.

(k) Project ECHO. $1,310,000 in fiscal year
2024 and $1,295,000 in fiscal year 2025 are
from the general fund for a grant to Hennepin
Healthcare to expand the Project ECHO
program. The grant must be used to establish
at least four substance use disorder-focused
Project ECHO programs at Hennepin
Healthcare, expanding the grantee's capacity
to improve health and substance use disorder
outcomes for diverse populations of
individuals enrolled in medical assistance,
including but not limited to immigrants,
individuals who are homeless, individuals
seeking maternal and perinatal care, and other
underserved populations. The Project ECHO
programs funded under this section must be
culturally responsive, and the grantee must
contract with culturally and linguistically
appropriate substance use disorder service
providers who have expertise in focus areas,
based on the populations served. Grant funds
may be used for program administration,
equipment, provider reimbursement, and
staffing hours. This is a onetime appropriation new text begin
and is available until June 30, 2027 new text end .

(l) White Earth Nation Substance Use
Disorder Digital Therapy Tool. $3,000,000
in fiscal year 2024 is from the general fund
for a grant to the White Earth Nation to
develop an individualized Native American
centric digital therapy tool with Pathfinder
Solutions. This is a onetime appropriation.
The grant must be used to:

(1) develop a mobile application that is
culturally tailored to connecting substance use
disorder resources with White Earth Nation
members;

(2) convene a planning circle with White Earth
Nation members to design the tool;

(3) provide and expand White Earth
Nation-specific substance use disorder
services; and

(4) partner with an academic research
institution to evaluate the efficacy of the
program.

(m) Wellness in the Woods. $300,000 in
fiscal year 2024 and $300,000 in fiscal year
2025 are from the general fund for a grant to
Wellness in the Woods for daily peer support
and special sessions for individuals who are
in substance use disorder recovery, are
transitioning out of incarceration, or who have
experienced trauma. These are onetime
appropriations.

(n) Base Level Adjustment. The general fund
base is $3,247,000 in fiscal year 2026 and
$3,247,000 in fiscal year 2027.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Laws 2023, chapter 70, article 20, section 2, subdivision 29, is amended to read:

Subd. 29. Grant Programs; Adult Mental Health Grants

132,327,000

121,270,000

(a) Mobile crisis grants to Tribal Nations.
$1,000,000 in fiscal year 2024 and $1,000,000
in fiscal year 2025 are for mobile crisis grants
under Minnesota Statutes deleted text begin section deleted text end new text begin sections new text end
245.4661, subdivision 9, paragraph (b), clause
(15), new text begin and 245.4889, subdivision 1, paragraph
(b), clause (4), new text end to Tribal Nations.

(b) Mental health provider supervision
grant program. $1,500,000 in fiscal year
2024 and $1,500,000 in fiscal year 2025 are
for the mental health provider supervision
grant program under Minnesota Statutes,
section 245.4663.

(c) Minnesota State University, Mankato
community behavioral health center.
$750,000 in fiscal year 2024 and $750,000 in
fiscal year 2025 are for a grant to the Center
for Rural Behavioral Health at Minnesota State
University, Mankato to establish a community
behavioral health center and training clinic.
The community behavioral health center must
provide comprehensive, culturally specific,
trauma-informed, practice- and
evidence-based, person- and family-centered
mental health and substance use disorder
treatment services in Blue Earth County and
the surrounding region to individuals of all
ages, regardless of an individual's ability to
pay or place of residence. The community
behavioral health center and training clinic
must also provide training and workforce
development opportunities to students enrolled
in the university's training programs in the
fields of social work, counseling and student
personnel, alcohol and drug studies,
psychology, and nursing. Upon request, the
commissioner must make information
regarding the use of this grant funding
available to the chairs and ranking minority
members of the legislative committees with
jurisdiction over behavioral health. This is a
onetime appropriation and is available until
June 30, 2027.

(d) White Earth Nation; adult mental health
initiative. $300,000 in fiscal year 2024 and
$300,000 in fiscal year 2025 are for adult
mental health initiative grants to the White
Earth Nation. This is a onetime appropriation.

