1.1 A bill for an act
1.2 relating to human services; creating the legislative commission on intellectual and
1.3 developmental disabilities; creating adult foster care and community residential
1.4 setting licensing moratorium exceptions; limiting authority to modify day treatment
1.5 and habilitation and prevocational rehabilitation programs; providing appointments;
1.6 appropriating money; amending Minnesota Statutes 2024, sections 245A.03, by
1.7 adding a subdivision; 252.291, subdivision 1, by adding a subdivision; proposing
1.8 coding for new law in Minnesota Statutes, chapter 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [3.8848] LEGISLATIVE COMMISSION ON INTELLECTUAL AND
1.11DEVELOPMENT AL DISABILITIES.
1.12 Subdivision 1.Membership.(a) The legislative commission on intellectual and
1.13developmental disabilities consists of the following 12 members of the legislature appointed
1.14by the respective leaders of the caucuses of each chamber:
1.15 (1) the chair and ranking minority member, or as applicable the cochairs, of the house
1.16and senate committees with primary jurisdiction over programs serving people with
1.17intellectual and developmental disabilities at the Department of Human Services;
1.18 (2) the chair and ranking minority member, or as applicable the cochairs, of the house
1.19and senate committees with primary jurisdiction over programs serving people with
1.20intellectual and developmental disabilities at the Department of Labor and Industry; and
1.21 (3) the chair and ranking minority member, or as applicable the cochairs, of the house
1.22and senate committees with primary jurisdiction over housing.
1.23 (b) The commission may elect up to four former legislators who have demonstrated an
1.24interest in, or have a history of working with, programs that serve people with intellectual
1Section 1.
REVISOR DTT/KR 25-0203601/15/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2415
NINETY-FOURTH SESSION
Authored by Schultz03/17/2025
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
2.2legislators must not be registered lobbyists.
2.3 Subd. 2.Definitions.(a) "Direct support professional" means any individual employed
2.4to provide documented direct support services to a person with an intellectual or
2.5developmental disability.
2.6 (b) "Disability services" means services for people with intellectual or developmental
2.7disabilities provided by a county, billed to a county, managed by a county, or subject to
2.8county case management.
2.9 (c) "Government entity" has the meaning given in section 13.02.
2.10 (d) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
2.11 (e) "Person with an intellectual or developmental disability" means a person who has
2.12been diagnosed with an intellectual disability or with a developmental disability or related
2.13condition as defined by any of the following:
2.14 (1) the current version of the Diagnostic and Statistical Manual of Mental Disorders
2.15(DSM);
2.16 (2) the United States Center for Disease Control;
2.17 (3) the National Institute for Health;
2.18 (4) the American Psychiatric Association Statistical Manual;
2.19 (5) Minnesota Statutes; or
2.20 (6) Minnesota Rules, including Minnesota Rules, part 9525.0016, subpart 2, items A to
2.21E.
2.22 (f) "Summary data" has the meaning given in section 13.02.
2.23 Subd. 3.Terms; vacancies.(a) Each appointing authority must make appointments as
2.24soon as possible after the beginning of the regular legislative session in an odd-numbered
2.25year.
2.26 (b) Members of the commission serve for terms beginning upon appointment and ending
2.27at the beginning of the regular legislative session in the next odd-numbered year.
2.28 (c) The appropriate appointing authority must fill a vacancy on the committee by
2.29appointing a current legislator in a manner that will preserve the representation of the
2.30standing legislative committees listed in subdivision 1.
2Section 1.
REVISOR DTT/KR 25-0203601/15/25 3.1 Subd. 4.Compensation.(a) Legislative members serve without compensation but may
3.2be reimbursed for their reasonable expenses as members of the legislature.
3.3 (b) Former legislators must be compensated as provided under section 15.0575,
3.4subdivision 3.
3.5 Subd. 5.Chair.The commission must elect a chair at the first meeting of the commission
3.6in an odd-numbered year and may elect other officers as it determines are necessary. The
3.7chair alternates between a member of the senate and a member of the house of representatives
3.8at the start of the regular legislative session in each odd-numbered year. The chair and a
3.9vice chair may not be from the same chamber.
