1.1 A bill for an act 1.2 relating to human services; authorizing abbreviated annual reassessments of people 1.3 receiving disability waiver services; amending Minnesota Statutes 2024, section 1.4 256B.0911, subdivisions 24, 25. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to 1.7read: 1.8 Subd. 24.Remote reassessments.(a) Assessments performed according to subdivisions 1.917 to 20 and, 23, and 25, paragraph (b), must be in person unless the assessment is a 1.10reassessment meeting the requirements of this subdivision. Remote reassessments conducted 1.11by interactive video or telephone may substitute for in-person reassessments. 1.12 (b) For services provided by the developmental disabilities waiver under section 1.13256B.092, and the community access for disability inclusion, community alternative care, 1.14and brain injury waiver programs under section 256B.49, remote reassessments may be 1.15substituted for two consecutive reassessments if followed by an in-person reassessment. 1.16 (c) For services provided by alternative care under section 256B.0913, essential 1.17community supports under section 256B.0922, and the elderly waiver under chapter 256S, 1.18remote reassessments may be substituted for one reassessment if followed by an in-person 1.19reassessment. 1.20 (d) For personal care assistance provided under section 256B.0659 and community first 1.21services and supports provided under section 256B.85, remote reassessments may be 1.22substituted for two consecutive reassessments if followed by an in-person reassessment. 1Section 1. REVISOR AGW/DG 25-0439903/06/25 State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 2406 NINETY-FOURTH SESSION Authored by Curran; Norris; Hanson, J.; Bakeberg and Stier03/17/2025 The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (e) A remote reassessment is permitted only if the lead agency provides informed choice 2.2and the person being reassessed or the person's legal representative provides informed 2.3consent for a remote assessment. Lead agencies must document that informed choice was 2.4offered. 2.5 (f) The person being reassessed, or the person's legal representative, may refuse a remote 2.6reassessment at any time. 2.7 (g) During a remote reassessment, if the certified assessor determines an in-person 2.8reassessment is necessary in order to complete the assessment, the lead agency shall schedule 2.9an in-person reassessment. 2.10 (h) All other requirements of an in-person reassessment apply to a remote reassessment, 2.11including updates to a person's support plan. 2.12 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, 2.13whichever is later. The commissioner of human services shall notify the revisor of statutes 2.14when federal approval is obtained. 2.15 Sec. 2. Minnesota Statutes 2024, section 256B.0911, subdivision 25, is amended to read: 2.16 Subd. 25.Reassessments Reassessment frequency for Rule 185 case management 2.17and waiver services.(a) Unless otherwise required by federal law, the county agency is 2.18not required to conduct or arrange for an annual needs reassessment by a certified assessor 2.19for people receiving Rule 185 case management under Minnesota Rules, part 9525.0016. 2.20The case manager who works on behalf of the person to identify the person's needs and to 2.21minimize the impact of the disability on the person's life must instead develop a 2.22person-centered service plan based on the person's assessed needs and preferences. The 2.23person-centered service plan must be reviewed annually for persons with developmental 2.24disabilities who are receiving only case management services under Minnesota Rules, part 2.259525.0016, and who make an informed choice to decline an assessment under this section. 2.26 (b) A lead agency must conduct or arrange for a nonabbreviated reassessment at least 2.27once every three years for each person who is receiving developmental disability waiver 2.28services under section 256B.092 or community access for disability inclusion, community 2.29alternative care, or brain injury waiver services under section 256B.49. The person or the 2.30person's legal representative may request a nonabbreviated reassessment at any time. 2.31 (c) Unless otherwise required by federal law, for people age 22 to 64 with no significant 2.32changes in function or needs, the lead agency may conduct or arrange for an annual 2.33abbreviated assessment by the lead agency using a tool approved by the commissioner. A 2Sec. 2. REVISOR AGW/DG 25-0439903/06/25 3.1person or the person's legal representative must make an informed choice to accept an annual 3.2abbreviated assessment in lieu of annual reassessment. A lead agency may offer an 3.3abbreviated reassessment under this paragraph only to individuals who are receiving 3.4developmental disability waiver services under section 256B.092 or community access for 3.5disability inclusion, community alternative care, or brain injury waiver services under section 3.6256B.49. An abbreviated assessment conducted under this paragraph must: 3.7 (1) verify current assessed needs; 3.8 (2) confirm continued need for current level of care; 3.9 (3) inform the person of alternatives available under the waiver; 3.10 (4) provide informed choice of institutional or home and community-based services; 3.11 (5) screen for a change in need that may warrant a nonabbreviated reassessment; 3.12 (6) review the person-centered services plan; and 3.13 (7) reauthorize services. 3.14 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, 3.15whichever is later. The commissioner of human services shall notify the revisor of statutes 3.16when federal approval is obtained. 3Sec. 2. REVISOR AGW/DG 25-0439903/06/25