(e) Mobile crisis grants. $8,472,000 in fiscal
year 2024 and $8,380,000 in fiscal year 2025
are for the mobile crisis grants under
Minnesota Statutes, deleted text begin section deleted text end new text begin sections new text end 245.4661,
subdivision 9, paragraph (b), clause (15) new text begin , and
245.4889, subdivision 1, paragraph (b), clause
(4) new text end . This is a onetime appropriation and is
available until June 30, 2027.

(f) Base level adjustment. The general fund
base is $121,980,000 in fiscal year 2026 and
$121,980,000 in fiscal year 2027.

Sec. 17. new text begin REIMBURSEMENT TO BELTRAMI COUNTY AND TODD COUNTY
FOR CERTAIN COST OF CARE PAYMENTS.
new text end

new text begin This act includes $336,680 in fiscal year 2025 for reimbursement of prior payments by
Beltrami County and the forgiveness of existing Beltrami County debt under article 4,
section 8, paragraph (a), and $387,000 in fiscal year 2025 for reimbursement of prior
payments by Todd County and the forgiveness of existing Todd County debt under article
4, section 8, paragraph (b).
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. 18. new text begin REVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes 2022, section 256B.051, subdivision 7, is revived and reenacted
effective retroactively from August 1, 2023. Any time frames within or dependent on the
subdivision are based on the original effective date in Laws 2017, First Special Session
chapter 6, article 2, section 10.
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. 19. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end

new text begin If an appropriation or transfer in this article is enacted more than once during the 2024
legislative session, the appropriation or transfer must be given effect once.
new text end

Sec. 20. new text begin DIRECTION TO COMMISSIONER OF MANAGEMENT AND BUDGET;
DIRECT CARE AND TREATMENT BUDGET.
new text end

new text begin The commissioner of management and budget must identify any unexpended
appropriations and all base funding for the Direct Care and Treatment Division of the
Department of Human Services and allocate the identified unexpended appropriations and
base funding to Direct Care and Treatment when establishing the 2026-2027 biennial budget.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Laws 2023, chapter 25, section 190, subdivision 10, 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

Sec. 22. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2025, unless a
different expiration date is explicit.
new text end

Sec. 23. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2024, unless a different effective date is specified.
new text end

APPENDIX

Repealed Minnesota Statutes: S5335-4

246.41 BENEFIT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.

Subdivision 1.

Acceptance.

The commissioner of human services is authorized to accept, for and in behalf of the state, contributions of money for the use and benefit of persons with developmental disabilities.

Subd. 2.

Special welfare fund.

Any money so received by the commissioner shall be deposited with the commissioner of management and budget in a special welfare fund, which fund is to be used by the commissioner of human services for the benefit of persons with developmental disabilities within the state, including those within state hospitals. And, without excluding other possible uses, research relating to persons with developmental disabilities shall be considered an appropriate use of such funds; but such funds shall not be used for any structures or installations which by their nature would require state expenditures for their operation or maintenance without specific legislative enactment therefor.

Subd. 3.

Appropriation.

There is hereby appropriated from the special welfare fund in the state treasury to such persons as are entitled thereto to carry out the provisions stated in this section.

246C.03 TRANSITION OF AUTHORITY; DEVELOPMENT OF A BOARD.

Subdivision 1.

Authority until board is developed and powers defined.

On July 1, 2023, the commissioner of human services shall continue to exercise all authorities and responsibilities under chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, until legislation is effective that develops the Department of Direct Care and Treatment executive board and defines the responsibilities and powers of the Department of Direct Care and Treatment and its executive board.

Subd. 2.

Development of Department of Direct Care and Treatment Board.

(a) The commissioner of human services shall prepare legislation for introduction during the 2024 legislative session, with input from stakeholders the commissioner deems necessary, proposing legislation for the creation and implementation of the Direct Care and Treatment executive board and defining the responsibilities, powers, and function of the Department of Direct Care and Treatment executive board.

(b) The Department of Direct Care and Treatment executive board shall consist of no more than five members, all appointed by the governor.

