HF 2421

as introduced - 94th Legislature (2025 - 2026) Posted on 04/28/2025 06:59pm

A bill for an act
relating to human services; establishing the council on direct support professionals;
requiring a report; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 256.

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

Section 1.

new text begin [256.4931] COUNCIL ON DIRECT SUPPORT PROFESSIONALS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The council on direct support professionals is established
to develop a statewide strategic plan to address the shortage of direct support professionals
and to promote improvement in the availability of direct support services in all areas of the
state.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Direct support professional" means any individual who is not a licensed health
professional and is qualified to provide direct support services, including individuals who
are qualified to be personal care assistants, home health aides, nursing assistants, resident
assistants, or direct support staff.
new text end

new text begin (c) "Direct support services" means assistance with activities of daily living; assistance
with instrumental activities of daily living; providing home and community-based services;
and other similar, long-term services and supports provided to a person age 65 or older or
to a person with a disability by a direct support professional to meet the person's daily living
needs and ensure that the person may adequately function in the person's home and have
safe access to the community.
new text end

new text begin (d) "Direct support staff" has the meaning given in section 245D.02.
new text end

new text begin (e) "Licensed health professional" means a person licensed in Minnesota by a
health-related licensing board listed in section 214.01, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Members. new text end

new text begin (a) The council consists of 18 members.
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new text begin (b) The executive branch members of the council are:
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new text begin (1) the commissioner of human services, or a designee appointed by the commissioner
of human services;
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new text begin (2) the commissioner of health, or a designee appointed by the commissioner of health;
new text end

new text begin (3) the commissioner of employment and economic development, or a designee appointed
by the commissioner of employment and economic development;
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new text begin (4) the commissioner of the Office of Higher Education, or a designee appointed by the
commissioner of the Office of Higher Education;
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new text begin (5) the commissioner of labor and industry, or a designee appointed by the commissioner
of labor and industry; and
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new text begin (6) the commissioner of education, or a designee appointed by the commissioner of
education.
new text end

new text begin (c) The nonexecutive branch members are:
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new text begin (1) one representative from the Minnesota Nursing Home Workforce Standards Board
who is not an employee of the state, appointed by the board with an affirmative vote of five
board members;
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new text begin (2) one member appointed by SEIU Healthcare Minnesota & Iowa;
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new text begin (3) one member from each of the following seven provider types, each appointed by the
commissioner of human services:
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new text begin (i) community first services and supports provider agencies;
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new text begin (ii) disability waiver service providers;
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new text begin (iii) providers of home care not provided in an assisted living facility;
new text end

new text begin (iv) assisted living facilities;
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new text begin (v) nursing facilities;
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new text begin (vi) adult mental health service providers; and
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new text begin (vii) children's mental health service providers;
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new text begin (4) one member with lived experience or with a family member with lived experience
as a consumer of direct support services, appointed by the commissioner of human services;
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new text begin (5) one member who is a community advocate for recipients of direct support services
but is not employed by a direct support services provider, appointed by the commissioner
of human services; and
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new text begin (6) one representative of an organization that assists people with disabilities but is not
a provider of direct support services, appointed by the commissioner of human services.
new text end

new text begin Subd. 4. new text end

new text begin Terms. new text end

new text begin Notwithstanding the provisions of section 15.059, each nonexecutive
branch member of the council shall serve a three-year term and until a successor is appointed
and qualified. The compensation and removal of all members must be as provided in section
15.059. The council performs functions that are not purely advisory, so the expiration dates
provided in section 15.059 do not apply. Vacancies must be filled by the authority for the
remainder of the unexpired term.
new text end

new text begin Subd. 5. new text end

new text begin Chairperson; executive committee. new text end

new text begin (a) The council shall elect a chairperson
and other officers as the council deems necessary.
new text end

new text begin (b) An executive committee elected by the members of the council shall govern the
council. The council chairperson must be a member of the executive committee.
new text end

new text begin (c) The executive committee may appoint additional subcommittees and work groups
as necessary to fulfill the duties of the advisory council.
new text end

new text begin Subd. 6. new text end

new text begin Executive director; staff. new text end

new text begin The council shall appoint an executive director of
the council by a vote of a majority of all council members. The executive director must be
in the unclassified service of the state and may be removed at any time by a majority vote
of the council. The executive director serves as an ex officio nonvoting member of the
executive committee and shall provide administrative support for the council; provide
administrative leadership to implement council mandates, policies, and objectives; and
employ and direct staff authorized according to state law and necessary to carry out council
mandates, policies, activities, and objectives. The council may delegate to the executive
director any powers and duties under this section that do not require council approval. The
salary of the executive director and staff must be established pursuant to chapter 43A.
new text end

