Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2415 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; creating the legislative commission on intellectual and
3	3	1.3 developmental disabilities; creating adult foster care and community residential
4	4	1.4 setting licensing moratorium exceptions; limiting authority to modify day treatment
5	5	1.5 and habilitation and prevocational rehabilitation programs; providing appointments;
6	6	1.6 appropriating money; amending Minnesota Statutes 2024, sections 245A.03, by
7	7	1.7 adding a subdivision; 252.291, subdivision 1, by adding a subdivision; proposing
8	8	1.8 coding for new law in Minnesota Statutes, chapter 3.
9	9	1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
10	10	1.10 Section 1. [3.8848] LEGISLATIVE COMMISSION ON INTELLECTUAL AND
11	11	1.11DEVELOPMENT AL DISABILITIES.
12	12	1.12 Subdivision 1.Membership.(a) The legislative commission on intellectual and
13	13	1.13developmental disabilities consists of the following 12 members of the legislature appointed
14	14	1.14by the respective leaders of the caucuses of each chamber:
15	15	1.15 (1) the chair and ranking minority member, or as applicable the cochairs, of the house
16	16	1.16and senate committees with primary jurisdiction over programs serving people with
17	17	1.17intellectual and developmental disabilities at the Department of Human Services;
18	18	1.18 (2) the chair and ranking minority member, or as applicable the cochairs, of the house
19	19	1.19and senate committees with primary jurisdiction over programs serving people with
20	20	1.20intellectual and developmental disabilities at the Department of Labor and Industry; and
21	21	1.21 (3) the chair and ranking minority member, or as applicable the cochairs, of the house
22	22	1.22and senate committees with primary jurisdiction over housing.
23	23	1.23 (b) The commission may elect up to four former legislators who have demonstrated an
24	24	1.24interest in, or have a history of working with, programs that serve people with intellectual
25	25	1Section 1.
26	26	REVISOR DTT/KR 25-0203601/15/25
27	27	State of Minnesota
28	28	This Document can be made available
29	29	in alternative formats upon request
30	30	HOUSE OF REPRESENTATIVES
31	31	H. F. No. 2415
32	32	NINETY-FOURTH SESSION
33	33	Authored by Schultz03/17/2025
34	34	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1or developmental disabilities to serve as nonvoting members of the commission. The former
35	35	2.2legislators must not be registered lobbyists.
36	36	2.3 Subd. 2.Definitions.(a) "Direct support professional" means any individual employed
37	37	2.4to provide documented direct support services to a person with an intellectual or
38	38	2.5developmental disability.
39	39	2.6 (b) "Disability services" means services for people with intellectual or developmental
40	40	2.7disabilities provided by a county, billed to a county, managed by a county, or subject to
41	41	2.8county case management.
42	42	2.9 (c) "Government entity" has the meaning given in section 13.02.
43	43	2.10 (d) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
44	44	2.11 (e) "Person with an intellectual or developmental disability" means a person who has
45	45	2.12been diagnosed with an intellectual disability or with a developmental disability or related
46	46	2.13condition as defined by any of the following:
47	47	2.14 (1) the current version of the Diagnostic and Statistical Manual of Mental Disorders
48	48	2.15(DSM);
49	49	2.16 (2) the United States Center for Disease Control;
50	50	2.17 (3) the National Institute for Health;
51	51	2.18 (4) the American Psychiatric Association Statistical Manual;
52	52	2.19 (5) Minnesota Statutes; or
53	53	2.20 (6) Minnesota Rules, including Minnesota Rules, part 9525.0016, subpart 2, items A to
54	54	2.21E.
55	55	2.22 (f) "Summary data" has the meaning given in section 13.02.
56	56	2.23 Subd. 3.Terms; vacancies.(a) Each appointing authority must make appointments as
57	57	2.24soon as possible after the beginning of the regular legislative session in an odd-numbered
58	58	2.25year.
59	59	2.26 (b) Members of the commission serve for terms beginning upon appointment and ending
60	60	2.27at the beginning of the regular legislative session in the next odd-numbered year.