(c) An executive board member's qualifications must be appropriate for overseeing a complex behavioral health system, such as experience serving on a hospital or non-profit board, serving as a public sector labor union representative, experience in delivery of behavioral health services or care coordination, or working as a licensed health care provider, in an allied health profession, or in health care administration.

252.27 CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.

Subd. 1a.

Definitions.

A "related condition" is a condition: (1) that is found to be closely related to a developmental disability, including, but not limited to, cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi syndrome; and (2) that meets all of the following criteria:

(i) is severe and chronic;

(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with developmental disabilities;

(iii) requires treatment or services similar to those required for persons with developmental disabilities;

(iv) is manifested before the person reaches 22 years of age;

(v) is likely to continue indefinitely;

(vi) results in substantial functional limitations in three or more of the following areas of major life activity: (A) self-care, (B) understanding and use of language, (C) learning, (D) mobility, (E) self-direction, or (F) capacity for independent living; and

(vii) is not attributable to mental illness as defined in section 245.462, subdivision 20, or an emotional disturbance as defined in section 245.4871, subdivision 15.

For purposes of item (vii), notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15, "mental illness" does not include autism or other pervasive developmental disorders.

Subd. 2.

Parental responsibility.

Responsibility of the parents for the cost of services shall be based upon ability to pay. The state agency shall adopt rules to determine responsibility of the parents for the cost of services when:

(1) insurance or other health care benefits pay some but not all of the cost of services; and

(2) no insurance or other health care benefits are available.

Subd. 2a.

Contribution amount.

(a) The natural or adoptive parents of a minor child, not including a child determined eligible for medical assistance without consideration of parental income under the Tax Equity and Fiscal Responsibility Act (TEFRA) option or a child accessing home and community-based waiver services, must contribute to the cost of services used by making monthly payments on a sliding scale based on income, unless the child is married or has been married, parental rights have been terminated, or the child's adoption is subsidized according to chapter 259A or through title IV-E of the Social Security Act. The parental contribution is a partial or full payment for medical services provided for diagnostic, therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care services as defined in United States Code, title 26, section 213, needed by the child with a chronic illness or disability.

(b) For households with adjusted gross income equal to or greater than 275 percent of federal poverty guidelines, the parental contribution shall be computed by applying the following schedule of rates to the adjusted gross income of the natural or adoptive parents:

(1) if the adjusted gross income is equal to or greater than 275 percent of federal poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 1.65 percent of adjusted gross income at 275 percent of federal poverty guidelines and increases to 4.5 percent of adjusted gross income for those with adjusted gross income up to 545 percent of federal poverty guidelines;

(2) if the adjusted gross income is greater than 545 percent of federal poverty guidelines and less than 675 percent of federal poverty guidelines, the parental contribution shall be 4.5 percent of adjusted gross income;

(3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 4.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to 5.99 percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and

(4) if the adjusted gross income is equal to or greater than 975 percent of federal poverty guidelines, the parental contribution shall be 7.49 percent of adjusted gross income.

If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.

(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.

(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.

(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.

(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).

(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.

Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, in the 12 months prior to July 1:

(1) the parent applied for insurance for the child;

(2) the insurer denied insurance;

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

For purposes of this section, "insurance" has the meaning given in paragraph (h).

A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including but not limited to the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.

Subd. 3.

Civil actions.

If the parent fails to make appropriate reimbursement as required in subdivisions 2a and 2b, the attorney general, at the request of the commissioner, may institute or direct the appropriate county attorney to institute civil action to recover the required reimbursement.

Subd. 4a.

Order of payment.

If the parental contribution is for reimbursement for the cost of services to both the local agency and the medical assistance program, the local agency shall be reimbursed for its expenses first and the remainder must be deposited in the medical assistance account.

Subd. 5.

Determination; redetermination; notice.

A determination order and notice of parental fee shall be mailed to the parent at least annually, or more frequently as provided in Minnesota Rules, parts 9550.6220 to 9550.6229. The determination order and notice shall contain the following information:

(1) the amount the parent is required to contribute;

(2) notice of the right to a redetermination and appeal; and

(3) the telephone number of the division at the Department of Human Services that is responsible for redeterminations.

Subd. 6.

Appeals.