new text begin Subd. 7. new text end

new text begin Duties and powers. new text end

new text begin (a) The council has the following duties and powers:
new text end

new text begin (1) advocate for the expansion of existing effective pathways for recruitment, education,
training, employment, skill development, and competitive compensation of direct support
professionals;
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new text begin (2) develop a statewide strategic plan to increase the number of qualified direct support
professionals, reduce job vacancies among direct support service providers, reduce job
vacancies among direct support service recipients seeking to directly employ a direct support
professional, retain direct support professionals, and reduce turnover among direct support
professionals;
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new text begin (3) identify implementable strategies to expand educational and employment pathways
for jobseekers, students in college, or individuals employed or trained in other trades or
industries to become qualified direct support professionals;
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new text begin (4) formulate a recommended strategic direct support professional career lattice platform
based on Minnesota's current and potential direct support professional standards and job
classifications, a compa-ratio compensation analysis by standard occupational classifications
codes of comparable professions and competing employment opportunities, and an
assessment of new direct support professional career lattice levels, including but not limited
to postsecondary-credentialed direct support professional positions and college credit-based
experiential learning opportunities;
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new text begin (5) assess the development of additional postsecondary or other educational strategies
to expand the direct support professional workforce;
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new text begin (6) assess the opportunities to improve access to affordable and quality benefits for direct
support professionals;
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new text begin (7) conduct an economic assessment of the state's investment in direct support services
and providers and the impact of those investments on Minnesota's economy;
new text end

new text begin (8) promote respectful and safe working conditions for direct support professionals and
prevention of exploitation of direct support professionals;
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new text begin (9) publish recommendations related to the council's purposes, goals, and work achieved
through the council's activities; and
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new text begin (10) provide recommended changes to state statutes, laws, rules, and departmental
policies necessary to implement the council's recommendations.
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new text begin (b) In carrying out the council's duties, the council must:
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new text begin (1) strive to make data-informed decisions and effectively communicate the supporting
data and the data's sources to the public when making recommendations;
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new text begin (2) prioritize long-term solutions to address the shortage of qualified direct support
professionals; and
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new text begin (3) prioritize work that addresses existing inequities in the direct support services delivery
system.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin (a) The council shall meet at least quarterly and more frequently at
the call of the chairperson or at the request of a majority of council members.
new text end

new text begin (b) Notwithstanding section 13D.01, the council may conduct a meeting of its members
by telephone or other electronic means so long as the following conditions are met:
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new text begin (1) all members of the council participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
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new text begin (2) members of the public present at the regular meeting location of the council can hear
all discussion and all votes of members of the council and participate in testimony;
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new text begin (3) at least one member of the council is physically present at the regular meeting location;
and
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new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
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new text begin (c) Each member of the council participating in a meeting by telephone or other electronic
means is considered present at the meeting for the purposes of determining a quorum and
participating in all proceedings.
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new text begin (d) If telephone or another electronic means is used to conduct a meeting, the council,
to the extent practical, shall allow a person to monitor the meeting electronically from a
remote location.
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new text begin (e) If telephone or another electronic means is used to conduct a regular, special, or
emergency meeting, the council shall provide notice of the regular meeting location, of the
fact that some members may participate by electronic means, and of the provisions of
paragraph (d). The timing and method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 9. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2026, the
council shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over human services, health, employment and economic development,
labor and industry, and higher education on the council's activities under subdivision 8, its
recommendations, its proposed changes to statute or rules, and other issues on which the
council may choose to report.
new text end

Sec. 2. new text begin COUNCIL ON DIRECT SUPPORT PROFESSIONALS; INITIAL
APPOINTMENTS AND FIRST MEETING.
new text end

new text begin Subdivision 1. new text end

new text begin Initial appointments. new text end

new text begin The appointing authorities under Minnesota
Statutes, section 256.4931, subdivision 3, must make their initial appointments no later than
October 1, 2025.
new text end

new text begin Subd. 2. new text end

new text begin First meeting. new text end

new text begin The commissioner of human services, or the commissioner's
designee appointed under Minnesota Statutes, section 256.4931, subdivision 3, paragraph
(b), clause (1), must convene the first meeting of the council on direct support professionals
no later than October 1, 2025. The commissioner or the commissioner's designee shall
preside over the first meeting until the council elects a chairperson.
new text end

new text begin Subd. 3. new text end

new text begin Initial administrative support. new text end

new text begin The commissioner of human services shall
provide administrative support to the council until the council has appointed an executive
director, or until June 30, 2026, whichever occurs first. The council must reimburse the
commissioner for reasonable expenses incurred to provide the administrative support.
new text end

Sec. 3. new text begin APPROPRIATION; COUNCIL ON DIRECT SUPPORT PROFESSIONALS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the council on direct support professionals. From the amount appropriated in fiscal
year 2026, the council must reimburse the commissioner of human services for the reasonable
costs incurred by the commissioner to provide the council with administrative support prior
to appointment by the council of an executive director.
new text end