61	61	2.28 (c) The appropriate appointing authority must fill a vacancy on the committee by
62	62	2.29appointing a current legislator in a manner that will preserve the representation of the
63	63	2.30standing legislative committees listed in subdivision 1.
64	64	2Section 1.
65	65	REVISOR DTT/KR 25-0203601/15/25 3.1 Subd. 4.Compensation.(a) Legislative members serve without compensation but may
66	66	3.2be reimbursed for their reasonable expenses as members of the legislature.
67	67	3.3 (b) Former legislators must be compensated as provided under section 15.0575,
68	68	3.4subdivision 3.
69	69	3.5 Subd. 5.Chair.The commission must elect a chair at the first meeting of the commission
70	70	3.6in an odd-numbered year and may elect other officers as it determines are necessary. The
71	71	3.7chair alternates between a member of the senate and a member of the house of representatives
72	72	3.8at the start of the regular legislative session in each odd-numbered year. The chair and a
73	73	3.9vice chair may not be from the same chamber.
74	74	3.10 Subd. 6.Administration.The Legislative Coordinating Commission shall provide
75	75	3.11administrative services for the commission. The Legislative Coordinating Commission may,
76	76	3.12if funding is available, appoint staff to provide research assistance to the commission. The
77	77	3.13Legislative Coordinating Commission may, if funding is available, employ professional
78	78	3.14and technical assistants as the commission deems necessary to perform duties prescribed
79	79	3.15in this section.
80	80	3.16 Subd. 7.State and local agencies to cooperate.All government entities must comply
81	81	3.17with a request from the commission for information on policies and programs, access to
82	82	3.18public data and fiscal estimates, and preparation of demographic summary data.
83	83	3.19 Subd. 8.Meetings.(a) The ranking senator from the majority party appointed to the
84	84	3.20commission must convene the first meeting of a biennium by February 15 in the
85	85	3.21odd-numbered year.
86	86	3.22 (b) The commission may collaborate in holding meetings with other legislative
87	87	3.23committees it deems relevant or needed.
88	88	3.24 (c) The commission may hold meetings in the capitol complex. The commission must
89	89	3.25hold meetings outside the capitol complex, including in rural areas of the state, at the times
90	90	3.26and places it may designate to gather input directly from self-advocates with an intellectual
91	91	3.27or developmental disability, families of people with intellectual or developmental disabilities,
92	92	3.28legal guardians, counties, and disability service providers.
93	93	3.29 Subd. 9.Commission duties; fact finding, research, and recommendations.(a) The
94	94	3.30members of the commission must develop expertise and knowledge about:
95	95	3.31 (1) the characteristics of people across the spectrum of intellectual and developmental
96	96	3.32disabilities;
97	97	3Section 1.
98	98	REVISOR DTT/KR 25-0203601/15/25 4.1 (2) the short- and long-term needs of people with intellectual or developmental
99	99	4.2disabilities; and
100	100	4.3 (3) the process by which people with intellectual or developmental disabilities access
101	101	4.4education, career exploration, work, housing, transportation, life enrichment, day services,
102	102	4.5and support systems and whether those processes result in informed choices.
103	103	4.6 (b) The commission shall review state and county data, including demographic summary
104	104	4.7data, related to disability services for adults with intellectual and developmental disabilities
105	105	4.8to identify service shortcomings related to case management, housing, work options,
106	106	4.9transportation, availability of qualified direct support professionals, life enrichment
107	107	4.10opportunities, and day services.
108	108	4.11 (c) The commission shall review legislative proposals that affect adults with intellectual
109	109	4.12or developmental disabilities and make recommendations to the relevant standing legislative
110	110	4.13committees regarding the proposals.
111	111	4.14 (d) The commission shall review the most recent Workforce Innovation and Opportunity
112	112	4.15Act Combined State Plan to assess it for any potential negative impact on people with
113	113	4.16intellectual or developmental disabilities, examine the feasibility of amending the combined
114	114	4.17state plan to mitigate or eliminate identified negative impacts to people with intellectual or
115	115	4.18developmental disabilities, and make combined state plan amendment recommendations to
116	116	4.19the Governor's Workforce Development Board and the legislature.