A parent may appeal the determination or redetermination of an obligation to make a contribution under this section, according to section 256.045. The parent must make a request for a hearing in writing within 30 days of the date the determination or redetermination order is mailed, or within 90 days of such written notice if the parent shows good cause why the request was not submitted within the 30-day time limit. The commissioner must provide the parent with a written notice that acknowledges receipt of the request and notifies the parent of the date of the hearing. While the appeal is pending, the parent has the rights regarding making payment that are provided in Minnesota Rules, part 9550.6235. If the commissioner's determination or redetermination is affirmed, the parent shall, within 90 calendar days after the date an order is issued under section 256.045, subdivision 5, pay the total amount due from the effective date of the notice of determination or redetermination that was appealed by the parent. If the commissioner's order under this subdivision results in a decrease in the parental fee amount, any payments made by the parent that result in an overpayment shall be credited to the parent as provided in Minnesota Rules, part 9550.6235, subpart 3.

253C.01 REPORTING BY RESIDENTIAL TREATMENT PROGRAMS REQUIRED.

Subdivision 1.

Definition.

As used in this section, "residential program" means (1) a hospital-based primary treatment program that provides residential treatment to minors with emotional disturbance as defined by the Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to provide services to minors on a 24-hour basis.

Subd. 2.

Information required.

Beginning June 1, 1986, each residential program shall collect the information listed in this subdivision. Each residential program shall provide the required information annually on a date to be determined by the commissioner of human services. All residential programs shall report to the commissioner of human services. The summary reports on each program are public data and must contain at least the following information for the period covered by the report:

(1) number of minors admitted to the program;

(2) number of minors discharged from the program;

(3) number of minors served during the reporting period;

(4) number of minors who remained in residence for less than 30 days;

(5) number of minors who remained in residence for between 30 and 60 days;

(6) number of minors who remained in residence for more than 60 days;

(7) average length of stay of minors in the program;

(8) number of minors who have received psychotropic medications as part of treatment in the program;

(9) age, race, and sex of each minor admitted to the program;

(10) number of minors admitted who have previously had residential treatment;

(11) number of minors discharged who are on private pay or third-party reimbursement payment and number who are receiving government funds for treatment;

(12) the county of residence of discharged minors;

(13) number of admitted minors whose admission is court-ordered; and

(14) number of beds on a locked unit and number of beds on an unlocked unit.

Subd. 3.

Release and summary of data.

The reporting requirement of this section must not release individual names of minors or other identifying information. The commissioner of health and the commissioner of human services shall make the reports available to interested persons upon request.

256.043 OPIATE EPIDEMIC RESPONSE FUND.

Subd. 4.

Settlement; sunset.

(a) If the state receives a total sum of $250,000,000: (1) as a result of a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state or resulting from a court order in litigation brought by the attorney general of the state on behalf of the state or a state agency, related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of opioids in this state, or other alleged illegal actions that contributed to the excessive use of opioids; (2) from the fees collected under sections 151.065, subdivisions 1 and 3, and 151.066, that are deposited into the opiate epidemic response fund established in this section; or (3) from a combination of both, the fees specified in section 151.065, subdivisions 1, clause (16), and 3, clause (14), shall be reduced to $5,260, and the opiate registration fee in section 151.066, subdivision 3, shall be repealed. For purposes of this paragraph, any money received as a result of a settlement agreement specified in this paragraph and directly allocated or distributed and received by either the state or a municipality as defined in section 466.01, subdivision 1, shall be counted toward determining when the $250,000,000 is reached.

(b) The commissioner of management and budget shall inform the Board of Pharmacy, the governor, and the legislature when the amount specified in paragraph (a) has been reached. The board shall apply the reduced license fee for the next licensure period.

(c) Notwithstanding paragraph (a), the reduction of the license fee in section 151.065, subdivisions 1 and 3, and the repeal of the registration fee in section 151.066 shall not occur before July 1, 2031.

256B.0916 EXPANSION OF HOME AND COMMUNITY-BASED SERVICES.

Subd. 10.

Transitional supports allowance.

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 setup costs, including telephone;

(4) essential furnishings and supplies; and

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