3.10 Subd. 6.Administration.The Legislative Coordinating Commission shall provide
3.11administrative services for the commission. The Legislative Coordinating Commission may,
3.12if funding is available, appoint staff to provide research assistance to the commission. The
3.13Legislative Coordinating Commission may, if funding is available, employ professional
3.14and technical assistants as the commission deems necessary to perform duties prescribed
3.15in this section.
3.16 Subd. 7.State and local agencies to cooperate.All government entities must comply
3.17with a request from the commission for information on policies and programs, access to
3.18public data and fiscal estimates, and preparation of demographic summary data.
3.19 Subd. 8.Meetings.(a) The ranking senator from the majority party appointed to the
3.20commission must convene the first meeting of a biennium by February 15 in the
3.21odd-numbered year.
3.22 (b) The commission may collaborate in holding meetings with other legislative
3.23committees it deems relevant or needed.
3.24 (c) The commission may hold meetings in the capitol complex. The commission must
3.25hold meetings outside the capitol complex, including in rural areas of the state, at the times
3.26and places it may designate to gather input directly from self-advocates with an intellectual
3.27or developmental disability, families of people with intellectual or developmental disabilities,
3.28legal guardians, counties, and disability service providers.
3.29 Subd. 9.Commission duties; fact finding, research, and recommendations.(a) The
3.30members of the commission must develop expertise and knowledge about:
3.31 (1) the characteristics of people across the spectrum of intellectual and developmental
3.32disabilities;
3Section 1.
REVISOR DTT/KR 25-0203601/15/25 4.1 (2) the short- and long-term needs of people with intellectual or developmental
4.2disabilities; and
4.3 (3) the process by which people with intellectual or developmental disabilities access
4.4education, career exploration, work, housing, transportation, life enrichment, day services,
4.5and support systems and whether those processes result in informed choices.
4.6 (b) The commission shall review state and county data, including demographic summary
4.7data, related to disability services for adults with intellectual and developmental disabilities
4.8to identify service shortcomings related to case management, housing, work options,
4.9transportation, availability of qualified direct support professionals, life enrichment
4.10opportunities, and day services.
4.11 (c) The commission shall review legislative proposals that affect adults with intellectual
4.12or developmental disabilities and make recommendations to the relevant standing legislative
4.13committees regarding the proposals.
4.14 (d) The commission shall review the most recent Workforce Innovation and Opportunity
4.15Act Combined State Plan to assess it for any potential negative impact on people with
4.16intellectual or developmental disabilities, examine the feasibility of amending the combined
4.17state plan to mitigate or eliminate identified negative impacts to people with intellectual or
4.18developmental disabilities, and make combined state plan amendment recommendations to
4.19the Governor's Workforce Development Board and the legislature.
4.20 (e) The commission shall review the federal Workforce Innovation and Opportunity
4.21Act, United States Code, title 29, sections 3101 to 3361; accompanying regulation; and
4.22related agency guidance to assess them for any negative potential impact to people with
4.23intellectual or developmental disabilities and submit its findings to the Minnesota
4.24congressional delegation.
4.25 (f) The commission shall identify and prioritize areas for reform in disability services
4.26for adults with intellectual or developmental disabilities.
4.27 Subd. 10.Commission duties; data-based county disability service reform sites.The
4.28commission shall select and oversee counties to serve as data-based county disability services
4.29reform sites. Selected counties must include the most densely populated county that agrees
4.30to participate and the county with the largest geographic area that agrees to participate.
4.31From money appropriated for this purpose, the commission shall award planning grants to
4.32selected counties to prepare the county's disability services system reform plans. The
4.33commission shall monitor the progress of selected counties in developing a disability services
4Section 1.
REVISOR DTT/KR 25-0203601/15/25 5.1system reform plan. The commission shall review and approve submitted county disability
5.2services reform plans.
5.3 Subd. 11.Disability services reform plan requirements.(a) A county disability services
5.4system reform plan must be data-based and the plan's reform proposals must be data driven.
5.5 (b) Selected counties must collect and analyze demographic summary data related to
5.6the adults with intellectual or developmental disabilities receiving or requesting disability
5.7services.
5.8 (c) Selected counties must collect and analyze data on the provision of case management,
5.9housing, work options, life enrichment, day services, and transportation and on the labor
5.10supply of direct support professionals in the local labor market. Selected counties must
5.11clearly identify geographic locations within their county and surrounding counties where
5.12there are no disability services, insufficient disability services, and poor-quality disability
5.13services, including the following disability services: case management; education and
5.14training opportunities for direct care professionals; intermediate care facility services; all
5.15service types described in section 256B.4914; transportation; prevocational rehabilitation;
5.16and vocational exploration options provided to students in grades 7 through 12.
