Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2421 Latest Draft

Bill / Introduced Version Filed 03/14/2025

                            1.1	A bill for an act​
1.2 relating to human services; establishing the council on direct support professionals;​
1.3 requiring a report; appropriating money; proposing coding for new law in Minnesota​
1.4 Statutes, chapter 256.​
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [256.4931] COUNCIL ON DIRECT SUPPORT PROFESSIONALS.​
1.7 Subdivision 1.Establishment.The council on direct support professionals is established​
1.8to develop a statewide strategic plan to address the shortage of direct support professionals​
1.9and to promote improvement in the availability of direct support services in all areas of the​
1.10state.​
1.11 Subd. 2.Definitions.(a) For the purposes of this section, the terms in this subdivision​
1.12have the meanings given.​
1.13 (b) "Direct support professional" means any individual who is not a licensed health​
1.14professional and is qualified to provide direct support services, including individuals who​
1.15are qualified to be personal care assistants, home health aides, nursing assistants, resident​
1.16assistants, or direct support staff.​
1.17 (c) "Direct support services" means assistance with activities of daily living; assistance​
1.18with instrumental activities of daily living; providing home and community-based services;​
1.19and other similar, long-term services and supports provided to a person age 65 or older or​
1.20to a person with a disability by a direct support professional to meet the person's daily living​
1.21needs and ensure that the person may adequately function in the person's home and have​
1.22safe access to the community.​
1​Section 1.​
REVISOR DTT/ES 25-02247​01/30/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2421​
NINETY-FOURTH SESSION​
Authored by Noor​03/17/2025​
The bill was read for the first time and referred to the Committee on Human Services Finance and Policy​ 2.1 (d) "Direct support staff" has the meaning given in section 245D.02.​
2.2 (e) "Licensed health professional" means a person licensed in Minnesota by a​
2.3health-related licensing board listed in section 214.01, subdivision 2.​
2.4 Subd. 3.Members.(a) The council consists of 18 members.​
2.5 (b) The executive branch members of the council are:​
2.6 (1) the commissioner of human services, or a designee appointed by the commissioner​
2.7of human services;​
2.8 (2) the commissioner of health, or a designee appointed by the commissioner of health;​
2.9 (3) the commissioner of employment and economic development, or a designee appointed​
2.10by the commissioner of employment and economic development;​
2.11 (4) the commissioner of the Office of Higher Education, or a designee appointed by the​
2.12commissioner of the Office of Higher Education;​
2.13 (5) the commissioner of labor and industry, or a designee appointed by the commissioner​
2.14of labor and industry; and​
2.15 (6) the commissioner of education, or a designee appointed by the commissioner of​
2.16education.​
2.17 (c) The nonexecutive branch members are:​
2.18 (1) one representative from the Minnesota Nursing Home Workforce Standards Board​
2.19who is not an employee of the state, appointed by the board with an affirmative vote of five​
2.20board members;​
2.21 (2) one member appointed by SEIU Healthcare Minnesota & Iowa;​
2.22 (3) one member from each of the following seven provider types, each appointed by the​
2.23commissioner of human services:​
2.24 (i) community first services and supports provider agencies;​
2.25 (ii) disability waiver service providers;​
2.26 (iii) providers of home care not provided in an assisted living facility;​
2.27 (iv) assisted living facilities;​
2.28 (v) nursing facilities;​
2.29 (vi) adult mental health service providers; and​
2​Section 1.​
REVISOR DTT/ES 25-02247​01/30/25 ​ 3.1 (vii) children's mental health service providers;​
3.2 (4) one member with lived experience or with a family member with lived experience​
3.3as a consumer of direct support services, appointed by the commissioner of human services;​
3.4 (5) one member who is a community advocate for recipients of direct support services​
3.5but is not employed by a direct support services provider, appointed by the commissioner​
3.6of human services; and​
3.7 (6) one representative of an organization that assists people with disabilities but is not​