117	117	4.20 (e) The commission shall review the federal Workforce Innovation and Opportunity
118	118	4.21Act, United States Code, title 29, sections 3101 to 3361; accompanying regulation; and
119	119	4.22related agency guidance to assess them for any negative potential impact to people with
120	120	4.23intellectual or developmental disabilities and submit its findings to the Minnesota
121	121	4.24congressional delegation.
122	122	4.25 (f) The commission shall identify and prioritize areas for reform in disability services
123	123	4.26for adults with intellectual or developmental disabilities.
124	124	4.27 Subd. 10.Commission duties; data-based county disability service reform sites.The
125	125	4.28commission shall select and oversee counties to serve as data-based county disability services
126	126	4.29reform sites. Selected counties must include the most densely populated county that agrees
127	127	4.30to participate and the county with the largest geographic area that agrees to participate.
128	128	4.31From money appropriated for this purpose, the commission shall award planning grants to
129	129	4.32selected counties to prepare the county's disability services system reform plans. The
130	130	4.33commission shall monitor the progress of selected counties in developing a disability services
131	131	4Section 1.
132	132	REVISOR DTT/KR 25-0203601/15/25 5.1system reform plan. The commission shall review and approve submitted county disability
133	133	5.2services reform plans.
134	134	5.3 Subd. 11.Disability services reform plan requirements.(a) A county disability services
135	135	5.4system reform plan must be data-based and the plan's reform proposals must be data driven.
136	136	5.5 (b) Selected counties must collect and analyze demographic summary data related to
137	137	5.6the adults with intellectual or developmental disabilities receiving or requesting disability
138	138	5.7services.
139	139	5.8 (c) Selected counties must collect and analyze data on the provision of case management,
140	140	5.9housing, work options, life enrichment, day services, and transportation and on the labor
141	141	5.10supply of direct support professionals in the local labor market. Selected counties must
142	142	5.11clearly identify geographic locations within their county and surrounding counties where
143	143	5.12there are no disability services, insufficient disability services, and poor-quality disability
144	144	5.13services, including the following disability services: case management; education and
145	145	5.14training opportunities for direct care professionals; intermediate care facility services; all
146	146	5.15service types described in section 256B.4914; transportation; prevocational rehabilitation;
147	147	5.16and vocational exploration options provided to students in grades 7 through 12.
148	148	5.17 (d) Selected counties must review strengths and weaknesses of county-contracted and
149	149	5.18county-employed case managers using information gathered directly from self-advocates,
150	150	5.19families, and legal guardians. Selected counties must develop a plan to enhance the
151	151	5.20knowledge and expertise of all case managers related to the needs and informed choices of
152	152	5.21adults with intellectual or developmental disabilities and to hold case managers accountable
153	153	5.22for ensuring people are making informed choices about their services.
154	154	5.23 (e) Selected counties must develop a plan to collaborate with existing regional higher
155	155	5.24education providers for education and training of direct support professionals. The skills
156	156	5.25targeted for improvement must include knowledge and understanding of the spectrum of
157	157	5.26intellectual and developmental disabilities in adults.
158	158	5.27 (f) Selected counties must develop a plan to collaborate with an existing work options
159	159	5.28provider to develop a business model that delivers a full array of work options, prevocational
160	160	5.29rehabilitation, life enrichment, and day services programs. The county plan must identify
161	161	5.30the employment status of people with intellectual or developmental disabilities who have
162	162	5.31lost their chosen work option or day services and determine how to reengage them in their
163	163	5.32work option or day service of choice.
164	164	5Section 1.
165	165	REVISOR DTT/KR 25-0203601/15/25 6.1 (g) Selected counties must develop a plan to ensure the availability of a full array of
166	166	6.2housing options ranging from intermediate care facilities for people with developmental
167	167	6.3disabilities to independent living and home ownership with contracted provider services.
