| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human services; authorizing abbreviated annual reassessments of people |
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| 3 | 3 | | 1.3 receiving disability waiver services; amending Minnesota Statutes 2024, section |
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| 4 | 4 | | 1.4 256B.0911, subdivisions 24, 25. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 256B.0911, subdivision 24, is amended to |
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| 7 | 7 | | 1.7read: |
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| 8 | 8 | | 1.8 Subd. 24.Remote reassessments.(a) Assessments performed according to subdivisions |
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| 9 | 9 | | 1.917 to 20 and, 23, and 25, paragraph (b), must be in person unless the assessment is a |
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| 10 | 10 | | 1.10reassessment meeting the requirements of this subdivision. Remote reassessments conducted |
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| 11 | 11 | | 1.11by interactive video or telephone may substitute for in-person reassessments. |
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| 12 | 12 | | 1.12 (b) For services provided by the developmental disabilities waiver under section |
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| 13 | 13 | | 1.13256B.092, and the community access for disability inclusion, community alternative care, |
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| 14 | 14 | | 1.14and brain injury waiver programs under section 256B.49, remote reassessments may be |
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| 15 | 15 | | 1.15substituted for two consecutive reassessments if followed by an in-person reassessment. |
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| 16 | 16 | | 1.16 (c) For services provided by alternative care under section 256B.0913, essential |
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| 17 | 17 | | 1.17community supports under section 256B.0922, and the elderly waiver under chapter 256S, |
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| 18 | 18 | | 1.18remote reassessments may be substituted for one reassessment if followed by an in-person |
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| 19 | 19 | | 1.19reassessment. |
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| 20 | 20 | | 1.20 (d) For personal care assistance provided under section 256B.0659 and community first |
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| 21 | 21 | | 1.21services and supports provided under section 256B.85, remote reassessments may be |
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| 22 | 22 | | 1.22substituted for two consecutive reassessments if followed by an in-person reassessment. |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR AGW/DG 25-0439903/06/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 2406 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Curran; Norris; Hanson, J.; Bakeberg and Stier03/17/2025 |
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| 32 | 32 | | 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 |
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| 33 | 33 | | 2.2and the person being reassessed or the person's legal representative provides informed |
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| 34 | 34 | | 2.3consent for a remote assessment. Lead agencies must document that informed choice was |
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| 35 | 35 | | 2.4offered. |
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| 36 | 36 | | 2.5 (f) The person being reassessed, or the person's legal representative, may refuse a remote |
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| 37 | 37 | | 2.6reassessment at any time. |
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| 38 | 38 | | 2.7 (g) During a remote reassessment, if the certified assessor determines an in-person |
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| 39 | 39 | | 2.8reassessment is necessary in order to complete the assessment, the lead agency shall schedule |
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| 40 | 40 | | 2.9an in-person reassessment. |
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| 41 | 41 | | 2.10 (h) All other requirements of an in-person reassessment apply to a remote reassessment, |
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| 42 | 42 | | 2.11including updates to a person's support plan. |
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| 43 | 43 | | 2.12 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
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| 44 | 44 | | 2.13whichever is later. The commissioner of human services shall notify the revisor of statutes |
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| 45 | 45 | | 2.14when federal approval is obtained. |
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| 46 | 46 | | 2.15 Sec. 2. Minnesota Statutes 2024, section 256B.0911, subdivision 25, is amended to read: |
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| 47 | 47 | | 2.16 Subd. 25.Reassessments Reassessment frequency for Rule 185 case management |
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| 48 | 48 | | 2.17and waiver services.(a) Unless otherwise required by federal law, the county agency is |
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| 49 | 49 | | 2.18not required to conduct or arrange for an annual needs reassessment by a certified assessor |
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| 50 | 50 | | 2.19for people receiving Rule 185 case management under Minnesota Rules, part 9525.0016. |
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| 51 | 51 | | 2.20The case manager who works on behalf of the person to identify the person's needs and to |
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| 52 | 52 | | 2.21minimize the impact of the disability on the person's life must instead develop a |
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| 53 | 53 | | 2.22person-centered service plan based on the person's assessed needs and preferences. The |
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| 54 | 54 | | 2.23person-centered service plan must be reviewed annually for persons with developmental |
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| 55 | 55 | | 2.24disabilities who are receiving only case management services under Minnesota Rules, part |
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| 56 | 56 | | 2.259525.0016, and who make an informed choice to decline an assessment under this section. |
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| 57 | 57 | | 2.26 (b) A lead agency must conduct or arrange for a nonabbreviated reassessment at least |
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| 58 | 58 | | 2.27once every three years for each person who is receiving developmental disability waiver |
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| 59 | 59 | | 2.28services under section 256B.092 or community access for disability inclusion, community |
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| 60 | 60 | | 2.29alternative care, or brain injury waiver services under section 256B.49. The person or the |
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| 61 | 61 | | 2.30person's legal representative may request a nonabbreviated reassessment at any time. |
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| 62 | 62 | | 2.31 (c) Unless otherwise required by federal law, for people age 22 to 64 with no significant |
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| 63 | 63 | | 2.32changes in function or needs, the lead agency may conduct or arrange for an annual |
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| 64 | 64 | | 2.33abbreviated assessment by the lead agency using a tool approved by the commissioner. A |
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| 65 | 65 | | 2Sec. 2. |
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| 66 | 66 | | REVISOR AGW/DG 25-0439903/06/25 3.1person or the person's legal representative must make an informed choice to accept an annual |
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| 67 | 67 | | 3.2abbreviated assessment in lieu of annual reassessment. A lead agency may offer an |
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| 68 | 68 | | 3.3abbreviated reassessment under this paragraph only to individuals who are receiving |
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| 69 | 69 | | 3.4developmental disability waiver services under section 256B.092 or community access for |
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| 70 | 70 | | 3.5disability inclusion, community alternative care, or brain injury waiver services under section |
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| 71 | 71 | | 3.6256B.49. An abbreviated assessment conducted under this paragraph must: |
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| 72 | 72 | | 3.7 (1) verify current assessed needs; |
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| 73 | 73 | | 3.8 (2) confirm continued need for current level of care; |
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| 74 | 74 | | 3.9 (3) inform the person of alternatives available under the waiver; |
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| 75 | 75 | | 3.10 (4) provide informed choice of institutional or home and community-based services; |
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| 76 | 76 | | 3.11 (5) screen for a change in need that may warrant a nonabbreviated reassessment; |
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| 77 | 77 | | 3.12 (6) review the person-centered services plan; and |
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| 78 | 78 | | 3.13 (7) reauthorize services. |
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| 79 | 79 | | 3.14 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
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| 80 | 80 | | 3.15whichever is later. The commissioner of human services shall notify the revisor of statutes |
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| 81 | 81 | | 3.16when federal approval is obtained. |
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| 82 | 82 | | 3Sec. 2. |
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| 83 | 83 | | REVISOR AGW/DG 25-0439903/06/25 |
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