3.8a provider of direct support services, appointed by the commissioner of human services.​
3.9 Subd. 4.Terms.Notwithstanding the provisions of section 15.059, each nonexecutive​
3.10branch member of the council shall serve a three-year term and until a successor is appointed​
3.11and qualified. The compensation and removal of all members must be as provided in section​
3.1215.059. The council performs functions that are not purely advisory, so the expiration dates​
3.13provided in section 15.059 do not apply. Vacancies must be filled by the authority for the​
3.14remainder of the unexpired term.​
3.15 Subd. 5.Chairperson; executive committee.(a) The council shall elect a chairperson​
3.16and other officers as the council deems necessary.​
3.17 (b) An executive committee elected by the members of the council shall govern the​
3.18council. The council chairperson must be a member of the executive committee.​
3.19 (c) The executive committee may appoint additional subcommittees and work groups​
3.20as necessary to fulfill the duties of the advisory council.​
3.21 Subd. 6.Executive director; staff.The council shall appoint an executive director of​
3.22the council by a vote of a majority of all council members. The executive director must be​
3.23in the unclassified service of the state and may be removed at any time by a majority vote​
3.24of the council. The executive director serves as an ex officio nonvoting member of the​
3.25executive committee and shall provide administrative support for the council; provide​
3.26administrative leadership to implement council mandates, policies, and objectives; and​
3.27employ and direct staff authorized according to state law and necessary to carry out council​
3.28mandates, policies, activities, and objectives. The council may delegate to the executive​
3.29director any powers and duties under this section that do not require council approval. The​
3.30salary of the executive director and staff must be established pursuant to chapter 43A.​
3.31 Subd. 7.Duties and powers.(a) The council has the following duties and powers:​
3​Section 1.​
REVISOR DTT/ES 25-02247​01/30/25 ​ 4.1 (1) advocate for the expansion of existing effective pathways for recruitment, education,​
4.2training, employment, skill development, and competitive compensation of direct support​
4.3professionals;​
4.4 (2) develop a statewide strategic plan to increase the number of qualified direct support​
4.5professionals, reduce job vacancies among direct support service providers, reduce job​
4.6vacancies among direct support service recipients seeking to directly employ a direct support​
4.7professional, retain direct support professionals, and reduce turnover among direct support​
4.8professionals;​
4.9 (3) identify implementable strategies to expand educational and employment pathways​
4.10for jobseekers, students in college, or individuals employed or trained in other trades or​
4.11industries to become qualified direct support professionals;​
4.12 (4) formulate a recommended strategic direct support professional career lattice platform​
4.13based on Minnesota's current and potential direct support professional standards and job​
4.14classifications, a compa-ratio compensation analysis by standard occupational classifications​
4.15codes of comparable professions and competing employment opportunities, and an​
4.16assessment of new direct support professional career lattice levels, including but not limited​
4.17to postsecondary-credentialed direct support professional positions and college credit-based​
4.18experiential learning opportunities;​
4.19 (5) assess the development of additional postsecondary or other educational strategies​
4.20to expand the direct support professional workforce;​
4.21 (6) assess the opportunities to improve access to affordable and quality benefits for direct​
4.22support professionals;​
4.23 (7) conduct an economic assessment of the state's investment in direct support services​
4.24and providers and the impact of those investments on Minnesota's economy;​
4.25 (8) promote respectful and safe working conditions for direct support professionals and​
4.26prevention of exploitation of direct support professionals;​
4.27 (9) publish recommendations related to the council's purposes, goals, and work achieved​
4.28through the council's activities; and​
4.29 (10) provide recommended changes to state statutes, laws, rules, and departmental​
4.30policies necessary to implement the council's recommendations.​