168	168	6.4 (h) Selected counties must develop a plan to collaborate with local school districts to
169	169	6.5offer vocational exploration opportunities for people with intellectual and developmental
170	170	6.6disabilities in grades 7 through 12.
171	171	6.7 (i) Selected counties must develop a plan to provide efficient and timely transportation
172	172	6.8that meets the needs and informed choices of people with an intellectual or developmental
173	173	6.9disability.
174	174	6.10 (j) When developing the plans described in this subdivision, selected counties must
175	175	6.11directly seek advice and counsel from self-advocates with intellectual or developmental
176	176	6.12disabilities, legal guardians, and families of people with an intellectual or developmental
177	177	6.13disability who are being served within the county.
178	178	6.14 (k) Each selected county must develop a plan to implement each of its proposed county
179	179	6.15disability services system reforms and identify the implementation costs. Each selected
180	180	6.16county must identify existing sources of funding and identify where an absence of funding
181	181	6.17or insufficient funding prohibits implementation of the proposed reforms.
182	182	6.18 Subd. 12.Report.By December 31 of each even-numbered year, the commission must
183	183	6.19submit a report on the commission's work and recommendations to the committees of the
184	184	6.20senate and house of representatives from which the commission membership is drawn
185	185	6.21according to subdivision 1. The standing human services committee of either chamber may
186	186	6.22request interim reports.
187	187	6.23 EFFECTIVE DATE.This section is effective July 1, 2025.
188	188	6.24 Sec. 2. Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
189	189	6.25read:
190	190	6.26 Subd. 7a.Licensing moratorium exception; data-based county disability service
191	191	6.27reform sites.(a) Notwithstanding subdivision 7 and section 256B.493, the commissioner
192	192	6.28must issue additional new foster care licenses or new community residential setting licenses
193	193	6.29requested by a local county board in a county disability services reform plan approved by
194	194	6.30the legislative commission on intellectual and developmental disabilities provided that the
195	195	6.31applicant meets all licensing requirements.
196	196	6.32 (b) Notwithstanding subdivision 7 and section 256B.493, new and existing foster care
197	197	6.33licenses and new and existing community residential setting licenses issued to providers in
198	198	6Sec. 2.
199	199	REVISOR DTT/KR 25-0203601/15/25 7.1counties with a county disability services reform plan approved by the legislative commission
200	200	7.2on intellectual and developmental disabilities are not subject to the commissioner's authority
201	201	7.3to delicense a setting or reduce licensed capacity following either a resource need
202	202	7.4determination process or when an adult resident served by the licensed program moves
203	203	7.5provided that in either case the licensee continues to meet all license requirements.
204	204	7.6 Sec. 3. Minnesota Statutes 2024, section 252.291, subdivision 1, is amended to read:
205	205	7.7 Subdivision 1.Moratorium.Notwithstanding any law or rule to the contrary, the
206	206	7.8commissioner of human services shall deny any request for a determination of need and
207	207	7.9refuse to grant a license pursuant to section 245A.02 for any new intermediate care facility
208	208	7.10for persons with developmental disabilities or for an increase in the licensed capacity of an
209	209	7.11existing facility except as provided in this subdivision and subdivision 2 subdivisions 2 to
210	210	7.122c. The total number of certified intermediate care beds for persons with developmental
211	211	7.13disabilities in community facilities and state hospitals shall not exceed 7,000 beds plus the
212	212	7.14authorized new intermediate care beds under subdivision 2c, except that, to the extent that
213	213	7.15federal authorities disapprove any applications of the commissioner for home and
214	214	7.16community-based waivers under United States Code, title 42, section 1396n, as amended
215	215	7.17through December 31, 1987, the commissioner may authorize new intermediate care beds,
216	216	7.18as necessary, to serve persons with developmental disabilities who would otherwise have
217	217	7.19been served under a proposed waiver. "Certified bed" means an intermediate care bed for
218	218	7.20persons with developmental disabilities certified by the commissioner of health for the
219	219	7.21purposes of the medical assistance program under United States Code, title 42, sections
220	220	7.221396 to 1396p, as amended through December 31, 1987.
