SF 4733

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 10:21am

A bill for an act
relating to human services; modifying waiver reimagine phase II; amending Laws
2021, First Special Session chapter 7, article 13, section 73.

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

Section 1.

Laws 2021, First Special Session chapter 7, article 13, section 73, is amended
to read:

Sec. 73. WAIVER REIMAGINE PHASE II.

(a) The commissioner of human services must implement a two-home and
community-based services waiver program structure, as authorized under section 1915(c)
of the federal Social Security Act, that serves persons who are determined by a certified
assessor to require the levels of care provided in a nursing home, a hospital, a neurobehavioral
hospital, or an intermediate care facility for persons with developmental disabilities. new text begin The
two-home and community-based services waiver program structure implemented by the
commissioner under this paragraph must not be based on the setting in which the person
with disabilities lives. The commissioner must implement a two-home and community-based
services waiver program structure that is based on the support needs of the person with
disabilities.
new text end

(b) The commissioner of human services must implement an individualized budget
methodology, as authorized under section 1915(c) of the federal Social Security Act, that
serves persons who are determined by a certified assessor to require the levels of care
provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care
facility for persons with developmental disabilities. new text begin The individualized budget methodology
implemented by the commissioner under this paragraph must not be based on the setting in
which the person with disabilities lives. The commissioner must implement an individualized
budget methodology based on the support needs of the person with disabilities. The
commissioner must increase individualized home and community-based services waiver
budgets at a commensurate rate with increases to rates within the disability waiver rate
system to meet assessed service needs.
new text end

(c) The commissioner of human services may seek all federal authority necessary to
implement this section.

(d) The commissioner must ensure that the new waiver service menu and individual
budgets allow people to live in their own home, family home, or any home and
community-based setting of their choice. The commissioner must ensure, within available
resources and subject to state and federal regulations and law, that waiver reimagine does
not result in unintended service disruptions.

new text begin (e) The commissioner shall not implement waiver reimagine phase II until the
commissioner verifies to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services that MnCHOICES 2.0 demonstrates a
clear and dependable standard for determining all waiver service eligibility and is effective
and culturally responsive to the needs of all current and prospective Minnesota disability
services waiver recipients. Evidence of MnCHOICES 2.0 operating inefficiently and
ineffectively includes but is not limited to:
new text end

new text begin (1) the need to utilize multiple workarounds to use the system; and
new text end

new text begin (2) a system outcomes rate of appeal by affected waiver recipients of greater than five
percent.
new text end

new text begin EFFECTIVE DATE. new text end

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