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SF 3782

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2020 04:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to human services; establishing state policy regarding disability services;
modifying disability waiver reconfiguration project; amending Laws 2019, First
Special Session chapter 9, article 5, section 86; proposing coding for new law in
Minnesota Statutes, chapter 256B.

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

Section 1.

new text begin [256B.4905] HOME AND COMMUNITY-BASED SERVICES POLICY
STATEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Employment first policy. new text end

new text begin It is the policy of this state that all working-age
Minnesotans with disabilities can work, want to work, and can achieve competitive integrated
employment, and that each working-age Minnesotan with a disability be offered the
opportunity to work and earn a competitive wage before being offered other supports and
services.
new text end

new text begin Subd. 2. new text end

new text begin Employment first implementation for disability waiver services. new text end

new text begin The
commissioner of human services shall ensure that:
new text end

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

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

new text begin Subd. 3. new text end

new text begin Independent living first policy. new text end

new text begin It is the policy of this state that all adult
Minnesotans with disabilities can and want to live independently with proper supports and
services; and that each adult Minnesotan with a disability be offered the opportunity to live
as independently as possible before being offered supports and services in provider-controlled
settings.
new text end

new text begin Subd. 4. new text end

new text begin Independent living first implementation for disability waiver services. new text end

new text begin The
commissioner of human services shall ensure that:
new text end

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

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

new text begin Subd. 5. new text end

new text begin Self-direction first policy. new text end

new text begin It is the policy of this state that adult Minnesotans
with disabilities and families of children with disabilities can and want to use self-directed
services and supports; and that each adult Minnesotan with a disability and each family of
the child with a disability be offered the opportunity to choose self-directed services and
supports before being offered services and supports that are not self-directed.
new text end

new text begin Subd. 6. new text end

new text begin Self-directed first implementation for disability waiver services. new text end

new text begin The
commissioner of human services shall ensure that:
new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Laws 2019, First Special Session chapter 9, article 5, section 86, is amended to
read:


Sec. 86. DISABILITY WAIVER RECONFIGURATION.

Subdivision 1.

Intent.

It is the intent of the legislature to reform the medical assistance
waiver programs for people with disabilities to simplify administration of the programsdeleted text begin,deleted text endnew text begin.
Disability waiver reconfiguration must
new text end incentivize inclusivenew text begin,new text end person-centerednew text begin, individualizednew text end
supportsdeleted text begin,deleted text end new text beginand services; new text endenhance each person's new text beginself-determination and new text endpersonal authority
over the person's service choicedeleted text begin,deleted text endnew text begin;new text end align benefits across waiversdeleted text begin, encouragedeleted text endnew text begin; ensurenew text end equity
across programs and populationsdeleted text begin, anddeleted text endnew text begin;new text end promote long-term sustainability of deleted text beginneededdeleted text endnew text begin waivernew text end
servicesdeleted text begin. To the maximum extent possible, the Disability waiver reconfiguration mustdeleted text endnew text begin; andnew text end
maintain service stability and continuity of caredeleted text begin,deleted text end while new text beginprioritizing, new text endpromoting deleted text beginthe mostdeleted text endnew text begin,
and creating incentives for
new text end independent deleted text beginanddeleted text endnew text begin,new text end integratednew text begin, and individualizednew text end supports deleted text beginof each
person's choosing in both short- and long-term
deleted text end new text beginand services chosen by each person through
an informed decision-making process and person-centered
new text endplanning.

Subd. 2.

Report.

By January 15, 2021, the commissioner of human services shall submit
a report to the members of the legislative committees with jurisdiction over human services
on any necessary waivers, state plan amendments, requests for new funding or realignment
of existing funds, any changes to state statute or rule, and any other federal authority
necessary to implement this section. The report must include information about the
commissioner's work to collect feedback and input from providers, persons accessing home
and community-based services waivers and their families, and client advocacy organizations.

Subd. 3.

Proposal.

By January 15, 2021, the commissioner shall develop a proposal to
reconfigure the medical assistance waivers provided in sections 256B.092 and 256B.49.
The proposal shall include all necessary plans for implementing two home and
community-based services waiver programs, as authorized under section 1915(c) of the
Social Security Act that serve persons who are determined to require the levels of care
provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care
facility for persons with developmental disabilities. new text beginThe proposal must include in each home
and community-based waiver program options to self-direct services.
new text endBefore submitting
the final report to the legislature, the commissioner shall publish a draft report with sufficient
time for interested persons to offer additional feedback.

new text begin EFFECTIVE DATE. new text end

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