5.17 (d) Selected counties must review strengths and weaknesses of county-contracted and
5.18county-employed case managers using information gathered directly from self-advocates,
5.19families, and legal guardians. Selected counties must develop a plan to enhance the
5.20knowledge and expertise of all case managers related to the needs and informed choices of
5.21adults with intellectual or developmental disabilities and to hold case managers accountable
5.22for ensuring people are making informed choices about their services.
5.23 (e) Selected counties must develop a plan to collaborate with existing regional higher
5.24education providers for education and training of direct support professionals. The skills
5.25targeted for improvement must include knowledge and understanding of the spectrum of
5.26intellectual and developmental disabilities in adults.
5.27 (f) Selected counties must develop a plan to collaborate with an existing work options
5.28provider to develop a business model that delivers a full array of work options, prevocational
5.29rehabilitation, life enrichment, and day services programs. The county plan must identify
5.30the employment status of people with intellectual or developmental disabilities who have
5.31lost their chosen work option or day services and determine how to reengage them in their
5.32work option or day service of choice.
5Section 1.
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
6.2housing options ranging from intermediate care facilities for people with developmental
6.3disabilities to independent living and home ownership with contracted provider services.
6.4 (h) Selected counties must develop a plan to collaborate with local school districts to
6.5offer vocational exploration opportunities for people with intellectual and developmental
6.6disabilities in grades 7 through 12.
6.7 (i) Selected counties must develop a plan to provide efficient and timely transportation
6.8that meets the needs and informed choices of people with an intellectual or developmental
6.9disability.
6.10 (j) When developing the plans described in this subdivision, selected counties must
6.11directly seek advice and counsel from self-advocates with intellectual or developmental
6.12disabilities, legal guardians, and families of people with an intellectual or developmental
6.13disability who are being served within the county.
6.14 (k) Each selected county must develop a plan to implement each of its proposed county
6.15disability services system reforms and identify the implementation costs. Each selected
6.16county must identify existing sources of funding and identify where an absence of funding
6.17or insufficient funding prohibits implementation of the proposed reforms.
6.18 Subd. 12.Report.By December 31 of each even-numbered year, the commission must
6.19submit a report on the commission's work and recommendations to the committees of the
6.20senate and house of representatives from which the commission membership is drawn
6.21according to subdivision 1. The standing human services committee of either chamber may
6.22request interim reports.
6.23 EFFECTIVE DATE.This section is effective July 1, 2025.
6.24 Sec. 2. Minnesota Statutes 2024, section 245A.03, is amended by adding a subdivision to
6.25read:
6.26 Subd. 7a.Licensing moratorium exception; data-based county disability service
6.27reform sites.(a) Notwithstanding subdivision 7 and section 256B.493, the commissioner
6.28must issue additional new foster care licenses or new community residential setting licenses
6.29requested by a local county board in a county disability services reform plan approved by
6.30the legislative commission on intellectual and developmental disabilities provided that the
6.31applicant meets all licensing requirements.
6.32 (b) Notwithstanding subdivision 7 and section 256B.493, new and existing foster care
6.33licenses and new and existing community residential setting licenses issued to providers in
6Sec. 2.
REVISOR DTT/KR 25-0203601/15/25 7.1counties with a county disability services reform plan approved by the legislative commission
7.2on intellectual and developmental disabilities are not subject to the commissioner's authority
7.3to delicense a setting or reduce licensed capacity following either a resource need
7.4determination process or when an adult resident served by the licensed program moves
7.5provided that in either case the licensee continues to meet all license requirements.