221	221	7.23 Sec. 4. Minnesota Statutes 2024, section 252.291, is amended by adding a subdivision to
222	222	7.24read:
223	223	7.25 Subd. 2c.Exception for data-based county disability service reform sites.(a)
224	224	7.26Notwithstanding subdivisions 1 and 2 and section 252.28, subdivision 3, the commissioner
225	225	7.27of health must issue a supervised living facility license under section 144.50, subdivision
226	226	7.287, and certify the setting as an intermediate care facility for persons with developmental
227	227	7.29disabilities, and the commissioner of human services must authorize and grant a license
228	228	7.30under chapter 245A, to a newly constructed or newly established publicly or privately
229	229	7.31operated community intermediate care facility for six or fewer persons with developmental
230	230	7.32disabilities, under the following circumstances:
231	231	7.33 (1) the license applicant meets all licensing and certification requirements; and
232	232	7Sec. 4.
233	233	REVISOR DTT/KR 25-0203601/15/25 8.1 (2) the additional license is requested by a local county board in a county disability
234	234	8.2services reform plan approved by the legislative commission on intellectual and
235	235	8.3developmental disabilities.
236	236	8.4 (b) Notwithstanding section 252.28, subdivision 4, licenses and certifications issued
237	237	8.5under paragraph (a) are not subject to the authority of the commissioner of health or the
238	238	8.6commissioner of human services to involuntarily decertify or involuntary delicense an
239	239	8.7intermediate care facility for persons with developmental disabilities provided the licensee
240	240	8.8continues to meet the licensing and certification requirements.
241	241	8.9 Sec. 5. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
242	242	8.10PROHIBITION ON MODIFICATIONS TO DAY SERVICES.
243	243	8.11 The commissioner of human services must not propose any rule or policy that modifies,
244	244	8.12reduces availability of, eliminates, or limits admission to any program that provides day
245	245	8.13treatment and habilitation services without consulting the legislative commission on
246	246	8.14intellectual and developmental disabilities. The commissioner of human services must
247	247	8.15receive explicit legislative authority to adopt any rule or implement any policy that modifies,
248	248	8.16reduces availability of, eliminates, or limits admission to programs that provide day treatment
249	249	8.17and habilitation services.
250	250	8.18 EFFECTIVE DATE.This section is effective the day following final enactment.
251	251	8.19 Sec. 6. DIRECTION TO COMMISSIONER OF EMPLOYMENT AND ECONOMIC
252	252	8.20DEVELOPMENT; PROHIBITION ON MODIFICATIONS TO VOCATIONAL
253	253	8.21REHABILITATION SERVICES.
254	254	8.22 The commissioner of employment and economic development must not propose any
255	255	8.23rule or policy that modifies, reduces availability of, eliminates, or limits admission to any
256	256	8.24program that provides prevocational rehabilitative services provided to people with
257	257	8.25intellectual or developmental disabilities without consulting the legislative commission on
258	258	8.26intellectual and developmental disabilities. The commissioner of employment and economic
259	259	8.27development must receive explicit legislative authority to adopt any rule or implement any
260	260	8.28policy that modifies, reduces availability of, eliminates, or limits admission to any program
261	261	8.29that provides prevocational rehabilitation services.
262	262	8.30 EFFECTIVE DATE.This section is effective the day following final enactment.
263	263	8Sec. 6.
264	264	REVISOR DTT/KR 25-0203601/15/25 9.1 Sec. 7. APPROPRIATION; LEGISLATIVE COMMISSION ON INTELLECTUAL
265	265	9.2AND DEVELOPMENT AL DISABILITIES.
266	266	9.3 (a) $600,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
267	267	9.4the general fund to the legislative commission on intellectual and developmental disabilities
268	268	9.5for grants to data-based county disability services reform sites.
269	269	9.6 (b) $300,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
270	270	9.7the general fund to the legislative commission on intellectual and developmental disabilities
271	271	9.8for administration.
272	272	9Sec. 7.
273	273	REVISOR DTT/KR 25-0203601/15/25