Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF2406 Introduced / Bill

Filed 03/14/2025

                    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.​
1​Section 1.​
REVISOR AGW/DG 25-04399​03/06/25 ​
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 Stier​03/17/2025​
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​
2​Sec. 2.​
REVISOR AGW/DG 25-04399​03/06/25 ​ 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.​
3​Sec. 2.​
REVISOR AGW/DG 25-04399​03/06/25 ​