7.6 Sec. 3. Minnesota Statutes 2024, section 252.291, subdivision 1, is amended to read:
7.7 Subdivision 1.Moratorium.Notwithstanding any law or rule to the contrary, the
7.8commissioner of human services shall deny any request for a determination of need and
7.9refuse to grant a license pursuant to section 245A.02 for any new intermediate care facility
7.10for persons with developmental disabilities or for an increase in the licensed capacity of an
7.11existing facility except as provided in this subdivision and subdivision 2 subdivisions 2 to
7.122c. The total number of certified intermediate care beds for persons with developmental
7.13disabilities in community facilities and state hospitals shall not exceed 7,000 beds plus the
7.14authorized new intermediate care beds under subdivision 2c, except that, to the extent that
7.15federal authorities disapprove any applications of the commissioner for home and
7.16community-based waivers under United States Code, title 42, section 1396n, as amended
7.17through December 31, 1987, the commissioner may authorize new intermediate care beds,
7.18as necessary, to serve persons with developmental disabilities who would otherwise have
7.19been served under a proposed waiver. "Certified bed" means an intermediate care bed for
7.20persons with developmental disabilities certified by the commissioner of health for the
7.21purposes of the medical assistance program under United States Code, title 42, sections
7.221396 to 1396p, as amended through December 31, 1987.
7.23 Sec. 4. Minnesota Statutes 2024, section 252.291, is amended by adding a subdivision to
7.24read:
7.25 Subd. 2c.Exception for data-based county disability service reform sites.(a)
7.26Notwithstanding subdivisions 1 and 2 and section 252.28, subdivision 3, the commissioner
7.27of health must issue a supervised living facility license under section 144.50, subdivision
7.287, and certify the setting as an intermediate care facility for persons with developmental
7.29disabilities, and the commissioner of human services must authorize and grant a license
7.30under chapter 245A, to a newly constructed or newly established publicly or privately
7.31operated community intermediate care facility for six or fewer persons with developmental
7.32disabilities, under the following circumstances:
7.33 (1) the license applicant meets all licensing and certification requirements; and
7Sec. 4.
REVISOR DTT/KR 25-0203601/15/25 8.1 (2) the additional license is requested by a local county board in a county disability
8.2services reform plan approved by the legislative commission on intellectual and
8.3developmental disabilities.
8.4 (b) Notwithstanding section 252.28, subdivision 4, licenses and certifications issued
8.5under paragraph (a) are not subject to the authority of the commissioner of health or the
8.6commissioner of human services to involuntarily decertify or involuntary delicense an
8.7intermediate care facility for persons with developmental disabilities provided the licensee
8.8continues to meet the licensing and certification requirements.
8.9 Sec. 5. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
8.10PROHIBITION ON MODIFICATIONS TO DAY SERVICES.
8.11 The commissioner of human services must not propose any rule or policy that modifies,
8.12reduces availability of, eliminates, or limits admission to any program that provides day
8.13treatment and habilitation services without consulting the legislative commission on
8.14intellectual and developmental disabilities. The commissioner of human services must
8.15receive explicit legislative authority to adopt any rule or implement any policy that modifies,
8.16reduces availability of, eliminates, or limits admission to programs that provide day treatment
8.17and habilitation services.
8.18 EFFECTIVE DATE.This section is effective the day following final enactment.
8.19 Sec. 6. DIRECTION TO COMMISSIONER OF EMPLOYMENT AND ECONOMIC
8.20DEVELOPMENT; PROHIBITION ON MODIFICATIONS TO VOCATIONAL
8.21REHABILITATION SERVICES.
8.22 The commissioner of employment and economic development must not propose any
8.23rule or policy that modifies, reduces availability of, eliminates, or limits admission to any
8.24program that provides prevocational rehabilitative services provided to people with
8.25intellectual or developmental disabilities without consulting the legislative commission on
8.26intellectual and developmental disabilities. The commissioner of employment and economic
8.27development must receive explicit legislative authority to adopt any rule or implement any
8.28policy that modifies, reduces availability of, eliminates, or limits admission to any program
8.29that provides prevocational rehabilitation services.
8.30 EFFECTIVE DATE.This section is effective the day following final enactment.
8Sec. 6.
REVISOR DTT/KR 25-0203601/15/25 9.1 Sec. 7. APPROPRIATION; LEGISLATIVE COMMISSION ON INTELLECTUAL
9.2AND DEVELOPMENT AL DISABILITIES.
9.3 (a) $600,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
9.4the general fund to the legislative commission on intellectual and developmental disabilities
9.5for grants to data-based county disability services reform sites.
9.6 (b) $300,000 in fiscal year 2026 and $600,000 in fiscal year 2027 are appropriated from
9.7the general fund to the legislative commission on intellectual and developmental disabilities
9.8for administration.
9Sec. 7.
REVISOR DTT/KR 25-0203601/15/25