HF 3109

as introduced - 94th Legislature (2025 - 2026) Posted on 04/03/2025 02:40pm

A bill for an act
relating to human services; modifying the family support and consumer support
programs; modifying community first services and supports covered services;
directing the commissioner to allow certain services under the disability waivers
and consumer-directed community supports; amending Minnesota Statutes 2024,
sections 252.32, subdivision 3; 256.476, subdivision 4; 256B.85, subdivision 7.

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

Section 1.

Minnesota Statutes 2024, section 252.32, subdivision 3, is amended to read:

Subd. 3.

Amount of support grant; use.

(a) Support grant amounts shall be determined
by the county social service agency. Services and items purchased with a support grant
must:

(1) be over and above the normal costs of caring for the dependent if the dependent did
not have a disability new text begin , including adaptive or one-on-one swimming lessons for drowning
prevention for a dependent whose disability puts them at a higher risk of drowning according
to the Centers for Disease Control Vital Statistics System new text end ;

(2) be directly attributable to the dependent's disabling condition; and

(3) enable the family to delay or prevent the out-of-home placement of the dependent.

(b) The design and delivery of services and items purchased under this section must be
provided in the least restrictive environment possible, consistent with the needs identified
in the individual service plan.

(c) Items and services purchased with support grants must be those for which there are
no other public or private funds available to the family. Fees assessed to parents for health
or human services that are funded by federal, state, or county dollars are not reimbursable
through this program.

(d) In approving or denying applications, the county shall consider the following factors:

(1) the extent and areas of the functional limitations of a child with a disability;

(2) the degree of need in the home environment for additional support; and

(3) the potential effectiveness of the grant to maintain and support the person in the
family environment.

(e) The maximum monthly grant amount shall be $250 per eligible dependent, or $3,000
per eligible dependent per state fiscal year, within the limits of available funds and as
adjusted by any legislatively authorized cost of living adjustment. The county social service
agency may consider the dependent's Supplemental Security Income in determining the
amount of the support grant.

(f) Any adjustments to their monthly grant amount must be based on the needs of the
family and funding availability.

Sec. 2.

Minnesota Statutes 2024, section 256.476, subdivision 4, is amended to read:

Subd. 4.

Support grants; criteria and limitations.

(a) A county board may choose to
participate in the consumer support grant program. If a county has not chosen to participate
by July 1, 2002, the commissioner shall contract with another county or other entity to
provide access to residents of the nonparticipating county who choose the consumer support
grant option. The commissioner shall notify the county board in a county that has declined
to participate of the commissioner's intent to enter into a contract with another county or
other entity at least 30 days in advance of entering into the contract. The local agency shall
establish written procedures and criteria to determine the amount and use of support grants.
These procedures must include, at least, the availability of respite care, assistance with daily
living, and adaptive aids. The local agency may establish monthly or annual maximum
amounts for grants and procedures where exceptional resources may be required to meet
the health and safety needs of the person on a time-limited basis, however, the total amount
awarded to each individual may not exceed the limits established in subdivision 11.

(b) Support grants to a person, a person's legal representative, or other authorized
representative will be provided through a monthly subsidy payment and be in the form of
cash, voucher, or direct county payment to vendor. Support grant amounts must be determined
by the local agency. Each service and item purchased with a support grant must meet all of
the following criteria:

(1) it must be over and above the normal cost of caring for the person if the person did
not have functional limitations new text begin , including adaptive or one-on-one swimming lessons for
drowning prevention for a person whose disability puts them at a higher risk of drowning
according to the Centers for Disease Control Vital Statistics System new text end ;

(2) it must be directly attributable to the person's functional limitations;

(3) it must enable the person, a person's legal representative, or other authorized
representative to delay or prevent out-of-home placement of the person; and

(4) it must be consistent with the needs identified in the service agreement, when
applicable.

(c) Items and services purchased with support grants must be those for which there are
no other public or private funds available to the person, a person's legal representative, or
other authorized representative. Fees assessed to the person or the person's family for health
and human services are not reimbursable through the grant.

(d) In approving or denying applications, the local agency shall consider the following
factors:

(1) the extent and areas of the person's functional limitations;

(2) the degree of need in the home environment for additional support; and

(3) the potential effectiveness of the grant to maintain and support the person in the
family environment or the person's own home.