4.31 (b) In carrying out the council's duties, the council must:​
4​Section 1.​
REVISOR DTT/ES 25-02247​01/30/25 ​ 5.1 (1) strive to make data-informed decisions and effectively communicate the supporting​
5.2data and the data's sources to the public when making recommendations;​
5.3 (2) prioritize long-term solutions to address the shortage of qualified direct support​
5.4professionals; and​
5.5 (3) prioritize work that addresses existing inequities in the direct support services delivery​
5.6system.​
5.7 Subd. 8.Meetings.(a) The council shall meet at least quarterly and more frequently at​
5.8the call of the chairperson or at the request of a majority of council members.​
5.9 (b) Notwithstanding section 13D.01, the council may conduct a meeting of its members​
5.10by telephone or other electronic means so long as the following conditions are met:​
5.11 (1) all members of the council participating in the meeting, wherever their physical​
5.12location, can hear one another and can hear all discussion and testimony;​
5.13 (2) members of the public present at the regular meeting location of the council can hear​
5.14all discussion and all votes of members of the council and participate in testimony;​
5.15 (3) at least one member of the council is physically present at the regular meeting location;​
5.16and​
5.17 (4) all votes are conducted by roll call, so each member's vote on each issue can be​
5.18identified and recorded.​
5.19 (c) Each member of the council participating in a meeting by telephone or other electronic​
5.20means is considered present at the meeting for the purposes of determining a quorum and​
5.21participating in all proceedings.​
5.22 (d) If telephone or another electronic means is used to conduct a meeting, the council,​
5.23to the extent practical, shall allow a person to monitor the meeting electronically from a​
5.24remote location.​
5.25 (e) If telephone or another electronic means is used to conduct a regular, special, or​
5.26emergency meeting, the council shall provide notice of the regular meeting location, of the​
5.27fact that some members may participate by electronic means, and of the provisions of​
5.28paragraph (d). The timing and method of providing notice is governed by section 13D.04.​
5.29 Subd. 9.Annual report.By January 1 of each year, beginning January 1, 2026, the​
5.30council shall report to the chairs and ranking minority members of the legislative committees​
5.31with jurisdiction over human services, health, employment and economic development,​
5.32labor and industry, and higher education on the council's activities under subdivision 8, its​
5​Section 1.​
REVISOR DTT/ES 25-02247​01/30/25 ​ 6.1recommendations, its proposed changes to statute or rules, and other issues on which the​
6.2council may choose to report.​
6.3 Sec. 2. COUNCIL ON DIRECT SUPPORT PROFESSIONALS; INITIAL​
6.4APPOINTMENTS AND FIRST MEETING.​
6.5 Subdivision 1.Initial appointments.The appointing authorities under Minnesota​
6.6Statutes, section 256.4931, subdivision 3, must make their initial appointments no later than​
6.7October 1, 2025.​
6.8 Subd. 2.First meeting.The commissioner of human services, or the commissioner's​
6.9designee appointed under Minnesota Statutes, section 256.4931, subdivision 3, paragraph​
6.10(b), clause (1), must convene the first meeting of the council on direct support professionals​
6.11no later than October 1, 2025. The commissioner or the commissioner's designee shall​
6.12preside over the first meeting until the council elects a chairperson.​
6.13 Subd. 3.Initial administrative support.The commissioner of human services shall​
6.14provide administrative support to the council until the council has appointed an executive​
6.15director, or until June 30, 2026, whichever occurs first. The council must reimburse the​
6.16commissioner for reasonable expenses incurred to provide the administrative support.​
6.17 Sec. 3. APPROPRIATION; COUNCIL ON DIRECT SUPPORT PROFESSIONALS.​
6.18 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
6.19fund to the council on direct support professionals. From the amount appropriated in fiscal​
6.20year 2026, the council must reimburse the commissioner of human services for the reasonable​
6.21costs incurred by the commissioner to provide the council with administrative support prior​
6.22to appointment by the council of an executive director.​
6​Sec. 3.​
REVISOR DTT/ES 25-02247​01/30/25 ​