(e) At the time of application to the program or screening for other services, the person,
a person's legal representative, or other authorized representative shall be provided sufficient
information to ensure an informed choice of alternatives by the person, the person's legal
representative, or other authorized representative, if any. The application shall be made to
the local agency and shall specify the needs of the person or the person's legal representative
or other authorized representative, the form and amount of grant requested, the items and
services to be reimbursed, and evidence of eligibility for medical assistance.

(f) Upon approval of an application by the local agency and agreement on a support plan
for the person or the person's legal representative or other authorized representative, the
local agency shall make grants to the person or the person's legal representative or other
authorized representative. The grant shall be in an amount for the direct costs of the services
or supports outlined in the service agreement.

(g) Reimbursable costs shall not include costs for resources already available, such as
special education classes, day training and habilitation, case management, other services to
which the person is entitled, medical costs covered by insurance or other health programs,
or other resources usually available at no cost to the person or the person's legal representative
or other authorized representative.

(h) The state of Minnesota, the county boards participating in the consumer support
grant program, or the agencies acting on behalf of the county boards in the implementation
and administration of the consumer support grant program shall not be liable for damages,
injuries, or liabilities sustained through the purchase of support by the individual, the
individual's family, or the authorized representative under this section with funds received
through the consumer support grant program. Liabilities include but are not limited to:
workers' compensation liability, the Federal Insurance Contributions Act (FICA), or the
Federal Unemployment Tax Act (FUTA). For purposes of this section, participating county
boards and agencies acting on behalf of county boards are exempt from the provisions of
section 268.035.

Sec. 3.

Minnesota Statutes 2024, section 256B.85, subdivision 7, is amended to read:

Subd. 7.

Community first services and supports; covered services.

Services and
supports covered under CFSS include:

(1) assistance to accomplish activities of daily living (ADLs), instrumental activities of
daily living (IADLs), and health-related procedures and tasks through hands-on assistance
to accomplish the task or constant supervision and cueing to accomplish the task;

(2) assistance to acquire, maintain, or enhance the skills necessary for the participant to
accomplish activities of daily living, instrumental activities of daily living, or health-related
tasks;

(3) expenditures for items, services, supports, environmental modifications, or goods,
including assistive technology. These expenditures must:

(i) relate to a need identified in a participant's CFSS service delivery plan; and

(ii) increase independence or substitute for human assistance, to the extent that
expenditures would otherwise be made for human assistance for the participant's assessed
needs;

(4) observation and redirection for behavior or symptoms where there is a need for
assistance;

(5) back-up systems or mechanisms, such as the use of pagers or other electronic devices,
to ensure continuity of the participant's services and supports;

new text begin (6) swimming lessons for a participant whose disability puts the participant at a higher
risk of drowning according to the Centers for Disease Control Vital Statistics System;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end services provided by a consultation services provider as defined under subdivision
17, that is under contract with the department and enrolled as a Minnesota health care
program provider;

deleted text begin (7) deleted text end new text begin (8) new text end services provided by an FMS provider as defined under subdivision 13a, that is
an enrolled provider with the department;

deleted text begin (8) deleted text end new text begin (9) new text end CFSS services provided by a support worker who is a parent, stepparent, or legal
guardian of a participant under age 18, or who is the participant's spouse. Covered services
under this clause are subject to the limitations described in subdivision 7b; and

deleted text begin (9) deleted text end new text begin (10) new text end worker training and development services as described in subdivision 18a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 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. 4. new text begin DIRECTION TO COMMISSIONER; GUIDANCE TO COUNTIES.
new text end

new text begin Upon receipt of approval from the Centers for Medicare and Medicaid Services, the
commissioner of human services shall provide guidance to counties on the administration
of the family support program under Minnesota Statutes, section 252.32; the consumer
support program under Minnesota Statutes, section 256.476; disability waivers under
Minnesota Statutes, sections 256B.092 and 256B.49; and the community first services and
supports program under Minnesota Statutes, section 256B.85, to clarify that the cost of
adaptive or one-on-one swimming lessons is an allowable use of funds.
new text end

Sec. 5. new text begin DIRECTION TO COMMISSIONER; SWIMMING LESSONS COVERED
UNDER DISABILITY WAIVERS.
new text end

new text begin The commissioner of human services shall include swimming lessons for a participant
whose disability puts the participant at a higher risk of drowning as a covered service under
the disability waivers, including the consumer-directed community supports option, 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, 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